46 U.S.C. § 55601
46 U.S.C. § 55601
EDITORIAL NOTES
AMENDMENTS2022- Pub. L. 117-263 amended section generally. Prior to amendment, section related to Marine highways transportation program. 2021- Pub. L. 116-283, §8332(d)(3)(B), substituted "marine highway" for "short sea" wherever appearing. Pub. L. 116-283, §8332(d)(3)(A), substituted "Marine highways" for "Short sea" in section catchline.Subsec. (a). Pub. L. 116-283, §8332(d)(3)(C)(ii), which directed amendment of subsec. (a) by substituting "provide a coordinated and capable alternative to landside transportation or to promote marine highway transportation" for "mitigate landside congestion or to promote short sea transportation", was executed by making the substitution for "mitigate landside congestion or to promote marine highway transportation" to reflect the probable intent of Congress and the intervening amendment by Pub. L. 116-283, §8332(d)(3)(B). Pub. L. 116-283, §8332(d)(3)(C)(i), substituted "transportation program to be known as the 'America's Marine highway program' " for "transportation program".Subsec. (b)(1). Pub. L. 116-283, §8332(d)(3)(D)(ii), added par. (1) and struck out former par. (1) which read as follows: "documented vessels;".Subsec. (c). Pub. L. 116-283, §8332(d)(3)(D)(i), which directed amendment of subsec. (b) by substituting "Marine Highway Transportation" for "Short Sea Transportation" in heading, was executed by making the amendment to subsec. (c) to reflect the probable intent of Congress.2012-Subsec. (a). Pub. L. 112-213, §405(a)(1), substituted "landside congestion or to promote short sea transportation." for "landside congestion." Subsec. (c). Pub. L. 112-213, §405(a)(2), substituted "coastal corridors or to promote short sea transportation" for "coastal corridors".Subsec. (d). Pub. L. 112-213, §405(a)(3), substituted "that the project uses documented vessels and-" for "that the project may-" in introductory provisions, added pars. (1) and (2), and struck out former pars. (1) and (2) which read as follows:"(1) offer a waterborne alternative to available landside transportation services using documented vessels; and"(2) provide transportation services for passengers or freight (or both) that may reduce congestion on landside infrastructure using documented vessels."Subsec. (f). Pub. L. 112-213, §405(a)(4), substituted "may" for "shall" in two places in introductory provisions.2009-Subsec. (g). Pub. L. 111-84 added subsec. (g).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATESection effective 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110-140 set out as a note under section 1824 of Title 2, The Congress.
REGULATIONS Pub. L. 110-140, title XI, §1121(c), Dec. 19, 2007, 121 Stat. 1762, provided that: "(1) INTERIM REGULATIONS.-Not later than 90 days after the date of enactment of this Act [Dec. 19, 2007], the Secretary of Transportation shall issue temporary regulations to implement the program under this section. Subchapter II of chapter 5 of title 5, United States Code, does not apply to a temporary regulation issued under this paragraph or to an amendment to such a temporary regulation."(2) FINAL REGULATIONS.-Not later than October 1, 2008, the Secretary of Transportation shall issue final regulations to implement the program under this section."
REPORT ON INCREASING EFFECTIVENESS OF MARINE HIGHWAYS Pub. L. 118-31, div. C, title XXXV, §3521(d), Dec. 22, 2023, 137 Stat. 820, provided that:"(1) IN GENERAL.-Not later than one year after the date of the enactment of this Act [Dec. 22, 2023], the Administrator of the Maritime Administration shall complete and make publicly available on an appropriate website a study that identifies opportunities for, and barriers to, increasing the effectiveness of marine highways designated under section 55601 of title 46, United States Code, in addressing two or more of the components described in clauses (i), (ii), and (iv) of subparagraphs [sic] (A) and subparagraph (B) of section 50307(a)(2) of title 46, United States Code."(2) PILOT PROGRAM.-Beginning on the date that is 120 days after the date of the completion of the study required under paragraph (1), the Administrator shall carry out a one-year pilot program under which the Administrator shall select one marine highway project and implement the findings of the study with respect to that project."(3) FINAL REPORT.-Not later than 90 days after the completion of the pilot program under paragraph (3), the Administrator shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, a briefing on the lessons learned from the pilot program, any recommendations based on feedback from maritime stakeholders, States, Indian Tribes, nonprofit organizations, and other stakeholders, and recommendations for establishing future marine highways in the United States."
DEADLINE FOR PUBLIC AVAILABILITY OF MAP Pub. L. 117-263, div. C, title XXXV, §3521(f), Dec. 23, 2022, 136 Stat. 3080, provided that: "Not later than 120 days after the date of the enactment of this Act [Dec. 23, 2022], the Maritime Administration shall make publicly available the map of marine highway program routes required to be made publicly available under subsection (c) of section 55601 of title 46, United States Code, as amended by this section."
- Tribal government
- The term "Tribal government" means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently, as of the date of enactment of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131) .
- marine highway transportation
- The term "marine highway transportation" means the carriage by a documented vessel of cargo (including such carriage of cargo and passengers), if such cargo-(A) is-(i) contained in intermodal cargo containers and loaded by crane on the vessel;(ii) loaded on the vessel by means of wheeled technology, including roll-on roll-off cargo;(iii) shipped in discrete units or packages that are handled individually, palletized, or unitized for purposes of transportation;(iv) bulk, liquid, or loose cargo loaded in tanks, holds, hoppers, or on deck; or(v) freight vehicles carried aboard commuter ferry boats; and(B) is-(i) loaded at a port in the United States and unloaded either at another port in the United States or at a port in Canada or Mexico; or(ii) loaded at a port in Canada or Mexico and unloaded at a port in the United States.