46 U.S.C. § 53905 (2024) — Title 46: SHIPPING / Chapter 539 / Section 53905: Agency insurance
Agency insurance
Status: in_force

(a) In General.—With the approval of the President, an agency of the United States Government may obtain insurance provided for by this chapter from the Secretary of Transportation, except as provided in sections 17302 and 17303 of title 40.

(b) Premium Waivers.—With the approval of the President, the Secretary of Transportation may provide insurance under this chapter at the request of the Secretary of Defense and other agencies the President may prescribe, without payment of an insurance premium if the Secretary of Defense or agency agrees to indemnify the Secretary of Transportation against loss covered by the insurance. The Secretary of Defense and agencies may make such an indemnity agreement.

(c) Presidential Approval.—The signature of the President (or an official designated by the President) on the agreement shall be treated as the approval required by section 53902(a) of this title.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1628.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

53905
46 App.:1285.
June 29, 1936, ch. 858, title XII, §1205, as added Sept. 7, 1950, ch. 906, 64 Stat. 774; Pub. L. 105–261, div. A, title X, §1071(a), Oct. 17, 1998, 112 Stat. 2137.
46 U.S.C. § 31305 (2024) — Title 46: SHIPPING / Chapter 313 / Subchapter I / Section 31305: Waiver of lien rights
Waiver of lien rights
Status: in_force

This chapter does not prevent a mortgagee or other lien holder from waiving or subordinating at any time by agreement or otherwise the lien holder's right to a lien, the priority or, if a preferred mortgage lien, the preferred status of the lien.

(Pub. L. 100–710, title I, §102(c), Nov. 23, 1988, 102 Stat. 4741.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

31305 
46:974

Section 31305 provides for the waiver of lien rights by the mortgagee or a person performing or supplying necessaries. This section makes no substantive change to law and is included only because of a like provision in current law. Without this provision the Committee believes these waivers would be permissible as a matter of law as they do not violate any public policy and on their face reflect an arms length transaction between the parties. The inclusion of this provision should not raise the implication that a similar provision is required for other matters that may be waivable as a matter of law.

house floor statement

Section 31305 has been changed to clarify that the chapter does not prevent a mortgagee or other lien holder from waiving by contract the right to a lien, or the priority of that lien.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1989, with certain exceptions and qualifications, see section 107 of Pub. L. 100–710, set out as a note under section 31301 of this title.
46 U.S.C. § 51328 (2024) — Title 46: SHIPPING / Chapter 513 / Section 51328: Student support
Student support
Status: in_force

The Maritime Administrator shall—

(1) require a biannual survey of midshipmen, faculty, and staff of the Academy assessing the environment of the Academy; and

(2) require an annual survey of faculty and staff of the Academy assessing the Sea Year program.

(Added Pub. L. 117–263, div. C, title XXXV, §3531(a), Dec. 23, 2022, 136 Stat. 3087.)

Statutory Notes and Related Subsidiaries

United States Merchant Marine Academy Student Support Plan

Pub. L. 117–263, div. C, title XXXV, §3531(d), Dec. 23, 2022, 136 Stat. 3087, provided that:

"(1) Student support plan.—Not later than January 1, 2023, the Maritime Administrator shall issue a Student Support Plan for the United States Merchant Marine Academy, in consultation with relevant mental health professionals in the Federal Government or experienced with the maritime industry or related industries. Such plan shall—

"(A) address the mental health resources available to midshipmen, both on-campus and during Sea Year;

"(B) establish a tracking system for suicidal ideations and suicide attempts of midshipmen, which excludes personally identifiable information;

"(C) create an option for midshipmen to obtain assistance from a professional care provider virtually; and

"(D) require an annual survey of faculty and staff assessing the adequacy of mental health resources for midshipmen of the Academy, both on campus and during Sea Year.

"(2) Report to congress.—Not later than 30 days after the date of enactment of this section [Dec. 23, 2022], the Maritime Administrator shall provide Congress with a report on the resources necessary to properly implement this subsection."
46 U.S.C. § 44105 (2024) — Title 46: SHIPPING / Chapter 441 / Section 44105: Refusal of clearance
Refusal of clearance
Status: in_force

The Secretary of Homeland Security shall refuse the clearance required by section 60105 of this title, at the port or place of departure from the United States, of a vessel that is subject to this chapter and does not have evidence issued by the Federal Maritime Commission of compliance with sections 44102 and 44103 of this title.

(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1555.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

44105
46 App.:817d(e).
Pub. L. 89–777, §§2(e), 3(e), Nov. 6, 1966, 80 Stat. 1357, 1358; Pub. L. 103–182, title VI, §689(c), Dec. 8, 1993, 107 Stat. 2222.

 
46 App.:817e(e).

The words "Secretary of Homeland Security" are substituted for "Customs Service" because the functions of the Customs Service and of the Secretary of the Treasury relating thereto were transferred to the Secretary of Homeland Security by section 403(1) of the Homeland Security Act of 2002 (Pub. L. 107–296, 116 Stat. 2178).
46 U.S.C. § 57503 (2024) — Title 46: SHIPPING / Chapter 575 / Subchapter I / Section 57503: Competitive bidding
Competitive bidding
Status: in_force

(a) Advertisement and Bidding.—The Secretary of Transportation may make a contract with a private shipbuilder for the construction of a new vessel, or for the reconstruction or reconditioning of an existing vessel, only after due advertisement and upon sealed competitive bids.

(b) Opening of Bids.—Bids required under this section shall be opened at the time and place stated in the advertisement for bids. All interested persons, including representatives of the press, shall be permitted to attend. The results of the bidding shall be publicly announced.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1665.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

57503(a)
46 App.:1193(a).
June 29, 1936, ch. 858, title VII, §703(a), (c) (related to construction, reconstruction, or reconditioning), 49 Stat. 2008; Pub. L. 97–31, §12(105), Aug. 6, 1981, 95 Stat. 163.

57503(b)
46 App.:1193(c) (related to construction, reconstruction, or reconditioning).

In subsection (b), the words "Bids required under this section" are substituted for "All bids required by the Secretary of Transportation for the construction, reconstruction, or reconditioning of vessels" to eliminate unnecessary words. The word "hour" is omitted as covered by "time".
46 U.S.C. § 51906 (2024) — Title 46: SHIPPING / Chapter 519 / Section 51906: Special certificates for civilian service to armed forces
Special certificates for civilian service to armed forces
Status: in_force

(a) General Authority.—The Maritime Administrator may issue a special certificate to an individual, or the personal representative of an individual, in recognition of service of that individual in the merchant marine of the United States, if the service has been determined to be active duty under section 401 of the GI Bill Improvement Act of 1977 (Public Law 95–202; 38 U.S.C. 106 note).

(b) Relationship to Other Laws.—Issuance of a certificate under subsection (a) does not entitle an individual to any rights, privileges, or benefits under a law of the United States.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1585.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

51906
46 App.:2006.
Pub. L. 100–324, §7, May 30, 1988, 102 Stat. 577.
46 U.S.C. § 70108 (2024) — Title 46: SHIPPING / Chapter 701 / Subchapter I / Section 70108: Foreign port assessment
Foreign port assessment
Status: in_force

(a) In General.—The Secretary shall assess the effectiveness of the antiterrorism measures maintained at—

(1) a foreign port—

(A) served by vessels documented under chapter 121 of this title; or

(B) from which foreign vessels depart on a voyage to the United States; and

(2) any other foreign port the Secretary believes poses a security risk to international maritime commerce.

(b) Procedures.—In conducting an assessment under subsection (a), the Secretary shall assess the effectiveness of—

(1) screening of containerized and other cargo and baggage;

(2) security measures to restrict access to cargo, vessels, and dockside property to authorized personnel only;

(3) additional security on board vessels;

(4) licensing or certification of compliance with appropriate security standards;

(5) the security management program of the foreign port; and

(6) other appropriate measures to deter terrorism against the United States.

(c) Consultation.—In carrying out this section, the Secretary shall consult with—

(1) the Secretary of Defense and the Secretary of State—

(A) on the terrorist threat that exists in each country involved; and

(B) to identify foreign ports that pose a high risk of introducing terrorism to international maritime commerce;

(2) appropriate authorities of foreign governments; and

(3) operators of vessels.

(d) Periodic Reassessment.—The Secretary, acting through the Commandant of the Coast Guard, shall reassess the effectiveness of antiterrorism measures maintained at ports as described under subsection (a) and of procedures described in subsection (b) not less than once every 3 years.

(e) Limitation on Statutory Construction.—The absence of an inspection of a foreign port shall not bar the Secretary from making a finding that a port in a foreign country does not maintain effective antiterrorism measures.

(f) Recognition of Assessment Conducted by Other Entities.—

(1) Certification and treatment of assessments.—For the purposes of this section and section 70109, the Secretary may treat an assessment that a foreign government (including, for the purposes of this subsection, an entity of or operating under the auspices of the European Union) or international organization has conducted as an assessment that the Secretary has conducted for the purposes of subsection (a), if—

(A) the Secretary certifies that the foreign government or international organization—

(i) has conducted the assessment in accordance with subsection (b); and

(ii) has provided the Secretary with sufficient information pertaining to its assessment (including information regarding the outcome of the assessment); and

(B) the foreign government that conducted the assessment is not a state sponsor of terrorism (as defined in section 3316(h)).

(2) Authorization to enter into an agreement.—For the purposes of this section and section 70109, the Secretary, in consultation with the Secretary of State, may enter into an agreement with a foreign government (including, for the purposes of this subsection, an entity of or operating under the auspices of the European Union) or international organization, under which parties to the agreement—

(A) conduct an assessment, required under subsection (a);

(B) share information pertaining to such assessment (including, but not limited to, information on the outcome of the assessment); or

(C) both.

(3) Limitations.—Nothing in this section may be construed—

(A) to require the Secretary to treat an assessment conducted by a foreign government or an international organization as an assessment that satisfies the requirement under subsection (a);

(B) to limit the discretion or ability of the Secretary to conduct an assessment under this section;

(C) to limit the authority of the Secretary to repatriate aliens to their respective countries of origin; or

(D) to prevent the Secretary from requesting security and safety measures that the Secretary considers necessary to safeguard Coast Guard personnel during the repatriation of aliens to their respective countries of origin.

(4) Notification to congress.—Not later than 30 days before entering into an agreement or arrangement with a foreign government under paragraph (2), the Secretary shall notify the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of the proposed terms of such agreement or arrangement.

(g) State Sponsors of Terrorism and International Terrorist Organizations.—The Secretary—

(1) may not enter into an agreement under subsection (f)(2) with—

(A) a foreign government that is a state sponsor of terrorism (as defined in section 3316(h)); or

(B) an entity designated by the Secretary of State as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); and

(2) shall—

(A) deem any port that is under the jurisdiction of a foreign government that is a state sponsor of terrorism as not having effective antiterrorism measures for purposes of this section and section 70109; and

(B) immediately apply the sanctions described in section 70110(a) to such port.

(Added Pub. L. 107–295, title I, §102(a), Nov. 25, 2002, 116 Stat. 2079; amended Pub. L. 109–347, title II, §234, Oct. 13, 2006, 120 Stat. 1918; Pub. L. 111–281, title VIII, §806(a)(1), (c)(2)(B), Oct. 15, 2010, 124 Stat. 2992, 2993; Pub. L. 114–120, title III, §317, Feb. 8, 2016, 130 Stat. 62; Pub. L. 118–31, div. E, title LVI, §5603, Dec. 22, 2023, 137 Stat. 959.)

Editorial Notes

Amendments

2023—Subsec. (f)(1). Pub. L. 118–31, §5603(1)(A), substituted "if—" and subpars. (A) and (B) for "provided that the Secretary certifies that the foreign government or international organization has—

"(A) conducted the assessment in accordance with subsection (b); and

"(B) provided the Secretary with sufficient information pertaining to its assessment (including, but not limited to, information on the outcome of the assessment)."

Subsec. (f)(3). Pub. L. 118–31, §5603(1)(B), amended par. (3) generally. Prior to amendment, text read as follows: "Nothing in this subsection shall be construed to—

"(A) require the Secretary to recognize an assessment that a foreign government or an international organization has conducted; or

"(B) limit the discretion or ability of the Secretary to conduct an assessment under this section."

Subsec. (g). Pub. L. 118–31, §5603(2), added subsec. (g).

2016—Subsec. (f). Pub. L. 114–120 added subsec. (f).

2010—Subsec. (c)(2) to (4). Pub. L. 111–281, §806(c)(2)(B), redesignated pars. (3) and (4) as (2) and (3), respectively, and struck out former par. (2) which read as follows: "the Secretary of the Treasury;".

Subsec. (e). Pub. L. 111–281, §806(a)(1), added subsec. (e).

2006—Subsec. (d). Pub. L. 109–347 added subsec. (d).
46 U.S.C. § 14512 (2024) — Title 46: SHIPPING / Chapter 145 / Subchapter II / Section 14512: Standard tonnage measurement
Standard tonnage measurement
Status: in_force

(a) The Secretary shall prescribe regulations for measuring the gross and net tonnages of a vessel under this subchapter. The regulations shall provide for tonnages comparable to the tonnages that could have been assigned under sections 4151 and 4153 of the Revised Statutes of the United States, as sections 4151 and 4153 existed immediately before the enactment of this section.

(b) On application of the owner or master of a vessel of the United States used in foreign trade, the Secretary may attach an appendix to the vessel's register stating the measurement of spaces that may be deducted from gross tonnage under laws and regulations of other countries but not under those of the United States.

(Pub. L. 99–509, title V, §5101(3), Oct. 21, 1986, 100 Stat. 1924.)

Historical and Revision Notes

Revised section 14512

Source: Section (U.S. Code) 46 App. U.S.C. 75, 77.

Section 14512(a) requires the Secretary to prescribe regulations for regulatory measurement systems. It further provides that the regulations must allow for the determination of tonnages similar to those that could have been found under the existing law (46 App. U.S.C. 75 & 77).

Section 14512(b) authorizes the Secretary to attach an appendix to a vessel's register stating the measurement of spaces that may be deducted from the gross tonnage under laws and regulations of other countries but not under the laws of the United States.

Editorial Notes

References in Text

Sections 4151 and 4153 of the Revised Statutes, referred to in subsec. (a), were classified to sections 75 and 77, respectively, of the former Appendix to this title and were repealed by Pub. L. 99–509, title V, §5104(b), Oct. 21, 1986, 100 Stat. 1928.
46 U.S.C. § 2303 (2024) — Title 46: SHIPPING / Chapter 23 / Section 2303: Duties related to marine casualty assistance and information
Duties related to marine casualty assistance and information
Status: in_force

(a) The master or individual in charge of a vessel involved in a marine casualty shall—

(1) render necessary assistance to each individual affected to save that affected individual from danger caused by the marine casualty, so far as the master or individual in charge can do so without serious danger to the master's or individual's vessel or to individuals on board; and

(2) give the master's or individual's name and address and identification of the vessel to the master or individual in charge of any other vessel involved in the casualty, to any individual injured, and to the owner of any property damaged.

(b) An individual violating this section or a regulation prescribed under this section shall be fined not more than $1,000 or imprisoned for not more than 2 years. The vessel also is liable in rem to the United States Government for the fine.

(c) An individual complying with subsection (a) of this section or gratuitously and in good faith rendering assistance at the scene of a marine casualty without objection by an individual assisted, is not liable for damages as a result of rendering assistance or for an act or omission in providing or arranging salvage, towage, medical treatment, or other assistance when the individual acts as an ordinary, reasonable, and prudent individual would have acted under the circumstances.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 509.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

2303(a) 
33:367
46:1465(a)

2303(b) 
33:368

2303(c) 
46:1465(b)

Section 2303 requires a master or anyone in charge of a vessel to provide assistance and render aid to those involved in a marine casualty and to exchange information in a manner similar to automobile accident cases. It also includes a "Good Samaritan" clause that exonerates anyone from liability when rendering assistance in an ordinary, reasonable, or prudent manner.
46 U.S.C. § 46103 (2024) — Title 46: SHIPPING / Chapter 461 / Section 46103: Meetings
Meetings
Status: in_force

(a) In General.—The Federal Maritime Commission shall be deemed to be an agency for purposes of section 552b of title 5.

(b) Record.—The Commission, through its secretary, shall keep a record of its meetings and the votes taken on any action, order, contract, or financial transaction of the Commission.

(c) Nonpublic Collaborative Discussions.—

(1) In general.—Notwithstanding section 552b of title 5, a majority of the Commissioners may hold a meeting that is not open to public observation to discuss official agency business if—

(A) no formal or informal vote or other official agency action is taken at the meeting;

(B) each individual present at the meeting is a Commissioner or an employee of the Commission;

(C) at least 1 Commissioner from each political party is present at the meeting, if applicable; and

(D) the General Counsel of the Commission is present at the meeting.

(2) Disclosure of nonpublic collaborative discussions.—Except as provided under paragraph (3), not later than 2 business days after the conclusion of a meeting under paragraph (1), the Commission shall make available to the public, in a place easily accessible to the public—

(A) a list of the individuals present at the meeting; and

(B) a summary of the matters discussed at the meeting, except for any matters the Commission properly determines may be withheld from the public under section 552b(c) of title 5.

(3) Exception.—If the Commission properly determines matters may be withheld from the public under section 552b(c) of title 5, the Commission shall provide a summary with as much general information as possible on those matters withheld from the public.

(4) Ongoing proceedings.—If a meeting under paragraph (1) directly relates to an ongoing proceeding before the Commission, the Commission shall make the disclosure under paragraph (2) on the date of the final Commission decision.

(5) Preservation of open meetings requirements for agency action.—Nothing in this subsection may be construed to limit the applicability of section 552b of title 5 with respect to a meeting of the Commissioners other than that described in this subsection.

(6) Statutory construction.—Nothing in this subsection may be construed—

(A) to limit the applicability of section 552b of title 5 with respect to any information which is proposed to be withheld from the public under paragraph (2)(B) of this subsection; or

(B) to authorize the Commission to withhold from any individual any record that is accessible to that individual under section 552a of title 5.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1489, §303; Pub. L. 115–282, title VII, §711(a), Dec. 4, 2018, 132 Stat. 4297; renumbered §46103 and amended Pub. L. 116–283, div. G, title LVXXXVI [LXXXVI], §8605(a)(3), (c), Jan. 1, 2021, 134 Stat. 4765.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

303
46 App.:1111(c) (related to records).
June 29, 1936, ch. 858, title II, §201(c) (related to records), 49 Stat. 1986.

The words "true" and "yea-and-nay" are omitted as unnecessary.

Editorial Notes

Amendments

2021—Pub. L. 116–283, §8605(a)(3), renumbered section 303 of this title as this section.

Subsec. (c)(3). Pub. L. 116–283, §8605(c), substituted "552b(c)" for "555b(c)".

2018—Pub. L. 115–282 amended section generally. Prior to amendment, text read as follows: "The Federal Maritime Commission, through its secretary, shall keep a record of its meetings and the votes taken on any action, order, contract, or financial transaction of the Commission."
46 U.S.C. § 51308 (2024) — Title 46: SHIPPING / Chapter 513 / Section 51308: Uniforms, textbooks, and transportation allowances
Uniforms, textbooks, and transportation allowances
Status: in_force

The Secretary of Transportation shall provide cadets at the United States Merchant Marine Academy—

(1) all required uniforms and textbooks; and

(2) allowances for transportation (including reimbursement of traveling expenses) when traveling under orders as a cadet.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1574.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

51308
46 App.:1295b(d).
June 29, 1936, ch. 858, title XIII, §1303(d), as added Pub. L. 96–453, §2, Oct. 15, 1980, 94 Stat. 2000.
46 U.S.C. § 55113 (2024) — Title 46: SHIPPING / Chapter 551 / Section 55113: Use of foreign documented oil spill response vessels
Use of foreign documented oil spill response vessels
Status: in_force

Notwithstanding any other provision of law, an oil spill response vessel documented under the laws of a foreign country may operate in waters of the United States on an emergency and temporary basis, for the purpose of recovering, transporting, and unloading in a United States port oil discharged as a result of an oil spill in or near those waters, if—

(1) an adequate number and type of oil spill response vessels documented under the laws of the United States cannot be engaged to recover oil from an oil spill in or near those waters in a timely manner, as determined by the Federal On-Scene Coordinator for a discharge or threat of a discharge of oil; and

(2) the foreign country has by its laws accorded to vessels of the United States the same privileges accorded to vessels of the foreign country under this section.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1638.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

55113
46:12101 note.
Pub. L. 104–324, title XI, §1117, Oct. 19, 1996, 110 Stat. 3973.
46 U.S.C. § 3504 (2024) — Title 46: SHIPPING / Chapter 35 / Section 3504: Notification to passengers
Notification to passengers
Status: in_force

(a) A person selling passage on a foreign or domestic passenger vessel having berth or stateroom accommodations for at least 50 passengers and embarking passengers at United States ports for a coastwise or an international voyage shall notify each prospective passenger of the safety standards applicable to the vessel in a manner prescribed by regulation.

(b) All promotional literature or advertising through any medium of communication in the United States offering passage or soliciting passengers for ocean voyages anywhere in the world shall include information similar to the information described in subsection (a) of this section, and shall specify the registry of each vessel named, as a part of the advertisement or description of the voyage. Except for the inclusion of the country of registry of the vessel, this subsection does not apply to voyages by vessels meeting the safety standards described in section 3505 of this title.

(c) A person violating this section or a regulation prescribed under this section is liable to the United States Government for a civil penalty of not more than $10,000. If the violation involves the sale of tickets for passage, the owner, charterer, managing operator, agent, master, individual in charge, or any other person involved in each violation also is liable to the Government for a civil penalty of $500 for each ticket sold. The vessel on which passage is sold also is liable in rem for a violation of this section or a regulation prescribed under this section.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 519.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

3504 
46:362(b)

Section 3504 requires notification to the public of the safety standards that are applicable to certain foreign flag or United States passenger vessels. In addition, all promotional literature or advertising that offers passage or solicits passengers for ocean voyages anywhere in the world shall include a safety standard statement and shall specify the registry of the vessel. If the vessel meets the international standards to which the United States adheres, then the safety standard statement need not be included. In all other cases the type of safety standard statement that must be included is as prescribed by regulation. This section is intended to place the United States public on notice as to the degree of fire safety compliance of a foreign-flag passenger vessel that does not operate or depart from a port or place in the United States but does embark passengers from the United States at nearby foreign ports. Departures from foreign ports are undertaken because the foreign-flag passenger vessel cannot comply with the safety standards applicable to a United States flag passenger vessel.
46 U.S.C. § 46101 (2024) — Title 46: SHIPPING / Chapter 461 / Section 46101: General organization
General organization
Status: in_force

(a) Organization.—The Federal Maritime Commission is an independent establishment of the United States Government.

(b) Commissioners.—

(1) Composition.—The Commission is composed of 5 Commissioners, appointed by the President by and with the advice and consent of the Senate. Not more than 3 Commissioners may be appointed from the same political party.

(2) Terms.—The term of each Commissioner is 5 years. When the term of a Commissioner ends, the Commissioner may continue to serve until a successor is appointed and qualified, but for a period not to exceed 2 years. Except as provided in paragraph (3), no individual may serve more than 3 terms.

(3) Vacancies.—A vacancy shall be filled in the same manner as the original appointment. An individual appointed to fill a vacancy is appointed only for the unexpired term to which such individual is appointed. An individual appointed to fill a vacancy may serve 3 terms in addition to the remainder of the term for which such individual was appointed.

(4) Conflicts of interest.—

(A) Limitation on relationships with regulated entities.—A Commissioner may not have a pecuniary interest in, hold an official relation to, or own stocks or bonds of any entity the Commission regulates under chapter 401 of this title.

(B) Limitation on other activities.—A Commissioner may not engage in another business, vocation, or employment.

(5) Removal.—The President may remove a Commissioner for inefficiency, neglect of duty, or malfeasance in office.

(c) Chairman.—

(1) Designation.—The President shall designate one of the Commissioners as Chairman.

(2) General authority.—The Chairman is the chief executive and administrative officer of the Commission. In carrying out the duties and powers of the Commission (other than under paragraph (3)), the Chairman is subject to the policies, regulatory decisions, findings, and determinations of the Commission.

(3) Particular duties.—

(A) In general.—The Chairman shall—

(i) appoint and supervise officers and employees of the Commission;

(ii) appoint the heads of major organizational units (with such appointments subject to the approval of the Commission);

(iii) distribute the business of the Commission among personnel and organizational units;

(iv) supervise the expenditure of money for administrative purposes;

(v) assign Commission personnel, including Commissioners, to perform duties and powers delegated by the Commission under section 46104 of this title; and

(vi) prepare and submit to the President and the Congress requests for appropriations for the Commission (with such requests subject to the approval of the Commission).

(B) Nonapplication.—Subparagraph (A) (other than clause (v)) does not apply to personnel employed regularly and full-time in the offices of Commissioners other than the Chairman.

(4) Delegation.—The Chairman may designate officers and employees under the Chairman's jurisdiction to perform duties and powers of the Chairman, subject to the Chairman's supervision and direction.

(d) Seal.—The Commission shall have a seal which shall be judicially recognized.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1488, §301; Pub. L. 113–281, title IV, §403(a), Dec. 18, 2014, 128 Stat. 3056; Pub. L. 114–120, title IV, §402, Feb. 8, 2016, 130 Stat. 67; renumbered §46101 and amended Pub. L. 116–283, div. G, title LVXXXVI [LXXXVI], §8605(a)(3), (b)(1), Jan. 1, 2021, 134 Stat. 4765; Pub. L. 117–263, div. K, title CXVIII, §11801(a), Dec. 23, 2022, 136 Stat. 4163.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

301(a)
46 App.:1111 note.
Reorg. Plan No. 7 of 1961, eff. Aug. 12, 1961, §101, 75 Stat. 840.

301(b)
46 App.:1111 note.
Reorg. Plan No. 7 of 1961, eff. Aug. 12, 1961, §102(a), (c), 75 Stat. 840; Pub. L. 88–426, title III, §305(19)(A), Aug. 14, 1964, 78 Stat. 425.

 
46 App.:1111 note.
Pub. L. 89–56, June 30, 1965, 79 Stat. 195.

301(c)
46 App.:1111 note.
Reorg. Plan No. 6 of 1949, eff. Aug. 20, 1949, 63 Stat. 1069.

 
46 App.:1111 note.
Reorg. Plan No. 7 of 1961, eff. Aug. 12, 1961, §§102(b), 104, 105(d), 75 Stat. 840, 841.

301(d)
46 App.:1111(c) (related to seal).
June 29, 1936, ch. 858, title II, §201(c) (related to seal), 49 Stat. 1986.

In subsection (a), the words "is an independent establishment" are substituted for "shall not be a part of any executive department or under the authority of the head of any executive department" for consistency with other titles of the United States Code and to eliminate unnecessary words.

In subsection (b)(2), the words "The term of each Commissioner is 5 years, with each term beginning one year apart" are substituted for the language about terms in section 102(c) of Reorganization Plan No. 7 of 1961 (46 App. U.S.C. 1111 note) and the Act of June 30, 1965 (Pub. L. 89–56, 79 Stat. 195), for clarity and to eliminate executed and obsolete language.

In subsection (c), section 104 of Reorganization Plan No. 7 of 1961 is omitted as executed.

Subsection (c)(1) is based on section 102(b) of Reorganization Plan No. 7 of 1961. The words "from time to time" are omitted as unnecessary.

Subsection (c)(2) is based on section 1 of Reorganization Plan No. 6 of 1949.

Subsection (c)(3) is based on section 2 of Reorganization Plan No. 6 of 1949 and section 105(d) of Reorganization Plan No. 7 of 1961.

Subsection (c)(4) is based on section 3 of Reorganization Plan No. 6 of 1949.

Editorial Notes

Amendments

2022—Subsec. (b)(2). Pub. L. 117–263, §11801(a)(1), substituted "2 years" for "one year" and "3 terms" for "2 terms".

Subsec. (b)(3). Pub. L. 117–263, §11801(a)(2), substituted "to which such individual is appointed" for "of the individual being succeeded", "3 terms" for "2 terms", and "such" for "the predecessor of that".

2021—Pub. L. 116–283, §8605(a)(3), renumbered section 301 of this title as this section.

Subsec. (c)(3)(A)(v). Pub. L. 116–283, §8605(b)(1), substituted "46104" for "304".

2016—Subsec. (c)(3)(A)(ii). Pub. L. 114–120, §402(1), substituted "units (with such appointments subject to the approval of the Commission);" for "units, but only after consultation with the other Commissioners;".

Subsec. (c)(3)(A)(vi). Pub. L. 114–120, §402(2)–(4), added cl. (vi).

2014—Subsec. (b)(2). Pub. L. 113–281, §403(a)(1), amended par. (2) generally. Prior to amendment, text read as follows: "The term of each Commissioner is 5 years, with each term beginning one year apart. An individual appointed to fill a vacancy is appointed only for the unexpired term of the individual being succeeded. A vacancy shall be filled in the same manner as the original appointment. When the term of a Commissioner ends, the Commissioner may continue to serve until a successor is appointed and qualified."

Subsec. (b)(3) to (5). Pub. L. 113–281, §403(a)(2), added pars. (3) and (4) and redesignated former par. (3) as (5).

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Pub. L. 117–263, div. K, title CXVIII, §11801(b), Dec. 23, 2022, 136 Stat. 4163, provided that: "The amendments made by this section [amending this section] shall not apply to Commissioners to whom section 403(b) of the Howard Coble Coast Guard and Maritime Transportation Act of 2014 (Public Law 113–281) [set out below] applies."

Effective Date of 2014 Amendment

Pub. L. 113–281, title IV, §403(b), Dec. 18, 2014, 128 Stat. 3056, provided that: "The amendment made by subsection (a)(1) [amending this section] does not apply with respect to a Commissioner of the Federal Maritime Commission appointed and confirmed by the Senate before the date of the enactment of this Act [Dec. 18, 2014]."
46 U.S.C. § 57302 (2024) — Title 46: SHIPPING / Chapter 573 / Section 57302: Authority to acquire vessels
Authority to acquire vessels
Status: in_force

To promote the construction of new, safe, and efficient vessels to carry the domestic and foreign waterborne commerce of the United States, the Secretary of Transportation may acquire an obsolete vessel in exchange for an allowance of credit toward the cost of construction or purchase of a new vessel as provided in this chapter.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1662.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

57302
46 App.:1160(b) (1st, last sentences).
June 29, 1936, ch. 858, title V, §510(b) (1st, last sentences), as added Aug. 4, 1939, ch. 417, §7, 53 Stat. 1184; Pub. L. 87–401, subdiv. (1), Oct. 5, 1961, 75 Stat. 833; Pub. L. 91–469, §35(a), Oct. 21, 1970, 84 Stat. 1035; Pub. L. 97–31, §12(91), Aug. 6, 1981, 95 Stat. 161.

The words "toward the cost of construction or purchase of a new vessel" are added for clarity. The text of 46 App. U.S.C. 1160(b) (last sentence) is omitted as obsolete.
46 U.S.C. § 53105 (2024) — Title 46: SHIPPING / Chapter 531 / Section 53105: Obligations and rights under operating agreements
Obligations and rights under operating agreements
Status: in_force

(a) Operation of Vessel.—An operating agreement under this chapter shall require that, during the period a vessel is operating under the agreement—

(1) the vessel—

(A) shall be operated exclusively in the foreign commerce or, except as provided in paragraph (2), in mixed foreign commerce and domestic trade allowed under a registry endorsement issued under section 12111 of this title; and

(B) shall not otherwise be operated in the coastwise trade;

(2) in the case of a vessel, other than a replacement vessel under subsection (f), first covered by an operating agreement after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2018, the vessel shall not be operated in the transportation of cargo between points in the United States and its territories either directly or via a foreign port; and

(3) the vessel shall be documented under chapter 121 of this title.

(b) Annual Payments by Secretary.—

(1) In general.—An operating agreement under this chapter shall require, subject to the availability of appropriations, that the Secretary make a payment each fiscal year to the contractor in accordance with section 53106.

(2) Operating agreement is obligation of united states government.—An operating agreement under this chapter constitutes a contractual obligation of the United States Government to pay the amounts provided for in the agreement to the extent of actual appropriations.

(c) Documentation Requirement.—Each vessel covered by an operating agreement (including an agreement terminated under section 53104(c)(2)) shall remain documented under chapter 121 of this title, until the date the operating agreement would terminate according to its terms.

(d) National Security Requirements.—

(1) In general.—A contractor with respect to an operating agreement (including an agreement terminated under section 53104(c)(2)) shall continue to be bound by the provisions of section 53107 until the date the operating agreement would terminate according to its terms.

(2) Emergency preparedness agreement.—All terms and conditions of an Emergency Preparedness Agreement entered into under section 53107 shall remain in effect until the date the operating agreement would terminate according to its terms, except that the terms of such Emergency Preparedness Agreement may be modified by the mutual consent of the contractor, the Secretary of Transportation, and the Secretary of Defense.

(e) Transfer of Operating Agreements.—A contractor under an operating agreement may transfer the agreement (including all rights and obligations under the operating agreement) to any person that is eligible to enter into the operating agreement under this chapter if the Secretary and the Secretary of Defense determine that the transfer is in the best interests of the United States. A transaction shall not be considered a transfer of an operating agreement if the same legal entity with the same vessels remains the contracting party under the operating agreement.

(f) Replacement Vessels.—A contractor may replace a vessel under an operating agreement with another vessel that is eligible to be included in the Fleet under section 53102(b), if the Secretary, in conjunction with the Secretary of Defense, approves the replacement of the vessel.

(Added Pub. L. 108–136, div. C, title XXXV, §3531(a), Nov. 24, 2003, 117 Stat. 1812; amended Pub. L. 109–304, §13(a)(4), Oct. 6, 2006, 120 Stat. 1701; Pub. L. 109–364, div. C, title XXXV, §3502(a), Oct. 17, 2006, 120 Stat. 2514; Pub. L. 110–181, div. C, title XXXV, §3526(f), Jan. 28, 2008, 122 Stat. 602; Pub. L. 112–239, div. C, title XXXV, §3508(e), Jan. 2, 2013, 126 Stat. 2225; Pub. L. 115–91, div. C, title XXXV, §3503(a), Dec. 12, 2017, 131 Stat. 1911.)

Editorial Notes

References in Text

The date of the enactment of the National Defense Authorization Act for Fiscal Year 2018, referred to in subsec. (a)(2), is the date of enactment of Pub. L. 115–91, which was approved Dec. 12, 2017.

Amendments

2017—Subsec. (a)(1)(A). Pub. L. 115–91, §3503(a)(1), inserted ", except as provided in paragraph (2)," after "in the foreign commerce or".

Subsec. (a)(2), (3). Pub. L. 115–91, §3503(a)(2)–(4), added par. (2) and redesignated former par. (2) as (3).

2013—Subsec. (e). Pub. L. 112–239, §3508(e)(1), amended subsec. (e) generally. Prior to amendment, subsec. (e) related to transfer of operating agreements, with limitation based on citizenship of recipient.

Subsec. (f). Pub. L. 112–239, §3508(e)(2), amended subsec. (f) generally. Prior to amendment, text read as follows: "A contractor may replace a vessel under an operating agreement with another vessel that is eligible to be included in the Fleet under section 53102(b), if the Secretary, in conjunction with the Secretary of Defense, approves replacement of the vessel."

2008—Subsec. (e)(2). Pub. L. 110–181 substituted "section 50501 of this title" for "section 2 of the Shipping Act, 1916 (46 U.S.C. App. 802),".

2006—Subsec. (a)(1)(A). Pub. L. 109–304, §13(a)(4)(A), substituted "section 12111" for "section 12105".

Subsec. (e). Pub. L. 109–364 designated existing provisions as par. (1), inserted heading and aligned margins in par. (1), and added par. (2).

Subsec. (f). Pub. L. 109–304, §13(a)(4)(B), substituted "approves" for "approve".
46 U.S.C. § 3315 (2024) — Title 46: SHIPPING / Chapter 33 / Section 3315: Disclosure of defects and protection of informants
Disclosure of defects and protection of informants
Status: in_force

(a) Each individual licensed under part E of this subtitle shall assist in the inspection or examination under this part of the vessel on which the individual is serving, and shall point out defects and imperfections known to the individual in matters subject to regulations and inspection. The individual also shall make known to officials designated to enforce this part, at the earliest opportunity, any marine casualty producing serious injury to the vessel, its equipment, or individuals on the vessel.

(b) An official may not disclose the name of an individual providing information under this section, or the source of the information, to a person except a person authorized by the Secretary. An official violating this subsection is liable to disciplinary action under applicable law.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 516.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

3315 
46:234

Section 3315 requires an individual holding a license issued by the Coast Guard to assist inspection authorities and to make defects and imperfections known to those authorities. Anyone licensed also has a duty to report any marine casualty producing serious injury to the vessel, its equipment, or individuals on board the vessel. These licensed individuals who have this statutorily imposed duty to disclose are also protected by prohibiting any government official from disclosing the identity or source of the information except as authorized by the Secretary.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 98–89, set out as a note under section 3101 of this title.

Anonymous Safety Alert System

Pub. L. 115–265, title II, §217, Oct. 11, 2018, 132 Stat. 3752, provided that:

"(a) Pilot Program.—Not later than 1 year after the date of enactment of this Act [Oct. 11, 2018], the Commandant [of the Coast Guard] shall establish an anonymous safety alert pilot program.

"(b) Requirements.—The pilot program established under subsection (a) shall provide an anonymous reporting mechanism to allow crew members to communicate urgent and dire safety concerns directly and in a timely manner with the Coast Guard."
46 U.S.C. § 56309 (2024) — Title 46: SHIPPING / Chapter 563 / Section 56309: Emergency foreign vessel acquisition; purchase or requisition of vessels lying idle in United States waters
Emergency foreign vessel acquisition; purchase or requisition of vessels lying idle in United States waters
Status: in_force

During any period in which vessels may be requisitioned under this chapter, the President is authorized and empowered through the Secretary of Transportation to purchase, or to requisition, or for any part of such period to charter or requisition the use of, or to take over the title to or possession of, for such use or disposition as he shall direct, any merchant vessel not owned by citizens of the United States which is lying idle in waters within the jurisdiction of the United States and which the President finds to be necessary to the national defense. Just compensation shall be determined and made to the owner or owners of any such vessel in accordance with the applicable provisions of this chapter. Such compensation hereunder, or advances on account thereof, shall be deposited with the Treasurer of the United States in a separate deposit fund. Payments for such compensation and also for payment of any valid claim upon such vessel in accord with the provisions of section 56305, shall be made from such fund upon the certificate of the Secretary of Transportation.

(Added and amended Pub. L. 115–91, div. C, title XXXV, §3504(a), Dec. 12, 2017, 131 Stat. 1911.)

Editorial Notes

Codification

Section, as added and amended by section 3504(a) of Pub. L. 115–91, is based on act Aug. 9, 1954, ch. 659, §1, 68 Stat. 675; Pub. L. 96–70, title III, §3302(c), Sept. 27, 1979, 93 Stat. 498; Pub. L. 97–31, §12(152), Aug. 6, 1981, 95 Stat. 167, which was formerly classified to section 196 of Title 50, War and National Defense, before being transferred to this chapter and renumbered as this section.

Amendments

2017—Pub. L. 115–91, §3504(a)(2), inserted section enumerator and catchline and, in text, substituted "this chapter" for "section 902 of the Merchant Marine Act, 1936, as amended" in two places and "section 56305" for "the second paragraph of subsection (d) of such section 902, as amended".

Pub. L. 115–91, §3504(a)(1), transferred section 1 of act Aug. 9, 1954, to this chapter and renumbered it as this section. See Codification note above.

Statutory Notes and Related Subsidiaries

References

Pub. L. 115–91, div. C, title XXXV, §3504(f), Dec. 12, 2017, 131 Stat. 1913, provided that: "Any reference in a law, regulation, document, paper, or other record of the United States to a section that is redesignated and transferred by this section [sections 1 to 3 of act Aug. 9, 1954, former 50 U.S.C. 196 to 198] is deemed to refer to such section as so redesignated and transferred [now 46 U.S.C. 56309 to 56311]."
46 U.S.C. § 80504 (2024) — Title 46: SHIPPING / Chapter 805 / Section 80504: Approval and examination
Approval and examination
Status: in_force

(a) Domicile and Principal Office in United States.—A container owner domiciled and having its principal office in the United States shall have the container—

(1) approved initially under procedures prescribed by the Secretary of the department in which the Coast Guard is operating or by the government of another country that is a party to the Convention; and

(2) examined periodically as provided in the Convention under procedures prescribed by the Secretary.

(b) Domicile or Principal Office in United States.—A container owner domiciled or having its principal office in the United States shall have the container—

(1) approved initially under procedures prescribed by the Secretary or by the government of another country that is a party to the Convention; and

(2) examined periodically as provided in the Convention, under procedures prescribed by the government of the country in which the owner is domiciled or has its principal office, as long as that country is a party to the Convention.

(c) Neither Domicile Nor Principal Office in United States.—A container owner neither domiciled nor having its principal office in the United States or another country that is a party to the Convention may submit a container for initial approval and periodic examination under procedures prescribed by the Secretary.

(Pub. L. 109–304, §11, Oct. 6, 2006, 120 Stat. 1695.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

80504.
46 App.:1502(a) (related to approval and examination).
Pub. L. 95–208, §3(a) (related to approval and examination), Dec. 13, 1977, 91 Stat. 1476.

In this section, the words "Beginning on the date the instrument of ratification is deposited by the United States in accordance with the provisions of article VII of the Convention, for new containers, and beginning on September 6, 1982, for existing containers" are omitted as obsolete.

In subsections (a)(1) and (b)(1), the words "government of another country that is a party to the Convention" are substituted for "administration of another contracting party to the Convention" for clarity.

In subsection (c), the word "initial" is added for consistency in the section.
46 U.S.C. § 31103 (2024) — Title 46: SHIPPING / Chapter 311 / Section 31103: Applicable procedure
Applicable procedure
Status: in_force

A civil action under this chapter is subject to the provisions of chapter 309 of this title except to the extent inconsistent with this chapter.

(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1521.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

31103
46 App.:782 (last sentence words before last comma).
Mar. 3, 1925, ch. 428, §2 (last sentence words before last comma), 43 Stat. 1112.
46 U.S.C. § 57506 (2024) — Title 46: SHIPPING / Chapter 575 / Subchapter I / Section 57506: Minimum selling price of vessels
Minimum selling price of vessels
Status: in_force

(a) In General.—A vessel constructed under this subtitle or the Merchant Marine Act, 1936, may not be sold by the Secretary of Transportation for less than the price specified in this section.

(b) Operation in Foreign Trade.—If the vessel is to be operated in foreign trade, the minimum price is the estimated foreign construction cost (exclusive of national defense features) determined as of the date the construction contract is executed, less depreciation under subsection (d).

(c) Operation in Domestic Trade.—If the vessel is to be operated in domestic trade, the minimum price is the cost of construction in the United States (exclusive of national defense features), less depreciation under subsection (d).

(d) Depreciation.—Depreciation under subsections (b) and (c) shall be based on—

(1) a 25-year life for dry-cargo and passenger vessels; and

(2) a 20-year life for tankers and other bulk liquid carrier vessels.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1665.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

57506
46 App.:1195 (last sentence).
June 29, 1936, ch. 858, title VII, §705 (last sentence), as added Aug. 4, 1939, ch. 417, §11(a), 53 Stat. 1185; Pub. L. 86–518, §1, June 12, 1960, 74 Stat. 216; Pub. L. 97–31, §12(107), Aug. 6, 1981, 95 Stat. 163.

 
46 App.:1125 note.
Pub. L. 86–518, §9, June 12, 1960, 74 Stat. 217.

Subsection (d) is substituted for "less depreciation based on a twenty-five year life" because of section 9 of Public Law 86–518 (June 12, 1960, 74 Stat. 217), which provided that "Nothing in any amendment made by this Act [including section 1 substituting 'twenty-five' for 'twenty' in 46 App. U.S.C. 1195] shall operate or be interpreted to change from twenty to twenty-five years the provisions of the Merchant Marine Act, 1936, as amended, relating to the commercial expectancy or period of depreciation of any tanker or other liquid bulk carrier."

Editorial Notes

References in Text

The Merchant Marine Act, 1936, referred to in subsec. (a), is act June 29, 1936, ch. 858, 49 Stat. 1985, which was classified principally to chapter 27 (§1101 et seq.) of the former Appendix to this title. The Act, with the exception of title V, most of title VI, and sections 301, 801, 802, 809(a), and 909 thereof, was repealed and restated, mainly in this subtitle, by Pub. L. 109–304, §§8, 19, Oct. 6, 2006, 120 Stat. 1555, 1710. Title V and sections 301 and 909 of the Act are set out as notes under section 53101 of this title. Those portions of title VI not repealed by Pub. L. 109–304 and sections 802 and 809(a) of the Act were repealed by Pub. L. 114–120, title III, §313(a), Feb. 8, 2016, 130 Stat. 58. Section 801 of the Act was transferred to section 57522 of this title by Pub. L. 114–120, title III, §313(c)(1)(A), Feb. 8, 2016, 130 Stat. 58. For complete classification of the Act to the Code, see Tables. For disposition of sections of the former Appendix to Title 46, see Disposition Table preceding section 101 of this title.
46 U.S.C. § 70034 (2024) — Title 46: SHIPPING / Chapter 700 / Subchapter IV / Section 70034: Regulations
Regulations
Status: in_force

(a) In General.—In accordance with section 553 of title 5, the Secretary shall issue, and may from time to time amend or repeal, regulations necessary to implement subchapters I through III and this subchapter.

(b) Consultation.—In the exercise of the regulatory authority under subchapters I through III and this subchapter, the Secretary shall consult with, and receive and consider the views of all interested persons, including—

(1) interested Federal departments and agencies;

(2) officials of State and local governments;

(3) representatives of the maritime community;

(4) representatives of port and harbor authorities or associations;

(5) representatives of environmental groups;

(6) any other interested persons who are knowledgeable or experienced in dealing with problems involving vessel safety, port and waterways safety, and protection of the marine environment; and

(7) advisory committees consisting of all interested segments of the public when the establishment of such committees is considered necessary because the issues involved are highly complex or controversial.

(Added Pub. L. 115–282, title IV, §401(a), Dec. 4, 2018, 132 Stat. 4261; amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8507(a)(7), Jan. 1, 2021, 134 Stat. 4753.)

Editorial Notes

Amendments

2021—Pub. L. 116–283 substituted "I through III" for "A through C" in subsecs. (a) and (b).

Statutory Notes and Related Subsidiaries

Safety of Special Activities

Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], §8343, Jan. 1, 2021, 134 Stat. 4710, provided that:

"(a) In General.—The Secretary of the department in which the Coast Guard is operating shall conduct a 2-year pilot program to establish and implement a process to—

"(1) establish safety zones to address special activities in the exclusive economic zone;

"(2) account for the number of safety zones established for special activities;

"(3) differentiate whether an applicant who requests a safety zone for such activities is—

"(A) an individual;

"(B) an organization; or

"(C) a government entity; and

"(4) account for Coast Guard resources utilized to enforce safety zones established for special activities, including—

"(A) the number of Coast Guard or Coast Guard Auxiliary vessels used; and

"(B) the number of Coast Guard or Coast Guard Auxiliary patrol hours required.

"(b) Briefing.—Not later than 180 days after the expiration of the 2-year pilot program, the Commandant [of the Coast Guard] shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate regarding—

"(1) the process required under subsection (a); and

"(2) whether the authority to establish safety zones to address special activities in the exclusive economic zone should be extended or made permanent in the interest of safety.

"(c) Definitions.—In this section:

"(1) Safety zone.—The term 'safety zone' has the meaning given such term in section 165.20 of title 33, Code of Federal Regulations.

"(2) Special activities.—The term 'special activities' includes—

"(A) space activities, including launch and reentry, as such terms are defined in section 50902 of title 51, United States Code, carried out by United States citizens; and

"(B) offshore energy development activities, as described in section 8(p)(1)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)(1)(C)), on or near a fixed platform.

"(3) United states citizen.—The term 'United States citizen' has the meaning given the term 'eligible owners' in section 12103 of title 46, United States Code.

"(4) Fixed platform.—The term 'fixed platform' means an artificial island, installation, or structure permanently attached to the sea-bed for the purpose of exploration or exploitation of resources or for other economic purposes."

Safety Zones for Permitted Marine Events

Pub. L. 114–120, title III, §305, Feb. 8, 2016, 130 Stat. 54, provided that: "Not later than 6 months after the date of the enactment of this Act [Feb. 8, 2016], the Secretary of the department in which the Coast Guard is operating shall establish and implement a process to—

"(1) account for the number of safety zones established for permitted marine events;

"(2) differentiate whether the event sponsor who requested a permit for such an event is—

"(A) an individual;

"(B) an organization; or

"(C) a government entity; and

"(3) account for Coast Guard resources utilized to enforce safety zones established for permitted marine events, including for—

"(A) the number of Coast Guard or Coast Guard Auxiliary vessels used; and

"(B) the number of Coast Guard or Coast Guard Auxiliary patrol hours required."
46 U.S.C. § 3308 (2024) — Title 46: SHIPPING / Chapter 33 / Section 3308: Examinations
Examinations
Status: in_force

In addition to inspections required by section 3307 of this title, the Secretary shall examine or have examined—

(1) each vessel subject to inspection at proper times to ensure compliance with law and regulations; and

(2) crewmember accommodations on each vessel subject to inspection at least once a month or when the vessel enters United States ports to ensure that the accommodations are—

(A) of the size required by law and regulations;

(B) properly ventilated and in a clean and sanitary condition; and

(C) equipped with proper plumbing and mechanical appliances required by law and regulations, and the appliances are in good working condition.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 514; Pub. L. 104–324, title VI, §603(c), Oct. 19, 1996, 110 Stat. 3930.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

3308 
46:435
46:660a

46:660b

Section 3308 requires the Secretary to carry out additional inspections as might be necessary to ensure compliance with applicable laws and regulations, and to ensure that accommodations are maintained in a sanitary condition and that all appliances are in good working order.

Editorial Notes

Amendments

1996—Pub. L. 104–324 inserted "or have examined" after "examine" in introductory provisions.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 98–89, set out as a note under section 3101 of this title.
46 U.S.C. § 108 (2024) — Title 46: SHIPPING / Chapter 1 / Section 108: Fisheries
Fisheries
Status: in_force

In this title, the term "fisheries" includes processing, storing, transporting (except in foreign commerce), planting, cultivating, catching, taking, or harvesting fish, shellfish, marine animals, pearls, shells, or marine vegetation in the navigable waters of the United States or in the exclusive economic zone.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1487.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

108
46:12101(a)(1).
46 U.S.C. § 70114 (2024) — Title 46: SHIPPING / Chapter 701 / Subchapter I / Section 70114: Automatic identification systems
Automatic identification systems
Status: in_force

(a) System Requirements.—(1) Subject to paragraph (2), the following vessels, while operating on the navigable waters of the United States, shall be equipped with and operate an automatic identification system under regulations prescribed by the Secretary:

(A) A self-propelled commercial vessel of at least 65 feet overall in length.

(B) A vessel carrying more than a number of passengers for hire determined by the Secretary.

(C) A towing vessel of more than 26 feet overall in length and 600 horsepower.

(D) Any other vessel for which the Secretary decides that an automatic identification system is necessary for the safe navigation of the vessel.

(2) The Secretary may—

(A) exempt a vessel from paragraph (1) if the Secretary finds that an automatic identification system is not necessary for the safe navigation of the vessel on the waters on which the vessel operates; and

(B) waive the application of paragraph (1) with respect to operation of vessels on navigable waters of the United States specified by the Secretary if the Secretary finds that automatic identification systems are not needed for safe navigation on those waters.

(b) Regulations.—The Secretary shall prescribe regulations implementing subsection (a), including requirements for the operation and maintenance of the automatic identification systems required under subsection (a).

(Added Pub. L. 107–295, title I, §102(a), Nov. 25, 2002, 116 Stat. 2082.)

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 107–295, title I, §102(e), Nov. 25, 2002, 116 Stat. 2084, provided that:

"(1) Schedule.—Section 70114 of title 46, United States Code, as enacted by this Act, shall apply as follows:

"(A) On and after January 1, 2003, to any vessel built after that date.

"(B) On and after July 1, 2003, to any vessel built before the date referred to in subparagraph (A) that is—

"(i) a passenger vessel required to carry a certificate under the International Convention for the Safety of Life at Sea, 1974 (SOLAS) [see 33 U.S.C. 1602 and notes thereunder];

"(ii) a tanker; or

"(iii) a towing vessel engaged in moving a tank vessel.

"(C) On and after December 31, 2004, to all other vessels built before the date referred to in subparagraph (A).

"(2) Definition.—The terms in this subsection have the same meaning as those terms have under section 2101 [now also 115] of title 46, United States Code."
46 U.S.C. § 53501 (2024) — Title 46: SHIPPING / Chapter 535 / Section 53501: Definitions
Definitions
Status: in_force

In this chapter:

(1) Agreement vessel.—The term "agreement vessel" means—

(A) an eligible vessel or a qualified vessel that is subject to an agreement under this chapter; and

(B) a barge or container that is part of the complement of a vessel described in subparagraph (A) if provided for in the agreement.

(2) Eligible vessel.—The term "eligible vessel" means—

(A) a vessel—

(i) constructed in the United States (and, if reconstructed, reconstructed in the United States), constructed outside the United States but documented under the laws of the United States on April 15, 1970, or constructed outside the United States for use in the United States foreign trade pursuant to a contract made before April 15, 1970;

(ii) documented under the laws of the United States; and

(iii) operated in the foreign or domestic trade of the United States or in the fisheries of the United States; and

(B) a commercial fishing vessel—

(i) constructed in the United States and, if reconstructed, reconstructed in the United States;

(ii) of at least 2 net tons but less than 5 net tons;

(iii) owned by a citizen of the United States;

(iv) having its home port in the United States; and

(v) operated in the commercial fisheries of the United States.

(3) Joint regulations.—The term "joint regulations" means regulations prescribed jointly by the Secretary and the Secretary of the Treasury under section 53502(b) of this title.

(4) Noncontiguous trade.—The term "noncontiguous trade" means—

(A) trade between—

(i) one of the contiguous 48 States; and

(ii) Alaska, Hawaii, Puerto Rico, or an insular territory or possession of the United States; and

(B) trade between—

(i) a place in Alaska, Hawaii, Puerto Rico, or an insular territory or possession of the United States; and

(ii) another place in Alaska, Hawaii, Puerto Rico, or an insular territory or possession of the United States.

(5) Qualified vessel.—The term "qualified vessel" means—

(A) a vessel—

(i) constructed in the United States (and, if reconstructed, reconstructed in the United States), constructed outside the United States but documented under the laws of the United States on April 15, 1970, or constructed outside the United States for use in the United States foreign trade pursuant to a contract made before April 15, 1970;

(ii) documented under the laws of the United States; and

(iii) agreed, between the Secretary and the person maintaining the capital construction fund established under section 53503 of this title, to be operated in the foreign or domestic trade of the United States or in the fisheries of the United States; and

(B) a commercial fishing vessel—

(i) constructed in the United States and, if reconstructed, reconstructed in the United States;

(ii) of at least 2 net tons but less than 5 net tons;

(iii) owned by a citizen of the United States;

(iv) having its home port in the United States; and

(v) operated in the commercial fisheries of the United States.

(6) Secretary.—The term "Secretary" means—

(A) the Secretary of Commerce with respect to an eligible vessel or a qualified vessel operated or to be operated in the fisheries of the United States; and

(B) the Secretary of Transportation with respect to other vessels.

(7) Short sea transportation trade.—The term "short sea transportation trade" means the carriage by vessel of cargo—

(A) that is—

(i) contained in intermodal cargo containers and loaded by crane on the vessel; or

(ii) loaded on the vessel by means of wheeled technology; and

(B) that 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 located in the Great Lakes Saint Lawrence Seaway System; or

(ii) loaded at a port in Canada located in the Great Lakes Saint Lawrence Seaway System and unloaded at a port in the United States.

(8) United states foreign trade.—The term "United States foreign trade" includes those areas in domestic trade in which a vessel built with a construction-differential subsidy is allowed to operate under the first sentence of section 506 of the Merchant Marine Act, 1936.

(9) Vessel.—The term "vessel" includes—

(A) cargo handling equipment that the Secretary determines is intended for use primarily on the vessel; and

(B) an ocean-going towing vessel, an ocean-going barge, or a comparable towing vessel or barge operated on the Great Lakes.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1591; Pub. L. 110–140, title XI, §1122(a), Dec. 19, 2007, 121 Stat. 1762; Pub. L. 115–232, div. C, title XXXV, §3546(q), Aug. 13, 2018, 132 Stat. 2327; Pub. L. 117–263, div. C, title XXXV, §3544, Dec. 23, 2022, 136 Stat. 3100.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

53501(1)
46 App.:1177(b)(3), (k)(3).
June 29, 1936, ch. 858, title VI, §607(b)(3), (k)(1)–(3), (5)–(9), 49 Stat. 2005; June 23, 1938, ch. 600, §§23–28, 52 Stat. 960; Aug. 4, 1939, ch. 417, §10, 53 Stat. 1185; July 17, 1952, ch. 939, §§17–19, 66 Stat. 764; Pub. L. 85–637, Aug. 14, 1958, 72 Stat. 592; Pub. L. 86–518, §1, June 12, 1960, 74 Stat. 216; Pub. L. 87–45, §6, May 27, 1961, 75 Stat. 91; Pub. L. 87–271, Sept. 21, 1961, 75 Stat. 570; restated Pub. L. 91–469, §21(a), Oct. 21, 1970, 84 Stat. 1027, 1031, 1032; Pub. L. 93–116, Oct. 1, 1973, 87 Stat. 421; Pub. L. 97–31, §12(97), Aug. 6, 1981, 95 Stat. 162; Pub. L. 115–232, div. C, title XXXV, §3546(q), Aug. 13, 2018, 132 Stat. 2327.

53501(2)
46 App.:1177(k)(1).

 
46 App.:1177–1.
Pub. L. 94–455, title VIII, §807, Oct. 4, 1976, 90 Stat. 1606.

53501(3)
46 App.:1177(k)(6).

53501(4)
46 App.:1177(k)(8).

53501(5)
46 App.:1177(k)(1) (last sentence), (2).

 
46 App.:1177–1.

53501(6)
46 App.:1177(k)(9).

53501(7)
46 App.:1177(k)(5).

53501(8)
46 App.:1177(k)(7).

The codification of the laws in this chapter is not intended to alter the existing jurisdictional relationship of the Secretaries who administer those laws.

In paragraph (2)(A)(iii), the word "trade" is substituted for "commerce" for consistency in the chapter.

Editorial Notes

References in Text

Section 506 of the Merchant Marine Act, 1936, referred to in par. (8), is section 506 of act June 29, 1936, ch. 858, 49 Stat. 1985, which is set out as a note under section 53101 of this title.

Amendments

2022—Par. (5)(A)(iii). Pub. L. 117–263 substituted "foreign or domestic trade of the United States" for "United States foreign, Great Lakes, noncontiguous domestic, or short sea transportation trade".

2018—Par. (5)(A)(iii). Pub. L. 115–232, §3546(q)(1), substituted "transportation trade or" for "transportation trade trade or".

Par. (7). Pub. L. 115–232, §3546(q)(3), struck out par. (7), as added by Pub. L. 109–304, §8(c), which read as follows: "The term 'United States foreign trade' includes those areas in domestic trade in which a vessel built with a construction-differential subsidy is allowed to operate under the first sentence of section 506 of the Merchant Marine Act, 1936."

Pars. (8), (9). Pub. L. 115–232, §3546(q)(2), (4), added par. (8) and redesignated former par. (8) as (9).

2007—Par. (5)(A)(iii). Pub. L. 110–140, §1122(a)(1), substituted "noncontiguous domestic, or short sea transportation trade" for "or noncontiguous domestic".

Par. (7). Pub. L. 110–140, §1122(a)(2), added par. (7) relating to short sea transportation trade.

Statutory Notes and Related Subsidiaries

Effective Date of 2007 Amendment

Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
46 U.S.C. § 2305 (2024) — Title 46: SHIPPING / Chapter 23 / Section 2305: Injunctions
Injunctions
Status: in_force

(a) The district courts of the United States have jurisdiction to enjoin the negligent operation of vessels prohibited by this chapter on the petition of the Attorney General for the United States Government.

(b) When practicable, the Secretary shall—

(1) give notice to any person against whom an action for injunctive relief is considered under this section an opportunity to present that person's views; and

(2) except for a knowing and willful violation, give the person a reasonable opportunity to achieve compliance.

(c) The failure to give notice and opportunity to present views under subsection (b) of this section does not preclude the court from granting appropriate relief.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 509.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

2305 
46:1485

Section 2305 provides injunctive authority to enjoin the negligent operation of vessels. This authority can also be used to enjoin the operation of foreign or domestic vessels on our waters when they are unsuitable for the voyage intended.
46 U.S.C. § 53503 (2024) — Title 46: SHIPPING / Chapter 535 / Section 53503: Establishing a capital construction fund
Establishing a capital construction fund
Status: in_force

(a) In General.—A citizen of the United States owning or leasing an eligible vessel may make an agreement with the Secretary under this chapter to establish a capital construction fund for the vessel.

(b) Allowable Purpose.—The purpose of the agreement shall be to provide replacement vessels, additional vessels, or reconstructed vessels, built in the United States and documented under the laws of the United States, for operation in the foreign or domestic trade of the United States or in the fisheries of the United States.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1593; Pub. L. 110–140, title XI, §1122(b), Dec. 19, 2007, 121 Stat. 1762; Pub. L. 117–263, div. C, title XXXV, §3545, Dec. 23, 2022, 136 Stat. 3100.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

53503(a)
46 App.:1177(a) (1st sentence).
June 29, 1936, ch. 858, title VI, §607(a) (1st sentence), (2d sentence related to purpose), 49 Stat. 2005; June 23, 1938, ch. 600, §§23–28, 52 Stat. 960; Aug. 4, 1939, ch. 417, §10, 53 Stat. 1185; July 17, 1952, ch. 939, §§17–19, 66 Stat. 764; Pub. L. 85–637, Aug. 14, 1958, 72 Stat. 216; Pub. L. 86–518, §1, June 12, 1960, 74 Stat. 216; Pub. L. 87–45, §6, May 27, 1961, 75 Stat. 91; Pub. L. 87–271, Sept. 21, 1961, 75 Stat. 570; restated Pub. L. 91–469, §21(a), Oct. 21, 1970, 84 Stat. 1026; Pub. L. 97–31, §12(97)(A), Aug. 6, 1981, 95 Stat. 162.

53503(b)
46 App.:1177(a) (2d sentence related to purpose).

Editorial Notes

Amendments

2022—Subsec. (b). Pub. L. 117–263 substituted "foreign or domestic trade of the United States" for "United States foreign, Great Lakes, noncontiguous domestic, or short sea transportation trade".

2007—Subsec. (b). Pub. L. 110–140 substituted "noncontiguous domestic, or short sea transportation trade" for "or noncontiguous domestic trade".

Statutory Notes and Related Subsidiaries

Effective Date of 2007 Amendment

Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
46 U.S.C. § 6301 (2024) — Title 46: SHIPPING / Chapter 63 / Section 6301: Investigation of marine casualties
Investigation of marine casualties
Status: in_force

The Secretary shall prescribe regulations for the immediate investigation of marine casualties under this part to decide, as closely as possible—

(1) the cause of the casualty, including the cause of any death;

(2) whether an act of misconduct, incompetence, negligence, unskillfulness, or willful violation of law committed by any individual licensed, certificated, or documented under part E of this subtitle has contributed to the cause of the casualty, or to a death involved in the casualty, so that appropriate remedial action under chapter 77 of this title may be taken;

(3) whether an act of misconduct, incompetence, negligence, unskillfulness, or willful violation of law committed by any person, including an officer, employee, or member of the Coast Guard, contributed to the cause of the casualty, or to a death involved in the casualty;

(4) whether there is evidence that an act subjecting the offender to a civil penalty under the laws of the United States has been committed, so that appropriate action may be undertaken to collect the penalty;

(5) whether there is evidence that a criminal act under the laws of the United States has been committed, so that the matter may be referred to appropriate authorities for prosecution; and

(6) whether there is need for new laws or regulations, or amendment or repeal of existing laws or regulations, to prevent the recurrence of the casualty.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 537.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

6301 
46:239

Section 6301 requires the Secretary to prescribe regulations for the immediate investigation of marine casualties in order to determine, as closely as possible, the cause of the casualty; whether the actions of individuals licensed, certificated, or documented have contributed to the cause of the casualty, whether the action of an individual in the Coast Guard contributed to the cause of the casualty, whether there is evidence that an act subjecting the offender to civil or criminal penalty has been committed, and whether there is a need for new laws or to amend or repeal existing laws or regulations in order to prevent a recurrence of the casualty.

Statutory Notes and Related Subsidiaries

Construction

Pub. L. 98–89, §2(h), Aug. 26, 1983, 97 Stat. 599, provided that: "Chapter 63 of title 46 (as enacted by section 1 of this Act) does not supersede section 304(a)(1)(E) of the Independent Safety Board Act of 1974 (49 App. U.S.C. 1903(a)(1)(E)) [see 49 U.S.C. 1131(a)(1)(E), (b)]."

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
46 U.S.C. § 41305 (2024) — Title 46: SHIPPING / Chapter 413 / Section 41305: Award of reparations
Award of reparations
Status: in_force

(a) Definition.—In this section, the term "actual injury" includes the loss of interest at commercial rates compounded from the date of injury.

(b) Basic Amount.—If the complaint was filed within the period specified in section 41301(a) of this title, the Federal Maritime Commission shall direct the payment of reparations to the complainant for actual injury caused by a violation of this part.

(c) Additional Amounts.—On a showing that the injury was caused by an activity prohibited by subsection (b) or (c) of section 41102, paragraph (3) or (6) of section 41104(a), or paragraph (1) or (3) of section 41105, the Commission may order the payment of additional amounts, but the total recovery of a complainant may not exceed twice the amount of the actual injury.

(d) Difference Between Rates.—If the injury was caused by an activity prohibited by subparagraph (A) or (B) of section 41104(a)(4), the amount of the injury shall be the difference between the rate paid by the injured shipper and the most favorable rate paid by another shipper.

(e) Attorney Fees.—In any action brought under section 41301, the prevailing party may be awarded reasonable attorney fees.

(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1546; Pub. L. 113–281, title IV, §402, Dec. 18, 2014, 128 Stat. 3056; Pub. L. 117–146, §§12, 15(c), June 16, 2022, 136 Stat. 1279; Pub. L. 118–159, div. C, title XXXV, §3535(g), Dec. 23, 2024, 138 Stat. 2315.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

41305
46 App.:1710(g) (less time limit).
Pub. L. 98–237, §11(g) (less time limit), Mar. 20, 1984, 98 Stat. 80; Pub. L. 98–595, §3(b)(2), Oct. 30, 1984, 98 Stat. 3132; Pub. L. 105–258, title I, §110, Oct. 14, 1998, 112 Stat. 1911.

In subsection (b), the words "within the period specified in section 41301(a) of this title" are substituted for "within 3 years after the cause of action accrued" because the time limit is restated in section 41301(a) instead of in this section. The words "upon petition of the complainant" are omitted as unnecessary. The words "after notice and hearing" are omitted as unnecessary because of section 41304(a) of the revised title.

Editorial Notes

Amendments

2024—Subsec. (c). Pub. L. 118–159 substituted "subsection" for "section subsection".

2022—Subsec. (c). Pub. L. 117–146, §15(c)(1), substituted "paragraph (3) or (6) of section 41104(a), or paragraph (1) or (3) of section 41105" for "41104(3) or (6), or 41105(1) or (3) of this title".

Pub. L. 117–146, §12, substituted "subsection (b) or (c) of section 41102" for "41102(b)".

Subsec. (d). Pub. L. 117–146, §15(c)(2), substituted "subparagraph (A) or (B) of section 41104(a)(4)" for "section 41104(4)(A) or (B) of this title".

2014—Subsec. (b). Pub. L. 113–281, §402(1), struck out ", plus reasonable attorney fees" before period at end.

Subsec. (e). Pub. L. 113–281, §402(2), added subsec. (e).
46 U.S.C. § 13108 (2024) — Title 46: SHIPPING / Chapter 131 / Section 13108: Computing amounts allocated to States and State records requirements
Computing amounts allocated to States and State records requirements
Status: in_force

(a) Amounts allocated and distributed under section 13104 of this title shall be computed and paid to the States as follows:

(1) During the second quarter of a fiscal year and on the basis of computations made under section 13106 of this title and submitted by the States for the preceding fiscal year, the Secretary shall determine the percentage of the amounts available to which each eligible State is entitled for the next fiscal year.

(2) Notice of the percentage and of the dollar amount, if it can be determined, for each State shall be provided to the States at the earliest practicable time.

(3) If the Secretary determines that an amount made available to a State for a prior fiscal year is greater or less than the amount that should have been made available to the State for the prior fiscal year, because of later or more accurate State expenditure information, the amount for the current fiscal year may be increased or decreased by the appropriate amount.

(b) The Secretary shall schedule the payment of amounts, consistent with the program purposes and applicable regulations prescribed by the Secretary of the Treasury, to minimize the time elapsing between the transfer of amounts from the Treasury and the subsequent disbursement of the amounts by a State.

(c) The Secretary shall notify a State authority or agency that further payments will be made to the State only when the program complies with the prescribed standards or a failure to comply substantially with standards is corrected if the Secretary, after reasonable notice to the designated State authority or agency, finds that—

(1) the State recreational boating safety program submitted by the State and accepted by the Secretary has been so changed that it no longer complies with this chapter or standards prescribed by regulations; or

(2) in carrying out the State recreational boating safety program, there has been a failure to comply substantially with the standards prescribed by regulations.

(d) The Secretary shall provide for the accounting, budgeting, and other fiscal procedures that are necessary and reasonable to carry out this section properly and efficiently. Records related to amounts allocated under this chapter shall be made available to the Secretary and the Comptroller General to conduct audits.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 596; Pub. L. 98–369, div. A, title X, §1011(f), July 18, 1984, 98 Stat. 1013; Pub. L. 101–595, title III, §312(d), Nov. 16, 1990, 104 Stat. 2987; Pub. L. 104–324, title VII, §746(a)(3), (4), Oct. 19, 1996, 110 Stat. 3943; Pub. L. 109–304, §16(c)(6), Oct. 6, 2006, 120 Stat. 1706.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

13108 
46:1480

Section 13108 sets forth the manner that the Secretary shall compute the amounts to be allocated to the States, State record requirements, and authority for the General Accounting Office to review the records when conducting audits.

Editorial Notes

Amendments

2006—Subsec. (a). Pub. L. 109–304 substituted "section 13104" for "section 13103" in introductory provisions and "section 13106" for "section 13105" in par. (1).

1996—Subsec. (a)(1). Pub. L. 104–324 substituted "preceding" for "proceeding" and "Secretary" for "Secertary".

1990—Subsec. (a)(1). Pub. L. 101–595 amended par. (1) generally. Prior to amendment, par. (1) read as follows: "During the last quarter of a fiscal year and on the basis of computations made under section 13105 of this title and submitted by the States, the Secretary shall determine the percentage of the amounts available for the next fiscal year to which each eligible State is entitled."

1984—Subsec. (c)(1), (2). Pub. L. 98–369 struck out "and facilities improvement" after "boating safety".

Statutory Notes and Related Subsidiaries

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–369 effective Oct. 1, 1984, to apply with respect to fiscal years beginning after Sept. 30, 1984, see section 1013 of Pub. L. 98–369, set out as a note under section 13101 of this title.
46 U.S.C. § 53111 (2024) — Title 46: SHIPPING / Chapter 531 / Section 53111: Authorization of appropriations
Authorization of appropriations
Status: in_force

There are authorized to be appropriated for payments under section 53106, to remain available until expended—

(1) $300,000,000 for each of fiscal years 2018, 2019, and 2020;

(2) $494,008,000 for fiscal year 2021;

(3) $318,000,000 for each of fiscal years 2022, 2023, and 2024;

(4) $390,000,000 for each of fiscal years 2025 and 2026;

(5) $400,500,000 for each of fiscal years 2027 and 2028;

(6) $411,300,000 for each of fiscal years 2029and 2030;

(7) $422,400,000 for each of fiscal years 2031 and 2032.

(8) $433,800,000 for each of fiscal years 2033 and 2034;

(9) $445,560,000 for each of fiscal years 2035 and 2036;

(10) $457,560,000 for each of fiscal years 2037 and 2038; and

(11) $469,920,000 for each of fiscal years 2039 and 2040.

(Added Pub. L. 108–136, div. C, title XXXV, §3531(a), Nov. 24, 2003, 117 Stat. 1817; amended Pub. L. 111–383, div. C, title XXXV, §3502(3), Jan. 7, 2011, 124 Stat. 4518; Pub. L. 112–239, div. C, title XXXV, §3508(i), Jan. 2, 2013, 126 Stat. 2225; Pub. L. 114–92, div. C, title XXXV, §3504(b), Nov. 25, 2015, 129 Stat. 1219; Pub. L. 114–113, div. O, title I, §101(e)(2), Dec. 18, 2015, 129 Stat. 2988; Pub. L. 115–232, div. C, title XXXV, §3546(p), Aug. 13, 2018, 132 Stat. 2327; Pub. L. 116–92, div. C, title XXXV, §3502(d), Dec. 20, 2019, 133 Stat. 1969; Pub. L. 116–283, div. C, title XXXV, §3501(c)(1), Jan. 1, 2021, 134 Stat. 4397; Pub. L. 118–159, div. C, title XXXV, §3502(d), Dec. 23, 2024, 138 Stat. 2305.)

Editorial Notes

Amendments

2024—Par. (3). Pub. L. 118–159, §3502(d)(1), substituted "and 2024" for "2024, and 2025".

Par. (4). Pub. L. 118–159, §3502(d)(3), added par. (4). Former par. (4) redesignated (5).

Par. (5). Pub. L. 118–159, §3502(d)(4), substituted "$400,500,000" for "$348,000,000" and "2027" for "2026, 2027,".

Pub. L. 118–159, §3502(d)(2), redesignated par. (4) as (5). Former par. (5) redesignated (6).

Par. (6). Pub. L. 118–159, §3502(d)(5), substituted "$411,300,000" for "$378,000,000" and "and 2030;" for ", 2030, and 2031; and".

Pub. L. 118–159, §3502(d)(2), redesignated par. (5) as (6). Former par. (6) redesignated (7).

Par. (7). Pub. L. 118–159, §3502(d)(6), substituted "$422,400,000" for "$408,000,000" and "2031 and 2032" for "2032, 2033, 2034, and 2035".

Pub. L. 118–159, §3502(d)(2), redesignated par. (6) as (7).

Pars. (8) to (11). Pub. L. 118–159, §3502(d)(7), added pars. (8) to (11).

2021—Par. (2). Pub. L. 116–283 substituted "$494,008,000" for "$314,007,780".

2019—Pars. (3) to (6). Pub. L. 116–92 substituted "$318,000,000 for each of fiscal years 2022, 2023, 2024, and 2025;" for "$222,000,000 for each fiscal year thereafter through fiscal year 2025." in par. (3) and added pars. (4) to (6).

2018—Pub. L. 115–232 redesignated pars. (5) to (7) as (1) to (3), respectively, and struck out former pars. (1) to (4) which set out authorized amounts for fiscal years 2006 to 2017.

2015—Par. (3). Pub. L. 114–113, §101(e)(2)(A), substituted "and 2015" for "2015, 2017, and 2018;".

Pub. L. 114–92 struck out "2016," after "2015,".

Pars. (4) to (7). Pub. L. 114–113, §101(e)(2)(B), (C), added pars. (4) to (6), redesignated former par. (5) as (7), and struck out former par. (4) which read as follows: "$210,000,000 for each of fiscal years 2019, 2020, and 2021; and".

2013—Par. (2). Pub. L. 112–239, §3508(i)(1), struck out "and" at end.

Pars. (3) to (5). Pub. L. 112–239, §3508(i)(2), which directed amendment of par. (3) "to read as follows" and then set out pars. (3) to (5), was executed by amending par. (3) generally and adding pars. (4) and (5) to reflect the probable intent of Congress. Prior to amendment, par. (3) read as follows: "$186,000,000 for each fiscal year thereafter through fiscal year 2025."

2011—Par. (3). Pub. L. 111–383 substituted "2025" for "2015".
46 U.S.C. § 70123 (2024) — Title 46: SHIPPING / Chapter 701 / Subchapter I / Section 70123: Mobile biometric identification
Mobile biometric identification
Status: in_force

(a) In General.—Within one year after the date of the enactment of the Coast Guard Authorization Act of 2010, the Secretary shall conduct, in the maritime environment, a program for the mobile biometric identification of suspected individuals, including terrorists, to enhance border security and for other purposes.

(b) Requirements.—The Secretary shall ensure the program required in this section is coordinated with other biometric identification programs within the Department of Homeland Security.

(c) Definition.—For the purposes of this section, the term "biometric identification" means use of fingerprint and digital photography images and facial and iris scan technology and any other technology considered applicable by the Department of Homeland Security.

(Added Pub. L. 111–281, title VIII, §807(a), Oct. 15, 2010, 124 Stat. 2993.)

Editorial Notes

References in Text

The date of the enactment of the Coast Guard Authorization Act of 2010, referred to in subsec. (a), is the date of enactment of Pub. L. 111–281, which was approved Oct. 15, 2010.
46 U.S.C. § 60309 (2024) — Title 46: SHIPPING / Chapter 603 / Section 60309: Passenger vessels making trips between ports of the United States and foreign ports
Passenger vessels making trips between ports of the United States and foreign ports
Status: in_force

A passenger vessel making at least 3 trips per week between a port of the United States and a foreign port is exempt from tonnage taxes and light money.

(Pub. L. 109–304, §9(b), Oct. 6, 2006, 120 Stat. 1679.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

60309
46 App.:124.
R.S. §2792; May 28, 1908, ch. 212, §1, 35 Stat. 424.

The words "at least 3 trips per week" are substituted for "triweekly or oftener" for clarity. The words "and light money" are added for clarity and consistency. See 19 C.F.R. §4.21 (2003). The words "while such service triweekly or oftener is maintained" are omitted as unnecessary.
46 U.S.C. § 70021 (2024) — Title 46: SHIPPING / Chapter 700 / Subchapter III / Section 70021: Conditions for entry to ports in the United States
Conditions for entry to ports in the United States
Status: in_force

(a) In General.—No vessel that is subject to chapter 37 shall operate in the navigable waters of the United States or transfer cargo or residue in any port or place under the jurisdiction of the United States, if such vessel—

(1) has a history of accidents, pollution incidents, or serious repair problems that, as determined by the Secretary, creates reason to believe that such vessel may be unsafe or may create a threat to the marine environment;

(2) fails to comply with any applicable regulation issued under section 70034, chapter 37, or any other applicable law or treaty;

(3) discharges oil or hazardous material in violation of any law of the United States or in a manner or quantities inconsistent with any treaty to which the United States is a party;

(4) does not comply with any applicable vessel traffic service requirements;

(5) is manned by one or more officers who are licensed by a certificating State that the Secretary has determined, pursuant to section 9101 of title 46, does not have standards for licensing and certification of seafarers that are comparable to or more stringent than United States standards or international standards that are accepted by the United States;

(6) is not manned in compliance with manning levels as determined by the Secretary to be necessary to insure the safe navigation of the vessel; or

(7) while underway, does not have at least one licensed deck officer on the navigation bridge who is capable of clearly understanding English.

(b) Exceptions.—

(1) In general.—The Secretary may allow provisional entry of a vessel that is not in compliance with subsection (a), if the owner or operator of such vessel proves, to the satisfaction of the Secretary, that such vessel is not unsafe or a threat to the marine environment, and if such entry is necessary for the safety of the vessel or persons aboard.

(2) Provisions not applicable.—Paragraphs (1), (2), (3), and (4) of subsection (a) of this section shall not apply to a vessel allowed provisional entry under paragraph (1) if the owner or operator of such vessel proves, to the satisfaction of the Secretary, that such vessel is no longer unsafe or a threat to the marine environment, and is no longer in violation of any applicable law, treaty, regulation, or condition, as appropriate.

(Added Pub. L. 115–282, title IV, §401(a), Dec. 4, 2018, 132 Stat. 4260.)
46 U.S.C. § 70102 (2024) — Title 46: SHIPPING / Chapter 701 / Subchapter I / Section 70102: United States facility and vessel vulnerability assessments
United States facility and vessel vulnerability assessments
Status: in_force

(a) Initial Assessments.—The Secretary shall conduct an assessment of vessel types and United States facilities on or adjacent to the waters subject to the jurisdiction of the United States to identify those vessel types and United States facilities that pose a high risk of being involved in a transportation security incident.

(b) Facility and Vessel Assessments.—(1) Based on the information gathered under subsection (a) of this section, the Secretary shall conduct a detailed vulnerability assessment of the facilities and vessels that may be involved in a transportation security incident. The vulnerability assessment shall include the following:

(A) Identification and evaluation of critical assets and infrastructures.

(B) Identification of the threats to those assets and infrastructures.

(C) Identification of weaknesses in physical security, security against cybersecurity risks, passenger and cargo security, structural integrity, protection systems, procedural policies, communications systems, transportation infrastructure, utilities, contingency response, and other areas as determined by the Secretary.

(2) Upon completion of an assessment under this subsection for a facility or vessel, the Secretary shall provide the owner or operator with a copy of the vulnerability assessment for that facility or vessel.

(3) The Secretary shall update each vulnerability assessment conducted under this section at least every 5 years.

(4) In lieu of conducting a facility or vessel vulnerability assessment under paragraph (1), the Secretary may accept an alternative assessment conducted by or on behalf of the owner or operator of the facility or vessel if the Secretary determines that the alternative assessment includes the matters required under paragraph (1).

(c) Sharing of Assessment Integration of Plans and Equipment.—The owner or operator of a facility, consistent with any Federal security restrictions, shall—

(1) make a current copy of the vulnerability assessment conducted under subsection (b) available to the port authority with jurisdiction of the facility and appropriate State or local law enforcement agencies; and

(2) integrate, to the maximum extent practical, any security system for the facility with compatible systems operated or maintained by the appropriate State, law enforcement agencies, and the Coast Guard.

(Added Pub. L. 107–295, title I, §102(a), Nov. 25, 2002, 116 Stat. 2068; amended Pub. L. 108–458, title IV, §4072(b), Dec. 17, 2004, 118 Stat. 3730; Pub. L. 111–281, title VIII, §822, Oct. 15, 2010, 124 Stat. 3003; Pub. L. 115–254, div. J, §1805(d)(1), Oct. 5, 2018, 132 Stat. 3535.)

Editorial Notes

Amendments

2018—Subsec. (b)(1). Pub. L. 115–254, §1805(d)(1)(A), struck out "and by not later than December 31, 2004" after "subsection (a) of this section" in introductory provisions.

Subsec. (b)(1)(C). Pub. L. 115–254, §1805(d)(1)(B), inserted "security against cybersecurity risks," after "physical security,".

2010—Subsec. (c). Pub. L. 111–281 added subsec. (c).

2004—Subsec. (b)(1). Pub. L. 108–458 substituted "and by not later than December 31, 2004, the Secretary" for ", the Secretary" in introductory provisions.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Pub. L. 115–254, div. J, §1805(d)(3), Oct. 5, 2018, 132 Stat. 3535, provided that: "The amendments made by this subsection [amending this section and section 70103 of this title] shall apply to assessments or security plans, or updates to such assessments or plans, submitted after the date that the cybersecurity risk assessment model is developed under subsection (a) [46 U.S.C. 70112 note]."

Coordination with TSA on Maritime Facilities

Pub. L. 115–254, div. J, §1803, Oct. 5, 2018, 132 Stat. 3533, provided that: "The Secretary of Homeland Security shall—

"(1) provide the Administrator of the TSA [Transportation Security Administration] with updates to vulnerability assessments required under section 70102(b)(3) of title 46, United States Code, to avoid any duplication of effort between the Coast Guard and the TSA; and

"(2) identify any security gaps between authorities of operating entities within the Department of Homeland Security that a threat could exploit to cause a transportation security incident (as defined in section 70101 of title 46, United States Code)."

Definitions

Pub. L. 115–254, div. J, §1802, Oct. 5, 2018, 132 Stat. 3533, provided that: "In this division [see section 1801 of Pub. L. 115–254, set out as a Short Title of 2018 Amendment note under section 101 of this title]:

"(1) Appropriate committees of congress.—The term 'appropriate committees of Congress' means—

"(A) the Committee on Commerce, Science, and Transportation of the Senate;

"(B) the Committee on Homeland Security and Governmental Affairs of the Senate;

"(C) the Committee on Homeland Security of the House of Representatives; and

"(D) the Committee on Transportation and Infrastructure of the House of Representatives.

"(2) TSA.—The term 'TSA' means the Transportation Security Administration."
46 U.S.C. § 15105 (2024) — Title 46: SHIPPING / Chapter 151 / Section 15105: National Boating Safety Advisory Committee
National Boating Safety Advisory Committee
Status: in_force

(a) Establishment.—There is established a National Boating Safety Advisory Committee (in this section referred to as the "Committee").

(b) Function.—The Committee shall advise the Secretary on matters relating to national boating safety.

(c) Membership.—

(1) In general.—The Committee shall consist of 21 members appointed by the Secretary in accordance with this section and section 15109 of this chapter.

(2) Expertise.—Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.

(3) Representation.—Members of the Committee shall be appointed as follows:

(A) 7 members shall represent State officials responsible for State boating safety programs.

(B) 7 members shall represent recreational vessel and associated equipment manufacturers.

(C) 7 members shall represent the general public or national recreational boating organizations and, of the 7, at least 5 shall represent national recreational boating organizations.

(Added Pub. L. 115–282, title VI, §601(a), Dec. 4, 2018, 132 Stat. 4283.)
46 U.S.C. § 53725 (2024) — Title 46: SHIPPING / Chapter 537 / Subchapter II / Section 53725: Actions against obligor
Actions against obligor
Status: in_force

(a) In General.—For a default under a guaranteed obligation or related agreement, the Secretary or Administrator may take any action against the obligor or another liable party that the Secretary or Administrator considers necessary to protect the interests of the United States Government. A civil action may be brought in the name of the United States or the obligee. The obligee shall make available to the Government all records and evidence necessary to prosecute the action.

(b) Title, Possession, and Purchase.—

(1) In general.—The Secretary or Administrator may—

(A) accept a conveyance of title to and possession of property from the obligor or another party liable to the Secretary or Administrator; and

(B) purchase the property for an amount not greater than the unpaid principal amount of the obligation and interest thereon.

(2) Payment of excess.—If, through the sale of property, the Secretary or Administrator receives an amount of cash greater than the unpaid principal amount of the obligation, the unpaid interest on the obligation, and the expenses of collecting those amounts, the Secretary or Administrator shall pay the excess to the obligor.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1619; Pub. L. 109–163, div. C, title XXXV, §3507(a)(1)(F), Jan. 6, 2006, 119 Stat. 3555; Pub. L. 110–181, div. C, title XXXV, §3522(a)(10)(B), (b), Jan. 28, 2008, 122 Stat. 598.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

53725
46 App.:1275(e).
June 29, 1936, ch. 858, title XI, §1105(e), as added June 23, 1938, ch. 600, §46, 52 Stat. 971; Aug. 15, 1953, ch. 513, §3, 67 Stat. 626; Sept. 3, 1954, ch. 1265, §5, 68 Stat. 1272; Aug. 7, 1956, ch. 1026, §1(e)–(g), 70 Stat. 1087; Pub. L. 85–520, July 15, 1958, 72 Stat. 358; Pub. L. 91–469, §33, Oct. 21, 1970, 84 Stat. 1035; restated Pub. L. 92–507, §3, Oct. 19, 1972, 86 Stat. 915; Pub. L. 97–31, §12(136), Aug. 6, 1981, 95 Stat. 166; Pub. L. 98–595, §1(11), Oct. 30, 1984, 98 Stat. 3131.

In subsection (a), the words "may take any action" are substituted for "shall take such action . . . that, in his discretion, may be required" for clarity and to eliminate unnecessary words.

Editorial Notes

Amendments

2008—Pub. L. 110–181, §3522(b), repealed Pub. L. 109–163, §3507(a)(1)(F). See 2006 Amendment note below.

Pub. L. 110–181, §3522(a)(10)(B), incorporated the substance of the amendment by Pub. L. 109–163, §3507(a)(1)(F), into this section by inserting "or Administrator" after "Secretary" wherever appearing. See 2006 Amendment note below and section 18(a) of Pub. L. 109–304, set out as a Legislative Purpose and Construction note preceding section 101 of this title.

2006—Pub. L. 109–163, §3507(a)(1)(F), which directed the amendment of section 1275(e) of the former Appendix to this title from which this section was derived, was repealed by Pub. L. 110–181, §3522(b). See 2008 Amendment notes and Historical and Revision notes above.
46 U.S.C. § 70006 (2024) — Title 46: SHIPPING / Chapter 700 / Subchapter I / Section 70006: Establishment by Secretary of the department in which the Coast Guard is operating of anchorage grounds and regulations generally
Establishment by Secretary of the department in which the Coast Guard is operating of anchorage grounds and regulations generally
Status: in_force

(a) In General.—The Secretary of Homeland Security is authorized, empowered, and directed to define and establish anchorage grounds for vessels in all harbors, rivers, bays, and other navigable waters of the United States whenever it is manifest to the said Secretary that the maritime or commercial interests of the United States require such anchorage grounds for safe navigation and the establishment of such anchorage grounds shall have been recommended by the Chief of Engineers, and to adopt suitable rules and regulations in relation thereto; and such rules and regulations shall be enforced by the Coast Guard under the direction of the Secretary of Transportation: Provided, That at ports or places where there is no Coast Guard vessel available such rules and regulations may be enforced by the Chief of Engineers under the direction of the Secretary of Homeland Security. In the event of the violation of any such rules and regulations by the owner, master, or person in charge of any vessel, such owner, master, or person in charge of such vessel shall be liable to a penalty of up to $10,000. Each day during which a violation continues shall constitute a separate violation. The said vessel may be holden for the payment of such penalty, and may be seized and proceeded against summarily by libel for the recovery of the same in any United States district court for the district within which such vessel may be and in the name of the officer designated by the Secretary of Homeland Security.

(b) Definition.—As used in this section "navigable waters of the United States" includes all waters of the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988.

(Added Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8501(a)(6), Jan. 1, 2021, 134 Stat. 4745.)

Editorial Notes

References in Text

Presidential Proclamation No. 5928, referred to in subsec. (b), is set out under section 1331 of Title 43, Public Lands.

Codification

Section, as added and amended by Pub. L. 116–283, is based on section 7 of act Mar. 4, 1915, ch. 142, 38 Stat. 1053; act Aug. 4, 1949, ch. 393, §§1, 20, 63 Stat. 496, 561; Pub. L. 89–670, §6(b)(1), Oct. 15, 1966, 80 Stat. 938; Pub. L. 97–449, §2(d)(1), Jan. 12, 1983, 96 Stat. 2440; Pub. L. 109–241, title IX, §902(j), July 11, 2006, 120 Stat. 568; Pub. L. 111–281, title III, §301, Oct. 15, 2010, 124 Stat. 2923, which was formerly classified to section 471 of Title 33, Navigation and Navigable Waters, before being transferred to this title and renumbered as this section.

Section was originally from the Rivers and Harbors Appropriation Act of 1915.

Prior Provisions

Section probably supersedes acts May 16, 1888, ch. 257, §§1, 2, 25 Stat. 151, relative to anchorage grounds in port of New York, Mar. 3, 1899, ch. 424, §1, 30 Stat. 1074, extending anchorage regulations for port of New York, Feb. 6, 1893, ch. 64, §§1, 2, 27 Stat. 431, relative to anchorage grounds in port of Chicago, and June 6, 1900, ch. 819, §§1, 2, 31 Stat. 682, relative to anchorage grounds in Kennebec River.

Amendments

2021—Pub. L. 116–283, §8501(a)(6), transferred section 7 of act Mar. 4, 1915, ch. 142, to this title and renumbered it as this section, substituted "Establishment by Secretary of the department in which the Coast Guard is operating of anchorage grounds and regulations generally" for "Establishment by Secretary of Homeland Security of anchorage grounds and regulations generally" in section catchline, and realigned margins. See Codification note above.

Statutory Notes and Related Subsidiaries

Transfer of Functions

"Coast Guard" and "Coast Guard vessel" substituted in text for "Revenue Cutter Service" and "revenue cutter", respectively, the Revenue Cutter Service and Life-Saving Service having been combined to form the Coast Guard by act Jan. 28, 1915, ch. 20, §1, 38 Stat. 800. That act was repealed by act Aug. 4, 1949, ch. 393, §20, 63 Stat. 561, section 1 of which reestablished the Coast Guard by enacting Title 14, Coast Guard.

"Secretary of Transportation" substituted for "Secretary of the Treasury" in provision covering enforcement of rules and regulations by Coast Guard pursuant to section 6(b)(1) of Pub. L. 89–670, which transferred to Secretary of Transportation functions, powers, and duties of Secretary of the Treasury and of other offices and officers of Department of the Treasury relating to Coast Guard. Section 6(b)(2) of Pub. L. 89–670, however, provided that notwithstanding such transfer of functions, the Coast Guard shall operate as part of the Navy in time of war or when President directs as provided in former section 3 (now 103) of Title 14, Coast Guard. See section 108 of Title 49, Transportation. For subsequent transfers relating to the Secretary of Transportation and the Coast Guard, see below.

Section 6(g)(1)(A) of Pub. L. 89–670, transferred functions, powers, and duties of Secretary of the Army [formerly War] and other officers and offices of Department of the Army [formerly War] relating generally to water vessel anchorages under this section to Secretary of Transportation. Pub. L. 97–449 amended this section to reflect the transfer made by section 6(g)(1)(A) of Pub. L. 89–670, and repealed section 6(g)(1)(A).

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
46 U.S.C. § 55302 (2024) — Title 46: SHIPPING / Chapter 553 / Subchapter I / Section 55302: Transportation of United States Government personnel
Transportation of United States Government personnel
Status: in_force

(a) In General.—An officer or employee of the United States Government traveling by sea on official business overseas or to or from a territory or possession of the United States shall travel and transport personal effects on a vessel documented under the laws of the United Sates if such a vessel is available, unless the necessity of the mission requires the use of a foreign vessel.

(b) Regulations.—The Administrator of General Services shall prescribe regulations under which agencies may not pay for or reimburse an officer or employee for travel or transportation expenses incurred on a foreign vessel in the absence of satisfactory proof of the necessity of using the vessel.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1642.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

55302
46 App.:1241(a).
June 29, 1936, ch. 858, title IX, §901(a), 49 Stat. 2015; Aug. 26, 1954, ch. 936, 68 Stat. 832; Pub. L. 104–316, title I, §125, Oct. 19, 1996, 110 Stat. 3839.

In subsection (a), the words "by sea" are added for clarity. The words "a territory or possession of the United States" are substituted for "any of the possessions of the United States" for consistency in the revised title.

Executive Documents

Exemptions

Functions authorized by Foreign Assistance Act of 1961 as exempt, see Ex. Ord. No. 11223, eff. May 12, 1965, 30 F.R. 6635, set out under section 2393 of Title 22, Foreign Relations and Intercourse.
46 U.S.C. § 40504 (2024) — Title 46: SHIPPING / Chapter 405 / Section 40504: Shipping exchange registry
Shipping exchange registry
Status: in_force

(a) In General.—No person may operate a shipping exchange involving ocean transportation in the foreign commerce of the United States unless the shipping exchange is registered as a national shipping exchange under the terms and conditions provided in this section and the regulations issued pursuant to this section.

(b) Registration.—A person shall register a shipping exchange by filing with the Federal Maritime Commission an application for registration in such form as the Commission, by rule, may prescribe, containing the rules of the exchange and such other information and documents as the Commission, by rule, may prescribe as necessary or appropriate to complete a shipping exchange's registration.

(c) Exemption.—The Commission may exempt, conditionally or unconditionally, a shipping exchange from registration under this section if the Commission finds that the shipping exchange is subject to comparable, comprehensive supervision and regulation by the appropriate governmental authorities in a foreign country where the shipping exchange is headquartered.

(d) Regulations.—Not later than 3 years after the date of enactment of the Ocean Shipping Reform Act of 2022, the Commission shall issue regulations pursuant to subsection (a), which shall set standards necessary to carry out subtitle IV of this title for registered national shipping exchanges. For consideration of a service contract entered into by a shipping exchange, the Commission shall be limited to the minimum essential terms for service contracts established under section 40502 of this title.

(e) Definition of Shipping Exchange.—In this section, the term "shipping exchange" means a platform (digital, over-the-counter, or otherwise) that connects shippers with common carriers for the purpose of entering into underlying agreements or contracts for the transport of cargo, by vessel or other modes of transportation.

(Added Pub. L. 117–146, §4(a), June 16, 2022, 136 Stat. 1272.)

Editorial Notes

References in Text

The date of enactment of the Ocean Shipping Reform Act of 2022, referred to in subsec. (d), is the date of enactment of Pub. L. 117–146, which was approved June 16, 2022.

Statutory Notes and Related Subsidiaries

Applicability of Registration Requirement

Pub. L. 117–146, §4(b), June 16, 2022, 136 Stat. 1273, provided that: "The registration requirement under section 40504 of title 46, United States Code (as added by subsection (a)), shall take effect on the date on which the Federal Maritime Commission states the rule is effective in the regulations issued under such section."
46 U.S.C. § 11102 (2024) — Title 46: SHIPPING / Chapter 111 / Section 11102: Medicine chests
Medicine chests
Status: in_force

(a) A vessel of the United States on a voyage from a port in the United States to a foreign port (except to a Canadian port), and a vessel of the United States of at least 75 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title on a voyage between a port of the United States on the Atlantic Ocean and Pacific Ocean, shall be provided with a medicine chest.

(b) The owner and master of a vessel not equipped as required by subsection (a) of this section or a regulation prescribed under subsection (a) are liable to the United States Government for a civil penalty of $500. If the offense was due to the fault of the owner, a master penalized under this section has the right to recover the penalty and costs from the owner.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 578; Pub. L. 104–324, title VII, §741, Oct. 19, 1996, 110 Stat. 3942.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

11102(a) 
46:666

11102(b) 
46:667

Section 11102 requires that a United States vessel on a foreign or intercoastal domestic voyage be equipped with a medicine chest, and provides a penalty for noncompliance. The Committee intends that regulation will provide for a well stocked medicine chest adequate for the crew of a vessel.

Editorial Notes

Amendments

1996—Subsec. (a). Pub. L. 104–324 inserted "as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title" after "75 gross tons".
46 U.S.C. § 80507 (2024) — Title 46: SHIPPING / Chapter 805 / Section 80507: Employee protection
Employee protection
Status: in_force

(a) Prohibition.—A person may not discharge or discriminate against an employee because the employee has reported the existence of an unsafe container or a violation of this chapter or a regulation prescribed under this chapter.

(b) Complaints.—An employee alleging to have been discharged or discriminated against in violation of subsection (a) may file a complaint with the Secretary of Labor. The complaint must be filed within 60 days after the violation.

(c) Enforcement.—The Secretary of Labor may investigate the complaint. If the Secretary of Labor finds there has been a violation, the Secretary of Labor may bring a civil action in an appropriate district court of the United States. The court has jurisdiction to restrain violations of subsection (a) and order appropriate relief, including reinstatement of the employee to the employee's former position with back pay.

(d) Notice to Complainant.—Within 30 days after receiving a complaint under this section, the Secretary of Labor shall notify the complainant of the intended action on the complaint.

(Pub. L. 109–304, §11, Oct. 6, 2006, 120 Stat. 1697.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

80507
46 App.:1506.
Pub. L. 95–208, §7, Dec. 13, 1977, 91 Stat. 1479.

In subsection (a), the words "in any manner" and "to the Secretary or his agents" are omitted as unnecessary. The words "or a regulation prescribed under this chapter" are added for consistency.
46 U.S.C. § 42501 (2024) — Title 46: SHIPPING / Chapter 425 / Section 42501: Definitions
Definitions
Status: in_force

In this chapter:

(1) Commission.—The term "Commission" means the Federal Maritime Commission.

(2) Committee.—The term "Committee" means the National Shipper Advisory Committee established under section 42502.

(Added Pub. L. 116–283, div. G, title LVXXXVI [LXXXVI], §8604(a), Jan. 1, 2021, 134 Stat. 4762.)
46 U.S.C. § 80506 (2024) — Title 46: SHIPPING / Chapter 805 / Section 80506: Delegation of authority
Delegation of authority
Status: in_force

(a) In General.—The Secretary of the department in which the Coast Guard is operating may delegate to any person, including a public or private agency or nonprofit organization, authority to grant initial approval for containers and designs and to attach safety approval plates.

(b) Regulations.—Before making a delegation under this section, the Secretary shall prescribe regulations establishing—

(1) criteria to be followed in selecting a person to whom authority is to be delegated;

(2) a detailed description of the duties and powers to be carried out by the person to whom authority is delegated, including the records the person shall keep; and

(3) the review the Secretary will conduct to decide whether the person is carrying out the delegated duties and powers properly.

(c) Inspection of Records.—A person delegated authority under this section shall make available to the Secretary for inspection, on request, records the person is required to keep.

(d) Penalties and Orders.—A person delegated authority under this section may not—

(1) assess or collect, or attempt to assess or collect, a penalty for violation of the Convention, this chapter, or an order issued by the Secretary under this chapter; or

(2) issue or attempt to issue a detention or other order.

(e) Publication.—The Secretary shall publish in the Federal Register or other appropriate publication—

(1) the name and address of each person to whom authority is delegated;

(2) the duties and powers delegated; and

(3) the period of the delegation.

(f) Revocation.—The Secretary may revoke a delegation of authority under this section at any time.

(Pub. L. 109–304, §11, Oct. 6, 2006, 120 Stat. 1696.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

80506
46 App.:1503(c)(2), (d).
Pub. L. 95–208, §4(c)(2), (d), Dec. 13, 1977, 91 Stat. 1477.

Subsections (a) and (f) are substituted for 46 App. U.S.C. 1503(c)(2) and (d) (1st sentence) to improve the organization of the section.

In subsection (b)(1), the words "person to whom authority is to be delegated" are substituted for "person, public or private agency, or nonprofit organization as a recipient of delegated functions under such subsection" to eliminate unnecessary words.

Subsection (b)(2) is substituted for "the manner in which such recipient shall carry out such delegated functions, including the records such recipient must keep, and a detailed description of the exact functions such recipient may exercise" to eliminate unnecessary words.

Subsections (c)–(e) are substituted for 46 App. U.S.C. 1503(d) (last par.) to improve the organization of the section and to eliminate unnecessary words.
46 U.S.C. § 2103 (2024) — Title 46: SHIPPING / Chapter 21 / Section 2103: Superintendence of the merchant marine
Superintendence of the merchant marine
Status: in_force

The Secretary has general superintendence over the merchant marine of the United States and of merchant marine personnel insofar as the enforcement of this subtitle is concerned and insofar as those vessels and personnel are not subject, under other law, to the supervision of another official of the United States Government. In the interests of marine safety and seamen's welfare, the Secretary shall enforce this subtitle and shall carry out correctly and uniformly administer this subtitle. The Secretary may prescribe regulations to carry out the provisions of this subtitle.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 506; Pub. L. 99–307, §9, May 19, 1986, 100 Stat. 447.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

2103 
46:2
46:372

46:689

Section 2103 provides the Secretary with the authority to superintend the merchant marine and those involved personnel insofar as the vessels and personnel are not subject, under other laws, to the supervision of another official. The Secretary has the duty to enforce the laws with respect to vessels and seamen and to carry out correctly and uniformly these laws and regulations. The term "superintendence" is used to indicate the Secretary's broad responsibility for overseeing maritime safety and seamen's welfare, including employment, shipping, navigation, and protection of the marine environment.

Editorial Notes

Amendments

1986—Pub. L. 99–307 substituted "subtitle. The Secretary may prescribe regulations to carry out the provisions of this subtitle" for "subtitle and regulations prescribed under this subtitle".
46 U.S.C. § 54102 (2024) — Title 46: SHIPPING / Chapter 541 / Section 54102: Renumbered §51706
Renumbered §51706
Status: renumbered

[§54102. Renumbered §51706]
46 U.S.C. § 55334 (2024) — Title 46: SHIPPING / Chapter 553 / Subchapter III / Section 55334: Restrictions on operations
Restrictions on operations
Status: in_force

(a) Prohibitions.—Except as provided in subsection (b), an American Great Lakes vessel may not be used to—

(1) engage in trade—

(A) from a port in the United States that is not located on the Great Lakes; or

(B) between ports in the United States;

(2) transport bulk cargo (as defined in section 40102 of this title) that is subject to section 55305 or 55314 of this title or section 2631 of title 10; or

(3) provide a service (except ocean freight service) as—

(A) a contract carrier; or

(B) a common carrier on a fixed advertised schedule offering frequent sailings at regular intervals in the foreign trade of the United States.

(b) Off-Season Exception.—An American Great Lakes vessel may be used for not more than 90 days during any 12-month period to engage in trade prohibited by subsection (a)(1)(A), except during the Great Lakes shipping season.

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

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

55334
46 App.:1241s.
Pub. L. 101–624, title XV, §1523, Nov. 28, 1990, 104 Stat. 3666.
46 U.S.C. § 50401 (2024) — Title 46: SHIPPING / Chapter 504 / Section 50401: United States Committee on the Marine Transportation System
United States Committee on the Marine Transportation System
Status: in_force

(a) Establishment.—There is established a United States Committee on the Marine Transportation System (in this section referred to as the "Committee").

(b) Purpose.—The Committee shall serve as a Federal interagency coordinating committee for the purpose of—

(1) assessing the adequacy of the marine transportation system (including ports, waterways, channels, and their intermodal connections);

(2) promoting the integration of the marine transportation system with other modes of transportation and other uses of the marine environment; and

(3) coordinating, improving the coordination of, and making recommendations with regard to Federal policies that impact the marine transportation system.

(c) Membership.—

(1) In general.—The Committee shall consist of—

(A) the Secretary of Transportation;

(B) the Secretary of Defense;

(C) the Secretary of Homeland Security;

(D) the Secretary of Commerce;

(E) the Secretary of the Treasury;

(F) the Secretary of State;

(G) the Secretary of the Interior;

(H) the Secretary of Agriculture;

(I) the Attorney General;

(J) the Secretary of Labor;

(K) the Secretary of Energy;

(L) the Administrator of the Environmental Protection Agency;

(M) the Chairman of the Federal Maritime Commission;

(N) the Chairman of the Joint Chiefs of Staff; and

(O) the head of any other Federal agency who a majority of the voting members of the Committee determines can further the purpose and activities of the Committee.

(2) Nonvoting members.—The Committee may include as many nonvoting members as a majority of the voting members of the Committee determines is appropriate to further the purpose and activities of the Committee.

(d) Support.—

(1) Coordinating board.—

(A) In general.—There is hereby established, within the Committee, a Coordinating Board. Each member of the Committee may select a senior level representative to serve on such Board. The Board shall assist the Committee in carrying out its purpose and activities.

(B) Chair.—There shall be a Chair of the Coordinating Board. The Chair of the Coordinating Board shall rotate each year among the Secretary of Transportation, the Secretary of Defense, the Secretary of Homeland Security, and the Secretary of Commerce. The order of rotation shall be determined by a majority of the voting members of the Committee.

(2) Executive director.—The Secretary of Transportation, in consultation with the Secretary of Defense, the Secretary of Homeland Security, and the Secretary of Commerce, shall appoint an Executive Director of the Committee.

(3) Transfers.—Notwithstanding any other provision of law, the head of a Federal department or agency who is a member of the Committee may—

(A) provide, on a reimbursable or nonreimbursable basis, facilities, equipment, services, personnel, and other support services to carry out the activities of the Committee; and

(B) transfer funds to another Federal department or agency in order to carry out the activities of the Committee.

(e) Marine Transportation System Assessment and Strategy.—Not later than one year after the date of enactment of this Act and every 5 years thereafter, the Committee shall provide to the Committee on Commerce, Science, and Transportation and the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes—

(1) steps taken to implement actions recommended in the document titled "National Strategy for the Marine Transportation System: A Framework for Action" and dated July 2008;

(2) a conditions and performance analysis of the marine transportation system;

(3) a discussion of the challenges the marine transportation system faces in meeting user demand, including estimates of investment levels required to ensure system infrastructure meets such demand;

(4) a plan, with recommended actions, for improving the marine transportation system to meet current and future challenges;

(5) steps taken to implement actions recommended in previous reports required under this subsection; and

(6) a compendium of the Federal programs engaged in the maritime transportation system.

(f) Consultation.—In carrying out its purpose and activities, the Committee may consult with marine transportation system-related advisory committees, interested parties, and the public.

(Added Pub. L. 112–213, title III, §310(a), Dec. 20, 2012, 126 Stat. 1567, §55502; renumbered §55501, Pub. L. 113–281, title III, §301(2), Dec. 18, 2014, 128 Stat. 3042; amended Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], §8315, Jan. 1, 2021, 134 Stat. 4699; renumbered §50401 and amended, Pub. L. 117–81, div. C, title XXXV, §3512(a)(3), (4), Dec. 27, 2021, 135 Stat. 2239.)

Editorial Notes

References in Text

The date of enactment of this Act, referred to in subsec. (e), probably means the date of enactment of Pub. L. 112–213, which enacted this section and was approved Dec. 20, 2012.

Amendments

2021—Pub. L. 117–81, §3512(a)(4), amended section catchline generally, substituting "United States Committee on the Marine Transportation System" for "United States Committee on the Marine Transportation System".

Pub. L. 117–81, §3512(a)(3), renumbered section 55501 of this title as this section.

Subsec. (e)(2). Pub. L. 116–283, §8315(1), substituted "a conditions and performance analysis" for "an assessment of the condition".

Subsec. (e)(6). Pub. L. 116–283, §8315(2)–(4), added par. (6).

2014—Pub. L. 113–281 renumbered section 55502 of this title as this section.
46 U.S.C. § 58101 (2024) — Title 46: SHIPPING / Chapter 581 / Section 58101: Operating in domestic intercoastal or coastwise service
Operating in domestic intercoastal or coastwise service
Status: in_force

(a) Prohibition.—A subsidy may not be awarded or paid to a contractor under the operating-differential subsidy program, and a vessel may not be chartered to a person under chapter 575 of this title, if the contractor or charterer, or a holding company, subsidiary, affiliate, or associate of the contractor or charterer, or an officer, director, agent, or executive thereof, directly or indirectly—

(1) owns, charters, or operates a vessel engaged in the domestic intercoastal or coastwise service; or

(2) owns a pecuniary interest in a person that owns, charters, or operates a vessel in the domestic intercoastal or coastwise service.

(b) Waiver.—A person may apply to the Secretary of Transportation for a waiver of subsection (a). Before deciding on the waiver, the Secretary shall give the applicant and other interested persons an opportunity for a hearing. The Secretary may not grant the waiver if the Secretary finds it would—

(1) result in unfair competition to a person operating exclusively in the domestic intercoastal or coastwise service; or

(2) be prejudicial to the objectives and policy of this subtitle.

(c) Continuous Operation Since 1935.—The Secretary shall grant an application under subsection (b) without requiring further proof that the public interest and convenience will be served and without further proceedings as to the competition in the route or trade, if the contractor or other person, or a predecessor in interest, was in bona-fide operation as a common carrier by water in the domestic intercoastal or coastwise trade in 1935 over the route or in the trade for which the application is made and has so operated since that time or, if engaged in furnishing seasonal service only, was in bona-fide operation in 1935 during the season ordinarily covered by its operation, except in either event as to interruptions of service over which the applicant or its predecessor in interest had no control.

(d) Diversion Into Intercoastal or Coastwise Operations.—If an application under subsection (b) is approved, a person referred to in this section may not divert, directly or indirectly, money, property, or any other thing of value, used in a foreign-trade operation for which a subsidy is paid by the United States Government, into intercoastal or coastwise operations.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1670.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

58101
46 App.:1223(a).
June 29, 1936, ch. 858, title VIII, §805(a), 49 Stat. 2012; Pub. L. 97–31, §12(122), Aug. 6, 1981, 95 Stat. 164; Pub. L. 104–239, §4(b)(1), Oct. 8, 1996, 110 Stat. 3131.

In this chapter, references to the "operating-differential subsidy program" are substituted for references to "part A of subchapter VI of this chapter", meaning 46 App. U.S.C. 1171–1185a, because part A of subchapter VI contains the operating-differential subsidy program and under 46 App. U.S.C. 1185a that program is being phased out. Consequently, part A is being omitted from the revised title and will instead appear as a note under section 53101, except for 46 App. U.S.C. 1177 and 1177–l which are restated in chapter 535. References to "chapter 575 of this title" are substituted for references to "subchapter VII of this chapter", meaning 46 App. U.S.C. 1191–1205, because those sections are restated in chapter 575.

In subsection (b), the words "A person may apply to the Secretary of Transportation for a waiver of subsection (a). Before deciding on the waiver, the Secretary shall give the applicant and other interested persons an opportunity for a hearing." are substituted for "without the written permission of the Secretary of Transportation. Every person, firm, or corporation having any interest in such application shall be permitted to intervene and the Secretary of Transportation shall give a hearing to the applicant and the intervenors." for clarity.

In subsection (c), the words "domestic intercoastal or coastwise trade" are substituted for "domestic, intercoastal, or coastwise trade" for consistency in the section.

In subsection (d), the words "and whosoever shall violate this provision shall be guilty of a misdemeanor" are omitted because section 3559 of title 18 provides for the classification of offenses. See the revision notes for section 58109 of the revised title.
46 U.S.C. § 70501 (2024) — Title 46: SHIPPING / Chapter 705 / Section 70501: Findings and declarations
Findings and declarations
Status: in_force

Congress finds and declares that (1) trafficking in controlled substances aboard vessels is a serious international problem, is universally condemned, and presents a specific threat to the security and societal well-being of the United States and (2) operating or embarking in a submersible vessel or semi-submersible vessel without nationality and on an international voyage is a serious international problem, facilitates transnational crime, including drug trafficking, and terrorism, and presents a specific threat to the safety of maritime navigation and the security of the United States.

(Pub. L. 109–304, §10(2), Oct. 6, 2006, 120 Stat. 1685; Pub. L. 110–407, title II, §201, Oct. 13, 2008, 122 Stat. 4299.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

70501
46 App.:1902.
Pub. L. 96–350, §2, Sept. 15, 1980, 94 Stat. 1160; Pub. L. 99–307, §7, May 19, 1986, 100 Stat. 447; Pub. L. 99–570, title III, §3202, Oct. 27, 1986, 100 Stat. 3207–95; Pub. L. 99–640, §17, Nov. 10, 1986, 100 Stat. 3552.

Editorial Notes

Amendments

2008—Pub. L. 110–407 inserted cl. (1) designation after "declares that", substituted "States and" for "States.", and added cl. (2).
46 U.S.C. § 12139 (2024) — Title 46: SHIPPING / Chapter 121 / Subchapter III / Section 12139: Reports
Reports
Status: in_force

(a) In General.—To ensure compliance with this chapter and laws governing the qualifications of vessels to engage in the coastwise trade and the fisheries, the Secretary may require owners, masters, charterers, and mortgagees of documented vessels to submit reports in any reasonable form and manner the Secretary may prescribe.

(b) Vessels Rebuilt Outside United States.—

(1) In general.—Under regulations prescribed by the Secretary, if a vessel exceeding the tonnage specified in paragraph (2) and documented or last documented under the laws of the United States is rebuilt outside the United States, the owner or master shall submit a report of the rebuilding to the Secretary.

(2) Tonnage.—The tonnage referred to in paragraph (1) is—

(A) 500 gross tons as measured under section 14502 of this title; or

(B) an alternate tonnage as measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title.

(3) Timing of submission.—If the rebuilding is completed in the United States, the report shall be submitted when the rebuilding is completed. If the rebuilding is completed outside the United States, the report shall be submitted when the vessel first arrives at a port in the customs territory of the United States.

(Pub. L. 109–304, §5, Oct. 6, 2006, 120 Stat. 1507; Pub. L. 109–241, title III, §308, July 11, 2006, 120 Stat. 528; Pub. L. 110–181, div. C, title XXXV, §3525(a)(2), (b), Jan. 28, 2008, 122 Stat. 600, 601.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

12139(a)
46:12120.

12139(b)
46 App.:883a (1st sentence).
July 14, 1956, ch. 600, §2 (1st sentence), 70 Stat. 544; Pub. L. 86–583, §2, July 5, 1960, 74 Stat. 321; Pub. L. 104–324, title VII, §707, Oct. 19, 1996, 110 Stat. 3934.

In subsection (b)(1), the word "Secretary" is substituted for "Secretary of the Treasury", thereby incorporating the definition of "Secretary" in section 2101 of title 46. The functions of the Secretary of the Treasury relating to the Coast Guard previously were transferred to the Secretary of Transportation by section 6(b) of the Department of Transportation Act (Pub. L. 89–670, Oct. 15, 1966, 80 Stat. 938). The Coast Guard and the functions of the Secretary of Transportation relating to the Coast Guard were again transferred to the Department of Homeland Security by section 888(b) of the Homeland Security Act of 2002 (Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135). The words "rebuilt outside the United States" are substituted for "and any part of the rebuilding, including the construction of major components of the hull and superstructure of the vessel, is not effected within the United States, its Territories (not including trust territories) or its possessions" because of the definition of "rebuilt" in section 12101, and the definition of "United States" in chapter 1, of the revised title.

Editorial Notes

Amendments

2008—Pub. L. 110–181, §3525(b), repealed Pub. L. 109–241, §308. See 2006 Amendment note below.

Subsec. (a). Pub. L. 110–181, §3525(a)(2), incorporated the substance of the amendment by Pub. L. 109–241, §308, into this section by substituting "charterers, and mortgagees" for "and charterers". See 2006 Amendment note below and section 18(a) of Pub. L. 109–304, set out as a Legislative Purpose and Construction note preceding section 101 of this title.

2006—Pub. L. 109–241, §308, which directed the amendment of former section 12120 of this title from which subsec. (a) of this section was derived, was repealed by Pub. L. 110–181, §3525(b). See 2008 Amendment note for subsec. (a) and Historical and Revision notes above.
46 U.S.C. § 3501 (2024) — Title 46: SHIPPING / Chapter 35 / Section 3501: Number of passengers
Number of passengers
Status: in_force

(a) Each certificate of inspection issued to a vessel carrying passengers (except a ferry) shall include a statement on the number of passengers that the vessel is permitted to carry.

(b) The owner, charterer, managing operator, agent, master, or individual in charge of a vessel is liable to a person suing them for carrying more passengers than the number of passengers permitted by the certificate of inspection in an amount equal to—

(1) passage money; and

(2) $100 for each passenger in excess of the number of passengers permitted.

(c) An owner, charterer, managing operator, agent, master, or individual in charge of a vessel that knowingly carries more passengers than the number of passengers permitted by the certificate of inspection also shall be fined not more than $100, imprisoned for not more than 30 days, or both.

(d) The vessel also is liable in rem for a penalty under this section.

(e) An offshore supply vessel may not carry passengers except in an emergency.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 519; Pub. L. 99–36, §1(a)(2), May 15, 1985, 99 Stat. 67.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

3501 
46:404–1
46:451

46:452

46:462

Section 3501 requires that a vessel carrying passengers, including a passenger vessel as well as a small passenger vessel (except a ferry), shall have on the certificate of inspection a statement as to the number of passengers the vessel is permitted to carry. It also provides penalties for carrying passengers in excess of the number permitted.

Editorial Notes

Amendments

1985—Subsec. (a). Pub. L. 99–36, §1(a)(2)(A), struck out the comma after "(except a ferry)".

Subsec. (c). Pub. L. 99–36, §1(a)(2)(B), substituted "carries more passengers than the number of passengers permitted by the certificate of inspection" for "violates subsection (b) of this section".

Statutory Notes and Related Subsidiaries

Effective Date

Chapter effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 98–89, set out as a note under section 3101 of this title.
46 U.S.C. § 10905 (2024) — Title 46: SHIPPING / Chapter 109 / Section 10905: Complaints in foreign ports
Complaints in foreign ports
Status: in_force

(a) When a complaint under section 10902(a) of this title is made in a foreign port, the procedures of this chapter shall be followed, with a consular officer performing the duties of the judge or justice of the peace.

(b) On review of the marine surveyors' report, the consular officer may approve and must certify any part of the report with which the officer agrees. If the consular officer dissents from any part of the report, the officer shall certify reasons for dissenting from that part.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 576.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

10905 
46:656
46:657

Section 10905 provides that if a complaint of unfitness is made in a foreign port, a consular officer shall perform the duties of a judge or justice of the peace.
46 U.S.C. § 40701 (2024) — Title 46: SHIPPING / Chapter 407 / Section 40701: Rates
Rates
Status: in_force

(a) In General.—A controlled carrier may not—

(1) maintain a rate or charge in a tariff or service contract, or charge or assess a rate, that is below a just and reasonable level; or

(2) establish, maintain, or enforce in a tariff or service contract a classification, rule, or regulation that results, or is likely to result, in the carriage or handling of cargo at a rate or charge that is below a just and reasonable level.

(b) Commission Prohibition.—The Federal Maritime Commission, at any time after notice and opportunity for a hearing, may prohibit the publication or use of a rate, charge, classification, rule, or regulation that a controlled carrier has failed to demonstrate is just and reasonable.

(c) Burden of Proof.—In a proceeding under this section, the burden of proof is on the controlled carrier to demonstrate that its rate, charge, classification, rule, or regulation is just and reasonable.

(d) Voidness.—A rate, charge, classification, rule, or regulation that has been suspended or prohibited by the Commission is void and its use is unlawful.

(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1535.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

40701
46 App.:1708(a).
Pub. L. 98–237, §9(a), Mar. 20, 1984, 98 Stat. 76; Pub. L. 102–100, §5(a), Aug. 17, 1991, 105 Stat. 492; Pub. L. 105–258, title I, §108(1)–(4), Oct. 14, 1998, 112 Stat. 1908.
46 U.S.C. § 40501 (2024) — Title 46: SHIPPING / Chapter 405 / Section 40501: General rate and tariff requirements
General rate and tariff requirements
Status: in_force

(a) Automated Tariff System.—

(1) In general.—Each common carrier and conference shall keep open to public inspection in an automated tariff system, tariffs showing all its rates, charges, classifications, rules, and practices between all points or ports on its own route and on any through transportation route that has been established. However, a common carrier is not required to state separately or otherwise reveal in tariffs the inland divisions of a through rate.

(2) Exceptions.—Paragraph (1) does not apply with respect to bulk cargo, forest products, recycled metal scrap, new assembled motor vehicles, waste paper, or paper waste.

(b) Contents of Tariffs.—A tariff under subsection (a) shall—

(1) state the places between which cargo will be carried;

(2) list each classification of cargo in use;

(3) state the level of compensation, if any, of any ocean freight forwarder by a carrier or conference;

(4) state separately each terminal or other charge, privilege, or facility under the control of the carrier or conference and any rules that in any way change, affect, or determine any part or the total of the rates or charges;

(5) include sample copies of any bill of lading, contract of affreightment, or other document evidencing the transportation agreement; and

(6) include copies of any loyalty contract, omitting the shipper's name.

(c) Electronic Access.—A tariff under subsection (a) shall be made available electronically to any person, without time, quantity, or other limitation, through appropriate access from remote locations. A reasonable fee may be charged for such access, except that no fee may be charged for access by a Federal agency.

(d) Time-Volume Rates.—A rate contained in a tariff under subsection (a) may vary with the volume of cargo offered over a specified period of time.

(e) Effective Dates.—

(1) Increases.—A new or initial rate or change in an existing rate that results in an increased cost to a shipper may not become effective earlier than 30 days after publication. However, for good cause, the Federal Maritime Commission may allow the rate to become effective sooner.

(2) Decreases.—A change in an existing rate that results in a decreased cost to a shipper may become effective on publication.

(f) Marine Terminal Operator Schedules.—A marine terminal operator may make available to the public a schedule of rates, regulations, and practices, including limitations of liability for cargo loss or damage, pertaining to receiving, delivering, handling, or storing property at its marine terminal. Any such schedule made available to the public is enforceable by an appropriate court as an implied contract without proof of actual knowledge of its provisions.

(g) Regulations.—

(1) In general.—The Commission shall by regulation prescribe the requirements for the accessibility and accuracy of automated tariff systems established under this section. The Commission, after periodic review, may prohibit the use of any automated tariff system that fails to meet the requirements established under this section.

(2) Remote terminals.—The Commission may not require a common carrier to provide a remote terminal for electronic access under subsection (c).

(3) Marine terminal operator schedules.—The Commission shall by regulation prescribe the form and manner in which marine terminal operator schedules authorized by this section shall be published.

(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1532.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

40501(a)
46 App.:1707(a)(1) (1st, 2d sentences).
Pub. L. 98–237, §8(a), (b), (d), (f), (g), Mar. 20, 1984, 98 Stat. 74; Pub. L. 105–258, title I, §106(a), (c), (e), (f), Oct. 14, 1998, 112 Stat. 1905, 1907.

40501(b)
46 App.:1707(a)(1) (last sentence).

40501(c)
46 App.:1707(a)(2).

40501(d)
46 App.:1707(b).

40501(e)
46 App.:1707(d).

40501(f)
46 App.:1707(f).

40501(g)
46 App.:1707(g).

In subsection (b)(3), the words "ocean freight forwarder" are substituted for "ocean transportation intermediary, as defined in section 1702(17)(A) of this Appendix" because the definition of "ocean transportation intermediary" in section 1702(17)(A) contains a definition of "ocean freight forwarder" which is restated as a separate definition.

In subsection (e), the word "calendar" is omitted as unnecessary.

In subsection (f)(1), the words "subject to section 1709(d) of this Appendix" are omitted as unnecessary.
46 U.S.C. § 53732 (2024) — Title 46: SHIPPING / Chapter 537 / Subchapter III / Section 53732: Repealed. Pub. L. 116-92, div. C, title XXXV, §3506(i)(2), Dec. 20, 2019, 133 Stat. 1974
Repealed. Pub. L. 116-92, div. C, title XXXV, §3506(i)(2), Dec. 20, 2019, 133 Stat. 1974
Status: repealed

[§53732. Repealed. Pub. L. 116–92, div. C, title XXXV, §3506(i)(2), Dec. 20, 2019, 133 Stat. 1974]

Section, Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1621; Pub. L. 109–163, div. C, title XXXV, §3507(a)(1)(C), (D), (2)(E), (F), (I), (J), (b)(3)(A), (5), (8), Jan. 6, 2006, 119 Stat. 3555, 3556; Pub. L. 110–181, div. C, title XXXV, §3522(a)(8), (9)(E), (b), Jan. 28, 2008, 122 Stat. 598, authorized the Administrator to guarantee an obligation for an eligible export vessel in accordance with certain laws and terms and established an interagency council.
46 U.S.C. § 41107 (2024) — Title 46: SHIPPING / Chapter 411 / Section 41107: Monetary penalties or refunds
Monetary penalties or refunds
Status: in_force

(a) In General.—A person that violates this part or a regulation or order of the Federal Maritime Commission issued under this part is liable to the United States Government for a civil penalty or, in addition to or in lieu of a civil penalty, is liable for the refund of a charge. Unless otherwise provided in this part, the amount of the penalty may not exceed $5,000 for each violation or, if the violation was willfully and knowingly committed, $25,000 for each violation. Each day of a continuing violation is a separate violation.

(b) Lien on Carrier's Vessels.—The amount of a civil penalty or, in addition to or in lieu of a civil penalty, the refund of a charge, imposed on a common carrier under this section constitutes a lien on the vessels operated by the carrier. Any such vessel is subject to an action in rem to enforce the lien in the district court of the United States for the district in which it is found.

(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1543; Pub. L. 117–146, §8(a)(1), June 16, 2022, 136 Stat. 1276.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

41107
46 App.:1712(a).
Pub. L. 98–237, §13(a), Mar. 20, 1984, 98 Stat. 82; Pub. L. 105–258, title I, §112(a), Oct. 14, 1998, 112 Stat. 1911.

In subsection (b), the words "is subject to an action in rem to enforce the lien" are substituted for "may be libeled therefore" to modernize the language.

Editorial Notes

Amendments

2022—Pub. L. 117–146, §8(a)(1)(A), inserted "or refunds" after "penalties" in section catchline.

Subsec. (a). Pub. L. 117–146, §8(a)(1)(B), inserted "or, in addition to or in lieu of a civil penalty, is liable for the refund of a charge" after "civil penalty".

Subsec. (b). Pub. L. 117–146, §8(a)(1)(C), inserted "or, in addition to or in lieu of a civil penalty, the refund of a charge," after "civil penalty".
46 U.S.C. § 30707 (2024) — Title 46: SHIPPING / Chapter 307 / Section 30707: Criminal penalty
Criminal penalty
Status: in_force

(a) In General.—A carrier that violates this chapter shall be fined under title 18.

(b) Lien.—The amount of the fine and costs for the violation constitute a lien on the vessel engaged in the carriage. A civil action in rem to enforce the lien may be brought in the district court of the United States for any district in which the vessel is found.

(c) Disposition of Fine.—Half of the fine shall go to the person injured by the violation and half to the United States Government.

(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1517.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

30707
46 App.:194.
Feb. 13, 1893, ch. 105, §5, 27 Stat. 446.

In subsection (a), the words "and who refuses to issue on demand the bill of lading herein provided for" are omitted as unnecessary. The words "shall be fined under title 18" are substituted for "shall be liable to a fine not exceeding $2,000" because of chapter 227 of title 18.

In subsection (b), the words "A civil action in rem to enforce the lien may be brought in the district court of the United States for any district in which the vessel is found" are substituted for "such vessel may be libeled therefor in any district court of the United States" for clarity and to modernize the language.
46 U.S.C. § 53712 (2024) — Title 46: SHIPPING / Chapter 537 / Subchapter I / Section 53712: Monitoring financial condition and operations of obligor
Monitoring financial condition and operations of obligor
Status: in_force

(a) In General.—The Secretary or Administrator shall monitor the financial condition and operations of the obligor on a regular basis during the term of the guarantee. The Secretary or Administrator shall document the results of the monitoring on an annual or quarterly basis depending on the condition of the obligor. If the Secretary or Administrator determines that the financial condition of the obligor warrants additional protections to the Secretary or Administrator, the Secretary or Administrator shall take appropriate action under subsection (b). If the Secretary or Administrator determines that the financial condition of the obligor jeopardizes its continued ability to perform its responsibilities in connection with the guarantee of an obligation by the Secretary or Administrator, the Secretary or Administrator shall make an immediate determination whether default should take place and whether further measures described in subsection (b) should be taken to protect the interests of the Secretary or Administrator while ensuring that program objectives are met.

(b) Contract Provisions To Protect Secretary or Administrator.—The Secretary or Administrator shall include provisions in a loan agreement with an obligor that provides additional authority to the Secretary or Administrator to take action to limit potential losses in connection with a defaulted loan or a loan that is in jeopardy due to the deteriorating financial condition of the obligor. If the Secretary or Administrator has waived a requirement under section 53707(d) of this title, the loan agreement shall include requirements for additional payments, collateral, or equity contributions to meet the waived requirement upon the occurrence of verifiable conditions indicating that the obligor's financial condition enables the obligor to meet the waived requirement.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1612; Pub. L. 109–163, div. C, title XXXV, §3507(a)(1)(D), (b)(6), Jan. 6, 2006, 119 Stat. 3555, 3556; Pub. L. 110–181, div. C, title XXXV, §3522(a)(6), (10)(B), (b), Jan. 28, 2008, 122 Stat. 598.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

53712(a)
46 App.:1274(k).
June 29, 1936, ch. 858, title XI, §1104A(k), (m), as added Pub. L. 108–136, title XXXV, §3523, Nov. 24, 2003, 117 Stat. 1800.

53712(b)
46 App.:1274(m).

Editorial Notes

Amendments

2008—Pub. L. 110–181, §3522(b), repealed Pub. L. 109–163, §3507(a)(1)(D), (b)(6). See 2006 Amendment note below.

Pub. L. 110–181, §3522(a)(6), (10)(B), incorporated the substance of the amendment by Pub. L. 109–163, §3507(a)(1)(D), (b)(6), into this section by inserting "or Administrator" after "Secretary" wherever appearing and substituting "If the Secretary or Administrator has waived a requirement under section 53707(d) of this title, the loan agreement shall include requirements for additional payments, collateral, or equity contributions to meet the waived requirement upon the occurrence of verifiable conditions indicating that the obligor's financial condition enables the obligor to meet the waived requirement." for "These provisions include requirements for additional collateral or greater equity contributions that are effective upon the occurrence of verifiable conditions relating to the obligor's financial condition or the status of the vessel or shipyard project." See 2006 Amendment note below and section 18(a) of Pub. L. 109–304, set out as a Legislative Purpose and Construction note preceding section 101 of this title.

2006—Pub. L. 109–163, §3507(a)(1)(D), (b)(6), which directed the amendment of section 1274(k), (m) of the former Appendix to this title from which this section was derived, was repealed by Pub. L. 110–181, §3522(b). See 2008 Amendment notes and Historical and Revision notes above.
46 U.S.C. § 8902 (2024) — Title 46: SHIPPING / Chapter 89 / Section 8902: Small passenger vessels
Small passenger vessels
Status: in_force

A small passenger vessel shall be operated by an individual licensed by the Secretary to operate that type of vessel in the particular geographic area, under prescribed regulations.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 555.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

8902 
46:390b

Section 8902 requires that a small passenger vessel of less than 100 gross tons be operated by a licensed individual for that type vessel and for a particular geographic area.
46 U.S.C. § 12302 (2024) — Title 46: SHIPPING / Chapter 123 / Section 12302: Standard numbering system
Standard numbering system
Status: in_force

(a) The Secretary shall prescribe by regulation a standard numbering system for vessels to which this chapter applies. On application by a State, the Secretary shall approve a State numbering system that is consistent with the standard numbering system. In carrying out its numbering system, a State shall adopt any definitions of relevant terms prescribed by regulations of the Secretary.

(b) A State with an approved numbering system is the issuing authority within the meaning of this chapter. The Secretary is the issuing authority in a State in which a State numbering system has not been approved.

(c) When a vessel is numbered in a State, it is deemed in compliance with the numbering system of a State in which it temporarily is operated.

(d) When a vessel is removed to a new State of principal operation, the issuing authority of that State shall recognize the validity of the number issued by the original State for 60 days.

(e) If a State has a numbering system approved after the Secretary issues a number, the State shall recognize the validity of the number issued by the Secretary for one year.

(f) When the Secretary decides that a State numbering system is not being carried out consistent with the standard numbering system or the State has changed the system without the Secretary's approval, the Secretary may withdraw approval after giving notice to the State, in writing, stating the reasons for the withdrawal.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 590.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

12302 
46:1467

Section 12302 provides for a standard numbering system for undocumented vessels and for approval of State numbering systems by the Secretary. It also requires that a State, when implementing its numbering system, adopt any relevant terms required by the Secretary. In States without approved numbering systems, the Federal Government issues the numbers. This section also provides for the operation of a vessel in a State other than the one in which it was numbered.
46 U.S.C. § 13105 (2024) — Title 46: SHIPPING / Chapter 131 / Section 13105: Availability of allocations
Availability of allocations
Status: in_force

(a)(1) Amounts allocated to a State shall be available for obligation by that State for a period of 3 years after the date of allocation.

(2) Amounts allocated to a State that are not obligated at the end of the 3-year period referred to in paragraph (1) shall be withdrawn and allocated by the Secretary in addition to any other amounts available for allocation in the fiscal year in which they are withdrawn or the following fiscal year.

(b) Amounts available to the Secretary for State recreational boating safety programs for a fiscal year that have not been allocated at the end of the fiscal year shall be allocated among States in the next fiscal year in addition to amounts otherwise available for allocation to States for that next fiscal year.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 595, §13104; Pub. L. 99–307, §1(18), May 19, 1986, 100 Stat. 446; Pub. L. 102–587, title V, §5101, Nov. 4, 1992, 106 Stat. 5070; Pub. L. 105–178, title VII, §7405(a), June 9, 1998, 112 Stat. 487; Pub. L. 109–59, title X, §10142, Aug. 10, 2005, 119 Stat. 1931; renumbered §13105, Pub. L. 109–304, §16(b)(1), Oct. 6, 2006, 120 Stat. 1705.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

13104 
46:1477

Section 13104 allows a State to use any of the amounts received from the Secretary over a 3 year period. If the State does not spend the money within that period, the amounts revert to the Secretary, who will make the amounts available along with the amounts available for that year.

Editorial Notes

Prior Provisions

A prior section 13105 was renumbered section 13106 of this title.

Amendments

2006—Pub. L. 109–304 renumbered section 13104 of this title as this section.

2005—Subsec. (a)(1). Pub. L. 109–59, §10142(1), substituted "3 years" for "2 years".

Subsec. (a)(2). Pub. L. 109–59, §10142(2), substituted "3-year" for "2-year".

1998—Subsec. (a)(1). Pub. L. 105–178, §7405(a)(1), substituted "2 years" for "3 years".

Subsec. (a)(2). Pub. L. 105–178, §7405(a)(2), substituted "2-year" for "3-year".

1992—Pub. L. 102–587 amended section generally. Prior to amendment, section read as follows:

"(a) Amounts allocated to a State shall be available for obligation by that State for a period of 3 years after the date of allocation. Amounts unobligated by the State at the end of the 3 years shall be withdrawn by the Secretary and shall be available with other amounts to be allocated by the Secretary during that fiscal year.

"(b) Amounts available to the Secretary for State recreational boating safety programs that have not been allocated at the end of a fiscal year shall be carried forward as part of the total allocation of amounts for the next fiscal year that may be expended under this chapter."

1986—Subsec. (b). Pub. L. 99–307 inserted "for State recreational boating safety programs" after "Secretary".

Statutory Notes and Related Subsidiaries

Effective Date of 2005 Amendments

From Aug. 10, 2005, to end of fiscal year 2005, subsec. (a) of this section considered to read as immediately before enactment of Pub. L. 109–59, see section 101(b) of Pub. L. 109–74, set out as a note under section 777b of Title 16, Conservation.

Amendment by Pub. L. 109–59 effective Oct. 1, 2005, see section 10102 of Pub. L. 109–59, set out as a note under section 777b of Title 16, Conservation.
46 U.S.C. § 3310 (2024) — Title 46: SHIPPING / Chapter 33 / Section 3310: Records of certification
Records of certification
Status: in_force

The Secretary shall keep records of certificates of inspection of vessels and of all acts in the examination and inspection of vessels, whether of approval or disapproval.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 515.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

3310 
46:414

Section 3310 contains the requirement for maintaining inspection records.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 98–89, set out as a note under section 3101 of this title.
46 U.S.C. § 53304 (2024) — Title 46: SHIPPING / Chapter 533 / Section 53304: Vessel ownership
Vessel ownership
Status: in_force

In this chapter, a vessel is deemed to be constructed or acquired by a taxpayer if constructed or acquired by a corporation when the taxpayer owns at least 95 percent of each class of stock of the corporation.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1588.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

53304
46 App.:1161(l).
June 29, 1936, ch. 858, title V, §511(l), as added Oct. 10, 1940, ch. 849, 54 Stat. 1108.
46 U.S.C. § 53516 (2024) — Title 46: SHIPPING / Chapter 535 / Section 53516: Termination of agreement after change in regulations
Termination of agreement after change in regulations
Status: in_force

If, after an agreement has been made under this chapter, a change is made either in the joint regulations or in the regulations prescribed by the Secretary under this chapter that could have a substantial effect on the rights or duties of a person maintaining a fund under this chapter, that person may terminate the agreement.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1600.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

53516
46 App.:1177(l) (last sentence).
June 29, 1936, ch. 858, title VI, §607(l) (last sentence), 49 Stat. 2005; June 23, 1938, ch. 600, §§23–28, 52 Stat. 960; Aug. 4, 1939, ch. 417, §10, 53 Stat. 1185; July 17, 1952, ch. 939, §§17–19, 66 Stat. 764; Pub. L. 85–637, Aug. 14, 1958, 72 Stat. 216; Pub. L. 86–518, §1, June 12, 1960, 74 Stat. 216; Pub. L. 87–45, §6, May 27, 1961, 75 Stat. 91; Pub. L. 87–271, Sept. 21, 1961, 75 Stat. 570; restated Pub. L. 91–469, §21(a), Oct. 21, 1970, 84 Stat. 1032; Pub. L. 97–31, §12(97)(A), Aug. 6, 1981, 95 Stat. 162.
46 U.S.C. § 4306 (2024) — Title 46: SHIPPING / Chapter 43 / Section 4306: Federal preemption
Federal preemption
Status: in_force

Unless permitted by the Secretary under section 4305 of this title, a State or political subdivision of a State may not establish, continue in effect, or enforce a law or regulation establishing a recreational vessel or associated equipment performance or other safety standard or imposing a requirement for associated equipment (except insofar as the State or political subdivision may, in the absence of the Secretary's disapproval, regulate the carrying or use of marine safety articles to meet uniquely hazardous conditions or circumstances within the State) that is not identical to a regulation prescribed under section 4302 of this title.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 531.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

4306 
46:1459
46:1460

Section 4306 establishes the Federal preemption of recreational boating standards and requirements. A State or a political subdivision may not establish, continue, or enforce a law or regulation establishing a performance or other safety standard that is not identical to a Federal standard. The Secretary may grant an exemption to a State when the State requirement is one that is needed to meet uniquely hazardous conditions or circumstances within a State. This is to provide uniform standards without the imposition of excessive special requirements by individual States.
46 U.S.C. § 56301 (2024) — Title 46: SHIPPING / Chapter 563 / Section 56301: General authority
General authority
Status: in_force

During a national emergency declared by Presidential proclamation, or a period for which the President has proclaimed that the security of the national defense makes it advisable, the Secretary of Transportation may requisition or purchase, or requisition or charter the use of, a vessel owned by citizens of the United States, a documented vessel, or a vessel under construction in the United States.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1654.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

56301
46 App.:1242(a) (1st, 2d sentences).
June 29, 1936, ch. 858, title IX, §902(a) (1st, 2d sentences), 49 Stat. 2015; Pub. L. 97–31, §12(131), Aug. 6, 1981, 95 Stat. 165; Pub. L. 100–710, title I, §104(c), Nov. 23, 1988, 102 Stat. 4750.

The words "or other watercraft" are omitted because of the definition of "vessel" in chapter 1 of the revised title. The words "The termination of any emergency so declared shall be announced by a further proclamation by the President" are omitted as superseded by the National Emergencies Act (50 U.S.C. 1601 et seq.).
46 U.S.C. § 12111 (2024) — Title 46: SHIPPING / Chapter 121 / Subchapter II / Section 12111: Registry endorsement
Registry endorsement
Status: in_force

(a) Requirements.—A registry endorsement may be issued for a vessel that satisfies the requirements of section 12103 of this title.

(b) Authorized Activity.—A vessel for which a registry endorsement is issued may engage in foreign trade or trade with Guam, American Samoa, Wake, Midway, or Kingman Reef.

(c) Certain Vessels Owned by Trusts.—

(1) Nonapplication of beneficiary citizenship requirement.—For the issuance of a certificate of documentation with only a registry endorsement, the beneficiaries of a trust are not required to be citizens of the United States if the trust qualifies under paragraph (2) and the vessel is subject to a charter to a citizen of the United States.

(2) Requirements for trust to qualify.—

(A) In general.—Subject to subparagraph (B), a trust qualifies under this paragraph with respect to a vessel only if—

(i) each trustee is a citizen of the United States; and

(ii) the application for documentation of the vessel includes the affidavit of each trustee stating that the trustee is not aware of any reason involving a beneficiary of the trust that is not a citizen of the United States, or involving any other person that is not a citizen of the United States, as a result of which the beneficiary or other person would hold more than 25 percent of the aggregate power to influence or limit the exercise of the authority of the trustee with respect to matters involving any ownership or operation of the vessel that may adversely affect the interests of the United States.

(B) Authority of non-citizens.—If any person that is not a citizen of the United States has authority to direct or participate in directing a trustee for a trust in matters involving any ownership or operation of the vessel that may adversely affect the interests of the United States or in removing a trustee for a trust without cause, either directly or indirectly through the control of another person, the trust is not qualified under this paragraph unless the trust instrument provides that persons who are not citizens of the United States may not hold more than 25 percent of the aggregate authority to so direct or remove a trustee.

(C) Ownership by non-citizens.—Subparagraphs (A) and (B) do not prohibit a person that is not a citizen of the United States from holding more than 25 percent of the beneficial interest in a trust.

(3) Citizenship of person chartering vessel.—If a person chartering a vessel from a trust that qualifies under paragraph (2) is a citizen of the United States under section 50501 of this title, the vessel is deemed to be owned by a citizen of the United States for purposes of that section and related laws, except chapter 531 of this title.

(d) Activities Involving Mobile Offshore Drilling Units.—

(1) In general.—Only a vessel for which a certificate of documentation with a registry endorsement is issued may engage in—

(A) the setting, relocation, or recovery of the anchors or other mooring equipment of a mobile offshore drilling unit that is located over the outer Continental Shelf (as defined in section 2(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(a))); or

(B) the transportation of merchandise or personnel to or from a point in the United States from or to a mobile offshore drilling unit located over the outer Continental Shelf that is not attached to the seabed.

(2) Coastwise trade not authorized.—Nothing in paragraph (1) authorizes the employment in the coastwise trade of a vessel that does not meet the requirements of section 12112 of this title.

(Pub. L. 109–304, §5, Oct. 6, 2006, 120 Stat. 1494; Pub. L. 109–241, title III, §310, July 11, 2006, 120 Stat. 529; Pub. L. 110–181, div. C, title XXXV, §3525(a)(1), (b), Jan. 28, 2008, 122 Stat. 600, 601.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

12111(a)
46:12105(a).

12111(b)
46:12105(b).

12111(c)
46:12102(d).

Editorial Notes

Prior Provisions

A prior section 12111, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 588; Pub. L. 100–710, title I, §103(a), Nov. 23, 1988, 102 Stat. 4749; Pub. L. 104–324, title III, §301(d)(2)(A), Oct. 19, 1996, 110 Stat. 3916; Pub. L. 107–295, title II, §205(c), Nov. 25, 2002, 116 Stat. 2096, originally derived from section 65o of former Title 46, Shipping, related to surrender and invalidation of certificates of documentation, prior to the general amendment of this chapter by Pub. L. 109–304. See sections 12135 and 12136 of this title.

Amendments

2008—Pub. L. 110–181, §3525(b), repealed Pub. L. 109–241, §310. See 2006 Amendment note below.

Subsec. (d). Pub. L. 110–181, §3525(a)(1), incorporated the substance of the amendment by Pub. L. 109–241, §310, into this section by adding subsec. (d). See 2006 Amendment note below and section 18(a) of Pub. L. 109–304, set out as a Legislative Purpose and Construction note preceding section 101 of this title.

2006—Pub. L. 109–241, §310, which directed the amendment of former section 12105 of this title from which this section was derived in part, was repealed by Pub. L. 110–181, §3525(b). See 2008 Amendment note for subsec. (d) and Historical and Revision notes above.
46 U.S.C. § 7109 (2024) — Title 46: SHIPPING / Chapter 71 / Section 7109: Review of criminal records
Review of criminal records
Status: in_force

The Secretary may review the criminal record of each holder of a license or certificate of registry issued under this part who applies for renewal of that license or certificate of registry.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 540; Pub. L. 101–380, title IV, §4102(e)(1), Aug. 18, 1990, 104 Stat. 510.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

7109 
46:225
46:233

Section 7109 authorizes the Secretary to renew licenses and certificates of registry for additional 5 year periods.

Editorial Notes

Amendments

1990—Pub. L. 101–380 substituted "Review of criminal records" for "Renewal of licenses" in section catchline and amended text generally. Prior to amendment, text read as follows: "A license issued under this part may be renewed for additional 5-year periods."

Statutory Notes and Related Subsidiaries

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101–380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters.
46 U.S.C. § 40904 (2024) — Title 46: SHIPPING / Chapter 409 / Section 40904: Compensation by common carriers
Compensation by common carriers
Status: in_force

(a) Certification of License and Services.—A common carrier may compensate an ocean freight forwarder for a shipment dispatched for others only when the ocean freight forwarder has certified in writing that it holds an ocean transportation intermediary's license (if required under section 40901 of this title) and has—

(1) engaged, booked, secured, reserved, or contracted directly with the carrier or its agent for space aboard a vessel or confirmed the availability of the space; and

(2) prepared and processed the ocean bill of lading, dock receipt, or other similar document for the shipment.

(b) Dual Compensation.—A common carrier may not pay compensation for services described in subsection (a) more than once on the same shipment.

(c) Beneficial Interest Shipments.—An ocean freight forwarder may not receive compensation from a common carrier for a shipment in which the ocean freight forwarder has a direct or indirect beneficial interest. A common carrier may not knowingly pay compensation on that shipment.

(d) Limits on Authority of Conference or Group.—A conference or group of two or more ocean common carriers in the foreign commerce of the United States that is authorized to agree on the level of compensation paid to an ocean freight forwarder may not—

(1) deny a member of the conference or group the right, upon notice of not more than 5 days, to take independent action on any level of compensation paid to an ocean freight forwarder; or

(2) agree to limit the payment of compensation to an ocean freight forwarder to less than 1.25 percent of the aggregate of all rates and charges applicable under a tariff and assessed against the cargo on which the services of the ocean freight forwarder are provided.

(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1539.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

40904
46 App.:1718(e).
Pub. L. 98–237, §19(e), Mar. 20, 1984, 98 Stat. 88; Pub. L. 105–258, title I, §116, Oct. 14, 1998, 112 Stat. 1912.

In this section, the words "ocean freight forwarder" are substituted for "ocean transportation intermediary, as defined in section 1702(17)(A) of this Appendix" and "ocean transportation intermediary" because the definition of "ocean transportation intermediary" in section 1702(17)(A) contains a definition of "ocean freight forwarder" which is restated as a separate definition.

In subsection (d)(1), the word "calendar" is omitted as unnecessary.
46 U.S.C. § 53505 (2024) — Title 46: SHIPPING / Chapter 535 / Section 53505: Ceiling on deposits
Ceiling on deposits
Status: in_force

(a) Maximum Deposits.—The amount deposited in a capital construction fund for a taxable year may not exceed the sum of—

(1) that portion of the taxable income of the owner or lessee for the taxable year (computed under chapter 1 of the Internal Revenue Code of 1986 (26 U.S.C. ch. 1) but without regard to the carryback of net operating loss or net capital loss or this chapter) that is attributable to the operation of agreement vessels in the foreign or domestic trade of the United States or in the fisheries of the United States;

(2) the amount allowable as a deduction under section 167 of such Code (26 U.S.C. 167) for the taxable year for agreement vessels;

(3) if the transaction is not taken into account for purposes of paragraph (1), the net proceeds (as defined in joint regulations) from the disposition of an agreement vessel or from insurance or indemnity attributable to an agreement vessel; and

(4) the receipts from the investment or reinvestment of amounts held in the fund.

(b) Reductions for Lessees.—For a lessee, the maximum amount that may be deposited for an agreement vessel under subsection (a)(2) for any period shall be reduced by any amount the owner is required or permitted, under the capital construction fund agreement, to deposit for that period for the vessel under subsection (a)(2).

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1593.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

53505
46 App.:1177(b)(1), (2).
June 29, 1936, ch. 858, title VI, §607(b)(1), (2), 49 Stat. 2005; June 23, 1938, ch. 600, §§23–28, 52 Stat. 960; Aug. 4, 1939, ch. 417, §10, 53 Stat. 1185; July 17, 1952, ch. 939, §§17–19, 66 Stat. 764; Pub. L. 85–637, Aug. 14, 1958, 72 Stat. 216; Pub. L. 86–518, §1, June 12, 1960, 74 Stat. 216; Pub. L. 87–45, §6, May 27, 1961, 75 Stat. 91; Pub. L. 87–271, Sept. 21, 1961, 75 Stat. 570; restated Pub. L. 91–469, §21(a), Oct. 21, 1970, 84 Stat. 1027.

In subsection (a)(1), the word "trade" is substituted for "commerce" for consistency in the chapter.
46 U.S.C. § 70302 (2024) — Title 46: SHIPPING / Chapter 703 / Section 70302: International measures for seaport and vessel security
International measures for seaport and vessel security
Status: in_force

Congress encourages the President to continue to seek agreement on international seaport and vessel security through the International Maritime Organization. In developing an agreement, each member country of the International Maritime Organization should consult with appropriate private sector interests in that country. The agreement would establish seaport and vessel security measures and could include—

(1) seaport screening of cargo and baggage similar to that done at airports;

(2) security measures to restrict access to cargo, vessels, and dockside property to authorized personnel only;

(3) additional security on board vessels;

(4) licensing or certification of compliance with appropriate security standards; and

(5) other appropriate measures to prevent unlawful acts against passengers and crews on vessels.

(Pub. L. 109–304, §10(2), Oct. 6, 2006, 120 Stat. 1683.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

70302
46 App.:1801.
Pub. L. 99–399, title IX, §902, Aug. 27, 1986, 100 Stat. 889.

The word "vessel" is substituted for "shipboard" for consistency in the revised title. The words "and commends him on his efforts to date" are omitted as unnecessary.
46 U.S.C. § 53405 (2024) — Title 46: SHIPPING / Chapter 534 / Section 53405: Obligations and rights under operating agreements
Obligations and rights under operating agreements
Status: in_force

(a) Operation of Vessel.—An operating agreement under this chapter shall require that, during the period the vessel covered by the agreement is operating under the agreement the vessel shall—

(1) be operated in the United States foreign commerce, mixed United States foreign commerce and domestic trade allowed under a registry endorsement issued under section 12111 of this title, in foreign-to-foreign commerce, or under a charter to the United States;

(2) not be operated in the coastwise trade except as described in paragraph (1); and

(3) be documented under chapter 121 of this title.

(b) Annual Payments by the Secretary.—

(1) In general.—An operating agreement under this chapter shall require, subject to the availability of appropriations, that the Secretary make a payment to the program participant in accordance with section 53406.

(2) Operating agreement is an obligation of the united states government.—An operating agreement under this chapter constitutes a contractual obligation of the United States Government to pay the amounts provided for in the agreement to the extent of actual appropriations.

(c) Documentation Requirement.—Each vessel covered by the operating agreement, including an agreement terminated under section 53404(c)(2), shall remain documented under chapter 121 of this title until the date the operating agreement would terminate according to its terms.

(d) National Security Requirements.—

(1) In general.—A program participant with respect to an operating agreement, including an agreement terminated under section 53404(c)(2), shall continue to be bound by the provisions of section 53407 until the date the operating agreement would terminate according to its terms.

(2) Emergency preparedness agreement.—All terms and conditions of an Emergency Preparedness Agreement entered into under section 53407 shall remain in effect until the date the operating agreement would terminate according to its terms, except that the terms of such Emergency Preparedness Agreement may be modified by the mutual consent of the program participant, the Secretary of Transportation, and the Secretary of Defense.

(e) Transfer of Operating Agreements.—A program participant may transfer an operating agreement (including all rights and obligations under the agreement) to any person that is eligible to enter into that operating agreement under this chapter, if the Secretary of Transportation and the Secretary of Defense determine that the transfer is in the best interests of the United States.

(f) Replacement of Vessels Covered by Agreements.—A program participant may replace the vessel with another vessel that is eligible to be included in the Fleet under section 53402(b), if the Secretary of Transportation, in coordination with the Secretary of Defense, approves the replacement of the vessel. No court shall have jurisdiction to review a decision by the Secretary of Transportation or the Secretary of Defense pertaining to the replacement of a vessel under this section.

(Added Pub. L. 116–283, div. C, title XXXV, §3511(a), Jan. 1, 2021, 134 Stat. 4414.)
46 U.S.C. § 53903 (2024) — Title 46: SHIPPING / Chapter 539 / Section 53903: Insurable interests
Insurable interests
Status: in_force

(a) In General.—The Secretary of Transportation may provide insurance and reinsurance under this chapter for—

(1) an American vessel, including a vessel under construction;

(2) a foreign vessel—

(A) owned by a citizen of the United States; or

(B) engaged in transportation in the waterborne commerce of the United States or in such other transportation by water or such other services as the Secretary considers to be in the interest of the national defense or national economy of the United States, when so engaged;

(3) cargo—

(A) shipped or to be shipped on a vessel insurable under this section, including by express or registered mail;

(B) owned by a citizen or resident of the United States;

(C) imported to or exported from the United States, or sold or purchased by a citizen or resident of the United States, under a contract of sale or purchase the terms of which provide that the risk of loss by war risks or the obligation to provide insurance against war risks is on a citizen or resident of the United States; or

(D) shipped between ports in the United States;

(4) disbursements, including advances to masters and general average disbursements, and freight and passage money of a vessel insurable under this section;

(5) personal effects of an individual on a vessel insurable under this section;

(6) loss of life, injury, or detention by an enemy of the United States after capture, with respect to an individual on a vessel insurable under this section; and

(7) statutory or contractual obligations or other liabilities of a vessel insurable under this section or of the owner or charterer of such a vessel, of a nature customarily covered by insurance.

(b) Considerations for Foreign Vessels.—In determining whether to provide insurance or reinsurance for a foreign vessel, the Secretary shall consider the characteristics, employment, and general management of the vessel by the owner or charterer.

(c) Non-War Risks.—Insurance of a risk under subsection (a)(5)–(7), insofar as it involves a liability related to an individual on the vessel, may include risks other than war risks to the extent the Secretary considers advisable.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1627.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

53903(a)
46 App.:1283(a) (1st sentence), (b) (1st sentence), (c)–(f).
June 29, 1936, ch. 858, title XII, §1203(a) (1st, 2d sentences), (b) (1st sentence), (c)–(f), as added Sept. 7, 1950, ch. 906, 64 Stat. 773, 774; Pub. L. 94–523, §§1–3, Oct. 17, 1976, 90 Stat. 2474.

53903(b)
46 App.:1283(a) (2d sentence).

53903(c)
46 App.:1284.
June 29, 1936, ch. 858, title XII, §1204, as added Sept. 7, 1950, ch. 906, 64 Stat. 774.

In subsections (a)(2) and (b), the words "foreign vessel" are substituted for "foreign-flag vessels" because of the definition of "foreign vessel" in chapter 1 of the revised title.

In paragraph (3), references to the territories and possessions of the United States are omitted as unnecessary because of the definition of "United States" in chapter 1 of the revised title.

In paragraph (5), the words "individual on a vessel insurable under this section" are substituted for "masters, officers, and crews of such vessels, and of other persons transported on such vessels" to eliminate unnecessary words.

In paragraph (6), the words "individual on a vessel insurable under this section" are substituted for "Masters, officers, members of the crews of such vessels and other persons employed or transported thereon" to eliminate unnecessary words.
46 U.S.C. § 3710 (2024) — Title 46: SHIPPING / Chapter 37 / Section 3710: Evidence of compliance by vessels of the United States
Evidence of compliance by vessels of the United States
Status: in_force

(a) A vessel of the United States to which this chapter applies that has on board oil or hazardous material in bulk as cargo or cargo residue must have a certificate of inspection issued under this part, endorsed to indicate that the vessel complies with regulations prescribed under this chapter.

(b) Each certificate endorsed under this section is valid for not more than 5 years and may be renewed as specified by the Secretary. In appropriate circumstances, the Secretary may issue a temporary certificate valid for not more than 30 days. A certificate shall be suspended or revoked if the Secretary finds that the vessel does not comply with the conditions under which the certificate was issued.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 524; Pub. L. 104–324, title VI, §605(b), Oct. 19, 1996, 110 Stat. 3931.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

3710 
46:391a(8)(A)
46:391a(8)(E)

Section 3710 prohibits any vessels of the United States subject to this chapter from having on board oil or hazardous material in bulk as cargo or in residue, unless it has a required Certificate of Inspection endorsed to indicate vessel compliance with applicable regulations. Certificates shall be valid for a period not to exceed two years and may be renewed as specified by the Secretary. The Secretary may issue temporary certificates of not more than thirty days duration and may revoke or suspend any certificate under designated circumstances.

Editorial Notes

Amendments

1996—Subsec. (b). Pub. L. 104–324 substituted "5 years" for "24 months".
46 U.S.C. § 42105 (2024) — Title 46: SHIPPING / Chapter 421 / Section 42105: Disclosure to public
Disclosure to public
Status: in_force

Notwithstanding any other provision of law, the Federal Maritime Commission may refuse to disclose to the public a response or other information submitted to it under this chapter.

(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1550.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

42105
46 App.:876(h).
June 5, 1920, ch. 250, §19(h); as added Pub. L. 101–595, title I, §103(2), Nov. 16, 1990, 104 Stat. 2979; Pub. L. 105–258, title III, §301, Oct. 14, 1998, 112 Stat. 1915.
46 U.S.C. § 57502 (2024) — Title 46: SHIPPING / Chapter 575 / Subchapter I / Section 57502: Construction, reconditioning, and remodeling of vessels
Construction, reconditioning, and remodeling of vessels
Status: in_force

(a) In General.—The Secretary of Transportation may have new vessels constructed, and have old vessels reconditioned or remodeled, as the Secretary determines necessary to carry out the objectives of this subtitle.

(b) Place of Work.—Construction, reconditioning, and remodeling of vessels under subsection (a) shall take place in shipyards in the continental United States (including Alaska and Hawaii). However, if satisfactory contracts cannot be obtained from private shipbuilders, the Secretary may have the work done in navy yards.

(c) Applicability of Construction-Differential Subsidy Provisions.—Contracts for the construction, reconstruction, or reconditioning of a vessel by a private shipbuilder under this chapter are subject to the provisions of title V of the Merchant Marine Act, 1936, applicable to a contract with a private shipbuilder for the construction of a vessel under title V of that Act.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1664.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

57502(a), (b)
46 App.:1192.
June 29, 1936, ch. 858, title VII, §702, 49 Stat. 2008; Pub. L. 85–191, Aug. 28, 1957, 71 Stat. 471; Pub. L. 86–624, §35(c), July 12, 1960, 74 Stat. 421; Pub. L. 97–31, §12(104), Aug. 6, 1981, 95 Stat. 162.

57502(c)
46 App.:1193(b).
June 29, 1936, ch. 858, title VII, §703(b), 49 Stat. 2008.

In subsection (b), the words "for such new construction or reconstruction, in accordance with the provisions of this chapter" are omitted as unnecessary.

Editorial Notes

References in Text

The Merchant Marine Act, 1936, referred to in subsec. (c), is act June 29, 1936, ch. 858, 49 Stat. 1985. Title V of the Act enacted provisions set out as notes under section 53101 of this title. For complete classification of this Act to the Code, see Short Title of 1936 Amendment note set out under section 101 of this title and Tables.
46 U.S.C. § 3101 (2024) — Title 46: SHIPPING / Chapter 31 / Section 3101: Authority to suspend inspection
Authority to suspend inspection
Status: in_force

When the President decides that the needs of foreign commerce require, the President may suspend a provision of this part for a foreign-built vessel registered as a vessel of the United States on conditions the President may specify.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 510.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

3101 
46:82

Section 3101 provides the President with the authority to suspend the inspection laws for a foreign-built reflagged U.S. vessel when the needs of foreign commerce require this. For example, if a foreign-flag vessel is reflagged in the U.S. but does not meet the specific Coast Guard inspection requirements, the President could suspend these requirements.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 98–89, §2(g)(1), Aug. 26, 1983, 97 Stat. 599, provided that: "Part B [chapters 31 to 43] of subtitle II and sections 7306 (related to able seaman sail) and 7311 of title 46 (as enacted by section 1 of this Act) take effect April 15, 1984, or when regulations for sailing school vessels under part B are effective, whichever is earlier." [Part B of subtitle II and sections 7306 (related to able seaman sail) and 7311 of title 46 effective Apr. 15, 1984, in absence of regulations for sailing school vessels under part B on that date.]

Executive Documents

Delegation of Functions

For delegation to Secretary of the Treasury of authority vested in President by this section, see Ex. Ord. No. 10289, Sept. 17, 1951, 16 F.R. 9499, set out as a note under section 301 of Title 3, The President.
46 U.S.C. § 30525 (2024) — Title 46: SHIPPING / Chapter 305 / Subchapter II / Section 30525: Apportionment of losses
Apportionment of losses
Status: in_force

If the amounts determined under sections 30523 and 30524 of this title are insufficient to pay all claims—

(1) all claimants shall be paid in proportion to their respective losses out of the amount determined under section 30523 of this title; and

(2) personal injury and death claimants, if any, shall be paid an additional amount in proportion to their respective losses out of the additional amount determined under section 30524(b) of this title.

(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1513, §30507; renumbered §30525 and amended Pub. L. 117–263, div. K, title CXV, §11503(a)(3), (f)(4), Dec. 23, 2022, 136 Stat. 4130, 4131.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

30507
46 App.:183(b) (last sentence).
R.S. §4283(b) (last sentence); Aug. 29, 1935, ch. 804, §1, 49 Stat. 960; June 5, 1936, ch. 521, §1, 49 Stat. 1479; Pub. L. 98–498, title II, §213(a), Oct. 19, 1984, 98 Stat. 2306.

 
46 App.:184.
R.S. §4284; Feb. 27, 1877, ch. 69, §1 (related to R.S. §4284), 19 Stat. 251.

This section is substituted for 46 App. U.S.C. 183(b) (last sentence) and 184 (words before semicolon) for clarity and consistency and to eliminate unnecessary words. The text of 46 App. U.S.C. 184 (words after semicolon) is omitted as unnecessary. See G. Gilmore & C. Black, The Law of Admiralty, §10–8 (2d ed. 1975).

Editorial Notes

Amendments

2022—Pub. L. 117–263, §11503(f)(4)(A), substituted "sections 30523 and 30524" for "sections 30505 and 30506" in introductory provisions.

Pub. L. 117–263, §11503(a)(3), renumbered section 30507 of this title as this section.

Par. (1). Pub. L. 117–263, §11503(f)(4)(B), substituted "section 30523" for "section 30505".

Par. (2). Pub. L. 117–263, §11503(f)(4)(C), substituted "section 30524(b)" for "section 30506(b)".
46 U.S.C. § 7705 (2024) — Title 46: SHIPPING / Chapter 77 / Section 7705: Subpenas and oaths
Subpenas and oaths
Status: in_force

(a) An official designated to investigate or preside at a hearing on matters that are grounds for suspension or revocation of licenses, certificates of registry, and merchant mariners' documents may administer oaths and issue subpenas to compel the attendance and testimony of witnesses and the production of records or other evidence during investigations and at hearings.

(b) The jurisdictional limits of a subpena issued under this section are the same as, and are enforceable in the same manner as, subpenas issued under chapter 63 of this title.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 547; Pub. L. 99–36, §1(a)(9)(H), May 15, 1985, 99 Stat. 68.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

7705 
46:239(e)

Section 7705 allows officials designated to investigate or preside at hearings on matters that are grounds for suspension and revocation proceedings to administer oaths and issue subpenas.

Editorial Notes

Amendments

1985—Subsec. (a). Pub. L. 99–36 substituted "certificates of registry, and merchant mariners' documents" for "certificates, and documents".