46 U.S.C. § 8107 (2024) — Title 46: SHIPPING / Chapter 81 / Section 8107: Use of force against piracy
Use of force against piracy
Status: in_force

(a) Limitation on Liability.—An owner, operator, time charterer, master, mariner, or individual who uses force or authorizes the use of force to defend a vessel of the United States against an act of piracy shall not be liable for monetary damages for any injury or death caused by such force to any person engaging in an act of piracy if such force was in accordance with standard rules for the use of force in self-defense of vessels prescribed by the Secretary.

(b) Promotion of Coordinated Action.—To carry out the purpose of this section, the Secretary of the department in which the Coast Guard is operating shall work through the International Maritime Organization to establish agreements to promote coordinated action among flag- and port-states to deter, protect against, and rapidly respond to piracy against the vessels of, and in the waters under the jurisdiction of, those nations, and to ensure limitations on liability similar to those established by subsection (a).

(c) Definition.—For the purpose of this section, the term "act of piracy" means any act of aggression, search, restraint, depredation, or seizure attempted against a vessel of the United States by an individual not authorized by the United States, a foreign government, or an international organization recognized by the United States to enforce law on the high seas.

(Added Pub. L. 111–281, title IX, §912(a), Oct. 15, 2010, 124 Stat. 3016.)

Statutory Notes and Related Subsidiaries

Standard Rules for the Use of Force for Self-Defense of Vessels of the United States

Pub. L. 111–281, title IX, §912(c), Oct. 15, 2010, 124 Stat. 3017, provided that: "Not later than 180 days after the date of enactment of this act [Oct. 15, 2010], the secretary [sic] of the department in which the coast guard [sic] is operating, in consultation with representatives of industry and labor, shall develop standard rules for the use of force for self-defense of vessels of the United States."
46 U.S.C. § 60107 (2024) — Title 46: SHIPPING / Chapter 601 / Section 60107: Payment of fees on departing vessel
Payment of fees on departing vessel
Status: in_force

A departing vessel may be cleared only when all legal fees that have accrued on the vessel are paid and proof of payment is presented to the individual granting the clearance.

(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)

60107
46 App.:100.
R.S. §4206.

This section is substituted for the source provision to eliminate unnecessary words.
46 U.S.C. § 70041 (2024) — Title 46: SHIPPING / Chapter 700 / Subchapter V / Section 70041: Regattas and marine parades
Regattas and marine parades
Status: in_force

(a) In General.—The Commandant of the Coast Guard may issue regulations to promote the safety of life on navigable waters during regattas or marine parades.

(b) Detail and Use of Vessels.—To enforce regulations issued under this section—

(1) the Commandant may detail any public vessel in the service of the Coast Guard and make use of any private vessel tendered gratuitously for that purpose; and

(2) upon the request of the Commandant, the head of any other Federal department or agency may enforce the regulations by means of any public vessel of such department and any private vessel tendered gratuitously for that purpose.

(c) Transfer of Authority.—The authority of the Commandant under this section may be transferred by the President for any special occasion to the head of another Federal department or agency whenever in the President's judgment such transfer is desirable.

(d) Penalties.—

(1) In general.—For any violation of regulations issued pursuant to this section the following penalties shall be incurred:

(A) A licensed officer shall be liable to suspension or revocation of license in the manner prescribed by law for incompetency or misconduct.

(B) Any person in charge of the navigation of a vessel other than a licensed officer shall be liable to a penalty of $5,000.

(C) The owner of a vessel (including any corporate officer of a corporation owning the vessel) actually on board shall be liable to a penalty of $5,000, unless the violation of regulations occurred without the owner's knowledge.

(D) Any other person shall be liable to a penalty of $2,500.

(2) Mitigation or remission.—The Commandant may mitigate or remit any penalty provided for in this subsection in the manner prescribed by law for the mitigation or remission of penalties for violation of the navigation laws.

(Added Pub. L. 115–282, title IV, §406(a), Dec. 4, 2018, 132 Stat. 4265.)
46 U.S.C. § 2106 (2024) — Title 46: SHIPPING / Chapter 21 / Section 2106: Liability in rem
Liability in rem
Status: in_force

When a vessel is made liable in rem under this subtitle, the vessel may be libeled and proceeded against in the district court of the United States for any district in which the vessel is found.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 506; Pub. L. 109–304, §15(4), Oct. 6, 2006, 120 Stat. 1702.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

2106 
46:170(14)

  
46:216e(e)

  
46:390d

  
46:391a(14)(C)

  
46:436

  
46:462

  
46:481(c)

  
46:497

  
46:526o

  
46:672(j)

  
46:1484(b)

Section 2106 provides that when a vessel is made liable in rem the vessel may be libeled and proceeded against in a United States district court.

Editorial Notes

Amendments

2006—Pub. L. 109–304 substituted "the district court of the United States for any district" for "a district court of the United States".
46 U.S.C. § 10705 (2024) — Title 46: SHIPPING / Chapter 107 / Section 10705: Disposition of money, property, and wages by consular officers
Disposition of money, property, and wages by consular officers
Status: in_force

When money, property, or wages of a deceased seaman comes into possession of a consular officer, the officer may—

(1) sell the property and remit the proceeds and other money or wages of the seaman the officer has received, to the district court of the United States for the district in which the voyage begins or ends; or

(2) deliver the money, property, and wages to the district court.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 573.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

10705 
46:624

Section 10705 instructs consular officers on the disposal of the property and wages of deceased seamen who have died outside the United States.
46 U.S.C. § 3712 (2024) — Title 46: SHIPPING / Chapter 37 / Section 3712: Notification of noncompliance
Notification of noncompliance
Status: in_force

The Secretary shall notify the owner, charterer, managing operator, agent, master, or individual in charge of a vessel found not to be in compliance with a regulation prescribed under this part and state how compliance may be achieved.

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

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

3712 
46:391a(8)(A)
46:391a(8)(B)

Section 3712 requires the Secretary to notify appropriate parties when a vessel is found not to be in compliance with applicable requirements, standards, or regulations and what remedial steps must be taken in order to comply with them.
46 U.S.C. § 4508 (2024) — Title 46: SHIPPING / Chapter 45 / Section 4508: Repealed. Pub. L. 115-282, title VI, §601(c)(1), Dec. 4, 2018, 132 Stat. 4289
Repealed. Pub. L. 115-282, title VI, §601(c)(1), Dec. 4, 2018, 132 Stat. 4289
Status: repealed

[§4508. Repealed. Pub. L. 115–282, title VI, §601(c)(1), Dec. 4, 2018, 132 Stat. 4289]

Section, added Pub. L. 100–424, §2(a), Sept. 9, 1988, 102 Stat. 1588; amended Pub. L. 101–225, title I, §106, Dec. 12, 1989, 103 Stat. 1910; Pub. L. 102–241, §25, Dec. 19, 1991, 105 Stat. 2217; Pub. L. 104–324, title III, §304(b), Oct. 19, 1996, 110 Stat. 3917; Pub. L. 107–295, title III, §331(a), Nov. 25, 2002, 116 Stat. 2105; Pub. L. 108–293, title IV, §418(a), Aug. 9, 2004, 118 Stat. 1049; Pub. L. 109–241, title IX, §901(g), July 11, 2006, 120 Stat. 564; Pub. L. 111–281, title VI, §604(c)(1)–(3), Oct. 15, 2010, 124 Stat. 2964, 2965, established the Commercial Fishing Safety Advisory Committee. See section 15102 of this title.
46 U.S.C. § 116 (2024) — Title 46: SHIPPING / Chapter 1 / Section 116: Vessel of the United States
Vessel of the United States
Status: in_force

In this title, the term "vessel of the United States" means a vessel documented under chapter 121 of this title (or exempt from documentation under section 12102(c) of this title), numbered under chapter 123 of this title, or titled under the law of a State.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1488.)

Historical and Revision Notes

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

116
46:2101(46).
46 U.S.C. § 8901 (2024) — Title 46: SHIPPING / Chapter 89 / Section 8901: Freight vessels
Freight vessels
Status: in_force

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

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 555; Pub. L. 104–324, title VII, §733, Oct. 19, 1996, 110 Stat. 3941.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

8901 
46:390b

Section 8901 requires that a freight vessel of less than 100 gross tons be operated by a licensed individual for that type vessel and for a particular geographic area.

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 "100 gross tons".
46 U.S.C. § 114 (2024) — Title 46: SHIPPING / Chapter 1 / Section 114: United States
United States
Status: in_force

In this title, the term "United States", when used in a geographic sense, means the States of the United States, the District of Columbia, Guam, Puerto Rico, the Virgin Islands, American Samoa, the Northern Mariana Islands, and any other territory or possession of the United States.

(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)

114
46:2101(44).

 
46 App.:1244(g).
June 29, 1936, ch. 858, title IX, §905(g), 49 Stat. 2016; as added Pub. L. 96–453, §3(b), Oct. 15, 1980, 94 Stat. 2008.

The language in 46 App. U.S.C. 1244(g) relating to the areas and installations in the Republic of Panama is omitted because those areas and installations were turned over to Panama by the end of 1999.
46 U.S.C. § 53203 (2024) — Title 46: SHIPPING / Chapter 532 / Section 53203: Award of operating agreements
Award of operating agreements
Status: in_force

(a) In General.—The Secretary shall require, as a condition of including any vessel in the Cable Fleet, that the person that is the owner or operator of the vessel for purposes of section 53202(c) enter into an Operating Agreement with the Secretary under this section.

(b) Procedure for Applications.—

(1) Acceptance of applications.—Beginning no later than 60 days after the effective date of this chapter, the Secretary shall accept applications for enrollment of vessels in the Cable Fleet.

(2) Action on applications.—Within 120 days after receipt of an application for enrollment of a vessel in the Cable Fleet, the Secretary shall approve the application in conjunction with the Operating Agency, and shall enter into an Operating Agreement with the applicant, or provide in writing the reason for denial of that application.

(c) Priority for Awarding Agreements.—Subject to the availability of appropriations, the Secretary shall enter into Operating Agreements with those vessels determined by the Operating Agency, in its sole discretion, to best meet the national security requirements of the United States. After consideration of national security requirements, priority shall be given to an applicant that is a United States citizen under section 50501 of this title.

(Added Pub. L. 116–92, div. C, title XXXV, §3521(a), Dec. 20, 2019, 133 Stat. 1992.)

Editorial Notes

References in Text

The effective date of this chapter, referred to in subsec. (b)(1), probably means the date of enactment of Pub. L. 116–92, which enacted this chapter and was approved Dec. 20, 2019.
46 U.S.C. § 70007 (2024) — Title 46: SHIPPING / Chapter 700 / Subchapter I / Section 70007: Anchorage grounds
Anchorage grounds
Status: in_force

(a) Anchorage Grounds.—

(1) Establishment.—The Secretary of the department in which the Coast Guard is operating shall define and establish anchorage grounds in the navigable waters of the United States for vessels operating in such waters.

(2) Relevant factors for establishment.—In carrying out paragraph (1), the Secretary shall take into account all relevant factors concerning navigational safety, protection of the marine environment, proximity to undersea pipelines and cables, safe and efficient use of Marine Transportation System, and national security.

(b) Vessel Requirements.—Vessels, of certain sizes or type determined by the Secretary, shall—

(1) set and maintain an anchor alarm for the duration of an anchorage;

(2) comply with any directions or orders issued by the Captain of the Port; and

(3) comply with any applicable anchorage regulations.

(c) Prohibitions.—A vessel may not—

(1) anchor in any Federal navigation channel unless authorized or directed to by the Captain of the Port;

(2) anchor in near proximity, within distances determined by the Coast Guard, to an undersea pipeline or cable, unless authorized or directed to by the Captain of the Port; and

(3) anchor or remain anchored in an anchorage ground during any period in which the Captain of the Port orders closure of the anchorage ground due to inclement weather, navigational hazard, a threat to the environment, or other safety or security concern.

(d) Safety Exception.—Nothing in this section shall be construed to prevent a vessel from taking actions necessary to maintain the safety of the vessel or to prevent the loss of life or property.

(Added Pub. L. 117–263, div. K, title CXIII, §11318(a), Dec. 23, 2022, 136 Stat. 4090.)

Statutory Notes and Related Subsidiaries

Savings Clause

Pub. L. 117–263, div. K, title CXIII, §11318(c), Dec. 23, 2022, 136 Stat. 4091, provided that: "Nothing in this section [enacting this section and provisions set out as a note under this section] shall limit any authority available, as of the date of enactment of this Act [Dec. 23, 2022], to the captain of a port with respect to safety measures or any other authority as necessary for the safety of vessels located in anchorage grounds in the navigable waters of the United States."

Construction; Applicability of Regulations

Pub. L. 117–263, div. K, title CXIII, §11318(e), Dec. 23, 2022, 136 Stat. 4091, provided that: "The amendments made by subsection (a) [enacting this section] may not be construed to alter any existing rules, regulations, or final agency actions issued under section 70006 of title 46, United States Code, as in effect on the day before the date of enactment of this Act [Dec. 23, 2022], until all regulations required under subsection (b) [136 Stat. 4091] take effect."
46 U.S.C. § 60308 (2024) — Title 46: SHIPPING / Chapter 603 / Section 60308: Vessels engaged in Great Lakes trade
Vessels engaged in Great Lakes trade
Status: in_force

A documented vessel with a registry endorsement, engaged in foreign trade on the Great Lakes or their tributary or connecting waters in trade with Canada, does not become subject to tonnage taxes or light money because of that trade.

(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)

60308
46 App.:123.
R.S. §2793; Sept. 25, 1941, ch. 423, 55 Stat. 733; Pub. L. 103–182, title VI, §686(a)(1), Dec. 8, 1993, 107 Stat. 2220; Pub. L. 104–324, title XI, §1115(b)(4), Oct. 19, 1996, 110 Stat. 3972.

The words "or light money" are added for clarity and consistency. See 19 C.F.R. §4.21 (2003).

The statutory source for this section, R.S. §2793, is amended by section 13(a) of this bill. See the explanation in this report for that amendment.
46 U.S.C. § 10317 (2024) — Title 46: SHIPPING / Chapter 103 / Section 10317: Loss of lien and right to wages
Loss of lien and right to wages
Status: in_force

A master or seaman by any agreement other than one provided for in this chapter may not forfeit the master's or seaman's lien on the vessel or be deprived of a remedy to which the master or seaman otherwise would be entitled for the recovery of wages. A stipulation in an agreement inconsistent with this chapter, or a stipulation by which a seaman consents to abandon a right to wages if the vessel is lost, or to abandon a right the seaman may have or obtain in the nature of salvage, is void.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 568.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

10317 
46:600

Section 10317 prohibits a master or seaman from entering into an agreement which forfeits his or her lien on the vessel or other remedy for recovery of wages, and renders such agreements void.
46 U.S.C. § 31105 (2024) — Title 46: SHIPPING / Chapter 311 / Section 31105: Security when counterclaim filed
Security when counterclaim filed
Status: in_force

If a counterclaim is filed for a cause of action for which the original action is filed under this chapter, the respondent to the counterclaim shall give security in the usual amount and form to respond to the counterclaim, unless the court for cause shown orders otherwise. The proceedings in the original action shall be stayed until the security is given.

(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1522.)

Historical and Revision Notes

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

31105
46 App.:783 (proviso).
Mar. 3, 1925, ch. 428, §3 (proviso), 43 Stat. 1112.

The word "counterclaim" is substituted for "cross-libel", and the words "original action" are substituted for "original libel", to conform to the terminolgy in the Federal Rules of Civil Procedure (28 App. U.S.C.).
46 U.S.C. § 7110 (2024) — Title 46: SHIPPING / Chapter 71 / Section 7110: Exhibiting licenses
Exhibiting licenses
Status: in_force

Each holder of a license issued under this part shall display, within 48 hours after employment on a vessel for which that license is required, the license in a conspicuous place on the vessel.

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

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

7109 
46:229f
46:232

Section 7110 requires licensed individuals to display the license in a conspicuous place on the vessel within 48 hours after they are employed.
46 U.S.C. § 30910 (2024) — Title 46: SHIPPING / Chapter 309 / Section 30910: Exoneration and limitation
Exoneration and limitation
Status: in_force

The United States is entitled to the exemptions from and limitations of liability provided by law to an owner, charterer, operator, or agent of a vessel.

(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)

30910
46 App.:746.
Mar. 9, 1920, ch. 95, §6, 41 Stat. 527.
46 U.S.C. § 9308 (2024) — Title 46: SHIPPING / Chapter 93 / Section 9308: Penalties
Penalties
Status: in_force

(a) An owner, charterer, managing operator, agent, master, or individual in charge of a vessel knowingly allowing the vessel to be operated in violation of section 9302 of this title is liable to the United States Government for a civil penalty of no more than $10,000 for each day during which the vessel is in violation. The vessel also is liable in rem for the penalty.

(b) An individual who directs the navigation of a vessel in violation of section 9302 of this title is liable to the Government for a civil penalty of no more than $10,000 for each day during which the violation occurs.

(c) A person violating a regulation prescribed under section 9303 of this title is liable to the Government for a civil penalty of no more than $10,000.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 560; Pub. L. 101–380, title IV, §4108(b), Aug. 18, 1990, 104 Stat. 515.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

9308 
46:216e(a)–(c)

Section 9308 prescribes the penalties for violations of sections 9302 and 9303.

Editorial Notes

Amendments

1990—Subsecs. (a) to (c). Pub. L. 101–380 substituted "no more than $10,000" for "$500".

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. § 12152 (2024) — Title 46: SHIPPING / Chapter 121 / Subchapter IV / Section 12152: Denial or revocation of endorsement for non-payment of civil penalty
Denial or revocation of endorsement for non-payment of civil penalty
Status: in_force

If the owner of a vessel fails to pay a civil penalty imposed by the Secretary, the Secretary may deny the issuance or renewal of an endorsement, or revoke the endorsement, on a certificate of documentation issued for the vessel under this chapter.

(Pub. L. 109–304, §5, Oct. 6, 2006, 120 Stat. 1508.)

Historical and Revision Notes

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

12152
46:12123.
46 U.S.C. § 70111 (2024) — Title 46: SHIPPING / Chapter 701 / Subchapter I / Section 70111: Enhanced crewmember identification
Enhanced crewmember identification
Status: in_force

(a) Requirement.—Not later than 1 year after the date of enactment of the SAFE Port Act, the Secretary, in consultation with the Attorney General and the Secretary of State, shall require crewmembers on vessels calling at United States ports to carry and present on demand any identification that the Secretary decides is necessary.

(b) Forms and Process.—Not later than 1 year after the date of enactment of the SAFE Port Act, the Secretary, in consultation with the Attorney General and the Secretary of State, shall establish the proper forms and process that shall be used for identification and verification of crewmembers.

(Added Pub. L. 107–295, title I, §102(a), Nov. 25, 2002, 116 Stat. 2080; amended Pub. L. 109–347, title I, §110, Oct. 13, 2006, 120 Stat. 1893.)

Editorial Notes

References in Text

The date of enactment of the SAFE Port Act, referred to in subsecs. (a) and (b), is the date of enactment of Pub. L. 109–347, which was approved Oct. 13, 2006.

Amendments

2006—Subsecs. (a), (b). Pub. L. 109–347 substituted "Not later than 1 year after the date of enactment of the SAFE Port Act, the" for "The".

Statutory Notes and Related Subsidiaries

International Seafarer Identification

Pub. L. 107–295, title I, §103, Nov. 25, 2002, 116 Stat. 2084, provided that:

"(a) Treaty Initiative.—The Secretary of the department in which the Coast Guard is operating is encouraged to negotiate an international agreement, or an amendment to an international agreement, that provides for a uniform, comprehensive, international system of identification for seafarers that will enable the United States and another country to establish authoritatively the identity of any seafarer aboard a vessel within the jurisdiction, including the territorial waters, of the United States or such other country.

"(b) Legislative Alternative.—If the Secretary fails to complete a negotiation process undertaken under subsection (a) within 24 months after the date of enactment of this Act [Nov. 25, 2002], the Secretary shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a draft of legislation that, if enacted, would establish a uniform, comprehensive system of identification for seafarers."

[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. § 2118 (2024) — Title 46: SHIPPING / Chapter 21 / Section 2118: Establishment of equipment standards
Establishment of equipment standards
Status: in_force

(a) In establishing standards for approved equipment required on vessels subject to part B of this subtitle, the Secretary shall establish standards that are—

(1) based on performance using the best available technology that is economically achievable; and

(2) operationally practical.

(b) Using the standards established under subsection (a), the Secretary may also certify lifesaving equipment that is not required to be carried on vessels subject to part B of this subtitle to ensure that such equipment is suitable for its intended purpose.

(c) At least once every 10 years the Secretary shall review and revise the standards established under subsection (a) to ensure that the standards meet the requirements of this section.

(Added Pub. L. 111–281, title VI, §608(a), Oct. 15, 2010, 124 Stat. 2968; amended Pub. L. 114–120, title III, §306(a)(2), Feb. 8, 2016, 130 Stat. 54.)

Editorial Notes

Amendments

2016—Subsec. (a). Pub. L. 114–120, §306(a)(2)(A), substituted "subtitle," for "title,".

Subsec. (b). Pub. L. 114–120, §306(a)(2)(B), substituted "subtitle" for "title".
46 U.S.C. § 12131 (2024) — Title 46: SHIPPING / Chapter 121 / Subchapter III / Section 12131: Command of documented vessels
Command of documented vessels
Status: in_force

(a) In General.—Except as provided in subsection (b), a documented vessel may be placed under the command only of a citizen of the United States.

(b) Exceptions.—Subsection (a) does not apply to—

(1) a vessel with only a recreational endorsement; or

(2) an unmanned barge operating outside of the territorial waters of the United States.

(Pub. L. 109–304, §5, Oct. 6, 2006, 120 Stat. 1505; Pub. L. 110–181, div. C, title XXXV, §3529(a)(3), Jan. 28, 2008, 122 Stat. 603.)

Historical and Revision Notes

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

12131
46:12110(d).

Editorial Notes

Amendments

2008—Subsec. (a). Pub. L. 110–181 substituted "command" for "commmand".
46 U.S.C. § 60305 (2024) — Title 46: SHIPPING / Chapter 603 / Section 60305: Vessels in distress
Vessels in distress
Status: in_force

A vessel is exempt from tonnage taxes and light money when it enters because it is in distress.

(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)

60305
46 App.:121 (3d sentence related to distress).
Aug. 5, 1909, ch. 6, §36 (2d sentence related to distress), 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. § 80107 (2024) — Title 46: SHIPPING / Chapter 801 / Section 80107: Salvors of life to share in remuneration
Salvors of life to share in remuneration
Status: in_force

(a) Entitlement of Salvors.—A salvor of human life, who gave aid following an accident giving rise to salvage, is entitled to a fair share of the payment awarded to the salvor for salvaging the vessel or other property or preventing or minimizing damage to the environment.

(b) Common Ownership of Vessels.—The right to remuneration for aid or salvage services is not affected by common ownership of the vessels giving and receiving the aid or salvage services.

(c) Time Limit on Bringing Actions.—A civil action to recover remuneration for giving aid or salvage services must be brought within 2 years after the date the aid or salvage services were given, unless the court in which the action is brought is satisfied that during that 2-year period there had not been a reasonable opportunity to seize the aided or salvaged vessel within the jurisdiction of the court or within the territorial waters of the country of the plaintiff's residence or principal place of business.

(d) Nonapplication.—This section does not apply to a vessel of war or a vessel owned by the United States Government appropriated only to a public service.

(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)

80107(a)
46 App.:729.
Aug. 1, 1912, ch. 268, §§1, 3–5, 37 Stat. 242; Pub. L. 102–241, §40, Dec. 19, 1991, 105 Stat. 2225.

80107(b)
46 App.:727.

80107(c)
46 App.:730.

80107(d)
46 App.:731.

In subsection (c), the words "civil action" are substituted for "suit", the words "must be brought within 2 years after" are substituted for "shall not be maintainable if brought later than two years from", and the word "seize" is substituted for "arresting", for consistency in the revised title. The words "of the plaintiff's residence or principal place of business" are substituted for "in which the libelant resides or has his principal place of business" for consistency and to eliminate unnecessary words.

In subsectoin [sic] (d), the reference to section 2304 of title 46 is omitted because of the amendment to section 2304 in section 14(8) of the bill.
46 U.S.C. § 7102 (2024) — Title 46: SHIPPING / Chapter 71 / Section 7102: Citizenship
Citizenship
Status: in_force

Licenses and certificates of registry for individuals on documented vessels may be issued only to citizens of the United States.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 540.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

7102 
46:242
46:1132(a)

Section 7102 requires that any individual issued a license or certificate of registry allowing the individual to be engaged on a documented vessel must be a U.S. citizen.
46 U.S.C. § 30102 (2024) — Title 46: SHIPPING / Chapter 301 / Section 30102: Liability to passengers
Liability to passengers
Status: in_force

(a) Liability.—The owner and master of a vessel, and the vessel, are liable for personal injury to a passenger or damage to a passenger's baggage caused by—

(1) a neglect or failure to comply with part B or F of subtitle II of this title; or

(2) a known defect in the steaming apparatus or hull of the vessel.

(b) Not Subject to Limitation.—A liability imposed under this section is not subject to limitation under chapter 305 of this title.

(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1509.)

Historical and Revision Notes

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

30102
46 App.:491 (words before semicolon).
R.S. §4493 (words before semicolon).

In subsection (a), before paragraph (1), the words "or either of them" are omitted as unnecessary. The words "are liable for personal injury to a passenger or damage to a passenger's baggage" are substituted for "Whenever damage is sustained by any passenger or his baggage" and "shall be liable to each and every person so injured" for clarity and to eliminate unnecessary words. The words "from explosion, fire, collision, or other cause" are omitted as unnecessary. The words "caused by" are substituted for "if it happens through" to eliminate unnecessary words. In paragraph (1), the words "part B or F of subtitle II of this title" are substituted for "title 52 of the Revised Statutes" because of the prior codification of subtitle II of title 46. In paragraph (2), the word "imperfections" is omitted as included in "defect".

Subsection (b) is substituted for "to the full amount of damage" for clarity. See Hines v. Butler, 278 F. 877, 880, 881 (4th Cir. 1921), cert. denied, 257 U.S. 659 (1922); The Annie Faxon, 75 F. 312, 317–319 (9th Cir. 1896).
46 U.S.C. § 30106 (2024) — Title 46: SHIPPING / Chapter 301 / Section 30106: Time limit on bringing maritime action for personal injury or death
Time limit on bringing maritime action for personal injury or death
Status: in_force

Except as otherwise provided by law, a civil action for damages for personal injury or death arising out of a maritime tort must be brought within 3 years after the cause of action arose.

(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)

30106
46 App.:763a.
Pub. L. 96–382, §1, Oct. 6, 1980, 94 Stat. 1525.

The words "civil action" are substituted for "suit" for consistency with rule 2 of the Federal Rules or Civil Procedure (28 App. U.S.C.). The words "or both" are omitted as unnecessary. The words "must be brought" are substituted for "shall not be maintained unless commenced" for clarity and consistency. The word "arose" is substituted for "accrued" for consistency in the revised title.
46 U.S.C. § 10603 (2024) — Title 46: SHIPPING / Chapter 106 / Section 10603: Seaman's duty to notify employer regarding illness, disability, and injury
Seaman's duty to notify employer regarding illness, disability, and injury
Status: in_force

(a) A seaman on a fishing vessel, fish processing vessel, or fish tender vessel shall notify the master or individual in charge of the vessel or other agent of the employer regarding any illness, disability, or injury suffered by the seaman when in service to the vessel not later than seven days after the date on which the illness, disability, or injury arose.

(b) The Secretary shall prescribe regulations requiring that each fishing vessel, fish processing vessel, and fish tender vessel shall have on board a placard displayed in a prominent location accessible to the crew describing the seaman's duty under subsection (a) of this section.

(Pub. L. 100–424, §6(a), Sept. 9, 1988, 102 Stat. 1592.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

10603 
New
46 U.S.C. § 10304 (2024) — Title 46: SHIPPING / Chapter 103 / Section 10304: Form of agreement
Form of agreement
Status: in_force

The form of the agreement required by section 10302 of this title shall be in substance as follows:

United States of America

(Date and place of first signature of agreement):

It is agreed between the master and seamen of the         , of which              is at present master, or whoever shall go for master, now bound from the port of            to            (here the voyage is to be described, and the places named at which the vessel is to touch, or if that cannot be done, the general nature and probable length of the voyage is to be stated).

The seamen agree to conduct themselves in an orderly, faithful, honest, and sober manner, and to be at all times diligent in their respective duties, and to be obedient to the lawful commands of the master, or of an individual who lawfully succeeds the master, and of their superior officers in everything related to the vessel, and the stores and cargo of the vessel, whether on board, in boats, or on shore. In consideration of this service by the seamen to be performed, the master agrees to pay the crew, as wages, the amounts beside their names respectively expressed, and to supply them with provisions according to the annexed scale.

It is agreed that any embezzlement, or willful or negligent destruction of any part of the vessel's cargo or stores, shall be made good to the owner out of the wages of the person guilty of the embezzlement or destruction.

If an individual holds himself or herself out as qualified for a duty which the individual proves incompetent to perform, the individual's wages shall be reduced in proportion to the incompetency.

It also is agreed that if a seaman considers himself or herself to be aggrieved by any breach of this agreement or otherwise, the seaman shall present the complaint to the master or officer in charge of the vessel, in a quiet and orderly manner, who shall take steps that the case requires.

It also is agreed that (here any other stipulations may be inserted to which the parties agree, and that are not contrary to law).

In witness whereof, the parties have subscribed their names to this agreement, on the dates beside their respective signatures.

Signed by             , master, on the          day of         , nineteen hundred and            .

Signature of seaman

Time of service:

Birthplace

  Months

Age

  Days

Height:

Hospital money

  Feet

Whole wages

  Inches

Wages due

Description:

Place and time of entry

  Complexion

Time at which seaman is to

  Hair

 be on board

Wages each month

In what capacity

Wages each voyage

Allotment payable to

Advance wages

Conduct qualifications

Amount of monthly

 allotment

        

Note.—In the place for signature and descriptions of individuals engaged after the first departure of the vessel, the entries are to be made as above, except that the signature of the consul or vice consul, customs officer, or witness before whom the individual is engaged, is to be entered.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 562; Pub. L. 103–206, title IV, §402, Dec. 20, 1993, 107 Stat. 2436.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

10304 
46:713

Section 10304 provides the form of the shipping articles of agreement. While the exact format need not be followed, the form that is used must contain all the pertinent elements.

Editorial Notes

Amendments

1993—Pub. L. 103–206 struck out "Shipping commissioner's signature or initials" immediately below "In what capacity" in the form.
46 U.S.C. § 31102 (2024) — Title 46: SHIPPING / Chapter 311 / Section 31102: Waiver of immunity
Waiver of immunity
Status: in_force

(a) In General.—A civil action in personam in admiralty may be brought, or an impleader filed, against the United States for—

(1) damages caused by a public vessel of the United States; or

(2) compensation for towage and salvage services, including contract salvage, rendered to a public vessel of the United States.

(b) Counterclaim or Setoff.—If the United States brings a civil action in admiralty for damages caused by a privately owned vessel, the owner of the vessel, or the successor in interest, may file a counterclaim in personam, or claim a setoff, against the United States for damages arising out of the same subject matter.

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

Historical and Revision Notes

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

31102(a)
46 App.:781.
Mar. 3, 1925, ch. 428, §1, 43 Stat. 1112.

31102(b)
46 App.:783 (words before proviso).
Mar. 3, 1925, ch. 428, §3 (words before proviso), 43 Stat. 1112.

In this section, the words "civil action" are substituted for "libel" because of rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).

In subsection (a), the words "Provided, That the cause of action arose after the 6th day of April, 1920" are omitted as unnecessary.

In subsection (b), the words "in rem or in personam" are omitted as unnecessary. The words "file a counterclaim in personam, or claim a setoff" are substituted for "file a cross libel in personam or claim a set-off or counterclaim" to conform to the terminolgy in the Federal Rules of Civil Procedure and to eliminate unnecessary words. The words "for damages arising out of the same subject matter" are substituted for "in such suit for and on account of any damages arising out of the same subject matter or cause of action" to eliminate unnecessary words.
46 U.S.C. § 2111 (2024) — Title 46: SHIPPING / Chapter 21 / Section 2111: Pay for overtime services
Pay for overtime services
Status: in_force

(a) The Secretary may prescribe a reasonable rate of extra pay for overtime services of civilian officers and employees of the Coast Guard required to remain on duty between 5 p.m. and 8 a.m., or on Sundays or holidays, to perform services related to—

(1) the inspection of vessels or their equipment;

(2) the engagement and discharge of crews of vessels;

(3) the measurement of vessels; and

(4) the documentation of vessels.

(b) Except for Sundays and holidays, the overtime rate provided under subsection (a) of this section is one-half day's additional pay for each 2 hours of overtime (or part of 2 hours of at least one hour). The total extra pay may be not more than 2 and one-half days' pay for any one period from 5 p.m. to 8 a.m.

(c) The overtime rate provided under subsection (a) of this section for Sundays and holidays is 2 additional days' pay.

(d) The owner, charterer, managing operator, agent, master, or individual in charge of the vessel shall pay the amount of the overtime pay provided under this section to the official designated by regulation. The official shall deposit the amount paid to the Treasury as miscellaneous receipts. Payment to the officer or employee entitled to the pay shall be made from the annual appropriations for salaries and expenses of the Coast Guard.

(e) The overtime pay provided under this section shall be paid if the authorized officers and employees have been ordered to report for duty and have reported, even if services requested were not performed.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 507.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

2111 
46:382b

Section 2111 provides for the payment of overtime rates for work performed by civilian officers and employees of the Coast Guard for certain specified activities.

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. § 55304 (2024) — Title 46: SHIPPING / Chapter 553 / Subchapter I / Section 55304: Exports financed by the United States Government
Exports financed by the United States Government
Status: in_force

It is the sense of Congress that any loans made by an instrumentality of the United States Government to foster the exporting of agricultural or other products shall provide that the products may be transported only on vessels of the United States unless, as to any or all of those products, the Secretary of Transportation, after investigation, certifies to the instrumentality that vessels of the United States are not available in sufficient number, in sufficient tonnage capacity, on necessary schedules, or at reasonable rates.

(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)

55304
46 App.:1241–1.
Mar. 26, 1934, ch. 90, 48 Stat. 500; June 29, 1936, ch. 858, §204, 49 Stat. 1987; Pub. L. 97–31, §12(127), Aug. 6, 1981, 95 Stat. 165.

This section codifies the Joint Resolution of March 26, 1934 (ch. 90, 48 Stat. 500) (also commonly known as Public Resolution 17). The codification of this provision is not intended to change its status as a "Sense of Congress" provision in any way. The words "Reconstruction Finance Corporation or" are omitted as obsolete because the Reconstruction Finance Corporation was abolished by section 6 of Reorganization Plan No. 1 of 1957 (5 App. U.S.C.).
46 U.S.C. § 80102 (2024) — Title 46: SHIPPING / Chapter 801 / Section 80102: Repealed. Pub. L. 110-375, §1(1), Oct. 8, 2008, 122 Stat. 4055
Repealed. Pub. L. 110-375, §1(1), Oct. 8, 2008, 122 Stat. 4055
Status: repealed

[§80102. Repealed. Pub. L. 110–375, §1(1), Oct. 8, 2008, 122 Stat. 4055]

Section, Pub. L. 109–304, §11, Oct. 6, 2006, 120 Stat. 1690, related to license to salvage on Florida coast.
46 U.S.C. § 53719 (2024) — Title 46: SHIPPING / Chapter 537 / Subchapter I / Section 53719: Best practices
Best practices
Status: in_force

The Secretary or Administrator shall ensure that all standard documents and agreements that relate to loan guarantees made pursuant to this chapter are reviewed and updated every four years to ensure that such documents and agreements meet the current commercial best practices to the extent permitted by law.

(Added Pub. L. 116–92, div. C, title XXXV, §3506(i)(1), Dec. 20, 2019, 133 Stat. 1973.)
46 U.S.C. § 57516 (2024) — Title 46: SHIPPING / Chapter 575 / Subchapter II / Section 57516: Operating-differential subsidies
Operating-differential subsidies
Status: in_force

If the Secretary of Transportation considers it necessary, the Secretary may make a contract with a charterer of a vessel owned by the Secretary for payment of an operating-differential subsidy, on the same terms and conditions, and subject to the same limitations and restrictions, as otherwise provided with respect to payment of operating-differential subsidies to operators of privately-owned vessels.

(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)

57516
46 App.:1198.
June 29, 1936, ch. 858, title VII, §708, 49 Stat. 2009; June 23, 1938, ch. 600, §31, 52 Stat. 962; Pub. L. 97–31, §12(110), Aug. 6, 1981, 95 Stat. 163.
46 U.S.C. § 58106 (2024) — Title 46: SHIPPING / Chapter 581 / Section 58106: Concerted discriminatory activities
Concerted discriminatory activities
Status: in_force

(a) Prohibition.—A contractor receiving an operating-differential subsidy, or a charterer under chapter 575 of this title, may not continue as a party to or conform to an agreement with another carrier by water, or engage in a practice in concert with another carrier by water, that is unjustly discriminatory or unfair to any other citizen of the United States operating a common carrier by water employing only vessels documented under the laws of the United States on an established trade route from and to a United States port.

(b) Government Payment Prohibited.—No payment or subsidy of any kind may be paid, directly or indirectly, out of funds of the United States Government to a contractor or charterer that has violated subsection (a).

(c) Civil Action.—A person whose business or property is injured by a violation of subsection (a) may bring a civil action in the district court of the United States for the district in which the defendant resides, is found, or has an agent. If the person prevails, the person shall be awarded—

(1) 3 times the damages; and

(2) costs, including reasonable attorney fees.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1672.)

Historical and Revision Notes

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

58106
46 App.:1227.
June 29, 1936, ch. 858, title VIII, §810, 49 Stat. 2015.

In subsection (b), the words "United States Government" are substituted for "United States or any agency of the United States" for consistency and to eliminate unnecessary words.

In subsection (c), the words "bring a civil action" are substituted for "sue" for consistency in the revised title. The words "without respect to the amount in controversy" are omitted because section 1331 of title 28 no longer contains a requirement of any particular amount in controversy for jurisdiction of civil actions arising under the laws of the United States. The words "If the person prevails" are added for clarity.
46 U.S.C. § 53109 (2024) — Title 46: SHIPPING / Chapter 531 / Section 53109: Repealed. Pub. L. 112-239, div. C, title XXXV, §3508(h), Jan. 2, 2013, 126 Stat. 2225
Repealed. Pub. L. 112-239, div. C, title XXXV, §3508(h), Jan. 2, 2013, 126 Stat. 2225
Status: repealed

[§53109. Repealed. Pub. L. 112–239, div. C, title XXXV, §3508(h), Jan. 2, 2013, 126 Stat. 2225]

Section, Pub. L. 108–136, div. C, title XXXV, §3531(a), Nov. 24, 2003, 117 Stat. 1817, related to special rule regarding age of participating fleet vessel.
46 U.S.C. § 51907 (2024) — Title 46: SHIPPING / Chapter 519 / Section 51907: Provision of decorations, medals, and replacements
Provision of decorations, medals, and replacements
Status: in_force

The Secretary of Transportation may provide—

(1) the decorations and medals authorized by this chapter and replacements for those decorations and medals; and

(2) replacements for decorations and medals issued under a prior law.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1585; Pub. L. 109–163, div. C, title XXXV, §3510, Jan. 6, 2006, 119 Stat. 3557; Pub. L. 110–181, div. C, title XXXV, §3523(a)(5)(A), (b), Jan. 28, 2008, 122 Stat. 599, 600.)

Historical and Revision Notes

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

51907
46 App.:2004(c).
Pub. L. 100–324, §5(c), May 30, 1988, 102 Stat. 577.

The Secretary's authority to provide decorations and medals at cost, or to authorize the sale of decorations and medals at reasonable prices, is restated to apply only to replacement awards because Congress probably did not intend that recipients being honored would pay for their decorations and medals.

Editorial Notes

Amendments

2008—Pub. L. 110–181, §3523(b), repealed Pub. L. 109–163, §3510. See 2006 Amendment note below.

Pub. L. 110–181, §3523(a)(5)(A), incorporated the substance of the amendment by Pub. L. 109–163, §3510, into this section by amending section catchline and text generally. Prior to amendment, text read as follows: "The Secretary of Transportation may—

"(1) authorize private persons to manufacture decorations and medals authorized under this chapter or a prior law; and

"(2) provide at cost, or authorize private persons to sell at reasonable prices, replacements for those decorations and medals."

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, §3510, which directed the amendment of section 2004(c) of the former Appendix to this title from which this section was derived, was repealed by Pub. L. 110–181, §3523(b). See 2008 Amendment notes and Historical and Revision notes above.
46 U.S.C. § 12305 (2024) — Title 46: SHIPPING / Chapter 123 / Section 12305: Displaying numbers
Displaying numbers
Status: in_force

A number required by this chapter shall be painted on, or attached to, each side of the forward half of the vessel for which it was issued, and shall be the size, color, and type as may be prescribed by the Secretary. No other number may be carried on the forward half of the vessel.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 591.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

12305 
46:1470

Section 12305 describes the manner in which a number must be displayed on a vessel, and prohibits the display of other numbers on the forward half of the vessel.
46 U.S.C. § 11103 (2024) — Title 46: SHIPPING / Chapter 111 / Section 11103: Slop chests
Slop chests
Status: in_force

(a) A vessel to which section 11102 of this title applies shall be provided with a slop chest containing sufficient clothing for the intended voyage for each seaman, including—

(1) boots or shoes;

(2) hats or caps;

(3) underclothing;

(4) outer clothing;

(5) foul weather clothing;

(6) everything necessary for the wear of a seaman; and

(7) a complete supply of tobacco and blankets.

(b) Merchandise in the slop chest shall be sold to a seaman desiring it, for the use of the seaman, at a profit of not more than 10 percent of the reasonable wholesale value of the merchandise at the port at which the voyage began.

(c) This section does not apply to a vessel on a voyage to Canada, Bermuda, the West Indies, Mexico, or Central America, or a fishing or whaling vessel.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 578.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

11103 
46:670
46:671

Section 11103 requires that a United States vessel on a foreign or intercoastal domestic voyage be equipped with a slop chest and lists the items the slop chest must contain.
46 U.S.C. § 50101 (2024) — Title 46: SHIPPING / Chapter 501 / Section 50101: Objectives and policy
Objectives and policy
Status: in_force

(a) Objectives.—It is necessary for the national defense and the development of the domestic and foreign commerce of the United States that the United States have a merchant marine—

(1) sufficient to carry the waterborne domestic commerce and a substantial part of the waterborne export and import foreign commerce of the United States and to provide shipping service essential for maintaining the flow of the waterborne domestic and foreign commerce at all times;

(2) capable of serving as a naval and military auxiliary in time of war or national emergency;

(3) owned and operated as vessels of the United States by citizens of the United States;

(4) composed of the best-equipped, safest, and most suitable types of vessels constructed in the United States and manned with a trained and efficient citizen personnel; and

(5) supplemented by efficient facilities for building and repairing vessels.

(b) Policy.—It is the policy of the United States to encourage and aid the development and maintenance of a merchant marine satisfying the objectives described in subsection (a).

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1556; Pub. L. 111–84, div. C, title XXXV, §3511, Oct. 28, 2009, 123 Stat. 2722.)

Historical and Revision Notes

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

50101
46 App.:861.
June 5, 1920, ch. 250, §1, 41 Stat. 988; 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(33), Aug. 6, 1981, 95 Stat. 156.

 
46 App.:891.
May 22, 1928, ch. 675, §1, 45 Stat. 689.

 
46 App.:1101.
June 29, 1936, ch. 858, title I, §101, 49 Stat. 1985; Pub. L. 91–469, §1, Oct. 21, 1970, 84 Stat. 1018.

This section consolidates the source provisions to eliminate repetition.

Editorial Notes

Amendments

2009—Subsec. (a)(4). Pub. L. 111–84 inserted "constructed in the United States" after "vessels".
46 U.S.C. § 3103 (2024) — Title 46: SHIPPING / Chapter 31 / Section 3103: Use of reports, documents, and records
Use of reports, documents, and records
Status: in_force

The Secretary may rely, as evidence of compliance with this subtitle, on—

(1) reports, documents, and records of other persons who have been determined by the Secretary to be reliable; and

(2) other methods the Secretary has determined to be reliable.

(Added Pub. L. 104–324, title VI, §603(a), Oct. 19, 1996, 110 Stat. 3930.)
46 U.S.C. § 10303 (2024) — Title 46: SHIPPING / Chapter 103 / Section 10303: Provisions
Provisions
Status: in_force

(a) A seaman shall be served at least 3 meals a day that total at least 3,100 calories, including adequate water and adequate protein, vitamins, and minerals in accordance with the United States Recommended Daily Allowances.

(b) The text of subsection (a) of this section shall be included in the agreement required by section 10302 of this title. A copy of the text also shall be posted in a conspicuous place in the galley and forecastle of each vessel.

(c) This section does not apply to a fishing or whaling vessel or a yacht.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 562.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

10303 
46:713

Section 10303 requires that seamen be served adequate food and water and that the text of this requirement be posted in the galley. The provisions do not apply to fishing vessels, whaling vessels, or yachts.
46 U.S.C. § 3505 (2024) — Title 46: SHIPPING / Chapter 35 / Section 3505: Prevention of departure
Prevention of departure
Status: in_force

Notwithstanding section 3303 of this title, a foreign vessel carrying a citizen of the United States as a passenger or embarking passengers from a United States port may not depart from a United States port if the Secretary finds that the vessel does not comply with the standards stated in the International Convention for the Safety of Life at Sea to which the United States Government is currently a party.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 520; Pub. L. 102–587, title V, §5210(b), Nov. 4, 1992, 106 Stat. 5076; Pub. L. 108–293, title IV, §411(a), Aug. 9, 2004, 118 Stat. 1045.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

3505 
46:362(c)

Section 3505 prohibits the departure from a United States port or place of any passenger vessel of more than 100 gross tons having berthing for at least 50 passengers, if the vessel does not comply with the international maritime safety standards applicable to United States vessels.

Editorial Notes

Amendments

2004—Pub. L. 108–293 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: "Notwithstanding section 3303(a) of this title, a foreign vessel may not depart from a United States port with passengers who are embarked at that port, if the Secretary finds that the vessel does not comply with the standards stated in the International Convention for the Safety of Life at Sea to which the United States Government is currently a party."

1992—Pub. L. 102–587 substituted "foreign vessel may not depart" for "foreign or domestic vessel of more than 100 gross tons having berth or stateroom accommodations for at least 50 passengers may not depart".

Statutory Notes and Related Subsidiaries

International Convention for Safety of Life at Sea

For International Conventions for the Safety of Life at Sea to which the United States has been a party, see section 1602 of Title 33, Navigation and Navigable Waters, and notes thereunder.
46 U.S.C. § 12135 (2024) — Title 46: SHIPPING / Chapter 121 / Subchapter III / Section 12135: Invalidation of certificates of documentation
Invalidation of certificates of documentation
Status: in_force

A certificate of documentation or an endorsement on the certificate is invalid if the vessel for which it is issued—

(1) no longer meets the requirements of this chapter and regulations prescribed under this chapter applicable to the certificate or endorsement; or

(2) is placed under the command of an individual not a citizen of the United States in violation of section 12131 of this title.

(Pub. L. 109–304, §5, Oct. 6, 2006, 120 Stat. 1506.)

Historical and Revision Notes

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

12135
46:12111(a).

In paragraph (2), the words "except for a recreational endorsement" are omitted as unnecessary because a recreational endorsement does not permit a vessel to engage in a trade.
46 U.S.C. § 11502 (2024) — Title 46: SHIPPING / Chapter 115 / Section 11502: Entry of offenses in logbook
Entry of offenses in logbook
Status: in_force

(a) When an offense listed in section 11501 of this title is committed, an entry shall be made in the vessel's official logbook—

(1) on the day of the offense;

(2) stating the details;

(3) signed by the master; and

(4) signed by the chief mate or another seaman.

(b) Before arrival in port if the offense was committed at sea, or before departure if the offense was committed in port and the offender is still on the vessel—

(1) the entry shall be read to the offender;

(2) the offender shall be given a copy; and

(3) the offender shall be given the opportunity to reply.

(c) After subsection (b) of this section has been complied with, an entry shall be made in the official logbook—

(1) stating that the entry about the offense was read and a copy provided to the offender;

(2) stating the offender's reply;

(3) signed by the master; and

(4) signed by the chief mate or another seaman.

(d) In a subsequent legal proceeding, if the entries required by this section are not produced or proved, the court may refuse to receive evidence of the offense.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 583.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

11502 
46:702

Section 11502 describes the manner in which offenses must be recorded in the official logbook, and the use of the records by the court.
46 U.S.C. § 30908 (2024) — Title 46: SHIPPING / Chapter 309 / Section 30908: Exemption from arrest or seizure
Exemption from arrest or seizure
Status: in_force

The following are not subject to arrest or seizure by judicial process in the United States:

(1) A vessel owned by, possessed by, or operated by or for the United States or a federally-owned corporation.

(2) Cargo owned or possessed by the United States or a federally-owned corporation.

(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)

30908
46 App.:741 (less 11th–26th words).
Mar. 9, 1920, ch. 95, §1 (less 11th–26th words), 41 Stat. 525; Sept. 26, 1950, ch. 1049, §2(a)(2), 64 Stat. 1038; Pub. L. 96–70, §3(b)(5), Sept. 27, 1979, 93 Stat. 455.

The words "a federally-owned corporation" are substituted for "any corporation in which the United States or its representatives shall own the entire outstanding capital stock" because of the definition of "federally-owned corporation" in section 30902 of the revised title. The words "after March 9, 1920" are omitted as obsolete. The words "in view of the provision herein made for a libel in personam" are omitted as unnecessary. The words "or its possessions" are omitted because of the definition of "United States" in chapter 1 of the revised title. The words "Provided, That this chapter shall not apply to the Panama Canal Commission" are omitted because the Commission has been dissolved. See 22 U.S.C. 3714a.
46 U.S.C. § 12507 (2024) — Title 46: SHIPPING / Chapter 125 / Section 12507: Penalties
Penalties
Status: in_force

(a) A person shall be fined under title 18, imprisoned for not more than 2 years, or both, if the person with the intent to defraud—

(1) provides false information to the Secretary of Transportation or a State issuing authority regarding the identification of a vessel under this chapter; or

(2) tampers with, removes, or falsifies the unique vessel identification number assigned to a vessel under section 12502 of this title.

(b) A person is liable to the United States Government for a civil penalty of not more than $10,000 if the person—

(1) provides false information to the Secretary or a State issuing authority regarding the identification of a vessel under this chapter;

(2) violates section 12502 of this title; or

(3) fails to comply with requirements prescribed by the Secretary under section 12505 of this title.

(c) A vessel involved in a violation of this chapter, or regulation under this chapter, and its equipment, may be seized by, and forfeited to, the Government.

(d) If a person, not an individual, is involved in a violation of this chapter, the president or chief executive of the person also is subject to any penalty provided under this section.

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

Historical and Revision Notes

Revised section 12507

This section establishes criminal and civil penalties for certain violations of chapter 125 of title 46 (as enacted by this Act).

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. § 10508 (2024) — Title 46: SHIPPING / Chapter 105 / Section 10508: General penalties
General penalties
Status: in_force

(a) A master who carries a seaman on a voyage without first making the agreement required by section 10502 of this title shall pay to the seaman the highest wage that was paid for a similar voyage within the 3 months before the time of engagement at the port or place at which the seaman was engaged. A seaman who has not signed an agreement is not bound by the applicable regulations, penalties, or forfeitures.

(b) A master engaging a seaman in violation of this chapter or a regulation prescribed under this chapter is 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. 572; Pub. L. 103–206, title IV, §416, Dec. 20, 1993, 107 Stat. 2438.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

10508 
46:575

Section 10508 provides for a fair wage to be paid to a seaman who was engaged without a shipping agreement, and also exempts the seaman under certain conditions from applicable regulations, penalties or forfeitures. It also provides a penalty for violation of its provisions.

Editorial Notes

Amendments

1993—Subsec. (b). Pub. L. 103–206 substituted "not more than $5,000" for "$20".
46 U.S.C. § 9305 (2024) — Title 46: SHIPPING / Chapter 93 / Section 9305: Agreements with Canada
Agreements with Canada
Status: in_force

To provide for a coordinated system of pilotage service on the Great Lakes, the Secretary, subject to the concurrence of the Secretary of State, may make agreements with the appropriate agency of Canada to—

(1) fix the number of pilots to be registered in each country;

(2) provide for participation on an equitable basis;

(3) prescribe joint or identical rates and charges;

(4) coordinate pool operations; and

(5) establish conditions for services by registered pilots.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 559.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

9305 
46:216b(d)
46:216d

Section 9305 authorizes the Secretary of Transportation, subject to the concurrence of the Secretary of State, to make agreements with Canada for a coordinated system of pilotage service on the Great Lakes. The agreements may fix the number of registered pilots, provide for equitable participation, prescribe rates and charges, coordinate pool operations, and establish conditions for service.
46 U.S.C. § 42106 (2024) — Title 46: SHIPPING / Chapter 421 / Section 42106: Other actions to remedy unfavorable conditions
Other actions to remedy unfavorable conditions
Status: in_force

If the Federal Maritime Commission finds that conditions unfavorable to shipping in foreign trade as described in section 42101 of this title exist, the Commission may—

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

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

(3) suspend, in whole or in part, 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;

(4) impose a fee not to exceed $1,000,000 per voyage; or

(5) take any other action the Commission finds necessary and appropriate to adjust or meet any condition unfavorable to shipping in the foreign trade of the United States.

(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1550.)

Historical and Revision Notes

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

42106
46 App.:876(i).
June 5, 1920, ch. 250, §19(i); 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. § 70032 (2024) — Title 46: SHIPPING / Chapter 700 / Subchapter IV / Section 70032: Saint Lawrence Seaway
Saint Lawrence Seaway
Status: in_force

The authority granted to the Secretary under sections 70001, 70002, 70003, 70004, and 70011 may not be delegated with respect to the Saint Lawrence Seaway to any agency other than the Great Lakes St. Lawrence Seaway Development Corporation. Any other authority granted the Secretary under subchapters I through III and this subchapter shall be delegated by the Secretary to the Great Lakes St. Lawrence Seaway Development Corporation to the extent the Secretary determines such delegation is necessary for the proper operation of the Saint Lawrence Seaway.

(Added Pub. L. 115–282, title IV, §401(a), Dec. 4, 2018, 132 Stat. 4261; amended Pub. L. 116–260, div. AA, title V, §512(c)(6)(F), Dec. 27, 2020, 134 Stat. 2757; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8507(a)(5), Jan. 1, 2021, 134 Stat. 4753.)

Editorial Notes

Amendments

2021—Pub. L. 116–283 substituted "I through III" for "A through C".

2020—Pub. L. 116–260 substituted "Great Lakes St. Lawrence Seaway Development Corporation" for "Saint Lawrence Seaway Development Corporation" in two places.
46 U.S.C. § 4703 (2024) — Title 46: SHIPPING / Chapter 47 / Section 4703: Penalty for unlawful abandonment of barge
Penalty for unlawful abandonment of barge
Status: in_force

Thirty days after the notification procedures under section 4704(a)(1) are completed, the Secretary may assess a civil penalty of not more than $1,000 for each day of the violation against an owner or operator that violates section 4702. A vessel with respect to which a penalty is assessed under this chapter is liable in rem for the penalty.

(Added Pub. L. 102–587, title V, §5302, Nov. 4, 1992, 106 Stat. 5082.)
46 U.S.C. § 57517 (2024) — Title 46: SHIPPING / Chapter 575 / Subchapter II / Section 57517: Recovery of excess profits
Recovery of excess profits
Status: in_force

(a) In General.—A charter under this chapter shall provide that if, at the end of a calendar year subsequent to the execution of the charter, the cumulative net voyage profit (after payment of the charter hire reserved in the charter and payment of the charterer's fair and reasonable overhead expenses applicable to operation of the chartered vessel) exceeds 10 percent a year of the charterer's capital necessarily employed in the business of the chartered vessel, the charterer shall pay to the Secretary of Transportation, as additional charter hire, half the cumulative net voyage profit in excess of 10 percent a year. However, any cumulative net voyage profit accounted for under this subsection is not to be included in the calculation of cumulative net voyage profit in any subsequent year.

(b) Terms To Be Defined and Used.—The Secretary shall define the terms "net voyage profit", "fair and reasonable overhead expenses", and "capital necessarily employed" for this section. Each advertisement for bids and each charter shall contain these definitions, stating the formula for determining each of these three amounts.

(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)

57517
46 App.:1199.
June 29, 1936, ch. 858, title VII, §709, 49 Stat. 2010; Pub. L. 97–31, §12(111), Aug. 6, 1981, 95 Stat. 163.
46 U.S.C. § 8903 (2024) — Title 46: SHIPPING / Chapter 89 / Section 8903: Self-propelled, uninspected passenger vessels
Self-propelled, uninspected passenger vessels
Status: in_force

A self-propelled, uninspected passenger vessel shall be operated by an individual licensed by the Secretary to operate that type of vessel, under prescribed regulations.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 555; Pub. L. 99–307, §1(14)(B), (C), May 19, 1986, 100 Stat. 446.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

8903 
46:1461(e), (f)

Section 8903 requires that an uninspected passenger vessel be operated by a licensed individual for that type of vessel.

Editorial Notes

Amendments

1986—Pub. L. 99–307 substituted "Self-propelled, uninspected" for "Uninspected" in section catchline and "A self-propelled," for "An" in text.
46 U.S.C. § 3312 (2024) — Title 46: SHIPPING / Chapter 33 / Section 3312: Display of certificate of inspection
Display of certificate of inspection
Status: in_force

The certificate of inspection issued to a vessel under section 3309 of this title shall be displayed, suitably framed, in a conspicuous place on the vessel. When it is not practicable to so display the certificate, it shall be carried in the manner prescribed by regulation.

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

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

3312 
46:400

Section 3312 requires the conspicuous display of the certificate of inspection to provide notice that the vessel is in compliance with applicable maritime safety laws and regulations. The section also applies to the posting of the temporary certificate of inspection.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 98–89, set out as a note under section 3101 of this title.
46 U.S.C. § 30918 (2024) — Title 46: SHIPPING / Chapter 309 / Section 30918: Reports
Reports
Status: in_force

The Secretary of each department of the United States Government, and the board of trustees of each federally-owned corporation, shall report to Congress at each session thereof all arbitration awards and settlements agreed to under this chapter since the previous session, for which the time to appeal has expired or been waived.

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

Historical and Revision Notes

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

30918
46 App.:752.
Mar. 9, 1920, ch. 95, §12, 41 Stat. 528; Aug. 30, 1954, ch. 1076, §1(26), 68 Stat. 968; Pub. L. 97–31, §12(25)(E), Aug. 6, 1981, 95 Stat. 155.
46 U.S.C. § 80105 (2024) — Title 46: SHIPPING / Chapter 801 / Section 80105: Canadian vessels aiding vessels in United States waters
Canadian vessels aiding vessels in United States waters
Status: in_force

(a) In General.—Canadian vessels and wrecking equipment may give aid to Canadian or other vessels and property wrecked, disabled, or in distress in the waters of the United States contiguous to Canada, including—

(1) the canal and improvement of the waters between Lake Erie and Lake Huron; and

(2) the Saint Marys River and canal.

(b) Reciprocity.—This section does not apply after the President proclaims that privileges reciprocal to those under subsection (a) have been withdrawn or rendered inoperative by the Government of Canada.

(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)

80105
46 App.:725.
June 19, 1878, ch. 324, 20 Stat. 175; May 24, 1890, ch. 292, 26 Stat. 120; Mar. 3, 1893, ch. 211, §1 (last par. under heading "Department of State"), 27 Stat. 683.

In subsection (a), before paragraph (1), the word "equipment" is substituted for "appurtenance" to use more commonly understood language. The words "and assistance" are omitted as unnecessary.

Subsection (b) is substituted for "this section shall cease to be in force and effect from and after the date of the proclamation of the President of the United States to the effect that said reciprocol privilege has been withdrawn, revoked, or rendered inoperative by the said Government of the Dominion of Canada" to eliminate unnecessary words.
46 U.S.C. § 58102 (2024) — Title 46: SHIPPING / Chapter 581 / Section 58102: Default on payment or maintenance of reserves
Default on payment or maintenance of reserves
Status: in_force

The Secretary of Transportation may supervise the number and compensation of all officers and employees of a contractor under the operating-differential subsidy program or a charterer under chapter 575 of this title, receiving an operating-differential subsidy, if the contractor or charterer—

(1) is in default on a mortgage, note, purchase contract, or other obligation to the Secretary; or

(2) has not maintained, in a manner satisfactory to the Secretary, all of the reserves provided for in this subtitle.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1671.)

Historical and Revision Notes

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

58102
46 App.:1223(b).
June 29, 1936, ch. 858, title VIII, §805(b), 49 Stat. 2012; Pub. L. 97–31, §12(122), Aug. 6, 1981, 95 Stat. 164; Pub. L. 104–239, §4(b)(2), Oct. 8, 1996, 110 Stat. 3131.

The words "contractor under the operating-differential subsidy program or a charterer under chapter 575 of this title, receiving an operating-differential subsidy" are substituted for "contractor under part A of subchapter VI of this chapter or subchapter VII of this chapter receiving an operating-differential subsidy" for the reasons explained under section 58101.
46 U.S.C. § 41303 (2024) — Title 46: SHIPPING / Chapter 413 / Section 41303: Discovery and subpoenas
Discovery and subpoenas
Status: in_force

(a) In General.—In an investigation or adjudicatory proceeding under this part—

(1) the Federal Maritime Commission may subpoena witnesses and evidence; and

(2) a party may use depositions, written interrogatories, and discovery procedures under regulations prescribed by the Commission that, to the extent practicable, shall conform to the Federal Rules of Civil Procedure (28 App. U.S.C.).

(b) Witness Fees.—Unless otherwise prohibited by law, a witness is entitled to the same fees and mileage as in the courts of the United States.

(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)

41303
46 App.:1711.
Pub. L. 98–237, §12, Mar. 20, 1984, 98 Stat. 81.

In subsection (a)(1), the words "may subpoena witnesses and evidence" are substituted for "may by subpena compel the attendance of witnesses and the production of books, papers, documents, and other evidence" to eliminate unnecessary words.

In subsection (a)(2), the words "shall conform to the Federal Rules of Civil Procedure (28 App. U.S.C.)" are substituted for "shall be in conformity with the rules applicable in civil proceedings in the district courts of the United States" for clarity.
46 U.S.C. § 11202 (2024) — Title 46: SHIPPING / Chapter 112 / Section 11202: Qualified service
Qualified service
Status: in_force

For purposes of this chapter, an individual shall be considered to have engaged in qualified service if, between August 16, 1945, and December 31, 1946, the individual—

(1) was a member of the United States merchant marine (including the Army Transport Service and the Naval Transport Service) serving as a crewmember of a vessel that was—

(A) operated by the War Shipping Administration or the Office of Defense Transportation (or an agent of the Administration or Office);

(B) operated in waters other than inland waters, the Great Lakes, and other lakes, bays, and harbors of the United States;

(C) under contract or charter to, or property of, the Government of the United States; and

(D) serving the Armed Forces; and

(2) while so serving, was licensed or otherwise documented for service as a crewmember of such a vessel by an officer or employee of the United States authorized to license or document the individual for such service.

(Added Pub. L. 105–368, title IV, §402(a), Nov. 11, 1998, 112 Stat. 3336; amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8505(b)(12), Jan. 1, 2021, 134 Stat. 4752.)

Editorial Notes

Amendments

2021—Pub. L. 116–283 substituted "an individual" for "a person" in introductory provisions and "the individual" for "the person" in introductory provisions and in par. (2).
46 U.S.C. § 41302 (2024) — Title 46: SHIPPING / Chapter 413 / Section 41302: Investigations
Investigations
Status: in_force

(a) In General.—The Federal Maritime Commission, on complaint or its own motion, may investigate any conduct, agreement, fee, or charge that the Commission believes may be in violation of this part. The Commission may by order disapprove, cancel, or modify any agreement that operates in violation of this part.

(b) Effectiveness of Agreement, Fee, or Charge During Investigation.—Unless an injunction is issued under section 41306 or 41307 of this title, an agreement, fee, or charge under investigation by the Commission remains in effect until the Commission issues its order.

(c) Date for Decision.—Within 10 days after the initiation of a proceeding under this section or section 41301 of this title, the Commission shall set a date by which it will issue its final decision. The Commission by order may extend the date for good cause.

(d) Sanctions for Delay.—If, within the period for final decision under subsection (c), the Commission determines that it is unable to issue a final decision because of undue delay caused by a party to the proceeding, the Commission may impose sanctions, including issuing a decision adverse to the delaying party.

(e) Report.—The Commission shall make a written report of every investigation under this part in which a hearing was held, stating its conclusions, decisions, findings of fact, and order. The Commission shall provide a copy of the report to all parties and publish the report for public information. A published report is competent evidence in a court of the United States.

(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1545; Pub. L. 117–146, §11(a), June 16, 2022, 136 Stat. 1278; Pub. L. 118–159, div. C, title XXXV, §3535(f), Dec. 23, 2024, 138 Stat. 2315.)

Historical and Revision Notes

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

41302(a)
46 App.:1710(c) (1st, 3d sentences).
Pub. L. 98–237, §11(c)–(f), Mar. 20, 1984, 98 Stat. 80.

41302(b)
46 App.:1710(c) (2d sentence).

41302(c)
46 App.:1710(d).

41302(d)
46 App.:1710(e).

41302(e)
46 App.:1710(f).

Editorial Notes

Amendments

2024—Subsec. (a). Pub. L. 118–159 substituted "conduct, agreement" for "conduct agreement".

2022—Subsec. (a). Pub. L. 117–146, §11(a)(1), substituted "agreement, fee, or charge" for "or agreement".

Subsec. (b). Pub. L. 117–146, §11(a)(2)(B), inserted ", fee, or charge" after "agreement".

Pub. L. 117–146, §11(a)(2)(A), substituted "Agreement, Fee, or Charge" for "Agreement" in heading. Quoted text appearing in directory language was conformed to the style used in this title to reflect the probable intent of Congress.
46 U.S.C. § 55106 (2024) — Title 46: SHIPPING / Chapter 551 / Section 55106: Merchandise transferred between barges
Merchandise transferred between barges
Status: in_force

(a) In General.—On terms and conditions the Secretary of Homeland Security may prescribe by regulation, the Secretary may suspend the application of section 55102 of this title to the transportation of merchandise that is transferred, when moving in the foreign trade of the United States, from a barge certified by the owner or operator as designed specifically for carriage on a vessel and carried regularly on a vessel in foreign trade, to another such barge owned or leased by the same owner or operator. However, this subsection does not apply to transportation between the continental United States and noncontiguous States, territories, or possessions to which the coastwise laws apply.

(b) Reciprocity Requirement for Foreign Vessels.—This section applies to a vessel of foreign registry only if the Secretary of Homeland Security finds, based on information from the Secretary of State, that the government of the nation of registry extends reciprocal privileges to vessels of the United States.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1635.)

Historical and Revision Notes

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

55106
46 App.:883 (7th proviso).
June 5, 1920, ch. 250, §27 (7th proviso), 41 Stat. 999; July 2, 1935, ch. 355, 49 Stat. 442; Pub. L. 92–163, §1, Nov. 23, 1971, 85 Stat. 486.

In subsection (a), the words "non-self-propelled" are omitted as unnecessary because of the definition of "barge" in chapter 1 of the revised title. The words "between points in the United States" and "without regard to whether any such barge is under foreign registry or qualified to engage in the coastwise trade" are omitted as surplus.
46 U.S.C. § 80508 (2024) — Title 46: SHIPPING / Chapter 805 / Section 80508: Amendments to Convention
Amendments to Convention
Status: in_force

(a) Proposals by United States.—The Secretary of State, with the concurrence of the Secretary of the department in which the Coast Guard is operating, may propose amendments to the Convention or request a conference for amending the Convention as provided in article IX of the Convention.

(b) Proposals by Other Countries.—An amendment communicated to the United States under article IX(2) of the Convention may be accepted for the United States by the President, with the advice and consent of the Senate. The President may declare that the United States does not accept an amendment.

(c) Amendments to Annexes.—

(1) In general.—The Secretary of State, with the concurrence of the Secretary of the department in which the Coast Guard is operating—

(A) may propose amendments to the annexes to the Convention;

(B) may propose a conference for amending annexes to the Convention; and

(C) shall consider and act on amendments to the annexes to the Convention adopted by the Maritime Safety Committee of the International Maritime Organization and communicated to the United States under article X(2) of the Convention.

(2) Action following approval or objection.—If a proposed amendment to an annex is approved by the United States, the amendment shall enter into force as provided in article X of the Convention. If a proposed amendment is objected to, the Secretary of State promptly shall communicate the objection as provided in article X(3) of the Convention.

(d) Appointment of Arbitrator.—The Secretary of State, with the concurrence of the Secretary of the department in which the Coast Guard is operating, shall appoint an arbitrator when one is required to resolve a dispute within the meaning of article XIII of the Convention.

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

Historical and Revision Notes

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

80508
46 App.:1507.
Pub. L. 95–208, §8, Dec. 13, 1977, 91 Stat. 1479.
46 U.S.C. § 30704 (2024) — Title 46: SHIPPING / Chapter 307 / Section 30704: Loading, stowage, custody, care, and delivery
Loading, stowage, custody, care, and delivery
Status: in_force

A carrier may not insert in a bill of lading or shipping document a provision avoiding its liability for loss or damage arising from negligence or fault in loading, stowage, custody, care, or proper delivery. Any such provision is void.

(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)

30704
46 App.:190.
Feb. 13, 1893, ch. 105, §1, 27 Stat. 445.

The words "transporting merchandise or property from or between ports of the United States and foreign ports" are omitted because of section 30702(a) of the revised title. The words "may not" are substituted for "It shall not be lawful . . . to", and the word "provision" is substituted for "clause, covenant, or agreement", to eliminate unnecessary words. The words "any and all lawful" and "committed to its or their charge" are omitted as unnecessary. The words "Any such provision is void" are substituted for "Any and all words or clauses of such import inserted in bills of lading or shipping receipts shall be null and void and of no effect" to eliminate unnecessary words.
46 U.S.C. § 41304 (2024) — Title 46: SHIPPING / Chapter 413 / Section 41304: Hearings and orders
Hearings and orders
Status: in_force

(a) Opportunity for Hearing.—The Federal Maritime Commission shall provide an opportunity for a hearing before issuing an order relating to a violation of this part or a regulation prescribed under this part.

(b) Modification of Order.—The Commission may reverse, suspend, or modify any of its orders.

(c) Rehearing.—On application of a party to a proceeding, the Commission may grant a rehearing of the same or any matter determined in the proceeding. Except by order of the Commission, a rehearing does not operate as a stay of an order.

(d) Period of Effectiveness.—An order of the Commission remains in effect for the period specified in the order or until suspended, modified, or set aside by the Commission or a court of competent jurisdiction.

(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1546.)

Historical and Revision Notes

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

41304(a)
46 App.:1713(a) (1st sentence).
Pub. L. 98–237, §14(a), (b), Mar. 20, 1984, 98 Stat. 83.

41304(b)
46 App.:1713(b) (1st sentence 1st–12th words).

41304(c)
46 App.:1713(b) (1st sentence 13th–last words, last sentence).

41304(d)
46 App.:1713(a) (last sentence).

In subsection (a), the words "upon sworn complaint or on its own motion" are omitted as unnecessary.
46 U.S.C. § 46102 (2024) — Title 46: SHIPPING / Chapter 461 / Section 46102: Quorum
Quorum
Status: in_force

A vacancy or vacancies in the membership of the Federal Maritime Commission do not impair the power of the Commission to execute its functions. The affirmative vote of a majority of the Commissioners serving on the Commission is required to dispose of any matter before the Commission.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1489, §302; renumbered §46102, 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)

302
46 App.:1111 note.
Reorg. Plan No. 7 of 1961, eff. Aug. 12, 1961, §102(d), 75 Stat. 840; Pub. L. 105–258, title II, §202, Oct. 14, 1998, 112 Stat. 1915.

Editorial Notes

Amendments

2021—Pub. L. 116–283 renumbered section 302 of this title as this section.
46 U.S.C. § 53303 (2024) — Title 46: SHIPPING / Chapter 533 / Section 53303: Persons eligible to establish funds
Persons eligible to establish funds
Status: in_force

A construction reserve fund may be established by a citizen of the United States that—

(1) is operating a vessel in the foreign or domestic commerce of the United States or in the fisheries;

(2) owns, in whole or in part, a vessel being operated in the foreign or domestic commerce of the United States or in the fisheries;

(3) was operating a vessel in the foreign or domestic commerce of the United States or in the fisheries when it was bought or requisitioned by the United States Government;

(4) owned, in whole or in part, a vessel being operated in the foreign or domestic commerce of the United States or in the fisheries when it was bought or requisitioned by the Government; or

(5) had acquired or was having constructed a vessel to operate in the foreign or domestic commerce of the United States or in the fisheries when it was bought or requisitioned by the Government.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1587.)

Historical and Revision Notes

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

53303
46 App.:1161(b) (1st sentence words between 6th and 10th commas).
June 29, 1936, ch. 858, title V, §511(b) (1st sentence words between 6th and 10th commas), 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.
46 U.S.C. § 7311 (2024) — Title 46: SHIPPING / Chapter 73 / Section 7311: Able seamen-sail
Able seamen-sail
Status: in_force

For service on a sailing school vessel on any waters, an individual may be rated as able seaman—sail if the individual has at least 6 months' service on deck on sailing school vessels, oceanographic research vessels powered primarily by sail, or equivalent sailing vessels operating on the oceans or 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)

7311 
46:672(b)(4)

Section 7311 establishes the minimum service requirements for an individual to qualify as able seamen—sail on board sailing vessels.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 98–89, set out as a note under section 3101 of this title.
46 U.S.C. § 60102 (2024) — Title 46: SHIPPING / Chapter 601 / Section 60102: Production of certificate on entry
Production of certificate on entry
Status: in_force

On entry of a vessel documented under chapter 121 of this title, the master or other individual in charge of the vessel shall produce the certificate of documentation to the customs officer at the place where the vessel is entered. If the certificate is not produced, the vessel is not entitled to the privileges of a documented vessel.

(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)

60102
46 App.:57.
R.S. §4184.

The words "vessel documented under chapter 121 of this title" are substituted for "vessel, recorded in pursuance of title 48 of the Revised Statutes", and the words "certificate of documentation" are substituted for "certificate of such record", for consistency with chapter 121 of title 46. The words "in charge" are substituted for "having the command or charge" to eliminate unnecessary words. The words "customs officer" are substituted for "collector of the district" because the office of collector of customs was abolished by Reorganization Plan No. 1 of 1965. For additional requirements relating to entry of vessels, see 19 U.S.C. 1434.
46 U.S.C. § 301 (2024) — Title 46: SHIPPING / Chapter 3 / Section 301: Renumbered §§46101 to 46108
Renumbered §§46101 to 46108
Status: renumbered

[§§301 to 308. Renumbered §§46101 to 46108]
46 U.S.C. § 53209 (2024) — Title 46: SHIPPING / Chapter 532 / Section 53209: Authorization of appropriations
Authorization of appropriations
Status: in_force

There are authorized to be appropriated for payments under section 53206, $10,000,000 for each of the fiscal years 2021 through 2035.

(Added Pub. L. 116–92, div. C, title XXXV, §3521(a), Dec. 20, 2019, 133 Stat. 1997.)
46 U.S.C. § 42103 (2024) — Title 46: SHIPPING / Chapter 421 / Section 42103: No preference to Government-owned vessels
No preference to Government-owned vessels
Status: in_force

A regulation may not give a vessel owned by the United States Government a preference over a vessel owned by citizens of the United States and documented under the laws of the United States.

(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1549.)

Historical and Revision Notes

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

42103
46 App.:876(d).
June 5, 1920, ch. 250, §19(d), 41 Stat. 995; Ex. Ord. No. 6166, §12, eff. June 10, 1933; June 29, 1936, ch. 858, title II, §204, title IX, §904, 49 Stat. 1987, 2016; Pub. L. 105–258, title III, §301, Oct. 14, 1998, 112 Stat. 1915.
46 U.S.C. § 14102 (2024) — Title 46: SHIPPING / Chapter 141 / Section 14102: Repealed. Pub. L. 101-595, title VI, §603(12)(A), Nov. 16, 1990, 104 Stat. 2993
Repealed. Pub. L. 101-595, title VI, §603(12)(A), Nov. 16, 1990, 104 Stat. 2993
Status: repealed

[§14102. Repealed. Pub. L. 101–595, title VI, §603(12)(A), Nov. 16, 1990, 104 Stat. 2993]

Section, Pub. L. 99–509, title V, §5101(3), Oct. 21, 1986, 100 Stat. 1919, authorized Secretary to prescribe regulations to carry out this part.
46 U.S.C. § 10706 (2024) — Title 46: SHIPPING / Chapter 107 / Section 10706: Seamen dying in the United States
Seamen dying in the United States
Status: in_force

When a seaman dies in the United States and is entitled at death to claim money, property, or wages from the master or owner of a vessel on which the seaman served, the master or owner shall deliver the money, property, and wages to a district court of the United States within one week of the seaman's death. If the seaman's death occurs at sea, such money, property, or wages shall be delivered to a district court or a consular officer within one week of the vessel's arrival at the first port call after the seaman's death.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 573; Pub. L. 103–206, title IV, §419, Dec. 20, 1993, 107 Stat. 2438.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

10706 
46:625

Section 10706 provides for the disposal by the master of the property and wages of deceased seamen who have died in the United States.

Editorial Notes

Amendments

1993—Pub. L. 103–206 substituted "to a district court of the United States within one week of the seaman's death. If the seaman's death occurs at sea, such money, property, or wages shall be delivered to a district court or a consular officer within one week of the vessel's arrival at the first port call after the seaman's death." for "as provided by regulations prescribed by the Secretary.".
46 U.S.C. § 112 (2024) — Title 46: SHIPPING / Chapter 1 / Section 112: State
State
Status: in_force

In this title, the term "State" means a State of the United States, the District of Columbia, Guam, Puerto Rico, the Virgin Islands, American Samoa, the Northern Mariana Islands, and any other territory or possession of the United States.

(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)

112
46:2101(36).
46 U.S.C. § 4101 (2024) — Title 46: SHIPPING / Chapter 41 / Section 4101: Application
Application
Status: in_force

This chapter applies to an uninspected vessel not subject to chapter 45 of this title—

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

(2) owned in the United States and operating on the high seas.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 528; Pub. L. 100–424, §8(b), Sept. 9, 1988, 102 Stat. 1593.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

4101 
46:526u

Section 4101 makes this chapter applicable to uninspected vessels, as defined in section 2101(43), that operate on the navigable waters of the United States or that are owned in the United States and while operating on the high seas. Therefore a vessel that operates on waters that are considered to be solely State waters would not be subject to these Federal requirements.

Editorial Notes

Amendments

1988—Pub. L. 100–424 inserted "not subject to chapter 45 of this title" after "an uninspected vessel".

Statutory Notes and Related Subsidiaries

Effective Date

Chapter effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 98–89, set out as a note under section 3101 of this title.
46 U.S.C. § 7301 (2024) — Title 46: SHIPPING / Chapter 73 / Section 7301: General
General
Status: in_force

(a) In this chapter—

(1) "service on deck" means service in the deck department in work related to the work usually performed on board vessels by able seamen and may include service on fishing, fish processing, fish tender vessels and on public vessels of the United States;

(2) 360 days is equal to one year's service; and

(3) a day is equal to 8 hours of labor or duty.

(b) The Secretary may prescribe regulations to carry out this chapter.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 541; Pub. L. 98–364, title IV, §402(9)(B), July 17, 1984, 98 Stat. 448.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

7301 
46:672(c)

Section 7301 defines "service on deck", "one year's service" and "day" with respect to the qualifying time for the issuance of various types of endorsements as able seamen. This section also provides the Secretary with the authority to prescribe regulations to carry out this chapter.

Editorial Notes

Amendments

1984—Subsec. (a)(1). Pub. L. 98–364 substituted "fishing, fish processing, fish tender vessels" for "decked fishing vessels".

Statutory Notes and Related Subsidiaries

Merchant Marine Post-Service Career Opportunities

Pub. L. 113–281, title III, §305(d), Dec. 18, 2014, 128 Stat. 3044, provided that: "Not later than 180 days after the date of enactment of this Act [Dec. 18, 2014], the Commandant of the Coast Guard shall take steps to promote better awareness, on an ongoing basis, among Coast Guard personnel regarding post-service use of Coast Guard training, education, and practical experience in satisfaction of requirements for merchant mariner credentials under section 11.213 of title 46, Code of Federal Regulations."
46 U.S.C. § 57111 (2024) — Title 46: SHIPPING / Chapter 571 / Section 57111: Definition of obsolete vessel
Definition of obsolete vessel
Status: in_force

In this chapter, the term "obsolete vessel" means a vessel that—

(1) is or will be in the custody and control of the Maritime Administration for purposes of disposing of the vessel; and

(2) has been determined by the Secretary of Transportation to be of insufficient value, with respect to the programs of the Maritime Administration, to warrant—

(A) preserving for future use or spare parts harvesting; or

(B) retaining in the National Defense Reserve Fleet.

(Added Pub. L. 118–31, div. C, title XXXV, §3514(j)(1)(B), Dec. 22, 2023, 137 Stat. 811.)

Editorial Notes

Prior Provisions

A prior section 57111 was renumbered section 57110 of this title.
46 U.S.C. § 5103 (2024) — Title 46: SHIPPING / Chapter 51 / Section 5103: Load line requirements
Load line requirements
Status: in_force

(a) A vessel may be operated only if the vessel has been assigned load lines.

(b) The owner, charterer, managing operator, agent, master, and individual in charge of a vessel shall mark and maintain the load lines permanently and conspicuously in the way prescribed by the Secretary.

(c) A fishing vessel built on or before July 1, 2013, that undergoes a major conversion completed after the later of July 1, 2013, or the date the Secretary establishes standards for an alternate loadline compliance program, shall comply with such an alternative loadline compliance program that is developed in cooperation with the commercial fishing industry and prescribed by the Secretary.

(Pub. L. 99–509, title V, §5101(2), Oct. 21, 1986, 100 Stat. 1915; Pub. L. 111–281, title VI, §604(d)(2), Oct. 15, 2010, 124 Stat. 2965; Pub. L. 112–213, title III, §305(d)(2), Dec. 20, 2012, 126 Stat. 1565.)

Historical and Revision Notes

Revised section 5103

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

Section 5103(a) prohibits a vessel that is subject to load line requirements from operating, unless it has load lines assigned by the Secretary.

Section 5103(b) requires that load lines be permanently and conspicuously maintained in the manner prescribed by the Secretary.

Editorial Notes

Amendments

2012—Subsec. (c). Pub. L. 112–213 substituted "July 1, 2013," for "July 1, 2012," in two places and substituted "major conversion" for "substantial change to the dimension of or type of the vessel".

2010—Subsec. (c). Pub. L. 111–281 added subsec. (c).
46 U.S.C. § 57104 (2024) — Title 46: SHIPPING / Chapter 571 / Section 57104: Acquisition of vessels from sale of obsolete vessels
Acquisition of vessels from sale of obsolete vessels
Status: in_force

(a) In General.—The Secretary of Transportation may acquire suitable documented vessels with amounts in the Vessel Operations Revolving Fund derived from the sale of obsolete vessels in the National Defense Reserve Fleet.

(b) Valuation.—The acquired and obsolete vessels shall be valued at their scrap value in domestic or foreign markets as of the date of the acquisition for or sale from the Fleet. However, the value assigned to those vessels shall be determined on the same basis, with consideration given to the fair value of the cost of moving the vessel sold from the Fleet to the place of scrapping.

(c) Costs Incident to Lay-Up.—Costs incident to the lay-up of the vessel acquired under this section may be paid from amounts in the Fund.

(d) Transfers to Non-Citizens.—A vessel sold from the Fleet under this section may be scrapped in an approved foreign market without obtaining additional separate approval from the Secretary to transfer the vessel to a person not a citizen of the United States.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1660.)

Historical and Revision Notes

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

57104
46 App.:1160(i).
June 29, 1936, ch. 858, title V, §510(i), as added Pub. L. 86–575, July 5, 1960, 74 Stat. 312; Pub. L. 89–254, §1, Oct. 10, 1965, 79 Stat. 980; Pub. L. 91–469, §13, Oct. 21, 1970, 84 Stat. 1022; Pub. L. 93–605, §1, Jan. 2, 1975, 88 Stat. 1965; Pub. L. 95–177, Nov. 15, 1977, 91 Stat. 1368; Pub. L. 97–31, §12(91), Aug. 6, 1981, 95 Stat. 161; Pub. L. 101–595, title VII, §704, Nov. 16, 1990, 104 Stat. 2994.

In subsection (b), the words "vessel sold from the Fleet" are substituted for "traded-out vessel" for clarity and consistency.

In subsection (d), the words "without obtaining additional separate approval from the Secretary to transfer the vessel to a person not a citizen of the United States" are substituted for "Notwithstanding the provisions of sections 808 and 835 of this Appendix" for clarity and to avoid the cross references.
46 U.S.C. § 57110 (2024) — Title 46: SHIPPING / Chapter 571 / Section 57110: Salvage recoveries for subrogated ownership of vessels and cargoes
Salvage recoveries for subrogated ownership of vessels and cargoes
Status: in_force

(a) Salvage Agreements.—The Secretary of Transportation is authorized to enter into marine salvage agreements for the recoveries, sale, and disposal of sunken or damaged vessels, cargoes, or properties owned or insured by or on behalf of the Maritime Administration, the United States Shipping Board, the U.S. Shipping Bureau, the United States Maritime Commission, or the War Shipping Administration.

(b) Military Craft.—The Secretary of Transportation shall consult with the Secretary of the military department concerned prior to engaging in or authorizing any activity under subsection (a) that will disturb sunken military craft, as such term is defined in section 1408(3) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 10 U.S.C. 113 note).

(c) Recoveries.—Notwithstanding any other provision of law, the net proceeds from salvage agreements entered into as authorized in subsection (a) shall remain available until expended and be distributed as follows:

(1) Fifty percent shall be available to the Administrator of the Maritime Administration for the payment or reimbursement of expenses incurred by or on behalf of State maritime academies or the United States Merchant Marine Academy for facility and training ship maintenance, repair, and modernization, and for the purchase of simulators and fuel.

(2) The remainder shall be distributed for maritime heritage preservation to the Department of the Interior for grants as authorized by section 308703 of title 54.

(Added Pub. L. 116–92, div. C, title XXXV, §3509(a), Dec. 20, 2019, 133 Stat. 1977, §57111; renumbered §57110, Pub. L. 118–31, div. C, title XXXV, §3514(j)(1)(A), Dec. 22, 2023, 137 Stat. 811.)

Editorial Notes

Amendments

2023—Pub. L. 118–31 renumbered section 57111 of this title as this section.
46 U.S.C. § 57513 (2024) — Title 46: SHIPPING / Chapter 575 / Subchapter II / Section 57513: Minimum bid
Minimum bid
Status: in_force

The Secretary of Transportation shall reject any bid for the charter under this subchapter of a vessel constructed under this subtitle or the Merchant Marine Act, 1936, if the charter hire offered is lower than the minimum charter hire would be if the vessel were chartered under section 57531 of this title.

(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)

57513
46 App.:1196(b) (last sentence).
June 29, 1936, ch. 858, title VII, §706(b) (last sentence), as added Aug. 4, 1939, ch. 417, §11(b), 53 Stat. 1186; Pub. L. 97–31, §12(108), Aug. 6, 1981, 95 Stat. 163.

Editorial Notes

References in Text

The Merchant Marine Act, 1936, referred to in text, is act June 29, 1936, ch. 858, 49 Stat. 1985, which was classified principally to chapter 27 (§1101 et seq.) of the former Appendix to this title. The Act, with the exception of title V, most of title VI, and sections 301, 801, 802, 809(a), and 909 thereof, was repealed and restated, mainly in this subtitle, by Pub. L. 109–304, §§8, 19, Oct. 6, 2006, 120 Stat. 1555, 1710. Title V and sections 301 and 909 of the Act are set out as notes under section 53101 of this title. Those portions of title VI not repealed by Pub. L. 109–304 and sections 802 and 809(a) of the Act were repealed by Pub. L. 114–120, title III, §313(a), Feb. 8, 2016, 130 Stat. 58. Section 801 of the Act was transferred to section 57522 of this title by Pub. L. 114–120, title III, §313(c)(1)(A), Feb. 8, 2016, 130 Stat. 58. For complete classification of the Act to the Code, see Tables. For disposition of sections of the former Appendix to Title 46, see Disposition Table preceding section 101 of this title.
46 U.S.C. § 53311 (2024) — Title 46: SHIPPING / Chapter 533 / Section 53311: Taxation of deposits on failure of conditions
Taxation of deposits on failure of conditions
Status: in_force

A deposited gain, if otherwise taxable income under the law applicable to the taxable year in which the gain was realized, shall be included in gross income for that taxable year, except for purposes of the declared value excess profits tax and the capital stock tax, if—

(1) the deposited gain is not expended or obligated within the appropriate period under section 53310 of this title;

(2) the deposited gain is withdrawn before the end of that period;

(3) the construction related to that deposited gain has not progressed to the extent of 5 percent of completion within the appropriate period under section 53310 of this title; or

(4) the Secretary of Transportation finds and certifies to the Secretary of the Treasury that, for causes within the control of the taxpayer, the entire construction related to that deposited gain is not completed with reasonable dispatch.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1590.)

Historical and Revision Notes

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

53311
46 App.:1161(i).
June 29, 1936, ch. 858, title V, §511(i), as added Oct. 10, 1940, ch. 849, 54 Stat. 1107; July 17, 1952, ch. 939, §13(b), 66 Stat. 764; Pub. L. 97–31, §12(92)(A), Aug. 6, 1981, 95 Stat. 161.

The last sentence of 46 App. U.S.C. 1161(i) is omitted as obsolete.
46 U.S.C. § 11109 (2024) — Title 46: SHIPPING / Chapter 111 / Section 11109: Attachment of wages
Attachment of wages
Status: in_force

(a) Wages due or accruing to a master or seaman are not subject to attachment or arrestment from any court, except for an order of a court about the payment by a master or seaman of any part of the master's or seaman's wages for the support and maintenance of the spouse or minor children of the master or seaman, or both. A payment of wages to a master or seaman is valid, notwithstanding any prior sale or assignment of wages or any attachment, encumbrance, or arrestment of the wages.

(b) An assignment or sale of wages or salvage made before the payment of wages does not bind the party making it, except allotments authorized by section 10315 of this title.

(c) This section applies to an individual employed on a fishing vessel or any fish processing vessel.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 580; Pub. L. 98–364, title IV, §402(15), July 17, 1984, 98 Stat. 450.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

11109 
46:601

Section 11109 limits the attachment of a seaman's wages and establishes certain rules for the assignment of a seaman's wages. It also applies to fishermen on fishing vessels.

Editorial Notes

Amendments

1984—Subsec. (c). Pub. L. 98–364 substituted "an individual employed on a fishing vessel or any fish processing vessel" for "a fisherman on a fishing vessel".
46 U.S.C. § 31327 (2024) — Title 46: SHIPPING / Chapter 313 / Subchapter II / Section 31327: Forfeiture of mortgagee interest
Forfeiture of mortgagee interest
Status: in_force

The interest of a mortgagee in a documented vessel or a vessel covered by a preferred mortgage under section 31322(d) of this title may be terminated by a forfeiture of the vessel for a violation of a law of the United States only if the mortgagee authorized, consented, or conspired to do the act, failure, or omission that is the basis of the violation.

(Pub. L. 100–710, title I, §102(c), Nov. 23, 1988, 102 Stat. 4746.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

31327 
46:961(b)

Section 31327 provides for forfeiture of the mortgagee's interest if the mortgagee authorized, consented, or conspired to do the act, failure, or omission that is the basis of the violation that caused forfeiture of the vessel. This section 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. § 57308 (2024) — Title 46: SHIPPING / Chapter 573 / Section 57308: Use of vessels at least 25 years old
Use of vessels at least 25 years old
Status: in_force

An obsolete vessel acquired under this chapter that is or becomes at least 25 years old may not be used for commercial operation. However, the vessel may be used—

(1) during a period in which vessels may be requisitioned under chapter 563 of this title; or

(2) except as otherwise provided in this subtitle, on trade routes serving only the foreign trade of the United States.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1664.)

Historical and Revision Notes

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

57308
46 App.:1160(g).
June 29, 1936, ch. 858, title V, §510(g), as added Aug. 4, 1939, ch. 417, §7, 53 Stat. 1185; Pub. L. 86–518, §1, June 12, 1960, 74 Stat. 216; Pub. L. 97–31, §12(91), Aug. 6, 1981, 95 Stat. 161.

The words "and vessels presently in the Secretary's laid-up fleet which are or become twenty-five years old or more" and "or any such vessel in the laid-up fleet" are omitted as obsolete. In paragraph (2), the words "for the employment of the Secretary's vessels in steamship lines" are omitted as unnecessary.
46 U.S.C. § 55120 (2024) — Title 46: SHIPPING / Chapter 551 / Section 55120: Transshipment of imported merchandise intended for immediate exportation
Transshipment of imported merchandise intended for immediate exportation
Status: in_force

The Secretary of Homeland Security may prescribe regulations for the transshipment and transportation of merchandise that is imported into the United States by sea for immediate exportation to a foreign port by sea, or by a river, the right to ascend or descend which for the purposes of commerce is secured by treaty to the citizens of the United States and the subjects of a foreign power.

(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)

55120
46 App.:291.
Feb. 17, 1898, ch. 26, §3, 30 Stat. 248.
46 U.S.C. § 50303 (2024) — Title 46: SHIPPING / Chapter 503 / Section 50303: Operating property and extending term of notes
Operating property and extending term of notes
Status: in_force

(a) General Authority.—The Secretary of Transportation may—

(1) operate or lease docks, wharves, piers, vessels, or real property under the Secretary's control, except that the prior consent of the Secretary of Defense for such use shall be required with respect to any vessel in the Ready Reserve Force or in the National Defense Reserve Fleet which is maintained in a retention status for the Department of Defense; and

(2) make extensions and accept renewals of—

(A) promissory notes and other evidences of indebtedness on property; and

(B) mortgages and other contracts securing the property.

(b) Terms of Transactions.—A transaction under subsection (a) shall be on terms the Secretary considers necessary to carry out the purposes of this subtitle, but consistent with sound business practice.

(c) Availability of Amounts.—Amounts received by the Secretary from a transaction under this section are available for expenditure by the Secretary as provided in this subtitle.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1564; Pub. L. 110–181, div. C, title XXXV, §3512, Jan. 28, 2008, 122 Stat. 594.)

Historical and Revision Notes

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

50303
46 App.:1112.
June 29, 1936, ch. 858, title II, §202, 49 Stat. 1986; Aug. 26, 1937, ch. 822, §1, 50 Stat. 839; June 23, 1938, ch. 600, §1, 52 Stat. 953; Pub. L. 97–31, §12(60), Aug. 6, 1981, 95 Stat. 158.

In subsection (a), the words "Notwithstanding any other provision of law" are omitted as unnecessary. In paragraph (1), the word "lands" is omitted as included in "real property". In paragraph (2)(A), the word "promissory" is added for clarity. The words "hereby transferred", referring to the transfer under the first sentence of section 202 of the Merchant Marine Act, 1936 (repealed by section 12(60)(A) of Public Law 97–31), are omitted as obsolete.

Subsection (b) is substituted for "in accordance with good business methods and on such terms and conditions as he determines to effectuate the policy of this chapter" and "upon such terms and conditions as he may prescribe in accordance with sound business practice" for consistency and to eliminate unnecessary words.

Editorial Notes

Amendments

2008—Subsec. (a)(1). Pub. L. 110–181 inserted "vessels," after "piers," and substituted "control, except that the prior consent of the Secretary of Defense for such use shall be required with respect to any vessel in the Ready Reserve Force or in the National Defense Reserve Fleet which is maintained in a retention status for the Department of Defense;" for "control;".
46 U.S.C. § 12308 (2024) — Title 46: SHIPPING / Chapter 123 / Section 12308: Providing vessel numbering and registration information
Providing vessel numbering and registration information
Status: in_force

A person may request from an authority issuing a number under this chapter the numbering and registration information of a vessel that is retrievable from vessel numbering system records of the issuing authority. When the issuing authority is satisfied that the request is reasonable and related to a boating safety purpose, the information shall be provided on paying the cost of retrieving and providing the information requested.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 592.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

12308 
46:1473

Section 12308 requires the number issuing authority to supply for a fee, numbering and registration information to any person, upon request, if the request is reasonable and related to boating safety.
46 U.S.C. § 51302a (2024) — Title 46: SHIPPING / Chapter 513 / Section 51302a: Nomination in event of death, resignation, or expulsion from office of Senator otherwise authorized to nominate
Nomination in event of death, resignation, or expulsion from office of Senator otherwise authorized to nominate
Status: in_force

(a) Senators.—In the event a Senator does not submit nominations for cadets for an academic year in accordance with section 51302(b)(1) of this title due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Senator's successor as Senator occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets otherwise authorized to be made by the Senator pursuant to such section shall be made instead by the other Senator from the State concerned.

(b) Construction of Authority.—Any nomination for cadets made by a Senator pursuant to this section is not a reallocation of a nomination. Such nominations are made in lieu of a Senator not submitting nominations for cadets for an academic year in accordance with section 51302 of this title due to death, resignation from office, or expulsion from office and the date of the swearing-in of the Senator's successor occurs after the date of the deadline for submittal of nominations for cadets for the academic year.

(Added Pub. L. 118–159, div. C, title XXXV, §3537(a), Dec. 23, 2024, 138 Stat. 2316.)
46 U.S.C. § 51324 (2024) — Title 46: SHIPPING / Chapter 513 / Section 51324: Unfilled vacancies
Unfilled vacancies
Status: in_force

(a) In General.—In the event of an unfilled vacancy for any critical position at the United States Merchant Marine Academy, the Secretary of Transportation may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, other than sections 3303 and 3328 of that title, a qualified candidate for the purposes of filling up to 20 of such positions.

(b) Critical Position Defined.—In this section, the term "critical position" means a position that contributes to the improvement of—

(1) the culture or infrastructure of the Academy;

(2) student health and well being;

(3) Academy governance; or

(4) any other priority areas identified by the Council.

(Added Pub. L. 117–81, div. C, title XXXV, §3501(c)(1), Dec. 27, 2021, 135 Stat. 2238.)
46 U.S.C. § 10901 (2024) — Title 46: SHIPPING / Chapter 109 / Section 10901: Application
Application
Status: in_force

This chapter applies to a vessel of the United States except a fishing or whaling vessel or a yacht.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 575.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

10901 
46:653
46:654

46:655

46:656

46:658

Section 10901 provides that chapter 109 applies to all vessels of the United States except fishing vessels, whaling vessels or yachts.
46 U.S.C. § 55116 (2024) — Title 46: SHIPPING / Chapter 551 / Section 55116: Canadian rail lines
Canadian rail lines
Status: in_force

Section 55102 of this title does not apply to the transportation of merchandise between points in the continental United States, including Alaska, over through routes in part over Canadian rail lines and connecting water facilities if the routes are recognized by the Surface Transportation Board and rate tariffs for the routes have been filed with the Board.

(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)

55116
46 App.:883 (3d proviso).
June 5, 1920, ch. 250, §27 (3d proviso), 41 Stat. 999; July 2, 1935, ch. 355, 49 Stat. 442; Pub. L. 85–508, §27(a), July 7, 1958, 72 Stat. 351; Pub. L. 104–324, title VII, §747(1), Oct. 19, 1996, 110 Stat. 3943.
46 U.S.C. § 10701 (2024) — Title 46: SHIPPING / Chapter 107 / Section 10701: Application
Application
Status: in_force

(a) Except as otherwise specifically provided, this chapter applies to a vessel on a voyage between—

(1) a port of the United States and a port in a foreign country (except a port in Canada, Mexico, and the West Indies); and

(2) a port of the United States on the Atlantic Ocean and a port of the United States on the Pacific Ocean.

(b) This chapter does not apply to a vessel on which a seaman by custom or agreement is entitled to share in the profit or result of a voyage.

(c) This chapter does not apply to a foreign vessel.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 572.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

10701 
46:621

Section 10701 provides that the provisions in chapter 107 apply to vessels on voyages between U.S. ports and foreign countries (except Canada, Mexico, or the West Indies) and between United States ports on the Atlantic and United States ports on the Pacific. It does not apply to foreign vessels or vessels on which the seamen share the profits.
46 U.S.C. § 40306 (2024) — Title 46: SHIPPING / Chapter 403 / Section 40306: Nondisclosure of information
Nondisclosure of information
Status: in_force

Information and documents (other than an agreement) filed with the Federal Maritime Commission under this chapter are exempt from disclosure under section 552 of title 5 and may not be made public except as may be relevant to an administrative or judicial proceeding. This section does not prevent disclosure to either House of Congress or to a duly authorized committee or subcommittee of Congress.

(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1531.)

Historical and Revision Notes

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

40306
46 App.:1705(j).
Pub. L. 98–237, §6(j), Mar. 20, 1984, 98 Stat. 73.

The words "judicial proceeding" are substituted for "judicial action or proceeding" to eliminate unnecessary words.
46 U.S.C. § 6103 (2024) — Title 46: SHIPPING / Chapter 61 / Section 6103: Penalty
Penalty
Status: in_force

(a) An owner, charterer, managing operator, agent, master, or individual in charge of a vessel failing to report a casualty as required under section 6101 of this title or a regulation prescribed under section 6101 or 6102 is liable to the United States Government for a civil penalty of not more than $25,000.

(b) A person failing to comply with section 6104 of this title or a regulation prescribed under that section is liable to the Government for a civil penalty of not more than $5,000.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 536; Pub. L. 98–498, title II, §212(b)(2), Oct. 19, 1984, 98 Stat. 2306; Pub. L. 100–424, §4(b), Sept. 9, 1988, 102 Stat. 1590; Pub. L. 104–324, title III, §§306(a), 314(b), Oct. 19, 1996, 110 Stat. 3918, 3922.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

6103 
33:361
33:362

Section 6103 provides for a civil penalty of $1,000 for any owner, charterer, managing operator, agent, master, or individual in charge of a vessel that fails to report a casualty required to be reported under subsection (b) of section 6101 or an incident required to be reported under subsection (c) of section 6101.

Editorial Notes

Amendments

1996—Subsec. (a). Pub. L. 104–324 inserted "or 6102" before "is liable" and substituted "not more than $25,000" for "$1,000".

1988—Pub. L. 100–424 designated existing provisions as subsec. (a) and added subsec. (b).

1984—Pub. L. 98–498 struck out "or incident" after "a casualty".

Statutory Notes and Related Subsidiaries

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–498 effective 180 days after Oct. 19, 1984, see section 214 of Pub. L. 98–498, set out as an Effective Date note under section 2306 of this title.
46 U.S.C. § 115 (2024) — Title 46: SHIPPING / Chapter 1 / Section 115: Vessel
Vessel
Status: in_force

In this title, the term "vessel" has the meaning given that term in section 3 of title 1.

(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)

115
46:2101(45).
46 U.S.C. § 80101 (2024) — Title 46: SHIPPING / Chapter 801 / Section 80101: Vessel stranded on foreign coast
Vessel stranded on foreign coast
Status: in_force

(a) Duties of Consular Officer.—When a vessel of the United States is stranded on a coast of a foreign country, the consular officer in that country shall take proper measures, to the extent the laws of that country allow, to—

(1) save and secure the vessel and property on the vessel; and

(2) prepare an inventory of the property that is saved.

(b) Delivery to Owner.—After deducting the expenses, the consular officer shall deliver the property, with an inventory, to the owner of the property.

(c) Limitation on Taking Possession.—A consular officer may not take possession of property under this section when the owner, master, or consignee is present or able to take possession of the property.

(Pub. L. 109–304, §11, Oct. 6, 2006, 120 Stat. 1690.)

Historical and Revision Notes

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

80101
46 App.:721.
R.S. §4238.

In this section, the words "consular officer" are substituted for "Consuls and vice consuls" and "consul or vice consul" for consistency in the revised title.

Subsection (a)(1) is substituted for "as well for the purpose of saving the vessels, their cargoes and appurtenances, as for storing and securing the effects and merchandise saved" to eliminate unnecessary words.
46 U.S.C. § 51507 (2024) — Title 46: SHIPPING / Chapter 515 / Section 51507: Places of training
Places of training
Status: in_force

The Secretary of Transportation may provide for the training of students attending a State maritime academy—

(1) on vessels owned or subsidized by the United States Government;

(2) on other documented vessels, with the permission of the owner; and

(3) in shipyards or plants and with industrial or educational organizations.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1579.)

Historical and Revision Notes

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

51507
46 App.:1295c(c) (3)(A).
June 29, 1936, ch. 858, title XIII, §1304(c)(3)(A), as added Pub. L. 96–453, §2, Oct. 15, 1980, 94 Stat. 2003.

In paragraph (2), the words "with the permission of the owner" are substituted for "if the owner . . . cooperates in such use" for clarity.
46 U.S.C. § 7509 (2024) — Title 46: SHIPPING / Chapter 75 / Section 7509: Medical certification by trusted agents
Medical certification by trusted agents
Status: in_force

(a) In General.—Notwithstanding any other provision of law and pursuant to regulations prescribed by the Secretary, a trusted agent may issue a medical certificate to an individual who—

(1) must hold such certificate to qualify for a license, certificate of registry, or merchant mariner's document, or endorsement thereto under this part; and

(2) is qualified as to sight, hearing, and physical condition to perform the duties of such license, certificate, document, or endorsement, as determined by the trusted agent.

(b) Process for Issuance of Certificates by Secretary.—A final rule implementing this section shall include a process for—

(1) the Secretary of the department in which the Coast Guard is operating to issue medical certificates to mariners who submit applications for such certificates to the Secretary; and

(2) a trusted agent to defer to the Secretary the issuance of a medical certificate.

(c) Trusted Agent Defined.—In this section the term "trusted agent" means a medical practitioner certified by the Secretary to perform physical examinations of an individual for purposes of a license, certificate of registry, or merchant mariner's document under this part.

(Added Pub. L. 114–120, title III, §309(a), Feb. 8, 2016, 130 Stat. 56.)

Statutory Notes and Related Subsidiaries

Implementation Deadline

Pub. L. 114–120, title III, §309(b), Feb. 8, 2016, 130 Stat. 57, provided that: "Not later than 5 years after the date of the enactment of this Act [Feb. 8, 2016], the Secretary of the department in which the Coast Guard is operating shall issue a final rule implementing section 7509 of title 46, United States Code, as added by this section."
46 U.S.C. § 30916 (2024) — Title 46: SHIPPING / Chapter 309 / Section 30916: Recovery by the United States for salvage services
Recovery by the United States for salvage services
Status: in_force

(a) Civil Action.—The United States, and the crew of a merchant vessel owned or operated by the United States, or a federally-owned corporation, may bring a civil action to recover for salvage services provided by the vessel and crew.

(b) Deposit of Amounts Recovered.—Any amount recovered under this section by the United States for its own benefit, and not for the benefit of the crew, shall be deposited in the Treasury to the credit of the department of the United States Government, or the corporation, having control of the possession or operation of the vessel.

(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1520.)

Historical and Revision Notes

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

30916
46 App.:750.
Mar. 9, 1920, ch. 95, §10, 41 Stat. 528; Pub. L. 97–31, §12(25)(D), Aug. 6, 1981, 95 Stat. 155.

In subsection (a), the words "may bring a civil action to recover" are substituted for "shall have the right to collect and sue" for consistency in this chapter and to eliminate unnecessary words.
46 U.S.C. § 7103 (2024) — Title 46: SHIPPING / Chapter 71 / Section 7103: Licenses for radio officers
Licenses for radio officers
Status: in_force

(a) A license as radio officer may be issued only to an applicant who has a first-class or second-class radiotelegraph operator license issued by the Federal Communications Commission.

(b) Except as provided in section 7318 of this title, this part does not affect the status of radiotelegraph operators serving on board vessels operating only on the Great Lakes.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 540.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

7103 
46:229a
46:229b

46:229g

Section 7103 requires an applicant for a license as a radio officer to have, as a prerequisite, a first-class or second-class radiotelegraph operator license issued by the Federal Communications Commission (FCC). It also excepts radiotelegraph operators that are engaged on Great Lakes vessels from the requirement of having to obtain a radio officer's license.
46 U.S.C. § 30917 (2024) — Title 46: SHIPPING / Chapter 309 / Section 30917: Disposition of amounts recovered by the United States
Disposition of amounts recovered by the United States
Status: in_force

Amounts recovered in a civil action brought by the United States on a claim arising from the ownership, possession, or operation of a merchant vessel, or the ownership, possession, or carriage of cargo, shall be deposited in the Treasury to the credit of the department of the United States Government, or the federally-owned corporation, having control of the vessel or cargo, for reimbursement of the appropriation, insurance fund, or other fund from which the compensation for which the judgment was recovered was or will be paid.

(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1520.)

Historical and Revision Notes

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

30917
46 App.:751.
Mar. 9, 1920, ch. 95, §11, 41 Stat. 528; Pub. L. 97–31, §12(25)(D), Aug. 6, 1981, 95 Stat. 155.

The words "or in connection with" and "with respect to which such cause of action arises" are omitted as unnecessary.
46 U.S.C. § 7504 (2024) — Title 46: SHIPPING / Chapter 75 / Section 7504: Travel and expense reimbursement
Travel and expense reimbursement
Status: in_force

When a requirement to qualify for the issuance of, or endorsement on, a certificate, license, or document under this part is administered at a place at the request of an applicant or an applicant's representative, the applicant or representative may reimburse the Secretary for the travel and subsistence expenses incurred by the personnel assigned to perform the administration of the requirement. Amounts received as reimbursement under this section shall be credited to the appropriation for operations and support of the Coast Guard.

(Added Pub. L. 99–640, §10(b)(2)(A), Nov. 10, 1986, 100 Stat. 3549; amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8513(b), Jan. 1, 2021, 134 Stat. 4761.)

Editorial Notes

Amendments

2021—Pub. L. 116–283 substituted "operations and support" for "operating expenses".

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. § 42305 (2024) — Title 46: SHIPPING / Chapter 423 / Section 42305: Refusal of clearance and entry
Refusal of clearance and entry
Status: in_force

Subject to section 42306 of this title, whenever the Federal Maritime Commission determines that the conditions specified in section 42302(a) of this title exist, then at the request of the Commission—

(1) the Secretary of Homeland Security shall refuse the clearance required by section 60105 of this title to a vessel of a foreign carrier that is identified by the Commission under section 42304 of this title; and

(2) the Secretary of the department in which the Coast Guard is operating shall—

(A) deny entry, for purposes of oceanborne trade, of a vessel of a foreign carrier that is identified by the Commission under section 42304 of this title, to a port or place in the United States or the navigable waters of the United States; or

(B) detain the vessel at the port or place in the United States from which it is about to depart for another port or place in the United States.

(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)

42305
46 App.:1710a(f).
Pub. L. 100–418, title X, §10002(f), Aug. 23, 1988, 102 Stat. 1572.

Before paragraph (1), the words "Subject to section 42306 of this title" are added to alert the reader to the application of that section. The word "determines" is substituted for "finds" for consistency with section 42306 of the revised title.

In paragraph (1), the words "Secretary of Homeland Security" are substituted for "collector of customs at any port or place of destination in the United States" 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 collector of customs previously were vested in the Secretary of the Treasury by Reorganization Plan No. 26 of 1950, and the office of collector of customs previously was abolished by Reorganization Plan No. 1 of 1965.
46 U.S.C. § 7104 (2024) — Title 46: SHIPPING / Chapter 71 / Section 7104: Certificates for medical doctors and nurses
Certificates for medical doctors and nurses
Status: in_force

A certificate of registry as a medical doctor or professional nurse may be issued only to an applicant who has a license as a medical doctor or registered nurse, respectively, issued by a State.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 540.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

7104 
46:243

Section 7104 requires an applicant for a certificate of registry as a medical doctor or professional nurse to have, as a prerequisite, a license as a medical doctor or registered nurse issued by a State.
46 U.S.C. § 109 (2024) — Title 46: SHIPPING / Chapter 1 / Section 109: Foreign commerce or trade
Foreign commerce or trade
Status: in_force

(a) In General.—In this title, the terms "foreign commerce" and "foreign trade" mean commerce or trade between a place in the United States and a place in a foreign country.

(b) Capital Construction Funds and Construction-Differential Subsidies.—In the context of capital construction funds under chapter 535 of this title, and in the context of construction-differential subsidies under title V of the Merchant Marine Act, 1936, the terms "foreign commerce" and "foreign trade" also include, in the case of liquid and dry bulk cargo carrying services, trading between foreign ports in accordance with normal commercial bulk shipping practices in a manner that will permit bulk vessels of the United States to compete freely with foreign bulk vessels in their operation or competition for charters, subject to regulations prescribed by the Secretary of Transportation.

(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)

109
46 App.:1244(a).
June 29, 1936, ch. 858, title IX, §905(a), 49 Stat. 2016; June 23, 1938, ch. 600, §39(a), 52 Stat. 964; Pub. L. 91–469, §28, Oct. 21, 1970, 84 Stat. 1034; Pub. L. 92–402, §2, Aug. 22, 1972, 86 Stat. 617; Pub. L. 97–31, §12(133)(A), Aug. 6, 1981, 95 Stat. 165.

In subsection (a), the words "its Territories or possessions, or the District of Columbia" are omitted because of the definition of "United States" in this chapter.

Editorial Notes

References in Text

The Merchant Marine Act, 1936, referred to in subsec. (b), is act June 29, 1936, ch. 858, 49 Stat. 1985. Title V of the Act enacted provisions set out as notes under section 53101 of this title. For complete classification of this Act to the Code, see Short Title of 1936 Amendment note set out under section 101 of this title and Tables.
46 U.S.C. § 41310 (2024) — Title 46: SHIPPING / Chapter 413 / Section 41310: Charge complaints
Charge complaints
Status: in_force

(a) In General.—A person may submit to the Federal Maritime Commission, and the Commission shall accept, information concerning complaints about charges assessed by a common carrier. The information submitted to the Commission shall include the bill of lading numbers and invoices, and may include any other relevant information.

(b) Investigation.—Upon receipt of a submission under subsection (a), with respect to a charge assessed by a common carrier, the Commission shall promptly investigate the charge with regard to compliance with section 41104(a) and section 41102. The common carrier shall—

(1) be provided an opportunity to submit additional information related to the charge in question; and

(2) bear the burden of establishing the reasonableness of any demurrage or detention charges pursuant to section 545.5 of title 46, Code of Federal Regulations (or successor regulations).

(c) Refund.—Upon receipt of submissions under subsection (a), if the Commission determines that a charge does not comply with section 41104(a) or 41102, the Commission shall promptly order the refund of charges paid.

(d) Penalties.—In the event of a finding that a charge does not comply with section 41104(a) or 41102 after submission under subsection (a), a civil penalty under section 41107 shall be applied to the common carrier making such charge.

(e) Considerations.—If the common carrier assessing the charge is acting in the capacity of a non-vessel-operating common carrier, the Commission shall, while conducting an investigation under subsection (b), consider—

(1) whether the non-vessel-operating common carrier is responsible for the noncompliant assessment of the charge, in whole or in part; and

(2) whether another party is ultimately responsible in whole or in part and potentially subject to action under subsections (c) and (d).

(Added Pub. L. 117–146, §10(a), June 16, 2022, 136 Stat. 1278.)
46 U.S.C. § 14302 (2024) — Title 46: SHIPPING / Chapter 143 / Section 14302: Measurement
Measurement
Status: in_force

(a) The Secretary shall measure a vessel to which this chapter applies in the way provided by this chapter and the Convention.

(b) A vessel measured under this chapter may not be required to be measured under another law.

(c) Unless otherwise provided by law, the measurement of a vessel under this chapter applies to a law of the United States whose applicability depends on a vessel's tonnage, if that law—

(1) becomes effective after July 18, 1994; or

(2) is in effect before July 19, 1994, is not enumerated in section 14305 of this title, and is identified by the Secretary by regulation as a law to which this chapter applies.

(Pub. L. 99–509, title V, §5101(3), Oct. 21, 1986, 100 Stat. 1921; Pub. L. 111–281, title III, §303(d), Oct. 15, 2010, 124 Stat. 2924.)

Historical and Revision Notes

Revised section 14302

Source: International Convention on Tonnage Measurement of Ships.

Section 14302(a) requires the Secretary to measure a vessel to which this chapter applies, in the way provided by this chapter and by the Convention. Section 14302(b) provides that a vessel that is required to be measured under this chapter can not also be required to be measured under another law. The exception allows the Panama Canal Commission to continue to use the Canal measurement system for calculation of tolls. Section 14302(c) provides that the applicability of tonnage-based laws that become effective after July 18, 1994, will be based on Convention tonnage measurements. The applicability of tonnage-based laws in effect before July 19, 1994, which are listed by the Secretary, will also be based on Convention tonnage. Therefore, the laws that will be based on regulatory tonnage are those not listed by the Secretary by regulation and those listed in section 14305 of this legislation.

Editorial Notes

Amendments

2010—Subsec. (b). Pub. L. 111–281 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "Except as provided in section 1602(a) of the Panama Canal Act of 1979 (22 U.S.C. 3792(a)), a vessel measured under this chapter may not be required to be measured under another law."
46 U.S.C. § 3717 (2024) — Title 46: SHIPPING / Chapter 37 / Section 3717: Marine safety information system
Marine safety information system
Status: in_force

(a) The Secretary shall establish a marine safety information system that shall contain information about each vessel to which this chapter applies that operates on the navigable waters of the United States, or that transfers oil or hazardous material in a port or place under the jurisdiction of the United States. In acquiring this information, the Secretary shall make full use of publicly available information. The Secretary may by regulation require the vessel to provide information that the Secretary considers necessary to carry out this subsection, including—

(1) the name of each person with an ownership interest in the vessel;

(2) details of compliance with the financial responsibility requirements of applicable laws or regulations;

(3) registration information, including all changes in the name of the vessel;

(4) the history of marine casualties and serious repair problems of the vessel; and

(5) a record of all inspections and examinations of a vessel conducted under section 3714 of this title.

(b) On written request from the Secretary, the head of each department, agency, or instrumentality of the United States Government shall provide available information that the Secretary considers necessary to confirm the information received under subsection (a) of this section.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 527.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

3717 
46:391a(16)

Section 3717 requires the Secretary to establish a marine safety information system which is to contain selected information on any tank vessel, foreign or domestic, that comes within the jurisdiction of the United States. This information must be recorded and maintained up-to-date and is available from a number of sources. In some instances, this information is required as a condition of entry. This information shall include certain ownership interests, financial responsibility information, all registered names that the vessel has had since it was built, the present and prior countries of registry, history of accidents or serious repair problems, record of the various inspections or examinations required, and any other data the Secretary deems appropriate to carry out the intent of the section. The section also provides for interagency cooperation and the furnishing of available data and information.
46 U.S.C. § 10702 (2024) — Title 46: SHIPPING / Chapter 107 / Section 10702: Duties of masters
Duties of masters
Status: in_force

(a) When a seaman dies during a voyage, the master shall take charge of the seaman's money and property. An entry shall be made in the official logbook, signed by the master, the chief mate, and an unlicensed crewmember containing an inventory of the money and property and a statement of the wages due the seaman, with the total of the deductions to be made.

(b) On compliance with this chapter, the master shall obtain a written certificate of compliance from the consular officer or court clerk. Clearance may be granted to a foreign-bound vessel only when the certificate is received at the office of customs.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 572; Pub. L. 103–206, title IV, §422(a), Dec. 20, 1993, 107 Stat. 2438.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

10702 
46:621

Section 10702 requires a master to take charge of the property of a deceased seaman, make note in the official logbook that the property was taken and obtain a certificate of compliance from a shipping commissioner which must be exhibited for port clearance of foreign bound vessels.

Editorial Notes

Amendments

1993—Subsec. (b). Pub. L. 103–206 substituted "the consular officer or court clerk" for "a shipping commissioner".
46 U.S.C. § 12117 (2024) — Title 46: SHIPPING / Chapter 121 / Subchapter II / Section 12117: Oil spill response vessels
Oil spill response vessels
Status: in_force

(a) Requirements.—A coastwise endorsement may be issued for a vessel that—

(1) satisfies the requirements for a coastwise endorsement, except for the ownership requirement otherwise applicable without regard to this section;

(2) is owned by a not-for-profit oil spill response cooperative or by members of such a cooperative that dedicate the vessel to use by the cooperative;

(3) is at least 50 percent owned by individuals or entities described in section 12103(b) of this title; and

(4) is to be used only for—

(i) deploying equipment, supplies, and personnel to recover, contain, or transport oil discharged into the navigable waters of the United States or the exclusive economic zone; or

(ii) training exercises to prepare to respond to such a discharge.

(b) Deemed Owned by Citizens.—A vessel satisfying subsection (a) is deemed to be owned only by citizens of the United States under sections 12103, 12132, and 50501 of this title.

(Pub. L. 109–304, §5, Oct. 6, 2006, 120 Stat. 1499.)

Historical and Revision Notes

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

12117
46:12106(d).

Editorial Notes

Prior Provisions

A prior section 12117, 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, originally derived from section 65q of former Title 46, Shipping, related to recording of United States built vessels, prior to the general amendment of this chapter by Pub. L. 109–304. See section 12137 of this title.
46 U.S.C. § 12307 (2024) — Title 46: SHIPPING / Chapter 123 / Section 12307: Regulations on numbering and fees
Regulations on numbering and fees
Status: in_force

The authority issuing a number under this chapter may prescribe regulations and establish fees to carry out the intent of this chapter. The fees shall apply equally to residents and nonresidents of the State. A State issuing authority may impose only conditions for vessel numbering that are—

(1) prescribed by this chapter or regulations of the Secretary about the standard numbering system; or

(2) related to proof of payment of State or local taxes.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 591.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

12307 
46:1472

Section 12307 provides the States or the Secretary with the authority to prescribe regulations and establish fees for carrying out the requirements of this chapter. The fee must apply equally to residents and nonresidents of the State in which the vessel is numbered.
46 U.S.C. § 3701 (2024) — Title 46: SHIPPING / Chapter 37 / Section 3701: Definitions
Definitions
Status: in_force

In this chapter—

(1) "existing", when referring to a type of vessel to which this chapter applies, means a vessel that is not a new vessel.

(2) "new", when referring to a type of vessel to which this chapter applies, means a vessel—

(A) for which the building contract is placed after June 1, 1979;

(B) in the absence of a building contract, the keel of which is laid, or which is at a similar stage of construction, after January 1, 1980;

(C) the delivery of which is after June 1, 1982; or

(D) that has undergone a major conversion under a contract made after June 1, 1979, or construction work that began after January 1, 1980, or was completed after June 1, 1982.

(3) "person" means an individual (even if not a citizen or national of the United States), a corporation, partnership, association, or other entity (even if not organized or existing under the laws of a State), the United States Government, a State or local government, a government of a foreign country, or an entity of one of those governments.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 521; Pub. L. 99–509, title V, §5102(b)(5), Oct. 21, 1986, 100 Stat. 1927; Pub. L. 100–424, §8(c)(2), Sept. 9, 1988, 102 Stat. 1593; Pub. L. 115–232, div. C, title XXXV, §3541(a)(2), Aug. 13, 2018, 132 Stat. 2323.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

3701(1) 
46:391a(2)(R)

3701(2) 
46:391a(2)(P)

3701(3) 
46:391a(2)(Q)

3701(4) 
46:391a(2)(F)

3701(5) 
46:391a(2)(J)

3701(6) 
46:391a(2)(K)

Section 3701 contains definitions that are of a special nature with limited applicability to this chapter.

Editorial Notes

Amendments

2018—Pars. (2) to (4). Pub. L. 115–232 redesignated pars. (3) and (4) as (2) and (3), respectively.

1988—Par. (2). Pub. L. 100–424 struck out par. (2) which read as follows: " 'major conversion' means a conversion of an existing vessel that substantially changes the dimensions or carrying capacity of the vessel or changes the type of vessel or substantially prolongs its life or that otherwise so changes the vessel that it is essentially a new vessel, as decided by the Secretary."

1986—Pars. (5), (6). Pub. L. 99–509 struck out par. (5) defining "State" as including Trust Territory of the Pacific Islands in addition to its meaning under section 2101(36) of this title, and struck out par. (6) defining "United States" as including the Trust Territory of the Pacific Islands in addition to its meaning under section 2101(44) of this title.

Statutory Notes and Related Subsidiaries

Effective Date

Chapter effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 98–89, set out as a note under section 3101 of this title.
46 U.S.C. § 30305 (2024) — Title 46: SHIPPING / Chapter 303 / Section 30305: Death of plaintiff in pending action
Death of plaintiff in pending action
Status: in_force

If a civil action in admiralty is pending in a court of the United States to recover for personal injury caused by wrongful act, neglect, or default described in section 30302 of this title, and the individual dies during the action as a result of the wrongful act, neglect, or default, the personal representative of the decedent may be substituted as the plaintiff and the action may proceed under this chapter for the recovery authorized by this chapter.

(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)

30305
46 App.:765.
Mar. 30, 1920, ch. 111, §5, 41 Stat. 537.

The words "If a civil action in admiralty is pending in a court of the United States to recover for personal injury caused by wrongful act, neglect, or default described in section 30302 of this title, and the individual dies during the action as a result of the wrongful act, neglect, or default" are substituted for "If a person die [sic] as the result of such wrongful act, neglect, or default as is mentioned in section 761 of this Appendix during the pendency in a court of admiralty of the United States of a suit to recover damages for personal injuries in respect of such act, neglect, or default" to eliminate unnecessary words. The words "the plaintiff" are substituted for "a party" to be more precise.
46 U.S.C. § 31303 (2024) — Title 46: SHIPPING / Chapter 313 / Subchapter I / Section 31303: Certain civil actions not authorized
Certain civil actions not authorized
Status: in_force

If a mortgage covers a vessel and additional property that is not a vessel, this chapter does not authorize a civil action in rem to enforce the rights of the mortgagee under the mortgage against the additional property.

(Pub. L. 100–710, title I, §102(c), Nov. 23, 1988, 102 Stat. 4740.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

31303 
46:954(b)

Section 31303 makes it clear that, if a mortgage covers a vessel and additional property that is not a vessel, this chapter does not authorize a civil action in rem in admiralty to enforce rights against the additional property. This section 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. § 50107 (2024) — Title 46: SHIPPING / Chapter 501 / Section 50107: Studies on marine insurance
Studies on marine insurance
Status: in_force

The Secretary of Transportation shall—

(1) examine into the subject of marine insurance, the number of companies in the United States, domestic and foreign, engaging in marine insurance, the extent of the insurance on hulls and cargoes placed or written in the United States, and the extent of reinsurance of American maritime risks in foreign companies; and

(2) ascertain what steps may be necessary to develop an ample marine insurance system as an aid in the development of the merchant marine of the United States.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1559.)

Historical and Revision Notes

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

50107
46 App.:811 (2d sentence words after 2d comma).
Sept. 7, 1916, ch. 451, §12 (2d sentence words after 2d comma), 39 Stat. 732; Ex. Ord. No. 6166, §12, eff. June 10, 1933; June 29, 1936, ch. 858, title II, §204, title IX, §904, 49 Stat. 1987, 2016; Pub. L. 97–31, §12(27), Aug. 6, 1981, 95 Stat. 155.
46 U.S.C. § 2109 (2024) — Title 46: SHIPPING / Chapter 21 / Section 2109: Public vessels
Public vessels
Status: in_force

Except as otherwise provided, this subtitle does not apply to a public vessel of the United States. However, this subtitle does apply to a vessel (except a Great Lakes St. Lawrence Seaway Development Corporation vessel) owned or operated by the Department of Transportation or by any corporation organized or controlled by the Department.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 507; Pub. L. 99–509, title V, §5102(b)(3), Oct. 21, 1986, 100 Stat. 1927; Pub. L. 109–241, title IX, §902(e)(1), July 11, 2006, 120 Stat. 567; Pub. L. 111–281, title IX, §903(a)(5)(A), Oct. 15, 2010, 124 Stat. 3010; Pub. L. 116–260, div. AA, title V, §512(c)(6)(A), Dec. 27, 2020, 134 Stat. 2756.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

2109 
46:362
46:363

46:391a(4)

Section 2109 exempts public vessels from the applicability of the maritime safety and seamen's welfare laws of this subtitle although some public vessels are inspected under interagency voluntary agreements.

Editorial Notes

Amendments

2020—Pub. L. 116–260 substituted "Great Lakes St. Lawrence Seaway Development Corporation" for "Saint Lawrence Seaway Development Corporation".

2010—Pub. L. 111–281 amended directory language of Pub. L. 109–241, §902(e)(1). See 2006 Amendment note below.

2006—Pub. L. 109–241, §902(e)(1), as amended by Pub. L. 111–281, struck out "a Coast Guard or" after "(except".

1986—Pub. L. 99–509 substituted "Except as otherwise provided, this" for "This".

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Pub. L. 111–281, title IX, §903(a), Oct. 15, 2010, 124 Stat. 3010, provided that the amendment by section 903(a)(5)(A) is effective with enactment of Pub. L. 109–241.
46 U.S.C. § 55123 (2024) — Title 46: SHIPPING / Chapter 551 / Section 55123: Priority loading for coal
Priority loading for coal
Status: in_force

A vessel engaged in the coastwise transportation of coal produced in the United States, from a port in the United States to another port in the United States, shall be given priority in loading at any of those ports ahead of a waiting vessel engaged in the export transportation of coal produced in the United States. However, if the Secretary of Transportation finds that it is in the national interest, the Secretary may eliminate this priority loading at any port. The Secretary shall report to Congress within 30 days an action eliminating priority loading under this section.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1642, §55301; renumbered §55123, Pub. L. 116–283, div. A, title X, §1024(b)(1)(A), Jan. 1, 2021, 134 Stat. 3842.)

Historical and Revision Notes

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

55301
46 App.:1121–1.
Pub. L. 96–387, §5, Oct. 7, 1980, 94 Stat. 1546; Pub. L. 97–31, §12(68), Aug. 6, 1981, 95 Stat. 159; Pub. L. 99–662, title IX, §947, Nov. 17, 1986, 100 Stat. 4200.

Editorial Notes

Amendments

2021—Pub. L. 116–283 renumbered section 55301 of this title as this section.
46 U.S.C. § 40901 (2024) — Title 46: SHIPPING / Chapter 409 / Section 40901: License requirement
License requirement
Status: in_force

(a) In General.—A person in the United States may not advertise, hold oneself out, or act as an ocean transportation intermediary unless the person holds an ocean transportation intermediary's license issued by the Federal Maritime Commission. The Commission shall issue a license to a person that the Commission determines to be qualified by experience and character to act as an ocean transportation intermediary.

(b) Exception.—A person whose primary business is the sale of merchandise may forward shipments of the merchandise for its own account without an ocean transportation intermediary's license.

(c) Applicability.—Subsection (a) and section 40902 do not apply to a person that performs ocean transportation intermediary services on behalf of an ocean transportation intermediary for which it is a disclosed agent.

(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1538; Pub. L. 115–282, title VII, §707(a), (b), Dec. 4, 2018, 132 Stat. 4295.)

Historical and Revision Notes

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

40901(a)
46 App.:1718(a).
Pub. L. 98–237, §19(a), (d), Mar. 20, 1984, 98 Stat. 87, 88; Pub. L. 105–258, title I, §116, Oct. 14, 1998, 112 Stat. 1912.

40901(b)
46 App.:1718(d).

Editorial Notes

Amendments

2018—Subsec. (a). Pub. L. 115–282, §707(a), inserted "advertise, hold oneself out, or" after "may not".

Subsec. (c). Pub. L. 115–282, §707(b), added subsec. (c).
46 U.S.C. § 4308 (2024) — Title 46: SHIPPING / Chapter 43 / Section 4308: Termination of unsafe operation
Termination of unsafe operation
Status: in_force

If an official charged with the enforcement of this chapter observes a recreational vessel being operated without sufficient lifesaving or firefighting devices or in an overloaded or other unsafe condition (as defined in regulations prescribed under this chapter) and, in the judgment of the official, the operation creates an especially hazardous condition, the official may direct the individual in charge of the recreational vessel to take immediate and reasonable steps necessary for the safety of individuals on board the vessel, including directing the individual in charge to return to a mooring and to remain there until the situation creating the hazard is corrected or ended.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 532; Pub. L. 99–307, §1(9), May 19, 1986, 100 Stat. 445.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

4308 
46:1462

Section 4308 authorizes an appropriate official to terminate the unsafe operation of recreational vessels. If the official observes the vessel being operated without sufficient lifesaving or firefighting devices or in an overloaded or other unsafe condition (as defined in regulations) and believes the operation creates an especially hazardous condition, the operator may be directed to take immediate and reasonable steps necessary for safety, including returning to a mooring and remaining there until the hazard is corrected or ended. This does not prevent the assessment of any applicable civil penalties nor the pursuing of appropriate criminal action.

Editorial Notes

Amendments

1986—Pub. L. 99–307 substituted "individual in charge" for "operator" in two places.
46 U.S.C. § 14503 (2024) — Title 46: SHIPPING / Chapter 145 / Subchapter I / Section 14503: Certificate of measurement
Certificate of measurement
Status: in_force

(a) The Secretary shall prescribe the certificate to be issued as evidence of a vessel's measurement under this chapter.

(b) The certificate shall be maintained as required by the Secretary.

(Pub. L. 99–509, title V, §5101(3), Oct. 21, 1986, 100 Stat. 1923; Pub. L. 111–281, title III, §303(e)(2), Oct. 15, 2010, 124 Stat. 2925.)

Historical and Revision Notes

Revised section 14503

Source: Section (U.S. Code) 46 App. U.S.C. 72.

Section 14503 requires the Secretary to issue a certificate, in a manner that is to be prescribed by the Secretary, as evidence of a vessel's regulatory measurement.

Editorial Notes

Amendments

2010—Pub. L. 111–281 designated existing provisions as subsec. (a) and added subsec. (b).
46 U.S.C. § 30907 (2024) — Title 46: SHIPPING / Chapter 309 / Section 30907: Procedure for hearing and determination
Procedure for hearing and determination
Status: in_force

(a) In General.—A civil action under this chapter shall proceed and be heard and determined according to the principles of law and the rules of practice applicable in like cases between private parties.

(b) In Rem.—

(1) Requirements.—The action may proceed according to the principles of an action in rem if—

(A) the plaintiff elects in the complaint; and

(B) it appears that an action in rem could have been maintained had the vessel or cargo been privately owned and possessed.

(2) Effect on relief in personam.—An election under paragraph (1) does not prevent the plaintiff from seeking relief in personam in the same action.

(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)

30907(a)
46 App.:743 (1st, 4th sentences).
Mar. 9, 1920, ch. 95, §3 (1st, 4th–6th sentences), 41 Stat. 526.

30907(b)
46 App.:743 (5th, 6th sentences).

In subsection (a), the text of 46 App. U.S.C. 743 (4th sentence) is omitted as unnecessary.

In subsection (b)(1)(A), the words "plaintiff" and "complaint" are substituted for "libelant" and "libel", respectively, for consistency with the Federal Rules of Civil Procedure (28 App. U.S.C.).

In subsection (b)(2), the words "in any proper case" are omitted as unnecessary.
46 U.S.C. § 30302 (2024) — Title 46: SHIPPING / Chapter 303 / Section 30302: Cause of action
Cause of action
Status: in_force

When the death of an individual is caused by wrongful act, neglect, or default occurring on the high seas beyond 3 nautical miles from the shore of the United States, the personal representative of the decedent may bring a civil action in admiralty against the person or vessel responsible. The action shall be for the exclusive benefit of the decedent's spouse, parent, child, or dependent relative.

(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)

30302
46 App.:761(a).
Mar. 30, 1920, ch. 111, §1(a), 41 Stat. 537; Pub. L. 106–181, title IV, §404(a)(1), Apr. 5, 2000, 114 Stat. 131.

The words "Subject to subsection (b) of this section" are omitted as unnecessary. The words "3 nautical miles" are substituted for "a marine league" for clarity. The words "United States" are substituted for "any State, or the District of Columbia, or the Territories or dependencies of the United States" because of the definition of "United States" in chapter 1 of the revised title. The words "bring a civil action" are substituted for "maintain a suit" for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words "for damages" are omitted as unnecessary. The words "in the district courts of the United States" are omitted as unnecessary because of 28 U.S.C. 1333. The words "person or vessel" are substituted for "vessel, person, or corporation" because of 1 U.S.C. 1. The word "responsible" is substituted for "which would have been liable if death had not ensued" to eliminate unnecessary words.
46 U.S.C. § 5105 (2024) — Title 46: SHIPPING / Chapter 51 / Section 5105: Load line surveys
Load line surveys
Status: in_force

(a) The Secretary may provide for annual, renewal, and other load line surveys.

(b) In conducting a load line survey, the Secretary shall consider whether—

(1) the hull and fittings of the vessel—

(A) are adequate to protect the vessel from the sea; and

(B) meet other requirements the Secretary may prescribe by regulation;

(2) the strength of the hull is adequate for all loading conditions;

(3) the stability of the vessel is adequate for all loading conditions;

(4) the topsides of the vessel are arranged and constructed to allow rapid overboard drainage of deck water in heavy weather; and

(5) the topsides of the vessel are adequate in design, arrangement, and equipment to protect crewmembers performing outside tasks necessary for safe operation of the vessel.

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

Historical and Revision Notes

Revised section 5105

Section 5105 authorizes the Secretary of Transportation to provide for load line surveys and requires that while conducting a load line survey, the Secretary must consider various strength, stability, design, and construction features of the vessel.
46 U.S.C. § 70109 (2024) — Title 46: SHIPPING / Chapter 701 / Subchapter I / Section 70109: Notifying foreign authorities
Notifying foreign authorities
Status: in_force

(a) In General.—Unless the Secretary finds that a port in a foreign country maintains effective antiterrorism measures, the Secretary shall notify the appropriate authorities of the government of the foreign country of the finding and recommend the steps necessary to improve the antiterrorism measures in use at the port.

(b) Training Program.—The Secretary, in cooperation with the Secretary of State, shall operate a port security training program for ports in foreign countries that are found under section 70108 to lack effective antiterrorism measures.

(Added Pub. L. 107–295, title I, §102(a), Nov. 25, 2002, 116 Stat. 2080; amended Pub. L. 111–281, title VIII, §806(a)(2), Oct. 15, 2010, 124 Stat. 2992.)

Editorial Notes

Amendments

2010—Subsec. (a). Pub. L. 111–281 substituted "Unless the Secretary finds that a port in a foreign country maintains effective antiterrorism measures," for "If the Secretary, after conducting an assessment under section 70108, finds that a port in a foreign country does not maintain effective antiterrorism measures,".
46 U.S.C. § 7307 (2024) — Title 46: SHIPPING / Chapter 73 / Section 7307: Able seamen-unlimited
Able seamen-unlimited
Status: in_force

The required service for the endorsement of able seaman—unlimited, qualified for unlimited service on a vessel on any waters, is at least 3 years' 1 service on deck on board vessels operating at sea or on the Great Lakes.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 543.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

7307 
46:672(b)(1)

Section 7307 requires individuals to have at least 3 years service on deck on vessels operating at sea or on the Great Lakes before their merchant mariner's documents can be endorsed as able seamen—unlimited.

Statutory Notes and Related Subsidiaries

Temporary Reduction of Lengths of Certain Periods of Service

Pub. L. 118–31, div. C, title XXXV, §3534(j), Dec. 22, 2023, 137 Stat. 833, provided that: "For the 3-year period beginning on the date of enactment of this Act [Dec. 22, 2023]—

"(1) section 7307 of title 46, United States Code, shall be applied by substituting '18 months' for '3 years';

"(2) section 7308 of such title shall be applied by substituting '12 months' for '18 months'; and

"(3) section 7309 of such title shall be applied by substituting '6 months' for '12 months'."

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. § 42301 (2024) — Title 46: SHIPPING / Chapter 423 / Section 42301: Definitions
Definitions
Status: in_force

(a) Defined in Part A.—In this chapter, the terms "common carrier", "marine terminal operator", "ocean common carrier", "ocean transportation intermediary", "shipper", and "shippers' association" have the meaning given those terms in section 40102 of this title.

(b) Other Definitions.—In this chapter:

(1) Foreign carrier.—The term "foreign carrier" means an ocean common carrier a majority of whose vessels are documented under the laws of a foreign country.

(2) Maritime services.—The term "maritime services" means port-to-port transportation of cargo by vessels operated by an ocean common carrier.

(3) Maritime-related services.—The term "maritime-related services" means intermodal operations, terminal operations, cargo solicitation, agency services, ocean transportation intermediary services and operations, and all other activities and services integral to total transportation systems of ocean common carriers and their foreign domiciled affiliates for themselves and others.

(4) United states carrier.—The term "United States carrier" means an ocean common carrier operating vessels documented under the laws of the United States.

(5) United states oceanborne trade.—The term "United States oceanborne trade" means the carriage of cargo between the United States and a foreign country, whether directly or indirectly, by an ocean common carrier.

(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)

42301
46 App.:1710a(a).
Pub. L. 100–418, title X, §10002(a), Aug. 23, 1988, 102 Stat. 1570; Pub. L. 105–258, title I, §111(1)–(3), Oct. 14, 1998, 112 Stat. 1911.
46 U.S.C. § 50102 (2024) — Title 46: SHIPPING / Chapter 501 / Section 50102: Survey of merchant marine
Survey of merchant marine
Status: in_force

(a) In General.—The Secretary of Transportation shall survey the merchant marine of the United States to determine whether replacements and additions are required to carry out the objectives and policy of section 50101 of this title. The Secretary shall study, perfect, and adopt a long-range program for replacements and additions that will result, as soon as practicable, in—

(1) an adequate and well-balanced merchant fleet, including vessels of all types, that will provide shipping service essential for maintaining the flow of foreign commerce by vessels designed to be readily and quickly convertible into transport and supply vessels in a time of national emergency;

(2) ownership and operation of the fleet by citizens of the United States insofar as practicable;

(3) vessels designed to afford the best and most complete protection for passengers and crew against fire and all marine perils; and

(4) an efficient capacity for building and repairing vessels in the United States with an adequate number of skilled personnel to provide an adequate mobilization base.

(b) Cooperation With Secretary of Navy.—In carrying out subsection (a)(1), the Secretary of Transportation shall cooperate closely with the Secretary of the Navy as to national defense requirements.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1557.)

Historical and Revision Notes

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

50102
46 App.:1120.
June 29, 1936, ch. 858, title II, §210, 49 Stat. 1989; Pub. L. 91–469, §§3, 35(a), Oct. 21, 1970, 84 Stat. 1018, 1035; Pub.L. 97–31, §12(67) (related to §210), Aug. 6, 1981, 95 Stat. 159.
46 U.S.C. § 30703 (2024) — Title 46: SHIPPING / Chapter 307 / Section 30703: Bills of lading
Bills of lading
Status: in_force

(a) Issuance.—On demand of a shipper, the carrier shall issue a bill of lading or shipping document.

(b) Contents.—The bill of lading or shipping document shall include a statement of—

(1) the marks necessary to identify the goods;

(2) the number of packages, or the quantity or weight, and whether it is carrier's or shipper's weight; and

(3) the apparent condition of the goods.

(c) Prima Facie Evidence of Receipt.—A bill of lading or shipping document issued under this section is prima facie evidence of receipt of the goods described.

(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)

30703
46 App.:193.
Feb. 13, 1893, ch. 105, §4, 27 Stat. 445.

In subsection (a), the words "On demand of a shipper" are added because of the reference to a demand in 46 App. U.S.C. 194. The words "transporting merchandise or property from or between ports of the United States and foreign ports" are omitted because of section 30702(a) of the revised title. The word "lawful" (which modifies "merchandise") is omitted as unnecessary.

In subsection (b)(2), the words "or weight" are added for consistency with the requirement to state whether it is the carrier's or shipper's weight.

In subsection (b)(3), the word "order" is omitted as redundant to "condition". The words "delivered to and received by . . . for transportation" are omitted as unnecessary.