---
kind: "section"
citation: "46 U.S.C. § 50103"
title: "46"
title_heading: "Shipping"
number: "50103"
heading: "Determinations of essential services"
release: "119-102"
url: "https://uscodex.org/usc/46/50103"
units:
  - "Subtitle V — Merchant Marine"
  - "Part A — General"
  - "Chapter 501 — Policy, Studies, and Reports"
---

# §50103. Determinations of essential services

- (a) **Essential Services, Routes, and Lines.—**
  - (1) **In general.—** The Secretary of Transportation shall investigate, determine, and keep current records of the ocean services, routes, and lines from ports in the [United States](/usc/46/114.md), or in the territories and possessions of the [United States](/usc/46/114.md), to foreign markets, which the Secretary determines to be essential for the promotion, development, expansion, and maintenance of the [foreign commerce](/usc/46/109.md?p=a) of the [United States](/usc/46/114.md). In making such a determination, the Secretary shall consider and give due weight to—
    - (A) the cost of maintaining each line;
    - (B) the probability that a line cannot be maintained except at a heavy loss disproportionate to the benefit to [foreign trade](/usc/46/109.md?p=a);
    - (C) the number of voyages and types of [vessels](/usc/46/115.md) that should be employed in a line;
    - (D) the intangible benefit of maintaining a line to the [foreign commerce](/usc/46/109.md?p=a) of the [United States](/usc/46/114.md), the national defense, and other national requirements; and
    - (E) any other facts and conditions a prudent business person would consider when dealing with the person’s own business.
  - (2) **Saint lawrence seaway.—** For purposes of [paragraph (1)](#a-1), the Secretary shall establish services, routes, and lines that reflect the seasonal closing of the Saint Lawrence Seaway and provide for alternate routing of [vessels](/usc/46/115.md) through a different range of ports during that closing to maintain continuity of service on a year-round basis.
- (b) **Bulk Cargo Carrying Services.—** The Secretary shall investigate, determine, and keep current records of the bulk cargo carrying services that should be provided by [vessels](/usc/46/115.md) of the [United States](/usc/46/114.md) (whether or not operating on particular services, routes, or lines) for the promotion, development, expansion, and maintenance of the [foreign commerce](/usc/46/109.md?p=a) of the [United States](/usc/46/114.md) and the national defense or other national requirements.
- (c) **Types of Vessels.—** The Secretary shall investigate, determine, and keep current records of the type, size, speed, method of propulsion, and other requirements of the [vessels](/usc/46/115.md), including express-liner or super-liner [vessels](/usc/46/115.md), that should be employed in—
  - (1) the services, routes, or lines described in [subsection (a)](#a), and the frequency and regularity of the voyages of the [vessels](/usc/46/115.md), with a view to furnishing adequate, regular, certain, and permanent service; and
  - (2) the bulk cargo carrying services described in [subsection (b)](#b).

## Source credit

(Pub. L. 109–304, § 8(b), Oct. 6, 2006, 120 Stat. 1557.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 50103(a)(1) | 46 App.:1121(a). | June 29, 1936, ch. 858, title II, § 211(a)–(c), 49 Stat. 1989; Pub. L. 91–469, §§ 4, 35(a), (b), Oct. 21, 1970, 84 Stat. 1018, 1035; Pub. L. 97–31, § 12(67), Aug. 6, 1981, 95 Stat. 159. |
| 50103(a)(2) | 46 App.:1213(a) (3d sentence related to 1121(a)). | June 29, 1936, ch. 858, title VIII, § 809(a) (3d sentence related to 211(a)), as added Pub. L. 97–35, title XVI, § 1604, Aug. 13, 1981, 95 Stat. 751. |
| 50103(b) | 46 App.:1121(b). |  |
| 50103(c) | 46 App.:1121(c). |  |