110 STAT. 3128 PUBLIC LAW 104-239—OCT. 8, 1996 Federal Register, publication. Hearings. Federal Register, publication. of sailings, the capacity offered, or the domestic ports called by a contractor or related party in a noncontiguous domestic trade. The Secretary may grant such written permission pursuant to written application of such contractor or related party unless the Secretary finds that— "(A) existing service in that trade is adequate; or "(B) the service sought to be provided by the contractor or related party— "(i) would result in unfair competition to any other person operating vessels in such noncontiguous domestic trade, or "(ii) would be contrary to the objects and policy of this Act. "(2) For purposes of this subsection, 'written permission of the Secretary* means permission which states the capacity offered, the number and frequency of sailings, and the domestic ports called, and which is granted following— "(A) written application containing the information required by paragraph (e)(1) by a person seeking such written permission, notice of which application shall be published in the Federal Register within 15 days of filing of such application with the Secretary; "(B) holding of a hearing on the application under section 554 of title 5, United States Code, in which every person, firm or corporation having any interest in the application shall be permitted to intervene and be heard; and "(C) final decision on the application by the Secretary within 120 days following conclusion of such hearing. "(b) Subsection (a) shall not apply in any way to provision by a contractor of service within the level of service provided by that contractor as of the date established by subsection (c) or to provision of service permitted by subsection (d). "(c) The date referred to in subsection (b) shall be August 9, 1995: Provided however. That with respect to tug and barge service to Alaska the date referred to in subsection (b) shall be July 1, 1992. "(d) A contractor may provide service in a trade in addition to the level of service provided as of the applicable date established by subsection (c) in proportion to the annual increase in real gross product of the noncontiguous State or Commonwealth served since the applicable date established by subsection (c). "(e)(1) A person applying for award of an agreement under this subtitle shall include with the application a description of the level of service provided by that person in each noncontiguous domestic trade served as of the date applicable under subsection (c). The application also shall include, for each such noncontiguous domestic trade: a list of vessels operated by that person in such trade, their container carrying capacity expressed in twenty-foot equivalent units (TEUs) or other carrying capacity, the itinerary for each such vessel, and such other information as the Secretary may require by regulation. Such description and information shall be made available to the public. Within 15 days of the date of an application for an agreement by a person seeking to provide service pursuant to subsections (b) and (c) of this section, the Secretary shall cause to be published in the Federal Register notice of such description, along with a request for public comment thereon. Comments on such description shall be submitted to the
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