---
kind: "section"
citation: "46 U.S.C. § 55332"
title: "46"
title_heading: "Shipping"
number: "55332"
heading: "Designating American Great Lakes vessels"
release: "119-102"
url: "https://uscodex.org/usc/46/55332"
units:
  - "Subtitle V — Merchant Marine"
  - "Part D — Promotional Programs"
  - "Chapter 553 — Passenger and Cargo Preferences"
  - "Subchapter III — American Great Lakes Vessels"
---

# §55332. Designating American Great Lakes vessels

- (a) **Designations.—** The Secretary of Transportation shall designate a [vessel](/usc/46/115.md) as an [American Great Lakes vessel](/usc/46/55331.md?p=1) if—
  - (1) an application for designation is submitted to the Secretary under regulations prescribed by the Secretary;
  - (2) the [vessel](/usc/46/115.md) is documented under the laws of the [United States](/usc/46/114.md);
  - (3) the [vessel](/usc/46/115.md), on the effective date of the designation, is—
    - (A) at least 1, but not more than 6, years old; or
    - (B) at least 1, but not more than 11, years old if the Secretary finds that suitable [vessels](/usc/46/115.md) are not available to provide the type of service for which the [vessel](/usc/46/115.md) will be used after the designation;
  - (4) the [vessel](/usc/46/115.md) has not previously been designated as an [American Great Lakes vessel](/usc/46/55331.md?p=1); and
  - (5) the owner makes an agreement as provided under [subsection (b)](#b).
- (b) **Agreements.—** A [vessel](/usc/46/115.md) may be designated as an [American Great Lakes vessel](/usc/46/55331.md?p=1) only if the person that will be the owner of the [vessel](/usc/46/115.md) at the time of the designation makes an agreement with the Secretary providing that if the Secretary determines that the [vessel](/usc/46/115.md) is necessary to the defense of the [United States](/usc/46/114.md), the [United States](/usc/46/114.md) Government will have an exclusive right, during the 120-day period following the date of a revocation of the designation under [section 55335 of this title](/usc/46/55335.md), to purchase the [vessel](/usc/46/115.md) for a price equal to the greater of—
  - (1) the approximate world market value of the [vessel](/usc/46/115.md); or
  - (2) the cost of the [vessel](/usc/46/115.md) to the owner less a reasonable amount for depreciation.
- (c) **Certain Foreign Documentation and Sale Not Prohibited.—** Notwithstanding any other law, if the Government does not exercise its right of purchase under an agreement under [subsection (b)](#b), the owner of the [vessel](/usc/46/115.md) is not prohibited from—
  - (1) documenting the [vessel](/usc/46/115.md) under the laws of a foreign country; or
  - (2) selling the [vessel](/usc/46/115.md) to a person not a [citizen of the United States](/usc/46/104.md).
- (d) **Regulations.—** The Secretary shall prescribe regulations establishing requirements for submitting applications under this section.

## Source credit

(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1649.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 55332 | 46 App.:1241r. | Pub. L. 101–624, title XV, § 1522, Nov. 28, 1990, 104 Stat. 3665. |

In subsection (a), the words “for purposes of sections 1241q to 1241v of this Appendix” are omitted as unnecessary.

In subsection (c), before paragraph (1), the words “construction and purchase” before “agreement” are omitted because the source provision for subsection (b) does not say anything about construction.

In subsection (d), the words “Not later than 60 days after November 28, 1990” are omitted as obsolete.