Page:United States Statutes at Large Volume 120.djvu/1701

 120 STAT. 1670

PUBLIC LAW 109–304—OCT. 6, 2006 ‘‘(2) DOMESTIC TRADE.—The charter shall provide if the vessel is operated in domestic trade on any of the services specified in paragraph (1), the charterer will pay annually 1⁄25 of to the Secretary of Transportation that proportion of the difference between the domestic and foreign cost of the vessel as the gross revenue derived from the domestic trade bears to the gross revenue derived from the entire voyages completed during the preceding year.

‘‘§ 57532. Operation of experimental vessels ‘‘(a) DEFINITION.—In this section, the term ‘experimental vessel’ means a vessel owned by the United States Government (including a vessel in the National Defense Reserve Fleet) that has been constructed, reconditioned, or remodeled for experimental or testing purposes. ‘‘(b) AUTHORITY TO OPERATE.—The Secretary of Transportation, for the purpose of practical development, trial, and testing, may operate an experimental vessel under a bareboat charter or general agency agreement in the foreign or domestic trade of the United States or for use for the account of a department or agency of the Government, without regard to other provisions of this subtitle and other laws related to chartering and general agency operations. Not more than 10 vessels may be operated and tested under this section in any one year. ‘‘(c) TERMS OF OPERATION.—Operation of a vessel under this section shall be on terms the Secretary considers appropriate to carry out the purposes of this subtitle. A bareboat charter under this section shall be at reasonable rates and include restrictions the Secretary considers appropriate to protect the public interest, including provisions for recapture of profits under section 57517 of this title. A charter or general agency agreement under this section shall be reviewed annually to determine whether conditions exist to justify continuance of the charter or agreement. ‘‘(d) RIGHTS OF SEAMEN.—A seaman engaged in vessel operations of the Secretary under this section and employed through a general agent in connection with a charter or agreement under this section is entitled to all the rights and remedies provided in sections 1(a) and (c), 3(c), and 4 of the Act of March 24, 1943 (50 App. U.S.C. 1291(a), (c), 1293(c), 1294).

‘‘PART G—RESTRICTIONS

AND

PENALTIES

‘‘CHAPTER 581—RESTRICTIONS AND PENALTIES ‘‘Sec. ‘‘58101. ‘‘58102. ‘‘58103. ‘‘58104. ‘‘58105. ‘‘58106. ‘‘58107. ‘‘58108. ‘‘58109.

Operating in domestic intercoastal or coastwise service. Default on payment or maintenance of reserves. Employing another person as managing or operating agent. Willful violation constitutes breach of contract or charter. Preferences for cargo in which charterer has interest. Concerted discriminatory activities. Discrimination at ports by water common carriers. Charges for transportation subject to subtitle IV of title 49. Penalties.

‘‘§ 58101. Operating in domestic intercoastal or coastwise service ‘‘(a) PROHIBITION.—A subsidy may not be awarded or paid to a contractor under the operating-differential subsidy program,

VerDate 14-DEC-2004

13:05 Jul 12, 2007

Jkt 059194

PO 00002

Frm 00414

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.109

APPS06

PsN: PUBL002

�