---
kind: "section"
citation: "46 U.S.C. § 56502"
title: "46"
title_heading: "Shipping"
number: "56502"
heading: "Adjusting obligations and arranging maintenance"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/46/56502"
units:
  - "Subtitle V — Merchant Marine"
  - "Part E — Control of Merchant Marine Capabilities"
  - "Chapter 565 — Essential Vessels Affected by Neutrality Act"
---

# §56502. Adjusting obligations and arranging maintenance

- (a) **General Authority.—** On written application, the [Secretary](/usc/46/53101.md?p=8) of Transportation may adjust [obligations](/usc/46/53701.md?p=9) and arrange for maintenance of an essential [vessel](/usc/46/53501.md?p=9) as provided in this chapter if the [Secretary](/usc/46/53101.md?p=8) determines, after any investigation or proceeding the [Secretary](/usc/46/53101.md?p=8) considers desirable, that—
  - (1) the operation of the [vessel](/usc/46/53501.md?p=9) in the service, route, or line to which it is assigned under this subtitle, or in which it otherwise would be operated, is not—
    - (A) lawful under the Neutrality Act of 1939 ([22 U.S.C. 441](/usc/22/441.md) et seq.) or a proclamation issued under that Act; or
    - (B) compatible with maintaining the availability of the [vessel](/usc/46/53501.md?p=9) for national defense and commerce;
  - (2) it is not feasible under existing law to employ the [vessel](/usc/46/53501.md?p=9) in any other service or operation in foreign or domestic trade (except temporary or emergency operation under [section 56503(b)(5) of this title](/usc/46/56503.md?p=b-5)); and
  - (3) the applicant, because of the restrictions of the Neutrality Act of 1939 ([22 U.S.C. 441](/usc/22/441.md) et seq.) or the withdrawal of [vessels](/usc/46/53501.md?p=9) for national defense under [paragraph (1)](#a-1), is not earning or will not earn a reasonable return on the capital necessarily employed in its business.
- (b) **Effective Period.—** Adjustments and arrangements under [subsection (a)](#a) shall continue in effect only as long as the circumstances described in [subsection (a)](#a) continue to exist.

## Source credit

(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1657.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 56502 | 46 App.:1242a(b), (e). | June 29, 1940, ch. 442, subdivs. (b), (e), 54 Stat. 684, 686; Pub. L. 97–31, § 12(132), Aug. 6, 1981, 95 Stat. 165. |

The text of 46 App. U.S.C. 1242a(b) (1st sentence) is omitted as surplus. The text of 46 App. U.S.C. 1242a(e) is omitted as obsolete.

### Editorial Notes

### References in Text

The Neutrality Act of 1939, referred to in subsec. (a)(1)(A), (3), is act Nov. 4, 1939, ch. 2, 54 Stat. 4, which is classified generally to subchapter II (§ 441 et seq.) of chapter 9 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 441 of Title 22 and Tables.