46 U.S.C. § 53108 (2024) — Title 46: SHIPPING / Chapter 531 / Section 53108: Regulatory relief
Regulatory relief
Status: in_force

(a) Operation in Foreign Commerce.—A contractor for a vessel included in an operating agreement under this chapter may operate the vessel in the foreign commerce of the United States without restriction.

(b) Other Restrictions.—The restrictions of section 55305(a) of this title concerning the building, rebuilding, or documentation of a vessel in a foreign country shall not apply to a vessel for any day the operator of that vessel is receiving payments for operation of that vessel under an operating agreement under this chapter.

(c) Telecommunications Equipment.—The telecommunications and other electronic equipment on an existing vessel that is redocumented under the laws of the United States for operation under an operating agreement under this chapter shall be deemed to satisfy all Federal Communications Commission equipment certification requirements, if—

(1) such equipment complies with all applicable international agreements and associated guidelines as determined by the country in which the vessel was documented immediately before becoming documented under the laws of the United States;

(2) that country has not been identified by the Secretary as inadequately enforcing international regulations as to that vessel; and

(3) at the end of its useful life, such equipment will be replaced with equipment that meets Federal Communications Commission equipment certification standards.

(Added Pub. L. 108–136, div. C, title XXXV, §3531(a), Nov. 24, 2003, 117 Stat. 1816; amended Pub. L. 109–304, §13(a)(7), Oct. 6, 2006, 120 Stat. 1701.)

Editorial Notes

Amendments

2006—Subsec. (b). Pub. L. 109–304 substituted "section 55305(a) of this title" for "section 901(b)(1) of the Merchant Marine Act, 1936 (46 U.S.C. App. 1241(b)(1))".
46 U.S.C. § 11107 (2024) — Title 46: SHIPPING / Chapter 111 / Section 11107: Unlawful engagements void
Unlawful engagements void
Status: in_force

An engagement of a seaman contrary to a law of the United States is void. A seaman so engaged may leave the service of the vessel at any time and is entitled to recover the highest rate of wages at the port from which the seaman was engaged or the amount agreed to be given the seaman at the time of engagement, whichever is higher.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 580.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

11107 
46:578

Section 11107 entitles seamen engaged contrary to any United States law to leave the service of the vessel without loss of wages.
46 U.S.C. § 11110 (2024) — Title 46: SHIPPING / Chapter 111 / Section 11110: Seamen's clothing
Seamen's clothing
Status: in_force

The clothing of a seaman is exempt from attachments and liens. A person detaining a seaman's clothing shall be fined not more than $500, imprisoned for not more than 6 months, or both.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 580.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

11110 
46:563

Section 11110 exempts seamen's clothing from attachments and liens. It also provides a penalty for violations.
46 U.S.C. § 46104 (2024) — Title 46: SHIPPING / Chapter 461 / Section 46104: Delegation of authority
Delegation of authority
Status: in_force

(a) Delegation.—The Federal Maritime Commission, by published order or regulation, may delegate to a division of the Commission, an individual Commissioner, an employee board, or an officer or employee of the Commission, any of its duties or powers, including those relating to hearing, determining, ordering, certifying, reporting, or otherwise acting on any matter. This subsection does not affect section 556(b) of title 5.

(b) Review.—The Commission may review any action taken under a delegation of authority under subsection (a). The review may be taken on the Commission's own initiative or on the petition of a party to or an intervenor in the action, within the time and in the manner prescribed by the Commission. The vote of a majority of the Commission, less one member, is sufficient to bring an action before the Commission for review.

(c) Deemed Action of Commission.—If the Commission declines review, or if review is not sought, within the time prescribed under subsection (b), the action taken under the delegation of authority is deemed to be the action of the Commission.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1489, §304; renumbered §46104, Pub. L. 116–283, div. G, title LVXXXVI [LXXXVI], §8605(a)(3), Jan. 1, 2021, 134 Stat. 4765.)

Historical and Revision Notes

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

304
46 App.:1111 note.
Reorg. Plan No. 7 of 1961, eff. Aug. 12, 1961, §105(a)–(c), 75 Stat. 841.

Editorial Notes

Amendments

2021—Pub. L. 116–283 renumbered section 304 of this title as this section.
46 U.S.C. § 13101 (2024) — Title 46: SHIPPING / Chapter 131 / Section 13101: Definitions
Definitions
Status: in_force

In this chapter:

(1) Eligible State.—The term "eligible State" means a State that has a State recreational boating safety program accepted by the Secretary.

(2) State Recreational Boating Safety Program.—The term "State recreational boating safety program" means education, assistance, and enforcement activities conducted for maritime casualty prevention, reduction, and reporting for recreational boating.

(Pub. L. 109–304, §16(b)(2), Oct. 6, 2006, 120 Stat. 1705.)

Historical and Revision Notes

Section 16 of the bill [H.R. 1442, which became Pub. L. 109–304] moves the definitions relating to the recreational boating safety program from section 2102(a)(1) and (3) to chapter 131 because the terms only appear in chapter 131.

Section 16 of the bill also eliminates the special definitions of "State" and "United States" in section 2102(a)(2) as including the Trust Territory of the Pacific Islands because the Trust Territory has been terminated. See the definitions of "State" and "United States" in section 2101, which are being moved to chapter 1 and being made applicable title-wide. Those definitions already include the Northern Mariana Islands, the only component of the former Trust Territory still under United States sovereignty.

Editorial Notes

Prior Provisions

A prior section 13101 was renumbered section 13102 of this title.
46 U.S.C. § 51323 (2024) — Title 46: SHIPPING / Chapter 513 / Section 51323: United States Merchant Marine Academy Advisory Council
United States Merchant Marine Academy Advisory Council
Status: in_force

(a) Establishment.—The Secretary of Transportation shall establish an advisory council, to be known as the "United States Merchant Marine Academy Advisory Council" (in this section referred to as the "Council").

(b) Membership.—

(1) In general.—The Secretary shall select not fewer than 8 and not more than 14 individuals to serve as members of the Council. Such individuals shall have such expertise as the Secretary determines necessary and appropriate for providing advice and guidance on improving the Academy.

(2) Governmental experts.—The number of members of the Council who are employees of the Federal Government may not exceed the number of members of the Council who are not employees of the Federal Government.

(3) Employee status.—Members of the Council shall not be considered employees of the United States Government by reason of their membership on the Council for any purpose and shall not receive compensation other than reimbursement of travel expenses and per diem allowance in accordance with section 5703 of title 5.

(c) Responsibilities.—The Council shall provide advice to the Secretary at the time and in the manner requested by the Secretary.

(d) Personally Identifiable Information.—In carrying out its responsibilities under this subsection, the Council shall comply with the obligations of the Department of Transportation to protect personally identifiable information.

(Added Pub. L. 117–81, div. C, title XXXV, §3501(c)(1), Dec. 27, 2021, 135 Stat. 2238.)
46 U.S.C. § 57515 (2024) — Title 46: SHIPPING / Chapter 575 / Subchapter II / Section 57515: Awarding of charters
Awarding of charters
Status: in_force

(a) In General.—The Secretary of Transportation shall award the charter to the bidder proposing to pay the highest monthly charter hire. However, the Secretary may reject the highest or most advantageous or any other bid if the Secretary considers the charter hire offered too low or determines that the bidder lacks the qualifications required by section 57514 of this title.

(b) Highest Bid Rejected.—If the Secretary rejects the highest bid, the Secretary may—

(1) award the charter to the next highest bidder; or

(2) reject all bids and either readvertise the line or operate the line until conditions appear more favorable to reoffer the line for private charter.

(c) Reason for Rejection.—On request of a bidder, the reason for rejection shall be stated in writing to the bidder.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1667.)

Historical and Revision Notes

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

57515
46 App.:1196(b) (1st sentence related to authority).
June 29, 1936, ch. 858, title VII, §§706(b) (1st sentence related to authority), 707, 49 Stat. 2009; Pub. L. 97–31, §12(108), (109), Aug. 6, 1981, 95 Stat. 163.

 
46 App.:1197.

In subsection (a), the words "if the Secretary considers the charter hire offered too low" are substituted for "if, in the Secretary's discretion, the charter hire offered is deemed too low" to eliminate unnecessary words. The words "lacks the qualifications required by section 57514 of this title" are substituted for "lacks sufficient capital, credit, or experience to operate successfully the line" to avoid repeating the qualifications in more than one place.
46 U.S.C. § 60311 (2024) — Title 46: SHIPPING / Chapter 603 / Section 60311: Hospital vessels in time of war
Hospital vessels in time of war
Status: in_force

In time of war, a hospital vessel is exempt from tonnage taxes, light money, and pilotage charges in the ports of the United States if the vessel is one for which the conditions of the international convention for the exemption of hospital ships from taxation in time of war, concluded at The Hague on December 21, 1904, are satisfied. The President by proclamation shall name the vessels for which the conditions are satisfied and state when the exemption begins and ends.

(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)

60311
46 App.:133.
Mar. 24, 1908, ch. 96, 35 Stat. 46.

46 App.:134.

The words "and possessions thereof" are omitted as unnecessary because of the definition of "United States" in chapter 1 of the revised title.
46 U.S.C. § 50113 (2024) — Title 46: SHIPPING / Chapter 501 / Section 50113: Use and performance reports by operators of vessels
Use and performance reports by operators of vessels
Status: in_force

(a) Filing Requirement.—The Secretary of Transportation by regulation may require the operator of a vessel in the waterborne foreign commerce of the United States to file such report, account, record, or memorandum on the use and performance of the vessel as the Secretary considers desirable to assist in carrying out this subtitle. The report, account, record, or memorandum shall be signed and verified, and be filed at the times and in the manner, as provided by regulation.

(b) Civil Penalty.—An operator not filing a report, account, record, or memorandum required by the Secretary under this section is liable to the United States Government for a civil penalty of $50 for each day of the violation. A penalty imposed under this section on the operator of a vessel constitutes a lien on the vessel involved in the violation. 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. The Secretary may remit or mitigate any penalty imposed under this section.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1562.)

Historical and Revision Notes

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

50113
46 App.:1122a.
June 29, 1936, ch. 858, title II, §212(A), as added June 25, 1956, ch. 437, 70 Stat. 332; Aug. 6, 1981, Pub. L. 97–31, §12(70), 95 Stat. 159.
46 U.S.C. § 60105 (2024) — Title 46: SHIPPING / Chapter 601 / Section 60105: Clearance of vessels
Clearance of vessels
Status: in_force

(a) Vessels of the United States.—Except as otherwise provided by law, a vessel of the United States shall obtain clearance from the Secretary of Homeland Security before proceeding from a port or place in the United States—

(1) for a foreign port or place;

(2) for another port or place in the United States if the vessel has on board foreign merchandise for which entry has not been made; or

(3) outside the territorial sea to visit a hovering vessel or to receive merchandise while outside the territorial sea.

(b) Other Vessels.—Except as otherwise provided by law, a vessel that is not a vessel of the United States shall obtain clearance from the Secretary before proceeding from a port or place in the United States—

(1) for a foreign port or place;

(2) for another port or place in the United States; or

(3) outside the territorial sea to visit a hovering vessel or to receive or deliver merchandise while outside the territorial sea.

(c) Regulations.—The Secretary may by regulation—

(1) prescribe the manner in which clearance under this section is to be obtained, including the documents, data, or information which shall be submitted or transmitted, pursuant to an authorized data interchange system, to obtain the clearance;

(2) permit clearance to be obtained before all requirements for clearance are complied with, but only if the owner or operator of the vessel files a bond in an amount set by the Secretary conditioned on the compliance by the owner or operator with all specified requirements for clearance within a time period (not exceeding 4 business days) established by the Secretary; and

(3) permit clearance to be obtained at a place other than a designated port of entry, under conditions the Secretary may prescribe.

(Pub. L. 109–304, §9(b), Oct. 6, 2006, 120 Stat. 1675.)

Historical and Revision Notes

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

60105
46 App.:91.
R.S. §4197; Aug. 5, 1935, ch. 438, title II, §209, 49 Stat. 526; June 16, 1938, ch. 476, §1, 52 Stat. 758; Sept. 1, 1954, ch. 1213, title V, §501(a), 68 Stat. 1140; Pub. L. 103–182, title VI, §686(b), Dec. 8, 1993, 107 Stat. 2221; Pub. L. 106–476, title I, §1452(a)(3), Nov. 9, 2000, 114 Stat. 2167.

The Secretary of Homeland Security is substituted for the Customs Service and for the Secretary of the Treasury 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. § 51321 (2024) — Title 46: SHIPPING / Chapter 513 / Section 51321: Grants for scientific and educational research
Grants for scientific and educational research
Status: in_force

(a) Defined Term.—In this section, the term "qualifying research grant" is a grant that—

(1) is awarded on a competitive basis by the Federal Government (except for the Department of Transportation), a State, a corporation, a fund, a foundation, an educational institution, or a similar entity that is organized and operated primarily for scientific or educational purposes; and

(2) is to be used to carry out a research project with a scientific or educational purpose.

(b) Acceptance of Qualifying Research Grants.—The United States Merchant Marine Academy may compete for and accept qualifying research grants if the work under the grant is to be carried out by a professor or instructor of the United States Merchant Marine Academy.

(c) Administration of Grant Funds.—

(1) Establishment of account.—The Maritime Administrator shall establish a separate account for administering funds received from research grants under this section.

(2) Use of grant funds.—The Superintendent shall use grant funds deposited into the account established pursuant to paragraph (1) in accordance with applicable regulations and the terms and conditions of the respective grants.

(d) Related Expenses.—Subject to such limitations as may be provided in appropriations Acts, appropriations available for the United States Merchant Marine Academy may be used to pay expenses incurred by the Academy in applying for, and otherwise pursuing, a qualifying research grant.

(Added Pub. L. 115–91, div. C, title XXXV, §3512(a), Dec. 12, 2017, 131 Stat. 1918.)
46 U.S.C. § 14514 (2024) — Title 46: SHIPPING / Chapter 145 / Subchapter II / Section 14514: Reciprocity for foreign vessels
Reciprocity for foreign vessels
Status: in_force

For a foreign vessel not measured under chapter 143, if the Secretary finds that the laws and regulations of a foreign country related to measurement of vessels are substantially similar to those of this chapter and the regulations prescribed under this chapter, the Secretary may accept the measurement and certificate of a vessel of that foreign country as complying with this chapter and the regulations prescribed under this chapter.

(Added Pub. L. 111–281, title III, §303(i), Oct. 15, 2010, 124 Stat. 2925.)
46 U.S.C. § 51326 (2024) — Title 46: SHIPPING / Chapter 513 / Section 51326: Student advisory board at the United States Merchant Marine Academy
Student advisory board at the United States Merchant Marine Academy
Status: in_force

(a) In General.—The Maritime Administrator shall establish at the United States Merchant Marine Academy an advisory board to be known as the Advisory Board to the Secretary of Transportation (referred to in this section as the "Advisory Board").

(b) Membership.—The Advisory Board shall be composed of not fewer than 12 midshipmen of the Merchant Marine Academy who are enrolled at the Merchant Marine Academy at the time of the appointment, including not fewer than 3 cadets from each class.

(c) Appointment; Term.—Midshipmen shall serve on the Advisory Board pursuant to appointment by the Maritime Administrator. Appointments shall be made not later than 60 days after the date of the swearing in of a new class of midshipmen at the Academy. The term of membership of a midshipmen on the Advisory Board shall be 1 academic year.

(d) Reappointment.—The Maritime Administrator may reappoint not more than 6 cadets from the previous term to serve on the Advisory Board for an additional academic year if the Maritime Administrator determines such reappointment to be in the best interests of the Merchant Marine Academy.

(e) Meetings.—The Advisory Board shall meet with the Secretary of Transportation not less than once each academic year to discuss the activities of the Advisory Board. The Advisory Board shall meet in person with the Maritime Administrator not less than 2 times each academic year to discuss the activities of the Advisory Board.

(f) Duties.—The Advisory Board shall—

(1) identify health and wellbeing, diversity, and sexual assault and harassment challenges and other topics considered important by the Advisory Board facing midshipmen at the Merchant Marine Academy, off campus, and while aboard ships during Sea Year or other training opportunities;

(2) discuss and propose possible solutions, including improvements to culture and leadership development at the Merchant Marine Academy; and

(3) periodically review the efficacy of the program in section 51325(b), as appropriate, and provide recommendations to the Maritime Administrator for improvement.

(g) Working Groups.—The Advisory Board may establish one or more working groups to assist the Advisory Board in carrying out its duties, including working groups composed in part of midshipmen at the Merchant Marine Academy who are not current members of the Advisory Board.

(h) Reports and Briefings.—The Advisory Board shall regularly provide the Secretary of Transportation and the Maritime Administrator reports and briefings on the results of its duties, including recommendations for actions to be taken in light of such results. Such reports and briefings may be provided in writing, in person, or both.

(Added Pub. L. 117–263, div. C, title XXXV, §3531(a), Dec. 23, 2022, 136 Stat. 3085.)
46 U.S.C. § 41308 (2024) — Title 46: SHIPPING / Chapter 413 / Section 41308: Enforcement of subpoenas and orders
Enforcement of subpoenas and orders
Status: in_force

(a) Civil Action.—If a person does not comply with a subpoena or order of the Federal Maritime Commission, the Attorney General, at the request of the Commission, or an injured party, may seek enforcement in a district court of the United States having jurisdiction over the parties. If, after hearing, the court determines that the subpoena or order was regularly made and duly issued, the court shall enforce the subpoena or order.

(b) Time Limit on Bringing Actions.—An action under this section to enforce an order of the Commission must be brought within 3 years after the date the order was violated.

(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1548.)

Historical and Revision Notes

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

41308(a)
46 App.:1713(c).
Pub. L. 98–237, §14(c), (e), Mar. 20, 1984, 98 Stat. 83, 84.

41308(b)
46 App.:1713(e).

In subsection (a), the words "subpoena or" are added in the second sentence for consistency in the subsection. The words "by an appropriate injunction or other process, mandatory or otherwise" are omitted as unnecessary. The words "regularly made and duly issued" are substituted for "properly made and duly issued" for consistency in the subtitle.
46 U.S.C. § 5111 (2024) — Title 46: SHIPPING / Chapter 51 / Section 5111: Providing loading information
Providing loading information
Status: in_force

The Secretary may prescribe regulations requiring the owner, charterer, managing operator, and agent of a vessel to provide loading information (including information on loading distribution, stability, and margin of strength) to the master or individual in charge of the vessel in a language the master or individual understands.

(Pub. L. 99–509, title V, §5101(2), Oct. 21, 1986, 100 Stat. 1917.)

Historical and Revision Notes

Section 5111 authorizes the Secretary to prescribe regulations requiring that the master of a vessel be provided with loading and stability information for the vessel that the master understands.
46 U.S.C. § 15104 (2024) — Title 46: SHIPPING / Chapter 151 / Section 15104: National Merchant Mariner Medical Advisory Committee
National Merchant Mariner Medical Advisory Committee
Status: in_force

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

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

(1) medical certification determinations for the issuance of licenses, certification of registry, and merchant mariners' documents with respect to merchant mariners;

(2) medical standards and guidelines for the physical qualifications of operators of commercial vessels;

(3) medical examiner education; and

(4) medical research.

(c) Membership.—

(1) In general.—The Committee shall consist of 14 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) 9 shall represent health-care professionals and have particular expertise, knowledge, and experience regarding the medical examinations of merchant mariners or occupational medicine.

(B) 5 shall represent professional mariners and have particular expertise, knowledge, and experience in occupational requirements for mariners.

(Added Pub. L. 115–282, title VI, §601(a), Dec. 4, 2018, 132 Stat. 4283.)
46 U.S.C. § 57304 (2024) — Title 46: SHIPPING / Chapter 573 / Section 57304: Eligible acquisition dates
Eligible acquisition dates
Status: in_force

At the option of the owner, the acquisition of an obsolete vessel under this chapter shall occur—

(1) when the owner contracts for the construction or purchase of a new vessel; or

(2) within 5 days of the actual date of delivery of the new vessel to the owner.

(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)

57304
46 App.:1160(b) (2d sentence).
June 29, 1936, ch. 858, title V, §510(b) (2d sentence), 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 "At the option of the owner" are substituted for "if the owner so requests" for clarity.
46 U.S.C. § 55119 (2024) — Title 46: SHIPPING / Chapter 551 / Section 55119: Yukon River
Yukon River
Status: in_force

Section 55102 of this title does not apply to the transportation of merchandise on the Yukon River until the Alaska Railroad is completed and the Secretary of Transportation finds that proper facilities will be available for transportation by citizens of the United States to properly handle the traffic.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1640.)

Historical and Revision Notes

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

55119
46 App.:883 (4th proviso).
June 5, 1920, ch. 250, §27 (4th proviso), 41 Stat. 999; Exec. Order No. 6166, June 10, 1933, §12; July 2, 1935, ch. 355, 49 Stat. 442; June 29, 1936, ch. 858, title II, §204, title IX, §904, 49 Stat. 1987, 2016; Reorg. Plan No. 21 of 1950, eff. May 24, 1950, §204, 64 Stat. 1276; Pub. L. 97–31, §12(49), Aug. 6, 1981, 95 Stat. 157.
46 U.S.C. § 56304 (2024) — Title 46: SHIPPING / Chapter 563 / Section 56304: Disputed compensation
Disputed compensation
Status: in_force

If the person entitled to compensation disputes the amount of just compensation determined by the Secretary of Transportation under this chapter, the Secretary shall pay the person, as a tentative advance, 75 percent of the amount determined. The person may bring a civil action against the United States to recover just compensation. If the tentative advance paid under this section is greater than the amount of the court's judgment, the person shall refund the difference.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1655.)

Historical and Revision Notes

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

56304
46 App.:1242(c) (2d sentence), (d) (1st par. words after 2d comma).
June 29, 1936, ch. 858, title IX, §902(c) (2d sentence), (d) (1st par. words after 2d comma); as added Aug. 7, 1939, ch. 555, §3, 53 Stat. 1256; Aug. 3, 1956, ch. 929, §§2, 3, 70 Stat. 985; Pub. L. 97–31, §12(131), Aug. 6, 1981, 95 Stat. 165.

This section is substituted for the source provisions to eliminate unnecessary words.
46 U.S.C. § 70002 (2024) — Title 46: SHIPPING / Chapter 700 / Subchapter I / Section 70002: Special powers
Special powers
Status: in_force

The Secretary may order any vessel, in a port or place subject to the jurisdiction of the United States or in the navigable waters of the United States, to operate or anchor in a manner the Secretary directs if—

(1) the Secretary has reasonable cause to believe such vessel does not comply with any regulation issued under section 70034 or any other applicable law or treaty;

(2) the Secretary determines such vessel does not satisfy the conditions for port entry set forth in section 70021 or 70022 of this title; or

(3) by reason of weather, visibility, sea conditions, port congestion, other hazardous circumstances, or the condition of such vessel, the Secretary is satisfied such direction is justified in the interest of safety.

(Added Pub. L. 115–282, title IV, §401(a), Dec. 4, 2018, 132 Stat. 4255; amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8508(2)(A), Jan. 1, 2021, 134 Stat. 4755.)

Editorial Notes

Amendments

2021—Par. (2). Pub. L. 116–283 inserted "or 70022" after "section 70021".
46 U.S.C. § 60304 (2024) — Title 46: SHIPPING / Chapter 603 / Section 60304: Presidential suspension of tonnage taxes and light money
Presidential suspension of tonnage taxes and light money
Status: in_force

If the President is satisfied that the government of a foreign country does not impose discriminating or countervailing duties to the disadvantage of the United States, the President shall suspend the imposition of special tonnage taxes and light money under sections 60302 and 60303 of this title on vessels of that country.

(Pub. L. 109–304, §9(b), Oct. 6, 2006, 120 Stat. 1678.)

Historical and Revision Notes

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

60304
46 App.:121 (5th sentence words after semicolon).
R.S. §4219 (4th sentence words after semicolon); Feb. 27, 1877, ch. 69, §1, 19 Stat. 250.

The words "If the President is satisfied . . . the President shall suspend the imposition" are substituted for "none of the duties . . . shall be levied . . . if the President of the United States shall be satisfied", the words "does not impose" are substituted for "have been abolished", and the words "special tonnage taxes and light money" are substituted for "duties on tonnage above mentioned", for clarity.
46 U.S.C. § 80304 (2024) — Title 46: SHIPPING / Chapter 803 / Section 80304: Limitation on ice patrol data
Limitation on ice patrol data
Status: in_force

Notwithstanding sections 80301 and 80302, data collected by an ice patrol conducted by the Coast Guard under this chapter may not be disseminated to a vessel unless such vessel is—

(1) documented under the laws of the United States; or

(2) documented under the laws of a foreign country that made the payment or contribution required under section 80301(b) for the year preceding the year in which the data is collected.

(Added Pub. L. 113–281, title III, §314(a)(3), Dec. 18, 2014, 128 Stat. 3049.)

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 2017, see section 314(c) of Pub. L. 113–281, set out as an Effective Date of 2014 Amendment note under section 80301 of this title.
46 U.S.C. § 70505 (2024) — Title 46: SHIPPING / Chapter 705 / Section 70505: Failure to comply with international law as a defense
Failure to comply with international law as a defense
Status: in_force

A person charged with violating section 70503 of this title, or against whom a civil enforcement proceeding is brought under section 70508, does not have standing to raise a claim of failure to comply with international law as a basis for a defense. A claim of failure to comply with international law in the enforcement of this chapter may be made only by a foreign nation. A failure to comply with international law does not divest a court of jurisdiction and is not a defense to a proceeding under this chapter.

(Pub. L. 109–304, §10(2), Oct. 6, 2006, 120 Stat. 1688; Pub. L. 110–407, title II, §202(b)(3), Oct. 13, 2008, 122 Stat. 4300.)

Historical and Revision Notes

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

70505
46 App.:1903(d).
Pub. L. 96–350, §3(d), Sept. 15, 1980, 94 Stat. 1160; Pub. L. 99–570, title III, §3202, Oct. 27, 1986, 100 Stat. 3207–96; Pub. L. 99–640, §17, Nov. 10, 1986, 100 Stat. 3553; Pub. L. 104–324, §1138(a)(4), Oct. 19, 1996, 110 Stat. 3989.

Editorial Notes

Amendments

2008—Pub. L. 110–407 substituted "this title, or against whom a civil enforcement proceeding is brought under section 70508," for "this title".
46 U.S.C. § 5112 (2024) — Title 46: SHIPPING / Chapter 51 / Section 5112: Loading restrictions
Loading restrictions
Status: in_force

(a) A vessel may not be loaded in a way that submerges the assigned load line or the place at which the load line is required to be marked on the vessel.

(b) If the loading or stability conditions of a vessel change, the master or individual in charge of the vessel, before moving the vessel, shall record in the official logbook or other permanent record of the vessel—

(1) the position of the assigned load line relative to the water surface; and

(2) the draft of the vessel fore and aft.

(c) A vessel may be operated only if the loading distribution, stability, and margin of strength are adequate for the voyage or movement intended.

(d) Subsections (a) and (b) of this section do not apply to a submersible vessel.

(Pub. L. 99–509, title V, §5101(2), Oct. 21, 1986, 100 Stat. 1917.)

Historical and Revision Notes

Revised section 5112

Source: Section (U.S. Code) 46 App. U.S.C. 86g, 88c, 88e.

Section 5112(a) prohibits a vessel from being loaded in a manner that submerges its load line.

Section 5112(b) requires that whenever the loading or stability conditions of a vessel change, the master or individual in charge of the vessel must record in the official logbook the position of the load line and the draft of the vessel.

Section 5112(c) is a new provision that provides that a vessel may be operated only if the loading distribution, stability, and margin of strength are adequate for the intended voyage or movement.

Section 5112(d) provides that subsections (a) and (b) do not apply to a submersible vessel.
46 U.S.C. § 3713 (2024) — Title 46: SHIPPING / Chapter 37 / Section 3713: Prohibited acts
Prohibited acts
Status: in_force

(a) A person may not—

(1) violate this chapter or a regulation prescribed under this chapter;

(2) refuse to permit any official, authorized by the Secretary to enforce this chapter, to board a vessel or to enter a shore area, place, or premises, under a person's control to make an inspection under this chapter; or

(3) refuse to obey a lawful directive issued under this chapter.

(b) A vessel to which this chapter applies may not—

(1) operate on the navigable waters of the United States or use a port or place subject to the jurisdiction of the United States when not in compliance with this chapter or a regulation prescribed under this chapter;

(2) fail to comply with a lawful directive issued under this chapter; or

(3) carry a type or grade of oil or hazardous material in bulk as cargo or cargo residue unless its certificate is endorsed to allow that carriage.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 525.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

3713 
46:391a(13)

Section 3713(a) prohibits any person from violating any provision of this chapter or a regulation prescribed under its authority. It prohibits the refusal to permit authorized officials to board a vessel or to enter a shore area for the purposes of inspection of the vessel or premises. It also prohibits the refusal to obey any lawful directive issued under this chapter.

Section 3713(b) prohibits any vessel, subject to the provisions of this chapter from operating on the navigable waters of the United States, or from using any port or place subject to the jurisdiction of the United States while not in compliance with any provision of applicable law or regulation. It further prohibits any vessel from failing to comply with a lawful directive issued pursuant to the authority of this chapter. It also prohibits the vessel from carrying oil or hazardous material as cargo or cargo residue unless its certificate is so endorsed to permit its carriage.
46 U.S.C. § 53514 (2024) — Title 46: SHIPPING / Chapter 535 / Section 53514: Relationship of old fund to new fund
Relationship of old fund to new fund
Status: in_force

(a) Definition.—In this section, the term "old fund" means a capital construction fund maintained before October 21, 1970.

(b) Election To Maintain Old Fund.—A person maintaining an old fund may elect to continue the old fund, but may not—

(1) hold amounts in the old fund beyond the expiration date provided in the agreement under which the old fund is maintained (determined without regard to an extension or renewal made after April 14, 1970); or

(2) maintain simultaneously the old fund and a new fund established under this chapter.

(c) Application of New Fund Agreement to Old Fund Amounts.—If a person makes an agreement under this chapter to establish a new fund, the person may agree to extend the agreement to some or all of the amounts in an old fund. Each item in the old fund to be transferred shall be transferred in a nontaxable transaction to the appropriate account in the new fund. For purposes of section 53511(c)(3) of this title, the date of the deposit of an item so transferred shall be July 1, 1971, or the date of the deposit in the old fund, whichever is later.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1599.)

Historical and Revision Notes

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

53514
46 App.:1177(j).
June 29, 1936, ch. 858, title VI, §607(j), 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. 1031.
46 U.S.C. § 42306 (2024) — Title 46: SHIPPING / Chapter 423 / Section 42306: Submission of determinations to President
Submission of determinations to President
Status: in_force

Before a determination under section 42304 of this title becomes effective or a request is made under section 42305 of this title, the determination shall be submitted immediately to the President. The President, within 10 days after receiving it, may disapprove it in writing, setting forth the reasons for the disapproval, if the President finds that disapproval is required for reasons of national defense or foreign policy.

(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1553.)

Historical and Revision Notes

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

42306
46 App.:1710a(e)(3).
Pub. L. 100–418, title X, §10002(e)(3), Aug. 23, 1988, 102 Stat. 1572.
46 U.S.C. § 10308 (2024) — Title 46: SHIPPING / Chapter 103 / Section 10308: Foreign engagements
Foreign engagements
Status: in_force

When a seaman is engaged outside the United States, the agreement required by section 10302 of this title shall be signed in the presence of a consular officer. If a consular officer is not available at the port of engagement, the seaman may be engaged, and the agreement shall be signed in the next port at which a consular officer is available.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 564; Pub. L. 103–206, title IV, §406, Dec. 20, 1993, 107 Stat. 2436.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

10308 
46:570

Section 10308 requires that shipping agreements made in foreign ports be signed in the presence of a consular officer. The penalty for violation of this section is $100.

Editorial Notes

Amendments

1993—Pub. L. 103–206 struck out "(a)" before "When a seaman" and struck out subsec. (b) which read as follows: "A master engaging a seaman in violation of this section is liable to the United States Government for a civil penalty of $100. The vessel also is liable in rem for the penalty."
46 U.S.C. § 53305 (2024) — Title 46: SHIPPING / Chapter 533 / Section 53305: Eligible fund deposits
Eligible fund deposits
Status: in_force

A construction reserve fund may include deposits of—

(1) the proceeds from the sale of a vessel;

(2) indemnities for the loss of a vessel;

(3) earnings from the operation of a documented vessel and from services incident to the operation; and

(4) interest or other amounts accrued on deposits in the fund.

(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)

53305
46 App.:1161(b) (1st sentence words after 16th comma).
June 29, 1936, ch. 858, title V, §511(b) (1st sentence words after 16th comma), as added Oct. 10, 1940, ch. 849, 54 Stat. 1106; June 17, 1943, ch. 130, subdiv. (a), 57 Stat. 157; July 17, 1952, ch. 939, §9, 66 Stat. 762.

In paragraph (3), the words "documented vessel" are substituted for "vessels documented under the laws of the United States" because of the definition of "documented vessel" in chapter 1 of the revised title.

In paragraph (4), the words "interest or other amounts accrued on deposits in the fund" are substituted for "receipts, in the form of interest or otherwise, with respect to amounts previously deposited" for clarity and to eliminate unnecessary words.
46 U.S.C. § 53309 (2024) — Title 46: SHIPPING / Chapter 533 / Section 53309: Accumulation of deposits
Accumulation of deposits
Status: in_force

For any taxable year, amounts on deposit in a construction reserve fund on the last day of the taxable year, for which the requirements of section 53310 of this title have been satisfied (to the extent they apply on the last day of the taxable year), are deemed to have been retained for the reasonable needs of the business within the meaning of section 537(a) of the Internal Revenue Code of 1986 (26 U.S.C. 537(a)).

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1589.)

Historical and Revision Notes

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

53309
46 App.:1161(f).
June 29, 1936, ch. 858, title V, §511(f), as added Oct. 10, 1940, ch. 849, 54 Stat. 1107.

The words "are deemed to have been retained for the reasonable needs of the business within the meaning of section 537(a) of the Internal Revenue Code of 1986 (26 U.S.C. 537(a))" are substituted for "shall not constitute an accumulation of earnings or profits within the meaning of section 102 of the Internal Revenue Code" because section 102 of the Internal Revenue Code of 1939 has been superseded by part 1 of subchapter G of chapter 1 of the Internal Revenue Code of 1986 (26 U.S.C. 531 et seq.). See also 46 C.F.R. §287.16 (2003).
46 U.S.C. § 60306 (2024) — Title 46: SHIPPING / Chapter 603 / Section 60306: Vessels not engaged in trade
Vessels not engaged in trade
Status: in_force

A vessel is exempt from tonnage taxes and light money when not engaged in trade.

(Pub. L. 109–304, §9(b), Oct. 6, 2006, 120 Stat. 1678.)

Historical and Revision Notes

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

60306
46 App.:121 (3d sentence related to trade).
Aug. 5, 1909, ch. 6, §36 (2d sentence related to trade), 36 Stat. 111; Pub. L. 101–508, title X, §10402(a), Nov. 5, 1990, 104 Stat. 1388–398; Pub. L. 103–66, title IX, §9001(a)(3), (c)(1), Aug. 10, 1993, 107 Stat. 402.

The words "and light money" are added for clarity and consistency. See 19 C.F.R. §4.21 (2003).
46 U.S.C. § 53517 (2024) — Title 46: SHIPPING / Chapter 535 / Section 53517: Reports
Reports
Status: in_force

(a) In General.—Within 120 days after the close of each calendar year, the Secretary of Transportation and the Secretary of Commerce each shall provide the Secretary of the Treasury a written report on the capital construction funds under the particular Secretary's jurisdiction for the calendar year.

(b) Contents.—The report shall state the name and taxpayer identification number of each person—

(1) establishing a capital construction fund during the calendar year;

(2) maintaining a capital construction fund on the last day of the calendar year;

(3) terminating a capital construction fund during the calendar year;

(4) making a deposit to or withdrawal from a capital construction fund during the calendar year, and the amount of the deposit or withdrawal; or

(5) having been determined during the calendar year to have failed to fulfill a substantial obligation under a capital construction fund agreement to which the person is a party.

(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)

53517
46 App.:1177(m).
June 29, 1936, ch. 858, title VI, §607(m), as added Pub. L. 99–514, §261(d), Oct. 22, 1986, 100 Stat. 2214.
46 U.S.C. § 55501 (2024) — Title 46: SHIPPING / Chapter 555 / Section 55501: Renumbered §§50401, 50402
Renumbered §§50401, 50402
Status: renumbered

[§§55501, 55502. Renumbered §§50401, 50402]

Editorial Notes

Prior Provisions

A prior section 55501, Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1650, related to mobile trade fairs to show and sell United States products at foreign ports and other global commercial centers, prior to repeal by Pub. L. 113–281, title III, §301(1), Dec. 18, 2014, 128 Stat. 3042.

A prior section 55502 was renumbered section 55501 of this title.
46 U.S.C. § 42307 (2024) — Title 46: SHIPPING / Chapter 423 / Section 42307: Review of regulations and orders
Review of regulations and orders
Status: in_force

A regulation or final order of the Federal Maritime Commission under this chapter is reviewable exclusively in the same forum and in the same manner as provided in section 2342(3)(B) of title 28.

(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1554.)

Historical and Revision Notes

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

42307
46 App.:1710a(i).
Pub. L. 100–418, title X, §10002(i), Aug. 23, 1988, 102 Stat. 1572.
46 U.S.C. § 53411 (2024) — Title 46: SHIPPING / Chapter 534 / Section 53411: Authorization of appropriations
Authorization of appropriations
Status: in_force

There are authorized to be appropriated for payments under section 53406, amounts as follows, to remain available until expended:

(1) $122,400,000 for each of fiscal years 2025 and 2026.

(2) $167,600,000 for each of fiscal years 2027 and 2028.

(3) $172,120,000 for each of fiscal years 2029 and 2030.

(4) $176,780,000 for each of fiscal years 2031 and 2032.

(5) $181,560,000 for each of fiscal years 2033 and 2034.

(6) $186,460,000 for each of fiscal years 2035 and 2036.

(7) $191,480,000 for each of fiscal years 2037 and 2038.

(8) $196,660,000 for each of fiscal years 2039 and 2040.

(Added Pub. L. 116–283, div. C, title XXXV, §3511(a), Jan. 1, 2021, 134 Stat. 4418; amended Pub. L. 117–263, div. C, title XXXV, §3501(b)(1), Dec. 23, 2022, 136 Stat. 3064; Pub. L. 118–159, div. C, title XXXV, §3531(c), Dec. 23, 2024, 138 Stat. 2312.)

Editorial Notes

Amendments

2024—Pub. L. 118–159 amended section generally. Prior to amendment, text read as follows: "There is authorized to be appropriated for payments under section 53406, $60,000,000 for each of fiscal years 2022 and 2023, and $120,000,000 for fiscal years 2024 through 2035, to remain available until expended."

2022—Pub. L. 117–263 substituted "and 2023, and $120,000,000 for fiscal years 2024 through 2035" for "through 2035".
46 U.S.C. § 51510 (2024) — Title 46: SHIPPING / Chapter 515 / Section 51510: Deferment of service obligation under student incentive payment agreements
Deferment of service obligation under student incentive payment agreements
Status: in_force

The Secretary of Transportation may defer the service commitment of an individual under section 51509(d)(5) of this title (as specified in the agreement under section 51509) for not more than 2 years if the individual is engaged in a graduate course of study approved by the Secretary. However, deferment of service as a commissioned officer on active duty must be approved by the Secretary of the affected military department (or the Secretary of Commerce, for service with the National Oceanic and Atmospheric Administration).

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1581.)

Historical and Revision Notes

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

51510
46 App.:1295c(g)(7).
June 29, 1936, ch. 858, title XIII, §1304(g)(7), as added Pub. L. 96–453, §2, Oct. 15, 1980, 94 Stat. 2006; Pub. L. 97–31, §12(145)(B), Aug. 6, 1981, 95 Stat. 166; Pub. L. 108–136, title XXXV, §3515(d)(7), Nov. 24, 2003, 117 Stat. 1795.

The words "affected military department" are substituted for "military department . . . which has jurisdiction over such service" for clarity and to eliminate unnecessary words.
46 U.S.C. § 51305 (2024) — Title 46: SHIPPING / Chapter 513 / Section 51305: Prohibited basis for appointment
Prohibited basis for appointment
Status: in_force

Preference may not be given to an individual for appointment as a cadet at the United States Merchant Marine Academy because one or more members of the individual's immediate family are alumni of the Academy.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1572.)

Historical and Revision Notes

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

51305
46 App.:1295b(b) (3)(E).
June 29, 1936, ch. 858, title XIII, §1303(b)(3)(E), as added Pub. L. 96–453, §2, Oct. 15, 1980, 94 Stat. 1999.
46 U.S.C. § 42109 (2024) — Title 46: SHIPPING / Chapter 421 / Section 42109: Consultation with other agencies
Consultation with other agencies
Status: in_force

The Federal Maritime Commission may consult with, seek the cooperation of, or make recommendations to other appropriate agencies of the United States Government prior to taking any action under this chapter.

(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1551.)

Historical and Revision Notes

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

42109
46 App.:876(l).
June 5, 1920, ch. 250, §19(l); 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. § 7319 (2024) — Title 46: SHIPPING / Chapter 73 / Section 7319: Records of merchant mariners' documents
Records of merchant mariners' documents
Status: in_force

The Secretary shall maintain records on each merchant mariner's document issued, including the name and address of the individual to whom issued and the next of kin of the individual.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 545; Pub. L. 108–293, title IV, §403, Aug. 9, 2004, 118 Stat. 1043; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8505(b)(4), Jan. 1, 2021, 134 Stat. 4751.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

7319 
46:643(f)

Section 7319 requires the Secretary to maintain records on each merchant mariner's document issued and the seaman's next of kin. However, these records are not open for general or public inspection.

Editorial Notes

Amendments

2021—Pub. L. 116–283 substituted "individual" for "seaman" in two places.

2004—Pub. L. 108–293 struck out at end "The records are not open to general or public inspection."
46 U.S.C. § 30912 (2024) — Title 46: SHIPPING / Chapter 309 / Section 30912: Arbitration, compromise, or settlement
Arbitration, compromise, or settlement
Status: in_force

The Secretary of a department of the United States Government, or the board of trustees of a federally-owned corporation, may arbitrate, compromise, or settle a claim under this chapter.

(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1519.)

Historical and Revision Notes

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

30912
46 App.:749.
Mar. 9, 1920, ch. 95, §9, 41 Stat. 527; Pub. L. 92–417, §3, Aug. 29, 1972, 86 Stat. 656; Pub. L. 97–31, §12(25)(C), Aug. 6, 1981, 95 Stat. 155.

The words "claim under this chapter" are substituted for "claim in which suit will lie under the provisions of sections 742, 744, and 750 of this Appendix" to eliminate unnecessary words.
46 U.S.C. § 57307 (2024) — Title 46: SHIPPING / Chapter 573 / Section 57307: Recognition of gain for tax purposes
Recognition of gain for tax purposes
Status: in_force

The owner of an obsolete vessel does not recognize a gain under the Federal income tax laws when the vessel is transferred to the Secretary of Transportation in exchange for a trade-in allowance under this chapter. The basis of the new vessel acquired with the allowance is the same as the basis of the obsolete vessel—

(1) increased by the difference between the cost of the new vessel and the trade-in allowance of the obsolete vessel; and

(2) decreased by the amount of loss recognized on the transfer.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1663.)

Historical and Revision Notes

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

57307
46 App.:1160(e).
June 29, 1936, ch. 858, title V, §510(e), as added Aug. 4, 1939, ch. 417, §7, 53 Stat. 1184; Pub. L. 97–31, §12(91), Aug. 6, 1981, 95 Stat. 161.

The words "for gain or loss upon a sale or exchange and for depreciation under the applicable Federal income-tax laws" and "or vessels exchanged for credit upon the acquisition of such new vessel" are omitted as unnecessary. In paragraph (1), the words "the difference between the cost of the new vessel and the trade-in allowance of the obsolete vessel" are substituted for "the amount of the cost of such vessel (other than the cost represented by such obsolete vessel or vessels)" for clarity.
46 U.S.C. § 44101 (2024) — Title 46: SHIPPING / Chapter 441 / Section 44101: Application
Application
Status: in_force

This chapter applies to a vessel that—

(1) has berth or stateroom accommodations for at least 50 passengers; and

(2) boards passengers at a port in the United States.

(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1554.)

Historical and Revision Notes

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

44101
46 App.:817d(a) (6th–28th words).
Pub. L. 89–777, §§2(a) (6th–28th words), 3(a) (15th–36th words), Nov. 6, 1966, 80 Stat. 1356, 1357.

 
46 App.:817e(a) (15th–36th words).
46 U.S.C. § 41301 (2024) — Title 46: SHIPPING / Chapter 413 / Section 41301: Complaints
Complaints
Status: in_force

(a) In General.—A person may file with the Federal Maritime Commission a sworn complaint alleging a violation of this part, except section 41307(b)(1). If the complaint is filed within 3 years after the claim accrues, the complainant may seek reparations for an injury to the complainant caused by the violation.

(b) Notice and Response.—The Commission shall provide a copy of the complaint to the person named in the complaint. Within a reasonable time specified by the Commission, the person shall satisfy the complaint or answer it in writing.

(c) If Complaint Not Satisfied.—If the complaint is not satisfied, the Commission shall investigate the complaint in an appropriate manner and make an appropriate order.

(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1545.)

Historical and Revision Notes

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

41301(a)
46 App.:1710(a), (g) (related to time limit).
Pub. L. 98–237, §11(a), (b), (g) (related to 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.

41301(b)
46 App.:1710(b) (1st sentence).

41301(c)
46 App.:1710(b) (last sentence).

In subsection (a), the words "If the complaint is filed within 3 years after the claim accrues" are substituted for "For any complaint filed within 3 years after the cause of action accrued" in 46 App. U.S.C. 1710(g) to alert the reader to that time limitation.
46 U.S.C. § 58108 (2024) — Title 46: SHIPPING / Chapter 581 / Section 58108: Charges for transportation subject to subtitle IV of title 49
Charges for transportation subject to subtitle IV of title 49
Status: in_force

(a) Prohibition.—A carrier may not charge, collect, or receive for transportation subject to subtitle IV of title 49 of persons or property, under any joint rate, fare, or charge, or under any export, import, or other proportional rate, fare, or charge, that is based in whole or in part on the fact that the persons or property affected are to be transported to, or have been transported from, a port in a territory or possession of the United States or in a foreign country, by a carrier by water in foreign commerce, any lower rate, fare, or charge than the carrier charges, collects, or receives for the transportation of persons or similar property for the same distance, in the same direction, and over the same route, in commerce wholly within the United States, unless the vessel used for the transportation is or was at the time of the transportation documented under the laws of the United States.

(b) Suspension of Prohibition.—Whenever the Secretary of Transportation believes that adequate shipping facilities to or from any port in a territory or possession of the United States or a foreign country are not being provided by vessels documented under the laws of the United States, the Secretary shall certify this fact to the Surface Transportation Board. On receiving the certification, the Board may by order suspend the operation of subsection (a) with respect to the rates, fares, and charges for the transportation by rail of persons and property transported from or to be transported to those ports, for such time and under such terms and conditions as the Secretary may specify in the order or in any supplemental order.

(c) Termination of Suspension.—Whenever the Secretary believes that adequate shipping facilities are being provided to those ports by vessels documented under the laws of the United States, and certifies that fact to the Board, the Board may order the termination of the suspension.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1673.)

Historical and Revision Notes

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

58108
46 App.:884.
June 5, 1920, ch. 250, §28, 41 Stat. 999; Ex. Ord. No. 6166, §12, eff. June 10, 1933; June 29, 1936, ch. 858, §§204, 904, 49 Stat. 1987, 2016; Pub. L. 97–31, §12(50), Aug. 6, 1981, 95 Stat. 157; Pub. L. 104–88, title III, §321(3), Dec. 29, 1995, 109 Stat. 950.

The words "territory or possession" are substituted for "possession or dependency" for consistency in the revised title.
46 U.S.C. § 2117 (2024) — Title 46: SHIPPING / Chapter 21 / Section 2117: Termination for unsafe operation
Termination for unsafe operation
Status: in_force

An individual authorized to enforce this title—

(1) may remove a certificate required by this title from a vessel that is operating in a condition that does not comply with the provisions of the certificate;

(2) may order the individual in charge of a vessel that is operating that does not have on board the certificate required by this title to return the vessel to a mooring and to remain there until the vessel is in compliance with this title; and

(3) may direct the individual in charge of a vessel to which this title applies to immediately take reasonable steps necessary for the safety of individuals on board the vessel if the official observes the vessel being operated in an unsafe condition that the official believes creates an especially hazardous condition, including ordering the individual in charge to return the vessel to a mooring and to remain there until the situation creating the hazard is corrected or ended.

(Added Pub. L. 111–281, title VI, §608(a), Oct. 15, 2010, 124 Stat. 2967.)
46 U.S.C. § 57521 (2024) — Title 46: SHIPPING / Chapter 575 / Subchapter II / Section 57521: Termination of charter during national emergency
Termination of charter during national emergency
Status: in_force

A charter under this chapter shall provide that during a national emergency proclaimed by the President or a period for which the President has proclaimed that the security of the national defense makes it advisable, the Secretary of Transportation may terminate the charter without cost to the United States Government on such notice to the charterer as the President determines.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1668.)

Historical and Revision Notes

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

57521
46 App.:1202(d).
June 29, 1936, ch. 858, title VII, §712(d), 49 Stat. 2010; Aug. 7, 1939, ch. 555, §1, 53 Stat. 1254; Pub. L. 97–31, §12(114), Aug. 6, 1981, 95 Stat. 163.
46 U.S.C. § 50503 (2024) — Title 46: SHIPPING / Chapter 505 / Section 50503: Oceanographic research vessels
Oceanographic research vessels
Status: in_force

An oceanographic research vessel (as defined in section 2101 of this title) is deemed not to be engaged in trade or commerce.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1567.)

Historical and Revision Notes

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

50503
46 App.:441.
Pub. L. 89–99, §§1, 3, 4, July 30, 1965, 79 Stat. 424.

 
46 App.:443.

 
46 App.:444.

The definitions of "oceanographic research vessel" and "scientific personnel" in 46 App. U.S.C. 441 are omitted because substantially the same definitions are already in 46 U.S.C. 2101.

The text of 46 App. U.S.C. 444 is omitted because section 10101(3) of title 46, which defines "seaman" for purposes of part G of subtitle II of title 46, already contains an exception for scientific personnel. Title 53 of the Revised Statutes, referred to [in] 46 App. U.S.C. 444, was previously codified principally in part G of subtitle II of title 46.
46 U.S.C. § 5108 (2024) — Title 46: SHIPPING / Chapter 51 / Section 5108: Special exemptions
Special exemptions
Status: in_force

(a) The Secretary may exempt a vessel from any part of this chapter when—

(1) the vessel is entitled to an exemption under an international agreement to which the United States Government is a party; or

(2) under regulations (including regulations on special operations conditions) prescribed by the Secretary, the Secretary finds that good cause exists for granting an exemption.

(b) When the Secretary grants an exemption under this section, the Secretary may issue a certificate of exemption stating the extent of the exemption.

(c) A certificate of exemption issued under subsection (b) of this section shall be maintained as required by the Secretary.

(Pub. L. 99–509, title V, §5101(2), Oct. 21, 1986, 100 Stat. 1916.)

Historical and Revision Notes

Revised section 5108

Source: Section (U.S. Code) 46 App. U.S.C. 86e, 88a.

Section 5108(a) authorizes the Secretary to exempt a vessel from load line requirements if the vessel is entitled to an exemption under an international agreement to which the United States is a party. It also provides the Secretary with the new authority to exempt a vessel from load line requirements if the Secretary finds that there is good reason for granting the exemption. A specific exemption from load line requirements was authorized in Public Law 98–557 for barges operating close to shore between Calumet Harbor, Illinois and Burns Harbor, Indiana, because the geographic area and type of operation in this case did not warrant a requirement for load lines. Additional exemptions currently must be made by an Act of Congress. Section 5108(a) authorizes the Secretary to make such exemptions through regulation, and the Committee expects the Secretary to continue the exemption under this provision for vessels operating close to shore between Calumet Harbor, Illinois and Burns Harbor, Indiana.

Section 5108(b) authorizes the Secretary to issue a certificate of exemption when an exemption is granted.

Section 5108(c) requires that the certificate of exemption be maintained as required by the Secretary in a similar manner as under section 5106(b).
46 U.S.C. § 41309 (2024) — Title 46: SHIPPING / Chapter 413 / Section 41309: Enforcement of reparation orders
Enforcement of reparation orders
Status: in_force

(a) Civil Action.—If a person does not comply with an order of the Federal Maritime Commission for the payment of a refund of money or reparation, the person to which the refund or reparation was awarded may seek enforcement of the order in a district court of the United States having jurisdiction over the parties.

(b) Parties and Service of Process.—All parties in whose favor the Commission has ordered a refund of money or any other award of reparation by a single order may be joined as plaintiffs, and all other parties in the order (except for the Commission or any component of the Commission) may be joined as defendants, in a single action in a judicial district in which any one plaintiff could maintain an action against any one defendant. Service of process against a defendant not found in that district may be made in a district in which any office of that defendant is located or in which any port of call on a regular route operated by that defendant is located. Judgment may be entered for any plaintiff against the defendant liable to that plaintiff.

(c) Nature of Review.—In an action under this section, the findings and order of the Commission are prima facie evidence of the facts stated in the findings and order.

(d) Costs and Attorney Fees.—The plaintiff is not liable for costs of the action or for costs of any subsequent stage of the proceedings unless they accrue on the plaintiff's appeal. A prevailing plaintiff shall be allowed reasonable attorney fees to be assessed and collected as part of the costs of the action.

(e) Time Limit on Bringing Actions.—An action under this section to enforce an order of the Commission must be brought within 3 years after the date the order was violated.

(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1548; Pub. L. 117–146, §13, June 16, 2022, 136 Stat. 1279.)

Historical and Revision Notes

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

41309(a)
46 App.:1713(d)(1).
Pub. L. 98–237, §14(d), (e), Mar. 20, 1984, 98 Stat. 83, 84.

41309(b)
46 App.:1713(d)(3).

41309(c)
46 App.:1713(d)(2) (1st sentence 1st–23d words).

41309(d)
46 App.:1713(d)(2) (1st sentence 24th–last words, last sentence).

41309(e)
46 App.:1713(e).

Editorial Notes

Amendments

2022—Subsec. (a). Pub. L. 117–146, §13(1), substituted "a refund of money or reparation, the person to which the refund or reparation was awarded" for "reparation, the person to whom the award was made".

Subsec. (b). Pub. L. 117–146, §13(2), substituted "ordered a refund of money or any other award of reparation" for "made an award of reparation" and inserted "(except for the Commission or any component of the Commission)" after "parties in the order".
46 U.S.C. § 46108 (2024) — Title 46: SHIPPING / Chapter 461 / Section 46108: Authorization of appropriations
Authorization of appropriations
Status: in_force

There is authorized to be appropriated to the Federal Maritime Commission $32,869,000 for fiscal year 2022, $38,260,000 for fiscal year 2023, $43,720,000 for fiscal year 2024, and $49,200,000 for fiscal year 2025 for the activities of the Commission authorized under this chapter and subtitle IV.

(Added Pub. L. 114–120, title IV, §401(a), Feb. 8, 2016, 130 Stat. 67, §308; amended Pub. L. 115–282, title VII, §702, Dec. 4, 2018, 132 Stat. 4294; renumbered §46108 and amended Pub. L. 116–283, div. G, title LVXXXVI [LXXXVI], §§8602, 8605(a)(3), Jan. 1, 2021, 134 Stat. 4761, 4765; Pub. L. 117–146, §26, June 16, 2022, 136 Stat. 1286.)

Editorial Notes

Amendments

2022—Pub. L. 117–146 substituted "$32,869,000 for fiscal year 2022, $38,260,000 for fiscal year 2023, $43,720,000 for fiscal year 2024, and $49,200,000 for fiscal year 2025" for "$29,086,888 for fiscal year 2020 and $29,639,538 for fiscal year 2021".

2021—Pub. L. 116–283, §8605(a)(3), renumbered section 308 of this title as this section.

Pub. L. 116–283, §8602, substituted "$29,086,888 for fiscal year 2020 and $29,639,538 for fiscal year 2021" for "$28,012,310 for fiscal year 2018 and $28,544,543 for fiscal year 2019".

2018—Pub. L. 115–282 substituted "$28,012,310 for fiscal year 2018 and $28,544,543 for fiscal year 2019" for "$24,700,000 for each of fiscal years 2016 and 2017".
46 U.S.C. § 4104 (2024) — Title 46: SHIPPING / Chapter 41 / Section 4104: Repealed. Pub. L. 101-595, title VI, §603(3)(A), Nov. 16, 1990, 104 Stat. 2993
Repealed. Pub. L. 101-595, title VI, §603(3)(A), Nov. 16, 1990, 104 Stat. 2993
Status: repealed

[§4104. Repealed. Pub. L. 101–595, title VI, §603(3)(A), Nov. 16, 1990, 104 Stat. 2993]

Section, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 529, required Secretary to prescribe regulations to carry out provisions of this chapter.
46 U.S.C. § 55604 (2024) — Title 46: SHIPPING / Chapter 556 / Section 55604: Research on marine highway transportation
Research on marine highway transportation
Status: in_force

The Secretary of Transportation, in consultation with the Administrator of the Environmental Protection Agency, may conduct research on marine highway transportation, regarding—

(1) the economic effects of marine highway transportation on the United States economy;

(2) the effects of marine highway transportation, including with respect to the provision of additional transportation options, on rural areas;

(3) the environmental and transportation benefits to be derived from marine highway transportation alternatives for other forms of transportation;

(4) technology, vessel design, and other improvements that would reduce emissions, increase fuel economy, and lower costs of marine highway transportation and increase the efficiency of intermodal transfers; and

(5) solutions to impediments to marine highway transportation projects designated under section 55601.

(Added Pub. L. 110–140, title XI, §1121(a), Dec. 19, 2007, 121 Stat. 1761; amended Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], §8332(d)(4), (5), Jan. 1, 2021, 134 Stat. 4705; Pub. L. 117–263, div. C, title XXXV, §3521(c), Dec. 23, 2022, 136 Stat. 3078.)

Editorial Notes

Amendments

2022—Pars. (1) to (5). Pub. L. 117–263 added pars. (1) and (2) and redesignated former pars. (1) to (3) as (3) to (5), respectively.

2021—Pub. L. 116–283 substituted "marine highway" for "short sea" in section catchline and wherever appearing in text.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress.
46 U.S.C. § 70012 (2024) — Title 46: SHIPPING / Chapter 700 / Subchapter II / Section 70012: Navigational hazards
Navigational hazards
Status: in_force

(a) Reporting Procedure.—The Secretary shall establish a program to encourage fishermen and other vessel operators to report potential or existing navigational hazards involving pipelines to the Secretary through Coast Guard field offices.

(b) Secretary's Response.—

(1) Notification by the operator of a pipeline.—Upon notification by the operator of a pipeline of a hazard to navigation with respect to that pipeline, the Secretary shall immediately notify Coast Guard headquarters, the Pipeline and Hazardous Materials Safety Administration, other affected Federal and State agencies, and vessel owners and operators in the pipeline's vicinity.

(2) Notification by other persons.—Upon notification by any other person of a hazard or potential hazard to navigation with respect to a pipeline, the Secretary shall promptly determine whether a hazard exists, and if so shall immediately notify Coast Guard headquarters, the Pipeline and Hazardous Materials Safety Administration, other affected Federal and State agencies, vessel owners and operators in the pipeline's vicinity, and the owner and operator of the pipeline.

(c) Pipeline Defined.—For purposes of this section, the term "pipeline" has the meaning given the term "pipeline facility" in section 60101(a)(18) of title 49.

(Added Pub. L. 115–282, title IV, §401(a), Dec. 4, 2018, 132 Stat. 4259.)
46 U.S.C. § 107 (2024) — Title 46: SHIPPING / Chapter 1 / Section 107: Exclusive economic zone
Exclusive economic zone
Status: in_force

In this title, the term "exclusive economic zone" means the zone established by Presidential Proclamation 5030 of March 10, 1983 (16 U.S.C. 1453 note).

(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)

107
46:2101(10a).
46 U.S.C. § 57505 (2024) — Title 46: SHIPPING / Chapter 575 / Subchapter I / Section 57505: Employment of vessels on foreign trade routes
Employment of vessels on foreign trade routes
Status: in_force

(a) In General.—The Secretary of Transportation shall arrange for the employment of the Department of Transportation's vessels in steamship lines on such trade routes, exclusively serving the foreign trade of the United States, as the Secretary determines are essential for the development and maintenance of the commerce of the United States and the national defense. However, the Secretary shall first determine that those routes are not being adequately served by existing steamship lines privately owned and operated by citizens of the United States and documented under the laws of the United States.

(b) Policy To Encourage Private Operation.—The Secretary shall have a policy of encouraging private operation of each essential steamship line now owned by the United States Government by—

(1) selling the line to a citizen of the United States; or

(2) demising the Secretary's vessels on bareboat charter to citizens of the United States who agree to maintain the line in the manner provided in this chapter.

(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)

57505(a)
46 App.:1195 (1st sentence).
June 29, 1936, ch. 858, title VII, §705 (1st, 2d sentences), 49 Stat. 2009; Pub. L. 97–31, §12(107), Aug. 6, 1981, 95 Stat. 163.

57505(b)
46 App.:1195 (2d sentence).

In subsection (a), the words "As soon as practicable after June 29, 1936, and continuing thereafter" are omitted as obsolete. The words "However, the Secretary shall first determine that those routes are not being adequately served" are substituted for "Provided, That such needs are not being adequately served" for clarity and because provisos are disfavored in modern drafting.

In subsection (b)(1), the words "in the manner provided in section 7 of the Merchant Marine Act, 1920 [46 App. U.S.C. 866], and in strict accordance with the provisions of section 5 of said Act" are omitted because section 5 of that Act was repealed in 1988, and section 7 is being repealed as obsolete by this bill without being restated.
46 U.S.C. § 14303 (2024) — Title 46: SHIPPING / Chapter 143 / Section 14303: Tonnage Certificate
Tonnage Certificate
Status: in_force

(a) After measuring a vessel under this chapter, the Secretary shall issue, on request of the owner, an International Tonnage Certificate (1969) and deliver it to the owner or master of the vessel. For a vessel to which the Convention does not apply, the Secretary shall prescribe a certificate to be issued as evidence of a vessel's measurement under this chapter.

(b) The certificate issued under this section shall be maintained as required by the Secretary.

(Pub. L. 99–509, title V, §5101(3), Oct. 21, 1986, 100 Stat. 1921; Pub. L. 111–281, title III, §303(e)(1), Oct. 15, 2010, 124 Stat. 2925.)

Historical and Revision Notes

Revised section 14303

Source: International Convention on Tonnage Measurement of Ships.

Section 14303(a) requires the Secretary to issue, on the request of the owner, an International Tonnage Certificate after measuring a vessel under this chapter. Section 14303(b) requires that the certificate be maintained as required by the Secretary.

Editorial Notes

Amendments

2010—Pub. L. 111–281, §303(e)(1)(C), struck out "International" before "Tonnage" and "(1969)" after "Certificate" in section catchline.

Subsec. (a). Pub. L. 111–281, §303(e)(1)(A), inserted at end "For a vessel to which the Convention does not apply, the Secretary shall prescribe a certificate to be issued as evidence of a vessel's measurement under this chapter."

Subsec. (b). Pub. L. 111–281, §303(e)(1)(B), inserted "issued under this section" after "The certificate".
46 U.S.C. § 14306 (2024) — Title 46: SHIPPING / Chapter 143 / Section 14306: Reciprocity for foreign vessels
Reciprocity for foreign vessels
Status: in_force

(a) When the Secretary finds that the laws and regulations of a foreign country related to measurement of vessels are similar to those of this chapter and the regulations prescribed under this chapter, or when a foreign country is a party to the Convention, the Secretary shall accept the measurement and certificate of a vessel of that foreign country as complying with this chapter and the regulations prescribed under this chapter.

(b) Subsection (a) of this section does not apply to a vessel of a foreign country that does not recognize measurements under this chapter. The Secretary may apply measurement standards the Secretary considers appropriate to the vessel, subject to applicable international agreements to which the United States Government is a party.

(Pub. L. 99–509, title V, §5101(3), Oct. 21, 1986, 100 Stat. 1922.)

Historical and Revision Notes

Revised section 14306

Source: International Convention on Tonnage Measurement of Ships. Section (U.S. Code) 46 App. U.S.C. 81.

Section 14306(a) requires that the Secretary accept the measurement and certificate of a vessel of a foreign country as evidence of compliance with this chapter when the Secretary finds that the laws and regulations of that foreign country that are related to measurement are similar to those of this chapter, or that that country is a party to the Convention.

Section 14306(b) provides that the Secretary does not have to accept the measurement and certificate of a vessel of a country that does not recognize United States measurements. It also authorizes the Secretary to apply appropriate measurement standards to such foreign vessels, subject to international agreements to which the United States is a party.
46 U.S.C. § 7112 (2024) — Title 46: SHIPPING / Chapter 71 / Section 7112: Licenses of masters or mates as pilots
Licenses of masters or mates as pilots
Status: in_force

A master or mate licensed under this part who also qualifies as a pilot is not required to hold 2 licenses. Instead, the qualification of the master or mate as pilot shall be endorsed on the master's or mate's license.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 541.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

7112 
46:230

Section 7112 provides for the endorsement of a master's or mate's license as a pilot if they meet those specifications. These individuals do not have to hold two separate licenses.
46 U.S.C. § 10908 (2024) — Title 46: SHIPPING / Chapter 109 / Section 10908: Penalty for sending unseaworthy vessel to sea
Penalty for sending unseaworthy vessel to sea
Status: in_force

A person that knowingly sends or attempts to send, or that is a party to sending or attempting to send, a vessel of the United States to sea, in an unseaworthy state that is likely to endanger the life of an individual, shall be fined not more than $1,000, imprisoned for not more than 5 years, or both.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 577.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

10908 
46:658

Section 10908 provides a penalty for a person knowingly sending or attempting to send an unseaworthy vessel to sea.
46 U.S.C. § 51101 (2024) — Title 46: SHIPPING / Chapter 511 / Section 51101: Policy
Policy
Status: in_force

It is the policy of the United States that merchant marine vessels of the United States should be operated by highly trained and efficient citizens of the United States and that the United States Navy and the merchant marine of the United States should work closely together to promote the maximum integration of the total seapower forces of the United States.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1568.)

Historical and Revision Notes

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

51101
46 App.:1126–1(a) (1st sentence).
Pub. L. 94–361, title VI, §603(a) (1st sentence), July 14, 1976, 90 Stat. 929.

 
46 App.:1295 (1st sentence).
June 29, 1936, ch. 858, title XIII, §1301 (1st sentence), as added Pub. L. 96–453, §2, Oct. 15, 1980, 94 Stat. 1997.
46 U.S.C. § 80503 (2024) — Title 46: SHIPPING / Chapter 805 / Section 80503: General authority of the Secretary
General authority of the Secretary
Status: in_force

(a) In General.—The Secretary of the department in which the Coast Guard is operating shall carry out the Convention and this chapter in the United States.

(b) Regulations.—The Secretary shall prescribe regulations to carry out this chapter. The regulations shall—

(1) establish procedures for testing, inspecting, and initially approving containers and designs for containers, including procedures for attaching, invalidating, and removing safety approval plates for containers;

(2) establish procedures to be followed by the owners of containers for the periodic examination of containers as provided in the Convention; and

(3) provide a method for developing, collecting, and disseminating information about container safety and the international transport of containers.

(c) Safety Approval Plates.—If the owner of a container without a safety approval plate establishes that the container satisfies the standards of the Convention, the Secretary may authorize a safety approval plate to be attached to the container.

(d) Schedule of Fees.—The Secretary may prescribe a schedule of fees for services performed by the Secretary, or by a person delegated authority under section 80506 of this title, for the testing, inspection, and initial approval of containers and container designs.

(e) Encouraging Intermodal Transport.—To the maximum extent possible, the Secretary shall encourage the development and use of intermodal transport, using containers built to facilitate economical, safe, and expeditious handling of containerized cargo without intermediate reloading when it is being transported over land, air, and sea areas.

(Pub. L. 109–304, §11, Oct. 6, 2006, 120 Stat. 1694.)

Historical and Revision Notes

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

80503(a)
46 App.:1503(a).
Pub. L. 95–208, §4(a), (b), (c)(1), (3), (e), Dec. 13, 1977, 91 Stat. 1476, 1477.

80503(b)
46 App.:1503(b).

80503(c)
46 App.:1503(c)(1).

80503(d)
46 App.:1503(c)(3).

80503(e)
46 App.:1503(e).

In subsection (a), the words "On and after the date the instrument of ratification is deposited by the United States in accordance with the provisions of article VII of the Convention," and "and, unless an earlier date is specifically provided," are omitted as obsolete.

In subsection (b), before paragraph (1), the words "as soon as practicable after December 13, 1977" are omitted as obsolete. The word "prescribe" is substituted for "promulgate, and from time to time, amend" for consistency in the revised title and with other titles of the United States Code and to eliminate unnecessary words. The words "he deems necessary for such enforcement" and "among other things" are omitted as unnecessary. In paragraph (1), the words "existing" and "new" are omitted as obsolete.

In subsections (c) and (d), the words "At any time after December 13, 1977" are omitted as obsolete.
46 U.S.C. § 31306 (2024) — Title 46: SHIPPING / Chapter 313 / Subchapter I / Section 31306: Declaration of citizenship
Declaration of citizenship
Status: in_force

(a) Except as provided by the Secretary, when an instrument transferring an interest in a vessel is presented to the Secretary for filing or recording, the transferee shall file with the instrument a declaration, in the form the Secretary may prescribe by regulation, stating information about citizenship and other information the Secretary may require to show the transaction involved does not violate section 56102 or 56103 of this title.

(b) A declaration under this section filed by a corporation must be signed by its president, secretary, treasurer, or other official authorized by the corporation to execute the declaration.

(c) Except as provided by the Secretary, an instrument transferring an interest in a vessel is not valid against any person until the declaration required by this section has been filed.

(d) A person knowingly making a false statement of a material fact in a declaration filed under this section shall be fined under title 18, imprisoned for not more than 5 years, or both.

(Pub. L. 100–710, title I, §102(c), Nov. 23, 1988, 102 Stat. 4741; Pub. L. 101–225, title III, §303(1), Dec. 12, 1989, 103 Stat. 1923; Pub. L. 109–304, §15(27), Oct. 6, 2006, 120 Stat. 1704; Pub. L. 111–281, title IX, §913(a)(1), Oct. 15, 2010, 124 Stat. 3017.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

31306 
46:838

Section 31306(a) requires that a person submitting an instrument transferring interest in a vessel to the Secretary for recording is also to file a declaration stating information about citizenship and other information to show that the transfer is not in violation of section 9 of the Shipping Act, or section 37 of that Act in a national emergency. This section makes no substantive change to law.

Section 31306(b) requires that a declaration filed by a corporation must be signed by the president, secretary, treasurer, or other official authorized by the corporation to execute the declaration. This section makes no substantive change to law.

Section 31306(c) invalidates any instrument transferring an interest until the declaration is filed. This section makes no substantive change to law.

Section 31306(d) provides for a criminal penalty for a violation of this section. The amount of the fine is prescribed under title 18, United States Code, and may include imprisonment for not more than 5 years, or both. This section makes no substantive change to law.

Editorial Notes

Amendments

2010—Subsec. (a). Pub. L. 111–281 struck out "of Transportation" after "provided by the Secretary".

2006—Subsec. (a). Pub. L. 109–304 substituted "section 56102 or 56103 of this title" for "section 9 or 37 of the Shipping Act, 1916 (46 App. U.S.C. 808, 835)".

1989—Subsec. (a). Pub. L. 101–225, §303(1)(A), substituted "Except as provided by the Secretary of Transportation, when" for "When" and "Secretary for filing" for "Secretary of Transportation for filing".

Subsec. (c). Pub. L. 101–225, §303(1)(B), substituted "Except as provided by the Secretary, an" for "An".

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. § 30529 (2024) — Title 46: SHIPPING / Chapter 305 / Subchapter II / Section 30529: Action by owner for limitation
Action by owner for limitation
Status: in_force

(a) In General.—The owner of a vessel may bring a civil action in a district court of the United States for limitation of liability under this chapter. The action must be brought within 6 months after a claimant gives the owner written notice of a claim.

(b) Creation of Fund.—When the action is brought, the owner (at the owner's option) shall—

(1) deposit with the court, for the benefit of claimants—

(A) an amount equal to the value of the owner's interest in the vessel and pending freight, or approved security; and

(B) an amount, or approved security, that the court may fix from time to time as necessary to carry out this chapter; or

(2) transfer to a trustee appointed by the court, for the benefit of claimants—

(A) the owner's interest in the vessel and pending freight; and

(B) an amount, or approved security, that the court may fix from time to time as necessary to carry out this chapter.

(c) Cessation of Other Actions.—When an action has been brought under this section and the owner has complied with subsection (b), all claims and proceedings against the owner related to the matter in question shall cease.

(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1515, §30511; renumbered §30529, Pub. L. 117–263, div. K, title CXV, §11503(a)(3), Dec. 23, 2022, 136 Stat. 4130.)

Historical and Revision Notes

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

30511
46 App.:185.
R.S. §4285; June 5, 1936, ch. 521, §3, 49 Stat. 1480.

In subsection (a), the words "bring a civil action . . . in a district court of the United States" are substituted for "petition a district court of the United States" for consistency in the revised title and with other titles of the United States Code. See rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words "of competent jurisdiction" are omitted as unnecessary.

In subsection (b), the word "pending" before "freight" is added for consistency in the chapter. The words "to carry out this chapter" are substituted for "to carry out the provisions of section 183 of this Appendix" because of the reorganization of the source provisions.

Editorial Notes

Amendments

2022—Pub. L. 117–263 renumbered section 30511 of this title as this section.
46 U.S.C. § 10102 (2024) — Title 46: SHIPPING / Chapter 101 / Section 10102: Repealed. Pub. L. 103-206, title IV, §422(c)(1), Dec. 20, 1993, 107 Stat. 2439
Repealed. Pub. L. 103-206, title IV, §422(c)(1), Dec. 20, 1993, 107 Stat. 2439
Status: repealed

[§10102. Repealed. Pub. L. 103–206, title IV, §422(c)(1), Dec. 20, 1993, 107 Stat. 2439]

Section, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 560, related to designations and duties of shipping commissioners.
46 U.S.C. § 10709 (2024) — Title 46: SHIPPING / Chapter 107 / Section 10709: Distribution
Distribution
Status: in_force

(a)(1) If the money, property, and wages of a seaman, including proceeds from the sale of property, are not more than $1,500 in value, the court, subject to deductions it allows for expenses and at least 60 days after receiving the money, property, and wages, may deliver the money, property, and wages to a claimant proving to be—

(A) the seaman's surviving spouse or child;

(B) entitled to the money, property, and wages under the seaman's will or under a law or at common law; or

(C) entitled to secure probate, or take out letters of administration, although no probate or letters of administration have been issued.

(2) The court is released from further liability for the money, property, and wages distributed under paragraph (1) of this subsection.

(3) Instead of acting under paragraphs (1) and (2) of this subsection, the court may require probate or letters of administration to be taken out, and then deliver the money, property, and wages to the legal representative of the seaman.

(b) If the money, property, and wages are more than $1,500 in value, the court, subject to deductions for expenses, shall deliver the money, property, and wages to the legal representative of the seaman.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 574; Pub. L. 99–307, §1(15), May 19, 1986, 100 Stat. 446.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

10709 
46:627

Section 10709 instructs a district court to deliver a deceased seaman's property and wages to the proper claimant or legal representative. It also discharges the court from liability.

Editorial Notes

Amendments

1986—Subsec. (a)(1). Pub. L. 99–307, in text preceding cl. (A), substituted "than $1,500 in value, the court," for "then $1,500 in value, and" and "wages, may" for "wages, the court may".
46 U.S.C. § 12506 (2024) — Title 46: SHIPPING / Chapter 125 / Section 12506: Delegation of authority
Delegation of authority
Status: in_force

The Secretary of Transportation may delegate to an agency, a State, or a qualified person the authority to—

(1) establish and maintain the vessel identification system; and

(2) charge fees under section 12505 of this title to a person making information available to or requesting information from the vessel identification system.

(Added Pub. L. 100–710, title I, §101(a), Nov. 23, 1988, 102 Stat. 4737.)

Historical and Revision Notes

Revised section 12506

This section allows the Secretary to delegate the authority to establish and maintain the vessel identification system to an agency, a State, or a qualified person. The Secretary may also delegate the authority to charge fees under section 12505 for requesting information from or making information available to the vessel identification system.

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. § 53902 (2024) — Title 46: SHIPPING / Chapter 539 / Section 53902: Authority to provide insurance
Authority to provide insurance
Status: in_force

(a) In General.—With the approval of the President, and after such consultation with interested agencies of United States Government as the President may require, the Secretary of Transportation may provide insurance and reinsurance against loss or damage from war risks as provided by this chapter whenever it appears to the Secretary that insurance adequate for the needs of the waterborne commerce of the United States cannot be obtained on reasonable terms and conditions from companies authorized to do insurance business in a State of the United States.

(b) Consideration of Risk.—Insurance or reinsurance under this chapter shall be based, insofar as practicable, on consideration of the risk involved.

(c) Availability of Vessel During War or National Emergency.—Insurance or reinsurance for a vessel may be provided under this chapter only on the condition that the vessel will be available to the Government in time of war or national emergency.

(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)

53902
46 App.:1282.
June 29, 1936, ch. 858, title XII, §1202, as added Sept. 7, 1950, ch. 906, 64 Stat. 773; Pub. L. 101–115, §7(a), Oct. 13, 1989, 103 Stat. 694.
46 U.S.C. § 7315 (2024) — Title 46: SHIPPING / Chapter 73 / Section 7315: Training
Training
Status: in_force

(a) Graduation from a nautical school vessel approved under law and regulation may be substituted for the service requirements under section 7307 or 7314 of this title.

(b) The satisfactory completion of other courses of instruction approved by the Secretary may be substituted for not more than one-third of the required service on deck at sea under sections 7307–7311 of this title.

(c) The satisfactory completion of other courses of instruction approved by the Secretary may be substituted for not more than one-half of the required service at sea under section 7314 of this title.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 544.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

7315 
46:672(c)

Section 7315 specifies the training or course work that may be substituted for service requirements for an endorsement as an able seaman or a qualified member of the engine department.
46 U.S.C. § 55303 (2024) — Title 46: SHIPPING / Chapter 553 / Subchapter I / Section 55303: Motor vehicles owned by United States Government personnel
Motor vehicles owned by United States Government personnel
Status: in_force

Notwithstanding any other law, privately-owned American shipping services may be used to transport motor vehicles owned by personnel of the United States Government whenever transportation of those vehicles at Government expense is otherwise authorized by law.

(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)

55303
46 App.:1241(c).
June 29, 1936, ch. 858, title IX, §901(c), as added May 28, 1956, ch. 325, 70 Stat. 187.
46 U.S.C. § 7310 (2024) — Title 46: SHIPPING / Chapter 73 / Section 7310: Able seamen-offshore supply vessels
Able seamen-offshore supply vessels
Status: in_force

For service on a vessel of less than 500 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 engaged in support of exploration, exploitation, or production of offshore mineral or energy resources, an individual may be rated as able seaman—offshore supply vessels if the individual has at least 6 months' service on deck on board vessels operating on the oceans or the navigable waters of the United States (including the Great Lakes).

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 543; Pub. L. 104–324, title VII, §722, Oct. 19, 1996, 110 Stat. 3938.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

7310 
46:672(b)(3)

Section 7310 establishes the minimum service requirements for an individual to serve as able seamen—offshore supply vessels on vessels of less than 500 gross tons engaged in the exploration, exploitation, or production of offshore mineral or energy resources.

Editorial Notes

Amendments

1996—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 "500 gross tons".
46 U.S.C. § 12104 (2024) — Title 46: SHIPPING / Chapter 121 / Subchapter I / Section 12104: Applications for documentation
Applications for documentation
Status: in_force

(a) In General.—An application for a certificate of documentation or endorsement under this chapter must be filed by the owner of the vessel. The application must be filed in the manner, be in the form, and contain the information prescribed by the Secretary.

(b) Applicant's Identifying Information.—The Secretary shall require the applicant to provide—

(1) if the applicant is an individual, the individual's social security number; or

(2) if the applicant is an entity—

(A) the entity's taxpayer identification number; or

(B) if the entity does not have a taxpayer identification number, the social security number of an individual who is a corporate officer, general partner, or individual trustee of the entity and who signs the application.

(Pub. L. 109–304, §5, Oct. 6, 2006, 120 Stat. 1493.)

Historical and Revision Notes

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

12104(a)
46:12103(a) (related to filing by owner), (b)(1).

12104(b)
46:12103(b)(2).

Editorial Notes

Prior Provisions

A prior section 12104, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 586; Pub. L. 99–36, §1(a)(7)(B), May 15, 1985, 99 Stat. 67; Pub. L. 101–225, title III, §301(a)(4), Dec. 12, 1989, 103 Stat. 1920, originally derived from section 65g of former Title 46, Shipping, related to effect of documentation, prior to the general amendment of this chapter by Pub. L. 109–304. See section 12134 of this title.
46 U.S.C. § 80502 (2024) — Title 46: SHIPPING / Chapter 805 / Section 80502: Application of Convention
Application of Convention
Status: in_force

The Convention applies to an owner of a container used in international transport if the owner is domiciled or has its principal office in the United States.

(Pub. L. 109–304, §11, Oct. 6, 2006, 120 Stat. 1694.)

Historical and Revision Notes

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

80502
46 App.:1502(a) (related to application of Convention).
Pub. L. 95–208, §3(a) (related to application of Convention), Dec. 13, 1977, 91 Stat. 1476.

This section restates the applicability criteria of 46 App.:1502(a)(1) and (2) to improve the organization of the chapter.
46 U.S.C. § 30530 (2024) — Title 46: SHIPPING / Chapter 305 / Subchapter II / Section 30530: Liability as master, officer, or seaman not affected
Liability as master, officer, or seaman not affected
Status: in_force

This chapter does not affect the liability of an individual as a master, officer, or seaman, even though the individual is also an owner of the vessel.

(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1516, §30512; renumbered §30530, Pub. L. 117–263, div. K, title CXV, §11503(a)(3), Dec. 23, 2022, 136 Stat. 4130.)

Historical and Revision Notes

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

30512
46 App.:187.
R.S. §4287.

This section is substituted for the source provision for consistency with the restatement of 46 App. U.S.C. 183(a) and 189 in section 30505 and to eliminate unnecessary words. The reference in the source to particular sections is extended to include the entire chapter to simplify the reference and to conform to the obvious original policy and intent of the source provision.

Editorial Notes

Amendments

2022—Pub. L. 117–263 renumbered section 30512 of this title as this section.
46 U.S.C. § 70036 (2024) — Title 46: SHIPPING / Chapter 700 / Subchapter IV / Section 70036: Enforcement
Enforcement
Status: in_force

(a) Civil Penalty.—

(1) In general.—Any person who is found by the Secretary, after notice and an opportunity for a hearing, to have violated subchapters I through III or this subchapter or a regulation issued under subchapters I through III or this subchapter shall be liable to the United States for a civil penalty, not to exceed $25,000 for each violation. Each day of a continuing violation shall constitute a separate violation. The amount of such civil penalty shall be assessed by the Secretary, or the Secretary's designee, by written notice. In determining the amount of such penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require.

(2) Compromise, modification, or remission.—The Secretary may compromise, modify, or remit, with or without conditions, any civil penalty that is subject to imposition or that has been imposed under this section.

(3) Failure to pay penalty.—If any person fails to pay an assessment of a civil penalty after it has become final, the Secretary may refer the matter to the Attorney General of the United States, for collection in any appropriate district court of the United States.

(b) Criminal Penalty.—

(1) Class d felony.—Any person who willfully and knowingly violates subchapters I through III or this subchapter or any regulation issued thereunder commits a class D felony.

(2) Class c felony.—Any person who, in the willful and knowing violation of subchapters I through III or this subchapter or of any regulation issued thereunder, uses a dangerous weapon, or engages in conduct that causes bodily injury or fear of imminent bodily injury to any officer authorized to enforce the provisions of such a subchapter or the regulations issued under such subchapter, commits a class C felony.

(c) In Rem Liability.—Any vessel that is used in violation of subchapters I, II, or III or this subchapter, or any regulations issued under such subchapter, shall be liable in rem for any civil penalty assessed pursuant to subsection (a) and may be proceeded against in the United States district court for any district in which such vessel may be found.

(d) Injunction.—The United States district courts shall have jurisdiction to restrain violations of subchapter I, II, or III or this subchapter or of regulations issued under such subchapter, for cause shown.

(e) Denial of Entry.—Except as provided in section 70021 or 70022, the Secretary may, subject to recognized principles of international law, deny entry by any vessel that is not in compliance with subchapter I, II, or III or this subchapter or the regulations issued under such subchapter—

(1) into the navigable waters of the United States; or

(2) to any port or place under the jurisdiction of the United States.

(f) Withholding of Clearance.—

(1) In general.—If any owner, operator, or individual in charge of a vessel is liable for a penalty or fine under this section, or if reasonable cause exists to believe that the owner, operator, or individual in charge may be subject to a penalty or fine under this section, the Secretary of the Treasury, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance required by section 60105 of title 46.

(2) Granting clearance refused or revoked.—Clearance refused or revoked under this subsection may be granted upon filing of a bond or other surety satisfactory to the Secretary.

(Added Pub. L. 115–282, title IV, §401(a), Dec. 4, 2018, 132 Stat. 4262; amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §§8507(a)(9), 8508(2)(B), Jan. 1, 2021, 134 Stat. 4753, 4755.)

Editorial Notes

Amendments

2021—Pub. L. 116–283, §8507(a)(9), substituted "I through III" for "A through C" and "I, II, or III" for "A, B, or C" wherever appearing.

Subsec. (e). Pub. L. 116–283, §8508(2)(B), inserted "or 70022" after "section 70021" in introductory provisions.
46 U.S.C. § 42302 (2024) — Title 46: SHIPPING / Chapter 423 / Section 42302: Investigations
Investigations
Status: in_force

(a) In General.—The Federal Maritime Commission shall investigate whether any laws, rules, regulations, policies, or practices of a foreign government, or any practices of a foreign carrier or other person providing maritime or maritime-related services in a foreign country, result in the existence of conditions that—

(1) adversely affect the operations of United States carriers in United States oceanborne trade; and

(2) do not exist for foreign carriers of that country in the United States under the laws of the United States or as a result of acts of United States carriers or other persons providing maritime or maritime-related services in the United States.

(b) Initiation of Investigation.—An investigation under subsection (a) may be initiated by the Commission on its own motion or on the petition of any person, including another component of the United States Government.

(c) Time for Decision.—The Commission shall complete an investigation under this section and render a decision within 120 days after it is initiated. However, the Commission may extend this 120-day period for an additional 90 days if the Commission is unable to obtain sufficient information to determine whether a condition specified in subsection (a) exists. A notice providing an extension shall state clearly the reasons for the extension.

(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1552.)

Historical and Revision Notes

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

42302(a)
46 App.:1710a(b).
Pub. L. 100–418, title X, §10002(b), (c), Aug. 23, 1988, 102 Stat. 1570; Pub. L. 105–258, title I, §111(4), Oct. 14, 1998, 112 Stat. 1911.

42302(b)
46 App.:1710a(c)(1).

42302(c)
46 App.:1710a(c)(2).

In subsection (b), the words "including another component of the United States Government" are substituted for "including any common carrier, shipper, shippers' association, ocean transportation intermediary, or marine terminal operator, or any branch, department, agency, or other component of the Government of the United States" for consistency with section 42101(b) of the revised title and to eliminate unnecessary words.
46 U.S.C. § 31307 (2024) — Title 46: SHIPPING / Chapter 313 / Subchapter I / Section 31307: State statutes superseded
State statutes superseded
Status: in_force

This chapter supersedes any State statute conferring a lien on a vessel to the extent the statute establishes a claim to be enforced by a civil action in rem against the vessel for necessaries.

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

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

31307 
46:975

Section 31307 provides for preemption of State laws to the extent a claim for necessaries is enforced by a civil action in rem in admiralty against the vessel.

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. § 10302 (2024) — Title 46: SHIPPING / Chapter 103 / Section 10302: Shipping articles agreements
Shipping articles agreements
Status: in_force

(a) The owner, charterer, managing operator, master, or individual in charge shall make a shipping agreement in writing with each seaman before the seaman commences employment.

(b) The agreement shall contain the following:

(1) the nature, and, as far as practicable, the duration of the intended voyage, and the port or country in which the voyage is to end.

(2) the number and description of the crew and the capacity in which each seaman is to be engaged.

(3) the time at which each seaman is to be on board to begin work.

(4) the amount of wages each seaman is to receive.

(5) regulations about conduct on board, and information on fines, short allowance of provisions, and other punishment for misconduct provided by law.

(6) a scale of the provisions that are to be provided each seaman.

(7) any stipulation in reference to advances and allotments of wages.

(8) other matters not contrary to law.

(c) Each shipping agreement must be signed by the master or individual in charge or a representative of the owner, charterer, or managing operator, and by each seaman employed.

(d) The owner, charterer, managing operator, master, or individual in charge shall maintain the shipping agreement and make the shipping agreement available to the seaman.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 561; Pub. L. 103–206, title IV, §401, Dec. 20, 1993, 107 Stat. 2435.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

10302 
46:564

Section 10302 requires the master to make a shipping agreement with each crew member and lists the information that must be included in the agreement.

Editorial Notes

Amendments

1993—Subsec. (a). Pub. L. 103–206, §401(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "Before proceeding on a voyage, the master of a vessel to which this chapter applies shall make a shipping articles agreement in writing with each seaman in the crew."

Subsecs. (c), (d). Pub. L. 103–206, §401(2), added subsecs. (c) and (d).
46 U.S.C. § 53724 (2024) — Title 46: SHIPPING / Chapter 537 / Subchapter II / Section 53724: Rights to secured property
Rights to secured property
Status: in_force

(a) Acquisition of Security Rights.—When the Secretary or Administrator makes a payment on, or assumes, an obligation under section 53721 or 53722 of this title, the Secretary or Administrator acquires the rights under the security agreement with the obligor in the security held by the Secretary or Administrator to guarantee the obligation.

(b) Use and Disposition of Secured Property.—Notwithstanding any other law relating to the acquisition, handling, or disposal of property by the United States Government, the Secretary or Administrator has the right, in the Secretary's or Administrator's discretion, to complete, reconstruct, recondition, renovate, repair, maintain, operate, charter, or sell any property acquired under a security agreement with an obligor, or to place a vessel so acquired in the National Defense Reserve Fleet. The terms of a sale under this subsection shall be as approved by the Secretary or Administrator.

(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), (11), (b), Jan. 28, 2008, 122 Stat. 598.)

Historical and Revision Notes

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

53724
46 App.:1275(c).
June 29, 1936, ch. 858, title XI, §1105(c), 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. 914; Pub. L. 97–31, §12(136), Aug. 6, 1981, 95 Stat. 166; Pub. L. 98–595, §1(10), Oct. 30, 1984, 98 Stat. 3131.

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), (11), 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 and, in subsec. (b), "or Administrator's" after "Secretary's". 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(c) 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. § 12101 (2024) — Title 46: SHIPPING / Chapter 121 / Subchapter I / Section 12101: Definitions
Definitions
Status: in_force

(a) Rebuilt in the United States.—In this chapter, a vessel is deemed to have been rebuilt in the United States only if the entire rebuilding, including the construction of any major component of the hull or superstructure, was done in the United States.

(b) Related Terms in Other Laws.—When the following terms are used in a law, regulation, document, ruling, or other official act referring to the documentation of a vessel, the following definitions apply:

(1) Registry endorsement.—The terms "certificate of registry", "register", and "registry" mean a certificate of documentation with a registry endorsement issued under this chapter.

(2) Coastwise endorsement.—The terms "license", "enrollment and license", "license for the coastwise (or coasting) trade", and "enrollment and license for the coastwise (or coasting) trade" mean a certificate of documentation with a coastwise endorsement issued under this chapter.

(3) Yacht.—The term "yacht" means a recreational vessel even if not documented.

(Pub. L. 109–304, §5, Oct. 6, 2006, 120 Stat. 1491.)

Historical and Revision Notes

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

12101(a)
46:12101(a)(2).

 
46 App.:883 (2d proviso related to meaning of "rebuilt").
June 5, 1920, ch. 250, §27 (2d proviso related to meaning of "rebuilt"), 41 Stat. 999; July 2, 1935, ch. 355, 49 Stat. 442; July 14, 1956, ch. 600, §1, 70 Stat. 544; Pub. L. 86–583, §1, July 5, 1960, 74 Stat. 321; Pub. L. 100–239, §6(c)(1), Jan. 11, 1988, 101 Stat. 1782.

12101(b)
46:12101(b).

In subsection (a), the words "its territories" and "or its possessions" are omitted because of the definition of "United States" in chapter 1 of the revised title. The words "(not including trust territories)" are omitted because the Trust Territory of the Pacific Islands has terminated. See 48 U.S.C. 1681 note prec.

Editorial Notes

Prior Provisions

A prior section 12101, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 585; Pub. L. 98–364, title IV, §402(16), July 17, 1984, 98 Stat. 450; Pub. L. 99–36, §1(a)(7)(B), May 15, 1985, 99 Stat. 67; Pub. L. 100–239, §3(2), (3), Jan. 11, 1988, 101 Stat. 1778; Pub. L. 101–225, title III, §301(a)(1), Dec. 12, 1989, 103 Stat. 1920; Pub. L. 104–324, title XI, §1115(b)(2), Oct. 19, 1996, 110 Stat. 3972, originally derived from section 65w of former Title 46, Shipping, related to definitions and related terms in other laws, prior to the general amendment of this chapter by Pub. L. 109–304. See this section and section 108 of this title.
46 U.S.C. § 8704 (2024) — Title 46: SHIPPING / Chapter 87 / Section 8704: Alien deemed to be employed in the United States
Alien deemed to be employed in the United States
Status: in_force

An alien is deemed to be employed in the United States for purposes of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) if the alien is an unlicensed individual employed on a fishing, fish processing, or fish tender vessel that—

(1) is a vessel of the United States engaged in the fisheries in the navigable waters of the United States or the exclusive economic zone; and

(2) is not engaged in fishing exclusively for highly migratory species (as that term is defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802).

(Added Pub. L. 100–239, §5(f)(1), Jan. 11, 1988, 101 Stat. 1781; amended Pub. L. 104–208, div. A, title I, §101(a) [title II, §211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41.)

Editorial Notes

Amendments

1996—Par. (2). Pub. L. 104–208 substituted "Magnuson-Stevens Fishery" for "Magnuson Fishery".

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Pub. L. 104–208, div. A, title I, §101(a) [title II, §211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that the amendment made by that section is effective 15 days after Oct. 11, 1996.

Construction

Pub. L. 100–239, §5(f)(3), Jan. 11, 1988, 101 Stat. 1781, provided that: "With respect to an alien who is deemed to be employed in the United States under section 8704 of title 46, United States Code (as amended by this subsection), the term 'date of the enactment of this section' [translated as "November 6, 1986"] as used in section 274A(i) of the Immigration and Nationality Act [former 8 U.S.C. 1324a(i)] means the date 180 days after the enactment of this section [Jan. 11, 1988]."
46 U.S.C. § 7317 (2024) — Title 46: SHIPPING / Chapter 73 / Section 7317: Tankermen
Tankermen
Status: in_force

(a) The Secretary shall prescribe procedures, standards, and qualifications for the issuance of certificates or endorsements as tankerman, stating the types of oil or hazardous material that can be handled with safety to the vessel and the marine environment.

(b) An endorsement as tankerman shall indicate the grades or types of cargo the holder is qualified and authorized to handle with safety on board vessels.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 545.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

7317(a) 
46:391a(10)(C)

Section 7317(a) establishes the minimum standards an individual must meet in order to qualify for an endorsement as tankerman for various types of oil or hazardous substances.

Subsection (b) specifies that the tankerman's endorsement must specify the grades or types of cargo the holder is qualified and allowed to handle.
46 U.S.C. § 60101 (2024) — Title 46: SHIPPING / Chapter 601 / Section 60101: Boarding arriving vessels before inspection
Boarding arriving vessels before inspection
Status: in_force

(a) Regulations.—The Secretary of Homeland Security shall prescribe and enforce regulations on the boarding of a vessel arriving at a port of the United States before the vessel has been inspected and secured.

(b) Criminal Penalty.—A person violating a regulation prescribed under this section shall be fined under title 18, imprisoned for not more than 6 months, or both.

(c) Relationship to Other law.—This section shall be construed as supplementary to section 2279 of title 18.

(Pub. L. 109–304, §9(b), Oct. 6, 2006, 120 Stat. 1674.)

Historical and Revision Notes

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

60101
46 App.:163.
Mar. 31, 1900, ch. 120, §§1–3, 31 Stat. 58.

In subsection (a), the Secretary of Homeland Security is substituted for the Commissioner of Customs 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). The functions of the Commissioner of Customs previously were vested in the Secretary of the Treasury under section 321(c) of title 31. For prior related transfers of functions, see the transfer of functions note under 46 App. U.S.C. 163. The word "shall" is substituted for "is authorized and directed to" for consistency in the revised title and to eliminate unnecessary words. The word "port" is substituted for "seaports" for consistency in the revised title. The word "secured" is substituted for "placed in security" to eliminate unnecessary words. The words "from time to time", "properly", and "and for that purpose to employ any of the officers of the United States Customs Service" are omitted as unnecessary.

In subsection (b), the words "fined under title 18, imprisoned for not more than 6 months, or both" are substituted for "subject to a penalty of not more than $100 or imprisonment not to exceed six months, or both" because of chapter 227 of title 18. The words "in the discretion of the court" are omitted as unnecessary.

In subsection (c), the words "section 2279 of title 18" are substituted for "section forty-six hundred and six of the Revised Statutes" in the Act of Mar. 31, 1900, because R.S. §4606 (formerly classified to 46 U.S.C. 708 (1946 ed.)) was replaced by 18 U.S.C. 2279 in the codification of title 18 by the Act of June 25, 1948 (ch. 645, 62 Stat. 683). The words "section 9 of act August 2, 1882 (22 Stat. 189)" are omitted because that law was repealed by section 4(b) of Public Law 98–89 (Aug. 26, 1983, 97 Stat. 600).
46 U.S.C. § 11204 (2024) — Title 46: SHIPPING / Chapter 112 / Section 11204: Processing fees
Processing fees
Status: in_force

(a) Collection of Fees.—The Secretary, or in the case of personnel of the Army Transport Service or the Naval Transport Service, the Secretary of Defense, shall collect a fee of $30 from each applicant for processing an application submitted under section 11203(a) of this title.

(b) Treatment of Fees Collected.—Amounts received by the Secretary under this section shall be deposited in the General Fund of the Treasury as offsetting receipts of the department in which the Coast Guard is operating and ascribed to Coast Guard activities. Amounts received by the Secretary of Defense under this section shall be deposited in the General Fund of the Treasury as offsetting receipts of the Department of Defense. In either case, such amounts shall be available, subject to appropriation, for the administrative costs of processing applications under section 11203 of this title.

(Added Pub. L. 105–368, title IV, §402(a), Nov. 11, 1998, 112 Stat. 3337.)

Statutory Notes and Related Subsidiaries

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. § 12304 (2024) — Title 46: SHIPPING / Chapter 123 / Section 12304: Certificates of numbers
Certificates of numbers
Status: in_force

(a) A certificate of number is granted for a number issued under this chapter. The certificate shall be at all times available for inspection on the vessel for which issued when the vessel is in operation, and may be in hard copy or digital form. Any certificate issued in hard copy under this section shall be pocketsized. The certificate shall be valid for not more than 3 years. The certificate of number for a vessel less than 26 feet in length and leased or rented to another for the latter's noncommercial operation of less than 7 days may be retained on shore by the vessel's owner or representative at the place from which the vessel departs or returns to the possession of the owner or the owner's representative. A vessel that does not have the certificate of number on board shall be identified when in operation, and comply with requirements, as the issuing authority prescribes.

(b) The owner of a vessel numbered under this chapter shall provide—

(1) the issuing authority notice of the transfer of any part of the owner's interest in the vessel or of the destruction or abandonment of the vessel, within a reasonable time after the transfer, destruction, or abandonment; and

(2) notice of a change of address within a reasonable time of the change, as prescribed by regulation.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 591; Pub. L. 117–263, div. K, title CXV, §11506, Dec. 23, 2022, 136 Stat. 4136.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

12304 
46:1469

Section 12304 describes a certificate of number and stipulates when it must be carried on board a vessel. It also requires that the number issuing authority be notified when a boat is sold, transferred, destroyed, or abandoned, or when the owner's address changes.

Editorial Notes

Amendments

2022—Subsec. (a). Pub. L. 117–263 struck out "shall be pocketsized," after "this chapter. The certificate" and inserted "in hard copy or digital form. Any certificate issued in hard copy under this section shall be pocketsized. The certificate shall be" after "operation, and may be".
46 U.S.C. § 57112 (2024) — Title 46: SHIPPING / Chapter 571 / Section 57112: Requirements for purchasing federally auctioned vessels
Requirements for purchasing federally auctioned vessels
Status: in_force

(a) In General.—To be eligible to purchase a covered vessel from the Federal Government, a person shall provide proof of—

(1) liability insurance for the operator of such covered vessel;

(2) financial resources sufficient to cover maintenance costs of such covered vessel; and

(3) with respect to a covered vessel requiring documentation under chapter 121, an admiralty bond or stipulation.

(b) Covered Vessel Defined.—In this section, the term "covered vessel" means—

(1) a government owned vessel disposed of in accordance with this part and section 548 of title 40;

(2) a vessel seized or forfeited pursuant to any law, and auctioned by the Federal Government, including a vessel seized or forfeited pursuant to section 7301 or 7302 of the Internal Revenue Code of 1986; or

(3) a fishing vessel seized or forfeited pursuant to section 310 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1860).

(Added Pub. L. 118–159, div. C, title XXXV, §3532(a), Dec. 23, 2024, 138 Stat. 2312.)

Editorial Notes

References in Text

Sections 7301 and 7302 of the Internal Revenue Code of 1986, referred to in subsec. (b)(2), are classified to sections 7301 and 7302, respectively, of Title 26, Internal Revenue Code.
46 U.S.C. § 60108 (2024) — Title 46: SHIPPING / Chapter 601 / Section 60108: Duty to transport tendered cargo
Duty to transport tendered cargo
Status: in_force

Clearance may be refused to a vessel or vehicle transporting cargo destined for a domestic or foreign port when the owner, master, or other individual in charge refuses to accept cargo tendered in good condition, with proper charges, for the same or an intermediate port by a citizen of the United States. This section does not apply if the vessel or vehicle is already fully loaded (giving appropriate consideration to its proper loading) or is not adaptable to transport the tendered cargo.

(Pub. L. 109–304, §9(b), Oct. 6, 2006, 120 Stat. 1676.)

Historical and Revision Notes

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

60108
46 App.:834.
Sept. 7, 1916, ch. 451, §36, 39 Stat. 738.

Only the word "cargo" is used, instead of "merchandise", "freight", and "cargo", for consistency in the section.
46 U.S.C. § 12120 (2024) — Title 46: SHIPPING / Chapter 121 / Subchapter II / Section 12120: Liquified gas tankers
Liquified gas tankers
Status: in_force

Notwithstanding any agreement with the United States Government, the Secretary may issue a certificate of documentation with a coastwise endorsement for a vessel to transport liquified natural gas or liquified petroleum gas to Puerto Rico from other ports in the United States, if the vessel—

(1) is a foreign built vessel that was built before October 19, 1996; or

(2) was documented under this chapter before that date, even if the vessel is placed under a foreign registry and subsequently redocumented under this chapter for operation under this section.

(Pub. L. 109–304, §5, Oct. 6, 2006, 120 Stat. 1504.)

Historical and Revision Notes

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

12120
46 App.:883 note.
Pub. L. 104–324, title VII, §1120(f), Oct. 19, 1996, 110 Stat. 3978.

The words "Notwithstanding section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883), section 12106 of title 46, United States Code, section 506 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1156)" are omitted as unnecessary. The words "the Commonwealth of" are omitted as unnecessary and for consistency in the revised title.

Editorial Notes

Prior Provisions

A prior section 12120, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 589; Pub. L. 100–710, title I, §104(a)(4), Nov. 23, 1988, 102 Stat. 4750; Pub. L. 108–293, title IV, §401, Aug. 9, 2004, 118 Stat. 1042; Pub. L. 109–241, title III, §308, July 11, 2006, 120 Stat. 528, originally derived from section 65t of former Title 46, Shipping, related to reports, prior to the general amendment of this chapter by Pub. L. 109–304. See section 12139 of this title.
46 U.S.C. § 4701 (2024) — Title 46: SHIPPING / Chapter 47 / Section 4701: Definitions
Definitions
Status: in_force

In this chapter—

(1) "abandon" means to moor, strand, wreck, sink, or leave a barge of more than 100 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 unattended for longer than forty-five days.

(2) "barge removal contractor" means a person that enters into a contract with the United States to remove an abandoned barge under this chapter.

(3) "navigable waters of the United States" means waters of the United States, including the territorial sea.

(4) "removal" or "remove" means relocation, sale, scrapping, or other method of disposal.

(Added Pub. L. 102–587, title V, §5302, Nov. 4, 1992, 106 Stat. 5081; amended Pub. L. 104–324, title VII, §718, Oct. 19, 1996, 110 Stat. 3937.)

Editorial Notes

Amendments

1996—Par. (1). 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 "100 gross tons".

Statutory Notes and Related Subsidiaries

Application to Certain Barges

Pub. L. 102–587, title V, §5303, Nov. 4, 1992, 106 Stat. 5083, provided that: "Chapter 47 of title 46, United States Code, as added by subsection (a) [section 5302], does not apply to a barge abandoned before June 11, 1992, if the barge was removed before the date that is 1 year after the date of enactment of this title [Nov. 4, 1992]."

Executive Documents

Territorial Sea of United States

For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands.
46 U.S.C. § 4106 (2024) — Title 46: SHIPPING / Chapter 41 / Section 4106: Penalties
Penalties
Status: in_force

If a vessel to which this chapter applies is operated in violation of this chapter or a regulation prescribed under this chapter, the owner, charterer, managing operator, agent, master, and individual in charge are each liable to the United States Government for a civil penalty of not more than $5,000. The vessel also is liable in rem for the penalty.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 529; Pub. L. 100–540, §3, Oct. 28, 1988, 102 Stat. 2719.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

4106 
46:526o

Section 4106 provides a civil penalty of $100 for a violation of this chapter or a regulation under this chapter. The vessel also is liable in rem.

Editorial Notes

Amendments

1988—Pub. L. 100–540 substituted "not more than $5,000" for "$100".
46 U.S.C. § 70107A (2024) — Title 46: SHIPPING / Chapter 701 / Subchapter I / Section 70107A: Repealed. Pub. L. 115-254, div. J, §1809(a)(1), Oct. 5, 2018, 132 Stat. 3537
Repealed. Pub. L. 115-254, div. J, §1809(a)(1), Oct. 5, 2018, 132 Stat. 3537
Status: repealed

[§70107A. Repealed. Pub. L. 115–254, div. J, §1809(a)(1), Oct. 5, 2018, 132 Stat. 3537]

Section, added Pub. L. 109–347, title I, §108(a), Oct. 13, 2006, 120 Stat. 1892; amended Pub. L. 111–281, title VIII, §§803, 824, Oct. 15, 2010, 124 Stat. 2990, 3003, related to interagency operational centers for port security.

Statutory Notes and Related Subsidiaries

Savings Clause

Pub. L. 115–254, div. J, §1809(a)(2), Oct. 5, 2018, 132 Stat. 3537, provided that: "A repeal made by this subsection [repealing this section] shall not affect an interagency operational center established before the date of enactment of this Act [Oct. 5, 2018]."

Notice to Congress

Pub. L. 115–254, div. J, §1809(a)(3), Oct. 5, 2018, 132 Stat. 3537, provided that: "The Secretary of Homeland Security shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives at least 1 year before ceasing operations of any interagency operational center established before the date of enactment of the Security and Accountability for Every Port Act of 2006 (Public Law 109–347; 120 Stat. 1884) [Oct. 13, 2006]."

Report Requirement

Pub. L. 109–347, title I, §108(b), Oct. 13, 2006, 120 Stat. 1893, as amended by Pub. L. 115–254, div. J, §1809(c)(2), Oct. 5, 2018, 132 Stat. 3538, related to continued compliance with requirements of section 807 of Pub. L. 108–293 (118 Stat. 1082). Amendment by Pub. L. 115–254 substituted "[Reserved]." for text of subsec. (b).
46 U.S.C. § 12114 (2024) — Title 46: SHIPPING / Chapter 121 / Subchapter II / Section 12114: Recreational endorsement
Recreational endorsement
Status: in_force

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

(b) Authorized Activity.—A vessel operating under a recreational endorsement may be operated only for pleasure.

(c) Application of Customs Laws.—A vessel for which a recreational endorsement is issued may proceed between a port of the United States and a port of a foreign country without entering or clearing with the Secretary of Homeland Security. However, a recreational vessel is subject to the requirements for reporting arrivals under section 433 of the Tariff Act of 1930 (19 U.S.C. 1433), and individuals on the vessel are subject to applicable customs regulations.

(Pub. L. 109–304, §5, Oct. 6, 2006, 120 Stat. 1498.)

Historical and Revision Notes

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

12114(a)
46:12109(a).

12114(b)
46:12109(c).

 
46:12110(c).

12114(c)
46:12109(b).

In subsection (c), 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).

Editorial Notes

Prior Provisions

A prior section 12114, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 589; Pub. L. 99–36, §1(a)(8), May 15, 1985, 99 Stat. 67, originally derived from section 65c of former Title 46, Shipping, related to home ports, prior to being repealed by Pub. L. 100–710, title I, §§106(b)(5), 107(a), Nov. 23, 1988, 102 Stat. 4752, effective Jan. 1, 1989.

Statutory Notes and Related Subsidiaries

Documentation of Recreational Vessels

Pub. L. 115–282, title VIII, §826, Dec. 4, 2018, 132 Stat. 4314, provided that: "Coast Guard personnel performing nonrecreational vessel documentation functions under subchapter II of chapter 121 of title 46, United States Code, may perform recreational vessel documentation under section 12114 of such title in any fiscal year in which—

"(1) funds available for Coast Guard operating expenses may not be used for expenses incurred for recreational vessel documentation;

"(2) fees collected from owners of yachts and credited to such use are insufficient to pay expenses of recreational vessel documentation; and

"(3) there is a backlog of applications for recreational vessel documentation."
46 U.S.C. § 51501 (2024) — Title 46: SHIPPING / Chapter 515 / Section 51501: General support program
General support program
Status: in_force

(a) Assistance to State Maritime Academies.—The Secretary of Transportation shall cooperate with and assist State maritime academies in providing instruction to individuals to prepare them for service in the merchant marine of the United States.

(b) Course Development.—The Secretary shall provide to each State maritime academy guidance and assistance in developing courses on the operation and maintenance of new vessels, on equipment, and on innovations being introduced to the merchant marine of the United States.

(c) American Maritime Centers of Excellence.—The Secretary shall designate each State maritime academy as an American Maritime Center of Excellence.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1577; Pub. L. 116–92, div. C, title XXXV, §3505, Dec. 20, 2019, 133 Stat. 1970.)

Historical and Revision Notes

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

51501(a)
46 App.:1295c(a).
June 29, 1936, ch. 858, title XIII, §1304(a), (d)(2), as added Pub. L. 96–453, §2, Oct. 15, 1980, 94 Stat. 2003, 2004.

51501(b)
46 App.:1295c(d)(2).

Editorial Notes

Amendments

2019—Subsec. (c). Pub. L. 116–92 added subsec. (c).
46 U.S.C. § 10707 (2024) — Title 46: SHIPPING / Chapter 107 / Section 10707: Repealed. Pub. L. 103-206, title IV, §420(a), Dec. 20, 1993, 107 Stat. 2438
Repealed. Pub. L. 103-206, title IV, §420(a), Dec. 20, 1993, 107 Stat. 2438
Status: repealed

[§10707. Repealed. Pub. L. 103–206, title IV, §420(a), Dec. 20, 1993, 107 Stat. 2438]

Section, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 573, related to delivery to district court of money, property, and wages of a deceased seaman.
46 U.S.C. § 51506 (2024) — Title 46: SHIPPING / Chapter 515 / Section 51506: Conditions to receiving payments and use of vessels
Conditions to receiving payments and use of vessels
Status: in_force

(a) General Conditions.—As conditions of receiving an annual payment or the use of a vessel under this chapter, a State maritime academy shall—

(1) provide courses of instruction on navigation, marine engineering (including steam and diesel propulsion), the operation and maintenance of new vessels and equipment, and innovations being introduced to the merchant marine of the United States;

(2) agree in writing to conform to the standards for courses, training facilities, admissions, and instruction that the Secretary of Transportation may establish after consultation with the superintendents of State maritime academies, which shall include standards for a program described in subsection (c);

(3) agree in writing to require, as a condition for graduation, that each individual who is a citizen of the United States and who is attending the academy in a merchant marine officer preparation program pass the examination required for the issuance of a license under section 7101 of this title; and

(4) agree that any individual enrolled at such State maritime academy in a merchant marine officer preparation program—

(A) shall, not later than 9 months after such individual's date of enrollment, pass an examination in form and substance satisfactory to the Secretary that demonstrates that such individual meets the medical and physical requirements—

(i) required for the issuance of an original license under section 7101; or

(ii) set by the Coast Guard for issuing merchant mariners' documentation under section 7302, with no limit to the individual's operational authority;

(B) following passage of the examination under subparagraph (A), shall continue to meet the requirements described in subparagraph (A) throughout the remainder of the individual's enrollment at the State maritime academy; and

(C) if the individual has a medical or physical condition that disqualifies the individual from meeting the requirements referred to in subparagraph (A), shall be transferred to a program other than a merchant marine officer preparation program, or otherwise appropriately disenrolled from such State maritime academy, until the individual demonstrates to the Secretary that the individual meets such requirements.

(b) Additional Condition to Payments of More Than $25,000.—As a condition of receiving an annual payment of more than $25,000 under section 51505 of this title, a State maritime academy also must agree to admit each year a number of citizens of the United States who meet its admission requirements and reside in a State not supporting that academy. The Secretary shall determine the number of individuals to be admitted by each academy under this subsection. The number may not be more than one-third of the total number of individuals attending the academy at any time.

(c) Armed Forces Merchant Mariner Officer Expedited Preparation Program.—

(1) In general.—A State maritime academy may offer a program under which an eligible individual may complete a merchant marine officer preparation program approved by the Secretary, and the requirements for the issuance of a license under section 7101 of this title, in less than 3 years, without a requirement to earn a baccalaureate or other degree from the State maritime academy.

(2) Eligible individuals.—For purposes of this subsection, an eligible individual is an individual—

(A) who is—

(i) a person who served in the Armed Forces, and who was discharged or released therefrom under honorable conditions; or

(ii) a member of the National Guard or Reserves who has performed at least six years of service therein; and

(B) who has earned a baccalaureate degree from an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)).

(d) Secretarial Waiver Authority.—The Secretary may modify or waive any of the terms set forth in subsection (a)(4) with respect to any individual or State maritime academy.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1579; Pub. L. 114–328, div. C, title XXXV, §3515, Dec. 23, 2016, 130 Stat. 2788; Pub. L. 118–159, div. C, title XXXV, §3534, Dec. 23, 2024, 138 Stat. 2313.)

Historical and Revision Notes

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

51506
46 App.:1295c(f).
June 29, 1936, ch. 858, title XIII, §1304(f), as added Pub. L. 96–453, §2, Oct. 15, 1980, 94 Stat. 2004; Pub. L. 101–115, §3(a), Oct. 13, 1989, 103 Stat. 692.

In subsection (a)(3), the words "administered by the Coast Guard" are omitted as unnecessary.

Editorial Notes

Amendments

2024—Subsec. (a)(2). Pub. L. 118–159, §3534(1), inserted before semicolon at end ", which shall include standards for a program described in subsection (c)".

Subsecs. (c), (d). Pub. L. 118–159, §3534(2), (3), added subsec. (c) and redesignated former subsec. (c) as (d).

2016—Subsec. (a). Pub. L. 114–328, §3515(1)(A), substituted "shall" for "must" in introductory provisions.

Subsec. (a)(4). Pub. L. 114–328, §3515(1)(B)–(D), added par. (4).

Subsec. (c). Pub. L. 114–328, §3515(2), added subsec. (c).
46 U.S.C. § 40503 (2024) — Title 46: SHIPPING / Chapter 405 / Section 40503: Refunds and waivers
Refunds and waivers
Status: in_force

The Federal Maritime Commission, on application of a carrier or shipper, may permit a common carrier or conference to refund a portion of the freight charges collected from a shipper, or to waive collection of a portion of the charges from a shipper, if—

(1) there is an error in a tariff, a failure to publish a new tariff, or an error in quoting a tariff, and the refund or waiver will not result in discrimination among shippers, ports, or carriers;

(2) the common carrier or conference, before filing an application for authority to refund or waive any charges for an error in a tariff or a failure to publish a tariff, has published a new tariff setting forth the rate on which the refund or waiver would be based; and

(3) the application for the refund or waiver is filed with the Commission within 180 days from the date of shipment.

(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)

40503
46 App.:1707(e).
Pub. L. 98–237, §8(e), Mar. 20, 1984, 98 Stat. 75; Pub. L. 105–258, title I, §106(d), Oct. 14, 1998, 112 Stat. 1907.

In paragraph (1), the words "an error in a tariff, a failure to publish a new tariff" are substituted for "an error in a, in failing to publish a new tariff" to correct an obvious error in the underlying statute.

In paragraph (2), the words "or waive" are added for consistency with the reference to a waiver later in the paragraph.
46 U.S.C. § 80106 (2024) — Title 46: SHIPPING / Chapter 801 / Section 80106: International agreement on derelicts
International agreement on derelicts
Status: in_force

The President may make an international agreement with other governments interested in the navigation of the North Atlantic Ocean, providing for the reporting, marking, and removal of dangerous wrecks, derelicts, and other menaces to navigation outside the coast waters of the countries bordering the North Atlantic Ocean.

(Pub. L. 109–304, §11, Oct. 6, 2006, 120 Stat. 1691.)

Historical and Revision Notes

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

80106
46 App.:726.
Oct. 31, 1893, No. 13, 28 Stat. 13.
46 U.S.C. § 4505 (2024) — Title 46: SHIPPING / Chapter 45 / Section 4505: Termination of unsafe operations
Termination of unsafe operations
Status: in_force

An official authorized to enforce this chapter—

(1) may direct the individual in charge of a vessel to which this chapter applies to immediately take reasonable steps necessary for the safety of individuals on board the vessel if the official observes the vessel being operated in an unsafe condition that the official believes creates an especially hazardous condition, including ordering the individual in charge to return the vessel to a mooring and to remain there until the situation creating the hazard is corrected or ended; and

(2) may order the individual in charge of an uninspected fish processing vessel that does not have on board the certificate required under section 4503(a)(2) of this title to return the vessel to a mooring and to remain there until the vessel is in compliance with that section, except that this paragraph shall not apply with respect to a vessel to which section 4503a 1 applies.

(Added Pub. L. 100–424, §2(a), Sept. 9, 1988, 102 Stat. 1587; amended Pub. L. 115–282, title V, §509, Dec. 4, 2018, 132 Stat. 4274.)

Editorial Notes

References in Text

Section 4503a, referred to in par. (2), was repealed by Pub. L. 117–263, div. K, title CXV, §11509(a)(3), Dec. 23, 2022, 136 Stat. 4137.

Amendments

2018—Par. (2). Pub. L. 115–282 substituted "4503(a)(2)" for "4503(1)" and inserted ", except that this paragraph shall not apply with respect to a vessel to which section 4503a applies" before period at end.

1 See References in Text note below.
46 U.S.C. § 57511 (2024) — Title 46: SHIPPING / Chapter 575 / Subchapter II / Section 57511: Demise charters
Demise charters
Status: in_force

A charter by the Secretary of Transportation under this chapter shall demise the vessel to the charterer subject to all usual conditions contained in a bareboat charter. The charter shall be for a term the Secretary considers to be in the best interest of the United States Government and the merchant marine.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1666.)

Historical and Revision Notes

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

57511
46 App.:1201.
June 29, 1936, ch. 858, title VII, §711, 49 Stat. 2010; Pub. L. 97–31, §12(113), Aug. 6, 1981, 95 Stat. 163.

The words "for a term the Secretary considers to be" are substituted for "until January 1, 1940, shall be for terms of three years or less as the Secretary of Transportation may decide: Provided, That after January 1, 1940, charters may be executed by the Secretary of Transportation for such terms as the experience gained by the Secretary of Transportation shall indicate are" to eliminate unnecessary and obsolete words.
46 U.S.C. § 42304 (2024) — Title 46: SHIPPING / Chapter 423 / Section 42304: Action against foreign carriers
Action against foreign carriers
Status: in_force

(a) In General.—Subject to section 42306 of this title, whenever the Federal Maritime Commission, after notice and opportunity for comment or hearing, determines that the conditions specified in section 42302(a) of this title exist, the Commission shall take such action to offset those conditions as it considers necessary and appropriate against any foreign carrier that is a contributing cause, or whose government is a contributing cause, to those conditions. The action may include—

(1) limitations on voyages to and from United States ports or on the amount or type of cargo carried;

(2) suspension, in whole or in part, of any or all tariffs and service contracts, including an ocean common carrier's right to use any or all tariffs and service contracts of conferences in United States trades of which it is a member for any period the Commission specifies;

(3) suspension, in whole or in part, of an ocean common carrier's right to operate under any agreement filed with the Commission, including any agreement authorizing preferential treatment at terminals, preferential terminal leases, space chartering, or pooling of cargo or revenue with other ocean common carriers; and

(4) a fee not to exceed $1,000,000 per voyage.

(b) Consultation.—The Commission may consult with, seek the cooperation of, or make recommendations to other appropriate agencies of the United States Government prior to taking any action under subsection (a).

(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1553.)

Historical and Revision Notes

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

42304(a)
46 App.:1710a(e)(1).
Pub. L. 100–418, title X, §10002(e)(1), (2), Aug. 23, 1988, 102 Stat. 1571; Pub. L. 105–258, title I, §111(5), (6), Oct. 14, 1998, 112 Stat. 1911.

42304(b)
46 App.:1710a(e)(2).

In subsection (a), the words "Subject to section 42306 of this title" are added to alert the reader to the application of that section.
46 U.S.C. § 30702 (2024) — Title 46: SHIPPING / Chapter 307 / Section 30702: Application
Application
Status: in_force

(a) In General.—Except as otherwise provided, this chapter applies to a carrier engaged in the carriage of goods to or from any port in the United States.

(b) Live Animals.—Sections 30703 and 30704 of this title do not apply to the carriage of live animals.

(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1516.)

Historical and Revision Notes

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

30702(a)
(no source).

30702(b)
46 App.:195.
Feb. 13, 1893, ch. 105, §7, 27 Stat. 446.

Subsection (a) is added based on language appearing in various source provisions restated in this chapter. The word "carriage" is substituted for "transporting", and the word "goods" is substituted for "merchandise or property", to use the same terminology as in the Carriage of Goods By Sea Act (Apr. 16, 1936, ch. 229, 49 Stat. 1207). The words "to or from any port in the United States" are substituted for "from or between ports of the United States and foreign ports" in 46 App. U.S.C. 190 and 193, "from or between ports of the United States of America and foreign ports" in 46 App. U.S.C. 191, and "to or from any port in the United States of America" in 46 App. U.S.C. 192, for clarity and consistency. See Knott v. Botany Mills, 179 U.S. 69 (1900).
46 U.S.C. § 10313 (2024) — Title 46: SHIPPING / Chapter 103 / Section 10313: Wages
Wages
Status: in_force

(a) A seaman's entitlement to wages and provisions begins when the seaman begins work or when specified in the agreement required by section 10302 of this title for the seaman to begin work or be present on board, whichever is earlier.

(b) Wages are not dependent on the earning of freight by the vessel. When the loss or wreck of the vessel ends the service of a seaman before the end of the period contemplated in the agreement, the seaman is entitled to wages for the period of time actually served. The seaman shall be deemed a destitute seaman under section 11104 of this title. This subsection applies to a fishing or whaling vessel but not a yacht.

(c) When a seaman who has signed an agreement is discharged improperly before the beginning of the voyage or before one month's wages are earned, without the seaman's consent and without the seaman's fault justifying discharge, the seaman is entitled to receive from the master or owner, in addition to wages earned, one month's wages as compensation.

(d) A seaman is not entitled to wages for a period during which the seaman—

(1) unlawfully failed to work when required, after the time fixed by the agreement for the seaman to begin work; or

(2) lawfully was imprisoned for an offense, unless a court hearing the case otherwise directs.

(e) After the beginning of the voyage, a seaman is entitled to receive from the master, on demand, one-half of the balance of wages earned and unpaid at each port at which the vessel loads or delivers cargo during the voyage. A demand may not be made before the expiration of 5 days from the beginning of the voyage, not more than once in 5 days, and not more than once in the same port on the same entry. If a master does not comply with this subsection, the seaman is released from the agreement and is entitled to payment of all wages earned. Notwithstanding a release signed by a seaman under section 10312 of this title, a court having jurisdiction may set aside, for good cause shown, the release and take action that justice requires. This subsection does not apply to a fishing or whaling vessel or a yacht.

(f) At the end of a voyage, the master shall pay each seaman the balance of wages due the seaman within 24 hours after the cargo has been discharged or within 4 days after the seaman is discharged, whichever is earlier. When a seaman is discharged and final payment of wages is delayed for the period permitted by this subsection, the seaman is entitled at the time of discharge to one-third of the wages due the seaman.

(g)(1) Subject to paragraph (2), when payment is not made as provided under subsection (f) of this section without sufficient cause, the master or owner shall pay to the seaman 2 days' wages for each day payment is delayed.

(2) The total amount required to be paid under paragraph (1) with respect to all claims in a class action suit by seamen on a passenger vessel capable of carrying more than 500 passengers for wages under this section against a vessel master, owner, or operator or the employer of the seamen shall not exceed ten times the unpaid wages that are the subject of the claims.

(3) A class action suit for wages under this subsection must be commenced within three years after the later of—

(A) the date of the end of the last voyage for which the wages are claimed; or

(B) the receipt, by a seaman who is a claimant in the suit, of a payment of wages that are the subject of the suit that is made in the ordinary course of employment.

(h) Subsections (f) and (g) of this section do not apply to a fishing or whaling vessel or a yacht.

(i) This section applies to a seaman on a foreign vessel when in a harbor of the United States. The courts are available to the seaman for the enforcement of this section.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 566; Pub. L. 99–640, §10(b)(4), Nov. 10, 1986, 100 Stat. 3550; Pub. L. 111–281, title IX, §902(a)(1), Oct. 15, 2010, 124 Stat. 3008.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

10313(a) 
46:591

10313(b) 
46:592
46:593

10313(c) 
46:594

10313(d) 
46:595

10313(e)–(i) 
46:596
46:597

46:598

Section 10313 provides that a seaman's entitlement to wages begins when the seaman begins work, or as specified in the shipping agreement. This section also qualifies a seaman's entitlement to wages if the vessel is lost or wrecked, if the seaman is discharged improperly, or if the seaman unlawfully failed to work or was imprisoned. It also establishes procedures for the payment of wages at each port the vessel loads or unloads cargo, and at the end of the voyage. This section applies to seamen on foreign vessels in United States harbors, but not to fishing vessels, whaling vessels or yachts.

Editorial Notes

Amendments

2010—Subsec. (g). Pub. L. 111–281 designated existing provisions as par. (1), substituted "(1) Subject to paragraph (2), when" for "When", and added pars. (2) and (3).

1986—Subsec. (e). Pub. L. 99–640 struck out last sentence which read as follows: "However, this subsection applies to a vessel taking oysters."

Subsec. (h). Pub. L. 99–640 struck out last sentence which read as follows: "However, subsections (f) and (g) apply to a vessel taking oysters."
46 U.S.C. § 10320 (2024) — Title 46: SHIPPING / Chapter 103 / Section 10320: Records of seamen
Records of seamen
Status: in_force

The Secretary shall prescribe regulations requiring vessel owners to maintain records of seamen on matters of engagement, discharge, and service. A vessel owner shall make these records available to the seaman and the Coast Guard on request.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 569; Pub. L. 103–206, title IV, §411, Dec. 20, 1993, 107 Stat. 2437.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

10320 
..............................................

Section 10320 authorizes the Secretary to provide for the maintenance of records of the engagement, discharge, or service of seamen.

Editorial Notes

Amendments

1993—Pub. L. 103–206 amended heading and text of section generally. Prior to amendment, text read as follows: "The Secretary may prescribe regulations for reporting by a master of matters about the engagement, discharge, or service of seamen that may be needed in keeping central records of seamen."

Statutory Notes and Related Subsidiaries

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. § 56104 (2024) — Title 46: SHIPPING / Chapter 561 / Section 56104: Penalty for false statements
Penalty for false statements
Status: in_force

A person that knowingly makes a false statement of a material fact to the Secretary of Transportation or another officer, employee, or agent of the Department of Transportation, to obtain the Secretary's approval under section 56101 or 56102 of this title, shall be fined under title 18, imprisoned for not more than 5 years, or both.

(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)

56104
46 App.:839 (last par.).
Sept. 7, 1916, ch. 451, §41 (last par.), as added July 15, 1918, ch. 152, §4, 40 Stat. 903; Exec. Order No. 6166, June 10, 1933, §12; June 29, 1936, ch. 858, title II, §204, title IX, §904, 49 Stat. 1987, 2016; Pub. L. 97–31, §12(32), Aug. 6, 1981, 95 Stat. 156.

The words "guilty of a misdemeanor" are omitted, and the words "fined under title 18" are substituted for "subject to a fine of not more than $5000", because of chapter 227 of title 18.
46 U.S.C. § 53705 (2024) — Title 46: SHIPPING / Chapter 537 / Subchapter I / Section 53705: Pledge of United States Government
Pledge of United States Government
Status: in_force

(a) Full Faith and Credit.—The full faith and credit of the United States Government is pledged to the payment of a guarantee made under this chapter, for both principal and interest, including interest (as may be provided for in the guarantee) accruing between the date of default under a guaranteed obligation and the date of payment in full of the guarantee.

(b) Incontestability.—A guarantee or commitment to guarantee made under this chapter is conclusive evidence of the eligibility of the obligation for the guarantee. The validity of a guarantee or commitment to guarantee made under this chapter is incontestable.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1606; Pub. L. 109–163, div. C, title XXXV, §3507(a)(1)(C), Jan. 6, 2006, 119 Stat. 3555; Pub. L. 110–181, div. C, title XXXV, §3522(b), Jan. 28, 2008, 122 Stat. 598.)

Historical and Revision Notes

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

53705(a)
46 App.:1273(d).
June 29, 1936, ch. 858, title XI, §1103(d), (e) (1st sentence), as added June 23, 1938, ch. 600, §46, 52 Stat. 969; Aug. 15, 1953, ch. 513, §1, 67 Stat. 626; Sept. 3, 1954, ch. 1265, §3, 68 Stat. 1268; June 25, 1956, ch. 438, 70 Stat. 332; Aug. 7, 1956, ch. 1026, §1(a), (c), (d), 70 Stat. 1087; Pub. L. 91–469, §30, Oct. 21, 1970, 84 Stat. 1035; restated Pub. L. 92–507, §3, Oct. 19, 1972, 86 Stat. 910; Pub. L. 97–31, §12(136), Aug. 6, 1981, 95 Stat. 166; Pub. L. 98–595, §1(1), Oct. 30, 1984, 98 Stat. 3130.

53705(b)
46 App.:1273(e) (1st sentence).

Editorial Notes

Amendments

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

2006—Pub. L. 109–163, §3507(a)(1)(C), which directed the amendment of section 1273(e) of the former Appendix to this title from which this section was derived in part by striking "Secretary" each place it appears and inserting "Secretary or Administrator", was repealed by Pub. L. 110–181. See Historical and Revision notes above.
46 U.S.C. § 55121 (2024) — Title 46: SHIPPING / Chapter 551 / Section 55121: Transportation of merchandise and passengers on Canadian vessels
Transportation of merchandise and passengers on Canadian vessels
Status: in_force

(a) Between Rochester and Alexandria Bay.—Until passenger service is established by vessels of the United States between the port of Rochester, New York, and the port of Alexandria Bay, New York, the Secretary of Homeland Security may issue annually permits to Canadian passenger vessels to transport passengers between those ports. Canadian vessels holding such a permit are not subject to section 55103 of this title.

(b) Within Alaska or Between Alaska and Other Points in the United States.—Until the Secretary of Transportation determines that service by vessels of the United States is available to provide the transportation described in paragraph (1) or (2), sections 55102 and 55103 of this title do not apply to the transportation on Canadian vessels of—

(1) passengers between ports in southeastern Alaska; or

(2) passengers or merchandise between Hyder, Alaska, and other points in southeastern Alaska or in the United States outside Alaska.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1641.)

Historical and Revision Notes

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

55121(a)
46 App.:289a.
Apr. 26, 1938, ch. 174, 52 Stat. 223; 1946 Reorg. Plan No. 3, §§101–104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097.

55121(b)
46 App.:289b.
Pub. L. 87–77, June 30, 1961, 75 Stat. 196; Pub. L. 97–31, §12(22), Aug. 6, 1981, 95 Stat. 155.

In subsection (a), the Secretary of Homeland Security is substituted for the Commissioner of Customs 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). The functions of the Commissioner of Customs previously were vested in the Secretary of the Treasury under section 321(c) of title 31. For prior related transfers of functions, see the transfer of functions note under 46 App. U.S.C. 289a.
46 U.S.C. § 55112 (2024) — Title 46: SHIPPING / Chapter 551 / Section 55112: Vessel escort operations and towing assistance
Vessel escort operations and towing assistance
Status: in_force

(a) In General.—Except in the case of a vessel in distress, only a vessel of the United States may perform the following escort vessel operations within the navigable waters of the United States:

(1) Operations that commence or terminate at a port or place in the United States.

(2) Operations required by United States law or regulation.

(3) Operations provided in whole or in part within or through navigation facilities owned, maintained, or operated by the United States Government or the approaches to those facilities, other than facilities operated by the Great Lakes St. Lawrence Seaway Development Corporation on the St. Lawrence River portion of the Seaway.

(b) Escort Vessels.—For purposes of this section, an escort vessel is—

(1) any vessel that is assigned and dedicated to assist another vessel, whether or not tethered to that vessel, solely as a safety precaution to assist in controlling the speed or course of the assisted vessel in the event of a steering or propulsion equipment failure, or any other similar emergency circumstance, or in restricted waters where additional assistance in maneuvering the vessel is required to ensure its safe operation; and

(2) in the case of a vessel being towed under section 55111 of this title, any vessel that is assigned and dedicated to the vessel being towed in addition to any towing vessel required under that section.

(c) Relationship to Other Law.—This section does not affect section 55111 of this title.

(d) Penalty.—A person violating this section is liable to the Government for a civil penalty of not more than $10,000 for each day during which the violation occurs.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1638; Pub. L. 116–260, div. AA, title V, §512(c)(6)(D), Dec. 27, 2020, 134 Stat. 2757.)

Historical and Revision Notes

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

55112
46 App.:316a.
Pub. L. 107–295, title IV, §404, Nov. 25, 2002, 116 Stat. 2114.

In subsection (a), the words "(as that term is defined in section 2101 of title 46, United States Code)" are omitted because the definition of "vessel of the United States" is being moved from section 2101 to chapter 1 of the revised title and will apply title-wide.

Editorial Notes

Amendments

2020—Subsec. (a)(3). Pub. L. 116–260 substituted "Great Lakes St. Lawrence Seaway Development Corporation" for "St. Lawrence Seaway Development Corporation".
46 U.S.C. § 111 (2024) — Title 46: SHIPPING / Chapter 1 / Section 111: Numbered vessel
Numbered vessel
Status: in_force

In this title, the term "numbered vessel" means a vessel for which a number has been issued under chapter 123 of this title.

(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)

111
46:2101(17b).
46 U.S.C. § 57108 (2024) — Title 46: SHIPPING / Chapter 571 / Section 57108: Consideration of ballast and equipment in determining selling price
Consideration of ballast and equipment in determining selling price
Status: in_force

The Maritime Administration may not sell a vessel until its ballast and equipment have been inventoried and their value considered in determining the selling price of the vessel.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1661.)

Historical and Revision Notes

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

57108
46 App.:864b.
June 29, 1949, ch. 281, §1 (proviso), 63 Stat. 349; Pub. L. 97–31, §12(36), Aug. 6, 1981, 95 Stat. 156.
46 U.S.C. § 30501 (2024) — Title 46: SHIPPING / Chapter 305 / Subchapter I / Section 30501: Definitions
Definitions
Status: in_force

In this chapter:

(1) Covered small passenger vessel.—The term "covered small passenger vessel"—

(A) means a small passenger vessel, as defined in section 2101, that is—

(i) not a wing-in-ground craft; and

(ii) carrying—

(I) not more than 49 passengers on an overnight domestic voyage; and

(II) not more than 150 passengers on any voyage that is not an overnight domestic voyage; and

(B) includes any wooden vessel constructed prior to March 11, 1996, carrying at least 1 passenger for hire.

(2) Owner.—The term "owner" includes a charterer that mans, supplies, and navigates a vessel at the charterer's own expense or by the charterer's own procurement.

(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1512; Pub. L. 117–263, div. K, title CXV, §11503(b), Dec. 23, 2022, 136 Stat. 4130.)

Historical and Revision Notes

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

30501
46 App.:186.
R.S. §4286.

The words "In this chapter" are substituted for "within the meaning of the provisions of title 48 of the Revised Statutes relating to the limitation of the liability of the owners of vessels" because of the codification of title 46, United States Code. The word "supplies" is substituted for "victual" for clarity. The words "and such vessel, when so chartered, shall be liable in the same manner as if navigated by the owner thereof" are omitted as unnecessary.

Editorial Notes

Amendments

2022—Pub. L. 117–263 amended section generally. Prior to amendment, text read as follows: "In this chapter, the term 'owner' includes a charterer that mans, supplies, and navigates a vessel at the charterer's own expense or by the charterer's own procurement."
46 U.S.C. § 7503 (2024) — Title 46: SHIPPING / Chapter 75 / Section 7503: Dangerous drugs as grounds for denial
Dangerous drugs as grounds for denial
Status: in_force

A license, certificate of registry, or merchant mariner's document authorized to be issued under this part may be denied to an individual who—

(1) within 10 years before applying for the license, certificate, or document, has been convicted of violating a dangerous drug law of the United States or of a State; or

(2) when applying, has ever been a user of, or addicted to, a dangerous drug unless the individual provides satisfactory proof that the individual is cured.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 545; Pub. L. 99–36, §1(a)(9)(D), May 15, 1985, 99 Stat. 68; Pub. L. 101–380, title IV, §4103(a)(2)(B), Aug. 18, 1990, 104 Stat. 511; Pub. L. 115–232, div. C, title XXXV, §3545(a), Aug. 13, 2018, 132 Stat. 2326.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

7503(a) 
46:239a(a)
46:239b(a)

Section 7503 provides that the issuance of a license, certificate, or document may be denied by the Secretary to any individual who has been convicted, within 10 years, of violating a dangerous drug law of the United States or to any individual who has been a user of a dangerous drug, unless the individual provides satisfactory proof of being cured. This includes PCP and LSD. See also the note to section 7704. However, the Secretary may deny issuing a license, certificate or document to the individual who has used or been convicted of a "controlled substance" such as LSD if that use or conviction occurred before the date of enactment of this Act.

Editorial Notes

Amendments

2018—Pub. L. 115–232 amended section generally. Prior to amendment, section consisted of repealed subsec. (a) and subsec. (b) identical to present provisions.

1990—Subsec. (a). Pub. L. 101–380 struck out subsec. (a) which defined "dangerous drug" for purpose of this section as narcotic drug, controlled substance, and marihuana.

1985—Subsec. (b). Pub. L. 99–36 substituted "certificate of registry, or merchant mariner's document" for first reference to "certificate, or document".

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. § 56302 (2024) — Title 46: SHIPPING / Chapter 563 / Section 56302: Charter terms
Charter terms
Status: in_force

(a) In General.—If a vessel is requisitioned for use but not ownership under this chapter, the Secretary of Transportation, at the time of requisition or as soon thereafter as the situation allows, shall offer the person entitled to possession of the vessel a charter containing—

(1) the terms the Secretary believes should govern the relationship between the United States Government and the person; and

(2) the rate of hire the Secretary considers just compensation for the use of the vessel and the services required under the charter.

(b) Refusal To Accept.—If the person does not accept the charter and rate of hire, the parties shall proceed as provided in section 56304 of this title.

(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)

56302
46 App.:1242(c) (1st sentence).
June 29, 1936, ch. 858, title IX, §902(c) (1st sentence); as added Aug. 7, 1939, ch. 555, §3, 53 Stat. 1255; Pub. L. 97–31, §12(131), Aug. 6, 1981, 95 Stat. 165.

In subsection (a), the words "requisitioned for use but not ownership under this chapter" are substituted for "taken and used under authority of this section, but the ownership thereof is not required by the United States" to eliminate unnecessary words. The word "requisition" is substituted for "taking", and the word "vessel" is substituted for "such property", for consistency.

Subsection (b) is added because the provisions about disputed compensation, for both charter use and other takings, are consolidated in section 56304 of the revised title to avoid repetition.
46 U.S.C. § 53718 (2024) — Title 46: SHIPPING / Chapter 537 / Subchapter I / Section 53718: Annual report to Congress
Annual report to Congress
Status: in_force

The Administrator shall report to Congress annually on the loan guarantee program under this chapter. Each report shall include—

(1) the size, in dollars, of the portfolio of loans guaranteed;

(2) the size, in dollars, of projects in the portfolio facing financial difficulties;

(3) the number and type of projects covered;

(4) a profile of pending loan applications;

(5) the amount of appropriations available for new guarantees;

(6) a profile of each project approved since the last report; and

(7) a profile of any defaults since the last report.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1617; Pub. L. 109–163, div. C, title XXXV, §3507(c)(3), Jan. 6, 2006, 119 Stat. 3556; Pub. L. 110–181, div. C, title XXXV, §3522(a)(9)(C), (b), Jan. 28, 2008, 122 Stat. 598.)

Historical and Revision Notes

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

53718
46 App.:1280b.
Pub. L. 108–136, title XXXV, §3527, Nov. 24, 2003, 117 Stat. 1802.

Editorial Notes

Amendments

2008—Pub. L. 110–181, §3522(b), repealed Pub. L. 109–163, §3507(c)(3). See 2006 Amendment note below.

Pub. L. 110–181, §3522(a)(9)(C), incorporated the substance of the amendment by Pub. L. 109–163, §3507(c)(3), into this section by substituting "Administrator" for "Secretary of Transportation" in introductory provisions. 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(c)(3), which directed the amendment of section 1280b 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. § 40103 (2024) — Title 46: SHIPPING / Chapter 401 / Section 40103: Administrative exemptions
Administrative exemptions
Status: in_force

(a) In General.—The Federal Maritime Commission, on application or its own motion, may by order or regulation exempt for the future any class of agreements between persons subject to this part or any specified activity of those persons from any requirement of this part if the Commission finds that the exemption will not result in substantial reduction in competition or be detrimental to commerce. The Commission may attach conditions to an exemption and may, by order, revoke an exemption.

(b) Opportunity for Hearing.—An order or regulation of exemption or revocation of an exemption may be issued only if the Commission has provided an opportunity for a hearing to interested persons and departments and agencies of the United States Government.

(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1527.)

Historical and Revision Notes

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

40103
46 App.:1715.
Pub. L. 98–237, §16, Mar. 20, 1984, 98 Stat. 84; Pub. L. 105–258, title I, §114, Oct. 14, 1998, 112 Stat. 1912.
46 U.S.C. § 40706 (2024) — Title 46: SHIPPING / Chapter 407 / Section 40706: Exceptions
Exceptions
Status: in_force

This chapter does not apply to—

(1) a controlled carrier of a foreign country whose vessels are entitled by a treaty of the United States to receive national or most-favored-nation treatment; or

(2) a trade served only by controlled carriers.

(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1537.)

Historical and Revision Notes

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

40706
46 App.:1708(f).
Pub. L. 98–237, §9(f), Mar. 20, 1984, 98 Stat. 77; Pub. L. 105–258, title I, §108(17)–(19), Oct. 14, 1998, 112 Stat. 1909.

In paragraph (1), the words "foreign country" are substituted for "state" for clarity and consistency.
46 U.S.C. § 57303 (2024) — Title 46: SHIPPING / Chapter 573 / Section 57303: Utility value and tonnage requirements
Utility value and tonnage requirements
Status: in_force

(a) Utility Value.—The utility value of a new vessel to be acquired under this chapter for operation in the domestic or foreign commerce of the United States may not be substantially less than that of the obsolete vessel acquired in exchange under this chapter.

(b) Tonnage.—If the Secretary of Transportation finds that the new vessel will have a utility value at least equal to that of the obsolete vessel, the new vessel may be of lesser gross tonnage than the obsolete vessel. However, the gross tonnage of the new vessel must be at least one-third the gross tonnage of the obsolete vessel.

(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)

57303
46 App.:1160(c).
June 29, 1936, ch. 858, title V, §510(c), as added Aug. 4, 1939, ch. 417, §7, 53 Stat. 1184; Pub. L. 97–31, §12(91), Aug. 6, 1981, 95 Stat. 161.
46 U.S.C. § 60312 (2024) — Title 46: SHIPPING / Chapter 603 / Section 60312: Rights under treaties preserved
Rights under treaties preserved
Status: in_force

This chapter and chapter 605 of this title do not affect a right or privilege of a foreign country relating to tonnage taxes or other duties on vessels under a law or treaty of the United States.

(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)

60312
46 App.:121 (last sentence words before semicolon).
R.S. §4219 (last sentence words between 1st and last semicolons); Feb. 27, 1877, ch. 69, §1, 19 Stat. 250.

 
46 App.:135.
R.S. §4227.

The words "This chapter and chapter 605 of this title" are substituted for "title 48 of the Revised Statutes" in 46 App. U.S.C. 135 because the provisions of title 48 of the Revised Statutes which are still alive and relate to tonnage or other duties on vessels are restated in these two chapters. Although these two chapters restate other provisions which are not from title 48 of the Revised Statutes, expansion of the reference to include those provisions is done for consistency.
46 U.S.C. § 41110 (2024) — Title 46: SHIPPING / Chapter 411 / Section 41110: Data collection
Data collection
Status: in_force

The Federal Maritime Commission shall publish on its website a calendar quarterly report that describes the total import and export tonnage and the total loaded and empty 20-foot equivalent units per vessel (making port in the United States, including any territory or possession of the United States) operated by each ocean common carrier covered under this chapter. Ocean common carriers under this chapter shall provide to the Commission all necessary information, as determined by the Commission, for completion of this report.

(Added Pub. L. 117–146, §9(a), June 16, 2022, 136 Stat. 1277.)

Statutory Notes and Related Subsidiaries

Rule of Construction

Pub. L. 117–146, §9(b), June 16, 2022, 136 Stat. 1277, provided that: "Nothing in this section [enacting this section], and the amendment made by this section, shall be construed to compel the public disclosure of any confidential or proprietary data, in accordance with section 552(b)(4) of title 5, United States Code."
46 U.S.C. § 30301 (2024) — Title 46: SHIPPING / Chapter 303 / Section 30301: Short title
Short title
Status: in_force

This chapter may be cited as the "Death on the High Seas Act".

(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1511.)

Historical and Revision Notes

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

30301
46 App.:761 note.

Statutory Notes and Related Subsidiaries

Short Title

Act Mar. 30, 1920, ch. 111, 41 Stat. 537, which enacted chapter 21 (§761 et seq.) of the former Appendix to this title, was popularly known as the "Death on the High Seas Act", prior to being repealed and restated in this chapter by Pub. L. 109–304, §§6(c), 19, Oct. 6, 2006, 120 Stat. 1509, 1710.
46 U.S.C. § 55115 (2024) — Title 46: SHIPPING / Chapter 551 / Section 55115: Supplies on fish processing vessels
Supplies on fish processing vessels
Status: in_force

Section 55102 of this title does not apply to supplies aboard a United States documented fish processing vessel that are necessary and used for processing or assembling fishery products aboard such a vessel.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1640.)

Historical and Revision Notes

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

55115
46 App.:883 (10th proviso).
June 5, 1920, ch. 250, §27 (10th proviso), 41 Stat. 999; July 2, 1935, ch. 355, 49 Stat. 442; Pub. L. 97–389, title V, §504, Dec. 29, 1982, 96 Stat. 1956.

The words "Section 55102 of this title does not apply to" are substituted for "for the purposes of this section" and "shall be considered ship's equipment and not merchandise" for consistency in the chapter.
46 U.S.C. § 7309 (2024) — Title 46: SHIPPING / Chapter 73 / Section 7309: Able seamen-special
Able seamen-special
Status: in_force

The required service for the endorsement of able seaman—special, qualified for special service on a vessel on any waters, is at least 12 months' 1 service on deck on board vessels operating on the oceans or the navigable waters of the United States (including the Great Lakes).

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 543.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

7309 
46:672(b)(3)

Section 7309 establishes the minimum service requirements for an individual to qualify as able seamen—special.

Statutory Notes and Related Subsidiaries

Temporary Reduction of Lengths of Certain Periods of Service

Section to be applied by substituting "6 months" for "12 months" for the 3-year period beginning on Dec. 22, 2023, see section 3534(j) of Pub. L. 118–31, set out as a note under section 7307 of this title.

Acceptance of Certain Services Toward Endorsement as Able Seaman

Service used to qualify for endorsement as able seaman—fishing industry to be accepted as qualifying service toward an endorsement under this section, see section 602(e)(3) of Pub. L. 101–595, set out as a note under section 7306 of this title.

1 See Temporary Reduction of Lengths of Certain Periods of Service note below.
46 U.S.C. § 3510 (2024) — Title 46: SHIPPING / Chapter 35 / Section 3510: Additional medical and safety standards
Additional medical and safety standards
Status: in_force

(a) Automated External Defibrillators.—Not later than 1 year after the date of enactment of this section, the Secretary, in consultation with the Secretary of Health and Human Services and other appropriate Federal agencies, shall promulgate regulations to—

(1) require that the owner of a vessel to which section 3507 applies install, and maintain in working order, automated external defibrillators on such vessel;

(2) require that such defibrillators be placed throughout such vessel in clearly designated locations;

(3) require that such defibrillators are available for passenger and crew access in the event of an emergency; and

(4) require that automated external defibrillators, or adjacent equipment, allow passengers and crew to easily contact medical staff of the vessel.

(b) Definition of Owner.—In this section, the term "owner" has the meaning given such term in section 3507.

(Added Pub. L. 117–14, §3(a), May 24, 2021, 135 Stat. 275.)

Editorial Notes

References in Text

The date of enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 117–14, which was approved May 24, 2021.
46 U.S.C. § 30904 (2024) — Title 46: SHIPPING / Chapter 309 / Section 30904: Exclusive remedy
Exclusive remedy
Status: in_force

If a remedy is provided by this chapter, it shall be exclusive of any other action arising out of the same subject matter against the officer, employee, or agent of the United States or the federally-owned corporation whose act or omission gave rise to the claim.

(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1518.)

Historical and Revision Notes

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

30904
46 App.:745 (1st proviso).
Mar. 9, 1920, ch. 95, §5 (1st proviso), 41 Stat. 526; June 30, 1932, ch. 315, 47 Stat. 420; Dec. 13, 1950, ch. 1136, 64 Stat. 1112.

The words "officer, employee, or agent of the United States or the federally-owned corporation" are substituted for "agent or employee of the United States or of any incorporated or unincorporated agency thereof" for consistency in this chapter and to eliminate unnecessary words.
46 U.S.C. § 53408 (2024) — Title 46: SHIPPING / Chapter 534 / Section 53408: Regulatory relief
Regulatory relief
Status: in_force

(a) Operation in Foreign Commerce.—A program participant for a vessel included in an operating agreement under this chapter may operate the vessel in the foreign commerce of the United States without restriction.

(b) Other Restrictions.—The restrictions of section 55305(a) of this title concerning the building, rebuilding, or documentation of a vessel in a foreign country shall not apply to a vessel for any day the operator of the vessel is receiving payments for the operation of that vessel under an operating agreement under this chapter.

(c) Telecommunications Equipment.—The telecommunications and other electronic equipment on an existing vessel that is redocumented under the laws of the United States for operation under an operating agreement under this chapter shall be deemed to satisfy all Federal Communications Commission equipment approval requirements, if—

(1) such equipment complies with all applicable international agreements and associated guidelines as determined by the country in which the vessel was documented immediately before becoming documented under the laws of the United States;

(2) that country has not been identified by the Secretary as inadequately enforcing international regulations as to that vessel; and

(3) at the end of its useful life, such equipment shall be replaced with equipment that meets Federal Communications Commission equipment approval standards.

(Added Pub. L. 116–283, div. C, title XXXV, §3511(a), Jan. 1, 2021, 134 Stat. 4417.)
46 U.S.C. § 11304 (2024) — Title 46: SHIPPING / Chapter 113 / Section 11304: Additional logbook and entry requirements
Additional logbook and entry requirements
Status: in_force

(a) A vessel of the United States that is subject to inspection under section 3301 of this title, except a vessel on a voyage from a port in the United States to a port in Canada, shall have a logbook, which may be in any form, including electronic, and shall be kept available for review by the Secretary on request.

(b) The logbook required by subsection (a) shall include the following entries:

(1) The time when each seaman and each officer assumed or relieved the watch.

(2) The number of hours in service to the vessels of each seaman and each officer.

(3) Each illness of, and injury to, a seaman of the vessel, the nature of the illness or injury, and the medical treatment provided for the injury or illness.

(Added Pub. L. 111–281, title VI, §607(a), Oct. 15, 2010, 124 Stat. 2967; amended Pub. L. 115–282, title V, §511, Dec. 4, 2018, 132 Stat. 4274.)

Editorial Notes

Amendments

2018—Subsec. (a). Pub. L. 115–282, §511(a)(1), substituted "a logbook, which may be in any form, including electronic, and" for "an official logbook, which".

Subsec. (b). Pub. L. 115–282, §511(b), which directed amendment of section 11304(b), without specifying the title to be amended, by substituting "logbook" for "log book", was executed to this section in the introductory provisions of subsec. (b), to reflect the probable intent of Congress.

Subsec. (b)(3). Pub. L. 115–282, §511(a)(2), amended par. (3) generally. Prior to amendment, par. (3) read as follows: "An account of each accident, illness, and injury that occurs during each watch."
46 U.S.C. § 70117 (2024) — Title 46: SHIPPING / Chapter 701 / Subchapter I / Section 70117: Repealed. Pub. L. 111-281, title II, §208(b), Oct. 15, 2010, 124 Stat. 2912
Repealed. Pub. L. 111-281, title II, §208(b), Oct. 15, 2010, 124 Stat. 2912
Status: repealed

[§70117. Repealed. Pub. L. 111–281, title II, §208(b), Oct. 15, 2010, 124 Stat. 2912]

Section, added Pub. L. 108–293, title VIII, §801(a), Aug. 9, 2004, 118 Stat. 1078, §70118; renumbered §70117, Pub. L. 109–241, title IX, §901(l)(1), July 11, 2006, 120 Stat. 565; Pub. L. 109–304, §15(33)(A), Oct. 6, 2006, 120 Stat. 1705; Pub. L. 110–181, div. C, title XXXV, §3529(c)(1), Jan. 28, 2008, 122 Stat. 603, related to firearms, arrests, and seizure of property.

Editorial Notes

Prior Provisions

A prior section 70117 was renumbered section 70120 of this title.

Another prior section 70117 was renumbered section 70119 of this title.
46 U.S.C. § 31324 (2024) — Title 46: SHIPPING / Chapter 313 / Subchapter II / Section 31324: Retention and examination of mortgages of vessels covered by preferred mortgages
Retention and examination of mortgages of vessels covered by preferred mortgages
Status: in_force

(a) On request, the owner, master, or individual in charge of a vessel covered by a preferred mortgage shall permit a person to examine the mortgage if the person has business with the vessel that may give rise to a maritime lien or the sale, conveyance, mortgage, or assignment of a mortgage of the vessel.

(b) A mortgagor of a preferred mortgage covering a self-propelled vessel shall use diligence in keeping a certified copy of the mortgage on the vessel.

(Pub. L. 100–710, title I, §102(c), Nov. 23, 1988, 102 Stat. 4744.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

31324 
46:923

Section 31324(a) provides for examination of mortgages of a vessel that is covered by a preferred mortgage by persons that have business with the vessel that may give rise to a maritime lien or the sale, conveyance, mortgage, or assignment of the mortgage. This subsection makes no substantive change to law.

Section 31324(b) requires that a certified copy of the mortgage must be on board a self-propelled vessel. This subsection makes no substantive change to law.

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. § 5115 (2024) — Title 46: SHIPPING / Chapter 51 / Section 5115: Repealed. Pub. L. 101-595, title VI, §603(5)(A), Nov. 16, 1990, 104 Stat. 2993
Repealed. Pub. L. 101-595, title VI, §603(5)(A), Nov. 16, 1990, 104 Stat. 2993
Status: repealed

[§5115. Repealed. Pub. L. 101–595, title VI, §603(5)(A), Nov. 16, 1990, 104 Stat. 2993]

Section, Pub. L. 99–509, title V, §5101(2), Oct. 21, 1986, 100 Stat. 1918, authorized Secretary to prescribe regulations to carry out this chapter.
46 U.S.C. § 51502 (2024) — Title 46: SHIPPING / Chapter 515 / Section 51502: Detailing of personnel
Detailing of personnel
Status: in_force

At the request of the Governor of a State, the President may detail, without reimbursement, personnel of the Navy, the Coast Guard, and the Maritime Service to a State maritime academy to serve as a superintendent, professor, lecturer, or instructor at the academy.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1577.)

Historical and Revision Notes

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

51502
46 App.:1295c(e).
June 29, 1936, ch. 858, title XIII, §1304(e), as added Pub. L. 96–453, §2, Oct. 15, 1980, 94 Stat. 2004.

The reference to territories is omitted as unnecessary because of the definition of "State" in chapter 1 of the revised title.
46 U.S.C. § 10316 (2024) — Title 46: SHIPPING / Chapter 103 / Section 10316: Trusts
Trusts
Status: in_force

Sections 10314 and 10315 of this title do not prevent an employer from making deductions from the wages of a seaman, with the written consent of the seaman, if—

(1) the deductions are paid into a trust fund established only for the benefit of seamen employed by that employer, and the families and dependents of those seamen (or of those seamen, families, and dependents jointly with other seamen employed by other employers, and the families and dependents of the other seamen); and

(2) the payments are held in trust to provide, from principal or interest, or both, any of the following benefits for those seamen and their families and dependents:

(A) medical or hospital care, or both.

(B) pensions on retirement or death of the seaman.

(C) life insurance.

(D) unemployment benefits.

(E) compensation for illness or injuries resulting from occupational activity.

(F) sickness, accident, and disability compensation.

(G) purchasing insurance to provide any of the benefits specified in this section.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 568.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

10316 
46:599(g)

Section 10316 qualifies the two previous sections by allowing an employer to make deductions from seamen's wages for the purpose of placing the wages into a trust fund or holding them in trust to provide for the seamen's benefit.
46 U.S.C. § 2105 (2024) — Title 46: SHIPPING / Chapter 21 / Section 2105: Report
Report
Status: in_force

The Secretary shall provide for the investigation of the operation of this subtitle and of all laws related to marine safety, and shall require that a report be made to the Secretary annually about those matters that may require improvement or amendment.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 506.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

2105 
46:4

Section 2105 requires the Secretary to investigate the operation of this subtitle and all laws related to maritime safety and requires appropriate reports to ensure that the Secretary is attentive to all the shipping laws under the Secretary's superintendence.
46 U.S.C. § 30913 (2024) — Title 46: SHIPPING / Chapter 309 / Section 30913: Payment of judgment or settlement
Payment of judgment or settlement
Status: in_force

(a) In General.—The proper accounting officer of the United States shall pay a final judgment, arbitration award, or settlement under this chapter on presentation of an authenticated copy.

(b) Source of Payment.—Payment shall be made from an appropriation or fund available specifically for the purpose. If no appropriation or fund is specifically available, there is hereby appropriated, out of money in the Treasury not otherwise appropriated, an amount sufficient to pay the judgment, award, or settlement.

(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1519.)

Historical and Revision Notes

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

30913
46 App.:748.
Mar. 9, 1920, ch. 95, §8, 41 Stat. 527.
46 U.S.C. § 30522 (2024) — Title 46: SHIPPING / Chapter 305 / Subchapter II / Section 30522: Loss by fire
Loss by fire
Status: in_force

The owner of a vessel is not liable for loss or damage to merchandise on the vessel caused by a fire on the vessel unless the fire resulted from the design or neglect of the owner.

(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1513, §30504; renumbered §30522, Pub. L. 117–263, div. K, title CXV, §11503(a)(3), Dec. 23, 2022, 136 Stat. 4130.)

Historical and Revision Notes

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

30504
46 App.:182.
R.S. §4282.

The words "liable for" are substituted for "liable to answer for or make good to any person", the words "merchandise on the vessel" are substituted for "any merchandise whatsoever, which shall be shipped, taken in, or put on board any such vessel", and the words "caused by a fire on the vessel" are substituted for "by reason or by means of any fire happening to or on board the vessel", to eliminate unnecessary words.

Editorial Notes

Amendments

2022—Pub. L. 117–263 renumbered section 30504 of this title as this section.