46 U.S.C. § 3301 (2024) — Title 46: SHIPPING / Chapter 33 / Section 3301: Vessels subject to inspection
Vessels subject to inspection
Status: in_force

The following categories of vessels are subject to inspection under this part:

(1) freight vessels.

(2) nautical school vessels.

(3) offshore supply vessels.

(4) passenger vessels.

(5) sailing school vessels.

(6) seagoing barges.

(7) seagoing motor vessels.

(8) small passenger vessels.

(9) steam vessels.

(10) tank vessels.

(11) fish processing vessels.

(12) fish tender vessels.

(13) Great Lakes barges.

(14) oil spill response vessels.

(15) towing vessels.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 510; Pub. L. 98–364, title IV, §402(2), July 17, 1984, 98 Stat. 445; Pub. L. 102–587, title V, §5208(b), Nov. 4, 1992, 106 Stat. 5076; Pub. L. 104–324, title XI, §1104(g), Oct. 19, 1996, 110 Stat. 3967; Pub. L. 108–293, title IV, §415(a), Aug. 9, 2004, 118 Stat. 1047.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

3301(1) 
46:391
46:404

3301(2) 
46:1295f(c)

3301(3) 
46:404–1

3301(4) 
46:390a
46:391

3301(5) 
46:390a

3301(6) 
46:395

3301(7) 
46:367

3301(8) 
46:390a

3301(9) 
46:362
46:391

46:405

3301(10) 
46:391a

Section 3301 lists all classes of vessels that are subject to inspection and certification by the Coast Guard. This section represents one of the sought-after advantages of the bill to simplify access to the provisions of law governing the regulation of vessels. Under the present law, a vessel's inspection status must be determined by examining a table appearing at section 2.01–7A of title 46, Code of Federal Regulations that divides all vessels into more than 70 separate classes.

It is important to note that while the classes of vessels are now limited to ten, there is no prohibition against developing regulations to meet the special needs of various size vessels within any one category. For example, it is expected that the Coast Guard will continue the practice of establishing standards for freight vessels of not more than 100 gross tons and other standards for larger freight vessels.

It should also be noted that a particular vessel can, when engaged in various types of operations, be subject to varying inspection laws. For example, an offshore supply vessel could be classed as a small passenger vessel or a passenger vessel when it operates as a crew boat carrying individuals other than those defined in section 2101(21). If the offshore supply vessel is 500 gross tons and over it would then be subject to inspection as a seagoing motor vessel, a freight vessel, or a passenger vessel.

Editorial Notes

Amendments

2004—Par. (15). Pub. L. 108–293 added par. (15).

1996—Par. (14). Pub. L. 104–324 added par. (14).

1992—Par. (13). Pub. L. 102–587 added par. (13).

1984—Pars. (11), (12). Pub. L. 98–364 added pars. (11) and (12).

Statutory Notes and Related Subsidiaries

Effective Date of 1992 Amendment

Amendment by Pub. L. 102–587 effective Nov. 4, 1992, for Great Lakes barges placed in operation after Nov. 4, 1992, and effective one year after Nov. 4, 1992, for Great Lakes barges in operation on Nov. 4, 1992, with provision for interim safety requirements, see section 5208(c), (d) of Pub. L. 102–587, set out as a note under section 2101 of this title.

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.

Pilot Program

Pub. L. 105–383, title IV, §412(b), Nov. 13, 1998, 112 Stat. 3432, provided that:

"(1) In general.—The Secretary may establish a pilot program to exempt a vessel of at least 300 gross tons as measured under chapter 143 or chapter 145 of title 46, United States Code, from the requirement to be inspected under section 3301(7) of title 46, United States Code, as a seagoing motor vessel, if—

"(A) the vessel does not carry any cargo or passengers for hire;

"(B) the vessel does not engage in commercial service, commercial fisheries, or oceanographic research; and

"(C) the vessel does not engage in towing.

"(2) Expiration of authority.—The authority to grant the exemptions under this subsection expires 2 years after the date of the enactment of this Act [Nov. 13, 1998]. Any specific exemptions granted under this subsection shall nonetheless remain in effect."

Small Passenger Vessel Pilot Inspection Program With State of Minnesota

Pub. L. 104–324, title XI, §1122, Oct. 19, 1996, 110 Stat. 3979, provided that:

"(a) In General.—The Secretary may enter into an agreement with the State under which the State may inspect small passenger vessels operating in waters of that State designated by the Secretary, if—

"(1) the State plan for the inspection of small passenger vessels meets such requirements as the Secretary may require to ensure the safety and operation of such vessels in accordance with the standards that would apply if the Coast Guard were inspecting such vessels; and

"(2) the State will provide such information obtained through the inspection program to the Secretary annually in such form and in such detail as the Secretary may require.

"(b) Fees.—The Secretary may adjust or waive the user fee imposed under section 3317 of title 46, United States Code, for the inspection of small passenger vessels inspected under the State program.

"(c) Termination.—The authority provided by subsection (a) terminates on December 31, 1999.

"(d) Definitions.—For purposes of this section—

"(1) Secretary.—The term 'Secretary' means the Secretary of the department in which the Coast Guard is operating.

"(2) State.—The term 'State' means the State of Minnesota.

"(3) Small passenger vessel.—The term 'small passenger vessel' means a small passenger vessel (as defined in section 2101(35) [now 2101(45)] of title 46, United States Code) of not more than 40 feet overall in length."

[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. § 4307 (2024) — Title 46: SHIPPING / Chapter 43 / Section 4307: Prohibited acts
Prohibited acts
Status: in_force

(a) A person may not—

(1) manufacture, construct, assemble, sell or offer for sale, introduce or deliver for introduction into interstate commerce, or import into the United States, a recreational vessel, associated equipment, or component of the vessel or equipment unless—

(A)(i) it conforms with this chapter or a regulation prescribed under this chapter; and

(ii) it does not contain a defect which has been identified, in any communication to such person by the Secretary or the manufacturer of that vessel, equipment or component, as creating a substantial risk of personal injury to the public; or

(B) it is intended only for export and is so labeled, tagged, or marked on the recreational vessel or equipment, including any markings on the outside of the container in which it is to be exported;

(2) affix, attach, or display a seal, document, label, plate, insignia, or other device indicating or suggesting compliance with standards of the United States Government on, in, or in connection with, a recreational vessel or item of associated equipment that is false or misleading; or

(3) fail to provide a notification as required by this chapter or fail to exercise reasonable diligence in carrying out the notification and reporting requirements of this chapter.

(b) A person may not operate a vessel in violation of this chapter or a regulation prescribed under this chapter.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 531; Pub. L. 98–557, §8(a), Oct. 30, 1984, 98 Stat. 2862.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

4307(a) 
46:1461(a)

4307(b) 
46:1461(c)

Section 4307 prohibits certain acts in the manufacture and operation of recreational vessels.

Editorial Notes

Amendments

1984—Subsec. (a)(1)(A). Pub. L. 98–557 designated existing provisions as cl. (i), substituted "and" for "or", and added cl. (ii).
46 U.S.C. § 80505 (2024) — Title 46: SHIPPING / Chapter 805 / Section 80505: Enforcement
Enforcement
Status: in_force

(a) In General.—To enforce the Convention, this chapter, and regulations prescribed under this chapter, the Secretary of the department in which the Coast Guard is operating may—

(1) examine, or require to be examined, containers in international transport;

(2) approve designs for containers;

(3) inspect and test containers being manufactured;

(4) issue a detention order removing or excluding a container from service until the container owner satisfies the Secretary that the container meets the standards of the Convention, if the container—

(A) does not have a safety approval plate attached to it; or

(B) has a safety approval plate attached but there is significant evidence that the container is in a condition that creates an obvious risk to safety;

(5) take other appropriate action, including issuing necessary orders, to remove a container from service or restrict its use if the container is not in compliance with the Convention, this chapter, or regulations prescribed under this chapter, but does not present an obvious risk to safety; and

(6) allow a container found to be unsafe or without a safety approval plate to be moved to another location for repair or other disposition, under restrictions consistent with the intent of the Convention.

(b) Payment of Expenses.—

(1) Examination.—The owner of a container involved in an action by the Secretary under this section related to an examination of the container shall pay or reimburse the Secretary for the expenses arising from that action, except for the costs of routine examinations of the container or a safety approval plate.

(2) Testing, inspection, and initial approval.—The owner of a container submitted to the procedure established by the Secretary for testing, inspection, and initial approval, and the manufacturer of a container that submits a design to the procedure established by the Secretary for testing, inspection, and initial approval, shall pay or reimburse the Secretary for the expenses arising from the testing, inspection, or approval.

(3) Credit to appropriation.—Amounts received by the Secretary as reimbursement shall be credited to the appropriation for operations and support of the Coast Guard.

(c) Presumption Based on Safety Approval Plate.—A container bearing a safety approval plate authorized by a country that is a party to the Convention is presumed to be in a safe condition unless there is significant evidence that the container is in a condition that creates an obvious risk to safety.

(d) Notice of Orders.—

(1) In general.—When the Secretary issues a detention or other order under this section, the Secretary promptly shall notify in writing—

(A) the owner of the container;

(B) the owner's agent; or

(C) if the identity of the owner is not apparent from the container or shipping documents, the custodian.

(2) Information to include.—The notification shall identify the container involved, give the location of the container, and describe the condition or situation giving rise to the order.

(e) Duration of Orders.—An order issued by the Secretary under this section remains in effect until—

(1) the Secretary declares the container to be in compliance with the standards of the Convention; or

(2) the container is removed permanently from service.

(f) Notice of Defective Container to Country Issuing Safety Approval Plate.—If the Secretary has reason to believe that a container bearing a safety approval plate issued by another country was defective at the time of approval, the Secretary shall notify that country.

(Pub. L. 109–304, §11, Oct. 6, 2006, 120 Stat. 1695; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8513(b), Jan. 1, 2021, 134 Stat. 4761.)

Historical and Revision Notes

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

80505
46 App.:1504.
Pub. L. 95–208, §5, Dec. 13, 1977, 91 Stat. 1477; Pub. L. 97–249, §1(2), Sept. 8, 1982, 96 Stat. 708.

In subsection (a), before paragraph (1), the words "On and after the date the instrument of ratification is deposited by the United States in accordance with the provisions of article VII of the Convention" are omitted as obsolete. The words "and regulations prescribed under this chapter" are added for clarity. In paragraph (1), the words "new . . . and existing containers which are subject to this chapter" are omitted as obsolete. Paragraphs (2) and (3) are substituted for "test, inspect, and approve designs for new containers and new containers being manufactured" to eliminate unnecessary words. In paragraph (4), before subparagraph (A), the words "is subject to this chapter" are omitted as unnecessary. In subparagraph (A), the word "valid" is omitted as unnecessary. In paragraph (5), the words "or regulations prescribed under this chapter" are added for consistency. In paragraph (6), the word "valid" is omitted as unnecessary.

In subsection (b)(3), the words "appropriation for the operating expenses of the Coast Guard" are substituted for "appropriations bearing the cost thereof" for clarity.

In subsection (d)(2), the word "reasonably" is omitted as unnecessary.

In subsection (e), the words "which first occurs" are omitted as unnecessary. In paragraph (1), the words "the Secretary declares" are substituted for "is declared by the Secretary, or under regulations promulgated by the Secretary" to eliminate unnecessary words.

Editorial Notes

Amendments

2021—Subsec. (b)(3). Pub. L. 116–283 substituted "operations and support" for "operating expenses".
46 U.S.C. § 2115 (2024) — Title 46: SHIPPING / Chapter 21 / Section 2115: Civil penalty to enforce alcohol and dangerous drug testing
Civil penalty to enforce alcohol and dangerous drug testing
Status: in_force

Any person who fails to implement or conduct, or who otherwise fails to comply with the requirements prescribed by the Secretary for, chemical testing for dangerous drugs or for evidence of alcohol use, as prescribed under this subtitle or a regulation prescribed by the Secretary to carry out the provisions of this subtitle, is liable to the United States Government for a civil penalty of not more than $5,000 for each violation. Each day of a continuing violation shall constitute a separate violation.

(Added Pub. L. 104–324, title III, §303(a), Oct. 19, 1996, 110 Stat. 3917; amended Pub. L. 105–383, title III, §304(b), Nov. 13, 1998, 112 Stat. 3419.)

Editorial Notes

Amendments

1998—Pub. L. 105–383 substituted "$5,000" for "$1,000".
46 U.S.C. § 51702 (2024) — Title 46: SHIPPING / Chapter 517 / Section 51702: Civilian nautical schools
Civilian nautical schools
Status: in_force

(a) Definition.—In this section, the term "civilian nautical school" means a school operated in the United States (except the United States Merchant Marine Academy, a State maritime academy, or another school operated by the United States Government) that offers instruction to individuals quartered on a vessel primarily to train them for service in the merchant marine.

(b) Inspection.—Each civilian nautical school is subject to inspection by the Secretary of Transportation.

(c) Rating and Certification.—The Secretary may, under regulations the Secretary may prescribe, provide for the rating and certification of civilian nautical schools as to the adequacy of their course of instruction, the competence of their instructors, and the suitability of the equipment used in their course of instruction.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1582.)

Historical and Revision Notes

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

51702
46 App.:1295f.
June 29, 1936, ch. 858, title XIII, §1307, as added Pub. L. 96–453, §2, Oct. 15, 1980, 94 Stat. 2007; Pub. L. 98–89, §4(b), Aug. 26, 1983, 97 Stat. 603.

The text of 46 App. U.S.C. 1295f(d) is omitted because it apparently was intended to apply to former 46 App. U.S.C. 1295f(c), which was repealed in 1983.
46 U.S.C. § 11301 (2024) — Title 46: SHIPPING / Chapter 113 / Section 11301: Logbook and entry requirements
Logbook and entry requirements
Status: in_force

(a) Except a vessel on a voyage from a port in the United States to a port in Canada, a vessel of the United States shall have an official logbook if the vessel is—

(1) on a voyage from a port in the United States to a foreign port; or

(2) of at least 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 and is on a voyage between a port of the United States on the Atlantic Ocean and on the Pacific Ocean.

(b) The master of the vessel shall make or have made in the official logbook the following entries:

(1) each legal conviction of a seaman of the vessel and the punishment inflicted.

(2) each offense committed by a seaman of the vessel for which it is intended to prosecute or to enforce under a forfeiture, together with statements about reading the entry and the reply made to the charge as required by section 11502 of this title.

(3) each offense for which punishment is inflicted on board and the punishment inflicted.

(4) a statement of the conduct, character, and qualifications of each seaman of the vessel or a statement that the master declines to give an opinion about that conduct, character, and qualifications.

(5) each illness of or injury to a seaman of the vessel, the nature of the illness or injury, and the medical treatment.

(6) each death on board, with the cause of death, and if a seaman, the information required by section 10702 of this title.

(7) each birth on board, with the sex of the infant and name of the parents.

(8) each marriage on board, with the names and ages of the parties.

(9) the name of each seaman who ceases to be a crewmember (except by death), with the place, time, manner, and the cause why the seaman ceased to be a crewmember.

(10) the wages due to a seaman who dies during the voyage and the gross amount of all deductions to be made from the wages.

(11) the sale of the property of a seaman who dies during the voyage, including a statement of each article sold and the amount received for the property.

(12) when a marine casualty occurs, a statement about the casualty and the circumstances under which it occurred, made immediately after the casualty when practicable to do so.

(13) when a vessel fails to carry out ballast water management requirements as applicable and pursuant to regulations promulgated by the Secretary, including when the vessel fails to carry out ballast water management requirements due to an allowed safety exemption, a statement regarding the failure to comply and the circumstances under which the failure occurred, made immediately after the failure, when practicable to do so.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 581; Pub. L. 98–557, §30, Oct. 30, 1984, 98 Stat. 2875; Pub. L. 104–324, title VII, §742, Oct. 19, 1996, 110 Stat. 3942; Pub. L. 115–282, title IX, §903(d), Dec. 4, 2018, 132 Stat. 4357.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

11301 
46:201

Section 11301 requires United States vessels on certain types of voyages to have an official logbook and lists the types of entries that must be made in the logbook.

Editorial Notes

Amendments

2018—Subsec. (b)(13). Pub. L. 115–282 added par. (13).

1996—Subsec. (a)(2). 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".

1984—Subsec. (a). Pub. L. 98–557 amended subsec. (a) generally, which prior to amendment read as follows: "A vessel of the United States on a voyage between a port in the United States and a port in a foreign country, and a vessel of the United States of at least 75 gross tons on a voyage between a port of the United States on the Atlantic Ocean and a port of the United States on the Pacific Ocean, shall have an official logbook."
46 U.S.C. § 50502 (2024) — Title 46: SHIPPING / Chapter 505 / Section 50502: Applicability to receivers, trustees, successors, and assigns
Applicability to receivers, trustees, successors, and assigns
Status: in_force

This subtitle applies to receivers, trustees, successors, and assigns of any person to whom this subtitle applies.

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

Historical and Revision Notes

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

50502
46 App.:803.
Sept. 7, 1916, ch. 451, §2(d), 39 Stat. 729; June 5, 1920, ch. 250, §38, 41 Stat. 1008.
46 U.S.C. § 4702 (2024) — Title 46: SHIPPING / Chapter 47 / Section 4702: Abandonment of barge prohibited
Abandonment of barge prohibited
Status: in_force

An owner or operator of a barge may not abandon it on the navigable waters of the United States. A barge is deemed not to be abandoned if—

(1) it is located at a Federally- or State-approved mooring area;

(2) it is on private property with the permission of the owner of the property; or

(3) the owner or operator notifies the Secretary that the barge is not abandoned and the location of the barge.

(Added Pub. L. 102–587, title V, §5302, Nov. 4, 1992, 106 Stat. 5082; amended Pub. L. 109–304, §15(18), Oct. 6, 2006, 120 Stat. 1703.)

Editorial Notes

Amendments

2006—Pub. L. 109–304 struck out subsec. (a) designation before "An owner".
46 U.S.C. § 53911 (2024) — Title 46: SHIPPING / Chapter 539 / Section 53911: Civil actions for losses
Civil actions for losses
Status: in_force

(a) In General.—If there is a disagreement about a loss insured under this chapter, a civil action in admiralty may be brought against the United States in the district court of the United States for the district in which the plaintiff or the plaintiff's agent resides. If the plaintiff has no residence in the United States, the action may be brought in the United States District Court for the District of Columbia or in the district court for any district in which the Attorney General agrees to accept service. Any person who may have an interest in the insurance may be made a party, either initially or on the motion of either party.

(b) Exclusive Remedy.—A civil action against the United States under this section is exclusive of any other action by reason of the same subject matter against an officer, employee, or agent employed or retained by the Government under this chapter.

(c) Procedure.—A civil action under this section shall be heard and determined under chapter 309 of this title.

(d) Tolling of Limitations Period.—If a claim is filed with the Secretary of Transportation, the running of the limitations period for bringing a civil action is suspended until the Secretary denies the claim, and for 60 days thereafter. The Secretary is deemed to have denied the claim if the Secretary does not act on the claim within 6 months after the claim is filed, unless the Secretary for good cause shown agrees with the claimant on a different period for the Secretary to act on the claim.

(e) Interpleader.—If the Secretary acknowledges the indebtedness of the Government under the insurance and there is a dispute about the persons entitled to receive payment, the Government may bring a civil action interpleading those persons. The action shall be brought in the United States District Court for the District of Columbia or in the district court for the district in which any of those persons resides. A person not residing or found in the district may be made a party by service in any reasonable manner the court directs. If the court is satisfied that unknown persons might make a claim under the insurance, the court may direct service on those unknown persons by publication in the Federal Register. Judgment after service by publication in the Federal Register discharges the Government from further liability to all persons.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1631.)

Historical and Revision Notes

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

53911
46 App.:1292.
June 29, 1936, ch. 858, title XII, §1212, as added Sept. 7, 1950, ch. 906, 64 Stat. 776.
46 U.S.C. § 53310 (2024) — Title 46: SHIPPING / Chapter 533 / Section 53310: Obligation of deposits and period for construction of certain vessels
Obligation of deposits and period for construction of certain vessels
Status: in_force

(a) Application of Sections 53306 and 53309.—Sections 53306 and 53309 of this title apply to a deposit in a construction reserve fund only if, within 3 years after the date of the deposit (and any extension under subsection (c))—

(1)(A) a contract is made for the construction or acquisition of a new vessel or, with the approval of the Secretary of Transportation, for a part interest in a new vessel or for the reconstruction or reconditioning of a new vessel;

(B) the deposit is expended or obligated for expenditure under that contract;

(C) at least 12.5 percent of the construction or contract price of the vessel is paid or irrevocably committed for payment; and

(D) the plans and specifications for the vessel are approved by the Secretary to the extent the Secretary considers necessary; or

(2) the deposit is expended or obligated for expenditure for the liquidation of existing or subsequently incurred purchase-money indebtedness to a person not a parent company of, or a company affiliated or associated with, the mortgagor on a new vessel.

(b) Additional Requirements for Certain Vessels.—In addition to the requirements of subsection (a)(1), for a vessel not constructed under a construction-differential subsidy contract or not bought from the Secretary of Transportation—

(1) at least 5 percent of the construction (or, if the contract covers more than one vessel, at least 5 percent of the construction of the first vessel) must be completed within 6 months after the date of the construction contract (or within the period of an extension under subsection (c)), as estimated by the Secretary and certified by the Secretary to the Secretary of the Treasury; and

(2) construction under the contract must be completed with reasonable dispatch thereafter.

(c) Extensions.—The Secretary of Transportation may grant extensions of the period within which the deposits must be expended or obligated or within which the construction must have progressed to the extent of 5 percent completion under this section. However, the extensions may not be for a total of more than 2 years for the expenditure or obligation of deposits or one year for the progress of construction.

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

Historical and Revision Notes

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

53310(a)
46 App.:1161(g) (less (1)(B)).
June 29, 1936, ch. 858, title V, §511(g), (h), as added Oct. 10, 1940, ch. 849, 54 Stat. 1107; June 17, 1943, ch. 130, subdivs. (c), (d), 57 Stat. 158; July 17, 1952, ch. 939, §§12, 13(a), 66 Stat. 763; Pub. L. 86–237, §1, Sept. 8, 1959, 73 Stat. 471; Pub. L. 87–303, §3, Sept. 26, 1961, 75 Stat. 661; Pub. L. 87–782, §1, Oct. 10, 1962, 76 Stat. 796; Pub. L. 88–227, §1, Dec. 23, 1963, 77 Stat. 470; Pub. L. 88–595, §1, Sept. 12, 1964, 78 Stat. 943; Pub. L. 97–31, §12(92), Aug. 6, 1981, 95 Stat. 161.

53310(b)
46 App.:1161(g)(1)(B).

53310(c)
46 App.:1161(h).

In this section, the language about joint regulations in 46 App. U.S.C. 1161(g) and (h) is omitted as unnecessary because of section 53302(b) of the revised title.

In subsection (a), the words "(i) two years from the date of deposit or the date of any extension thereof which may be granted by the Secretary of Transportation pursuant to the provisions of subsection (h) of this section, in the case of deposits made prior to the date on which these amendatory provisions become effective, or" in 46 App. U.S.C. 1161(g)(1) and (2) are omitted as obsolete. In paragraph (1)(A), the words "or, with the approval of the Secretary of Transportation, for a part interest in a new vessel or for the reconstruction or reconditioning of a new vessel" are substituted for "(or in the discretion of the Secretary of Transportation, for a part interest therein), or, with the approval of the Secretary of Transportation, for the reconstruction or reconditioning of a new vessel or vessels" to eliminate unnecessary words.

In subsection (c), the proviso in 46 App. U.S.C. 1161(h) is omitted as obsolete.
46 U.S.C. § 30705 (2024) — Title 46: SHIPPING / Chapter 307 / Section 30705: Seaworthiness
Seaworthiness
Status: in_force

(a) Prohibition.—A carrier may not insert in a bill of lading or shipping document a provision lessening or avoiding its obligation to exercise due diligence to—

(1) make the vessel seaworthy; and

(2) properly man, equip, and supply the vessel.

(b) Voidness.—A provision described in subsection (a) 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)

30705
46 App.:191.
Feb. 13, 1893, ch. 105, §2, 27 Stat. 445.

In subsection (a), before paragraph (1), the words "transporting merchandise or property from or between ports of the United States of America 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", the word "provision" is substituted for "covenant or agreement", and the words "lessening or avoiding its obligation" are substituted for "whereby the obligations . . . shall in any wise be lessened, weakened, or avoided", to eliminate unnecessary words.

In paragraph (1), the words "and capable of performing her intended voyage" are omitted as unnecessary.

In paragraph (2), the word "supply" is substituted for "provision, and outfit" to eliminate unnecessary words.

The words "or whereby the obligations of the master, officers, agents, or servants to carefully handle and stow her cargo and to care for and properly deliver same" are omitted as covered by section 30704 of the revised title.

Subsection (b) is added for clarity and for consistency with section 30704 of the revised title.
46 U.S.C. § 6308 (2024) — Title 46: SHIPPING / Chapter 63 / Section 6308: Information barred in legal proceedings
Information barred in legal proceedings
Status: in_force

(a) Notwithstanding any other provision of law, no part of a report of a marine casualty investigation conducted under section 6301 of this title, including findings of fact, opinions, recommendations, deliberations, or conclusions, shall be admissible as evidence or subject to discovery in any civil or administrative proceedings, other than an administrative proceeding initiated by the United States.

(b) Any member or employee of the Coast Guard investigating a marine casualty pursuant to section 6301 of this title shall not be subject to deposition or other discovery, or otherwise testify in such proceedings relevant to a marine casualty investigation, without the permission of the Secretary. The Secretary shall not withhold permission for such employee or member to testify, either orally or upon written questions, on solely factual matters at a time and place and in a manner acceptable to the Secretary if the information is not available elsewhere or is not obtainable by other means.

(c) Nothing in this section prohibits the United States from calling the employee or member as an expert witness to testify on its behalf. Further, nothing in this section prohibits the employee or member from being called as a fact witness in any case in which the United States is a party. If the employee or member is called as an expert or fact witness, the applicable Federal Rules of Civil Procedure govern discovery. If the employee or member is called as a witness, the report of a marine casualty investigation conducted under section 6301 of this title shall not be admissible, as provided in subsections (a) and (b), and shall not be considered the report of an expert under the Federal Rules of Civil Procedure.

(d) The information referred to in subsections (a), (b), and (c) of this section shall not be considered an admission of liability by the United States or by any person referred to in those conclusions and statements.

(Added Pub. L. 104–324, title III, §313(a), Oct. 19, 1996, 110 Stat. 3921; amended Pub. L. 109–241, title IX, §902(e)(2), formerly §902(e)(2)–(4), July 11, 2006, 120 Stat. 567, renumbered §902(e)(2) and amended Pub. L. 111–281, title IX, §903(a)(5)(B)–(7), Oct. 15, 2010, 124 Stat. 3010.)

Editorial Notes

References in Text

The Federal Rules of Civil Procedure, referred to in subsec. (c), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

Amendments

2010—Subsecs. (c), (d). Pub. L. 111–281 made technical amendment to directory language of Pub. L. 109–241, §902(e). See 2006 Amendment notes below.

2006—Subsec. (a). Pub. L. 109–241, §902(e)(2)(B), added subsec. (a) and struck out former subsec. (a) which read as follows: "Notwithstanding any other provision of law, no part of a report of a marine casualty investigation conducted under section 6301 of this title, including findings of fact, opinions, recommendations, deliberations, or conclusions, shall be admissible as evidence or subject to discovery in any civil or administrative proceedings, other than an administrative proceeding initiated by the United States. Any employee of the Department of Transportation, and any member of the Coast Guard, investigating a marine casualty pursuant to section 6301 of this title, shall not be subject to deposition or other discovery, or otherwise testify in such proceedings relevant to a marine casualty investigation, without the permission of the Secretary of Transportation. The Secretary shall not withhold permission for such employee or member to testify, either orally or upon written questions, on solely factual matters at a time and place and in a manner acceptable to the Secretary if the information is not available elsewhere or is not obtainable by other means."

Subsec. (b). Pub. L. 109–241, §902(e)(2)(B), added subsec. (b). Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 109–241, §902(e)(2)(A), (C), formerly §902(e)(2)(A), (3), renumbered §902(e)(2)(A), (C) and amended Pub. L. 111–281, §903(a)(5)(B), (C), (6), redesignated subsec. (b) as (c) and substituted "subsections (a) and (b)" for "subsection (a)". Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 109–241, §902(e)(2)(A), (D), formerly §902(e)(2)(A), (4), renumbered §902(e)(2)(A), (D) and amended Pub. L. 111–281, §903(a)(5)–(7), redesignated subsec. (c) as (d) and substituted "subsections (a), (b), and (c)" for "subsections (a) and (b)".

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)(B)–(7), is effective with enactment of Pub. L. 109–241.
46 U.S.C. § 2306 (2024) — Title 46: SHIPPING / Chapter 23 / Section 2306: Vessel reporting requirements
Vessel reporting requirements
Status: in_force

(a)(1) An owner, charterer, managing operator, or agent of a vessel of the United States, having reason to believe (because of lack of communication with or nonappearance of a vessel or any other incident) that the vessel may have been lost or imperiled, immediately shall—

(A) notify the Coast Guard; and

(B) use all available means to determine the status of the vessel.

(2) When more than 48 hours have passed since the owner, charterer, managing operator, or agent of a vessel required to report to the United States Flag Merchant Vessel Location Filing System under authority of section 50113 of this title has received a communication from the vessel, the owner, charterer, managing operator, or agent immediately shall—

(A) notify the Coast Guard; and

(B) use all available means to determine the status of the vessel.

(3) An owner, charterer, managing operator, or agent of a vessel of the United States notifying the Coast Guard under paragraph (1) or (2) shall—

(A) provide the name and identification number of the vessel, the names of individuals on board, and other information that may be requested by the Coast Guard; and

(B) submit written confirmation to the Coast Guard within 24 hours after nonwritten notification to the Coast Guard under such paragraphs.

(4) An owner, charterer, managing operator, or agent violating this subsection is liable to the United States Government for a civil penalty of not more than $5,000 for each day during which the violation occurs.

(b)(1) The master of a vessel of the United States required to report to the System shall report to the owner, charterer, managing operator, or agent at least once every 48 hours.

(2) A master violating this subsection is liable to the Government for a civil penalty of not more than $1,000 for each day during which the violation occurs.

(c) The Secretary may prescribe regulations to carry out this section.

(Added Pub. L. 98–498, title II, §212(a)(3), Oct. 19, 1984, 98 Stat. 2305; amended Pub. L. 109–304, §15(9), Oct. 6, 2006, 120 Stat. 1703; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8505(b)(2), Jan. 1, 2021, 134 Stat. 4751.)

Editorial Notes

Amendments

2021—Subsec. (a)(3). Pub. L. 116–283 amended par. (3) generally. Prior to amendment, par. (3) read as follows: "A person notifying the Coast Guard under paragraph (1) or (2) of this subsection shall provide the name and identification number of the vessel, the names of individuals on board, and other information that may be requested by the Coast Guard. The owner, charterer, managing operator, or agent also shall submit written confirmation to the Coast Guard within 24 hours after nonwritten notification to the Coast Guard under those paragraphs."

2006—Subsec. (a)(2). Pub. L. 109–304 substituted "section 50113 of this title" for "section 212(A) of the Merchant Marine Act, 1936 (46 App. U.S.C. 1122a),".

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 98–498, title II, §214, Oct. 19, 1984, 98 Stat. 2306, provided that: "Sections 211(a) and 212 of this subtitle [enacting this section and amending sections 2302, 3309, 6101, and 6103 of this title] are effective one hundred and eighty days after the date of enactment of this Act [Oct. 19, 1984]."

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. § 60307 (2024) — Title 46: SHIPPING / Chapter 603 / Section 60307: Vessels engaged in coastwise trade or the fisheries
Vessels engaged in coastwise trade or the fisheries
Status: in_force

A vessel with a registry endorsement or a coastwise endorsement, trading from one port in the United States to another port in the United States or employed in the bank, whale, or other fisheries, is exempt from tonnage taxes and light money.

(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)

60307
46 App.:122.
R.S. §4220.

The words "with a registry endorsement or a coastwise endorsement" are substituted for "if such vessel be licensed, registered, or enrolled" for consistency with chapter 121 of the revised title. The words "belonging to any citizen of the United States" are omitted as unnecessary because, under chapter 121 as amended by this bill, ownership by a citizen of the United States is a requirement for documentation. The words "and light money" are added for clarity and consistency. See 19 C.F.R. §4.21 (2003).
46 U.S.C. § 12116 (2024) — Title 46: SHIPPING / Chapter 121 / Subchapter II / Section 12116: Limited endorsements for Guam, American Samoa, and Northern Mariana Islands
Limited endorsements for Guam, American Samoa, and Northern Mariana Islands
Status: in_force

(a) Endorsements.—A vessel satisfying the requirements of subsection (b) may be issued—

(1) a coastwise endorsement to engage in the coastwise trade of fisheries products between places in Guam, American Samoa, and the Northern Mariana Islands; or

(2) a fishery endorsement to engage in fishing in the territorial sea and fishery conservation zone adjacent to Guam, American Samoa, and the Northern Mariana Islands.

(b) Requirements.—An endorsement may be issued under subsection (a) for a vessel that—

(1) satisfies the requirements of section 12103 of this title;

(2) was not built in the United States, except that for an endorsement under subsection (a)(2), the vessel must not have been built or rebuilt in the United States;

(3) is less than 200 gross tons as measured under section 14502 of this title, or an alternate tonnage as measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title; and

(4) otherwise qualifies under the laws of the United States to engage in the coastwise trade or the fisheries, as the case may be.

(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)

12116
46:12106(c).

 
46:12108(c).

Editorial Notes

Prior Provisions

A prior section 12116, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 589, originally derived from section 65f of former Title 46, Shipping, related to numbers, signal letters, and identification markings, prior to being repealed by Pub. L. 100–710, title I, §§106(b)(5), 107(a), Nov. 23, 1988, 102 Stat. 4752, effective Jan. 1, 1989.

Executive Documents

Territorial Sea of United States

For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands.
46 U.S.C. § 40703 (2024) — Title 46: SHIPPING / Chapter 407 / Section 40703: Effective date of rates
Effective date of rates
Status: in_force

Notwithstanding section 40501(e) of this title and except for service contracts, a rate, charge, classification, rule, or regulation of a controlled carrier may not become effective, without special permission of the Federal Maritime Commission, until the 30th day after publication.

(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1536.)

Historical and Revision Notes

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

40703
46 App.:1708(c) (1st sentence).
Pub. L. 98–237, §9(c) (1st sentence), Mar. 20, 1984, 98 Stat. 76; Pub. L. 102–100, §5(b), Aug. 17, 1991, 105 Stat. 492; Pub. L. 105–258, title I, §108(8), Oct. 14, 1998, 112 Stat. 1908.
46 U.S.C. § 31328 (2024) — Title 46: SHIPPING / Chapter 313 / Subchapter II / Section 31328: Repealed. Pub. L. 104-324, title XI, §1113(b)(1), Oct. 19, 1996, 110 Stat. 3970
Repealed. Pub. L. 104-324, title XI, §1113(b)(1), Oct. 19, 1996, 110 Stat. 3970
Status: repealed

[§31328. Repealed. Pub. L. 104–324, title XI, §1113(b)(1), Oct. 19, 1996, 110 Stat. 3970]

Section, Pub. L. 100–710, title I, §102(c), Nov. 23, 1988, 102 Stat. 4746, related to limitations on parties serving as trustees of mortgaged vessel interests.
46 U.S.C. § 53733 (2024) — Title 46: SHIPPING / Chapter 537 / Subchapter III / Section 53733: Shipyard modernization and improvement
Shipyard modernization and improvement
Status: in_force

(a) Definitions.—In this section:

(1) Advanced shipbuilding technology.—The term "advanced shipbuilding technology" includes—

(A) numerically controlled machine tools, robots, automated process control equipment, computerized flexible manufacturing systems, associated computer software, and other technology for improving shipbuilding and related industrial production that advance the state-of-the-art; and

(B) novel techniques and processes designed to improve shipbuilding quality, productivity, and practice, and to promote sustainable development, including engineering design, quality assurance, concurrent engineering, continuous process production technology, energy efficiency, waste minimization, design for recyclability or parts reuse, inventory management, upgraded worker skills, and communications with customers and suppliers.

(2) General shipyard facility.—The term "general shipyard facility" means—

(A) for operations on land—

(i) a structure or appurtenance thereto designed for the construction, reconstruction, repair, rehabilitation, or refurbishment of a vessel, including a graving dock, building way, ship lift, wharf, or pier crane;

(ii) the land necessary for the structure or appurtenance; and

(iii) equipment that is for use with the structure or appurtenance and that is necessary for performing a function referred to in clause (i); and

(B) for operations not on land, a vessel, floating drydock, or barge built in the United States and used for, equipped to be used for, or of a type normally used for, performing a function referred to in subparagraph (A)(i).

(3) Modern shipbuilding technology.—The term "modern shipbuilding technology" means the best available proven technology, techniques, and processes appropriate to enhancing the productivity of shipyards.

(b) General Authority.—Under subchapter I of this chapter, the Administrator may guarantee or make a commitment to guarantee the payment of the principal of and interest on an obligation for advanced shipbuilding technology and modern shipbuilding technology of a general shipyard facility in the United States. Only a private shipyard is eligible to receive a guarantee.

(c) Applicability of Other Provisions.—Except as otherwise provided in this section, a guarantee or commitment to guarantee under this section is subject to all the provisions applicable to a guarantee or commitment to guarantee under subchapter I of this chapter.

(d) Amount of Obligation.—The principal amount of an obligation guaranteed under this chapter may not exceed 87.5 percent of the actual cost of the advanced shipbuilding technology or modern shipbuilding technology.

(e) Transfer of Amounts.—The Administrator may accept the transfer of amounts from a department, agency, or instrumentality of the United States Government and may use those amounts to cover the cost (as defined in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a)) of making guarantees or commitments to guarantee under this section.

(f) Buy America.—Part I of subtitle A of title IX of division G of the Infrastructure Investment and Jobs Act (Public Law 117–58; 41 U.S.C. 8301 note) shall apply to any funds obligated by the Administrator under this section.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1623; Pub. L. 109–163, div. C, title XXXV, §3507(a)(2)(K), Jan. 6, 2006, 119 Stat. 3555; Pub. L. 110–181, div. C, title XXXV, §3522(a)(9)(F), (b), Jan. 28, 2008, 122 Stat. 598; Pub. L. 118–159, div. C, title XXXV, §3536, Dec. 23, 2024, 138 Stat. 2315.)

Historical and Revision Notes

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

53733(a)
46 App.:1279e(d).
June 29, 1936, ch. 858, title XI, §1112, as added Pub. L. 103–160, div. A, title XIII, §1357(a), Nov. 30, 1993, 107 Stat. 1814.

53733(b)
46 App.:1279e(a).

 
46 App.:1280a.
Pub. L. 103–160, title XIII, §1358, Nov. 30, 1993, 107 Stat. 1816.

53733(c)
46 App.:1279e(b) (words before "except").

53733(d)
46 App.:1279e(b) (words beginning with "except").

53733(e)
46 App.:1279e(c).

In subsection (a)(2)(A)(i), the words "(as defined in title 1)" are omitted as unnecessary because chapter 1 of the revised title contains a title-wide definition of "vessel" that incorporates the definition in title 1, United States Code.

In subsection (b), the words "and subject to the terms the Secretary shall be prescribe" are omitted as unnecessary because section 53702(a) of the revised title provides the Secretary authority to prescribe the terms. The words "Only a private shipyard is eligible to receive a guarantee" are substituted for 46 App. U.S.C. 1280a to eliminate unnecessary words.

Editorial Notes

Amendments

2024—Subsec. (f). Pub. L. 118–159 added subsec. (f).

2008—Pub. L. 110–181, §3522(b), repealed Pub. L. 109–163, §3507(a)(2)(K). See 2006 Amendment note below.

Subsecs. (b), (e). Pub. L. 110–181, §3522(a)(9)(F), incorporated the substance of the amendment by Pub. L. 109–163, §3507(a)(2)(K), into this section by substituting "Administrator" for "Secretary". See 2006 Amendment note below and section 18(a) of Pub. L. 109–304, set out as a Legislative Purpose and Construction note preceding section 101 of this title.

2006—Pub. L. 109–163, §3507(a)(2)(K), which directed the amendment of section 1279e of the former Appendix to this title from which this section was derived, was repealed by Pub. L. 110–181, §3522(b). See 2008 Amendment note for subsecs. (b), (e) and Historical and Revision notes above.
46 U.S.C. § 60310 (2024) — Title 46: SHIPPING / Chapter 603 / Section 60310: Vessels making daily trips on interior waters
Vessels making daily trips on interior waters
Status: in_force

A vessel making regular daily trips between a port of the United States and a port of Canada only on interior waters not navigable to the ocean is exempt from tonnage taxes and light money, except on its first clearing each year.

(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)

60310
46 App.:125.
R.S. §4221.

The words "is exempt from tonnage taxes" are substituted for "no tonnage fees shall be charged" for consistency in the revised chapter. The words "and light money" are added for clarity and consistency. See 19 C.F.R. §4.21 (2003). The words "by the officers of the United States" are omitted as unnecessary.
46 U.S.C. § 53509 (2024) — Title 46: SHIPPING / Chapter 535 / Section 53509: Qualified withdrawals
Qualified withdrawals
Status: in_force

(a) In General.—Subject to subsection (b), a withdrawal from a capital construction fund is a qualified withdrawal if it is made under the terms of the agreement and is for—

(1) the acquisition, construction, or reconstruction of a qualified vessel or a barge or container that is part of the complement of a qualified vessel; or

(2) the payment of the principal on indebtedness incurred in the acquisition, construction, or reconstruction of a qualified vessel or a barge or container that is part of the complement of a qualified vessel.

(b) Barges and Containers.—Except as provided in regulations prescribed by the Secretary, subsection (a) applies to a barge or container only if it is constructed in the United States.

(c) Treatment as Nonqualified Withdrawal.—Under joint regulations, if the Secretary determines that a substantial obligation under an agreement is not being fulfilled, the Secretary, after notice and opportunity for a hearing to the person maintaining the fund, may treat any amount in the fund as an amount withdrawn from the fund in a nonqualified withdrawal.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1596.)

Historical and Revision Notes

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

53509
46 App.:1177(f).
June 29, 1936, ch. 858, title VI, §607(f), 49 Stat. 2005; June 23, 1938, ch. 600, §§23–28, 52 Stat. 960; Aug. 4, 1939, ch. 417, §10, 53 Stat. 1185; July 17, 1952, ch. 939, §§17–19, 66 Stat. 764; Pub. L. 85–637, Aug. 14, 1958, 72 Stat. 216; Pub. L. 86–518, §1, June 12, 1960, 74 Stat. 216; Pub. L. 87–45, §6, May 27, 1961, 75 Stat. 91; Pub. L. 87–271, Sept. 21, 1961, 75 Stat. 570; restated Pub. L. 91–469, §21(a), Oct. 21, 1970, 84 Stat. 1029; Pub. L. 97–31, §12(97)(A), Aug. 6, 1981, 95 Stat. 162.

In subsection (c), the words "any amount in the fund" are substituted for "the entire fund or any portion thereof" to eliminate unnecessary words.
46 U.S.C. § 3503 (2024) — Title 46: SHIPPING / Chapter 35 / Section 3503: Fire-retardant materials
Fire-retardant materials
Status: in_force

(a)(1) A passenger vessel of the United States having berth or stateroom accommodations for at least 50 passengers shall be granted a certificate of inspection only if—

(A) the vessel is constructed of fire-retardant materials; and

(B) the vessel—

(i) is operating engines, boilers, main electrical distribution panels, fuel tanks, oil tanks, and generators that meet current Coast Guard regulations; and

(ii) is operating boilers and main electrical generators that are contained within noncombustible enclosures equipped with fire suppression systems.

(2) Before December 1, 2028, this subsection does not apply to any vessel in operation before January 1, 1968, and operating only within the Boundary Line.

(b)(1) The owner or managing operator of an exempted vessel described in subsection (a)(2) shall—

(A) notify in writing prospective passengers, prior to purchase, and each crew member that the vessel does not comply with applicable fire safety standards due primarily to the wooden construction of passenger berthing areas;

(B) display in clearly legible font prominently throughout the vessel, including in each state room the following: "THIS VESSEL FAILS TO COMPLY WITH SAFETY RULES AND REGULATIONS OF THE U.S. COAST GUARD.";

(C) acquire prior to the vessel entering service, and maintain, liability insurance in an amount to be prescribed by the Federal Maritime Commission;

(D) make annual structural alteration to not less than 10 percent of the areas of the vessel that are not constructed of fire retardant materials;

(E) prioritize alterations in galleys, engineering areas of the vessel, including all spaces and compartments containing, or adjacent to spaces and compartments containing, engines, boilers, main electrical distribution panels, fuel tanks, oil tanks, and generators;

(F) ensure, to the satisfaction of the Secretary, that the combustible fire-load has been reduced pursuant to subparagraph (D) during each annual inspection for certification;

(G) ensure the vessel has multiple forms of egress off the vessel's bow and stern;

(H) provide advance notice to the Coast Guard regarding the structural alterations made pursuant to subparagraph (D) and comply with any noncombustible material requirements prescribed by the Coast Guard;

(I) annually notify all ports of call and State emergency management offices of jurisdiction that the vessel does not comply with the requirement under subsection (a)(1);

(J) provide crewmembers manning such vessel shipboard training that—

(i) is specialized for exempted vessels;

(ii) exceeds requirements related to standards for firefighting training under chapter I of title 46, Code of Federal Regulations, as in effect on October 1, 2017; and

(iii) is approved by the Coast Guard; and

(K) to the extent practicable, take all steps to retain previously trained crew knowledgeable of such vessel or to hire crew trained in operations aboard exempted vessels.

(2) The owner or managing operator of an exempted vessel described in subsection (a)(2) may not disclaim liability to a passenger or crew member of such vessel for death, injury, or any other loss caused by fire due to the negligence of the owner or managing operator.

(3) The Secretary shall—

(A) conduct an annual audit and inspection of each exempted vessel described in subsection (a)(2);

(B) in implementing subparagraph (b)(1)(F), consider, to the extent practicable, the goal of preservation of the historic integrity of such vessel in areas carrying or accessible to passengers or generally visible to the public; and

(C) prescribe regulations to carry out this section, including to prescribe the manner in which prospective passengers are to be notified under paragraph (1)(A).

(4) The penalties provided in section 3504(c) of this title shall apply to a violation of this subsection.

(c) In addition to otherwise applicable penalties, the Secretary may immediately withdraw a certificate of inspection for an exempted vessel described in subsection (a)(2) that does not comply with any requirement under subsection (b).

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 519; Pub. L. 99–307, §1(7)(A), May 19, 1986, 100 Stat. 445; Pub. L. 102–241, §20, Dec. 19, 1991, 105 Stat. 2216; Pub. L. 104–324, title XI, §1133, Oct. 19, 1996, 110 Stat. 3985; Pub. L. 115–282, title VIII, §834, Dec. 4, 2018, 132 Stat. 4318.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

3503 
46:369(b)

Section 3503 requires the use of fire retardant materials on a vessel having berthing facilities for at least 50 passengers. This requirement in the case of vessels engaged in foreign trade is consistent with our international treaty obligations, which impose extensive and additional fire safety standards. A waiver that grandfathers existing inland river passenger vessels is also included.

Editorial Notes

Amendments

2018—Pub. L. 115–282 amended section generally. Prior to amendment, text read as follows:

"(a) A passenger vessel of the United States having berth or stateroom accommodations for at least 50 passengers shall be granted a certificate of inspection only if the vessel is constructed of fire-retardant materials. Before November 1, 2008, this section does not apply to any vessel in operation before January 1, 1968, and operating only within the Boundary Line.

"(b)(1) When a vessel is exempted from the fire-retardant standards of this section—

"(A) the owner or managing operator of the vessel shall notify prospective passengers that the vessel does not comply with applicable fire safety standards due primarily to the wooden construction of passenger berthing areas;

"(B) the owner or managing operator of the vessel may not disclaim liability to a passenger for death, injury, or any other loss caused by fire due to the negligence of the owner or managing operator;

"(C) the penalties provided in section 3504(c) of this title apply to a violation of this subsection; and

"(D) the owner or managing operator of the vessel shall notify the Coast Guard of structural alterations to the vessel, and with regard to those alterations comply with any noncombustible material requirements that the Coast Guard prescribes for nonpublic spaces. Coast Guard requirements shall be consistent with preservation of the historic integrity of the vessel in areas carrying or accessible to passengers or generally visible to the public.

"(2) The Secretary shall prescribe regulations under this subsection on the manner in which prospective passengers are to be notified."

1996—Subsec. (a). Pub. L. 104–324 substituted "Before November 1, 2008, this section does not apply to any vessel in operation before January 1, 1968, and operating only within the Boundary Line." for "Before November 1, 1998, this section does not apply to a vessel in operation before January 1, 1968, and operating only on the inland rivers."

1991—Subsec. (a). Pub. L. 102–241, §20(1), substituted "1998" for "1993".

Subsec. (b)(1)(D). Pub. L. 102–241, §20(2), added subpar. (D).

1986—Pub. L. 99–307 designated existing provision as subsec. (a), substituted "November 1, 1993" for "November 1, 1988" and inserted "in operation before January 1, 1968, and" after "to a vessel", and added subsec. (b).

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.

Notification to Prospective Passengers of Noncompliance With Fire-Retardant Standards

Pub. L. 99–307, §1(7)(B), May 19, 1986, 100 Stat. 445, required notification to prospective passengers of a vessel's noncompliance with certain standards until regulations became effective.
46 U.S.C. § 8108 (2024) — Title 46: SHIPPING / Chapter 81 / Section 8108: Repealed. Pub. L. 115-282, title VI, §601(c)(3)(A), Dec. 4, 2018, 132 Stat. 4289
Repealed. Pub. L. 115-282, title VI, §601(c)(3)(A), Dec. 4, 2018, 132 Stat. 4289
Status: repealed

[§8108. Repealed. Pub. L. 115–282, title VI, §601(c)(3)(A), Dec. 4, 2018, 132 Stat. 4289]

Section, added Pub. L. 113–281, title III, §310(a), Dec. 18, 2014, 128 Stat. 3045; amended Pub. L. 115–232, div. C, title XXXV, §3541(b)(14), Aug. 13, 2018, 132 Stat. 2323, established the Merchant Marine Personnel Advisory Committee. See section 15103 of this title.
46 U.S.C. § 53208 (2024) — Title 46: SHIPPING / Chapter 532 / Section 53208: Regulatory relief
Regulatory relief
Status: in_force

The telecommunications and other electronic equipment on an existing vessel that is redocumented under the laws of the United States for operation under an Operating Agreement under this chapter shall be deemed to satisfy all Federal Communication Commission equipment certification requirements, if—

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

(2) that country has not been identified by the Secretary of the Department in which the Coast Guard is operating as inadequately enforcing international regulations as to that vessel; and

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

(Added Pub. L. 116–92, div. C, title XXXV, §3521(a), Dec. 20, 2019, 133 Stat. 1997.)
46 U.S.C. § 44106 (2024) — Title 46: SHIPPING / Chapter 441 / Section 44106: Conduct of proceedings
Conduct of proceedings
Status: in_force

Part A of this subtitle applies to proceedings conducted by the Federal Maritime Commission under this chapter.

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

Historical and Revision Notes

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

44106
46 App.:817d(d).
Pub. L. 89–777, §§2(d), 3(d), Nov. 6, 1966, 80 Stat. 1357, 1358; Pub. L. 104–324, title VII, §746(c), Oct. 19, 1996, 110 Stat. 3943.

 
46 App.:817e(d).

The authority to prescribe regulations is omitted as unnecessary because it is already provided by section 305 of the revised title.
46 U.S.C. § 53504 (2024) — Title 46: SHIPPING / Chapter 535 / Section 53504: Deposits and withdrawals
Deposits and withdrawals
Status: in_force

(a) Required Deposits.—An agreement to establish a capital construction fund shall provide for the deposit in the fund of the amounts agreed to be appropriate to provide for qualified withdrawals under section 53509 of this title.

(b) Applicable Requirements.—Deposits in and withdrawals from the fund are subject to the requirements included in the agreement or prescribed by the Secretary by regulation. However, the Secretary may not require a person to deposit in the fund for a taxable year more than 50 percent of that portion of the person's taxable income for that year (as determined under section 53505(a)(1) of this title) that is attributable to the operation of an agreement vessel.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1593.)

Historical and Revision Notes

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

53504(a)
46 App.:1177(a) (2d sentence related to deposits).
June 29, 1936, ch. 858, title VI, §607(a) (2d sentence related to deposits), (last sentence), 49 Stat. 2005; June 23, 1938, ch. 600, §§23–28, 52 Stat. 960; Aug. 4, 1939, ch. 417, §10, 53 Stat. 1185; July 17, 1952, ch. 939, §§17–19, 66 Stat. 764; Pub. L. 85–637, Aug. 14, 1958, 72 Stat. 216; Pub. L. 86–518, §1, June 12, 1960, 74 Stat. 216; Pub. L. 87–45, §6, May 27, 1961, 75 Stat. 91; Pub. L. 87–271, Sept. 21, 1961, 75 Stat. 570; restated Pub. L. 91–469, §21(a), Oct. 21, 1970, 84 Stat. 1026; Pub. L. 97–31, §12(97)(A), Aug. 6, 1981, 95 Stat. 162.

53504(b)
46 App.:1177(a) (last sentence).

In subsection (a), the words "agreed to be appropriate" are substituted for "agreed upon as necessary or appropriate" to eliminate unnecessary words.
46 U.S.C. § 53301 (2024) — Title 46: SHIPPING / Chapter 533 / Section 53301: Definitions
Definitions
Status: in_force

(a) In General.—In this chapter:

(1) Construction contract.—The term "construction contract" includes, for a taxpayer constructing a new vessel in a shipyard owned by that taxpayer, an agreement between the taxpayer and the Secretary of Transportation for that construction containing provisions the Secretary considers advisable to carry out this chapter.

(2) New vessel.—The term "new vessel" means—

(A) a vessel—

(i) constructed in the United States after December 31, 1939, constructed with a construction-differential subsidy under title V of the Merchant Marine Act, 1936, or constructed with financing or a financing guarantee under chapter 537 or 575 of this title;

(ii) documented or agreed with the Secretary to be documented under the laws of the United States; and

(iii)(I) of a type, size, and speed that the Secretary determines is suitable for use on the high seas or Great Lakes in carrying out this subtitle, but not less than 2,000 gross tons or less than 12 knots speed unless the Secretary certifies in each case that a vessel of lesser tonnage or speed is desirable for use by the United States Government in case of war or national emergency; or

(II) constructed to replace a vessel bought or requisitioned by the Government; and

(B) a vessel reconstructed or reconditioned for use only on the Great Lakes, including the Saint Lawrence River and Gulf, if the Secretary finds that the reconstruction or reconditioning will promote the objectives of this subtitle.

(b) Additional Tax-Related Terms.—Other terms used in this chapter have the same meaning as in chapter 1 of the Internal Revenue Code of 1986 (26 U.S.C. ch. 1).

(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)

53301(a)(1)
46 App.:1161(n).
June 29, 1936, ch. 858, title V, §511(n), as added Dec. 23, 1944, ch. 714, §2, 58 Stat. 920; Pub. L. 97–31, §12(92)(A), Aug. 6, 1981, 95 Stat. 161.

53301(a) (2)(A)
46 App.:1161(a).
June 29, 1936, ch. 858, title V, §511(a), as added Oct. 10, 1940, ch. 849, 54 Stat. 1106; Pub. L. 97–31, §12(92)(A), Aug. 6, 1981, 95 Stat. 161.

53301(a) (2)(B)
46 App.:1161(o).
June 29, 1936, ch. 858, title V, §511(o), as added July 17, 1952, ch. 939, §14, 66 Stat. 764; Pub. L. 97–31, §12(92)(A), Aug. 6, 1981, 95 Stat. 161.

53301(b)
46 App.:1161(m).
June 29, 1936, ch. 858, title V, §511(m), as added Oct. 10, 1940, ch. 849, 54 Stat. 1108.

In subsection (a)(2)(A)(i), the words "constructed with a construction-differential subsidy under title V of the Merchant Marine Act, 1936, or constructed with financing or a financing guarantee under chapter 537 or 575 of this title" are substituted for "the construction of which has been financed under subchapters V or VII of this chapter, or the construction of which has been aided by a mortgage insured under subchapter XI of this chapter" because of the reorganization of the material and the omission from the revised title of the provisions relating to the construction-differential subsidy program.

Subsection (a)(2)(B) is substituted for the source provision to state more directly that a vessel described in the source provision is a new vessel for purposes of this chapter.

Editorial Notes

References in Text

The Merchant Marine Act, 1936, referred to in subsec. (a)(2)(A)(i), 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. § 30304 (2024) — Title 46: SHIPPING / Chapter 303 / Section 30304: Contributory negligence
Contributory negligence
Status: in_force

In an action under this chapter, contributory negligence of the decedent is not a bar to recovery. The court shall consider the degree of negligence of the decedent and reduce the recovery accordingly.

(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)

30304
46 App.:766.
Mar. 30, 1920, ch. 111, §6, 41 Stat. 537.
46 U.S.C. § 7108 (2024) — Title 46: SHIPPING / Chapter 71 / Section 7108: Termination of licenses and certificates of registry
Termination of licenses and certificates of registry
Status: in_force

When the holder of a license or certificate of registry, the duration of which is conditioned under section 7106 or 7107 of this title, fails to hold the license required as a condition, the license or certificate of registry issued under this part is terminated.

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

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

7108 
46:229c
46:243

Section 7108 specifies if any individual issued a license or certificate of registry fails to have the required FCC or appropriate State medical license, the license or certificate is automatically terminated. The suspension and revocation procedures provided in chapter 77 are not applicable in these cases.
46 U.S.C. § 10502 (2024) — Title 46: SHIPPING / Chapter 105 / Section 10502: Shipping articles agreements
Shipping articles agreements
Status: in_force

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

(b) The agreement shall include the date and hour on which the seaman must be on board to begin the voyage.

(c) The agreement may not contain a provision on the allotment of wages or a scale of provisions.

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

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

(f) The Secretary shall prescribe regulations requiring shipping companies to maintain records of seamen on matters of engagement, discharge, and service. The shipping companies shall make these records available to the seaman and the Coast Guard on request.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 570; Pub. L. 103–206, title IV, §413, Dec. 20, 1993, 107 Stat. 2437.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

10502 
46:574

Section 10502 requires the master on a vessel engaged on a coastwise voyage to sign a shipping agreement with each member of the crew and lists provisions which must be and provisions which may not be included in the agreement.

Editorial Notes

Amendments

1993—Subsec. (a). Pub. L. 103–206, §413(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "Before proceeding on a voyage, the master of a vessel to which this chapter applies shall make a shipping articles agreement in writing with each seaman on board, declaring the nature of the voyage or the period of time for which the seaman is engaged."

Subsecs. (d) to (f). Pub. L. 103–206, §413(2), added subsecs. (d) to (f).

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. § 44102 (2024) — Title 46: SHIPPING / Chapter 441 / Section 44102: Financial responsibility to indemnify passengers for nonperformance of transportation
Financial responsibility to indemnify passengers for nonperformance of transportation
Status: in_force

(a) Filing Requirement.—A person in the United States may not arrange, offer, advertise, or provide transportation on a vessel to which this chapter applies unless the person has filed with the Federal Maritime Commission evidence of financial responsibility to indemnify passengers for nonperformance of the transportation.

(b) Satisfactory Evidence.—To satisfy subsection (a), a person must file—

(1) information the Commission considers necessary; or

(2) a copy of a bond or other security, in such form as the Commission by regulation may require.

(c) Authorized Issuer of Bond.—If a bond is filed, it must be issued by a bonding company authorized to do business in the United States.

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

Historical and Revision Notes

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

44102
46 App.:817e(a) (1st–14th, 37th–last words), (b).
Pub. L. 89–777, §3(a) (1st–14th, 37th–last words), (b), Nov. 6, 1966, 80 Stat. 1357; Pub. L. 103–206, title III, §320, Dec. 20, 1993, 107 Stat. 2427.

In subsection (c), the words "or any State thereof, or the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands or any territory or possession of the United States" are omitted as unnecessary because of the definition of "United States" in chapter 1 of the revised title.
46 U.S.C. § 53401 (2024) — Title 46: SHIPPING / Chapter 534 / Section 53401: Definitions
Definitions
Status: in_force

In this chapter:

(1) Foreign commerce.—The term "foreign commerce" means—

(A) commerce or trade between the United States, its territories or possessions, or the District of Columbia, and a foreign country; and

(B) commerce or trade between foreign countries.

(2) Participating fleet vessel.—The term "participating Fleet vessel" means any product tank vessel covered by an operating agreement under this chapter on or after January 1, 2022, that—

(A) meets the requirements of one of paragraphs (1) through (4) of section 53402(b) of this title; and

(B) is no more than 20 years of age.

(3) Person.—The term "person" includes corporations, partnerships, and associations existing under, or authorized by, laws of the United States, or any State, territory, district, or possession thereof, or any foreign country.

(4) Product tank vessel.—The term "product tank vessel" means a double-hulled tank vessel capable of carrying simultaneously more than 2 separated grades of refined petroleum products.

(5) Program participant.—The term "program participant" means an owner or operator of a vessel that enters into an operating agreement covering a participating fleet vessel with the Secretary under section 53403.

(6) Secretary.—The term "Secretary" means the Secretary of Transportation, unless the context indicates otherwise.

(7) United states citizen trust.—The term "United States citizen trust"—

(A) means a trust for which—

(i) each of the trustees is a citizen of the United States; and

(ii) the application for documentation of the vessel under chapter 121 of this title includes an affidavit of each trustee stating that the trustee is not aware of any reason involving a beneficiary of the trust that is not a citizen of the United States, or involving any other person who is not a citizen of the United States, as a result of which the beneficiary or other person would hold more than 25 percent of the aggregate power to influence or limit the exercise of the authority of the trustee with respect to matters involving any ownership or operation of the vessel that may adversely affect the interests of the United States;

(B) does not include a trust for which any person that is not a citizen of the United States has authority to direct, or participate in directing, a trustee for a trust in matters involving any ownership or operation of the vessel that may adversely affect the interests of the United States or in removing a trustee without cause, either directly or indirectly through the control of another person, unless the trust instrument provides that persons who are not citizens of the United States may not hold more than 25 percent of the aggregate authority to so direct or remove a trustee; and

(C) may include a trust for which a person who is not a citizen of the United States holds more than 25 percent of the beneficial interest in the trust.

(8) Long term charter.—The term "long term charter" means any time charter of a product tank vessel to the United States Government that, together with options, occurs for a continuous period of more than 180 days.

(Added Pub. L. 116–283, div. C, title XXXV, §3511(a), Jan. 1, 2021, 134 Stat. 4408; amended Pub. L. 117–81, div. C, title XXXV, §3515(a), Dec. 27, 2021, 135 Stat. 2243.)

Editorial Notes

Amendments

2021—Par. (8). Pub. L. 117–81 added par. (8).

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 116–283, div. C, title XXXV, §3511(d), Jan. 1, 2021, 134 Stat. 4419, provided that:

"(1) In general.—This section [enacting this chapter and provisions set out as a note under section 53402 of this title] shall take effect on the date on which the Secretary of Defense—

"(A) has completed the report on United States flagged fuel tanker vessel capacity as required by section 3519 of the National Defense Authorization Act for Fiscal Year 2020 [Pub. L. 116–92, 133 Stat. 1987];

"(B) has submitted that report to the appropriate committees of Congress;

"(C) publishes certification—

"(i) that a program for United States-flagged fuel tanker vessels as prescribed in chapter 534 of title 46, United States Code, as amended by this section, for the purpose of providing additional United States-flagged fuel tanker vessels is in the national security interest of the United State; and

"(ii) of the number of such additional tankers covered under such a program that could be necessary to meet Department of Defense wartime requirements.

"(2) Appropriate committees of congress defined.—In this section the term 'appropriate committees of Congress' means—

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

"(B) the Committee on Transportation and Infrastructure and the Committee on Armed Services of the House of Representatives."
46 U.S.C. § 8501 (2024) — Title 46: SHIPPING / Chapter 85 / Section 8501: State regulation of pilots
State regulation of pilots
Status: in_force

(a) Except as otherwise provided in this subtitle, pilots in the bays, rivers, harbors, and ports of the United States shall be regulated only in conformity with the laws of the States.

(b) The master of a vessel entering or leaving a port on waters that are a boundary between 2 States, and that is required to have a pilot under this section, may employ a pilot licensed or authorized by the laws of either of the 2 States.

(c) A State may not adopt a regulation or provision that discriminates in the rate of pilotage or half-pilotage between vessels sailing between the ports of one State and vessels sailing between the ports of different States, or against vessels because of their means of propulsion, or against public vessels of the United States.

(d) A State may not adopt a regulation or provision that requires a coastwise vessel to take a pilot licensed or authorized by the laws of a State if the vessel—

(1) is propelled by machinery and subject to inspection under part B of this subtitle; or

(2) is subject to inspection under chapter 37 of this title.

(e) Any regulation or provision violating this section is void.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 553; Pub. L. 98–557, §29(e), Oct. 30, 1984, 98 Stat. 2874.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

8501(a) 
46:211

8501(b) 
46:212

8501(c), (e) 
46:213

8501(d) 
46:215

Section 8501 establishes the general proposition that the States regulate pilots in the bays, rivers, harbors, and ports of the United States, unless otherwise specifically provided by law.

Subsection (a) states this general proposition and uses the word "only" for emphasis on this point. Further, except as specifically provided in law, the Committee intends that this chapter not be construed to annul or affect any regulation established by the laws of a State requiring a vessel entering or leaving a port in that State to employ a pilot licensed or authorized by the laws of that State. In at least two places in current law, this general proposition is stated in both a positive and negative manner. The Committee intends to consolidate those separate statements into one provision to avoid ambiguity and redundancy.

Subsections (b) and (c) contain provisions regarding pilotage in waters between two States.

Subsection (d) prohibits a State from requiring a State licensed pilot on certain coastwise vessels.

Subsection (e) voids any regulation or provision violating this section.

Editorial Notes

Amendments

1984—Subsec. (a). Pub. L. 98–557 substituted "subtitle" for "part".
46 U.S.C. § 55301 (2024) — Title 46: SHIPPING / Chapter 553 / Subchapter I / Section 55301: Report on administration of programs by other Federal departments and agencies
Report on administration of programs by other Federal departments and agencies
Status: in_force

(a) In General.—The Administrator of the Maritime Administration shall annually submit to Congress a report on the administration by—

(1) the Department of Defense of section 2631 of title 10; and

(2) other Federal departments and agencies of programs the Administrator determines are subject to section 55305 of this title.

(b) Contents.—Each annual report required under subsection (a) shall include, for each Federal department or agency that administers a program covered by the report—

(1) the gross tonnage of cargo (equipment, materials, or agricultural products), expressed by type of cargo, transported on United States flag vessels as compared to on foreign vessels; and

(2) the total number of United States flag vessels and total number of foreign vessels contracted by each department or agency.

(c) Agency Reporting Requirements.—Not later than January 31 of each year, the head of each Federal department or agency that administers a program covered by a report required under subsection (a) shall submit to the Administrator of the Maritime Administration the information described in subsection (b) for that department or agency.

(Added Pub. L. 118–31, div. C, title XXXV, §3521(a)(1), Dec. 22, 2023, 137 Stat. 819.)

Editorial Notes

Prior Provisions

A prior section 55301 was renumbered section 55123 of this title.
46 U.S.C. § 55318 (2024) — Title 46: SHIPPING / Chapter 553 / Subchapter II / Section 55318: Effect on other law
Effect on other law
Status: in_force

This subchapter does not affect chapter 5 of title 5.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1648.)

Historical and Revision Notes

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

55318
46 App.:1241p.
Pub. L. 99–198, title XI, §1143, Dec. 23, 1985, 99 Stat. 1496.

The words "section 1707a(b)(8) of title 7" are omitted because the provision referred to has been repealed.
46 U.S.C. § 50103 (2024) — Title 46: SHIPPING / Chapter 501 / Section 50103: Determinations of essential services
Determinations of essential services
Status: in_force

(a) Essential Services, Routes, and Lines.—

(1) In general.—The Secretary of Transportation shall investigate, determine, and keep current records of the ocean services, routes, and lines from ports in the United States, or in the territories and possessions of the United States, to foreign markets, which the Secretary determines to be essential for the promotion, development, expansion, and maintenance of the foreign commerce of the United States. In making such a determination, the Secretary shall consider and give due weight to—

(A) the cost of maintaining each line;

(B) the probability that a line cannot be maintained except at a heavy loss disproportionate to the benefit to foreign trade;

(C) the number of voyages and types of vessels that should be employed in a line;

(D) the intangible benefit of maintaining a line to the foreign commerce of the United States, the national defense, and other national requirements; and

(E) any other facts and conditions a prudent business person would consider when dealing with the person's own business.

(2) Saint lawrence seaway.—For purposes of paragraph (1), the Secretary shall establish services, routes, and lines that reflect the seasonal closing of the Saint Lawrence Seaway and provide for alternate routing of vessels through a different range of ports during that closing to maintain continuity of service on a year-round basis.

(b) Bulk Cargo Carrying Services.—The Secretary shall investigate, determine, and keep current records of the bulk cargo carrying services that should be provided by vessels of the United States (whether or not operating on particular services, routes, or lines) for the promotion, development, expansion, and maintenance of the foreign commerce of the United States and the national defense or other national requirements.

(c) Types of Vessels.—The Secretary shall investigate, determine, and keep current records of the type, size, speed, method of propulsion, and other requirements of the vessels, including express-liner or super-liner vessels, that should be employed in—

(1) the services, routes, or lines described in subsection (a), and the frequency and regularity of the voyages of the vessels, with a view to furnishing adequate, regular, certain, and permanent service; and

(2) the bulk cargo carrying services described in subsection (b).

(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)

50103(a)(1)
46 App.:1121(a).
June 29, 1936, ch. 858, title II, §211(a)–(c), 49 Stat. 1989; Pub. L. 91–469, §§4, 35(a), (b), Oct. 21, 1970, 84 Stat. 1018, 1035; Pub. L. 97–31, §12(67), Aug. 6, 1981, 95 Stat. 159.

50103(a)(2)
46 App.:1213(a) (3d sentence related to 1121(a)).
June 29, 1936, ch. 858, title VIII, §809(a) (3d sentence related to 211(a)), as added Pub. L. 97–35, title XVI, §1604, Aug. 13, 1981, 95 Stat. 751.

50103(b)
46 App.:1121(b).

50103(c)
46 App.:1121(c).
46 U.S.C. § 51104 (2024) — Title 46: SHIPPING / Chapter 511 / Section 51104: General authority of Secretary of the Navy
General authority of Secretary of the Navy
Status: in_force

The Secretary of the Navy, in cooperation with the Maritime Administrator and the head of each State maritime academy, shall ensure that—

(1) the training of future merchant marine officers at the United States Merchant Marine Academy and at State maritime academies includes programs for naval science training in the operation of merchant vessels as a naval and military auxiliary; and

(2) naval officer training programs for future officers, insofar as possible, are maintained at designated maritime academies consistent with Navy standards and needs.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1570.)

Historical and Revision Notes

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

51104
46 App.:1126–1(a) (last sentence), (b).
Pub. L. 94–361, title VI, §603(a) (last sentence), (b), July 14, 1976, 90 Stat. 929; Pub. L. 97–31, §12(76), Aug. 6, 1981, 95 Stat. 160.

 
46 App.:1295 (last sentence cl. (2)).
June 29, 1936, ch. 858, title XIII, §1301 (last sentence cl. (2)), as added Pub. L. 96–453, §2, Oct. 15, 1980, 94 Stat. 1997; Pub. L. 97–31, §12(142)(B), Aug. 6, 1981, 95 Stat. 166.
46 U.S.C. § 53502 (2024) — Title 46: SHIPPING / Chapter 535 / Section 53502: Regulations
Regulations
Status: in_force

(a) In General.—Except as provided in subsection (b), the Secretary shall prescribe regulations to carry out this chapter.

(b) Tax Liability.—The Secretary and the Secretary of the Treasury shall prescribe joint regulations for the determination of tax liability under this chapter.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1593.)

Historical and Revision Notes

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

53502
46 App.:1177(l) (2d sentence).
June 29, 1936, ch. 858, title VI, §607(l) (2d sentence), 49 Stat. 2005; June 23, 1938, ch. 600, §§23–28, 52 Stat. 960; Aug. 4, 1939, ch. 417, §10, 53 Stat. 1185; July 17, 1952, ch. 939, §§17–19, 66 Stat. 764; Pub. L. 85–637, Aug. 14, 1958, 72 Stat. 216; Pub. L. 86–518, §1, June 12, 1960, 74 Stat. 216; Pub. L. 87–45, §6, May 27, 1961, 75 Stat. 91; Pub. L. 87–271, Sept. 21, 1961, 75 Stat. 570; restated Pub. L. 91–469, §21(a), Oct. 21, 1970, 84 Stat. 1032; Pub. L. 97–31, §12(97)(A), Aug. 6, 1981, 95 Stat. 162.

Subsection (a) is added for clarity because various provisions of the source language for this chapter imply that the Secretary is to prescribe regulations individually (except for regulations affecting a determination of tax liability). See, e.g., 46 App. U.S.C. 1177(a) (last sentence), (f)(1) (last sentence), and (l) (last sentence).

In subsection (b), the words "not inconsistent with the foregoing provisions of this section, as may be necessary or appropriate" are omitted as surplus.
46 U.S.C. § 53904 (2024) — Title 46: SHIPPING / Chapter 539 / Section 53904: Liability insurance for persons involved in war or defense efforts
Liability insurance for persons involved in war or defense efforts
Status: in_force

(a) In General.—The Secretary of Transportation may provide insurance under this chapter against legal liability that a person may incur in providing services or facilities for a vessel if, in the opinion of the Secretary, the insurance—

(1) is required in prosecuting a war or for national defense; and

(2) cannot be obtained at reasonable rates or on reasonable terms and conditions from approved companies authorized to do insurance business in a State of the United States.

(b) Limitations.—Employer liability insurance and worker compensation insurance against legal liability to employees may not be provided under this section.

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

Historical and Revision Notes

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

53904
46 App.:1286.
June 29, 1936, ch. 858, title XII, §1206, as added Sept. 7, 1950, ch. 906, 64 Stat. 774; Aug. 3, 1956, ch. 929, §5, 70 Stat. 986.

In subsection (a), the words "a vessel" are substituted for "any American- or foreign-flag vessel, public or private" to eliminate unnecessary words.
46 U.S.C. § 6104 (2024) — Title 46: SHIPPING / Chapter 61 / Section 6104: Commercial fishing industry vessel casualty statistics
Commercial fishing industry vessel casualty statistics
Status: in_force

(a) The Secretary shall compile statistics concerning marine casualties from data compiled from insurers of fishing vessels, fish processing vessels, and fish tender vessels.

(b) A person underwriting primary insurance for a fishing vessel, fish processing vessel, or fish tender vessel shall submit periodically to the Secretary data concerning marine casualties that is required by regulations prescribed by the Secretary.

(c) After consulting with the insurance industry, the Secretary shall prescribe regulations under this section to gather a statistical base for analyzing vessel risks.

(d) The Secretary may delegate to a qualified person that has knowledge and experience in the collection of statistical insurance data the authority of the Secretary under this section to compile statistics from insurers.

(Added Pub. L. 100–424, §4(a), Sept. 9, 1988, 102 Stat. 1590.)
46 U.S.C. § 4309 (2024) — Title 46: SHIPPING / Chapter 43 / Section 4309: Investigation and reporting
Investigation and reporting
Status: in_force

(a) A recreational vessel manufacturer to whom this chapter applies shall establish and maintain records and reports and provide information the Secretary may require to enable the Secretary to decide whether the manufacturer has acted or is acting in compliance with this chapter and regulations prescribed under this chapter. On request of an officer, employee, or agent authorized by the Secretary, a recreational vessel manufacturer shall permit the officer, employee, or agent to inspect, at reasonable times, factories or other facilities, and records related to deciding whether the manufacturer has acted or is acting in compliance with this chapter and regulations prescribed under this chapter.

(b) Information reported to or otherwise obtained by the Secretary or the representative of the Secretary under this section containing or related to a trade secret or other matter referred to in section 1905 of title 18, or authorized to be exempt from public disclosure by section 552(b) of title 5, is confidential under section 1905. However, on approval of the Secretary, the information may be disclosed to other officers, employees, or agents concerned with carrying out this chapter or when it is relevant in a proceeding under this chapter.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 532.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

4309 
46:1463

Section 4309 requires the establishment and maintenance of certain records by manufacturers, and the inspection and access to these records by the Secretary, at reasonable times, so as to assure Federal enforcement officials that the manufacturer has acted or is in compliance with applicable laws and regulations. It also provides protection for matters related to trade secrets and exemptions from public disclosure.
46 U.S.C. § 50309 (2024) — Title 46: SHIPPING / Chapter 503 / Section 50309: Securing logistics information data of the United States
Securing logistics information data of the United States
Status: in_force

(a) In General.—

(1) Prohibition.—A covered entity shall not use a covered logistics platform.

(2) Eligibility.—A covered entity that is found to use a covered logistics platform shall not be eligible to receive any Federal grant funding as long as the covered entity uses a covered logistics platform.

(b) Guidance.—The Secretary of Transportation shall—

(1) notify covered entities of the prohibition in subsection (a) as soon as practicable, including notice of funding opportunities for grant programs; and

(2) publish on a website of the Department of Transportation, and update regularly, a list of covered logistics platforms subject to the prohibition in subsection (a).

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

(1) the Secretary of Defense;

(2) the Secretary of the Department in which the Coast Guard is operating;

(3) the Secretary of State; and

(4) the Secretary of Commerce.

(d) Waiver.—The Secretary of Transportation, in consultation with the Secretary of Defense, may waive the provisions of this section for a specific contract if the Secretary of Transportation—

(1) makes a determination that such waiver is vital to the national security of the United States; and

(2) submits to Congress a report justifying the use of such waiver and the importance of such waiver to the national security of the United States.

(e) Definitions.—In this section:

(1) Covered logistics platform.—The term "covered logistics platform" means a data exchange platform that utilizes or provides, in part or whole—

(A) the national transportation logistics public information platform (commonly referred to as "LOGINK") provided by the People's Republic of China, or departments, ministries, centers, agencies, or instrumentalities of the Government of the People's Republic of China;

(B) any national transportation logistics information platform provided by or sponsored by the People's Republic of China, or a controlled commercial entity; or

(C) a similar system provided by Chinese state-affiliated entities.

(2) Covered entity.—The term "covered entity" means—

(A) a port authority that receives funding after the date of the enactment of this section under—

(i) the port infrastructure development program under section 54301;

(ii) the maritime transportation system emergency relief program under section 50308; or

(iii) any Federal grant funding program;

(B) any marine terminal operator located on property owned by a port authority as described in subparagraph (A) or at a seaport described in subparagraph (D);

(C) any agency or instrumentality of the United States Government or that of a State; or

(D) a commercial strategic seaport within the National Port Readiness Network.

(Added Pub. L. 118–31, div. A, title VIII, §825(b)(1), Dec. 22, 2023, 137 Stat. 332.)

Editorial Notes

References in Text

The date of the enactment of this section, referred to in subsec. (e)(2)(A), is the date of enactment of Pub. L. 118–31, which was approved Dec. 22, 2023.

Statutory Notes and Related Subsidiaries

Countering Adversary Logistics Information Technologies

Pub. L. 118–31, div. A, title VIII, §825, Dec. 22, 2023, 137 Stat. 332, provided that:

"(a) Countering the Spread of Covered Logistics Platforms.—

"(1) Contracting prohibition.—

"(A) In general.—The Secretary of Defense may not enter into a contract with an entity that provides data to covered logistics platforms.

"(B) Applicability.—This paragraph shall apply with respect to any contract entered into on or after the date that is 180 days after the date of the enactment of this subsection [Dec. 22, 2023].

"(2) Waiver.—The Secretary of Defense may waive the provisions of this subsection for a specific contract if the Secretary—

"(A) makes a determination that such waiver is vital to the national security of the United States; and

"(B) submits to Congress a report justifying the use of such waiver and the importance of such waiver to the national security of the United States.

"(3) Report.—Not later than one year after the date of the enactment of this subsection, and annually for three subsequent years, the Secretary of Defense shall submit to Congress a report on the implementation of this subsection.

"(b) Policy With Respect to Ports Accepting Federal Grant Money.—

"(1) [Enacted this section.]

"(2) [Amended analysis of chapter 503 of this title.]

"(3) Applicability.—Section 50309 of title 46, United States Code, as added by paragraph (1), shall apply with respect to any contract entered into on or after the date that is 180 days after the date of the enactment of this subsection [Dec. 22, 2023].

"(4) Reporting.—Not later than one year after the date of the enactment of this subsection, and annually for three subsequent years, the Secretary of Transportation shall submit to Congress a report on the implementation of section 50309 of title 46, United States Code, as added by paragraph (1).

"(c) Negotiations With Allies and Partners.—

"(1) Negotiations required.—The Secretary of State shall seek to enter into negotiations with United States ally and partner countries, including those described in paragraph (3), if the President determines that ports or other entities operating within the jurisdiction of such ally or partner countries are using or are considering using a covered logistics platform.

"(2) Elements.—As part of the negotiations described in paragraph (1), the President shall—

"(A) urge governments of such ally and partner countries to require entities within the jurisdiction of such governments to terminate the use of a covered logistics platform;

"(B) describe the threats posed by a covered logistics platform to United States military and strategic interests and the implications such threats may have for the presence of members of the Armed Forces of the United States in such countries;

"(C) urge governments to use their voice, influence, and vote to align with the United States and to counter attempts by foreign adversaries at international standards-setting bodies to adopt standards that incorporate a covered logistics platform; and

"(D) attempt to establish, through multilateral entities, bilateral or multilateral negotiations, military cooperation, and other relevant engagements or agreements, a prohibition on the use of a covered logistics platform.

"(3) Allies and partners described.—The countries and entities with which the President shall conduct negotiations described in this subsection shall include—

"(A) all countries party to a collective defense treaty or other collective defense arrangement with the United States;

"(B) India; and

"(C) Taiwan.

"(4) Report.—Not later than one year after the date of the enactment of this subsection [Dec. 22, 2023], the Secretary of State shall submit a report to the appropriate congressional committees describing—

"(A) the efforts made by the United States Government as of the date of the submission of the report in the negotiations described in this subsection; and

"(B) the actions taken by the governments of ally and partner countries pursuant to the negotiation priorities described in this subsection.

"(d) Definitions.—In this section:

"(1) Appropriate congressional committees.—The term 'appropriate congressional committees' means—

"(A) the Committees on Armed Services, Foreign Affairs, and Transportation and Infrastructure of the House of Representatives; and

"(B) the Committees on Armed Services, Foreign Relations, and Commerce, Science, and Transportation of the Senate.

"(2) Covered logistics platform.—The term 'covered logistics platform' has the meaning given in section 50309 of title 46, United States Code, as added by this section.

"(3) Foreign adversary.—The term 'foreign adversary' means—

"(A) the People's Republic of China, including the Hong Kong and Macau Special Administrative Regions;

"(B) the Republic of Cuba;

"(C) the Islamic Republic of Iran;

"(D) the Democratic People's Republic of Korea;

"(E) the Russian Federation; and

"(F) the Bolivarian Republic of Venezuela under the regime of Nicolás Maduro Moros."
46 U.S.C. § 31330 (2024) — Title 46: SHIPPING / Chapter 313 / Subchapter II / Section 31330: Penalties
Penalties
Status: in_force

(a)(1) A mortgagor shall be fined under title 18, imprisoned for not more than 2 years, or both, if the mortgagor—

(A) with intent to defraud, does not disclose an obligation on a vessel as required by section 31323(a) of this title;

(B) with intent to defraud, incurs a contractual obligation in violation of section 31323(b) of this title; or

(C) with intent to hinder or defraud an existing or future creditor of the mortgagor or a lienor of the vessel, files a mortgage with the Secretary.

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

(A) does not disclose an obligation on a vessel as required by section 31323(a) of this title;

(B) incurs a contractual obligation in violation of section 31323(b) of this title; or

(C) files with the Secretary a mortgage made not in good faith.

(b)(1) A person that knowingly violates section 31329 of this title shall be fined under title 18, imprisoned for not more than 3 years, or both.

(2) A person violating section 31329 of this title is liable to the Government for a civil penalty of not more than $25,000.

(3) A vessel involved in a violation under section 31329 of this title and its equipment may be seized by, and forfeited to, the Government.

(c) If a person not an individual violates this section, the president or chief executive of the person also is subject to any penalty provided under this section.

(Pub. L. 100–710, title I, §102(c), Nov. 23, 1988, 102 Stat. 4747; Pub. L. 104–324, title XI, §1113(b)(2), Oct. 19, 1996, 110 Stat. 3970; Pub. L. 111–281, title IX, §913(a)(1), (d), Oct. 15, 2010, 124 Stat. 3017.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

31330(a) 
46:941(b) (1st sentence)

31330(b) 
New

31330(c) 
46:941(b) (1st sentence)

Section 31330(a) provides for criminal penalties for not disclosing obligations, incurring contractual obligations in violation of section 31323(b), and filing a mortgage made not in good faith. This subsection makes a substantive change to law by adding civil penalties and by making it a crime to record with the Secretary of Transportation a mortgage made not in good faith with the intent to hinder an existing or future creditor of the mortgagor or a lienor of the vessel. This is done since the affidavit of good faith has been eliminated from the elements of a preferred mortgage.

Section 31330(b) adds criminal and civil penalties for violating the sale and trust requirements under sections 31328 and 31329. It also makes a vessel and its equipment involved in those violations subject to seizure by the Government.

Section 31330(c) makes the president or chief executive officer of a corporation or association liable as a mortgagor for the penalties under this section.

house floor statement

Subsection (a) of this section adds criminal and civil penalties for a preferred mortgagor's failure to carry out certain requirements under chapter 313 of title 46 (as enacted by this Act).

Editorial Notes

Amendments

2010—Subsec. (a)(1)(B). Pub. L. 111–281, §913(d)(1)(A), inserted "or" after semicolon.

Subsec. (a)(1)(C). Pub. L. 111–281, §913(d)(1)(B), substituted "Secretary." for "Secretary; or".

Pub. L. 111–281, §913(a)(1), struck out "of Transportation" after "Secretary".

Subsec. (a)(1)(D). Pub. L. 111–281, §913(d)(1)(C), struck out subpar. (D) which read as follows: "with intent to defraud, does not comply with section 31321(h) of this title."

Subsec. (a)(2)(B) to (D). Pub. L. 111–281, §913(d)(2), inserted "or" at end of subpar. (B), substituted "faith." for "faith; or" at end of subpar. (C), and struck out subpar. (D) which read as follows: "does not comply with section 31321(h) of this title."

1996—Subsec. (b). Pub. L. 104–324 struck out "31328 or" before "31329" in pars. (1) to (3).

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. § 11506 (2024) — Title 46: SHIPPING / Chapter 115 / Section 11506: Carrying sheath knives
Carrying sheath knives
Status: in_force

A seaman in the merchant marine may not wear a sheath knife on board a vessel without the consent of the master. The master of a vessel of the United States shall inform each seaman of this prohibition before engagement. A master failing to advise a seaman is liable to the United States Government for a civil penalty of $50.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 584.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

11506 
46:710

Section 11506 prohibits a merchant seaman from carrying a sheath knife without permission of the master, and penalizes a master who does not advise a seaman of this provision.
46 U.S.C. § 57102 (2024) — Title 46: SHIPPING / Chapter 571 / Section 57102: Disposition of vessels
Disposition of vessels
Status: in_force

(a) In General.—If the Secretary of Transportation determines that a vessel is an obsolete vessel, the Secretary may dispose of such vessel (by sale or by purchase of disposal services).

(b) Selling Procedure.—The sale of a vessel under subsection (a) shall be made on a best value basis. The purchaser does not have to be a citizen of the United States. The purchaser shall provide a surety bond, with a surety approved by the Secretary, to ensure that the vessel will not be operated in the foreign trade of the United States at any time within 10 years after the sale, in competition with a vessel owned by a citizen of the United States and documented under the laws of the United States.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1658; Pub. L. 118–31, div. C, title XXXV, §3514(j)(4), Dec. 22, 2023, 137 Stat. 811.)

Historical and Revision Notes

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

57102
46 App.:1158(a).
June 29, 1936, ch. 858, title V, §508(a), 49 Stat. 2000; Pub. L. 97–31, §12(89), Aug. 6, 1981, 95 Stat. 161; Pub. L. 108–136, title XXXV, §3512(1), Nov. 24, 2003, 117 Stat. 1789.

In subsection (a), the words "vessel owned by the Maritime Administration" are substituted for "vessel transferred to the Maritime Administration of the Department of Transportation by section 1112 of this Appendix, or hereafter acquired" to eliminate unnecessary words.

In subsection (b), the words "The sale of a vessel under section (a) shall be made on the basis of competitive sealed bids, after an appraisal and due advertisement. The purchaser does not have to be a citizen of the United States." are substituted for "after appraisement and due advertisement, and upon competitive sealed bids, either to citizens of the United States or to aliens" for clarity. The words "provide a surety bond, with a surety approved by the Secretary, to ensure that" are substituted for "enter into an undertaking with sureties approved by the Secretary of Transportation that" for clarity.

Editorial Notes

Amendments

2023—Pub. L. 118–31, §3514(j)(4)(A), struck out "not worth preserving" after "Disposition of vessels" in section catchline.

Subsec. (a). Pub. L. 118–31, §3514(j)(4)(B), substituted "is an obsolete vessel, the Secretary may dispose of such vessel (by sale or by purchase of disposal services)." for "owned by the Maritime Administration is of insufficient value for commercial or military operation to warrant its further preservation, the Secretary may scrap the vessel or sell the vessel for cash."

Subsec. (b). Pub. L. 118–31, §3514(j)(4)(C), substituted "on a best value basis" for "on the basis of competitive sealed bids, after an appraisal and due advertisement".

Statutory Notes and Related Subsidiaries

Limitation on Export of Vessels Owned by the Government of the United States for the Purpose of Dismantling, Recycling, or Scrapping

Pub. L. 110–417, div. C, title XXXV, §3502, Oct. 14, 2008, 122 Stat. 4761, provided that:

"(a) In General.—Except as provided in subsection (b), no vessel that is owned by the Government of the United States shall be approved for export to a foreign country for purposes of dismantling, recycling, or scrapping.

"(b) Exception.—Subsection (a) shall not apply with respect to a vessel if the Administrator of the Maritime Administration certifies to the Committee on Armed Services of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that—

"(1) a compelling need for dismantling, recycling, or scrapping the vessel exists;

"(2) there is no available capacity in the United States to conduct the dismantling, recycling, or scrapping of the vessel;

"(3) any dismantling, recycling, or scrapping of the vessel in a foreign country will be conducted in full compliance with environmental, safety, labor, and health requirements for ship dismantling, recycling, or scrapping that are equivalent to the laws of the United States; and

"(4) the export of the vessel under this section will only be for dismantling, recycling, or scrapping of the vessel.

"(c) United States Defined.—In this section the term 'United States' means the States of the United States, Puerto Rico, and Guam."

Vessel Disposal Program

Pub. L. 110–181, div. C, title XXXV, §3503, Jan. 28, 2008, 122 Stat. 592, provided that:

"(a) In General.—Within 30 days after the date of the enactment of this Act [Jan. 28, 2008], the Secretary of Transportation shall convene a working group to review and make recommendations on best practices for the storage and disposal of obsolete vessels owned or operated by the Federal Government. The Secretary shall invite senior representatives from the Maritime Administration, the Coast Guard, the Environmental Protection Agency, the National Oceanic and Atmospheric Administration, and the United States Navy to participate in the working group. The Secretary may request the participation of senior representatives of any other Federal department or agency, as appropriate, and may also request participation from concerned State environmental agencies.

"(b) Scope.—Among the vessels to be considered by the working group are Federally owned or operated vessels that are—

"(1) to be scrapped or recycled;

"(2) to be used as artificial reefs; or

"(3) to be used for the Navy's SINKEX program.

"(c) Purpose.—The working group shall—

"(1) examine current storage and disposal policies, procedures, and practices for obsolete vessels owned or operated by Federal agencies;

"(2) examine Federal and State laws and regulations governing such policies, procedures, and practices and any applicable environmental laws; and

"(3) within 90 days after the date of enactment of the [this] Act [Jan. 28, 2008], submit a plan to the Committee on Armed Services and the Committee on Commerce, Science and Transportation of the Senate and the Committee on Armed Services of the House of Representatives to improve and harmonize practices for storage and disposal of such vessels, including the interim transportation of such vessels.

"(d) Contents of Plan.—The working group shall include in the plan submitted under subsection (c)(3)—

"(1) a description of existing measures for the storage, disposal, and interim transportation of obsolete vessels owned or operated by Federal agencies in compliance with Federal and State environmental laws in a manner that protects the environment;

"(2) a description of Federal and State laws and regulations governing the current policies, procedures, and practices for the storage, disposal, and interim transportation of such vessels;

"(3) recommendations for environmental best practices that meet or exceed, and harmonize, the requirements of Federal environmental laws and regulations applicable to the storage, disposal, and interim transportation of such vessels;

"(4) recommendations for environmental best practices that meet or exceed the requirements of State laws and regulations applicable to the storage, disposal, and interim transportation of such vessels;

"(5) procedures for the identification and remediation of any environmental impacts caused by the storage, disposal, and interim transportation of such vessels; and

"(6) recommendations for necessary steps, including regulations if appropriate, to ensure that best environmental practices apply to all such vessels.

"(e) Implementation of Plan.—

"(1) In general.—As soon as practicable after the date of enactment of the [this] Act [Jan. 28, 2008], the head of each Federal department or agency participating in the working group, in consultation with the other Federal departments and agencies participating in the working group, shall take such action as may be necessary, including the promulgation of regulations, under existing authorities to ensure that the implementation of the plan provides for compliance with all Federal and State laws and for the protection of the environment in the storage, interim transportation, and disposal of obsolete vessels owned or operated by Federal agencies.

"(2) Armed services vessels.—The Secretary and the Secretary of Defense, in consultation with the Administrator of the Environmental Protection Agency, shall each ensure that environmental best practices are observed with respect to the storage, disposal, and interim transportation of obsolete vessels owned or operated by the Department of Defense.

"(f) Rule of Construction.—Nothing in this section shall be construed to supersede, limit, modify, or otherwise affect any other provision of law, including environmental law."
46 U.S.C. § 54101 (2024) — Title 46: SHIPPING / Chapter 541 / Section 54101: Assistance for small shipyards
Assistance for small shipyards
Status: in_force

(a) Establishment of Program.—Subject to the availability of appropriations, the Administrator of the Maritime Administration shall execute agreements with shipyards to provide assistance—

(1) in the form of grants, loans, and loan guarantees to small shipyards for capital improvements; and

(2) for maritime training programs to foster technical skills and operational productivity relating to shipbuilding, ship repair, and associated industries.

(b) Awards.—

(1) In general.—In providing assistance under the program, the Administrator shall consider projects that foster—

(A) efficiency, competitive operations, and quality ship construction, repair, and reconfiguration; and

(B) employee skills and enhanced productivity related to shipbuilding, ship repair, and associated industries.

(2) Timing of grant notice.—The Administrator shall post a Notice of Funding Opportunity regarding grants awarded under this section not more than 15 days after the date of enactment of the appropriations Act for the fiscal year concerned.

(3) Timing of grants.—The Administrator shall award grants under this section not later than 120 days after the date of the enactment of the appropriations Act for the fiscal year concerned.

(4) Reuse of unexpended grant funds.—Notwithstanding paragraph (3), amounts awarded as a grant under this section that are not expended by the grantee shall remain available to the Administrator for use for grants under this section.

(c) Use of Funds.—

(1) In general.—Assistance provided under this section may be used to—

(A) make capital and related improvements in small shipyards; and

(B) provide training for workers in shipbuilding, ship repair, and associated industries.

(2) Administrative costs.—Not more than 2 percent of amounts made available to carry out the program may be used for the necessary costs of grant administration.

(d) Prohibited Uses.—

(1) In general.—Grants awarded under this section may not be used to construct buildings or other physical facilities or to acquire land.

(2) Buy america.—

(A) In general.—Subject to subparagraph (B), no funds may be obligated by the Administrator of the Maritime Administration under this section, unless each product and material purchased with those funds (including products and materials purchased by a grantee), and including any commercially available off-the-shelf item, is—

(i) an unmanufactured article, material, or supply that has been mined or produced in the United States; or

(ii) a manufactured article, material, or supply that has been manufactured in the United States substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States.

(B) Exceptions.—

(i) In general.—Notwithstanding subparagraph (A), the requirements of that subparagraph shall not apply with respect to a particular product or material if the Administrator determines—

(I) that the application of those requirements would be inconsistent with the public interest;

(II) that such product or material is not available in the United States in sufficient and reasonably available quantities, of a satisfactory quality, or on a timely basis; or

(III) that inclusion of a domestic product or material will increase the cost of that product or material by more than 25 percent, with respect to a certain contract between a grantee and that grantee's supplier.

(ii) Federal register.—A determination made by the Administrator under this subparagraph shall be published in the Federal Register.

(C) Definitions.—ln this paragraph:

(i) The term "commercially available off-the-shelf item" means—

(I) any item of supply (including construction material) that is—

(aa) a commercial item, as defined by section 2.101 of title 48, Code of Federal Regulations (as in effect on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020); and

(bb) sold in substantial quantities in the commercial marketplace; and

(II) does not include bulk cargo, as defined in section 40102(4) of this title, such as agricultural products and petroleum products.

(ii) The term "product or material" means an article, material, or supply brought to the site by the recipient for incorporation into the building, work, or project. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

(iii) The term "United States" includes the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands.

(e) Matching Requirements; Allocation.—

(1) Federal funding.—Federal funds for any eligible project under this section shall not exceed 75 percent of the total cost of such project.

(2) Allocation of funds.—

(A) In general.—The Administrator may not award more than 25 percent of the funds made available to carry out this section for any fiscal year to any small shipyard in one geographic location that has more than 600 employees.

(B) Ineligibility.—A maritime training center that has received funds awarded under section 51706 of title 46, United States Code, shall not be eligible for grants under this subsection for training purposes in the same fiscal year.

(f) Applications.—

(1) In general.—To be eligible for assistance under this section, an applicant shall submit an application, in such form, and containing such information and assurances as the Administrator may require, within 60 days after the date of enactment of the appropriations Act for the fiscal year concerned.

(2) Minimum standards for payment or reimbursement.—Each application submitted under paragraph (1) shall include a comprehensive description of—

(A) the need for the project;

(B) the methodology for implementing the project; and

(C) any existing programs or arrangements that can be used to supplement or leverage assistance under the program.

(3) Procedural safeguards.—The Administrator, in consultation with the Office of the Inspector General, shall issue guidelines to establish appropriate accounting, reporting, and review procedures to ensure that—

(A) grant funds are used for the purposes for which they were made available;

(B) grantees have properly accounted for all expenditures of grant funds; and

(C) grant funds not used for such purposes and amounts not obligated or expended are returned.

(4) Project approval required.—The Administrator may not award a grant under this section unless the Administrator determines that—

(A) sufficient funding is available to meet the matching requirements of subsection (e);

(B) the project will be completed without unreasonable delay; and

(C) the recipient has authority to carry out the proposed project.

(g) Audits and Examinations.—All grantees under this section shall maintain such records as the Administrator may require and make such records available for review and audit by the Administrator.

(h) Small Shipyard Defined.—In this section, the term "small shipyard" means a shipyard facility in one geographic location that does not have more than 1,200 employees.

(Added Pub. L. 110–417, div. C, title XXXV, §3508(a), Oct. 14, 2008, 122 Stat. 4767; amended Pub. L. 113–281, title III, §303, Dec. 18, 2014, 128 Stat. 3043; Pub. L. 115–91, div. C, title XXXV, §§3501(b), 3505(a), Dec. 12, 2017, 131 Stat. 1909, 1913; Pub. L. 115–232, div. C, title XXXV, §§3511, 3546(r), Aug. 13, 2018, 132 Stat. 2311, 2327; Pub. L. 116–92, div. C, title XXXV, §3507(a), (b), Dec. 20, 2019, 133 Stat. 1974, 1976; Pub. L. 116–283, div. C, title XXXV, §3501(c)(2), Jan. 1, 2021, 134 Stat. 4397; Pub. L. 117–263, div. C, title XXXV, §3532(d), Dec. 23, 2022, 136 Stat. 3092; Pub. L. 118–159, div. C, title XXXV, §3535(b), Dec. 23, 2024, 138 Stat. 2314.)

Editorial Notes

References in Text

The date of the enactment of the National Defense Authorization Act for Fiscal Year 2020, referred to in subsec. (d)(2)(C)(i)(I)(aa), is the date of enactment of Pub. L. 116–92, which was approved Dec. 20, 2019.

Prior Provisions

A prior section 54101, added and amended Pub. L. 110–181, div. C, title XXXV, §3523(a)(6)(B)–(D), Jan. 28, 2008, 122 Stat. 599, which related to assistance for small shipyards and maritime communities, was repealed by Pub. L. 110–417, div. C, title XXXV, §3508(b), Oct. 14, 2008, 122 Stat. 4769, as amended by Pub. L. 111–84, div. A, title X, §1073(c)(14), Oct. 28, 2009, 123 Stat. 2475, effective Oct. 14, 2008, and as if included in Pub. L. 110–417 as enacted.

Amendments

2024—Subsec. (i). Pub. L. 118–159 struck out subsec. (i). Text read as follows: "There are authorized to be appropriated to the Administrator of the Maritime Administration for fiscal year 2021 to carry out this section $20,000,000."

2022—Subsec. (e)(2). Pub. L. 117–263 added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: "The Administrator may not award more than 25 percent of the funds appropriated to carry out this section for any fiscal year to any small shipyard in one geographic location that has more than 600 employees."

2021—Subsec. (i). Pub. L. 116–283 substituted "for fiscal year 2021 to carry out this section $20,000,000" for "for each of fiscal years 2020 and 2021 to carry out this section $40,000,000".

2019—Subsec. (d). Pub. L. 116–92, §3507(a), designated existing provisions as par. (1), inserted heading, and added par. (2).

Subsec. (i). Pub. L. 116–92, §3507(b), substituted "2020 and 2021" for "2018, 2019, and 2020" and "$40,000,000" for "$35,000,000".

2018—Subsec. (b)(2) to (4). Pub. L. 115–232, §3511, added par. (2), redesignated former pars. (2) and (3) as (3) and (4), respectively, and, in par. (4), substituted "paragraph (3)" for "paragraph (2)".

Subsec. (f)(2). Pub. L. 115–232, §3546(r), added par. (2) and struck out former par. (2) consisting of subpar. (A) and cls. (i) to (iii) which related to minimum standards for payment or reimbursement.

2017—Pub. L. 115–91, §3505(a)(1), struck out "and maritime communities" after "shipyards" in section catchline.

Subsec. (a)(2). Pub. L. 115–91, §3505(a)(2), substituted "relating to shipbuilding, ship repair, and associated industries." for "in communities whose economies are related to or dependent upon the maritime industry."

Subsec. (b). Pub. L. 115–91, §3505(a)(3), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows:

"(b) Awards.—In providing assistance under the program, the Administrator shall—

"(1) take into account—

"(A) the economic circumstances and conditions of maritime communities;

"(B) projects that would be effective in fostering efficiency, competitive operations, and quality ship construction, repair, and reconfiguration; and

"(C) projects that would be effective in fostering employee skills and enhancing productivity; and

"(2) make grants within 120 days after the date of enactment of the appropriations Act for the fiscal year concerned."

Subsec. (c)(1). Pub. L. 115–91, §3505(a)(4), inserted "to" after "may be used" in introductory provisions, added subpars. (A) and (B), and struck out former subpars. (A) to (C) which read as follows:

"(A) to make capital and related improvements in small shipyards located in or near maritime communities;

"(B) to provide training for workers in communities whose economies are related to the maritime industry; and

"(C) for such other purposes as the Administrator determines to be consistent with and supplemental to such activities."

Subsec. (d). Pub. L. 115–91, §3505(a)(5), struck out "unless such use is specifically approved by the Administrator in support of subsection (c)(1)(C)" before period at end.

Subsec. (e)(1). Pub. L. 115–91, §3505(a)(6)(C), struck out "Except as provided in paragraph (2)," before "Federal funds".

Subsec. (e)(2), (3). Pub. L. 115–91, §3505(a)(6)(A), (B), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: "Exception.—If the Administrator determines that a proposed project merits support and cannot be undertaken without a higher percentage of Federal financial assistance, the Administrator may award a grant for such project with a lesser matching requirement than is described in paragraph (1)."

Subsec. (i). Pub. L. 115–91, §3501(b), substituted "2018, 2019, and 2020 to carry out this section $35,000,000" for "2015 through 2017 to carry out this section—

"(1) $5,000,000 for training grants; and

"(2) $25,000,000 for capital and related improvements".

2014—Subsec. (i). Pub. L. 113–281 substituted "2015 through 2017" for "2009 through 2013" in introductory provisions.
46 U.S.C. § 7703 (2024) — Title 46: SHIPPING / Chapter 77 / Section 7703: Bases for suspension or revocation
Bases for suspension or revocation
Status: in_force

A license, certificate of registry, or merchant mariner's document issued by the Secretary may be suspended or revoked if the holder—

(1) when acting under the authority of that license, certificate, or document—

(A) has violated or fails to comply with this subtitle, a regulation prescribed under this subtitle, or any other law or regulation intended to promote marine safety or to protect navigable waters; or

(B) has committed an act of misconduct or negligence;

(2) is convicted of an offense that would prevent the issuance or renewal of a license, certificate of registry, or merchant mariner's document;

(3) within the 3-year period preceding the initiation of the suspension or revocation proceeding is convicted of an offense described in section 30304(a)(3)(A) or (B) of title 49;

(4) has committed an act of incompetence relating to the operation of a vessel; or

(5) is a security risk that poses a threat to the safety or security of a vessel or a public or commercial structure located within or adjacent to the marine environment.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 546; Pub. L. 99–36, §1(a)(9)(E), May 15, 1985, 99 Stat. 68; Pub. L. 101–380, title IV, §4103(b), Aug. 18, 1990, 104 Stat. 511; Pub. L. 108–293, title IV, §408, title VI, §609(3), Aug. 9, 2004, 118 Stat. 1044, 1058; Pub. L. 109–241, title IX, §901(h)(3), July 11, 2006, 120 Stat. 564.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

7703 
46:226
46:239

46:240

46:246(c)

This section provides the bases for suspension and revocation of a license, certificate or document. The individual must have been operating under the authority of the required license, certificate, or document and has violated a law or regulation intended to promote marine safety or to protect the navigable waters or has committed an act of incompetence, misconduct, or negligence.

Editorial Notes

Amendments

2006—Par. (3). Pub. L. 109–241 struck out "(23 U.S.C. 401 note)" after "of title 49".

2004—Par. (1)(B). Pub. L. 108–293, §408(1), substituted "misconduct or" for "incompetence, misconduct, or".

Par. (3). Pub. L. 108–293, §609(3), substituted "section 30304(a)(3)(A) or (B) of title 49" for "section 205(a)(3)(A) or (B) of the National Driver Register Act of 1982".

Pars. (4), (5). Pub. L. 108–293, §408(2)–(4), added pars. (4) and (5).

1990—Pub. L. 101–380 amended section generally. Prior to amendment, section read as follows: "A license, certificate of registry, or merchant mariner's document issued by the Secretary may be suspended or revoked if, when acting under the authority of that license, certificate, or document, the holder—

"(1) has violated or failed to comply with this subtitle, a regulation prescribed under this subtitle, or any other law or regulation intended to promote marine safety or to protect navigable waters.

"(2) has committed an act of incompetence, misconduct, or negligence."

1985—Pub. L. 99–36 substituted "certificate of registry," for first reference to "certificate,".

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. § 60109 (2024) — Title 46: SHIPPING / Chapter 601 / Section 60109: Duty to transport money and securities of the United States Government
Duty to transport money and securities of the United States Government
Status: in_force

Before being given clearance, a vessel owned by a citizen of the United States and bound on a voyage from a port in the United States to another port in the United States or in a foreign country, or on a voyage from a port in a foreign country to a port in the United States, shall receive on board any bullion, coin, notes, bonds, or other securities of the United States Government that an agency, consular officer, or other agent of the Government offers. The vessel shall transport the items securely and deliver them promptly to the proper authorities or consignees on arriving at the port of destination. Compensation shall be paid for services provided under this section that is equal to compensation paid to other carriers in the ordinary transaction of business.

(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)

60109
46 App.:98.
R.S. §4204; Apr. 5, 1906, ch. 1366, §3, 34 Stat. 100.

This section is substituted for the source provision to eliminate unnecessary words.
46 U.S.C. § 55108 (2024) — Title 46: SHIPPING / Chapter 551 / Section 55108: Platform jackets
Platform jackets
Status: in_force

(a) Definitions.—In this section:

(1) Coastwise qualified vessel.—The term "coastwise qualified vessel" means a vessel that has been issued a certificate of documentation with a coastwise endorsement under chapter 121 of this title.

(2) Platform jacket.—The term "platform jacket" refers to a single physical component and includes any type of offshore exploration, development, or production structure or component thereof, including—

(A) platform jackets;

(B) tension leg or SPAR platform superstructures (including the deck, drilling rig and support utilities, and supporting structure);

(C) hull (including vertical legs and connecting pontoons or vertical cylinder);

(D) tower and base sections of a platform jacket;

(E) jacket structures; and

(F) deck modules (known as "topsides").

(b) Authorized Transportation.—Section 55102 of this title does not apply to the transportation of a platform jacket in or on a non-coastwise qualified launch barge between two points in the United States, at one of which there is an installation or other device within the meaning of section 4(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1333(a)), if—

(1) the launch barge was built before December 31, 2000, and has a launch capacity of at least 12,000 long tons; and

(2) the Secretary of Transportation makes a determination, in accordance with procedures established under subsection (c), that a suitable coastwise qualified vessel is not available for use in the transportation and, if needed, launch or installation of a platform jacket.

(c) Procedures To Maximize Use of Coastwise Qualified Vessels.—The Secretary of Transportation shall adopt procedures implementing this section that are reasonably designed to provide timely information so as to maximize the use of coastwise qualified vessels. The procedures shall, among other things, establish that for purposes of this section, a coastwise qualified vessel shall be deemed to be not available only if—

(1) on application by an owner or operator for the use of a non-coastwise qualified launch barge for transportation of a platform jacket under this section (which application shall include all relevant information, including engineering details and timing requirements), the Secretary promptly publishes a notice in the Federal Register—

(A) describing the project and the platform jacket involved;

(B) advising that all relevant information reasonably needed to assess the transportation requirements for the platform jacket will be made available to interested parties on request; and

(C) requesting that information on the availability of coastwise qualified vessels be submitted within 30 days after publication of that notice; and

(2)(A) no information is submitted to the Secretary within that 30 day period; or

(B) the owner or operator of a coastwise qualified vessel submits information to the Secretary asserting that the owner or operator has a suitable coastwise qualified vessel available for the transportation, but the Secretary determines, within 90 days after the notice is first published, that the coastwise qualified vessel is not suitable or reasonably available for the transportation.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1636.)

Historical and Revision Notes

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

55108
46 App.:883 (last proviso).
June 5, 1920, ch. 250, §27 (last proviso), 41 Stat. 999; July 2, 1935, ch. 355, 49 Stat. 442; Pub. L. 101–329 [100–329], §1(a)(2), June 7, 1988, 102 Stat. 588; Pub. L. 107–295, title II, §213(c), Nov. 25, 2002, 116 Stat. 2100; Pub. L. 108–293, title IV, §417, Aug. 9, 2004, 118 Stat. 1048.

In subsection (a), the words "coastwise endorsement under chapter 121" are substituted for "coastwise endorsement under section 12106" because section 12106 is being restated in various sections in revised chapter 121.

In subsection (b), the words "Section 55102 of this title does not apply" are substituted for "shall not be deemed transportation subject to this section" for consistency in the chapter.
46 U.S.C. § 3302 (2024) — Title 46: SHIPPING / Chapter 33 / Section 3302: Exemptions
Exemptions
Status: in_force

(a) A vessel is not excluded from one category only because the vessel is—

(1) included in another category of section 3301 of this title; or

(2) excluded by this section from another category of section 3301 of this title.

(b) Except as provided in subsection (c)(3) of this section, a fishing vessel, including a vessel chartered part-time as a fish tender vessel, is exempt from section 3301(1), (7), (11), and (12) of this title.

(c)(1) Except as provided in paragraph (3) of this subsection, a fish processing vessel of not more than 5,000 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 is exempt from section 3301(1), (6), (7), (11), and (12) of this title.

(2) Except as provided in paragraphs (3) and (4) of this subsection, the following fish tender vessels are exempt from section 3301(1), (6), (7), (11), and (12) of this title:

(A) A vessel of not more than 500 gross tons as measured under section 14502 of this title or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title.

(B) A vessel engaged in the Aleutian trade that is not more than 2,500 gross tons as measured under section 14302 of this title.

(3)(A) A fishing vessel or fish processing vessel is exempt from section 3301(1), (6), and (7) of this title when transporting cargo (including fisheries-related cargo) to or from a place in Alaska if—

(i) that place does not receive weekly common carrier service by water from a place in the United States;

(ii) that place receives such common carrier service and the cargo is of a type not accepted by that common carrier service; or

(iii) the cargo is proprietary cargo owned by the owner of the vessel or any affiliated entity or subsidiary.

(B) A fish tender vessel of not more than 500 gross tons as measured under section 14502 of this title, or less than 500 gross tons as measured under section 14502 of this title, or is less than 2,500 gross tons as measured under section 14302 of this title, which is qualified to engage in the Aleutian trade is exempt from section 3301(1), (6), and (7) of this title when transporting cargo (including fisheries-related cargo) to or from a place in Alaska outside the Aleutian trade geographic area if—

(i) that place does not receive weekly common carrier service by water from a place in the United States;

(ii) that place receives such common carrier service and the cargo is of a type not accepted by that common carrier service; or

(iii) the cargo is proprietary cargo owned by the owner of the vessel or any affiliated entity or subsidiary.

(C) In this paragraph, the term "proprietary cargo" means cargo that—

(i) is used by the owner of the vessel or any affiliated entity or subsidiary in activities directly related to fishing or the processing of fish;

(ii) is consumed by employees of the owner of the vessel or any affiliated entity or subsidiary who are engaged in fishing or in the processing of fish; or

(iii) consists of fish or fish products harvested or processed by the owner of the vessel or any affiliated entity or subsidiary.

(D) Notwithstanding the restrictions in subparagraph (B) of this paragraph, vessels qualifying under subparagraph (B) may transport cargo (including fishery-related products) from a place in Alaska receiving weekly common carrier service by water to a final destination in Alaska not receiving weekly service by water from common carriers.

(4) A fish tender vessel is exempt from section 3301(1), (6), and (7) of this title when engaged in the Aleutian trade if the vessel—

(A) is not more than 500 gross tons as measured under section 14502 of this title, or less than 500 gross tons as measured under section 14502 of this title, or is less than 2,500 gross tons as measured under section 14302 of this title;

(B) has an incline test performed by a marine surveyor; and

(C) has written stability instructions posted on board the vessel.

(d)(1) A motor vessel of less than 150 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, constructed before August 23, 1958, is not subject to inspection under section 3301(1) of this title if the vessel is owned or demise chartered to a cooperative or association that only transports cargo owned by at least one of its members on a nonprofit basis between places within the waters of—

(A) southeastern Alaska shoreward of the Boundary Line; or

(B) southeastern Alaska shoreward of the Boundary Line and—

(i) Prince Rupert, British Columbia; or

(ii) waters of Washington shoreward of the Boundary Line, via sheltered waters, as defined in article I of the treaty dated December 9, 1933, between the United States and Canada defining certain waters as sheltered waters.

(2) The transportation authorized under this subsection is limited to and from places not receiving annual weekly transportation service from any part of the United States by an established water common carrier. However, the limitation does not apply to transporting cargo of a character not accepted for transportation by that carrier.

(e) A vessel laid up, dismantled, or out of commission is exempt from inspection.

(f) Section 3301(4) and (8) of this title does not apply to an oceanographic research vessel because it is carrying scientific personnel.

(g)(1) Except when compliance with major structural or major equipment requirements is necessary to remove an especially hazardous condition, an offshore supply vessel is not subject to regulations or standards for those requirements if the vessel—

(A) was operating as an offshore supply vessel before January 2, 1979; or

(B) was contracted for before January 2, 1979, and entered into service as an offshore supply vessel before October 6, 1980.

(2) This subsection does not apply to an offshore supply vessel that is at least 20 years of age.

(h) An offshore supply vessel operating on January 1, 1979, under a certificate of inspection issued by the Secretary, is subject to an inspection standard or requirement only if the standard or requirement could have been prescribed for the vessel under authority existing under law on October 5, 1980.

(i)(1) The Secretary may issue a permit exempting a vessel from any part of the requirements of this part for vessels transporting cargo, including bulk fuel, from one place in Alaska to another place in Alaska only if the vessel—

(A) is not more than 300 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;

(B) is in a condition that does not present an immediate threat to the safety of life or the environment; and

(C) was operating in the waters off Alaska as of June 1, 1976, or the vessel is a replacement for a vessel that was operating in the waters off Alaska as of June 1, 1976, if the vessel being replaced is no longer in service.

(2) Except in a situation declared to be an emergency by the Secretary, a vessel operating under a permit may not transport cargo to or from a place if the cargo could be transported by another commercial vessel that is reasonably available and that does not require exemptions to operate legally or if the cargo could be readily transported by overland routes.

(3) A permit may be issued for a specific voyage or for not more than one year. The permit may impose specific requirements about the amount or type of cargo to be carried, manning, the areas or specific routes over which the vessel may operate, or other similar matters. The duration of the permit and restrictions contained in the permit shall be at the sole discretion of the Secretary.

(4) A designated Coast Guard official who has reason to believe that a vessel issued a permit is in a condition or is operated in a manner that creates an immediate threat to the safety of life or the environment or is operated in a manner that is inconsistent with the terms of the permit, may direct the master or individual in charge to take immediate and reasonable steps to safeguard life and the environment, including directing the vessel to a port or other refuge.

(5) If a vessel issued a permit creates an immediate threat to the safety of life or the environment, or is operated in a manner inconsistent with the terms of the permit or the requirements of paragraph (2) of this subsection, the permit may be revoked. The owner, charterer, managing operator, agent, master, or individual in charge of a vessel issued a permit, that willfully permits the vessel to be operated, or operates, the vessel in a manner inconsistent with the terms of the permit, is liable to the United States Government for a civil penalty of not more than $1,000.

(j) Notwithstanding another provision of this chapter, the Secretary is not required to inspect or prescribe regulations for a nautical school vessel of not more than 15 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—

(1) when used in connection with a course of instruction dealing with any aspect of maritime education or study; and

(2) operated by—

(A) the United States Merchant Marine Academy; or

(B) a State maritime academy assisted under chapter 515 of this title.

(k) Only the boiler, engine, and other operating machinery of a steam vessel that is a recreational vessel of not more than 65 feet overall in length are subject to inspection under section 3301(9) of this title.

(l)(1) The Secretary may issue a permit exempting the following vessels from the requirements of this part for passenger vessels so long as the vessels are owned by nonprofit organizations and operated as nonprofit memorials to merchant mariners:

(A) The steamship John W. Brown (United States official number 242209), owned by Project Liberty Ship Baltimore, Incorporated, located in Baltimore, Maryland.

(B) The steamship Lane Victory (United States official number 248094), owned by the United States Merchant Marine Veterans of World War II, located in San Pedro, California.

(C) The steamship Jeremiah O'Brien (United States official number 243622), owned by the National Liberty Ship Memorial, Inc.

(D) The SS Red Oak Victory (United States official number 249410), owned by the Richmond Museum Association, located in Richmond, California.

(E) The SS American Victory (United States official number 248005), owned by Victory Ship, Inc., of Tampa, Florida.

(F) The LST–325, owned by USS LST Ship Memorial, Incorporated, located in Mobile, Alabama.

(2) The Secretary may issue a permit for a specific voyage or for not more than one year. The Secretary may impose specific requirements about the number of passengers to be carried, manning, the areas or specific routes over which the vessel may operate, or other similar matters.

(3) A designated Coast Guard official who has reason to believe that a vessel operating under this subsection is in a condition or is operated in a manner that creates an immediate threat to life or the environment or is operated in a manner that is inconsistent with this section, may direct the master or individual in charge to take immediate and reasonable steps to safeguard life and the environment, including directing the vessel to a port or other refuge.

(m) A seagoing barge or a Great Lakes barge is not subject to inspection under paragraph (6) or (13) of section 3301 of this title if the vessel is unmanned and does not carry—

(1) a hazardous material as cargo; or

(2) a flammable or combustible liquid, including oil, in bulk.

(n)(1) A seagoing motor vessel is not subject to inspection under section 3301(7) of this title if the vessel—

(A) is a recreational vessel (as defined in section 2101 of this title) over 300 gross tons as measured under section 14502, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title;

(B) does not carry any cargo or passengers for hire; and

(C) is found by the Secretary to comply with large recreational vessel regulations issued by the Secretary.

(2) This subsection shall apply only on and after the effective date of regulations referred to in paragraph (1)(C).

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 510; Pub. L. 98–364, title IV, §402(3), July 17, 1984, 98 Stat. 445; Pub. L. 99–307, §1(3), (4), May 19, 1986, 100 Stat. 444; Pub. L. 101–595, title III, §303(a), title VI, §§602(b), 603(2), Nov. 16, 1990, 104 Stat. 2983, 2990, 2993; Pub. L. 103–206, title III, §311, Dec. 20, 1993, 107 Stat. 2426; Pub. L. 104–324, title VII, §711, title XI, §1110, Oct. 19, 1996, 110 Stat. 3935, 3969; Pub. L. 106–65, div. C, title XXXVI, §3604, Oct. 5, 1999, 113 Stat. 976; Pub. L. 107–295, title II, §208, Nov. 25, 2002, 116 Stat. 2098; Pub. L. 109–241, title III, §311, July 11, 2006, 120 Stat. 530; Pub. L. 109–304, §15(11), Oct. 6, 2006, 120 Stat. 1703; Pub. L. 115–232, div. C, title XXXV, §§3529(b), 3546(c), Aug. 13, 2018, 132 Stat. 2319, 2326; Pub. L. 117–263, div. K, title CXII, §11216, Dec. 23, 2022, 136 Stat. 4017.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

3302 
46:367
46:390

46:391(e)

46:404

46:420

46:442

Section 3302 does three things. It makes clear that a vessel included in one of the ten categories of vessels subject to inspection is not necessarily excluded from another category of vessel that is subject to inspection. For example, a vessel inspected and certified as a small passenger vessel would, when carrying oil or hazardous materials in bulk as cargo or cargo residue, also have to be inspected as a tank vessel. It makes it clear that a vessel excluded by section 3302 from the requirements of inspection in any one of the ten categories is not necessarily excluded from inspection as a vessel in another category. This section also contains a number of exemptions for certain classes of vessels and for those vessels engaged in a specific trade that have been considered to be of a special circumstance.

Editorial Notes

Amendments

2022—Subsec. (m). Pub. L. 117–263, in introductory provisions, inserted "or a Great Lakes barge" after "seagoing barge" and substituted "paragraph (6) or (13) of section 3301 of this title" for "section 3301(6) of this title".

2018—Subsec. (g)(2). Pub. L. 115–232, §3546(c), substituted "This" for "After December 31, 1988, this".

Subsec. (n). Pub. L. 115–232, §3529(b), added subsec. (n).

2006—Subsec. (b). Pub. L. 109–304, §15(11)(A), inserted comma after "fishing vessel".

Subsec. (c)(2). Pub. L. 109–241, §311(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "Except as provided in paragraphs (3) and (4) of this subsection, a fish tender vessel of not more than 500 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title is exempt from section 3301(1), (6), (7), (11), and (12) of this title."

Subsec. (c)(3)(B), (4)(A). Pub. L. 109–241, §311(b), substituted "or less than 500 gross tons as measured under section 14502 of this title, or is less than 2,500 gross tons as measured under section 14302 of this title" for "or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title".

Subsec. (j)(2)(B). Pub. L. 109–304, §15(11)(B), substituted "chapter 515 of this title" for "section 1304 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1295c)".

Subsec. (l)(1)(C). Pub. L. 109–304, §15(11)(C), substituted "Inc." for "Inc..".

2002—Subsec. (l)(1)(D) to (F). Pub. L. 107–295 added subpars. (D) to (F).

1999—Subsec. (l)(1)(C). Pub. L. 106–65 substituted "owned by the National Liberty Ship Memorial, Inc." for "owned by the United States Maritime Administration".

1996—Subsec. (b). Pub. L. 104–324, §1110(1), substituted "Except as provided in subsection (c)(3) of this section, a fishing vessel" for "A fishing vessel,".

Subsec. (c)(1). Pub. L. 104–324, §§711(1), 1110(2), substituted "Except as provided in paragraph (3) of this subsection, a fish processing vessel" for "A fish processing vessel" and 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 "5,000 gross tons".

Subsec. (c)(2). Pub. L. 104–324, §§711(2), 1110(3), substituted "Except as provided in paragraphs (3) and (4) of this subsection, a fish tender vessel" for "A fish tender vessel" and inserted "as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title" after "500 gross tons".

Subsec. (c)(3). Pub. L. 104–324, §1110(4), amended par. (3) generally. Prior to amendment, par. (3) read as follows: "A fishing, fish processing, or fish tender vessel of not more than 500 gross tons is exempt from section 3301(1), (6), and (7) of this title if—

"(A) when transporting cargo to or from a place in Alaska—

"(i) that place does not receive weekly common carrier service by water from a place in the United States; or

"(ii) the cargo is of a type not accepted by that common carrier service; or

"(B) in the case of a fish tender vessel, the vessel is not engaged in the Aleutian trade."

Subsec. (c)(4)(A). Pub. L. 104–324, §711(3), inserted "as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title" after "500 gross tons".

Subsec. (d)(1). Pub. L. 104–324, §711(4), 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 "150 gross tons".

Subsec. (i)(1)(A). Pub. L. 104–324, §711(5), 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 "300 gross tons".

Subsec. (j). Pub. L. 104–324, §711(6), 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 "15 gross tons".

1993—Subsec. (m). Pub. L. 103–206 added subsec. (m).

1990—Subsec. (c)(3), (4). Pub. L. 101–595, §602(b), added pars. (3) and (4).

Subsec. (j)(2)(B). Pub. L. 101–595, §603(2), substituted "(46 App. U.S.C. 1295c)" for "(46 App. U.S.C. 1295(c))".

Subsec. (l). Pub. L. 101–595, §303(a), added subsec. (l).

1986—Subsec. (i)(5). Pub. L. 99–307, §1(3), substituted "charterer" for "charter".

Subsec. (k). Pub. L. 99–307, §1(4), added subsec. (k).

1984—Subsec. (b). Pub. L. 98–364 amended subsec. (b) generally, which prior to amendment read as follows: "A motor vessel engaged in fishing as a regular business, including oystering, clamming, crabbing, or the kelp or sponge industry, is exempt from section 3301(1), (4), and (7) of this title."

Subsec. (c). Pub. L. 98–364 amended subsec. (c) generally, which prior to amendment read as follows:

"(1) Before January 1, 1988, a motor vessel is exempt from section 3301(1), (4), and (7) of this title if the vessel is not more than 500 gross tons and—

"(A) is a cannery tender or a fishing tender in the salmon or crab fisheries of Alaska, Oregon, and Washington; and

"(B) only carries cargo to or from vessels in those fisheries or a facility used in processing or assembling fishery products, or transports cannery or fishing personnel to or from operating locations.

"(2) Before January 1, 1988, a vessel is exempt from section 3301(1), (4), (6), and (7) of this title if the vessel is not more than 5,000 gross tons and is used only in processing and assembling fishery products in the fisheries of Alaska, Oregon, and Washington."

Statutory Notes and Related Subsidiaries

Effective Date of 1990 Amendment

Amendment by section 602(b) of Pub. L. 101–595 effective Nov. 16, 1990, except that requirements imposed by subsec. (c)(4)(B) and (C), effective six months after Nov. 16, 1990, see section 602(f) of Pub. L. 101–595, set out as a note under section 4502 of this title.

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.

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.

Vessels Repaired or Retrofitted for Mobile Trade Fair Purposes Deemed Out of Commission

Pub. L. 100–418, title X, §10003(b), Aug. 23, 1988, 102 Stat. 1573, provided that: "For one year after the date of enactment of this Act [Aug. 23, 1988], a vessel that is undergoing repair or retrofitting for use solely for mobile trade fair purposes is deemed to be out of commission under section 3302(e) of title 46, United States Code, during the repair or retrofitting."

Exemption of Certain Fishing and Fish Processing Vessels

Pub. L. 98–364, title IV, §403, July 17, 1984, 98 Stat. 450, as amended by Pub. L. 99–36, §3, May 15, 1985, 99 Stat. 68; Pub. L. 101–225, title III, §306, Dec. 12, 1989, 103 Stat. 1925, provided that:

"(a) Except as provided in chapter 37 of title 46, United States Code, and before January 1, 1991, a fishing, fish processing, or fish tender vessel, that is (1) not more than 500 gross tons and (2) in operation, or contracted for purchase to be used as a vessel of this type, before July 1, 1984, may transport cargo to or from a place in Alaska not receiving weekly transportation service from a port of the United States by an established water common carrier, except that the service limitation does not apply to transporting cargo of a type not accepted by that carrier.

"(b) A fish processing vessel entered into service before January 1, 1988, and more than 1,600 gross tons or entered into service after December 31, 1987, and having more than 16 individuals on board primarily employed in the preparation of fish or fish products is exempt from section 8702(b) of title 46, United States Code, until 18 months after the date of enactment of this Act [July 17, 1984].

"(c) As used in subsections (a) and (b) of this section, the terms 'fishing vessel', 'fish processing vessel' and 'fish tender vessel' shall have the meaning given to such terms in section 2101 of title 46, United States Code."

Offshore Supply Vessels; Transition Period for Compliance With Vessel Inspection Provisions

Pub. L. 98–89, §2(i), Aug. 26, 1983, 97 Stat. 599, provided that: "Each offshore supply vessel described in section 3302(g) of title 46 (as enacted by section 1 of this Act), that was registered with the Secretary of Transportation under section 4426a(7) of the Revised Statutes [former 46 U.S.C. 404–1(7)] but that has not been inspected by the Secretary shall be held to be in compliance with all applicable vessel inspection laws pending verification by actual inspection or until one year after the date of enactment of this Act [Aug. 26, 1983], whichever is earlier."
46 U.S.C. § 57305 (2024) — Title 46: SHIPPING / Chapter 573 / Section 57305: Determination of trade-in allowance
Determination of trade-in allowance
Status: in_force

(a) In General.—The Secretary of Transportation shall determine the trade-in allowance for an obsolete vessel at the time of acquisition of the vessel. The allowance shall be the fair value of the vessel. In determining the value, the Secretary shall consider—

(1) the scrap value of the obsolete vessel in American and foreign markets;

(2) the depreciated value based on a 20-year or 25-year life, whichever applies to the obsolete vessel; and

(3) the market value of the obsolete vessel for operation in world commerce or in the domestic or foreign commerce of the United States.

(b) Use of Obsolete Vessels.—If acquisition of the obsolete vessel occurs when the owner contracts for the construction of the new vessel, and the owner uses the obsolete vessel during the period of construction of the new vessel, the Secretary shall reduce the trade-in allowance by an amount representing the fair value of that use. The Secretary shall establish the rate for use of the obsolete vessel when the contract for construction of the new vessel is made.

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

Historical and Revision Notes

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

57305(a)
46 App.:1160(b) (3d sentence), (d) (1st, 2d sentences).
June 29, 1936, ch. 858, title V, §510(b) (3d sentence), (d), as added Aug. 4, 1939, ch. 417, §7, 53 Stat. 1184; July 17, 1952, ch. 939, §8, 66 Stat. 762; Pub. L. 86–518, §1, June 12, 1960, 74 Stat. 216; Pub. L. 87–401, Oct. 5, 1961, 75 Stat. 833; Pub. L. 91–469, §35(a), Oct. 21, 1970, 84 Stat. 1035; Pub. L. 97–31, §12(91), Aug. 6, 1981, 95 Stat. 161.

57305(b)
46 App.:1160(d) (3d, last sentences).

In subsection (a), the words "fair value" are substituted for "fair and reasonable value" to eliminate unnecessary words. In paragraph (3), the word "commerce" is substituted for "trade" for consistency in the chapter.

In subsection (b), the words "for the entire period of such use" are omitted as unnecessary.
46 U.S.C. § 70303 (2024) — Title 46: SHIPPING / Chapter 703 / Section 70303: Security standards at foreign ports
Security standards at foreign ports
Status: in_force

(a) General Requirements.—The Secretary shall develop and implement a plan to assess the effectiveness of the security measures maintained at foreign ports that the Secretary, in consultation with the Secretary of State, determines pose a high risk of acts of terrorism against passenger vessels. In carrying out this subsection, the Secretary shall consult with the Secretary of State about the terrorist threat that exists in each country and poses a high risk of acts of terrorism against passenger vessels.

(b) Notice and Recommendations to Other Countries.—If the Secretary, after implementing the plan under subsection (a), determines that a port does not maintain and administer effective security measures, the Secretary of State (after being informed by the Secretary) shall—

(1) notify the appropriate government authorities of the country in which the port is located of the determination; and

(2) recommend steps necessary to bring the security measures at that port up to the standard used by the Secretary in making the assessment under subsection (a).

(c) Antiterrorism Assistance.—The President is encouraged to provide antiterrorism assistance related to maritime security under chapter 8 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2349aa et seq.) to foreign countries, especially for a port that the Secretary determines under subsection (b) does not maintain and administer effective security measures.

(Pub. L. 109–304, §10(2), Oct. 6, 2006, 120 Stat. 1684.)

Historical and Revision Notes

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

70303
46 App.:1803.
Pub. L. 99–399, title IX, §907(a), (b), (d), (e), Aug. 27, 1986, 100 Stat. 891.

Editorial Notes

References in Text

The Foreign Assistance Act of 1961, referred to in subsec. (c), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424. Chapter 8 of part II of the Act is classified generally to part VIII (§2349aa et seq.) of subchapter II of chapter 32 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of Title 22 and Tables.
46 U.S.C. § 70112 (2024) — Title 46: SHIPPING / Chapter 701 / Subchapter I / Section 70112: Maritime Security Advisory Committees
Maritime Security Advisory Committees
Status: in_force

(a) National Maritime Security Advisory Committee.—

(1) Establishment.—There is established a National Maritime Security Advisory Committee (in this subsection referred to as the "Committee").

(2) Function.—The Committee shall advise the Secretary on matters relating to national maritime security, including on enhancing the sharing of information related to cybersecurity risks that may cause a transportation security incident, between relevant Federal agencies and—

(A) State, local, and tribal governments;

(B) relevant public safety and emergency response agencies;

(C) relevant law enforcement and security organizations;

(D) maritime industry;

(E) port owners and operators; and

(F) terminal owners and operators.

(3) Membership.—

(A) In general.—The Committee shall consist of at least 8 members, but not more than 21 members, appointed by the Secretary in accordance with this subsection and section 15109 of this title.

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

(C) Representation.—Each of the following shall be represented by at least 1 member of the Committee:

(i) Port authorities.

(ii) Facilities owners and operators.

(iii) Terminal owners and operators.

(iv) Vessel owners and operators.

(v) Maritime labor organizations.

(vi) The academic community.

(vii) State and local governments.

(viii) The maritime industry.

(D) Distribution.—If the Committee consists of at least 8 members who, together, satisfy the minimum representation requirements of subparagraph (C), the Secretary shall, based on the needs of the Coast Guard, determine the number of additional members of the Committee who represent each entity specified in that subparagraph. Neither this subparagraph nor any other provision of law shall be construed to require an equal distribution of members representing each entity specified in subparagraph (C).

(4) Administration.—For purposes of section 15109 of this title, the Committee shall be treated as a committee established under chapter 151 of such title.

(b) Area Maritime Security Advisory Committees.—

(1) In general.—

(A) Establishment.—The Secretary may—

(i) establish an Area Maritime Security Advisory Committee for any port area of the United States; and

(ii) request such a committee to review the proposed Area Maritime Transportation Security Plan developed under section 70103(b) and make recommendations to the Secretary that the committee considers appropriate.

(B) Additional functions and meetings.—A committee established under this subsection for an area—

(i) may advise, consult with, report to, and make recommendations to the Secretary on matters relating to maritime security in that area;

(ii) may make available to the Congress recommendations that the committee makes to the Secretary; and

(iii) shall meet at the call of—

(I) the Secretary, who shall call such a meeting at least once during each calendar year; or

(II) a majority of the committee.

(2) Membership.—

(A) In general.—Each committee established under this subsection shall consist of at least 7 members appointed by the Secretary, each of whom has at least 5 years practical experience in maritime security operations.

(B) Terms.—The term of each member of a committee established under this subsection shall be for a period of not more than 5 years, specified by the Secretary.

(C) Notice.—Before appointing an individual to a position on a committee established under this subsection, the Secretary shall publish a notice in the Federal Register soliciting nominations for membership on the committee.

(D) Background examinations.—The Secretary may require an individual to have passed an appropriate security background examination before appointment to a committee established under this subsection.

(E) Representation.—Each committee established under this subsection shall be composed of individuals who represent the interests of the port industry, terminal operators, port labor organizations, and other users of the port areas.

(3) Chairperson and vice chairperson.—

(A) In general.—Each committee established under this subsection shall elect 1 of the committee's members as the Chairperson and 1 of the committee's members as the Vice Chairperson.

(B) Vice chairperson acting as chairperson.—The Vice Chairperson shall act as Chairperson in the absence or incapacity of the Chairperson, or in the event of a vacancy in the office of the Chairperson.

(4) Observers.—

(A) In general.—The Secretary shall, and the head of any other interested Federal agency may, designate a representative to participate as an observer with a committee established under this subsection.

(B) Role.—The Secretary's designated representative to a committee established under this subsection shall act as the executive secretary of the committee and shall perform the duties set forth in section 1009(c) of title 5.

(5) Consideration of views.—The Secretary shall consider the information, advice, and recommendations of each committee established under this subsection in formulating policy regarding matters affecting maritime security.

(6) Compensation and expenses.—

(A) In general.—A member of a committee established under this subsection, when attending meetings of the committee or when otherwise engaged in the business of the committee, is entitled to receive—

(i) compensation at a rate fixed by the Secretary, not exceeding the daily equivalent of the current rate of basic pay in effect for GS–15 of the General Schedule under section 5332 of title 5 including travel time; and

(ii) travel or transportation expenses under section 5703 of title 5.

(B) Status.—A member of a committee established under this subsection shall not be considered to be an officer or employee of the United States for any purpose based on the receipt of any payment under this paragraph.

(7) Chapter 10 of title 5.—Chapter 10 of title 5 does not apply to a committee established under this subsection.

(Added Pub. L. 107–295, title I, §102(a), Nov. 25, 2002, 116 Stat. 2081; amended Pub. L. 108–293, title VIII, §806, Aug. 9, 2004, 118 Stat. 1082; Pub. L. 109–241, title IX, §901(m), July 11, 2006, 120 Stat. 565; Pub. L. 111–281, title VIII, §810, Oct. 15, 2010, 124 Stat. 2995; Pub. L. 115–254, div. J, §1805(c)(1), Oct. 5, 2018, 132 Stat. 3534; Pub. L. 115–282, title VI, §602(a), Dec. 4, 2018, 132 Stat. 4290; Pub. L. 117–286, §4(a)(294), (295), Dec. 27, 2022, 136 Stat. 4338.)

Editorial Notes

Amendments

2022—Subsec. (b)(4)(B). Pub. L. 117–286, §4(a)(294), substituted "section 1009(c) of title 5." for "section 10(c) of the Federal Advisory Committee Act (5 U.S.C. App.)."

Subsec. (b)(7). Pub. L. 117–286, §4(a)(295), substituted "Chapter 10 of title 5" for "FACA" in heading and "Chapter 10 of title 5" for "The Federal Advisory Committee Act (5 U.S.C. App.)" in text.

2018—Pub. L. 115–282, §602(a), amended section generally. Prior to amendment, section required Secretary to establish a National Maritime Security Advisory Committee and authorized Secretary to establish an Area Maritime Security Advisory Committee for any port area of the United States.

Subsec. (a)(1)(A). Pub. L. 115–254 inserted ", including on enhancing the sharing of information related to cybersecurity risks that may cause a transportation security incident, between relevant Federal agencies and—" in introductory provisions and added cls. (i) to (vi).

2010—Subsec. (b)(5). Pub. L. 111–281, §810(1), amended par. (5) generally. Prior to amendment par. (5) read as follows: "The membership of an Area Maritime Security Advisory Committee shall include representatives of the port industry, terminal operators, port labor organizations, and other users of the port areas."

Subsec. (g)(1)(A). Pub. L. 111–281, §810(2)(A), substituted "2020;" for "2008;".

Subsec. (g)(2). Pub. L. 111–281, §810(2)(B), substituted "2018" for "2006".

2006—Subsec. (b)(5). Pub. L. 109–241 realigned margins.

2004—Subsec. (b)(5). Pub. L. 108–293 added par. (5).

Statutory Notes and Related Subsidiaries

Treatment of Existing Committee

Pub. L. 115–282, title VI, §602(b), Dec. 4, 2018, 132 Stat. 4293, provided that: "Notwithstanding any other provision of law—

"(1) an advisory committee substantially similar to the National Maritime Security Advisory Committee established under section 70112(a) of title 46, United States Code, as amended by this section, and that was in force or in effect on the day before the date of enactment of this section [Dec. 4, 2018], may remain in force or in effect for a period of 2 years from the date of enactment of this section, including that the charter, membership, and other aspects of the committee may remain in force or in effect; and

"(2) during the 2-year period referenced in paragraph (1)—

"(A) requirements relating to the National Maritime Security Advisory Committee established under section 70112(a) of title 46, United States Code, as amended by this section, shall be treated as satisfied by the substantially similar advisory committee; and

"(B) the enactment of this section, including the amendments made in this section, shall not be the basis—

"(i) to deem, find, or declare such committee, including the charter, membership, and other aspects thereof, void, not in force, or not in effect;

"(ii) to suspend the activities of such committee; or

"(iii) to bar the members of such committee from meeting."

Cybersecurity Information Sharing and Coordination in Ports

Pub. L. 115–254, div. J, §1805(a), Oct. 5, 2018, 132 Stat. 3533, provided that:

"(a) Maritime Cybersecurity Risk Assessment Model.—The Secretary of Homeland Security, through the Commandant of the Coast Guard and the Under Secretary responsible for overseeing the critical infrastructure protection, cybersecurity, and other related programs of the Department of Homeland Security, shall—

"(1) not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], coordinate with the National Maritime Security Advisory Committee, the Area Maritime Security Advisory Committees, and other maritime stakeholders, as necessary, to develop and implement a maritime cybersecurity risk assessment model, consistent with the activities described in section 2(e) of the National Institute of Standards and Technology Act (15 U.S.C. 272(e)), to evaluate current and future cybersecurity risks that have the potential to affect the marine transportation system or that would cause a transportation security incident (as defined in section 70101 of title 46, United States Code) in ports; and

"(2) not less than biennially thereafter, evaluate the effectiveness of the cybersecurity risk assessment model established under paragraph (1)."

Information Sharing

Pub. L. 115–254, div. J, §1805(c)(2), Oct. 5, 2018, 132 Stat. 3534, provided that: "The Commandant of the Coast Guard and the Under Secretary responsible for overseeing the critical infrastructure protection, cybersecurity, and other related programs of the Department of Homeland Security shall—

"(A) ensure there is a process for each Area Maritime Security Advisory Committee established under section 70112 of title 46, United States Code—

"(i) to facilitate the sharing of information related to cybersecurity risks that may cause transportation security incidents;

"(ii) to timely report transportation security incidents to the national level; and

"(iii) to disseminate such reports across the entire maritime transportation system via the National Cybersecurity and Communications Integration Center; and

"(B) issue voluntary guidance for the management of such cybersecurity risks in each Area Maritime Transportation Security Plan and facility security plan required under section 70103 of title 46, United States Code, approved after the date that the cybersecurity risk assessment model is developed under subsection (a) of this section [set out as a note above]."
46 U.S.C. § 57533 (2024) — Title 46: SHIPPING / Chapter 575 / Subchapter III / Section 57533: Vessel chartering authority
Vessel chartering authority
Status: in_force

The Secretary of Transportation may enter into contracts or other agreements on behalf of the United States to purchase, charter, operate, or otherwise acquire the use of any vessels documented under chapter 121 of this title and any other related real or personal property. The Secretary is authorized to use this authority as the Secretary deems appropriate.

(Added Pub. L. 110–181, div. C, title XXXV, §3511(a), Jan. 28, 2008, 122 Stat. 593.)
46 U.S.C. § 31309 (2024) — Title 46: SHIPPING / Chapter 313 / Subchapter I / Section 31309: General civil penalty
General civil penalty
Status: in_force

Except as otherwise provided in this chapter, a person violating this chapter or a regulation prescribed under this chapter is liable to the United States Government for a civil penalty of not more than $10,000.

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

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

31309 
New

Section 31309 provides for a civil penalty of not more than $10,000 for a violation of this chapter or a regulation prescribed under this chapter.

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. § 57101 (2024) — Title 46: SHIPPING / Chapter 571 / Section 57101: Placement of vessels in National Defense Reserve Fleet
Placement of vessels in National Defense Reserve Fleet
Status: in_force

(a) In General.—Any vessel acquired by the Maritime Administration of 1,500 gross tons or more or such other vessels as the Secretary of Transportation determines are appropriate shall be placed in the National Defense Reserve Fleet.

(b) Removal From Fleet.—A vessel placed in the Fleet under subsection (a) may not be traded out or sold from the Fleet, except as provided in section 57102, 57103, or 57104 or chapter 533, 537, 573, or 575 of this title, or section 308704 of title 54.

(c) Authority of Federal Entities To Transfer Vessels.—All Federal entities are authorized to transfer vessels to the National Defense Reserve Fleet without reimbursement subject to the approval of the Secretary of Transportation and the Secretary of the Navy with respect to Ready Reserve Force vessels and the Secretary of Transportation with respect to all other vessels.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1658; Pub. L. 112–213, title IV, §§406, 407, Dec. 20, 2012, 126 Stat. 1571; Pub. L. 115–91, div. C, title XXXV, §3502(b)(7), Dec. 12, 2017, 131 Stat. 1911; Pub. L. 118–31, div. C, title XXXV, §3514(j)(3), Dec. 22, 2023, 137 Stat. 811.)

Historical and Revision Notes

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

57101
46 App.:1160(j).
June 29, 1936, ch. 858, title V, §510(j), as added Pub. L. 89–254, §2, Oct. 10, 1965, 79 Stat. 980; Pub. L. 97–31, §12(91), Aug. 6, 1981, 95 Stat. 161.

In subsection (a), the words "vessel acquired by the Maritime Administration" are substituted for "vessel heretofore or hereafter acquired under this section, or otherwise acquired by the Maritime Administration of the Department of Transportation under any other authority" to eliminate unnecessary words.

In subsection (b), the words "except as provided in section 57102, 57103, or 57104 or chapter 533, 537, 573, or 575 of this title" are substituted for "except as provided for in subsections (g) and (i) of this section. This limitation shall not affect the rights of the Secretary of Transportation to dispose of a vessel as provided in other sections of this subchapter or in subchapters VII or XI of this chapter" because of the restatement.

Editorial Notes

Amendments

2023—Subsec. (b). Pub. L. 118–31 inserted ", or section 308704 of title 54" before period at end.

2017—Subsec. (a). Pub. L. 115–91, which directed striking out "maintained under section 11 of the Merchant Ship Sales Act of 1946 (50 App. 1744)", was executed by striking out "maintained under section 11 of the Merchant Ship Sales Act of 1946 (50 App. U.S.C. 1744)" before period at end, to reflect the probable intent of Congress.

2012—Subsec. (a). Pub. L. 112–213, §406, inserted "of 1,500 gross tons or more or such other vessels as the Secretary of Transportation determines are appropriate" after "Administration".

Subsec. (c). Pub. L. 112–213, §407, added subsec. (c).
46 U.S.C. § 51504 (2024) — Title 46: SHIPPING / Chapter 515 / Section 51504: Use of training vessels
Use of training vessels
Status: in_force

(a) Applications To Use Vessels.—The Governor of a State sponsoring a State maritime academy (or the Governor of the State designated to conduct the affairs of a regional maritime academy) may apply in writing to the Secretary of Transportation to obtain the use of a training vessel for the academy. A vessel provided under this section remains the property of the United States Government.

(b) General Authority.—Subject to subsection (c), the Secretary may provide to a State maritime academy, for use as a training vessel, a suitable vessel under the control of the Secretary or made available to the Secretary under subsection (e). If a suitable vessel is not available, the Secretary may build and provide a suitable vessel.

(c) Approval Requirements.—The Secretary may provide a vessel under this section only if—

(1) an application has been made under subsection (a);

(2) the State maritime academy satisfies section 51506(a) of this title; and

(3) a suitable port will be available for the safe mooring of the vessel while the academy is using the vessel.

(d) Preparation and Maintenance.—A vessel provided under this section shall be—

(1) repaired, reconditioned, and equipped (with all apparel, charts, books, and instruments of navigation) as necessary for use as a training vessel; and

(2) maintained in good repair by the Secretary.

(e) Agency Vessels.—An agency may provide to the Secretary, for use by a State maritime academy, a vessel (including equipment) that—

(1) is suitable for training purposes; and

(2) can be provided without detriment to the service to which the vessel is assigned.

(f) Fuel Costs.—

(1) In general.—Subject to the availability of appropriations, the Secretary shall pay to each State maritime academy the costs of fuel used by a vessel provided under this section while used for training.

(2) Maximum amounts.—The amount of the payment to a State maritime academy under paragraph (1) may not exceed—

(A) $100,000 for fiscal year 2006;

(B) $200,000 for fiscal year 2007; and

(C) $300,000 for fiscal year 2008 and each fiscal year thereafter.

(g) Vessel Sharing.—

(1) In general.—Not later than 90 days after the date of enactment of the National Defense Authorization Act for Fiscal Year 2019, the Secretary, acting through the Maritime Administrator, shall upon consultation with the maritime academies, and to the extent feasible with the consent of the maritime academies, implement a program of training vessel sharing, requiring maritime academies to share training vessel 1 provided by the Secretary among maritime academies, as necessary to ensure that training needs of each academy are met.

(2) Program of vessel sharing.—For purposes of this subsection, a program of vessel sharing shall include—

(A) ways to maximize the available underway training available in the fleet of training vessels;

(B) coordinating the dates and duration of training cruises with the academic calendars of maritime academies;

(C) coordinating academic programs designed to be implemented aboard training vessels among maritime academies; and

(D) identifying ways to minimize costs.

(3) Additional funding.—Subject to the availability of appropriations, the Maritime Administrator may provide additional funding to State maritime academies during periods of limited training vessel capacity, for costs associated with training vessel sharing.

(4) Evaluation.—Not later than 30 days after the beginning of each fiscal year, the Secretary, acting through the Maritime Administrator, shall evaluate the vessel sharing program under this subsection to determine the optimal utilization of State maritime training vessels, and modify the program as necessary to improve utilization.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1577; Pub. L. 109–163, div. C, title XXXV, §3502(b), Jan. 6, 2006, 119 Stat. 3548; Pub. L. 110–181, div. C, title XXXV, §3523(a)(2), (b), Jan. 28, 2008, 122 Stat. 599, 600; Pub. L. 115–232, div. C, title XXXV, §3505, Aug. 13, 2018, 132 Stat. 2308.)

Historical and Revision Notes

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

51504(a)
46 App.:1295c(c)(1) (A)(ii), (v).
June 29, 1936, ch. 858, title XIII, §1304(c)(1), (2), as added Pub. L. 96–453, §2, Oct. 15, 1980, 94 Stat. 2003.

51504(b)
46 App.:1295c(c)(1) (A) (1st sentence words before "meeting the requirements").

51504(c)(1)
46 App.:1295c(c)(1) (A)(ii).

51504(c)(2)
46 App.:1295c(c)(1) (A) (1st sentence words beginning with "meeting the requirements").

51504(c)(3)
46 App.:1295c(c)(1) (A)(iii).

51504(d)(1)
46 App.:1295c(c)(1) (A)(i).

51504(d)(2)
46 App.:1295c(c)(1) (A)(iv).

51504(e)
46 App.:1295c(c)(1) (B).

51504(f)
46 App.:1295c(c)(2).

51504(g)
46 App.:1295c note.
Pub. L. 101–115, §4, Oct. 13, 1989, 103 Stat. 692; Pub. L. 101–595, title VII, §705, Nov. 16, 1990, 104 Stat. 2994.

In subsection (a), the reference to territories is omitted as unnecessary because of the definition of "State" in chapter 1 of the revised title.

In subsection (e), before paragraph (1), the word "agency" is substituted for "department or agency of the United States" because of the definition of "agency" in chapter 1 of the revised title.

In subsection (g), the 1st–3d sentences of section 4 of Public Law 101–115 are omitted as obsolete.

Editorial Notes

References in Text

The date of enactment of the National Defense Authorization Act for Fiscal Year 2019, referred to in subsec. (g)(1), is the date of enactment of Pub. L. 115–232, which was approved Aug. 13, 2018.

Amendments

2018—Subsec. (g). Pub. L. 115–232 amended subsec. (g) generally. Prior to amendment, subsec. (g) related to removing vessels from service and vessel sharing.

2008—Pub. L. 110–181, §3523(b), repealed Pub. L. 109–163, §3502(b). See 2006 Amendment note below.

Subsec. (f). Pub. L. 110–181, §3523(a)(2), incorporated the substance of the amendment by Pub. L. 109–163, §3502(b), by amending heading and text of subsec. (f) generally. Prior to amendment, text read as follows: "The Secretary may pay to a State maritime academy the costs of fuel used by a vessel provided under this section while used for training." 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, §3502(b), which directed the amendment of section 1295c(c)(2) of the former Appendix to this title from which subsec. (f) of this section was derived, was repealed by Pub. L. 110–181, §3523(b). See 2008 Amendment note for subsec. (f) and Historical and Revision notes above.

1 So in original. Probably should be "vessels".
46 U.S.C. § 3718 (2024) — Title 46: SHIPPING / Chapter 37 / Section 3718: Penalties
Penalties
Status: in_force

(a)(1) A person violating this chapter or a regulation prescribed under this chapter is liable to the United States Government for a civil penalty of not more than $25,000. Each day of a continuing violation is a separate violation.

(2) Each vessel to which this chapter applies that is operated in violation of this chapter or a regulation prescribed under this chapter is liable in rem for a civil penalty under this subsection.

(b) A person willfully and knowingly violating this chapter or a regulation prescribed under this chapter commits a class D felony.

(c) Instead of the penalties provided by subsection (b) of this section, a person willfully and knowingly violating this chapter or a regulation prescribed under this chapter, and using a dangerous weapon, or engaging in conduct that causes bodily injury or fear of imminent bodily injury to an official authorized to enforce this chapter or a regulation prescribed under this chapter, commits a class C felony.

(d) The district courts of the United States have jurisdiction to restrain a violation of this chapter or a regulation prescribed under this chapter.

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

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

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 527; Pub. L. 101–380, title IV, §4302(c), Aug. 18, 1990, 104 Stat. 538; Pub. L. 104–324, title III, §312(d), Oct. 19, 1996, 110 Stat. 3921; Pub. L. 109–304, §15(17), Oct. 6, 2006, 120 Stat. 1703.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

3718 
46:391a(14)

Section 3718 provides the authority to assess civil penalties for violation of the chapter or regulations. Each violation subjects the violator to a penalty not to exceed $25,000 for each violation and, in the case of a continuing violation, each day shall constitute a separate violation and the vessel is liable in rem. The procedures for assessing penalties are found in section 2107 of part A.

With respect to criminal penalties, a willful or knowing violation of the section or a regulation subjects the offender, upon conviction, to a criminal fine of not more than $50,000 for each violation or imprisonment for not more than 1 year, or both. If the willful and knowing violation involves the use of a dangerous weapon or constitutes an assault or battery, the offender is subjected to a fine of not more than $100,000 or imprisonment of not more than 10 years, or both.

In addition, where the owner or operator of the vessel is subject to any of the penalties prescribed, the Secretary of the Treasury is directed to withhold required Customs clearance, at the request of the Secretary. Clearance may be granted upon the filing of a bond or other surety satisfactory to the Secretary.

Editorial Notes

Amendments

2006—Subsec. (e)(1). Pub. L. 109–304 substituted "Secretary of Homeland Security" and "section 60105 of this title" for "Secretary of the Treasury" and "section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91)", respectively.

1996—Subsec. (e). Pub. L. 104–324 amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: "At the request of the Secretary, the Secretary of the Treasury shall withhold or revoke the clearance required by section 4197 of the Revised Statutes (46 App. U.S.C. 91) of a vessel the owner or operator of which is subject to a penalty under this section. Clearance may be granted on filing a bond or other surety satisfactory to the Secretary."

1990—Subsec. (b). Pub. L. 101–380, §4302(c)(1), substituted "commits a class D felony" for "shall be fined not more than $50,000, imprisoned for not more than 5 years, or both".

Subsec. (c). Pub. L. 101–380, §4302(c)(2), substituted "commits a class C felony" for "shall be fined not more than $100,000, imprisoned for not more than 10 years, or both".

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. § 31111 (2024) — Title 46: SHIPPING / Chapter 311 / Section 31111: Claims by nationals of foreign countries
Claims by nationals of foreign countries
Status: in_force

A national of a foreign country may not maintain a civil action under this chapter unless it appears to the satisfaction of the court in which the action is brought that the government of that country, in similar circumstances, allows nationals of the United States to sue in its courts.

(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)

31111
46 App.:785.
Mar. 3, 1925, ch. 428, §5, 43 Stat. 1113.
46 U.S.C. § 56103 (2024) — Title 46: SHIPPING / Chapter 561 / Section 56103: Conditional approvals
Conditional approvals
Status: in_force

(a) In General.—In approving an act or transaction under section 56101 or 56102 of this title, the Secretary of Transportation may do so absolutely or upon conditions the Secretary considers advisable. The Secretary shall state the conditions in the notice of approval.

(b) Violations.—A violation of a condition of approval is subject to the same penalties as a violation resulting from an act done without the required approval. The violation occurs at the time the condition is violated.

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

Historical and Revision Notes

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

56103
46 App.:839 (1st par.).
Sept. 7, 1916, ch. 451, §41 (1st par.), as added July 15, 1918, ch. 152, §4, 40 Stat. 902; Exec. Order No. 6166, June 10, 1933, §12; June 29, 1936, ch. 858, title II, §204, title IX, §904, 49 Stat. 1987, 2016; Pub. L. 97–31, §12(32), Aug. 6, 1981, 95 Stat. 156.

This section is substituted for the source provision to eliminate unnecessary words.