46 U.S.C. § 51505 (2024) — Title 46: SHIPPING / Chapter 515 / Section 51505: Annual payments for maintenance and support
Annual payments for maintenance and support
Status: in_force

(a) Payment Agreements.—The Secretary of Transportation may make an agreement (effective for not more than 4 years) with the following academies to provide annual payments to those academies for their maintenance and support:

(1) One State maritime academy in each State that satisfies section 51506(a) of this title.

(2) Each regional maritime academy that satisfies section 51506(a) of this title.

(b) Payments.—

(1) In general.—Subject to paragraph (2), an annual payment to an academy under subsection (a) shall be at least equal to the amount given to the academy for its maintenance and support by the State in which it is located, or, for a regional maritime academy, by all States cooperating to sponsor the academy.

(2) Maximum.—The amount under paragraph (1) may not be more than $25,000, unless the academy satisfies section 51506(b) of this title.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1578; Pub. L. 109–163, div. C, title XXXV, §3502(a), Jan. 6, 2006, 119 Stat. 3547; Pub. L. 110–181, div. C, title XXXV, §3523(a)(3), (b), Jan. 28, 2008, 122 Stat. 599, 600; Pub. L. 115–232, div. C, title XXXV, §3515(d), Aug. 13, 2018, 132 Stat. 2313.)

Historical and Revision Notes

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

51505
46 App.:1295c(d)(1).
June 29, 1936, ch. 858, title XIII, §1304(d)(1), as added Pub. L. 96–453, §2, Oct. 15, 1980, 94 Stat. 2004; Pub. L. 101–115, §5, Oct. 13, 1989, 103 Stat. 693.

In subsection (b)(1), the reference to territories is omitted as unnecessary because of the definition of "State" in chapter 1 of the revised title.

Editorial Notes

Amendments

2018—Subsec. (b)(2). Pub. L. 115–232 amended par. (2) generally. Prior to amendment, text read as follows: "The amount under paragraph (1) may not be more than $25,000. However, if the academy satisfies section 51506(b) of this title, the amount shall be—

"(A) $100,000 for a State maritime academy; and

"(B) $300,000 for fiscal year 2006, $400,000 for fiscal year 2007, and $500,000 for fiscal year 2008 and each fiscal year thereafter for a regional maritime academy."

2008—Pub. L. 110–181, §3523(b), repealed Pub. L. 109–163, §3502(a). See 2006 Amendment note below.

Subsec. (b)(2)(B). Pub. L. 110–181, §3523(a)(3), incorporated the substance of the amendment by Pub. L. 109–163, §3502(a), into this section by substituting "$300,000 for fiscal year 2006, $400,000 for fiscal year 2007, and $500,000 for fiscal year 2008 and each fiscal year thereafter" for "$200,000". 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(a), which directed the amendment of section 1295c(d)(1) of the former Appendix to this title from which this section was derived, was repealed by Pub. L. 110–181, §3523(b). See 2008 Amendment note for subsec. (b)(2)(B) and Historical and Revision notes above.
46 U.S.C. § 31106 (2024) — Title 46: SHIPPING / Chapter 311 / Section 31106: Exoneration and limitation
Exoneration and limitation
Status: in_force

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

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

Historical and Revision Notes

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

31106
46 App.:789.
Mar. 3, 1925, ch. 428, §9, 43 Stat. 1113.
46 U.S.C. § 57105 (2024) — Title 46: SHIPPING / Chapter 571 / Section 57105: Acquisition of vessels for essential services, routes, or lines
Acquisition of vessels for essential services, routes, or lines
Status: in_force

(a) In General.—The Secretary of Transportation may acquire a vessel, by purchase or otherwise, if—

(1) the Secretary considers the vessel necessary to establish, maintain, improve, or serve as a replacement on an essential service, route, or line in the foreign commerce of the United States, as determined under section 50103 of this title;

(2) the vessel was constructed in the United States; and

(3) the Secretary of the Navy has certified to the Secretary of Transportation that the vessel is suitable for economical and speedy conversion into a naval or military auxiliary or otherwise suitable for use by the United States Government in time of war or national emergency.

(b) Price.—The price paid for the vessel shall be based on a fair and reasonable valuation. However, the price may not exceed by more than 5 percent the cost of the vessel to the owner (excluding any construction-differential subsidy and the cost of national defense features paid by the Secretary of Transportation) plus the actual cost previously expended for reconditioning, less depreciation based on a 25-year life for a dry-cargo or passenger vessel and a 20-year life for a tanker or other liquid bulk carrier vessel.

(c) Documentation.—A vessel acquired under this section that is not documented under the laws of the United States at the time of acquisition shall be so documented as soon as practicable.

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

Historical and Revision Notes

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

57105
46 App.:1125.
June 29, 1936, ch. 858, title II, §215, as added June 23, 1938, ch. 600, §4, 52 Stat. 954; Pub. L. 86–518, §1, June 12, 1960, 74 Stat. 216; Pub. L. 97–31, §12(73), Aug. 6, 1981, 95 Stat. 160.

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

In subsection (a), the words "and to pay for the same out of his construction fund" are omitted as obsolete because the construction fund established under 46 App. U.S.C. 1116 was impliedly abolished by 46 App. U.S.C. 1119, as amended.

In subsection (b), the words "less depreciation based on a 25-year life for a dry-cargo or passenger vessel and a 20-year life for a tanker or other liquid bulk carrier vessel" are substituted for "less depreciation based upon a twenty-five year life expectancy of the vessel" because of section 9 of Public Law 86–518 (June 12, 1960, 74 Stat. 217), which provided that "Nothing in any amendment made by this Act [including section 1 substituting 'twenty-five' for 'twenty' in 46 App. U.S.C. 1125] shall operate or be interpreted to change from twenty to twenty-five years the provisions of the Merchant Marine Act, 1936, as amended, relating to the commercial expectancy or period of depreciation of any tanker or other liquid bulk carrier."
46 U.S.C. § 53912 (2024) — Title 46: SHIPPING / Chapter 539 / Section 53912: Repealed. Pub. L. 115-232, div. C, title XXXV, §3504(a), Aug. 13, 2018, 132 Stat. 2308
Repealed. Pub. L. 115-232, div. C, title XXXV, §3504(a), Aug. 13, 2018, 132 Stat. 2308
Status: repealed

[§53912. Repealed. Pub. L. 115–232, div. C, title XXXV, §3504(a), Aug. 13, 2018, 132 Stat. 2308]

Section, Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1632; Pub. L. 110–417, div. C, title XXXV, §3509, Oct. 14, 2008, 122 Stat. 4769; Pub. L. 113–66, div. C, title XXXV, §3502, Dec. 26, 2013, 127 Stat. 1085, set an expiration date of authority to provide insurance and reinsurance under this chapter.
46 U.S.C. § 10902 (2024) — Title 46: SHIPPING / Chapter 109 / Section 10902: Complaints of unfitness
Complaints of unfitness
Status: in_force

(a)(1) If the chief and second mates or a majority of the crew of a vessel ready to begin a voyage discover, before the vessel leaves harbor, that the vessel is unfit as to crew, hull, equipment, tackle, machinery, apparel, furniture, provisions of food or water, or stores to proceed on the intended voyage and require the unfitness to be inquired into, the master immediately shall apply to the district court of the United States at the place at which the vessel is located, or, if no court is being held at the place at which the vessel is located, to a judge or justice of the peace, for the appointment of surveyors. At least 2 complaining seamen shall accompany the master to the judge or justice of the peace.

(2) A master failing to comply with this subsection is liable to the United States Government for a civil penalty of $500.

(b)(1) Any 3 seamen of a vessel may complain that the provisions of food or water for the crew are, at any time, of bad quality, unfit for use, or deficient in quantity. The complaint may be made to the Secretary, commanding officer of a United States naval vessel, consular officer, or chief official of the Customs Service.

(2) The Secretary, officer, or official shall examine, or have examined, the provisions of food or water. If the provisions are found to be of bad quality, unfit for use, or deficient in quantity, the person making the findings shall certify to the master of the vessel which provisions are of bad quality, unfit for use, or deficient.

(3) The Secretary, officer, or official to whom the complaint was made shall—

(A) make an entry in the official logbook of the vessel on the results of the examination; and

(B) submit a report on the examination to the district court of the United States at which the vessel is to arrive, with the report being admissible into evidence in any legal proceeding.

(4) The master is liable to the Government for a civil penalty of not more than $100 each time the master, on receiving the certification referred to in paragraph (2) of this subsection—

(A) does not provide other proper provisions of food or water, when available, in place of the provisions certified as of bad quality or unfit for use;

(B) does not obtain sufficient provisions when the certification includes a finding of a deficiency in quantity; or

(C) uses provisions certified to be of bad quality or unfit for use.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 575; Pub. L. 103–206, title IV, §422(b), Dec. 20, 1993, 107 Stat. 2439.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

10902(a) 
46:653

10902(b) 
46:662

Section 10902 instructs the crew on making complaints of unfitness of vessel with regard to equipment and provisions, and instructs the master on responding to those complaints, and provides a penalty for violations.

Editorial Notes

Amendments

1993—Subsec. (b)(1). Pub. L. 103–206, §422(b)(1), inserted "Secretary," after "The complaint may be made to the" and struck out "Coast Guard shipping commissioner," after "consular officer,".

Subsec. (b)(2), (3). Pub. L. 103–206, §422(b)(2), substituted "The Secretary, officer," for "The officer, commissioner,".

Statutory Notes and Related Subsidiaries

Transfer of Functions

For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 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. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.
46 U.S.C. § 7311a (2024) — Title 46: SHIPPING / Chapter 73 / Section 7311a: Able seamen-fishing industry
Able seamen-fishing industry
Status: in_force

For service on a fish processing vessel, an individual may be rated as able seaman—fishing industry if the individual has at least 6 months' service on deck on board vessels operating on the oceans or the navigable waters of the United States (including the Great Lakes).

(Added Pub. L. 98–364, title IV, §402(9)(D), July 17, 1984, 98 Stat. 448.)
46 U.S.C. § 31323 (2024) — Title 46: SHIPPING / Chapter 313 / Subchapter II / Section 31323: Disclosing and incurring obligations before executing preferred mortgages
Disclosing and incurring obligations before executing preferred mortgages
Status: in_force

(a) On request of the mortgagee and before executing a preferred mortgage, the mortgagor shall disclose in writing to the mortgagee the existence of any obligation known to the mortgagor on the vessel to be mortgaged.

(b) After executing a preferred mortgage and before the mortgagee has had a reasonable time to file the mortgage, the mortgagor may not incur, without the consent of the mortgagee, any contractual obligation establishing a lien on the vessel except a lien for—

(1) wages of a stevedore when employed directly by a person listed in section 31341 of this title;

(2) wages for the crew of the vessel;

(3) general average; or

(4) salvage, including contract salvage.

(c) On conviction of a mortgagor under section 31330(a)(1)(A) or (B) of this title for violating this section, the mortgage indebtedness, at the option of the mortgagee, is payable immediately.

(Pub. L. 100–710, title I, §102(c), Nov. 23, 1988, 102 Stat. 4744.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

31323(a) 
46:924(1)

31323(b) 
46:924(2)

31323(c) 
46:941(b) (last sentence)

Section 31323(a) requires the mortgagor to disclose any obligations on the vessel before executing a preferred mortgage. This subsection makes no substantive change to law.

Section 31323(b) provides that, after executing a preferred mortgage, the mortgagor may not incur, without consent of the mortgagee, any contractual obligations establishing a lien on the vessel—except a lien for stevedore wages, crew wages, general average, and salvage. The only substantive change to law made by this subsection is that the reasonable time to record a mortgage is changed to a reasonable time to file the mortgage, and the elimination of the reference to endorsements. These changes are in keeping with the changes made in section 31322.

Section 31323(c) provides that if a mortgagor is convicted of a violation of this section, then the mortgage indebtedness, at the option of the mortgagee, is payable immediately. This subsection makes no substantive change to law.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1989, with certain exceptions and qualifications, see section 107 of Pub. L. 100–710, set out as a note under section 31301 of this title.
46 U.S.C. § 30104 (2024) — Title 46: SHIPPING / Chapter 301 / Section 30104: Personal injury to or death of seamen
Personal injury to or death of seamen
Status: in_force

(a) In General.—A seaman injured in the course of employment or, if the seaman dies from the injury, the personal representative of the seaman may elect to bring a civil action at law, with the right of trial by jury, against the employer. Laws of the United States regulating recovery for personal injury to, or death of, a railway employee apply to an action under this section.

(b) Limitation on Recovery by Aquaculture Workers.—

(1) In general.—For purposes of subsection (a), the term "seaman" does not include an individual who—

(A) is an aquaculture worker if State workers' compensation is available to such individual; and

(B) was, at the time of injury, engaged in aquaculture in a place where such individual had lawful access.

(2) Aquaculture worker defined.—In this subsection, the term "aquaculture worker" means an individual who—

(A) is employed by a commercial enterprise that is involved in the controlled cultivation and harvest of aquatic plants and animals, including—

(i) the cleaning, processing, or canning of fish and fish products;

(ii) the cultivation and harvesting of shellfish; and

(iii) the controlled growing and harvesting of other aquatic species;

(B) does not hold a license issued under section 7101(c); and

(C) is not required to hold a merchant mariner credential under part F of subtitle II.

(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1510; Pub. L. 110–181, div. C, title XXXV, §3521(a), Jan. 28, 2008, 122 Stat. 596; Pub. L. 117–263, div. K, title CXV, §11520(a), Dec. 23, 2022, 136 Stat. 4142.)

Historical and Revision Notes

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

30104(a)
46 App.:688(a) (1st sentence).
Mar. 4, 1915, ch. 153, §20(a), 38 Stat. 1185; June 5, 1920, ch. 250, §33, 41 Stat. 1007; Pub. L. 97–389, title V, §503(a)(1), Dec. 29, 1982, 96 Stat. 1955.

30104(b)
46 App.:688(a) (last sentence).

In subsection (a), the words "A seaman injured in the course of employment or, if the seaman dies from the injury, the personal representative of the seaman" are substituted for "Any seaman who shall suffer personal injury in the course of his employment" and "in case of the death of any seaman as a result of any such personal injury the personal representative" to eliminate unnecessary words. The words "bring a civil action" are substituted for "maintain an action" for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words "for damages" are omitted as unnecessary. The words "against the employer" are added for clarity. The words "Laws of the United States regulating recovery for personal injury to, or death of, a railway employee" are substituted for "all statutes of the United States modifying or extending the common-law right or remedy in cases of personal injury to railway employees" and "all statutes of the United States conferring or regulating the right of action for death in the case of railway employees" to eliminate unnecessary words.

In subsection (b), the words "An action under this section shall be brought" are substituted for "Jurisdiction in such actions shall be under" because 46 App. U.S.C. 688(a) (last sentence) provides for venue, not jurisdiction. Panama R.R. Co. v. Johnson, 264 U.S. 375 (1924). As to the relationship between 46 App. U.S.C. 688(a) (last sentence) and 28 U.S.C. 1391(c), see Pure Oil Co. v. Suarez, 384 U.S. 202 (1966).

Editorial Notes

Amendments

2022—Pub. L. 117–263 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

2008—Pub. L. 110–181 struck out subsec. (a) designation and heading before "A seaman injured" and struck out heading and text of subsec. (b). Text read as follows: "An action under this section shall be brought in the judicial district in which the employer resides or the employer's principal office is located."

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Pub. L. 117–263, div. K, title CXV, §11520(b), Dec. 23, 2022, 136 Stat. 4143, provided that: "The amendments made by this section [amending this section] shall apply to an injury incurred on or after the date of enactment of this Act [Dec. 23, 2022]."

Effective Date of 2008 Amendment

Pub. L. 110–181, div. C, title XXXV, §3521(b), Jan. 28, 2008, 122 Stat. 596, provided that: "The amendment made by subsection (a) [amending this section] shall be effective as if included in the enactment of Public Law 109–304."
46 U.S.C. § 5109 (2024) — Title 46: SHIPPING / Chapter 51 / Section 5109: Reciprocity for foreign vessels
Reciprocity for foreign vessels
Status: in_force

(a) When the Secretary finds that the laws and regulations of a foreign country related to load lines are similar to those of this chapter and the regulations prescribed under this chapter, or when a foreign country is a party to an international load line agreement to which the United States Government is a party, the Secretary shall accept the load line marks and certificate of a vessel of that foreign country as complying with this chapter and the regulations prescribed under this chapter. The Secretary may control the vessel as provided for in the applicable international agreement.

(b) Subsection (a) of this section does not apply to a vessel of a foreign country that does not recognize load lines assigned under this chapter.

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

Historical and Revision Notes

Revised section 5109

Source: Section (U.S. Code) 46 App. U.S.C. 86f, 88d.

Section 5109(a) requires the Secretary to accept the load line mark and load line certificate of a vessel of a foreign country if the Secretary finds that the load line laws and regulations of that country are similar to those of this chapter, or if that country is a party to an international load line agreement to which the United States is a party.
46 U.S.C. § 51316 (2024) — Title 46: SHIPPING / Chapter 513 / Section 51316: Temporary appointments to the Academy
Temporary appointments to the Academy
Status: in_force

Notwithstanding any other provision of law, the Maritime Administrator may appoint any present employee of the United States Merchant Marine Academy non-appropriated fund instrumentality to a position on the General Schedule of comparable pay. Eligible personnel shall be engaged in work permissibly funded by annual appropriations, and such appointments to the Civil Service shall be without regard to competition, for a term not to exceed 2 years.

(Added Pub. L. 110–417, div. C, title XXXV, §3506(h)(1), Oct. 14, 2008, 122 Stat. 4765.)

Editorial Notes

References in Text

The General Schedule, referred to in text, is set out under section 5332 of Title 5, Government Organization and Employees.
46 U.S.C. § 31113 (2024) — Title 46: SHIPPING / Chapter 311 / Section 31113: Reports
Reports
Status: in_force

The Attorney General shall report to Congress at each session thereof all claims settled under this chapter.

(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1523.)

Historical and Revision Notes

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

31113
46 App.:790.
Mar. 3, 1925, ch. 428, §10, 43 Stat. 1113; Aug. 30, 1954, ch. 1076, §1(26), 68 Stat. 968.
46 U.S.C. § 3901 (2024) — Title 46: SHIPPING / Chapter 39 / Section 3901: Repealed. Pub. L. 107-171, title X, §10418(a)(20), May 13, 2002, 116 Stat. 508
Repealed. Pub. L. 107-171, title X, §10418(a)(20), May 13, 2002, 116 Stat. 508
Status: repealed

[§§3901, 3902. Repealed. Pub. L. 107–171, title X, §10418(a)(20), May 13, 2002, 116 Stat. 508]

Section 3901, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 528, related to regulations for accommodations for export animals.

Section 3902, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 528, related to penalties.
46 U.S.C. § 53714 (2024) — Title 46: SHIPPING / Chapter 537 / Subchapter I / Section 53714: Guarantee fees
Guarantee fees
Status: in_force

(a) Regulations.—Subject to this section, the Secretary or Administrator shall prescribe regulations to assess a fee for guaranteeing an obligation under this chapter.

(b) Computation of Fee.—

(1) In general.—The amount of the fee for a guarantee under this chapter shall be equal to the sum of the amounts determined under paragraph (2) for the years in which the guarantee is in effect.

(2) Present value for each year.—The amount referred to in paragraph (1) for a year in which the guarantee is in effect is the present value of the amount calculated under paragraph (3). To determine the present value, the Secretary or Administrator shall apply a discount rate determined by the Secretary of the Treasury, considering current market yields on outstanding obligations of the United States Government having periods to maturity comparable to the period to maturity for the guaranteed obligation.

(3) Calculation of amount.—The amount referred to in paragraph (2) shall be calculated by multiplying—

(A) the estimated average unpaid principal amount of the obligation that will be outstanding during the year (excluding the average amount, other than interest, on deposit during the year in an escrow fund under section 53715 of this title); by

(B) the fee rate set under paragraph (4).

(4) Setting fee rates.—To set the fee rate referred to in paragraph (3)(B), the Secretary or Administrator shall establish a formula that—

(A) takes into account the security provided for the guaranteed obligation; and

(B) is a sliding scale based on the creditworthiness of the obligor, using—

(i) the lowest allowable rate under paragraph (5) for the most creditworthy obligors; and

(ii) the highest allowable rate under paragraph (5) for the least creditworthy obligors.

(5) Permissible range of rates.—The fee rate set under paragraph (4) shall be—

(A) for a delivered vessel or equipment, at least 0.5 percent and not more than 1 percent; and

(B) for a vessel to be constructed, reconstructed, or reconditioned or equipment to be delivered, at least 0.25 percent and not more than 0.5 percent.

(c) When Fee Collected.—A fee for the guarantee of an obligation under this chapter shall be collected not later than the date on which an amount is first paid on the obligation.

(d) Financing the Fee.—A fee paid under this section is eligible to be financed under this chapter and shall be included in the actual cost of the obligation guaranteed.

(e) Not Refundable.—A fee paid under this section is not refundable. However, an obligor shall receive credit for the amount paid for the remaining term of the obligation if the obligation is refinanced and guaranteed under this chapter after the refinancing.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1613; Pub. L. 109–163, div. C, title XXXV, §3507(a)(1)(D), Jan. 6, 2006, 119 Stat. 3555; Pub. L. 110–181, div. C, title XXXV, §3522(a)(10)(B), (b), Jan. 28, 2008, 122 Stat. 598.)

Historical and Revision Notes

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

53714(a)
46 App.:1274(e)(1).
June 29, 1936, ch. 858, title XI, §1104A(e) [§1104A formerly §1104], as added June 23, 1938, ch. 600, §46, 52 Stat. 970; Aug. 4, 1939, ch. 417, §14, 53 Stat. 1187; Sept. 28, 1950, ch. 1093, §4, 64 Stat. 1078; Aug. 15, 1953, ch. 513, §2, 67 Stat. 626; Sept. 3, 1954, ch. 1265, §4, 68 Stat. 1269; Pub. L. 86–123, §§1(3), 2, July 31, 1959, 73 Stat. 269, 271; Pub. L. 86–127, §1(3), (4), July 31, 1959, 73 Stat. 273; Pub. L. 86–518, §1, June 12, 1960, 74 Stat. 216; Pub. L. 86–685, §§2, 3, Sept. 2, 1960, 74 Stat. 733; Pub. L. 90–341, June 15, 1968, 82 Stat. 180; Pub. L. 91–469, §§31, 32, Oct. 21, 1970, 84 Stat. 1035; restated Pub. L. 92–507, §3, Oct. 19, 1972, 86 Stat. 913; Pub. L. 97–31, §12(136), Aug. 6, 1981, 95 Stat. 166; Pub. L. 98–595, §1(12), Oct. 30, 1984, 98 Stat. 3131; §1104 renumbered as §1104A, Pub. L. 101–380, title IV, §4115(f)(1), Aug. 18, 1990, 104 Stat. 521; Pub. L. 104–239, §13(c), Oct. 8, 1996, 110 Stat. 3136.

53714(b)
46 App.:1274(e)(2).

53714(c)
46 App.:1274(e)(3).

53714(d)
46 App.:1274(e)(5).

53714(e)
46 App.:1274(e)(4).

Editorial Notes

Amendments

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

Subsecs. (a), (b)(2), (4). Pub. L. 110–181, §3522(a)(10)(B), incorporated the substance of the amendment by Pub. L. 109–163, §3507(a)(1)(D), into this section by inserting "or Administrator" after "Secretary", except the second place appearing in subsec. (b)(2). See 2006 Amendment note below and section 18(a) of Pub. L. 109–304, set out as a Legislative Purpose and Construction note preceding section 101 of this title.

2006—Pub. L. 109–163, §3507(a)(1)(D), which directed the amendment of section 1274(e) of the former Appendix to this title from which this section was derived, was repealed by Pub. L. 110–181, §3522(b). See 2008 Amendment note for subsecs. (a), (b)(2), (4) and Historical and Revision notes above.
46 U.S.C. § 40301 (2024) — Title 46: SHIPPING / Chapter 403 / Section 40301: Application
Application
Status: in_force

(a) Ocean Common Carrier Agreements.—This part applies to an agreement between or among ocean common carriers to—

(1) discuss, fix, or regulate transportation rates, including through rates, cargo space accommodations, and other conditions of service;

(2) pool or apportion traffic, revenues, earnings, or losses;

(3) allot ports or regulate the number and character of voyages between ports;

(4) regulate the volume or character of cargo or passenger traffic to be carried;

(5) engage in an exclusive, preferential, or cooperative working arrangement between themselves or with a marine terminal operator;

(6) control, regulate, or prevent competition in international ocean transportation; or

(7) discuss and agree on any matter related to a service contract.

(b) Marine Terminal Operator Agreements.—This part applies to an agreement between or among marine terminal operators, or between or among one or more marine terminal operators and one or more ocean common carriers, to—

(1) discuss, fix, or regulate rates or other conditions of service; or

(2) engage in exclusive, preferential, or cooperative working arrangements, to the extent the agreement involves ocean transportation in the foreign commerce of the United States.

(c) Acquisitions.—This part does not apply to an acquisition by any person, directly or indirectly, of any voting security or assets of any other person.

(d) Maritime Labor Agreements.—This part does not apply to a maritime labor agreement. However, this subsection does not exempt from this part any rate, charge, regulation, or practice of a common carrier that is required to be set forth in a tariff or is an essential term of a service contract, whether or not the rate, charge, regulation, or practice arises out of, or is otherwise related to, a maritime labor agreement.

(e) Assessment Agreements.—This part (except sections 40305 and 40307(a)) does not apply to an assessment agreement.

(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1528.)

Historical and Revision Notes

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

40301(a)
46 App.:1703(a).
Pub. L. 98–237, §4, Mar. 20, 1984, 98 Stat. 70; Pub. L. 105–258, title I, §103, Oct. 14, 1998, 112 Stat. 1904.

40301(b)
46 App.:1703(b).

40301(c)
46 App.:1703(c).

40301(d)
46 App.:1704(f).
Pub. L. 98–237, §5(e) (last sentence), (f), Mar. 20, 1984, 98 Stat. 70; Pub. L. 104–88, title III, §335(c)(2), Dec. 29, 1995, 109 Stat. 954; Pub. L. 105–258, title I, §104(a)(2), (b), Oct. 14, 1998, 112 Stat. 1904, 1905.

40301(e)
46 App.:1704(e) (last sentence).
46 U.S.C. § 14521 (2024) — Title 46: SHIPPING / Chapter 145 / Subchapter III / Section 14521: Application
Application
Status: in_force

This subchapter applies to a vessel described in section 14501 of this title that is not measured under subchapter II of this chapter.

(Pub. L. 99–509, title V, §5101(3), Oct. 21, 1986, 100 Stat. 1925.)

Historical and Revision Notes

Revised section 14521

Source: Section (U.S. Code) 46 App. U.S.C. 71.

Section 14521 provides that vessels that are to be measured under the regulatory measurement system in this chapter, but are not measured under the standard regulatory measurement system in subchapter II, shall be measured under the simplified measurement system.
46 U.S.C. § 57518 (2024) — Title 46: SHIPPING / Chapter 575 / Subchapter II / Section 57518: Performance bond
Performance bond
Status: in_force

The Secretary of Transportation shall require a charterer of a vessel of the Secretary to deposit with the Secretary an undertaking, with approved sureties, in such amount as the Secretary may require as security for the faithful performance of the terms of the charter, including indemnity against liens on the chartered vessel.

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

Historical and Revision Notes

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

57518
46 App.:1200.
June 29, 1936, ch. 858, title VII, §710, 49 Stat. 2010; Pub. L. 97–31, §12(112), Aug. 6, 1981, 95 Stat. 163.
46 U.S.C. § 46107 (2024) — Title 46: SHIPPING / Chapter 461 / Section 46107: Expenditures
Expenditures
Status: in_force

(a) In General.—The Federal Maritime Commission may make such expenditures as are necessary in the performance of its functions from funds appropriated or otherwise made available to it, which appropriations are authorized.

(b) Prohibition.—Notwithstanding subsection (a), the Federal Maritime Commission may not expend any funds appropriated or otherwise made available to it to a non-Federal entity to issue an award, prize, commendation, or other honor that is not related to the purposes set forth in section 40101.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1490, §307; Pub. L. 114–120, title IV, §403, Feb. 8, 2016, 130 Stat. 67; renumbered §46107, Pub. L. 116–283, div. G, title LVXXXVI [LXXXVI], §8605(a)(3), Jan. 1, 2021, 134 Stat. 4765.)

Historical and Revision Notes

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

307
46 App.:1111(d) (related to Commission).
June 29, 1936, ch. 858, title II, §201(d) (related to Commission), 49 Stat. 1986; Pub. L. 97–31, §12(58)(B), Aug. 6, 1981, 95 Stat. 158.

The words "by this chapter", "after June 29, 1936", and "further" are omitted as unnecessary.

Editorial Notes

Amendments

2021—Pub. L. 116–283 renumbered section 307 of this title as this section.

2016—Pub. L. 114–120 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
46 U.S.C. § 56312 (2024) — Title 46: SHIPPING / Chapter 563 / Section 56312: Documented defined
Documented defined
Status: in_force

In sections 56309 through 56311, the term "documented" means, with respect to a vessel, that a certificate of documentation has been issued for the vessel under chapter 121.

(Added Pub. L. 115–91, div. C, title XXXV, §3504(d), Dec. 12, 2017, 131 Stat. 1913.)
46 U.S.C. § 53910 (2024) — Title 46: SHIPPING / Chapter 539 / Section 53910: Administrative
Administrative
Status: in_force

(a) Accordance With Commercial Practice.—In carrying out this chapter, the Secretary of Transportation may act in accordance with commercial practice in the marine insurance business.

(b) Regulations.—The Secretary may prescribe regulations the Secretary considers appropriate to carry out this chapter.

(c) Policies, Rates, and Annual Fees.—The Secretary may prescribe and change forms and policies, and fix and change the amounts insured and rates of premium, under this chapter.

(d) Annual Fees.—The Secretary may charge and collect an annual fee in an amount calculated to cover the expenses of processing applications for insurance, employing underwriting agents, and appointing experts under this chapter.

(e) Payment of Claims and Judgments.—The Secretary may settle and pay claims, and pay judgments against the United States, related to insurance under this chapter.

(f) Underwriting Agents.—

(1) In general.—The Secretary may, and when the Secretary finds it practical to do so shall, employ a domestic company or group of domestic companies, authorized to do marine insurance business in a State of the United States, to act as underwriting agent for the Secretary. The services of an underwriting agent may be used in adjusting claims, but a claim may not be paid until approved by the Secretary.

(2) Compensation.—The Secretary may allow the company or group of companies reasonable compensation for services as the underwriting agent. The compensation may include an allowance for expenses reasonably incurred by the agent, but may not include any amount for soliciting or stimulating business.

(g) Fees For Arranging Insurance.—Except as provided in subsection (f)(2), the Secretary may not pay an insurance broker or other person acting in a similar intermediary capacity a fee or other consideration for participating in arranging insurance when the Secretary directly insures any of the risk.

(h) Employment of Marine Insurance Experts.—The Secretary, without regard to the laws and regulations on the employment of Federal employees, may appoint and prescribe the duties of experts in marine insurance as the Secretary considers necessary to carry out this chapter.

(i) Services of Other Government Agencies.—With the consent of another agency of the United States Government, the Secretary may use information, services, facilities, officers, and employees of the agency in carrying out this chapter.

(j) Vessel Location Reporting.—The Secretary may prescribe by regulation vessel location reporting requirements for a vessel insured under this chapter.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1630.)

Historical and Revision Notes

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

53910(a)
46 App.:1289(c) (1st sentence).
June 29, 1936, ch. 858, title XII, §1209(a)(1), (b)–(f), as added Sept. 7, 1950, ch. 906, 64 Stat. 775; Aug. 3, 1956, ch. 929, §1, 70 Stat. 984; Pub. L. 94–523, §4, Oct. 17, 1976, 90 Stat. 2474.

53910(b)
46 App.:1289(a)(1) (1st–19th words).

53910(c)
46 App.:1289(b) (1st sentence).

53910(d)
46 App.:1289(b) (last sentence).

53910(e)
46 App.:1289(a)(1) (20th–last words).

53910(f)
46 App.:1289(d).

53910(g)
46 App.:1289(c) (last sentence).

53910(h)
46 App.:1289(e).

53910(i)
46 App.:1289(f).

53910(j)
46 App.:1283(a) (last sentence).
June 29, 1936, ch. 858, title XII, §1203(a) (last sentence), as added Sept. 7, 1950, ch. 906, 64 Stat. 774; Pub. L. 94–523, §1, Oct. 17, 1976, 90 Stat. 2474.

Subsection (e) is substituted for "may adjust and pay losses, compromise and settle claims, whether in favor of or against the United States and pay the amount of any judgment rendered against the United States in any suit, or the amount of any settlement agreed upon, in respect of any claim under insurance authorized by this subchapter" to eliminate unnecessary words.
46 U.S.C. § 70053 (2024) — Title 46: SHIPPING / Chapter 700 / Subchapter VI / Section 70053: Enforcement provisions
Enforcement provisions
Status: in_force

The President may employ such departments, agencies, officers, or instrumentalities of the United States as he may deem necessary to carry out this subchapter.

(Added Pub. L. 115–282, title IV, §407(d)(3), Dec. 4, 2018, 132 Stat. 4267.)

Editorial Notes

Codification

Section, as added by Pub. L. 115–282, is based on acts June 15, 1917, ch. 30, title II, §4, 40 Stat. 220; Aug. 9, 1950, ch. 656, §2, 64 Stat. 428; Pub. L. 115–282, title IV, §407(d)(1), (2), Dec. 4, 2018, 132 Stat. 4267, which was formerly classified to section 194 of Title 50, War and National Defense, before being transferred to this chapter and renumbered as this section.
46 U.S.C. § 11101 (2024) — Title 46: SHIPPING / Chapter 111 / Section 11101: Accommodations for seamen
Accommodations for seamen
Status: in_force

(a) On a merchant vessel of the United States the construction of which began after March 4, 1915 (except a yacht, pilot vessel, or vessel of less than 100 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title)—

(1) each place appropriated to the crew of the vessel shall have a space of at least 120 cubic feet and at least 16 square feet, measured on the floor or deck of that place, for each seaman or apprentice lodged in the vessel;

(2) each seaman shall have a separate berth and not more than one berth shall be placed one above another;

(3) the place or berth shall be securely constructed, properly lighted, drained, heated, and ventilated, properly protected from weather and sea, and, as far as practicable, properly shut off and protected from the effluvium of cargo or bilge water;

(4) crew space shall be kept free from goods or stores that are not the personal property of the crew occupying the place in use during the voyage; and

(5) each crew berthing area shall be equipped with information regarding—

(A) vessel owner or company policies prohibiting sexual assault and sexual harassment, retaliation, and drug and alcohol usage; and

(B) procedures and resources to report crimes, including sexual assault and sexual harassment, including information—

(i) on the telephone number, website address, and email address for reporting allegations of sexual assault and sexual harassment to the Coast Guard;

(ii) on vessel owner or company procedures to report violations of company policy and access resources;

(iii) on resources provided by outside organizations such as sexual assault hotlines and counseling;

(iv) on the retention period for surveillance video recording after an incident of sexual harassment or sexual assault is reported; and

(v) additional items specified in regulations issued by, and at the discretion of, the Secretary of the department in which the Coast Guard is operating.

(b) In addition to the requirements of subsection (a) of this section, a merchant vessel of the United States that in the ordinary course of trade makes a voyage of more than 3 days' duration between ports and carries a crew of at least 12 seamen shall have a hospital compartment, suitably separated from other spaces. The compartment shall have at least one bunk for each 12 seamen constituting the crew (but not more than 6 bunks may be required).

(c) A steam vessel of the United States operating on the Mississippi River or its tributaries shall provide, under the direction and approval of the Secretary, an appropriate place for the crew that shall conform to the requirements of this section, as far as they apply to the steam vessel, by providing a properly heated sleeping room in the engineroom of the steam vessel properly protected from the cold, wind, and rain by means of suitable awnings or screens on either side of the guards or sides and forward, reaching from the boiler deck to the lower or main deck.

(d) A merchant vessel of the United States, the construction of which began after March 4, 1915, having more than 10 seamen on deck, shall have at least one lighted, clean, and properly heated and ventilated washing place. There shall be provided at least one washing outfit for each 2 seamen of the watch. A separate washing place shall be provided for the fireroom and engineroom seamen, if their number is more than 10, that shall be large enough to accommodate at least one-sixth of them at the same time, and have a hot and cold water supply and a sufficient number of washbasins, sinks, and shower baths. In each washing space in a visible location there shall be information regarding procedures and resources to report crimes upon the vessel, including sexual assault and sexual harassment, and vessel owner or company policies prohibiting sexual assault and sexual harassment, retaliation, and drug and alcohol usage.

(e) Forecastles shall be fumigated at intervals provided by regulations prescribed by the Secretary of Health and Human Services, with the approval of the Secretary, and shall have at least 2 exits, one of which may be used in emergencies.

(f) The owner, charterer, managing operator, agent, master, or licensed individual of a vessel not complying with this section is liable to the United States Government for a civil penalty of at least $50 but not more than $500.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 577; Pub. L. 99–36, §1(a)(6), May 15, 1985, 99 Stat. 67; Pub. L. 104–324, title VII, §740, Oct. 19, 1996, 110 Stat. 3942; Pub. L. 117–263, div. K, title CXVI, §11604, Dec. 23, 2022, 136 Stat. 4148.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

11101 
46:660–1

Section 11101 provides mandatory standards for crew accommodations and a penalty for noncompliance with those standards.

Editorial Notes

Amendments

2022—Subsec. (a)(5). Pub. L. 117–263, §11604(1)–(3), added par. (5).

Subsec. (d). Pub. L. 117–263, §11604(4), inserted at end "In each washing space in a visible location there shall be information regarding procedures and resources to report crimes upon the vessel, including sexual assault and sexual harassment, and vessel owner or company policies prohibiting sexual assault and sexual harassment, retaliation, and drug and alcohol usage."

1996—Subsec. (a). Pub. L. 104–324 inserted "as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title" after "100 gross tons" in introductory provisions.

1985—Subsec. (d). Pub. L. 99–36 substituted "lighted" for "light".
46 U.S.C. § 10903 (2024) — Title 46: SHIPPING / Chapter 109 / Section 10903: Proceedings on examination of vessel
Proceedings on examination of vessel
Status: in_force

(a) On application made under section 10902(a) of this title, the judge or justice of the peace shall appoint 3 experienced and skilled marine surveyors to examine the vessel for the defects or insufficiencies complained of. The surveyors have the authority to receive and consider evidence necessary to evaluate the complaint. When the complaint involves provisions of food or water, one of the surveyors shall be a medical officer of the Public Health Service, if available. The surveyors shall make a report in writing, signed by at least 2 of them, stating whether the vessel is fit to proceed to sea or, if not, in what respect it is unfit, making appropriate recommendations about additional seamen, provisions, or stores, or about physical repairs, alterations, or additions necessary to make the vessel fit.

(b) On receiving the report, the judge or justice of the peace shall endorse on the report the judgment of the judge or justice on whether the vessel is fit to proceed on the voyage, and, if not, whether the vessel may proceed to another port at which the deficiencies can be corrected. The master and the crew shall comply with the judgment.

(c) The master shall pay all costs of the survey, report, and judgment. However, if the complaint of the crew appears in the report and judgment to have been without foundation, or if the complaint involved provisions of food or water, without reasonable grounds, the master or owner may deduct the amount of the costs and reasonable damages for the detention of the vessel, as determined by the judge or justice of the peace, from the wages of the complaining seamen.

(d) A master of a vessel violating this section who refuses to pay the costs and wages is liable to the United States Government for a civil penalty of $100 and is liable in damages to each person injured by the refusal.

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

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

10903(a), (b) 
46:654

10903(c) 
46:659

10903(d) 
46:660

Section 10903 provides for marine surveyors appointed by a judge or justice of the peace to inspect a vessel on which a complaint of unfitness was made, for a judge or justice of the peace to judge the fitness based on the findings, and for the payment of costs of the inspection by the master or the crew. It also includes a penalty for noncompliance.
46 U.S.C. § 51309 (2024) — Title 46: SHIPPING / Chapter 513 / Section 51309: Academic degree
Academic degree
Status: in_force

(a) Bachelor's Degree.—

(1) In general.—The Superintendent of the United States Merchant Marine Academy may confer the degree of bachelor of science on an individual who—

(A) has met the conditions prescribed by the Secretary of Transportation; and

(B) if a citizen of the United States, has passed the examination for a merchant marine officer's license.

(2) Effect of physical or psychological disqualification.—An individual not able or allowed to take the examination for a merchant marine officer's license solely due to a documented medical or psychological condition shall not be denied a degree for not taking the examination.

(b) Master's Degree.—The Superintendent of the Academy may confer a master's degree on an individual who has met the conditions prescribed by the Secretary. A master's degree program may be funded through non-appropriated funds. To maintain the appropriate academic standards, the program shall be accredited by the appropriate accreditation body. Nonappropriated funds received for this purpose shall be credited to the Maritime Administration's Operations and Training appropriation, to remain available until expended, for those expenses directly related to the purpose of such receipts. The Superintendent shall maintain a separate and detailed accounting of nonappropriated fund receipts and all associated expenses. The Secretary may prescribe regulations necessary to administer such a program.

(c) Graduation Not Entitlement To Hold License.—Graduation from the Academy does not entitle an individual to hold a license authorizing service on a merchant vessel.

(d) Definition of Documented Medical or Psychological Condition.—In this section the term "documented medical or psychological condition" means, with respect to an individual, a physical disqualification or psychological condition, including a mental health condition arising from sexual assault or sexual harassment, for which the individual has been treated or is being treated by a medical or psychological provider.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1574; Pub. L. 111–84, div. C, title XXXV, §3514, Oct. 28, 2009, 123 Stat. 2724; Pub. L. 117–263, div. C, title XXXV, §3511, Dec. 23, 2022, 136 Stat. 3065.)

Historical and Revision Notes

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

51309(a)
46 App.:1295b(g)(1).
June 29, 1936, ch. 858, title XIII, §1303(g), as added Pub. L. 96–453, §2, Oct. 15, 1980, 94 Stat. 2002; restated Pub. L. 108–136, title XXXV, §3515(c), Nov. 24, 2003, 117 Stat. 1794.

51309(b)
46 App.:1295b(g)(2).

51309(c)
46 App.:1295b(b)(8).
June 29, 1936, ch. 858, title XIII, §1303(b)(8), as added Pub. L. 96–453, §2, Oct. 15, 1980, 94 Stat. 1997; Pub. L. 99–368, §5, Aug. 1, 1986, 100 Stat. 776.

Editorial Notes

Amendments

2022—Subsec. (a)(2). Pub. L. 117–263, §3511(1), in heading, inserted "or psychological" after "physical", and, in text, inserted "able or" before "allowed" and substituted "solely due to a documented medical or psychological condition shall" for "only because of physical disqualification may".

Subsec. (d). Pub. L. 117–263, §3511(2), added subsec. (d).

2009—Subsec. (b). Pub. L. 111–84 inserted before last sentence "Nonappropriated funds received for this purpose shall be credited to the Maritime Administration's Operations and Training appropriation, to remain available until expended, for those expenses directly related to the purpose of such receipts. The Superintendent shall maintain a separate and detailed accounting of nonappropriated fund receipts and all associated expenses."
46 U.S.C. § 4304 (2024) — Title 46: SHIPPING / Chapter 43 / Section 4304: Importation of nonconforming vessels and equipment
Importation of nonconforming vessels and equipment
Status: in_force

The Secretary and the Secretary of the Treasury may authorize by joint regulations the importation of any nonconforming recreational vessel or associated equipment on conditions, including providing a bond, that will ensure that the recreational vessel or associated equipment will be brought into conformity with applicable safety regulations and standards of the Government before the vessel or equipment is operated on waters subject to the jurisdiction of the United States.

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

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

4304 
46:1460

Section 4304 requires the regulation and control of the importation of nonconforming recreational vessels and associated equipment. This is to assure United States manufacturers that foreign imports comply with those regulations and standards in effect for United States products so that all manufacturers will be on this same competitive footing. This is being done in lieu of providing a specific prohibition against the importation of these vessels and equipment that might be considered an imposition of a non-tariff barrier to trade.
46 U.S.C. § 4102 (2024) — Title 46: SHIPPING / Chapter 41 / Section 4102: Safety equipment
Safety equipment
Status: in_force

(a) Each uninspected vessel propelled by machinery shall be provided with the number, type, and size of fire extinguishers, capable of promptly and effectively extinguishing burning liquid fuel, that may be prescribed by regulation. The fire extinguishers shall be kept in condition for immediate and effective use and so placed as to be readily accessible.

(b) The Secretary shall prescribe regulations requiring the installation, maintenance, and use of life preservers and other lifesaving devices for individuals on board uninspected vessels.

(c) Each uninspected vessel shall have the carburetors of each engine of the vessel (except an outboard motor) using gasoline as fuel, equipped with an efficient flame arrestor, backfire trap, or other similar device prescribed by regulation.

(d) Each uninspected vessel using a volatile liquid as fuel shall be provided with the means prescribed by regulation for properly and efficiently ventilating the bilges of the engine and fuel tank compartments, so as to remove any explosive or flammable gases.

(e) Each manned uninspected vessel owned in the United States and operating beyond 3 nautical miles from the baselines from which the territorial sea of the United States is measured or beyond three nautical miles from the coastline of the Great Lakes shall be equipped with the number and type of alerting and locating equipment, including emergency position indicating radio beacons, prescribed by the Secretary.

(f)(1) The Secretary, in consultation with the National Towing Safety Advisory Committee and taking into consideration the characteristics, methods of operation, and nature of service of towing vessels, may require the installation, maintenance, and use of a fire suppression system or other measures to provide adequate assurance that fires on board towing vessels can be suppressed under reasonably foreseeable circumstances.

(2) The Secretary shall require under paragraph (1) the use of a fire suppression system or other measures to provide adequate assurance that a fire on board a towing vessel that is towing a non-self-propelled tank vessel can be suppressed under reasonably foreseeable circumstances.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 528; Pub. L. 99–640, §16, Nov. 10, 1986, 100 Stat. 3552; Pub. L. 100–424, §2(c), Sept. 9, 1988, 102 Stat. 1590; Pub. L. 100–540, §1(a), Oct. 28, 1988, 102 Stat. 2719; Pub. L. 104–324, title IX, §902(a), Oct. 19, 1996, 110 Stat. 3947; Pub. L. 105–383, title III, §301(b)(3), Nov. 13, 1998, 112 Stat. 3417; Pub. L. 111–281, title VI, §619, Oct. 15, 2010, 124 Stat. 2975; Pub. L. 115–282, title VI, §601(c)(6)(B)(ii), Dec. 4, 2018, 132 Stat. 4290.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

4102(a) 
46:526g

4102(b) 
46:526e

4102(c) 
46:526i

4102(d) 
46:526j

Section 4102 requires uninspected vessels to comply with certain provisions that incorporate minimum safety equipment and construction requirements. The Committee intends that the term life preserver include all types of personal equipment, including exposure suits with floatation characteristics.

Editorial Notes

Amendments

2018—Subsec. (f)(1). Pub. L. 115–282 inserted "National" before "Towing Safety".

2010—Subsec. (b). Pub. L. 111–281 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "Each uninspected vessel propelled by machinery shall carry at least one readily accessible life preserver or other lifesaving device, of the type prescribed by regulation, for each individual on board."

1998—Subsec. (e). Pub. L. 105–383 substituted "owned in the United States and operating beyond 3 nautical miles from the baselines from which the territorial sea of the United States is measured" for "operating on the high seas".

1996—Subsec. (f). Pub. L. 104–324 added subsec. (f).

1988—Subsec. (e). Pub. L. 100–540 amended subsec. (e) generally without regard to the prior repeal of subsec. (e) by Pub. L. 100–424.

Pub. L. 100–424 struck out subsec. (e) which read as follows: "Each uninspected fishing, fish processing, or fish tender vessel operating on the high seas shall be equipped with the number and type of emergency position indicating radio beacons prescribed by regulation." See section 4502(a)(7) of this title.

1986—Subsec. (e). Pub. L. 99–640 added subsec. (e).

Statutory Notes and Related Subsidiaries

Regulations

Pub. L. 104–324, title IX, §902(b), Oct. 19, 1996, 110 Stat. 3947, provided that: "The Secretary of the department in which the Coast Guard is operating shall issue regulations establishing the requirement described in subsection (f)(2) of section 4102 of title 46, United States Code, as added by this section, by not later than October 1, 1997."

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. § 55117 (2024) — Title 46: SHIPPING / Chapter 551 / Section 55117: Great Lakes rail route
Great Lakes rail route
Status: in_force

Section 55102 of this title does not apply to the transportation of merchandise loaded on a railroad car or to a motor vehicle with or without a trailer, and with its passengers or contents when accompanied by the operator, when the railroad car or motor vehicle is transported in a railroad car ferry operated between fixed terminals on the Great Lakes as part of a rail route, if—

(1) the car ferry is owned by a common carrier by water and operated as part of a rail route with the approval of the Surface Transportation Board;

(2) the stock of the common carrier by water, or its predecessor, was owned or controlled by a common carrier by rail prior to June 5, 1920;

(3) the stock of the common carrier owning the car ferry is, with the approval of the Board, now owned or controlled by a common carrier by rail; and

(4) the car ferry is built in and documented under the laws of the United States.

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

Historical and Revision Notes

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

55117
46 App.:883 (5th proviso).
June 5, 1920, ch. 250, §27, as added Apr. 11, 1935, ch. 58, 49 Stat. 154.
46 U.S.C. § 30105 (2024) — Title 46: SHIPPING / Chapter 301 / Section 30105: Restriction on recovery by non-citizens and non-resident aliens for incidents in waters of other countries
Restriction on recovery by non-citizens and non-resident aliens for incidents in waters of other countries
Status: in_force

(a) Definition.—In this section, the term "continental shelf" has the meaning given that term in article I of the 1958 Convention on the Continental Shelf.

(b) Restriction.—Except as provided in subsection (c), a civil action for maintenance and cure or for damages for personal injury or death may not be brought under a maritime law of the United States if—

(1) the individual suffering the injury or death was not a citizen or permanent resident alien of the United States at the time of the incident giving rise to the action;

(2) the incident occurred in the territorial waters or waters overlaying the continental shelf of a country other than the United States; and

(3) the individual suffering the injury or death was employed at the time of the incident by a person engaged in the exploration, development, or production of offshore mineral or energy resources, including drilling, mapping, surveying, diving, pipelaying, maintaining, repairing, constructing, or transporting supplies, equipment, or personnel, but not including transporting those resources by a vessel constructed or adapted primarily to carry oil in bulk in the cargo spaces.

(c) Nonapplication.—Subsection (b) does not apply if the individual bringing the action establishes that a remedy is not available under the laws of—

(1) the country asserting jurisdiction over the area in which the incident occurred; or

(2) the country in which the individual suffering the injury or death maintained citizenship or residency at the time of the incident.

(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1510.)

Historical and Revision Notes

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

30105(a)
46 App.:688(b)(1) (last sentence).
Mar. 4, 1915, ch. 153, §20(b), as added Pub. L. 97–389, title V, §503(a)(2), Dec. 29, 1982, 96 Stat. 1955.

30105(b)
46 App.:688(b)(1) (less last sentence).

30105(c)
46 App.:688(b)(2).

In subsection (b), before paragraph (1), the words "civil action" are substituted for "action" for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words "under subsection (a) of this section or under any other" are omitted as unnecessary. In paragraph (2), the words "its territories, or possessions" are omitted as unnecessary because of the definition of "United States" in chapter 1 of the revised title. In paragraph (3), the word "person" is substituted for "enterprise" for consistency in the revised title.

Editorial Notes

References in Text

The 1958 Convention on the Continental Shelf, referred to in subsec. (a), was done at Geneva, April 29, 1958, and entered into force for the United States, June 10, 1964. See 15 UST 471; TIAS 5578.
46 U.S.C. § 53716 (2024) — Title 46: SHIPPING / Chapter 537 / Subchapter I / Section 53716: Deposit fund
Deposit fund
Status: in_force

(a) In General.—There is a deposit fund in the Treasury for purposes of this section. The Secretary or Administrator, in accordance with an agreement under subsection (b), may deposit into and hold in the fund cash belonging to an obligor to serve as collateral for a guarantee made under this chapter with respect to the obligor.

(b) Agreement.—The Secretary or Administrator and an obligor shall make a reserve fund or other collateral account agreement to govern the deposit, withdrawal, retention, use, and reinvestment of cash of the obligor held in the fund. The agreement shall contain—

(1) terms and conditions required by this section;

(2) terms that grant to the United States Government a security interest in all amounts deposited into the fund; and

(3) any additional terms considered by the Secretary or Administrator to be necessary to protect fully the interests of the Government.

(c) Investment.—The Secretary or Administrator may invest and reinvest any part of the amounts in the fund in obligations of the Government with maturities such that amounts in the fund will be available as required for purposes of the agreement under subsection (b). Cash balances in the fund in excess of current requirements shall be maintained in a form of uninvested funds, and the Secretary of the Treasury shall pay interest on these funds.

(d) Withdrawals.—

(1) In general.—Cash deposited into the fund may not be withdrawn without the consent of the Secretary or Administrator.

(2) Use of income.—Subject to paragraph (3), the Secretary or Administrator may pay any income earned on cash of an obligor deposited into the fund in accordance with the agreement with the obligor under subsection (b).

(3) Retention against default.—The Secretary or Administrator may retain and offset any or all of the cash of an obligor in the fund, and any income realized thereon, as part of the Secretary's or Administrator's recovery against the obligor in case of a default by the obligor on an obligation.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1616; Pub. L. 109–163, div. C, title XXXV, §3507(a)(1)(H), (3), Jan. 6, 2006, 119 Stat. 3555; Pub. L. 110–181, div. C, title XXXV, §3522(a)(10)(B), (11), (b), Jan. 28, 2008, 122 Stat. 598.)

Historical and Revision Notes

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

53716
46 App.:1279b.
June 29, 1936, ch. 858, title XI, §1109, as added Pub. L. 107–107, title XXXV, §3503, Dec. 28, 2001, 115 Stat. 1392.

In subsection (a), the word "established" is omitted for consistency with other codified titles of the United States Code.

Editorial Notes

Amendments

2008—Pub. L. 110–181, §3522(b), repealed Pub. L. 109–163, §3507(a)(1)(H), (3). See 2006 Amendment note below.

Pub. L. 110–181, §3522(a)(10)(B), (11), incorporated the substance of the amendment by Pub. L. 109–163, §3507(a)(1)(H), (3), into this section by inserting "or Administrator" after "Secretary" wherever appearing, except the second place appearing in subsec. (c), and inserting "or Administrator's" after "Secretary's" in subsec. (d)(3). See 2006 Amendment note below and section 18(a) of Pub. L. 109–304, set out as a Legislative Purpose and Construction note preceding section 101 of this title.

2006—Pub. L. 109–163, §3507(a)(1)(H), (3), which directed the amendment of section 1279b of the former Appendix to this title from which this section was derived, was repealed by Pub. L. 110–181, §3522(b). See 2008 Amendment notes and Historical and Revision notes above.
46 U.S.C. § 55313 (2024) — Title 46: SHIPPING / Chapter 553 / Subchapter II / Section 55313: Exemption of certain agricultural exports from cargo preference provisions
Exemption of certain agricultural exports from cargo preference provisions
Status: in_force

Sections 55304 and 55305 of this title do not apply to export activities of the Secretary of Agriculture or the Commodity Credit Corporation under which—

(1) agricultural commodities or their products acquired by the Corporation are made available to United States exporters, users, processors, or foreign purchasers for the purpose of developing, maintaining, or expanding export markets for United States agricultural commodities or their products at prevailing world market prices;

(2) payments are made available to United States exporters, users, or processors or, except as provided in section 55314 of this title, cash grants are made available to foreign purchasers, for the purpose described in paragraph (1);

(3) commercial credit guarantees are blended with direct credits from the Corporation to reduce the effective rate of interest on export sales of United States agricultural commodities or their products;

(4) credit or credit guarantees for not more than 3 years are extended by the Corporation to finance or guarantee export sales of United States agricultural commodities or their products; or

(5) agricultural commodities or their products owned or controlled by or under loan from the Corporation are exchanged or bartered for materials, goods, equipment, or services at least equal in value to the agricultural commodities or their products for which they are exchanged or bartered (determined on the basis of prevailing world market prices at the time of the exchange or barter), but this paragraph does not exempt from the cargo preference provisions referred to in section 55314(b) of this title any requirement otherwise applicable to the materials, goods, equipment, or services imported under the transaction.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1644.)

Historical and Revision Notes

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

55313
46 App.:1241e.
June 29, 1936, ch. 858, title IX, §901a, as added Pub. L. 99–198, title XI, §1142, Dec. 23, 1985, 99 Stat. 1490.
46 U.S.C. § 4301 (2024) — Title 46: SHIPPING / Chapter 43 / Section 4301: Application
Application
Status: in_force

(a) This chapter applies to a recreational vessel and associated equipment carried in the vessel on waters subject to the jurisdiction of the United States (including the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988) and, for a vessel owned in the United States, on the high seas.

(b) Except when expressly otherwise provided, this chapter does not apply to a foreign vessel temporarily operating on waters subject to the jurisdiction of the United States.

(c) Until there is a final judicial decision that they are navigable waters of the United States, the following waters lying entirely in New Hampshire are declared not to be waters subject to the jurisdiction of the United States within the meaning of this section: Lake Winnisquam, Lake Winnipesaukee, parts of the Merrimack River, and their tributary and connecting waters.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 529; Pub. L. 105–383, title III, §301(b)(4), Nov. 13, 1998, 112 Stat. 3417.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

4301 
46:1453

Section 4301 provides that this chapter is applicable to a recreational vessel that operates on waters subject to the jurisdiction of the United States or that is owned in the United States and while operating on the high seas.

It also provides that a foreign recreational vessel that temporarily uses our waters is not subject to the requirements of this chapter. However, if the vessel remains permanently in the United States, it would be subject to the provisions of this chapter.

Section 4301(c) recognizes the ongoing controversy over the navigability of certain waters of New Hampshire. While a recreational vessel operating on these waters need not meet the requirements of this chapter, it would be prohibited from operating on any other waters subject to the jurisdiction of the United States if it does not comply with these requirements.

Editorial Notes

References in Text

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

Amendments

1998—Subsec. (a). Pub. L. 105–383 inserted "(including the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988)" after "of the United States".

Statutory Notes and Related Subsidiaries

Effective Date

Chapter effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 98–89, set out as a note under section 3101 of this title.
46 U.S.C. § 10310 (2024) — Title 46: SHIPPING / Chapter 103 / Section 10310: Discharge
Discharge
Status: in_force

A master shall deliver to a seaman a full and true account of the seaman's wages and all deductions at least 48 hours before paying off or discharging the seaman.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 564; Pub. L. 103–206, title IV, §408, Dec. 20, 1993, 107 Stat. 2436.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

10310 
46:641
46:642

Section 10310 requires the master of a vessel to give each seaman a full account of the seaman's wages 48 hours before discharge. The penalty for violation is $50.

Editorial Notes

Amendments

1993—Pub. L. 103–206 struck out "or a shipping commissioner" after "to a seaman" and struck out at end "A master failing to deliver the account is liable to the United States Government for a civil penalty of $50."
46 U.S.C. § 6305 (2024) — Title 46: SHIPPING / Chapter 63 / Section 6305: Reports of investigations
Reports of investigations
Status: in_force

(a) The Secretary shall prescribe regulations about the form and manner of reports of investigations conducted under this part.

(b) Reports of investigations conducted under this part shall be made available to the public. This subsection does not require the release of information described by section 552(b) of title 5 or protected from disclosure by another law of the United States.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 538; Pub. L. 105–383, title III, §305, Nov. 13, 1998, 112 Stat. 3420.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

6305 
46:239(g)
46:239(k)

Section 6305 requires the Secretary to prescribe regulations about the form and manner of reports of investigations of marine casualties. It also provides that the reports shall be available to the public, except for any information they contain related to national security.

Editorial Notes

Amendments

1998—Subsec. (b). Pub. L. 105–383 substituted ". This subsection does not require the release of information described by section 552(b) of title 5 or protected from disclosure by another law of the United States." for ", except to the extent that they contain information related to the national security."
46 U.S.C. § 12121 (2024) — Title 46: SHIPPING / Chapter 121 / Subchapter II / Section 12121: Small passenger vessels and uninspected passenger vessels
Small passenger vessels and uninspected passenger vessels
Status: in_force

(a) Definitions.—In this section:

(1) Eligible vessel.—The term "eligible vessel" means a vessel that—

(A) was built in the United States;

(B) was not built in the United States and is at least 3 years old; or

(C) if rebuilt, was rebuilt—

(i) in the United States; or

(ii) outside the United States at least 3 years before the certificate requested under subsection (b) would take effect.

(2) Small passenger vessel; uninspected passenger vessel; passenger for hire.—The terms "small passenger vessel", "uninspected passenger vessel", and "passenger for hire" have the meaning given those terms in section 2101 of this title.

(b) Issuance of Certificate and Endorsement.—Notwithstanding sections 12112, 12113, 12132, 55102, and 55103 of this title, the Secretary may issue a certificate of documentation with an appropriate endorsement for employment in the coastwise trade as a small passenger vessel or an uninspected passenger vessel in the case of an eligible vessel authorized to carry no more than 12 passengers for hire if the Secretary of Transportation, after notice and an opportunity for public comment, determines that the employment of the vessel in the coastwise trade will not adversely affect—

(1) United States vessel builders; or

(2) the coastwise trade business of any person that employs vessels built in the United States in that business.

(c) Revocation.—

(1) For fraud.—The Secretary shall revoke a certificate or endorsement issued under subsection (b) if the Secretary of Transportation, after notice and an opportunity for a hearing, determines that the certificate or endorsement was obtained by fraud.

(2) Other provisions not affected.—Paragraph (1) does not affect—

(A) the criminal prohibition on fraud and false statements in section 1001 of title 18; or

(B) any other authority of the Secretary to revoke a certificate or endorsement issued under subsection (b).

(Pub. L. 109–304, §5, Oct. 6, 2006, 120 Stat. 1504; Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], §8312, Jan. 1, 2021, 134 Stat. 4697.)

Historical and Revision Notes

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

12121
46:12106 note.
Pub. L. 105–383, title V, §§502–504, Nov. 13, 1998, 112 Stat. 3445; Pub. L. 107–295, title II, §207(c)(2), Nov. 25, 2002, 116 Stat. 2097.

The definition of "Secretary" is omitted for consistency in the chapter.

Editorial Notes

Amendments

2021—Subsec. (a)(1). Pub. L. 116–283, §8312(1), added subpars. (A) to (C) and struck out former subpars. (A) and (B) which read as follows:

"(A) was not built in the United States and is at least 3 years old; or

"(B) if rebuilt, was rebuilt outside the United States at least 3 years before the certificate requested under subsection (b) would take effect."

Subsec. (b). Pub. L. 116–283, §8312(2), inserted "12132," after "12113," in introductory provisions.

Prior Provisions

A prior section 12121, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 589, originally derived from section 65v(2) of former Title 46, Shipping, related to the authority of the Secretary to prescribe regulations to carry out this chapter, 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.

A prior section 12122, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 590; Pub. L. 99–307, §1(16), May 19, 1986, 100 Stat. 446; Pub. L. 104–324, title III, §301(a), (b), Oct. 19, 1996, 110 Stat. 3916; Pub. L. 105–277, div. C, title II, §203(f), Oct. 21, 1998, 112 Stat. 2681–620; Pub. L. 106–31, title III, §3027(b), May 21, 1999, 113 Stat. 101; Pub. L. 108–293, title IV, §404(b), Aug. 9, 2004, 118 Stat. 1043, originally derived from sections 65n and 65u(a) of former Title 46, Shipping, related to penalties, prior to the general amendment of this chapter by Pub. L. 109–304. See section 12151 of this title.

A prior section 12123, added Pub. L. 102–587, title V, §5213(a)(3), Nov. 4, 1992, 106 Stat. 5077, related to denial and revocation of endorsements, prior to the general amendment of this chapter by Pub. L. 109–304. See section 12152 of this title.

Another prior section 12123, added Pub. L. 102–388, title III, §348(a), Oct. 6, 1992, 106 Stat. 1554, related to the denial and revocation of trade or recreational endorsement upon failure of vessel's owner to pay assessment of civil penalty for violation of law, prior to repeal by Pub. L. 104–324, title VII, §746(a)(1), Oct. 19, 1996, 110 Stat. 3943.

A prior section 12124, added Pub. L. 105–383, title IV, §401(a)(2), Nov. 13, 1998, 112 Stat. 3424, related to surrender of title and number, prior to the general amendment of this chapter by Pub. L. 109–304. See section 12106 of this title.

Statutory Notes and Related Subsidiaries

Effect of Repeal

Pub. L. 107–295, title II, §207(c)(1), Nov. 25, 2002, 116 Stat. 2097, provided that: "Section 505 of the Coast Guard Authorization Act of 1998 [Pub. L. 105–383] ([formerly] 46 U.S.C. 12106 note) is repealed. The repeal of section 505 shall have no effect on the validity of any certificate or endorsement issued under section 502 of that Act [now 46 U.S.C. 12121(b)]."
46 U.S.C. § 51310 (2024) — Title 46: SHIPPING / Chapter 513 / Section 51310: Deferment of service obligation under cadet commitment agreements
Deferment of service obligation under cadet commitment agreements
Status: in_force

The Secretary of Transportation may defer the service commitment of an individual under section 51306(a)(5) of this title (as specified in the cadet commitment agreement) for not more than 2 years if the individual is engaged in a graduate course of study approved by the Secretary. However, deferment of service as a commissioned officer under section 51306(a)(5) must be approved by the Secretary of the military department that has jurisdiction over the service or by the Secretary of Commerce for service with the National Oceanic and Atmospheric Administration.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1575.)

Historical and Revision Notes

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

51310
46 App.:1295b(e)(5).
June 29, 1936, ch. 858, title XIII, §1303(e)(5), as added Pub. L. 96–453, §2, Oct. 15, 1980, 94 Stat. 2001; Pub. L. 97–31, §12(144)(B), Aug. 6, 1981, 95 Stat. 166; Pub. L. 108–136, title XXXV, §3515(b)(6), Nov. 24, 2003, 117 Stat. 1793.
46 U.S.C. § 6306 (2024) — Title 46: SHIPPING / Chapter 63 / Section 6306: Penalty
Penalty
Status: in_force

A person attempting to coerce a witness, or to induce a witness, to testify falsely in connection with a marine casualty, or to induce a witness to leave the jurisdiction of the United States, shall be fined $5,000, imprisoned for one year, or both.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 538.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

6306 
46:239(i)

Section 6306 provides for a $5,000 criminal penalty for anyone attempting to coerce or to induce a witness to a marine casualty investigation to testify falsely or to leave the jurisdiction of the United States.
46 U.S.C. § 57504 (2024) — Title 46: SHIPPING / Chapter 575 / Subchapter I / Section 57504: Charter or sale of vessels acquired by Department of Transportation
Charter or sale of vessels acquired by Department of Transportation
Status: in_force

Vessels transferred to or otherwise acquired by the Department of Transportation in any manner may be chartered or sold by the Secretary of Transportation as provided in this chapter.

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

Historical and Revision Notes

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

57504
46 App.:1194.
June 29, 1936, ch. 858, title VII, §704, 49 Stat. 2008; Apr. 1, 1937, ch. 64, 50 Stat. 57; Pub. L. 97–31, §12(106), Aug. 6, 1981, 95 Stat. 163.
46 U.S.C. § 10312 (2024) — Title 46: SHIPPING / Chapter 103 / Section 10312: Settlements on discharge
Settlements on discharge
Status: in_force

When discharge and settlement are completed, the master, individual in charge, or owner and each seaman shall sign the agreement required by section 10302 of this title.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 565; Pub. L. 103–206, title IV, §410, Dec. 20, 1993, 107 Stat. 2437.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

10312(a), (b), (d)–(f) 
46:644

10312(c) 
46:652

Section 10312 outlines the procedures for settlements upon discharge and for settling disputes over seamen's wages and discharges.

Editorial Notes

Amendments

1993—Pub. L. 103–206 amended heading and text of section generally, substituting text consisting of sentence relating to signing agreements on discharge and settlement for former subsecs. (a) to (f) relating to such agreements, proceedings before shipping commissioners to settle disputes, certified copies of agreements, evidence of release of claims, and statements of wages paid.
46 U.S.C. § 55103 (2024) — Title 46: SHIPPING / Chapter 551 / Section 55103: Transportation of passengers
Transportation of passengers
Status: in_force

(a) In General.—Except as otherwise provided in this chapter or chapter 121 of this title, a vessel may not transport passengers between ports or places in the United States to which the coastwise laws apply, either directly or via a foreign port, unless the vessel—

(1) is wholly owned by citizens of the United States for purposes of engaging in the coastwise trade; and

(2) has been issued a certificate of documentation with a coastwise endorsement under chapter 121 or is exempt from documentation but would otherwise be eligible for such a certificate and endorsement.

(b) Penalty.—The penalty for violating subsection (a) is $300 for each passenger transported and landed.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1633.)

Historical and Revision Notes

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

55103
46 App.:289.
June 19, 1886, ch. 421, §8, 24 Stat. 81; Feb. 17, 1898, ch. 26, §2, 30 Stat. 248.

This section is substituted for the source provision for consistency with section 55102. See 19 C.F.R. §§4.80, 4.80a (2004).

In subsection (b), the penalty amount reflects the adjustment for inflation pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note). See 19 C.F.R. §4.80(b)(2) (2004).
46 U.S.C. § 41108 (2024) — Title 46: SHIPPING / Chapter 411 / Section 41108: Additional penalties
Additional penalties
Status: in_force

(a) Suspension of Tariffs.—For a violation of paragraph (1), (2), or (7) of section 41104(a) of this title, the Federal Maritime Commission may suspend any or all tariffs of the common carrier, or that common carrier's right to use any or all tariffs of conferences of which it is a member, for a period not to exceed 12 months.

(b) Operating Under Suspended Tariff.—A common carrier that accepts or handles cargo for carriage under a tariff that has been suspended, or after its right to use that tariff has been suspended, is liable to the United States Government for a civil penalty of not more than $50,000 for each shipment.

(c) Failure To Provide Information.—

(1) Penalties.—If the Commission finds, after notice and opportunity for a hearing, that a common carrier has failed to supply information ordered to be produced or compelled by subpoena under section 41303 of this title, the Commission may—

(A) suspend any or all tariffs of the carrier or the carrier's right to use any or all tariffs of conferences of which it is a member; and

(B) request the Secretary of Homeland Security to refuse or revoke any clearance required for a vessel operated by the carrier, and when so requested, the Secretary shall refuse or revoke the clearance.

(2) Defense based on foreign law.—If, in defense of its failure to comply with a subpoena or discovery order, a common carrier alleges that information or documents located in a foreign country cannot be produced because of the laws of that country, the Commission shall immediately notify the Secretary of State of the failure to comply and of the allegation relating to foreign laws. On receiving the notification, the Secretary of State shall promptly consult with the government of the nation within which the information or documents are alleged to be located for the purpose of assisting the Commission in obtaining the information or documents.

(d) Impairing Access to Foreign Trade.—If the Commission finds, after notice and opportunity for a hearing, that the action of a common carrier, acting alone or in concert with another person, or a foreign government has unduly impaired access of a vessel documented under the laws of the United States to ocean trade between foreign ports, the Commission shall take action that it finds appropriate, including imposing any of the penalties authorized by this section. The Commission also may take any of the actions authorized by sections 42304 and 42305 of this title.

(e) Submission of Order to President.—Before an order under this section becomes effective, it shall be submitted immediately to the President. The President, within 10 days after receiving it, may disapprove it if the President finds that disapproval is required for reasons of national defense or foreign policy.

(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1543; Pub. L. 117–146, §15(a), June 16, 2022, 136 Stat. 1279.)

Historical and Revision Notes

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

41108(a)
46 App.:1712(b)(1).
Pub. L. 98–237, §13(b), Mar. 20, 1984, 98 Stat. 82; Pub. L. 105–258, title I, §112(b), Oct. 14, 1998, 112 Stat. 1911.

41108(b)
46 App.:1712(b)(3).

41108(c)
46 App.:1712(b)(2), (4), (5).

41108(d)
46 App.:1712(b)(6).

 
46 App.:1710a(h) (related to 1712(b)(6)).
Pub. L. 100–418, title X, §10002(h) (related to §13(b)(6)), Aug. 23, 1988, 102 Stat. 1572; Pub. L. 105–258, title I, §111(7), Oct. 14, 1998, 112 Stat. 1911.

41108(e)
46 App.:1712(b)(7).

In subsection (c)(1)(B), the words "Secretary of Homeland Security" are substituted for "Secretary of the Treasury" because the functions of the Secretary of the Treasury relating to the Customs Service were transferred to the Secretary of Homeland Security by section 403(1) of the Homeland Security Act of 2002 (Pub. L. 107–296, 116 Stat. 2178).

Editorial Notes

Amendments

2022—Subsec. (a). Pub. L. 117–146 substituted "paragraph (1), (2), or (7) of section 41104(a)" for "section 41104(1), (2), or (7)".
46 U.S.C. § 50110 (2024) — Title 46: SHIPPING / Chapter 501 / Section 50110: Securing preference to vessels of the United States
Securing preference to vessels of the United States
Status: in_force

(a) Possibilities of Promoting Carriage.—The Secretary of Transportation shall investigate, determine, and keep current records of the possibilities of promoting the carriage of United States foreign trade in vessels of the United States.

(b) Inducements to Importers and Exporters.—The Secretary shall study and cooperate with vessel owners in devising means by which the importers and exporters of the United States can be induced to give preference to vessels of the United States.

(c) Liaison With Agencies and Organizations.—The Secretary shall establish and maintain liaison with such other agencies of the United States Government, and with such representative trade organizations throughout the United States, as may be concerned, directly or indirectly, with any movement of commodities in the waterborne export and import foreign commerce of the United States, for the purpose of securing preference to vessels of the United States in the shipment of those commodities.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1560.)

Historical and Revision Notes

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

50110(a)
46 App.:1121(j) (words between 1st and 2d semicolons).
June 29, 1936, ch. 858, title II, §211(j) (words between 1st and 2d semicolons), 49 Stat. 1989; Pub. L. 91–469, §§4(2), 35(a), Oct. 21, 1970, 84 Stat. 1018, 1035; Pub. L. 97–31, §12(67), Aug. 6, 1981, 95 Stat. 159.

50110(b)
46 App.:1122(b)(1).
June 29, 1936, ch. 858, title II, §212(b)(1), (d), 49 Stat. 1990; Pub. L. 97–31, §12(69), Aug. 6, 1981, 95 Stat. 159; Pub. L. 98–237, §20(c), Mar. 20, 1984, 98 Stat. 90.

50110(c)
46 App.:1122(d).
46 U.S.C. § 12151 (2024) — Title 46: SHIPPING / Chapter 121 / Subchapter IV / Section 12151: Penalties
Penalties
Status: in_force

(a) In General.—

(1) Civil penalties.—Except as provided in paragraph (2), a person that violates this chapter or a regulation prescribed under this chapter is liable to the United States Government for a civil penalty of not more than $15,000. Each day of a continuing violation is a separate violation.

(2) Activities involving mobile offshore drilling units.—A person that violates section 12111(d) or a regulation prescribed under that section is liable to the United States Government for a civil penalty in an amount that is $25,000 or twice the charter rate of the vessel involved in the violation (as determined by the Secretary), whichever is greater. Each day of a continuing violation is a separate violation.

(b) Seizure and Forfeiture of Vessels.—A vessel and its equipment are liable to seizure by and forfeiture to the Government if—

(1) the owner of the vessel or the representative or agent of the owner knowingly falsifies or conceals a material fact, or knowingly makes a false statement or representation, about the documentation of the vessel or in applying for documentation of the vessel;

(2) a certificate of documentation is knowingly and fraudulently used for the vessel;

(3) the vessel is operated after its endorsement has been denied or revoked under section 12152 of this title;

(4) the vessel is employed in a trade without an appropriate endorsement;

(5) the vessel has only a recreational endorsement and is operated other than for pleasure;

(6) the vessel is a documented vessel and is placed under the command of a person not a citizen of the United States, except as authorized by section 12131(b) of this title; or

(7) the vessel is rebuilt outside the United States and a report of the rebuilding is not submitted as required by section 12139(b) of this title.

(c) Engaging in Fishing After Falsifying Eligibility.—In addition to other penalties under this section, the owner of a documented vessel for which a fishery endorsement has been issued is liable to the Government for a civil penalty of not more than $100,000 for each day the vessel engages in fishing (as defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802)) within the exclusive economic zone, if the owner or the representative or agent of the owner knowingly falsified or concealed a material fact, or knowingly made a false statement or representation, about the eligibility of the vessel under section 12113(c) or (d) of this title in applying for or applying to renew the fishery endorsement.

(Pub. L. 109–304, §5, Oct. 6, 2006, 120 Stat. 1508; Pub. L. 112–213, title III, §309, Dec. 20, 2012, 126 Stat. 1566.)

Historical and Revision Notes

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

12151(a)
46:12122(a).

12151(b)
46:12122(b).

 
46 App.:14 (last proviso).
R.S. §4136 (last proviso); Feb. 24, 1915, ch. 57, 38 Stat. 812; Pub. L. 103–182, title VI, §686(a)(4), Dec. 8, 1993, 107 Stat. 2220.

 
46 App.:883a (2d, last sentences).
July 14, 1956, ch. 600, §2 (2d, last sentences), 70 Stat. 544; Pub. L. 86–583, §2, July 5, 1960, 74 Stat. 321.

12151(c)
46:12122(c).

In subsection (b), in restating 46 App. U.S.C. 883a (2d, last sentences), the penalty of $200 for the owner and master of the vessel is omitted because subsection (a) provides a general civil penalty for violation of this chapter. The authority to remit or mitigate a penalty under section 2107(b) is omitted because section 2107(b) applies to subtitle II and this section is in subtitle II.

Editorial Notes

Amendments

2012—Subsec. (a). Pub. L. 112–213 designated existing provisions as par. (1), inserted par. (1) heading, substituted "Except as provided in paragraph (2), a person that violates" for "A person that violates" and "$15,000" for "$10,000", and added par. (2).
46 U.S.C. § 3714 (2024) — Title 46: SHIPPING / Chapter 37 / Section 3714: Inspection and examination
Inspection and examination
Status: in_force

(a)(1) The Secretary shall have each vessel to which this chapter applies inspected or examined at least once each year.

(2) Each of those vessels that is more than 10 years of age shall undergo a special and detailed inspection of structural strength and hull integrity as specified by the Secretary.

(3) The Secretary may make contracts for conducting inspections or examinations in the United States and in foreign countries. An inspector conducting an inspection or examination under contract may not issue a certificate of inspection or a certificate of compliance, but the inspector may issue a temporary certificate.

(4) The Secretary shall prescribe by regulation reasonable fees for an inspection or examination conducted under this section outside the United States, or which, when involving a foreign vessel, is conducted under a contract authorized by paragraph (3) of this subsection. The owner, charterer, or managing operator of a vessel inspected or examined by the Secretary is liable for the fees. Amounts received as fees shall be deposited in the Treasury.

(5) The Secretary may allow provisional entry of a vessel to conduct an inspection or examination under this chapter.

(b) Each vessel to which this chapter applies shall have on board those documents the Secretary considers necessary for inspection and enforcement, including documents listing—

(1) the type, grade, and approximate quantities of cargo on board;

(2) the shipper and consignee of the cargo;

(3) the places of origin and destination of the vessel; and

(4) the name of an agent in the United States authorized to accept service of legal process.

(c) Each vessel to which this chapter applies that operates in the United States shall have a person designated as authorized to accept service of legal process for the vessel.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 526; Pub. L. 99–307, §1(8), May 19, 1986, 100 Stat. 445.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

3714 
46:391a(15)

Section 3714(a) requires the Secretary to establish a program for the inspection of tank vessels, foreign or domestic, at least once each year. The Committee contemplates that United States vessels will be issued a 2 year certificate of inspection with a mid-period examination. The Committee also contemplates that foreign-flag vessels will continue to be tracked and boarded at least once a year or when they first arrive in the United States. The Secretary may examine the foreign-flag tank vessel but may accept, as a basis for the issuance of a certificate of compliance, in whole or in part a foreign-issued certificate.

Each vessel over 10 years of age must undergo a special and detailed inspection of structural strength and hull integrity, as specified by the Secretary. An inspection or examination may be conducted by any officer authorized by the Secretary. The Committee expects that, whenever possible, a qualified marine inspector will be used wherever the vessel undergoes these 10-year inspections. The Secretary may also contract for inspections or examinations in the United States and in foreign countries.

The primary reason for including a provision that permits the contracting for the conduct of inspections and examinations is to provide flexibility in foreign areas where Coast Guard marine inspectors are not normally available.

A contract inspector may be authorized to act on behalf of the Secretary, but may not issue a certificate of inspection or compliance. The inspector may, however, issue a temporary certificate.

The Committee understands that the 10-year inspections of United States-flag and foreign-flag vessels may occur at the time the vessel is scheduled for shipyard availability to complete the periodic classification society survey.

The Secretary is also authorized and directed to prescribe by regulation reasonable fees for certain inspections or examinations conducted pursuant to this section based on the cost incurred. The owner of any vessel inspected or examined by the Secretary or his designee shall be liable for the fee. Amounts received as fees under this section are to be deposited in the Treasury.

Section 3714(b) requires each vessel subject to this chapter to have on board those documents the Secretary declares are necessary for inspection or enforcement, including, but not limited to documents indicating the kind, grade, and approximate quantities of any cargo on board; the shipper and consignee of the cargo; the points of origin and destination of the vessel; and the name of an agent in the United States authorized to accept legal process.

Section 3714(c) requires each vessel subject to this chapter to have a person authorized to accept service of legal process for the vessel.

Editorial Notes

Amendments

1986—Subsec. (a)(4). Pub. L. 99–307 substituted "charterer" for "charter".
46 U.S.C. § 14504 (2024) — Title 46: SHIPPING / Chapter 145 / Subchapter I / Section 14504: Remeasurement
Remeasurement
Status: in_force

(a) To the extent necessary, the Secretary shall remeasure a vessel to which this chapter applies if—

(1) the Secretary or the owner alleges an error in its measurement;

(2) the vessel or the use of its space is changed in a way that substantially affects its tonnage;

(3) after being measured under subchapter III of this chapter, the vessel becomes subject to subchapter II of this chapter because the vessel or its use is changed; or

(4) although not required to be measured under subchapter II of this chapter, the vessel was measured under subchapter II and the owner requests that the vessel be measured under subchapter III of this chapter.

(b) Except as provided in this section and chapter 143 of this title, a vessel that has been measured does not have to be remeasured to obtain another document or endorsement under chapter 121 of this title.

(Pub. L. 99–509, title V, §5101(3), Oct. 21, 1986, 100 Stat. 1923.)

Historical and Revision Notes

Revised section 14504

Source: Section (U.S. Code) 46 App. U.S.C. 71.

Section 14504(a) provides that the Secretary shall remeasure a vessel that has been measured under the regulatory measurement system if either the Secretary or the owner alleges an error in its measurement; if the vessel, or its use, undergoes a substantial change affecting its tonnage; if the vessel loses its eligibility for measurement under the simplified system because of a change in the vessel or its use; or if the vessel owner requests that the vessel be measured under the simplified system after having been measured under the standard regulatory measurement system. Section 14504(b) provides that a vessel that has been measured does not have to be remeasured to obtain another document or endorsement under chapter 121—"Documentation of Vessels"—except as provided above or in chapter 143 of this subtitle.
46 U.S.C. § 53908 (2024) — Title 46: SHIPPING / Chapter 539 / Section 53908: Additional insurance privately obtained
Additional insurance privately obtained
Status: in_force

With the approval of the Secretary of Transportation, a person having an insurable interest in a vessel may obtain insurance on the vessel with other underwriting agents in addition to the insurance with the Secretary. The Secretary is not entitled to the benefit of the additional insurance.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1630.)

Historical and Revision Notes

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

53908
46 App.:1293.
June 29, 1936, ch. 858, title XII, §1213, as added Sept. 7, 1950, ch. 906, 64 Stat. 777; Pub. L. 97–31, §12(141), Aug. 6, 1981, 95 Stat. 166.
46 U.S.C. § 10711 (2024) — Title 46: SHIPPING / Chapter 107 / Section 10711: Penalties
Penalties
Status: in_force

An owner or master violating this chapter are each liable to the United States Government for a civil penalty of 3 times the value of the seaman's money, property, and wages involved or, if the value is not determined, of $200.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 574.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

10711 
46:623

Section 10711 provides penalties for masters and owners violating this chapter.
46 U.S.C. § 58107 (2024) — Title 46: SHIPPING / Chapter 581 / Section 58107: Discrimination at ports by water common carriers
Discrimination at ports by water common carriers
Status: in_force

(a) Prohibition.—A common carrier by water may not, directly or indirectly, through an agreement, conference, association, understanding, or otherwise, prevent or attempt to prevent any other common carrier by water from serving any port described in subsection (b) at the same rates the first carrier charges at the nearest port already regularly served by it.

(b) Ports.—A port referred to in subsection (a) is one that is—

(1) designed for the accommodation of ocean-going vessels;

(2) located on an improvement project authorized by law or by a Federal agency; and

(3) located within the continental limits of the United States.

(c) Other Authority Not Limited.—This section does not limit the authority otherwise vested in the Secretary of Transportation and the Federal Maritime Commission.

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

Historical and Revision Notes

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

58107
46 App.:1115.
June 29, 1936, ch. 858, title II, §205, 49 Stat. 1987; Pub. L. 97–31, §12(62), Aug. 6, 1981, 95 Stat. 159.
46 U.S.C. § 70113 (2024) — Title 46: SHIPPING / Chapter 701 / Subchapter I / Section 70113: Maritime intelligence
Maritime intelligence
Status: in_force

(a) In General.—The Secretary shall implement a system to collect, integrate, and analyze information concerning vessels operating on or bound for waters subject to the jurisdiction of the United States, including information related to crew, passengers, cargo, and intermodal shipments. The system may include a vessel risk profiling component that assigns incoming vessels a terrorism risk rating.

(b) Consultation.—In developing the information system under subsection (a), the Secretary shall consult with the Transportation Security Oversight Board and other departments and agencies, as appropriate.

(c) Information Integration.—To deter a transportation security incident, the Secretary may collect information from public and private entities to the extent that the information is not provided by other Federal departments and agencies.

(Added Pub. L. 107–295, title I, §102(a), Nov. 25, 2002, 116 Stat. 2082; amended Pub. L. 108–293, title VIII, §803(a), Aug. 9, 2004, 118 Stat. 1080.)

Editorial Notes

Amendments

2004—Subsec. (a). Pub. L. 108–293 inserted at end "The system may include a vessel risk profiling component that assigns incoming vessels a terrorism risk rating."
46 U.S.C. § 70013 (2024) — Title 46: SHIPPING / Chapter 700 / Subchapter II / Section 70013: Requirement to notify Coast Guard of release of objects into the navigable waters of the United States
Requirement to notify Coast Guard of release of objects into the navigable waters of the United States
Status: in_force

(a) Requirement.—As soon as a person has knowledge of any release from a vessel or facility into the navigable waters of the United States of any object that creates an obstruction prohibited under section 10 of the Act of March 3, 1899, popularly known as the Rivers and Harbors Appropriations Act of 1899 (33 U.S.C. 403), such person shall notify the Secretary and the Secretary of the Army of such release.

(b) Restriction on Use of Notification.—Any notification provided by an individual in accordance with subsection (a) may not be used against such individual in any criminal case, except a prosecution for perjury or for giving a false statement.

(Added Pub. L. 115–282, title IV, §401(a), Dec. 4, 2018, 132 Stat. 4259.)

Editorial Notes

References in Text

Section 10 of the Act of March 3, 1899, popularly known as the Rivers and Harbors Appropriations Act of 1899, referred to in subsec. (a), means section 10 of act Mar. 3, 1899, ch. 425, 30 Stat. 1151, known as the Rivers and Harbors Appropriation Act of 1899, which is classified to section 403 of Title 33, Navigation and Navigable Waters.
46 U.S.C. § 4312 (2024) — Title 46: SHIPPING / Chapter 43 / Section 4312: Engine cut-off switches
Engine cut-off switches
Status: in_force

(a) Installation Requirement.—A manufacturer, distributor, or dealer that installs propulsion machinery and associated starting controls on a covered recreational vessel shall equip such vessel with an engine cut-off switch and engine cut-off switch link that meet American Boat and Yacht Council Standard A–33, as in effect on the date of the enactment of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282).

(b) Use Requirement.—

(1) In general.—An individual operating a covered recreational vessel shall use an engine cut-off switch link while operating on plane or above displacement speed.

(2) Exceptions.—The requirement under paragraph (1) shall not apply if—

(A) the main helm of the covered vessel is installed within an enclosed cabin; or

(B) the vessel does not have an engine cut-off switch and is not required to have one under subsection (a).

(c) Education on Cut-off Switches.—The Commandant of the Coast Guard, through the National Boating Safety Advisory Committee established under section 15105, may initiate a boating safety program on the use and benefits of cut-off switches for recreational vessels.

(d) Availability of Standard for Inspection.—

(1) In general.—Not later than 90 days after the date of the enactment of this section, the Commandant shall transmit American Boat and Yacht Council Standard A–33, as in effect on the date of enactment of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282), to—

(A) the Committee on Transportation and Infrastructure of the House of Representatives;

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

(C) the Coast Guard Office of Design and Engineering Standards; and

(D) the National Archives and Records Administration.

(2) Availability.—The standard submitted under paragraph (1) shall be kept on file and available for public inspection at such Coast Guard office and the National Archives and Records Administration.

(e) Definitions.—In this section:

(1) Covered recreational vessel.—The term "covered recreational vessel" means a recreational vessel that is—

(A) less than 26 feet overall in length; and

(B) capable of developing 115 pounds or more of static thrust.

(2) Dealer.—The term "dealer" means any person who is engaged in the sale and distribution of recreational vessels or associated equipment to purchasers whom the seller in good faith believes to be purchasing any such vessel or associated equipment for purposes other than resale.

(3) Distributor.—The term "distributor" means any person engaged in the sale and distribution of recreational vessels and associated equipment for the purposes of resale.

(4) Manufacturer.—The term "equipment manufacturer" means any person engaged in the manufacture, construction, or assembly of recreational vessels or associated equipment, or the importation of recreational vessels into the United States for subsequent sale.

(5) Propulsion machinery.—The term "propulsion machinery" means a self-contained propulsion system, and includes, but is not limited to, inboard engines, outboard motors, and sterndrive engines.

(6) Static thrust.—The term "static thrust" means the forward or backwards thrust developed by propulsion machinery while stationary.

(Added Pub. L. 115–282, title V, §503(a), Dec. 4, 2018, 132 Stat. 4270; amended Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], §8316(a), title LVXXXV [LXXXV], §8507(a)(2), Jan. 1, 2021, 134 Stat. 4699, 4752.)

Editorial Notes

References in Text

The date of enactment of the Frank LoBiondo Coast Guard Authorization Act of 2018, referred to in subsecs. (a) and (d)(1), is the date of enactment of Pub. L. 115–282, which was approved Dec. 4, 2018.

The date of the enactment of this section, referred to in subsec. (c)(1), is the date of enactment of Pub. L. 115–282, which was approved Dec. 4, 2018.

Amendments

2021—Pub. L. 116–283, §8507(a)(2), substituted "Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282)" for "Coast Guard Authorization Act of 2017" in two places.

Subsecs. (b) to (e). Pub. L. 116–283, §8316(a), added subsec. (b) and redesignated former subsecs. (b) to (d) as (c) to (e), respectively.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by Pub. L. 116–283 effective 90 days after Jan. 1, 2021, unless the Commandant of the Coast Guard, prior to the date that is 90 days after Jan. 1, 2021, determines that the use requirement enacted in section 8316(a) of Pub. L. 116–283 (amending this section) would not promote recreational boating safety. See section 8316(c) of Pub. L. 116–283, set out as a note under section 4311 of this title.

Effective Date

Pub. L. 115–282, title V, §503(c), Dec. 4, 2018, 132 Stat. 4271, provided that: "Section 4312 of title 46, United States Code, as amended [probably should be "enacted"] by this section, shall take effect one year after the date of the enactment of this Act [Dec. 4, 2018]."
46 U.S.C. § 6102 (2024) — Title 46: SHIPPING / Chapter 61 / Section 6102: State marine casualty reporting system
State marine casualty reporting system
Status: in_force

(a) The Secretary shall prescribe regulations for a uniform State marine casualty reporting system for vessels. Regulations shall prescribe the casualties to be reported and the manner of reporting. A State shall compile and submit to the Secretary reports, information, and statistics on casualties reported to the State, including information and statistics concerning the number of casualties in which the use of alcohol contributed to the casualty.

(b) The Secretary shall collect, analyze, and publish reports, information, and statistics on marine casualties together with findings and recommendations the Secretary considers appropriate. If a State marine casualty reporting system provides that information derived from casualty reports (except statistical information) may not be publicly disclosed, or otherwise prohibits use by the State or any person in any action or proceeding against a person, the Secretary may use the information provided by the State only in the same way that the State may use the information.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 536; Pub. L. 98–557, §7(b)(2), Oct. 30, 1984, 98 Stat. 2862.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

6102 
46:1486

Section 6102(a) requires the Secretary to prescribe regulations for a uniform State marine casualty reporting system for vessels. The Secretary may limit the scope and types of casualties to be investigated and reported by the State. It also requires the State to submit to the Secretary reports, information, and statistics on casualties reported to the State.

Subsection (b) requires the Secretary to analyze the information that is received from the State. It also prohibits the Secretary from disclosing the information, proceeding against any person based on this information, or otherwise using the information, if the State cannot use the information in the same way.

Editorial Notes

Amendments

1984—Subsec. (a). Pub. L. 98–557 inserted provisions relating to alcohol as a contributing factor to the casualty.

Statutory Notes and Related Subsidiaries

Plan To Increase Marine Casualty Reporting

Pub. L. 104–324, title III, §314(a), Oct. 19, 1996, 110 Stat. 3922, provided that: "Not later than one year after enactment of this Act [Oct. 19, 1996], the Secretary of Transportation shall, in consultation with appropriate State agencies, submit to the Committee on Resources [now Committee on Natural Resources] of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a plan to increase reporting of vessel accidents to appropriate State law enforcement officials."
46 U.S.C. § 7303 (2024) — Title 46: SHIPPING / Chapter 73 / Section 7303: Possession and description of merchant mariners' documents
Possession and description of merchant mariners' documents
Status: in_force

A merchant mariner's document shall be retained by the individual to whom issued. The document shall contain the signature, notations of nationality, age, and physical description, the photograph, and the home address of the individual. In addition, the document shall specify the rate or ratings in which the individual is qualified to serve.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 542; Pub. L. 107–295, title IV, §421, Nov. 25, 2002, 116 Stat. 2125; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8505(b)(3), Jan. 1, 2021, 134 Stat. 4751.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

7303 
46:643(a)

Section 7303 requires seamen to retain their merchant mariner's documents. It also specifies the information that is to be contained in the document.

Editorial Notes

Amendments

2021—Pub. L. 116–283 substituted "individual" for "seaman" wherever appearing.

2002—Pub. L. 107–295 struck out "the thumbprint," after "photograph,".
46 U.S.C. § 70005 (2024) — Title 46: SHIPPING / Chapter 700 / Subchapter I / Section 70005: International agreements
International agreements
Status: in_force

(a) Transmittal of Regulations.—The Secretary shall transmit, via the Secretary of State, to appropriate international bodies or forums, any regulations issued under this subchapter, for consideration as international standards.

(b) Agreements.—The President is authorized and encouraged to—

(1) enter into negotiations and conclude and execute agreements with neighboring nations, to establish compatible vessel standards and vessel traffic services, and to establish, operate, and maintain international vessel traffic services, in areas and under circumstances of mutual concern; and

(2) enter into negotiations, through appropriate international bodies, and conclude and execute agreements to establish vessel traffic services in appropriate areas of the high seas.

(c) Operations.—The Secretary, pursuant to any agreement negotiated under subsection (b) that is binding upon the United States in accordance with constitutional requirements, may—

(1) require vessels operating in an area of a vessel traffic service to utilize or to comply with the vessel traffic service, including the carrying or installation of equipment and devices as necessary for the use of the service; and

(2) waive, by order or regulation, the application of any United States law or regulation concerning the design, construction, operation, equipment, personnel qualifications, and manning standards for vessels operating in waters over which the United States exercises jurisdiction if such vessel is not en route to or from a United States port or place, and if vessels en route to or from a United States port or place are accorded equivalent waivers of laws and regulations of the neighboring nation, when operating in waters over which that nation exercises jurisdiction.

(d) Ship Reporting Systems.—The Secretary, in cooperation with the International Maritime Organization, may implement and enforce two mandatory ship reporting systems, consistent with international law, with respect to vessels subject to such reporting systems entering the following areas of the Atlantic Ocean:

(1) Cape Cod Bay, Massachusetts Bay, and Great South Channel (in the area generally bounded by a line starting from a point on Cape Ann, Massachusetts at 42 deg. 39′ N., 70 deg. 37′ W; then northeast to 42 deg. 45′ N., 70 deg. 13′ W; then southeast to 42 deg. 10′ N., 68 deg. 31′ W, then south to 41 deg. 00′ N., 68 deg. 31′ W; then west to 41 deg. 00′ N., 69 deg. 17′ W; then northeast to 42 deg. 05′ N., 70 deg. 02′ W, then west to 42 deg. 04′ N., 70 deg. 10′ W; and then along the Massachusetts shoreline of Cape Cod Bay and Massachusetts Bay back to the point on Cape Ann at 42 deg. 39′ N., 70 deg. 37′ W).

(2) In the coastal waters of the Southeastern United States within about 25 nm along a 90 nm stretch of the Atlantic seaboard (in an area generally extending from the shoreline east to longitude 80 deg. 51.6′ W with the southern and northern boundary at latitudes 30 deg. 00′ N., 31 deg. 27′ N., respectively).

(Added Pub. L. 115–282, title IV, §401(a), Dec. 4, 2018, 132 Stat. 4257.)
46 U.S.C. § 7115 (2024) — Title 46: SHIPPING / Chapter 71 / Section 7115: Repealed. Pub. L. 115-282, title VI, §601(c)(2), Dec. 4, 2018, 132 Stat. 4289
Repealed. Pub. L. 115-282, title VI, §601(c)(2), Dec. 4, 2018, 132 Stat. 4289
Status: repealed

[§7115. Repealed. Pub. L. 115–282, title VI, §601(c)(2), Dec. 4, 2018, 132 Stat. 4289]

Section, added Pub. L. 111–281, title II, §210(a), Oct. 15, 2010, 124 Stat. 2913, established the Merchant Mariner Medical Advisory Committee. See section 15104 of this title.
46 U.S.C. § 3705 (2024) — Title 46: SHIPPING / Chapter 37 / Section 3705: Crude oil tanker minimum standards
Crude oil tanker minimum standards
Status: in_force

(a) A new crude oil tanker of at least 20,000 deadweight tons shall be equipped with—

(1) protectively located segregated ballast tanks;

(2) a crude oil washing system; and

(3) a cargo tank protection system consisting of a fixed deck froth system and a fixed inert gas system.

(b) An existing crude oil tanker of at least 40,000 deadweight tons shall be equipped with—

(1) segregated ballast tanks; or

(2) a crude oil washing system.

(c) An existing crude oil tanker of at least 20,000 deadweight tons but less than 40,000 deadweight tons, and at least 15 years of age, shall be equipped with segregated ballast tanks or a crude oil washing system.

(d) An existing crude oil tanker of at least 20,000 deadweight tons shall be equipped with an inert gas system. However, for a crude oil tanker of less than 40,000 deadweight tons not fitted with high capacity tank washing machines, the Secretary may grant an exemption if the vessel's owner can show clearly that compliance would be unreasonable and impracticable due to the vessel's design characteristics.

(e) A crude oil tanker engaged in transferring oil from an offshore oil exploitation or production facility on the Outer Continental Shelf of the United States shall be equipped with segregated ballast tanks, or may operate with dedicated clean ballast tanks or special ballast arrangements. However, the tanker shall comply with other applicable minimum standards of this section.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 523; Pub. L. 115–232, div. C, title XXXV, §3544(b), Aug. 13, 2018, 132 Stat. 2325.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

3705(a) 
46:391a(7)(A)

3705(b) 
46:391a(7)(D)

3705(c) 
46:391a(7)(E)

3705(d) 
46:391a(7)(F)

3705(e) 
46:391a(7)(M)

Section 3705 requires compliance with certain minimum standards by a crude oil tanker, which is self-propelled. In general, the minimum required standards are consistent with those international standards that have been adopted as Protocols to the 1974 Safety of Life at Sea Convention and the 1973 Marine Pollution Convention.

Section 3705(a) requires new crude oil tankers of 20,000 deadweight tons or above to have protectively located segregated ballast tanks, a crude oil washing system, and a specified cargo tank protection system.

Section 3705(b) requires existing crude oil tankers of 40,000 deadweight tons or above to have segregated ballast tanks or a crude oil washing system. Compliance may be delayed until June 1, 1985 for smaller tankers that have dedicated clean ballast tanks.

Section 3705(c) requires existing crude oil tankers of 20,000 deadweight tons or above, but less than 40,000 deadweight tons, that are 15 years or older, to have segregated ballast tanks or a crude oil washing system by January 1, 1985 or if less than 15 years old, by the date on which it reaches 15 years of age.

Section 3705(d) requires existing crude oil tankers of 20,000 deadweight tons or above, to install an inert gas system. An exemption for crude oil tankers of less than 40,000 deadweight tons not fitted with high-capacity tank washing machines may be granted by the Secretary, only if it is demonstrated that compliance would be unreasonable and impracticable due to the vessel's design characteristics.

Section 3705(e) requires existing crude oil tankers of 20,000 deadweight tons or above, engaged in the transfer of oil from Outer Continental Shelf oil exploitation or production facilities, to have segregated ballast tanks or be operated with dedicated clean ballast tanks or special ballast arrangements.

Editorial Notes

Amendments

2018—Subsec. (b). Pub. L. 115–232, §3544(b)(1), struck out par. (1) designation after "(b)", redesignated subpars. (A) and (B) of former par. (1) as pars. (1) and (2), respectively, and struck out former par. (2) which read as follows: "Compliance with paragraph (1) of this subsection may be delayed until June 1, 1985, for any tanker of less than 70,000 deadweight tons that has dedicated clean ballast tanks."

Subsec. (c). Pub. L. 115–232, §3544(b)(2), struck out "before January 2, 1986, or the date on which the tanker reaches 15 years of age, whichever is later" before period at end.
46 U.S.C. § 55602 (2024) — Title 46: SHIPPING / Chapter 556 / Section 55602: Cargo and shippers
Cargo and shippers
Status: in_force

(a) Memorandums of Agreement.—The Secretary of Transportation shall enter into memorandums of understanding with the heads of other Federal entities to transport federally owned or generated cargo using a marine highway transportation project designated under section 55601 when practical or available.

(b) Short-Term Incentives.—The Secretary shall consult shippers and other participants in transportation logistics and develop proposals for short-term incentives to encourage the use of marine highway transportation.

(Added Pub. L. 110–140, title XI, §1121(a), Dec. 19, 2007, 121 Stat. 1761; amended Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], §8332(d)(4), Jan. 1, 2021, 134 Stat. 4705.)

Editorial Notes

Amendments

2021—Pub. L. 116–283 substituted "marine highway" for "short sea" in subsecs. (a) and (b).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress.
46 U.S.C. § 53713 (2024) — Title 46: SHIPPING / Chapter 537 / Subchapter I / Section 53713: Administrative fees
Administrative fees
Status: in_force

(a) In General.—The Secretary or Administrator shall charge and collect from the obligor fees the Secretary or Administrator considers reasonable for processing the application and monitoring the loan guarantee, including for—

(1) investigating an application for a guarantee;

(2) appraising property offered as security for a guarantee;

(3) issuing a commitment;

(4) providing services related to an escrow fund under section 53715 of this title or a deposit fund under section 53716 of this title;

(5) inspecting property during construction, reconstruction, or reconditioning; and

(6) monitoring and providing services related to the obligor's compliance with any terms related to the obligations, the guarantee, or maintenance of the Secretary or Administrator's security interests under this chapter.

(b) Total Fee Limitation.—The total fees under subsection (a) may not exceed 0.5 percent of the original principal amount of the obligations to be guaranteed.

(c) Fees for Independent Analysis.—

(1) In general.—The Secretary or Administrator may charge and collect fees to cover the costs of independent analysis under section 53703(c) of this title. Notwithstanding section 3302 of title 31, any fee collected under this subsection shall—

(A) be credited as an offsetting collection to the account that finances the administration of the loan guarantee program;

(B) be available for expenditure only to pay the costs of activities and services for which the fee is imposed; and

(C) remain available until expended.

(2) Fee limitation inapplicable.—Fees collected under this subsection are not subject to the limitation of subsection (b).

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1612; Pub. L. 109–163, div. C, title XXXV, §3507(a)(1)(D), Jan. 6, 2006, 119 Stat. 3555; Pub. L. 110–181, div. C, title XXXV, §3522(a)(10)(B), (b), Jan. 28, 2008, 122 Stat. 598; Pub. L. 116–92, div. C, title XXXV, §3506(h), Dec. 20, 2019, 133 Stat. 1973.)

Historical and Revision Notes

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

53713(a)
46 App.:1274(f)(1) (words before proviso).
June 29, 1936, ch. 858, title XI, §1104A(f)(1), (4) [§1104A formerly §1104], as added June 23, 1938, ch. 600, §46, 52 Stat. 970; Aug. 4, 1939, ch. 417, §14, 53 Stat. 1187; Sept. 28, 1950, ch. 1093, §4, 64 Stat. 1078; Aug. 15, 1953, ch. 513, §2, 67 Stat. 626; Sept. 3, 1954, ch. 1265, §4, 68 Stat. 1269; Pub. L. 86–123, §§1(3), 2, July 31, 1959, 73 Stat. 269, 271; Pub. L. 86–127, §1(3), (4), July 31, 1959, 73 Stat. 273; Pub. L. 86–518, §1, June 12, 1960, 74 Stat. 216; Pub. L. 86–685, §§2, 3, Sept. 2, 1960, 74 Stat. 733; Pub. L. 90–341, June 15, 1968, 82 Stat. 180; Pub. L. 91–469, §§31, 32, Oct. 21, 1970, 84 Stat. 1035; restated Pub. L. 92–507, §3, Oct. 19, 1972, 86 Stat. 913; Pub. L. 97–31, §12(136), Aug. 6, 1981, 95 Stat. 166; §1104 renumbered as §1104A, Pub. L. 101–380, title IV, §4115(f)(1), Aug. 18, 1990, 104 Stat. 521; Pub. L. 107–314, title XXXV, §3503(2), Dec. 2, 2002, 116 Stat. 2754; Pub. L. 108–136, title XXXV, §3526(2), Nov. 24, 2003, 117 Stat. 1801.

53713(b)
46 App.:1274(f)(1) (proviso).

53713(c)
46 App.:1274(f)(4).

Editorial Notes

Amendments

2019—Subsec. (a). Pub. L. 116–92, §3506(h)(1)(A), substituted "reasonable for processing the application and monitoring the loan guarantee, including for—" for "reasonable for—" in introductory provisions.

Subsec. (a)(4). Pub. L. 116–92, §3506(h)(1)(B), substituted "or a deposit fund under section 53716 of this title;" for "; and".

Subsec. (a)(6). Pub. L. 116–92, §3506(h)(1)(C), (D), added par. (6).

Subsec. (c). Pub. L. 116–92, §3506(h)(2)(B)–(D), designated existing provisions as par. (1) and inserted heading, redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, of par. (1) and realigned margins, and added par. (2).

Pub. L. 116–92, §3506(h)(2)(A), which directed amendment of par. (1) of subsec. (c) by substituting "under section 53703(c) of this title" for "under section 53708(d) of this title", was executed by making the substitution in introductory provisions of subsec. (c) to reflect the probable intent of Congress and the subsequent designation of the provisions of subsec. (c) as subsec. (c)(1). See above.

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

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

2006—Pub. L. 109–163, §3507(a)(1)(D), which directed the amendment of section 1274(f) 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. (a), (c) and Historical and Revision notes above.
46 U.S.C. § 51508 (2024) — Title 46: SHIPPING / Chapter 515 / Section 51508: Allowances for students
Allowances for students
Status: in_force

Under regulations prescribed by the Secretary of Transportation, a student at a State maritime academy shall receive from the Secretary allowances for transportation (including reimbursement of traveling expenses) when traveling under orders to receive training under section 51507 of this title.

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

Historical and Revision Notes

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

51508
46 App.:1295c(c) (3)(B).
June 29, 1936, ch. 858, title XIII, §1304(c)(3)(B), as added Pub. L. 96–453, §2, Oct. 15, 1980, 94 Stat. 2004.
46 U.S.C. § 5106 (2024) — Title 46: SHIPPING / Chapter 51 / Section 5106: Load line certificate
Load line certificate
Status: in_force

(a) On finding that a load line survey of a vessel under this chapter is satisfactory and that the vessel's load lines are marked correctly, the Secretary shall issue the vessel a load line certificate and deliver it to the owner, master, or individual in charge of the vessel.

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

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

Historical and Revision Notes

Revised section 5106

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

Section 5106(a) requires the Secretary to issue a load line certificate upon finding that a vessel has received a satisfactory load line survey and that the vessel's load line is marked correctly.

Section 5106(b) requires that the load line certificate be maintained as required by the Secretary of Transportation. It is expected that the Secretary will require in most cases that the certificate be carried on board the vessel. However, certain types of vessels such as barges do not have facilities for the carriage of certificates. In this case, this provision would give the Secretary the discretion to require that the certificates for the barges be carried on the towing vessels.
46 U.S.C. § 14701 (2024) — Title 46: SHIPPING / Chapter 147 / Section 14701: General violation
General violation
Status: in_force

The owner, charterer, managing operator, agent, master, and individual in charge of a vessel violating this part or a regulation prescribed under this part are each liable to the United States Government for a civil penalty of not more than $20,000. Each day of a continuing violation is a separate violation. The vessel also is liable in rem for the penalty.

(Pub. L. 99–509, title V, §5101(3), Oct. 21, 1986, 100 Stat. 1925.)

Historical and Revision Notes

Revised section 14701

Source: Section (U.S. Code) 46 App. U.S.C. 83j.

Section 14701 provides that the owner, charterer, managing operator, agent, master, and individual in charge of a vessel violating Part J—Measurement of Vessels—are each liable to the U.S. Government for a civil penalty of not more than $20,000. It also provides that the vessel is liable in rem for the penalty and that each day of a continuing violation is a separate violation.
46 U.S.C. § 7318 (2024) — Title 46: SHIPPING / Chapter 73 / Section 7318: Radiotelegraph operators on Great Lakes
Radiotelegraph operators on Great Lakes
Status: in_force

(a) A radiotelegraph operator on the Great Lakes only shall have a first-class or second-class radiotelegraph operator's license issued by the Federal Communications Commission.

(b) An endorsement as radiotelegraph operator on the Great Lakes only ends if the holder ceases to hold the license issued by the Commission.

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

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

7318 
46:229c
46:229g

46:643(a)

Section 7318 specifies that radiotelegraph operators on the Great Lakes shall have a first-class or second-class radiotelegraph operator's license issued by the FCC and need not be licensed as a radio operator by the Coast Guard. However, an endorsement as radio telegraph operator has to be noted on his merchant mariners' document. If the holder ceases to have a valid FCC license, then the endorsement is terminated automatically without recourse to suspension and revocation proceedings.
46 U.S.C. § 56105 (2024) — Title 46: SHIPPING / Chapter 561 / Section 56105: Forfeiture procedure
Forfeiture procedure
Status: in_force

(a) In General.—A forfeiture under this chapter may be enforced in the same way as a forfeiture under the laws on the collection of duties. However, such a forfeiture may be remitted without seizure of the vessel.

(b) Prior Convictions.—In a proceeding under this chapter to enforce a forfeiture, a prior criminal conviction of a person for a violation of this chapter with respect to the subject matter of the forfeiture is prima facie evidence of the violation against the person convicted.

(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)

56105(a)
46 App.:836.
Sept. 7, 1916, ch. 451, §38, as added July 15, 1918, ch. 152, §4, 40 Stat. 902; Pub. L. 101–225, title III, §304(b), Dec. 12, 1989, 103 Stat. 1924.

56105(b)
46 App.:837.
Sept. 7, 1916, ch. 451, §39, as added July 15, 1918, ch. 152, §4, 40 Stat. 902.
46 U.S.C. § 4103 (2024) — Title 46: SHIPPING / Chapter 41 / Section 4103: Exemptions
Exemptions
Status: in_force

(a) The Secretary may exempt a vessel from any part of this chapter if, under regulations prescribed by the Secretary (including regulations on special operating conditions), the Secretary finds that—

(1) good cause exists for granting an exemption; and

(2) the safety of the vessel and individuals on board will not be adversely affected.

(b) Section 4102(a) of this title does not apply to a vessel propelled by outboard motors when competing in a race previously arranged and announced or, if the vessel is designed and intended only for racing, when operated incidental to tuning up the vessel and its engines for the race.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 529; Pub. L. 100–540, §2, Oct. 28, 1988, 102 Stat. 2719.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

4103 
46:525h

Section 4103 contains an exemption from carrying fire extinguishers, for on a vessel competing in an organized race or a vessel designed and intended for racing only.

Editorial Notes

Amendments

1988—Pub. L. 100–540 added subsec. (a) and designated existing provisions as subsec. (b).
46 U.S.C. § 30307 (2024) — Title 46: SHIPPING / Chapter 303 / Section 30307: Commercial aviation accidents
Commercial aviation accidents
Status: in_force

(a) Definition.—In this section, the term "nonpecuniary damages" means damages for loss of care, comfort, and companionship.

(b) Beyond 12 Nautical Miles.—In an action under this chapter, if the death resulted from a commercial aviation accident occurring on the high seas beyond 12 nautical miles from the shore of the United States, additional compensation is recoverable for nonpecuniary damages, but punitive damages are not recoverable.

(c) Within 12 Nautical Miles.—This chapter does not apply if the death resulted from a commercial aviation accident occurring on the high seas 12 nautical miles or less from the shore of the United States.

(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1512.)

Historical and Revision Notes

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

30307(a)
46 App.:762(b)(2).
Mar. 30, 1920, ch. 111, §§1(b), 2(b); as added Pub. L. 106–181, title IV, §404(a)(2), (b)(2), Apr. 5, 2000, 114 Stat. 131.

30307(b)
46 App.:762(b)(1).

30307(c)
46 App.:761(b).

In subsections (b) and (c), the words "the United States" are substituted for "any State, or the District of Columbia, or the Territories or dependencies of the United States" because of the definition of "United States" in chapter 1 of the revised title.

In subsection (b), the words "of a decedent" are omitted as unnecessary.

In subsection (c), the words "if the death resulted from a commercial aviation accident occurring on the high seas" are substituted for "In the case of a commercial aviation accident, whenever the death of a person shall be caused by wrongful act, neglect, or default occurring on the high seas" for consistency with subsection (b) and to eliminate unnecessary words. The words "and the rules applicable under Federal, State, and other appropriate law shall apply" are omitted as unnecessary.
46 U.S.C. § 12102 (2024) — Title 46: SHIPPING / Chapter 121 / Subchapter I / Section 12102: Vessels requiring documentation
Vessels requiring documentation
Status: in_force

(a) In General.—Except as otherwise provided, a vessel may engage in a trade only if the vessel has been issued a certificate of documentation with an endorsement for that trade under this chapter.

(b) Vessels Less Than 5 Net Tons.—A vessel of less than 5 net tons may engage in a trade without being documented if the vessel otherwise satisfies the requirements to engage in the particular trade.

(c) Barges.—A barge qualified to engage in the coastwise trade may engage in the coastwise trade, without being documented, on rivers, harbors, lakes (except the Great Lakes), canals, and inland waters.

(d) Aquaculture Waiver.—

(1) Permitting of nonqualified vessels to perform certain aquaculture support operations.—Notwithstanding section 12113 and any other law, the Secretary of Transportation may issue a waiver allowing a documented vessel with a registry endorsement or a foreign flag vessel to be used in operations that treat aquaculture fish for or protect aquaculture fish from disease, parasitic infestation, or other threats to their health if the Secretary finds, after publishing a notice in the Federal Register, that a suitable vessel of the United States is not available that could perform those services.

(2) Prohibition.—Vessels operating under a waiver issued under this subsection may not engage in any coastwise transportation.

(Pub. L. 109–304, §5, Oct. 6, 2006, 120 Stat. 1492; Pub. L. 111–281, title IX, §901(c)(1), Oct. 15, 2010, 124 Stat. 3008.)

Historical and Revision Notes

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

12102(a)
46:12106(b).

 
46:12108(b).

 
46:12110(a).

12102(b)
46:12102(a) (related to tonnage).

12102(c)
46:12110(b).

Editorial Notes

Prior Provisions

A prior section 12102, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 585; Pub. L. 99–509, title V, §5102(b)(6), Oct. 21, 1986, 100 Stat. 1927; Pub. L. 100–239, §7(a), Jan. 11, 1988, 101 Stat. 1782; Pub. L. 100–710, title I, §104(a)(4), (5), Nov. 23, 1988, 102 Stat. 4750; Pub. L. 101–225, title III, §301(a)(2), Dec. 12, 1989, 103 Stat. 1920; Pub. L. 104–324, title XI, §1136(a), Oct. 19, 1996, 110 Stat. 3986; Pub. L. 105–277, div. C, title II, §202(a), Oct. 21, 1998, 112 Stat. 2681–617; Pub. L. 105–383, title IV, §§401(a)(1), 421, Nov. 13, 1998, 112 Stat. 3424, 3439; Pub. L. 107–20, title II, §2202(a), July 24, 2001, 115 Stat. 168; Pub. L. 107–206, title I, §1103, Aug. 2, 2002, 116 Stat. 884; Pub. L. 108–136, div. C, title XXXV, §3534(b)(1), Nov. 24, 2003, 117 Stat. 1818, originally derived from section 65b of former Title 46, Shipping, related to vessels eligible for documentation, prior to the general amendment of this chapter by Pub. L. 109–304. See this section and sections 12103, 12111, and 12113 of this title.

Amendments

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

Statutory Notes and Related Subsidiaries

Regulations

Pub. L. 111–281, title IX, §901(c)(2), Oct. 15, 2010, 124 Stat. 3008, provided that: "The Secretary of the department in which the Coast Guard is operating shall, in accordance with section 553 of title 5, United States Code, and after public notice and comment, promulgate regulations necessary and appropriate to implement this subsection [amending this section]. The Secretary may grant interim permits pending the issuance of such regulations upon receipt of applications containing the required information."
46 U.S.C. § 4506 (2024) — Title 46: SHIPPING / Chapter 45 / Section 4506: Exemptions
Exemptions
Status: in_force

The Secretary may exempt a vessel from any part of this chapter if, under regulations prescribed by the Secretary (including regulations on special operating conditions), the Secretary finds that—

(1) good cause exists for granting an exemption; and

(2) the safety of the vessel and those on board will not be adversely affected.

(Added Pub. L. 100–424, §2(a), Sept. 9, 1988, 102 Stat. 1587; amended Pub. L. 102–587, title V, §5222, Nov. 4, 1992, 106 Stat. 5081; Pub. L. 105–383, title III, §301(b)(6), Nov. 13, 1998, 112 Stat. 3417; Pub. L. 111–281, title VI, §604(b), Oct. 15, 2010, 124 Stat. 2964; Pub. L. 114–120, title III, §306(a)(5), Feb. 8, 2016, 130 Stat. 54.)

Editorial Notes

Amendments

2016—Pub. L. 114–120 struck out subsec. (a) designation before "The Secretary may".

2010—Subsec. (b). Pub. L. 111–281 struck out subsec. (b) which read as follows: "A vessel to which this chapter applies is exempt from section 4502(b)(2)(B) of this title if it—

"(1) is less than 36 feet in length; and

"(2) is operating—

"(A) in internal waters of the United States; or

"(B) within 3 nautical miles from the baselines from which the territorial sea of the United States is measured."

1998—Subsec. (b)(2). Pub. L. 105–383 added par. (2) and struck out former par. (2) which read as follows: "is not operating on the high seas."

1992—Subsec. (b). Pub. L. 102–587 substituted "4502(b)(2)(B)" for "4502(b)(2)".

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. § 55315 (2024) — Title 46: SHIPPING / Chapter 553 / Subchapter II / Section 55315: Minimum tonnage
Minimum tonnage
Status: in_force

(a) Definition.—In this section, the term "base period" means the 5-year period running from the sixth through the second prior fiscal years.

(b) Requirement.—For each fiscal year, the minimum quantity of agricultural commodities to be exported under programs specified in section 55314(b) of this title is the average of the tonnage exported under those programs during the base period, discarding the high and low years.

(c) Waivers.—The President may waive the minimum quantity for a fiscal year under this section if the President determines and reports to Congress, together with reasons, that the quantity cannot be used effectively for the purposes of those programs or, based on a certification by the Secretary of Agriculture, that the commodities are not available for reasons that include the unavailability of funds.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1646; Pub. L. 112–141, div. F, title I, §100124(c)(1), July 6, 2012, 126 Stat. 915.)

Historical and Revision Notes

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

55315
46 App.:1241g.
June 29, 1936, ch. 858, title IX, §901c, as added Pub. L. 99–198, title XI, §1142, Dec. 23, 1985, 99 Stat. 1493.

In subsection (b), the words "For fiscal year 1986 and" are omitted as obsolete.

Editorial Notes

Amendments

2012—Subsec. (b). Pub. L. 112–141 substituted "specified in section 55314(b)" for "subject to section 55314".
46 U.S.C. § 15103 (2024) — Title 46: SHIPPING / Chapter 151 / Section 15103: National Merchant Marine Personnel Advisory Committee
National Merchant Marine Personnel Advisory Committee
Status: in_force

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

(b) Function.—The Committee shall advise the Secretary on matters relating to personnel in the United States merchant marine, including the training, qualifications, certification, documentation, and fitness of mariners.

(c) Membership.—

(1) In general.—The Committee shall consist of 19 members appointed by the Secretary in accordance with this section and section 15109 of this chapter.

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

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

(A) 9 members shall represent mariners and, of the 9—

(i) each shall—

(I) be a citizen of the United States; and

(II) hold an active license or certificate issued under chapter 71 of this title or a merchant mariner document issued under chapter 73 of this title;

(ii) 3 shall be deck officers who represent merchant marine deck officers and, of the 3—

(I) 2 shall be licensed for oceans any gross tons;

(II) 1 shall be licensed for inland river route with a limited or unlimited tonnage;

(III) 2 shall have a master's license or a master of towing vessels license;

(IV) 1 shall have significant tanker experience; and

(V) to the extent practicable—

(aa) 1 shall represent labor; and

(bb) 1 shall represent management;

(iii) 3 shall be engineering officers who represent merchant marine engineering officers and, of the 3—

(I) 2 shall be licensed as chief engineer any horsepower;

(II) 1 shall be licensed as either a limited chief engineer or a designated duty engineer; and

(III) to the extent practicable—

(aa) 1 shall represent labor; and

(bb) 1 shall represent management;

(iv) 2 shall be unlicensed seamen who represent merchant marine unlicensed seaman and, of the 2—

(I) 1 shall represent able-bodied seamen; and

(II) 1 shall represent qualified members of the engine department; and

(v) 1 shall be a pilot who represents merchant marine pilots.

(B) 6 members shall represent marine educators and, of the 6—

(i) 3 shall be marine educators who represent maritime academies and, of the 3—

(I) 2 shall represent State maritime academies (and are jointly recommended by such academies); and

(II) 1 shall represent either State maritime academies or the United States Merchant Marine Academy; and

(ii) 3 shall be marine educators who represent other maritime training institutions and, of the 3, 1 shall represent the small vessel industry.

(C) 2 members shall represent shipping companies employed in ship operation management.

(D) 2 members shall represent the general public.

(Added Pub. L. 115–282, title VI, §601(a), Dec. 4, 2018, 132 Stat. 4282.)
46 U.S.C. § 51704 (2024) — Title 46: SHIPPING / Chapter 517 / Section 51704: Training for maritime oil pollution prevention, response, and clean-up
Training for maritime oil pollution prevention, response, and clean-up
Status: in_force

(a) Assistance in Establishing Program.—The Secretary of Transportation shall assist maritime training institutions approved by the Secretary in establishing a training program for maritime oil pollution prevention, response, and clean-up.

(b) Providing Training Vessels.—Subject to subsection (c), the Secretary may provide, with title free of all liens, to maritime training institutions that have a program established under subsection (a), offshore supply vessels and tug/supply vessels that were built in the United States and are in the possession of the Maritime Administration because of a default on a loan guaranteed under chapter 537 of this title.

(c) Requirements.—In addition to any other requirements the Secretary considers appropriate, the following requirements apply to vessels provided under this section:

(1) The vessel shall be offered to the institution at a location selected by the Secretary.

(2) The institution shall use the vessel to train students and appropriate maritime industry personnel in oil spill prevention, response, clean-up, and related skills.

(3) The institution shall make the vessel and qualified students available to appropriate Federal, State, and local oil spill response authorities when there is a maritime oil spill.

(4) The institution may not sell, trade, charter, donate, scrap, or in any way alter or dispose of the vessel without prior approval of the Secretary.

(5) The institution may not use the vessel in competition with a privately-owned vessel documented under chapter 121 of this title or titled under the law of a State, unless necessary to carry out this section.

(6) When the institution can no longer use the vessel for its training program, the institution shall return the vessel to the Secretary. The Secretary shall take possession at the institution and thereafter may provide the vessel to another institution under this section or dispose of the vessel.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1583.)

Historical and Revision Notes

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

51704(a)
46 App.:1295d(c)(1).
June 29, 1936, ch. 858, title XIII, §1305(c), as added Pub. L. 101–595, title VII, §712, Nov. 16, 1990, 104 Stat. 2998.

51704(b)
46 App.:1295d(c) (2)(A), (4).

51704(c)
46 App.:1295d(c) (2)(B), (3).

In subsection (c)(5), the words "or titled under the law of a State" are substituted for "documented under the laws of . . . any State" for consistency with the terminology in 46 U.S.C. 2101(46) (which is being moved to chapter 1 of the revised title) and 46 U.S.C. ch. 125.
46 U.S.C. § 11203 (2024) — Title 46: SHIPPING / Chapter 112 / Section 11203: Documentation of qualified service
Documentation of qualified service
Status: in_force

(a) Record of Service.—The Secretary, or in the case of personnel of the Army Transport Service or the Naval Transport Service, the Secretary of Defense, shall, upon application—

(1) issue a certificate of honorable service to an individual who, as determined by that Secretary, engaged in qualified service of a nature and duration that warrants issuance of the certificate; and

(2) correct, or request the appropriate official of the Federal Government to correct, the service records of that individual to the extent necessary to reflect the qualified service and the issuance of the certificate of honorable service.

(b) Timing of Documentation.—A Secretary receiving an application under subsection (a) shall act on the application not later than 1 year after the date of that receipt.

(c) Standards Relating to Service.—In making a determination under subsection (a)(1), the Secretary acting on the application shall apply the same standards relating to the nature and duration of service that apply to the issuance of honorable discharges under section 401(a)(1)(B) of the GI Bill Improvement Act of 1977 (38 U.S.C. 106 note).

(d) Correction of Records.—An official who is requested under subsection (a)(2) to correct the service records of an individual shall make such correction.

(Added Pub. L. 105–368, title IV, §402(a), Nov. 11, 1998, 112 Stat. 3337; amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8505(b)(13), Jan. 1, 2021, 134 Stat. 4752.)

Editorial Notes

References in Text

Section 401(a)(1)(B) of the GI Bill Improvement Act of 1977, referred to in subsec. (c), is section 401(a)(1)(B) of Pub. L. 95–202, which is set out as a note under section 106 of Title 38, Veterans' Benefits.

Amendments

2021—Pub. L. 116–283, §8505(b)(13)(A), substituted "an individual" for "a person" in subsecs. (a)(1) and (d).

Subsec. (a)(2). Pub. L. 116–283, §8505(b)(13)(B), substituted "that individual" for "that person".
46 U.S.C. § 3303 (2024) — Title 46: SHIPPING / Chapter 33 / Section 3303: Reciprocity for foreign vessels
Reciprocity for foreign vessels
Status: in_force

Except as provided in chapter 37 and section 3505 of this title, a foreign vessel of a country having inspection laws and standards similar to those of the United States and that has an unexpired certificate of inspection issued by proper authority of its respective country, is subject to an inspection to ensure that the condition of the vessel is as stated in its current certificate of inspection. A foreign country is considered to have inspection laws and standards similar to those of the United States when it is a party to an International Convention for Safety of Life at Sea to which the United States Government is currently a party. A foreign certificate of inspection may be accepted as evidence of lawful inspection only when presented by a vessel of a country that has by its laws accorded to vessels of the United States visiting that country the same privileges accorded to vessels of that country visiting the United States.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 512; Pub. L. 102–587, title V, §5210(a), Nov. 4, 1992, 106 Stat. 5076; Pub. L. 104–324, title XI, §1111, Oct. 19, 1996, 110 Stat. 3970; Pub. L. 108–293, title IV, §411(b), Aug. 9, 2004, 118 Stat. 1046.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

3303 
46:362(a)
46:390c

46:391a(3)

Section 3303 acknowledges the international concept of comity with respect to recognizing inspection laws and standards for foreign flag vessels that are similar to those of the United States. If a foreign nation is signatory to the International Convention for Safety of Life at Sea, it is presumed to have similar standards. However, reciprocity requirements for foreign flag tank vessels are included in chapter 37. Subsection (b) provides for a mutual waiver of fees for the inspection of foreign vessels carrying passengers from the United States.

Editorial Notes

Amendments

2004—Pub. L. 108–293 inserted "and section 3505" after "chapter 37".

1996—Pub. L. 104–324 struck out subsec. (a) designation and subsec. (b) which read as follows: "The Secretary shall collect and pay to the Treasury the same fees for the inspection of foreign vessels carrying passengers from the United States that a foreign country charges vessels of the United States trading to the ports of that country. The Secretary may waive at any time the collection of the fees on notice of the proper authorities of any country concerned that the collection of fees for the inspection of vessels of the United States has been discontinued."

1992—Subsec. (a). Pub. L. 102–587, in first sentence, struck out "only" after "is subject" and substituted "the condition of the vessel is" for "the condition of the vessel's propulsion equipment and lifesaving equipment are".

Statutory Notes and Related Subsidiaries

Effective Date

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

International Convention for Safety of Life at Sea

For International Conventions for the Safety of Life at Sea to which the United States has been a party, see section 1602 of Title 33, Navigation and Navigable Waters, and notes thereunder.
46 U.S.C. § 12108 (2024) — Title 46: SHIPPING / Chapter 121 / Subchapter I / Section 12108: Authority to extend duration of vessel certificates
Authority to extend duration of vessel certificates
Status: in_force

(a) Certificates.—Provided a vessel is in compliance with inspection requirements in section 3313, the Secretary of the department in which in the Coast Guard is operating may, if the Secretary makes the determination described in subsection (b), extend, for a period of not more than 1 year, an expiring certificate of documentation issued for a vessel under chapter 121.

(b) Determination.—The determination referred to in subsection (a) is a determination that such extension is required to enable the Coast Guard to—

(1) eliminate a backlog in processing applications for such certificates; or

(2) act in response to a national emergency or natural disaster.

(c) Manner of Extension.—Any extension granted under this section may be granted to individual vessels or to a specifically identified group of vessels.

(Added Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], §8320(a), Jan. 1, 2021, 134 Stat. 4701.)
46 U.S.C. § 60504 (2024) — Title 46: SHIPPING / Chapter 605 / Section 60504: Reciprocal privileges for recreational vessels
Reciprocal privileges for recreational vessels
Status: in_force

When the President is satisfied that yachts owned by residents of the United States and used only for pleasure are allowed to arrive at, depart from, and cruise in the waters of a foreign port without entering, clearing, or paying any duties or fees (including cruising license fees), the Secretary of Homeland Security may allow yachts from that foreign port used only for pleasure to arrive at and depart from the ports of the United States and to cruise in the waters of the United States without paying any duties or fees. However, the Secretary may require foreign yachts to obtain a license to cruise in the waters of the United States. The license shall be in the form prescribed by the Secretary and contain limitations about length of time, direction, place of cruising and action, and other matters the Secretary considers appropriate. The license shall be issued without cost to the yacht.

(Pub. L. 109–304, §9(b), Oct. 6, 2006, 120 Stat. 1680.)

Historical and Revision Notes

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

60503
46 App.:104.
May 28, 1908, ch. 212, §5, 35 Stat. 425; Aug. 5, 1909, ch. 6, §37 (3d par.), 36 Stat. 112; June 26, 1948, ch. 673, 62 Stat. 1051.

The Secretary of Homeland Security is substituted for the Commissioner of Customs because the functions of the Customs Service and of the Secretary of the Treasury relating thereto were transferred to the Secretary of Homeland Security by section 403(1) of the Homeland Security Act of 2002 (Pub. L. 107–296, 116 Stat. 2178). The functions of the Commissioner of Customs previously were vested in the Secretary of the Treasury under section 321(c) of title 31. For prior related transfers of functions, see the transfer of functions note under 46 App. U.S.C. 104.
46 U.S.C. § 10602 (2024) — Title 46: SHIPPING / Chapter 106 / Section 10602: Recovery of wages and shares of fish under agreement
Recovery of wages and shares of fish under agreement
Status: in_force

(a) When fish caught under an agreement under section 10601 of this title are delivered to the owner of the vessel for processing and are sold, the vessel is liable in rem for the wages and shares of the proceeds of the seamen. An action under this section must be brought within six months after the sale of the fish.

(b)(1) In an action under this section, the owner shall produce an accounting of the sale and division of proceeds under the agreement. If the owner fails to produce the accounting, the vessel is liable for the highest value alleged for the shares.

(2) The owner may offset the value of general supplies provided for the voyage and other supplies provided the seaman bringing the action.

(c) This section does not affect a common law right of a seaman to bring an action to recover the seaman's share of the fish or proceeds.

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

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

10602 
46:533, 534
46 U.S.C. § 3307 (2024) — Title 46: SHIPPING / Chapter 33 / Section 3307: Frequency of inspection
Frequency of inspection
Status: in_force

Each vessel subject to inspection under this part shall undergo an initial inspection for certification before being put into service. After being put into service—

(1) each passenger vessel, nautical school vessel, and small passenger vessel allowed to carry more than 12 passengers on a foreign voyage shall be inspected at least once a year; and

(2) any other vessel shall be inspected at least once every 5 years.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 514; Pub. L. 104–324, title VI, §605(a), Oct. 19, 1996, 110 Stat. 3931.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

3307(1) 
46:391(c)
46:1295f(c)

3307(2) 
46:390a(a)
46:404–1(6)(i)

3307(3) 
46:391(b)
46:392(b)

46:404–1(6)(ii)

Section 3307 requires each vessel subject to inspection to undergo an initial inspection prior to being placed in service. This is normally started during the construction or reconstruction phase and is a continuing process until final certification for operation in a particular trade. Subsequent periodic inspections are also required for various types of vessels. It is to be noted that a freight vessel of less than 100 gross tons shall be inspected at 3 year intervals while the larger freight vessel has a 2 year inspection period. This is being done to retain the existing procedure of issuing 3 year certificates of inspection to smaller vessels, however, this does not prevent periodic inspections or examinations at intervening periods.

Editorial Notes

Amendments

1996—Par. (1). Pub. L. 104–324, §605(a)(1), substituted ", nautical school vessel, and small passenger vessel allowed to carry more than 12 passengers on a foreign voyage" for "and nautical school vessel" and inserted "and" at end.

Pars. (2), (3). Pub. L. 104–324, §605(a)(2), (3), redesignated par. (3) as (2), substituted "5 years" for "2 years", and struck out former par. (2) which read as follows: "each small passenger vessel, freight vessel or offshore supply vessel of less than 100 gross tons, and sailing school vessel shall be inspected at least once every 3 years; and".

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 98–89, set out as a note under section 3101 of this title.
46 U.S.C. § 50306 (2024) — Title 46: SHIPPING / Chapter 503 / Section 50306: Requiring testimony and records in investigations
Requiring testimony and records in investigations
Status: in_force

(a) In General.—In conducting an investigation that the Secretary of Transportation considers necessary and proper to carry out this subtitle, the Secretary may administer oaths, take evidence, and subpoena persons to testify and produce documents relevant to the matter under investigation. Persons may be required to attend or produce documents from any place in the United States at any designated place of hearing.

(b) Fees and Mileage.—Persons subpoenaed by the Secretary under subsection (a) shall be paid the same fees and mileage paid to witnesses in the courts of the United States.

(c) Enforcement of Subpoenas.—If a person disobeys a subpoena issued under subsection (a), the Secretary may seek an order enforcing the subpoena from the district court of the United States for the district in which the person resides or does business. Process may be served in the judicial district in which the person resides or is found. The court may issue an order to obey the subpoena and punish a refusal to obey as a contempt of court.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1566.)

Historical and Revision Notes

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

50306
46 App.:1124.
June 29, 1936, ch. 858, title II, §214, 49 Stat. 1991; June 23, 1938, ch. 600, §3, 52 Stat. 954; Pub. L. 91–452, title II, §241, Oct. 15, 1970, 84 Stat. 930; Pub. L. 97–31, §12(72), Aug. 6, 1981, 95 Stat. 159; Pub. L. 98–237, §20(a), Mar. 20, 1984, 98 Stat. 89; Pub. L. 98–595, §2, Oct. 30, 1984, 98 Stat. 3132.

In subsection (a), the word "affirmations" is omitted as unnecessary because of the definition of "oath" in 1 U.S.C. 1. The words "or any territory, district, or possession thereof" are omitted as unnecessary because of the definition of "United States" in chapter 1 of the revised title.

Subsection (c) is substituted for the source provision to eliminate unnecessary words.
46 U.S.C. § 53515 (2024) — Title 46: SHIPPING / Chapter 535 / Section 53515: Records and reports
Records and reports
Status: in_force

A person maintaining a fund under this chapter shall keep records and make reports as required by the Secretary or the Secretary of the Treasury.

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

Historical and Revision Notes

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

53515
46 App.:1177(l) (1st sentence).
June 29, 1936, ch. 858, title VI, §607(l) (1st sentence), 49 Stat. 2005; June 23, 1938, ch. 600, §§23–28, 52 Stat. 960; Aug. 4, 1939, ch. 417, §10, 53 Stat. 1185; July 17, 1952, ch. 939, §§17–19, 66 Stat. 764; Pub. L. 85–637, Aug. 14, 1958, 72 Stat. 216; Pub. L. 86–518, §1, June 12, 1960, 74 Stat. 216; Pub. L. 87–45, §6, May 27, 1961, 75 Stat. 91; Pub. L. 87–271, Sept. 21, 1961, 75 Stat. 570; restated Pub. L. 91–469, §21(a), Oct. 21, 1970, 84 Stat. 1032; Pub. L. 97–31, §12(97)(A), Aug. 6, 1981, 95 Stat. 162.
46 U.S.C. § 53201 (2024) — Title 46: SHIPPING / Chapter 532 / Section 53201: Definitions
Definitions
Status: in_force

In this chapter:

(1) Cable services.—The term "cable services" means the installation, maintenance, or repair of submarine cables and related equipment, and related cable vessel operations.

(2) Cable vessel.—The term "cable vessel" means a vessel—

(A) classed as a cable ship or cable vessel by, and designed in accordance with the rules of, the American Bureau of Shipping, or another classification society accepted by the Secretary; and

(B) capable of installing, maintaining, and repairing submarine cables.

(3) Cable fleet.—The term "Cable Fleet" means the Cable Security Fleet established under section 53202(a).

(4) Contingency agreement.—The term "Contingency Agreement" means the agreement required by section 53207.

(5) Contractor.—The term "Contractor" means an owner or operator of a vessel that enters into an Operating Agreement for a cable vessel with the Secretary under section 53203.

(6) Fiscal year.—The term "fiscal year" means any annual period beginning on October 1 and ending on September 30.

(7) Operating agency.—The term "Operating Agency" means that agency or component of the Department of Defense so designated by the Secretary of Defense under this chapter.

(8) Operating agreement or agreement.—The terms "Operating Agreement" or "Agreement" mean the agreement required by section 53203.

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

(10) Secretary.—The term "Secretary" means the Secretary of Transportation.

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

(12) United states citizen trust.—

(A) Subject to paragraph (C), the term "United States citizen trust" means a trust that is qualified under this paragraph.

(B) A trust is qualified under this paragraph with respect to a vessel only if—

(i) it was created under the laws of a state of the United States;

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

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

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

(D) This paragraph shall not be considered to prohibit a person who is not a citizen of the United States from holding more than 25 percent of the beneficial interest in a trust.

(Added Pub. L. 116–92, div. C, title XXXV, §3521(a), Dec. 20, 2019, 133 Stat. 1988.)
46 U.S.C. § 14502 (2024) — Title 46: SHIPPING / Chapter 145 / Subchapter I / Section 14502: Measurement
Measurement
Status: in_force

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

(Pub. L. 99–509, title V, §5101(3), Oct. 21, 1986, 100 Stat. 1923.)

Historical and Revision Notes

Revised section 14502

Source: Section (U.S. Code) 46 App. U.S.C. 71, 77, 83.

Section 14502 requires the Secretary to measure a vessel to which this chapter applies as provided by this chapter.
46 U.S.C. § 110 (2024) — Title 46: SHIPPING / Chapter 1 / Section 110: Foreign vessel
Foreign vessel
Status: in_force

In this title, the term "foreign vessel" means a vessel of foreign registry or operated under the authority of a foreign country.

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

Historical and Revision Notes

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

110
46:2101(12).
46 U.S.C. § 80509 (2024) — Title 46: SHIPPING / Chapter 805 / Section 80509: Civil penalty
Civil penalty
Status: in_force

(a) In General.—An owner, agent, or custodian who has been notified of an order issued under section 80505 of this title and fails to take reasonable and prompt action to prevent or stop a container subject to the order from being moved in violation of the order is liable to the United States Government for a civil penalty of not more than $5,000 for each container moved. Each day the container remains in service while the order is in effect is a separate violation.

(b) Assessment and Collection.—

(1) In general.—After notice and an opportunity for a hearing, the Secretary of the department in which the Coast Guard is operating shall assess and collect any penalty under this section.

(2) Factors to consider.—In determining the amount of the penalty, the Secretary shall consider the gravity of the violation, the hazards involved, and the record of the person charged with respect to violations of the Convention, this chapter, or regulations prescribed under this chapter.

(3) Remission, mitigation, or compromise.—The Secretary may remit, mitigate, or compromise a penalty under this section.

(4) Enforcement.—If a person fails to pay a penalty under this section, the Secretary shall refer the matter to the Attorney General for collection in an appropriate district court of the United States.

(Pub. L. 109–304, §11, Oct. 6, 2006, 120 Stat. 1698.)

Historical and Revision Notes

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

80509
46 App.:1505.
Pub. L. 95–208, §6, Dec. 13, 1977, 91 Stat. 1478.

In subsection (a), the words "On and after the date the instrument of ratification is deposited by the United States in accordance with the provisions of article VII of the Convention" are omitted as obsolete. The words "liable to the United States Government for a civil penalty" are substituted for "subject to a civil penalty" for consistency in the revised title.

In subsection (b)(2), the words "In determining the amount of" are substituted for "In assessing, remitting, mitigating, or compromising" to eliminate unnecessary words.
46 U.S.C. § 12137 (2024) — Title 46: SHIPPING / Chapter 121 / Subchapter III / Section 12137: Recording of vessels built in the United States
Recording of vessels built in the United States
Status: in_force

The Secretary may provide for recording and certifying information about vessels built in the United States that the Secretary considers to be in the public interest.

(Pub. L. 109–304, §5, Oct. 6, 2006, 120 Stat. 1507.)

Historical and Revision Notes

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

12137
46:12117.
46 U.S.C. § 60103 (2024) — Title 46: SHIPPING / Chapter 601 / Section 60103: Oath of ownership on entry
Oath of ownership on entry
Status: in_force

(a) Required Statement.—On entry of a vessel of the United States from a foreign port, the individual designated under subsection (b) shall state under oath that—

(1) the vessel's certificate of documentation contains the names of all the owners of the vessel; or

(2) part of the ownership has been transferred since the certificate was issued and, to the best of the individual's knowledge and belief, the vessel is still owned only by citizens of the United States.

(b) Person To Make Statement.—The statement under subsection (a) shall be made by—

(1) an owner if one resides at the port of entry; or

(2) the master if an owner does not reside at the port of entry.

(c) Consequence of Not Making Statement.—If the appropriate individual does not make the statement required by this section, the vessel is not entitled to the privileges of a vessel of the United States.

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

Historical and Revision Notes

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

60103
46 App.:42.
R.S. §4173.

In subsection (a), the words "certificate of documentation" and "certificate" are substituted for "register" for consistency with chapter 121 of the revised title. In paragraph (2), the words "sold or" are omitted as unnecessary. The words "owned only by citizens of the United States" are substituted for "no foreign subject or citizen has . . . any share, by way of trust, confidence, or otherwise" for consistency in the revised title and to eliminate unnecessary words.
46 U.S.C. § 51503 (2024) — Title 46: SHIPPING / Chapter 515 / Section 51503: Regional maritime academies
Regional maritime academies
Status: in_force

The Governors of the States cooperating to sponsor a regional maritime academy shall designate in writing one of those States to conduct the affairs of that academy. A regional maritime academy is eligible for assistance from the United States Government on the same basis as a State maritime academy sponsored by a single State.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1577.)

Historical and Revision Notes

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

51503
46 App.:1295c(b).
June 29, 1936, ch. 858, title XIII, §1304(b), as added Pub. L. 96–453, §2, Oct. 15, 1980, 94 Stat. 2003.

The reference to territories is omitted as unnecessary because of the definition of "State" in chapter 1 of the revised title.
46 U.S.C. § 55101 (2024) — Title 46: SHIPPING / Chapter 551 / Section 55101: Application of coastwise laws
Application of coastwise laws
Status: in_force

(a) In General.—Except as provided in subsection (b), the coastwise laws apply to the United States, including the island territories and possessions of the United States.

(b) Exceptions.—The coastwise laws do not apply to—

(1) American Samoa;

(2) the Northern Mariana Islands, except as provided in section 502(b) of the Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America (48 U.S.C. 1801 note); or

(3) the Virgin Islands until the President declares by proclamation that the coastwise laws apply to the Virgin Islands.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1632; Pub. L. 110–181, div. C, title XXXV, §3527(a), Jan. 28, 2008, 122 Stat. 602.)

Historical and Revision Notes

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

55101(a)
46 App.:877 (words before last proviso).
June 5, 1920, ch. 250, §21, 41 Stat. 997; Apr. 16, 1936, ch. 228, 49 Stat. 1207; Pub. L. 97–31, §12(47), Aug. 6, 1981, 95 Stat. 157.

55101(b)(1)
48:1664.
June 14, 1934, ch. 523, 48 Stat. 963.

55101(b)(2)
48:1801 note (Covenant §503(b)).
Pub. L. 94–241, §1, Mar. 24, 1976, 90 Stat. 263; Pub. L. 98–213, §9, Dec. 8, 1983, 97 Stat. 1461; Pub. L. 104–208, div. A, title I, §101(d) [title I], Sept. 30, 1996, 110 Stat. 3009–196.

55101(b)(3)
46 App.:877 note.
Proc. No. 3215, Dec. 12, 1957, 72 Stat. c19.

55101(b)(4)
46 App.:877 (last proviso).

In subsection (a), the words "apply to the United States, including" are substituted for "extend to" for clarity. The words "From and after February 1, 1922" and "not covered thereby on June 5, 1920" are omitted as obsolete. The requirement to establish adequate steamship service to the island Territories and possessions is omitted as obsolete.

Subsection (b)(2) is based on section 503(b) of the Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America (48 U.S.C. 1801 note).

Subsection (b)(3) is based on Proc. No. 3215, Dec. 12, 1957, 72 Stat. c19, which provided that the President, "under and by virtue of the authority vested in me by the aforesaid section 21 of the Merchant Marine Act, 1920 [46 App. U.S.C. 877], do hereby declare and proclaim that the period for the establishment of an adequate shipping service for Canton Island is extended until further notice by proclamation of the President, and that the extension of the coastwise laws of the United States to Canton Island is deferred until it is declared by proclamation of the President that such adequate shipping service has been established".

In subsection (b)(4), the words "and fix a date for the going into effect of same" are omitted as surplus.

The provisos of 46 App. U.S.C. 877 relating to the Philippine Islands are omitted as obsolete because of the independence of the Philippine Islands. See Proc. No. 2695, July 4, 1946, 60 Stat. 1352 (22 U.S.C. 1394 note).

Editorial Notes

References in Text

Section 502(b) of the Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America, referred to in subsec. (b)(2), is contained in section 1 of Pub. L. 94–241, set out as a note under section 1801 of Title 48, Territories and Insular Possessions.

Amendments

2008—Subsec. (b). Pub. L. 110–181 inserted "or" after semicolon at end of par. (2), redesignated par. (4) as (3), and struck out former par. (3) which read as follows: "Canton Island until the President declares by proclamation that the coastwise laws apply to Canton Island; or".
46 U.S.C. § 31104 (2024) — Title 46: SHIPPING / Chapter 311 / Section 31104: Venue
Venue
Status: in_force

(a) In General.—A civil action under this chapter shall be brought in the district court of the United States for the district in which the vessel or cargo is found within the United States.

(b) Vessel or Cargo Outside Territorial Waters.—If the vessel or cargo is outside the territorial waters of the United States—

(1) the action shall be brought in the district court of the United States for any district in which any plaintiff resides or has an office for the transaction of business; or

(2) if no plaintiff resides or has an office for the transaction of business in the United States, the action may be brought in the district court of the United States for any district.

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

Historical and Revision Notes

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

31104
46 App.:782 (1st sentence).
Mar. 3, 1925, ch. 428, §2 (1st sentence), 43 Stat. 1112.

In subsection (a), the words "charged with creating the liability" are omitted as unnecessary.

In subsection (b)(2), the words "in the United States" are omitted as unnecessary.
46 U.S.C. § 55336 (2024) — Title 46: SHIPPING / Chapter 553 / Subchapter III / Section 55336: Civil penalty
Civil penalty
Status: in_force

After notice and an opportunity for a hearing, the Secretary of Transportation may impose a civil penalty of not more than $1,000,000 on the owner of an American Great Lakes vessel for any act for which the designation may be revoked under section 55335 of this title.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1650.)

Historical and Revision Notes

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

55336
46 App.:1241t(b).
Pub. L. 101–624, title XV, §1524(b), Nov. 28, 1990, 104 Stat. 3667.
46 U.S.C. § 70033 (2024) — Title 46: SHIPPING / Chapter 700 / Subchapter IV / Section 70033: Limitation on application to foreign vessels
Limitation on application to foreign vessels
Status: in_force

Except pursuant to international treaty, convention, or agreement, to which the United States is a party, subchapters I through III and this subchapter shall not apply to any foreign vessel that is not destined for, or departing from, a port or place subject to the jurisdiction of the United States and that is in—

(1) innocent passage through the territorial sea of the United States; or

(2) transit through the navigable waters of the United States that form a part of an international strait.

(Added Pub. L. 115–282, title IV, §401(a), Dec. 4, 2018, 132 Stat. 4261; amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8507(a)(6), Jan. 1, 2021, 134 Stat. 4753.)

Editorial Notes

Amendments

2021—Pub. L. 116–283 substituted "I through III" for "A through C" in introductory provisions.
46 U.S.C. § 12134 (2024) — Title 46: SHIPPING / Chapter 121 / Subchapter III / Section 12134: Evidentiary uses of documentation
Evidentiary uses of documentation
Status: in_force

A certificate of documentation is—

(1) conclusive evidence of nationality for international purposes, but not in a proceeding conducted under the laws of the United States;

(2) conclusive evidence of qualification to engage in a specified trade; and

(3) not conclusive evidence of ownership in a proceeding in which ownership is in issue.

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

Historical and Revision Notes

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

12134
46:12104.
46 U.S.C. § 55331 (2024) — Title 46: SHIPPING / Chapter 553 / Subchapter III / Section 55331: Definitions
Definitions
Status: in_force

In this subchapter:

(1) American great lakes vessel.—The term "American Great Lakes vessel" means a vessel so designated under section 55332 of this title, but only during the period the designation is in effect.

(2) Great lakes.—The term "Great Lakes" means Lake Superior, Lake Michigan, Lake Huron, Lake Erie, Lake Ontario, the Saint Lawrence River west of Saint Regis, New York, and their connecting and tributary waters.

(3) Great lakes shipping season.—The term "Great Lakes shipping season" means the period each year during which the Saint Lawrence Seaway is open for navigation by vessels, as declared by the Great Lakes St. Lawrence Seaway Development Corporation.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1648; Pub. L. 116–260, div. AA, title V, §512(c)(6)(E), Dec. 27, 2020, 134 Stat. 2757.)

Historical and Revision Notes

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

55331
46 App.:1241v.
Pub. L. 101–624, title XV, §1527, Nov. 28, 1990, 104 Stat. 3668.

In paragraph (1), the words "but only during the period the designation is in effect" are added for clarity.

In paragraph (3), the words "created by the Act of May 13, 1954 (33 U.S.C. 981 et seq.)" are omitted as unnecessary.

The definition of "Secretary" in 46 App. U.S.C. 1241v(4) is omitted as unnecessary because the full title of the Secretary of Transportation is used the first time the Secretary is referred to in each section.

Editorial Notes

Amendments

2020—Par. (3). Pub. L. 116–260 substituted "Great Lakes St. Lawrence Seaway Development Corporation" for "Saint Lawrence Seaway Development Corporation".
46 U.S.C. § 42108 (2024) — Title 46: SHIPPING / Chapter 421 / Section 42108: Penalty for operating under suspended tariff or service contract
Penalty for operating under suspended tariff or service contract
Status: in_force

A common carrier that accepts or handles cargo for carriage under a tariff or service contract that has been suspended under section 42104(d)(1) or 42106(2) of this title, or after its right to use another tariff or service contract has been suspended under those provisions, is liable to the United States Government for a civil penalty of not more than $50,000 for each day that it is found to be operating under a suspended tariff or service contract.

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

Historical and Revision Notes

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

42108
46 App.:876(k).
June 5, 1920, ch. 250, §19(k); as added Pub. L. 101–595, title I, §103(2), Nov. 16, 1990, 104 Stat. 2979; Pub. L. 105–258, title III, §301, Oct. 14, 1998, 112 Stat. 1915.
46 U.S.C. § 3716 (2024) — Title 46: SHIPPING / Chapter 37 / Section 3716: Tank washings
Tank washings
Status: in_force

(a) A vessel may not transfer cargo in a port or place subject to the jurisdiction of the United States if, before arriving, the vessel has discharged tank washings containing oil or hazardous material in preparation for loading at that port or place in violation of the laws of the United States or in a manner or quantities inconsistent with a treaty to which the United States is a party.

(b) The Secretary shall establish effective control and supervisory measures to carry out this section.

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

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

3716 
46:391a(18)

Section 3716 requires the Secretary to establish effective control and supervisory measures to prohibit the discharge of tank washings by dumping at sea. The section also prohibits the dumping vessel from subsequently loading any cargo at a port or terminal subject to the jurisdiction of the United States. This section is intended to prohibit the practice of discharging a cargo of oil or hazardous substance, then going to sea to clean tanks by pumping tank washing mixtures overboard, and then returning to a port or terminal subject to the jurisdiction of the United States for the purpose of loading a cargo that was incompatible with the prior cargo.
46 U.S.C. § 31329 (2024) — Title 46: SHIPPING / Chapter 313 / Subchapter II / Section 31329: Court sales of documented vessels
Court sales of documented vessels
Status: in_force

(a) A documented vessel may be sold by order of a district court only to—

(1) a person eligible to own a documented vessel under section 12103 of this title; or

(2) a mortgagee of that vessel.

(b) When a vessel is sold to a mortgagee not eligible to own a documented vessel—

(1) the vessel must be held by the mortgagee for resale;

(2) the vessel held by the mortgagee is subject to chapter 563 of this title; and

(3) the sale of the vessel to the mortgagee is not a sale to a person not a citizen of the United States under section 12132 of this title.

(c) Unless waived by the Secretary of Transportation, a person purchasing a vessel by court order under subsection (a)(1) of this section or from a mortgagee under subsection (a)(2) of this section must document the vessel under chapter 121 of this title.

(d) The vessel may be operated by the mortgagee not eligible to own a documented vessel only with the approval of the Secretary of Transportation.

(e) A sale of a vessel contrary to this section is void.

(f) This section does not apply to a documented vessel that has been operated only for pleasure.

(Pub. L. 100–710, title I, §102(c), Nov. 23, 1988, 102 Stat. 4747; Pub. L. 104–324, title XI, §1118, Oct. 19, 1996, 110 Stat. 3973; Pub. L. 109–304, §15(32), Oct. 6, 2006, 120 Stat. 1704; Pub. L. 111–281, title IX, §913(c), Oct. 15, 2010, 124 Stat. 3017.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

31329 
46:961(f)

Section 31329 sets out certain restrictions on the court sale of a documented vessel.

Section 31329(a) restricts the sale only to a person eligible to own a documented vessel under section 12102 of title 46 or to the mortgagee, which may be a trustee acting as a holder of a preferred mortgage on a documented vessel for the benefit of a person not eligible to be the holder of a preferred mortgage on that vessel.

Section 31329(b) sets out conditions on the sale to a trustee acting as a holder of a preferred mortgage on a documented vessel for the benefit of a person not eligible to be the holder of a preferred mortgage on that vessel. First, the vessel must be held by the trustee for resale. Second, while being held for resale, the vessel is subject to requisition or purchase during a national emergency under section 902 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1242). And third, the sale of the vessel to the trustee is not a sale foreign within the terms of the First Proviso of section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883).

Section 31329(c) requires a person that is eligible to document the vessel that purchases a vessel from the court to document the vessel. This subsection also requires the person purchasing the vessel from the trustee to document it, thereby restricting to whom the trustee can sell the vessel. Many documented vessels have no national defense utility, such as recreational vessels and fishing vessels. Therefore, both of these restrictions can be waived by the Secretary. As previously discussed, these waivers can be on a case-by-case basis or with a blanket waiver.

Section 31329(d) prohibits a trustee from operating the vessel without the approval of the Secretary.

Section 31329(e) voids any sale that is done contrary to this section.

house floor statement

Under section 31329(d) a vessel may be operated by the trustee only with the approval of the Secretary. Under current law a vessel may be documented by a trust if all of the members of the trust are citizens of the United States. If the trust buying the vessel at the court sale includes foreign investors, the vessel cannot be documented. The Committee intends in this section that the vessel will only be "operated" in a maintenance manner, but not in a commercial service.

Editorial Notes

Amendments

2010—Subsec. (d). Pub. L. 111–281 substituted "Secretary of Transportation" for "Secretary".

2006—Subsec. (a)(1). Pub. L. 109–304, §15(32)(A), substituted "section 12103" for "section 12102".

Subsec. (b)(2). Pub. L. 109–304, §15(32)(B)(i), substituted "chapter 563 of this title" for "section 902 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1242)".

Subsec. (b)(3). Pub. L. 109–304, §15(32)(B)(ii), substituted "sale to a person not a citizen of the United States under section 12132 of this title" for "sale foreign within the terms of the first proviso of section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883)".

1996—Subsec. (f). Pub. L. 104–324 added subsec. (f).

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. § 3706 (2024) — Title 46: SHIPPING / Chapter 37 / Section 3706: Product carrier minimum standards
Product carrier minimum standards
Status: in_force

(a) A new product carrier of at least 30,000 deadweight tons shall be equipped with protectively located segregated ballast tanks.

(b) A new product carrier of at least 20,000 deadweight tons shall be equipped with a cargo tank protection system consisting of a fixed deck froth system and a fixed inert gas system or, if the product carrier carries dedicated products incompatible with the cargo tank protection system, an alternate protection system authorized by the Secretary.

(c) An existing product carrier of at least 40,000 deadweight tons shall be equipped with segregated ballast tanks or may operate with dedicated clean ballast tanks.

(d) An existing product carrier of at least 20,000 deadweight tons but less than 40,000 deadweight tons, and at least 15 years of age, shall be equipped with segregated ballast tanks or may operate with dedicated clean ballast tanks.

(e) An existing product carrier of at least 40,000 deadweight tons, or an existing product carrier of at least 20,000 deadweight tons but less than 40,000 deadweight tons that is fitted with high-capacity tank washing machines, shall be equipped with an inert gas system.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 523; Pub. L. 115–232, div. C, title XXXV, §3544(c), Aug. 13, 2018, 132 Stat. 2325.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

3706(a) 
46:391a(7)(B)

3706(b) 
46:391a(7)(C)

3706(c) 
46:391a(7)(G)

3706(d) 
46:391a(7)(H)

3706(e) 
46:391a(7)(I)

Section 3706 requires compliance with certain minimum standards by a product carrier, which is a self-propelled tank vessel.

Section 3706(a) requires new product carriers of 30,000 deadweight tons or above, to have protectively located segregated ballast tanks.

Section 3706(b) requires new product carriers of 20,000 deadweight tons or above, to have a cargo tank protection system consisting of a fixed deck froth system or a fixed inert gas system. If the products carried are incompatible with the cargo tank protection system, then an alternative protection system may be authorized.

Section 3706(c) requires existing product carriers of 40,000 deadweight tons or above, to have segregated ballast tanks or to operate with dedicated clean ballast tanks.

Section 3706(d) requires existing product carriers of 20,000 deadweight tons or above, but less than 40,000 deadweight tons, that are 15 years or older, to have segregated ballast tanks by January 1, 1985, or on the date on which it reaches 15 years of age or, in the alternative, that the vessel operate with dedicated clean ballast tanks.

Section 3706(e) requires existing product carriers of 40,000 deadweight tons or above, or to existing product carriers, fitted with high-capacity tank washing machines, of 20,000 deadweight tons but less than 40,000 deadweight tons, to install an inert gas system.

Editorial Notes

Amendments

2018—Subsec. (d). Pub. L. 115–232 struck out "before January 2, 1986, or the date on which it reaches 15 years of age, whichever is later" before period at end.
46 U.S.C. § 504 (2024) — Title 46: SHIPPING / Chapter 5 / Section 504: Remission of fees and penalties
Remission of fees and penalties
Status: in_force

Any part of a fee, tax, or penalty paid or a forfeiture incurred under a law or regulation relating to vessels or seamen may be remitted if—

(1) application for the remission is made within one year after the date of the payment or forfeiture; and

(2) it is found that the fee, tax, penalty, or forfeiture was improperly or excessively imposed.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1491.)

Historical and Revision Notes

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

504
46:2108.

This section replaces 46 U.S.C. 2108, which was enacted as part of the codification of subtitle II of title 46 in 1983. That provision was based on section 26 of the Act of June 26, 1884, ch. 121, 23 Stat. 59, which prior to the subtitle II codification appeared at 46 U.S.C. 8 (1982 ed.). In the enactment of 46 U.S.C. 2108, the scope of the 1884 provision was narrowed, presumably inadvertently. This section restores the remissions authority to its prior scope. Note that 19 C.F.R. §4.24 (2003) still refers to "the authority to make refunds in accordance with section 26 of the Act of June 26, 1884 (46 U.S.C. 8)" as if that provision had not been replaced by 46 U.S.C. 2108 in 1983.
46 U.S.C. § 4507 (2024) — Title 46: SHIPPING / Chapter 45 / Section 4507: Penalties
Penalties
Status: in_force

(a) The owner, charterer, managing operator, agent, master, and individual in charge of a vessel to which this chapter applies which is operated in violation of this chapter or a regulation prescribed under this chapter may each be assessed a civil penalty by the Secretary of not more than $5,000. Any vessel with respect to which a penalty is assessed under this subsection is liable in rem for the penalty.

(b) A person willfully violating this chapter or a regulation prescribed under this chapter shall be fined not more than $5,000, imprisoned for not more than one year, or both.

(Added Pub. L. 100–424, §2(a), Sept. 9, 1988, 102 Stat. 1588.)
46 U.S.C. § 31101 (2024) — Title 46: SHIPPING / Chapter 311 / Section 31101: Short title
Short title
Status: in_force

This chapter may be cited as the "Public Vessels Act".

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

Historical and Revision Notes

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

31101
46 App.:781 note.

Statutory Notes and Related Subsidiaries

Short Title

Act of March 3, 1925, ch. 428, 43 Stat. 1112, which enacted chapter 22 (§781 et seq.) of the former Appendix to this title, was popularly known as the "Public Vessels Act", prior to being repealed and restated in this chapter by Pub. L. 109–304, §§6(c), 19, Oct. 6, 2006, 120 Stat. 1509, 1710.