46 U.S.C. § 50402 (2024) — Title 46: SHIPPING / Chapter 504 / Section 50402: Maritime Transportation System National Advisory Committee
Maritime Transportation System National Advisory Committee
Status: in_force

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

(b) Function.—The Committee shall advise the Secretary of Transportation on matters relating to the United States maritime transportation system and its seamless integration with other segments of the transportation system, including the viability of the United States Merchant Marine.

(c) Membership.—

(1) In general.—The Committee shall consist of 27 members appointed by the Secretary of Transportation in accordance with this section and section 15109.

(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) At least one member shall represent the Environmental Protection Agency.

(B) At least one member shall represent the Department of Commerce.

(C) At least one member shall represent the Corps of Engineers.

(D) At least one member shall represent the Coast Guard.

(E) At least one member shall represent Customs and Border Protection.

(F) At least one member shall represent State and local governmental entities.

(G) Additional members shall represent private sector entities that reflect a cross-section of maritime industries, including port and water stakeholders, academia, and labor.

(H) The Secretary may appoint additional representatives from other Federal agencies as the Secretary considers appropriate.

(4) Restrictions on members representing federal agencies.—Members of the Committee that represent Federal agencies shall not—

(A) comprise more than one-third of the total membership of the Committee or of any subcommittee therein; or

(B) serve as the chair or co-chair of the Committee or of any subcommittee therein.

(5) Administration.—For purposes of section 15109—

(A) the Committee shall be treated as a committee established under chapter 151; and

(B) the Secretary of Transportation shall fulfill all duties and responsibilities and have all authorities of the Secretary of Homeland Security with regard to the Committee.

(Added Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], §8332(a), Jan. 1, 2021, 134 Stat. 4703, §55502; renumbered §50402, Pub. L. 117–81, div. C, title XXXV, §3512(a)(3), Dec. 27, 2021, 135 Stat. 2239.)

Editorial Notes

Amendments

2021—Pub. L. 117–81 renumbered section 55502 of this title as this section.

Statutory Notes and Related Subsidiaries

Treatment of Existing Committee

Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], §8332(b), Jan. 1, 2021, 134 Stat. 4704, as amended by Pub. L. 117–81, div. C, title XXXV, §3512(b), Dec. 27, 2021, 135 Stat. 2239, provided that: "Notwithstanding any other provision of law—

"(1) an advisory committee substantially similar to the Committee established by section 50402 of title 46, United States Code, and that was in force or in effect on the day before the date of the enactment of this Act [Jan. 1, 2021], including the charter, membership, and other aspects of such advisory committee, may remain in force or in effect for the 2-year period beginning on the date of the enactment of this section; and

"(2) during such 2-year period—

"(A) requirements relating the Maritime Transportation System National Advisory Committee established by such section shall be treated as satisfied by such substantially similar advisory committee; and

"(B) the enactment of this section shall not be the basis—

"(i) to deem, find, or declare such committee, including the charter, membership, and other aspects thereof, void, not in force, or not in effect;

"(ii) to suspend the activities of such committee; or

"(iii) to bar the members of such committee from a meeting."
46 U.S.C. § 5107 (2024) — Title 46: SHIPPING / Chapter 51 / Section 5107: Delegation of authority
Delegation of authority
Status: in_force

(a) The Secretary shall delegate to the American Bureau of Shipping or other similarly qualified organizations the authority to assign load lines, survey vessels, determine that load lines are marked correctly, and issue load line certificates under this chapter.

(b) Under regulations prescribed by the Secretary, a decision of an organization delegated authority under subsection (a) of this section related to the assignment of a load line may be appealed to the Secretary.

(c) For a vessel intended to be engaged on a foreign voyage, the Secretary may delegate to another country that is a party to the International Convention on Load Lines, 1966, the authority to assign load lines, survey vessels, determine that the load lines are marked correctly, and issue an International Load Line Certificate (1966).

(d) The Secretary may terminate a delegation made under this section after giving written notice to the organization.

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

Historical and Revision Notes

Revised section 5107

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

Section 5107(a) requires the Secretary to delegate the performance of various load line functions to the American Bureau of Shipping or other similarly qualified organizations. In providing for the delegation to a "similarly qualified organization," the Committee expects that the Secretary will ensure that that organization complies with the same stringent standards and requirements for conducting business that apply to the American Bureau of Shipping.

Section 5107(b) permits an appeal to the Secretary of a decision by an organization that has received delegated authority. This ensures that the Secretary has full oversight of the delegated load line functions.

Section 5107(c) permits the Secretary to delegate various load line functions to another country for vessels that are engaged on a foreign voyage, provided that the country is a party to the International Convention on Load Lines, 1966.

Section 5107(d) clarifies the Secretary's authority to revoke a delegation at any time without cause. This authority is given so that no delay occurs administratively in revoking a delegation whenever the Secretary decides a revocation is warranted.
46 U.S.C. § 70131 (2024) — Title 46: SHIPPING / Chapter 701 / Subchapter II / Section 70131: Definitions
Definitions
Status: in_force

In this subchapter:

(1) Law enforcement agency.—The term "law enforcement agency" means an agency of a State, a political subdivision of a State, or a Federally recognized tribe that is authorized by law to supervise the prevention, detection, investigation, or prosecution of any violation of criminal law.

(2) Security zone.—The term "security zone" means a security zone, established by the Commandant of the Coast Guard or the Commandant's designee pursuant to section 1 1 of title II of the Act of June 15, 1917 (50 U.S.C. 191) or section 7(b) 1 of the Ports and Waterways Safety Act (33 U.S.C. 1226(b)), for a vessel carrying especially hazardous cargo when such vessel—

(A) enters, or operates within, the internal waters of the United States and the territorial sea of the United States; or

(B) transfers such cargo or residue in any port or place, under the jurisdiction of the United States, within the territorial sea of the United States or the internal waters of the United States.

(Added Pub. L. 111–281, title VIII, §828(a), Oct. 15, 2010, 124 Stat. 3005; amended Pub. L. 111–330, §1(16), Dec. 22, 2010, 124 Stat. 3570.)

Editorial Notes

References in Text

Section 1 of title II of the Act of June 15, 1917, referred to in par. (2), which was classified to section 191 of Title 50, War and National Defense, was redesignated and transferred to section 70051 of this title by Pub. L. 115–282, title IV, §407(b)(1), (5), Dec. 4, 2018, 132 Stat. 4267.

Section 7(b) of the Ports and Waterways Safety Act, referred to in par. (2), which was classified to section 1226(b) of Title 33, Navigation and Navigable Waters, was redesignated and transferred to section 70116(b) of this title by Pub. L. 115–282, title IV, §402(b)(1), Dec. 4, 2018, 132 Stat. 4264. A duplicate transfer to section 70102a(b) of this title by section 408(a) of Pub. L. 115–282 was repealed by Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8507(d)(1), Jan. 1, 2021, 134 Stat. 4754.

Amendments

2010—Pub. L. 111–330 amended Pub. L. 111–281, §828(a), which enacted this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Pub. L. 111–330, §1, Dec. 22, 2010, 124 Stat. 3569, provided that the amendment made by section 1(16) is effective with the enactment of Pub. L. 111–281.

1 See References in Text note below.
46 U.S.C. § 53512 (2024) — Title 46: SHIPPING / Chapter 535 / Section 53512: FIFO and LIFO withdrawals
FIFO and LIFO withdrawals
Status: in_force

(a) FIFO.—Except as provided in subsection (b), an amount withdrawn from an account under this chapter shall be treated as withdrawn on a first-in-first-out basis.

(b) LIFO.—An amount withdrawn from an account under this chapter shall be treated as withdrawn on a last-in-first-out basis if it is—

(1) a nonqualified withdrawal for research, development, and design expenses incident to new and advanced vessel design, machinery, and equipment; or

(2) an amount treated as a nonqualified withdrawal under section 53510(d) of this title.

(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)

53512
46 App.:1177(h)(2) (last sentence).
June 29, 1936, ch. 858, title VI, §607(h)(2) (last sentence), 49 Stat. 2005; June 23, 1938, ch. 600, §§23–28, 52 Stat. 960; Aug. 4, 1939, ch. 417, §10, 53 Stat. 1185; July 17, 1952, ch. 939, §§17–19, 66 Stat. 764; Pub. L. 85–637, Aug. 14, 1958, 72 Stat. 216; Pub. L. 86–518, §1, June 12, 1960, 74 Stat. 216; Pub. L. 87–45, §6, May 27, 1961, 75 Stat. 91; Pub. L. 87–271, Sept. 21, 1961, 75 Stat. 570; restated Pub. L. 91–469, §21(a), Oct. 21, 1970, 84 Stat. 1030.
46 U.S.C. § 58105 (2024) — Title 46: SHIPPING / Chapter 581 / Section 58105: Preferences for cargo in which charterer has interest
Preferences for cargo in which charterer has interest
Status: in_force

A contractor receiving an operating-differential subsidy, or a charterer under chapter 575 of this title, may not unjustly discriminate in any manner so as to give preference, directly or indirectly, to cargo in which the contractor or charterer has a direct or indirect ownership, purchase, or vending interest.

(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)

58105
46 App.:1226.
June 29, 1936, ch. 858, title VIII, §808, 49 Stat. 2015.

The words "and whosoever shall violate this provision shall be guilty of a misdemeanor" are omitted because section 3559 of title 18 provides for the classification of offenses. See the revision notes for section 58109 of the revised title.
46 U.S.C. § 113 (2024) — Title 46: SHIPPING / Chapter 1 / Section 113: Undocumented
Undocumented
Status: in_force

In this title, the term "undocumented" means not having and not required to have a certificate of documentation issued under chapter 121 of this title.

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

Historical and Revision Notes

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

113
46:2101(41).

The words "certificate of documentation" are substituted for "document" for consistency with chapter 121.
46 U.S.C. § 41307 (2024) — Title 46: SHIPPING / Chapter 413 / Section 41307: Injunctive relief sought by the Commission
Injunctive relief sought by the Commission
Status: in_force

(a) General Violations.—In connection with an investigation under section 41301 or 41302 of this title, the Federal Maritime Commission may bring a civil action to enjoin conduct in violation of this part. The action must be brought in the district court of the United States for any judicial district in which the defendant resides or transacts business. After notice to the defendant, and a showing that the standards for granting injunctive relief by courts of equity are met, the court may grant a temporary restraining order or preliminary injunction for a period not to exceed 10 days after the Commission has issued an order disposing of the issues under investigation.

(b) Reduction in Competition.—

(1) Action by commission.—If, at any time after the filing or effective date of an agreement under chapter 403 of this title, the Commission determines that the agreement is likely, by a reduction in competition, to produce an unreasonable reduction in transportation service or an unreasonable increase in transportation cost or to substantially lessen competition in the purchasing of certain covered services, the Commission, after notice to the person filing the agreement, may bring a civil action in the United States District Court for the District of Columbia to enjoin the operation of the agreement. The Commission's sole remedy with respect to an agreement likely to have such an effect is an action under this subsection.

(2) Remedies by court.—In an action under this subsection, the court may issue—

(A) a temporary restraining order or a preliminary injunction; and

(B) a permanent injunction after a showing that the agreement is likely to have the effect described in paragraph (1).

(3) Burden of proof and third parties.—In an action under this subsection, the burden of proof is on the Commission. The court may not allow a third party to intervene.

(4) Competition factors.—In making a determination under this subsection regarding whether an agreement is likely to substantially lessen competition in the purchasing of certain covered services, the Commission may consider any relevant competition factors in affected markets, including, without limitation, the competitive effect of agreements other than the agreement under review.

(c) Failure To Provide Information.—If a person filing an agreement, or an officer, director, partner, agent, or employee of the person, fails substantially to comply with a request for the submission of additional information or documents within the period provided in section 40304(c) of this title, the Commission may bring a civil action in the United States District Court for the District of Columbia. At the request of the Commission, the Court—

(1) may order compliance;

(2) shall extend the period specified in section 40304(c)(2) of this title until there has been substantial compliance; and

(3) may grant other equitable relief that the court decides is appropriate.

(d) Representation.—The Commission may represent itself in a proceeding under this section in—

(1) a district court of the United States, on notice to the Attorney General; and

(2) a court of appeals of the United States, with the approval of the Attorney General.

(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1547; Pub. L. 115–282, title VII, §710(a), Dec. 4, 2018, 132 Stat. 4297.)

Historical and Revision Notes

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

41307(a)
46 App.:1710(h)(1).
Pub. L. 98–237, §11(c) (last sentence), (h)(1), Mar. 20, 1984, 98 Stat. 80, 81.

41307(b)(1)
46 App.:1705(g), (h) (1st sentence).
Pub. L. 98–237, §6(g)–(i), (k), Mar. 20, 1984, 98 Stat. 72, 73.

 
46 App.:1710(c) (last sentence).

41307(b)(2)
46 App.:1705(h) (2d sentence).

41307(b)(3)
46 App.:1705(h) (3d, last sentences).

41307(c)
46 App.:1705(i).

41307(d)
46 App.:1705(k).

Editorial Notes

Amendments

2018—Subsec. (b)(1). Pub. L. 115–282, §710(a)(1), inserted "or to substantially lessen competition in the purchasing of certain covered services" after "transportation cost".

Subsec. (b)(4). Pub. L. 115–282, §710(a)(2), added par. (4).

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Pub. L. 115–282, title VII, §710(b), Dec. 4, 2018, 132 Stat. 4297, provided that: "Section 41307(b) of title 46, United States Code, as amended, shall apply to any agreement filed or with an effective date before, on, or after the date of enactment of this Act [Dec. 4, 2018]."
46 U.S.C. § 50105 (2024) — Title 46: SHIPPING / Chapter 501 / Section 50105: Studies and cooperation relating to the construction of vessels
Studies and cooperation relating to the construction of vessels
Status: in_force

(a) Relative Costs and New Designs.—The Secretary of Transportation shall investigate, determine, and keep current records of—

(1) the relative cost of construction of comparable vessels in the United States and in foreign countries; and

(2) new designs, new methods of construction, and new types of equipment for vessels.

(b) Rules, Classifications, and Ratings.—The Secretary shall examine the rules under which vessels are constructed abroad and in the United States and the methods of classifying and rating the vessels.

(c) Collaboration With Owners and Builders.—The Secretary shall collaborate with vessel owners and shipbuilders in developing plans for the economical construction of vessels and their propelling machinery, of most modern economical types, giving thorough consideration to all well-recognized means of propulsion and taking into account the benefits from standardized production where practicable and desirable.

(d) Express-Liner and Super-Liner Vessels.—The Secretary shall study and cooperate with vessel owners in devising means by which there may be constructed, by or with the aid of the United States Government, express-liner or super-liner vessels comparable to those of other nations, especially with a view to their use in a national emergency, and the use of transoceanic aircraft service in connection with or in lieu of those vessels.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1558.)

Historical and Revision Notes

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

50105(a)(1)
46 App.:811 (1st sentence words before 1st comma).
Sept. 7, 1916, ch. 451, §12 (1st sentence words before 1st comma, 2d sentence words before 2d comma), 39 Stat. 732; Ex. Ord. No. 6166, §12, eff. June 10, 1933; June 29, 1936, ch. 858, title II, §204, title IX, §904, 49 Stat. 1987, 2016; Pub. L. 97–31, §12(27), Aug. 6, 1981, 95 Stat. 155.

 
46 App.:1121(d).
June 29, 1936, ch. 858, title II, §211(d), (j) (words before 1st semicolon), 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.

50105(a)(2)
46 App.:1121(j) (words before 1st semicolon).

50105(b)
46 App.:811 (2d sentence words before 2d comma).

50105(c)
46 App.:1122(c).
June 29, 1936, ch. 858, title II, §212(b)(2), (c), 49 Stat. 1990; Pub. L. 97–31, §12(69), Aug. 6, 1981, 95 Stat. 159.

50105(d)
46 App.:1122(b)(2).
46 U.S.C. § 30905 (2024) — Title 46: SHIPPING / Chapter 309 / Section 30905: Period for bringing action
Period for bringing action
Status: in_force

A civil action under this chapter must be brought within 2 years after the cause of action arose.

(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1518.)

Historical and Revision Notes

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

30905
46 App.:745 (words before 1st proviso).
Mar. 9, 1920, ch. 95, §5 (words before 1st proviso), 41 Stat. 526; June 30, 1932, ch. 315, 47 Stat. 420; Dec. 13, 1950, ch. 1136, 64 Stat. 1112.
46 U.S.C. § 31112 (2024) — Title 46: SHIPPING / Chapter 311 / Section 31112: Lien not recognized or created
Lien not recognized or created
Status: in_force

This chapter shall not be construed as recognizing the existence of or as creating a lien against a public vessel of the United States.

(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)

31112
46 App.:788.
Mar. 3, 1925, ch. 428, §8, 43 Stat. 1113.
46 U.S.C. § 41103 (2024) — Title 46: SHIPPING / Chapter 411 / Section 41103: Disclosure of information
Disclosure of information
Status: in_force

(a) Prohibition.—A common carrier, marine terminal operator, or ocean freight forwarder, either alone or in conjunction with any other person, directly or indirectly, may not knowingly disclose, offer, solicit, or receive any information concerning the nature, kind, quantity, destination, consignee, or routing of any property tendered or delivered to a common carrier, without the consent of the shipper or consignee, if the information—

(1) may be used to the detriment or prejudice of the shipper, the consignee, or any common carrier; or

(2) may improperly disclose its business transaction to a competitor.

(b) Exceptions.—Subsection (a) does not prevent providing the information—

(1) in response to legal process;

(2) to the Federal Maritime Commission or an agency of the United States Government; or

(3) to an independent neutral body operating within the scope of its authority to fulfill the policing obligations of the parties to an agreement effective under this part.

(c) Disclosure for Determining Breach or Compiling Statistics.—An ocean common carrier that is a party to a conference agreement approved under this part, a receiver, trustee, lessee, agent, or employee of the carrier, or any other person authorized by the carrier to receive information—

(1) may give information to the conference or any person or agency designated by the conference, for the purpose of—

(A) determining whether a shipper or consignee has breached an agreement with the conference or its member lines;

(B) determining whether a member of the conference has breached the conference agreement; or

(C) compiling statistics of cargo movement; and

(2) may not prevent the conference or its designee from soliciting or receiving information for any of those purposes.

(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1540.)

Historical and Revision Notes

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

41103(a)
46 App.:1709(b)(13), (d)(3) (related to (b)(13)), (5).
Pub. L. 98–237, §10(b)(13), (words after cl. (13)), (d)(3) (related to (b)(13)), (5), Mar. 20, 1984, 98 Stat. 79, 80; Pub. L. 101–595, title VII, §710(c)(1), (2), Nov. 16, 1990, 104 Stat. 2997; Pub. L. 105–258, title I, §109(a)(10), (11), (16), (17), (c)(3), Oct. 14, 1998, 112 Stat. 1910, 1911.

41103(b)
46 App.:1709(b) (next-to-last sentence).

41103(c)
46 App.:1709(b) (last sentence).

In subsection (a), the words "marine terminal operator, or ocean freight forwarder" are added because of 46 App. U.S.C. 1709(d)(3) and (5). The words "ocean freight forwarder" are substituted for "ocean transportation intermediaries, as defined by section 1702(17)(A) of this Appendix" in 46 App. U.S.C. 1709(d)(5) because the definition of "ocean transportation intermediary" in section 1702(17)(A) contains a definition of "ocean freight forwarder" which is restated as a separate definition.

In subsection (b), the words "does not prevent" are substituted for "Nothing . . . shall be construed to prevent" to eliminate unnecessary words.

In subsection (c)(1), the words "may give information" are substituted for "Nor shall it be prohibited . . . to give information" to eliminate unnecessary words. The words "firm, corporation" are omitted as unnecessary because firms and corporations are persons.

In subsection (c)(2), the words "may not prevent" are substituted for "Nor shall it be prohibited . . . to prevent" to reflect the probable intent of Congress. The words "but the use of such information for any other purpose prohibited by this chapter or any other Act is prohibited" are omitted as unnecessary.
46 U.S.C. § 51903 (2024) — Title 46: SHIPPING / Chapter 519 / Section 51903: Multiple awards
Multiple awards
Status: in_force

An individual may not be awarded more than one of any type of decoration or medal under this chapter. For each succeeding act or service justifying the same decoration or medal, a suitable device may be awarded to be worn with the decoration or medal.

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

Historical and Revision Notes

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

51903
46 App.:2004(a).
Pub. L. 100–324, §5(a), May 30, 1988, 102 Stat. 576.
46 U.S.C. § 3205 (2024) — Title 46: SHIPPING / Chapter 32 / Section 3205: Certification
Certification
Status: in_force

(a) Issuance of Certificate and Document.—After verifying that the responsible person for a vessel to which this chapter applies and the vessel comply with the applicable requirements under this chapter, the Secretary shall issue for the vessel, on request of the responsible person, a Safety Management Certificate and a Document of Compliance.

(b) Maintenance of Certificate and Document.—A Safety Management Certificate and a Document of Compliance issued for a vessel under this section shall be maintained by the responsible person for the vessel as required by the Secretary.

(c) Verification of Compliance.—The Secretary shall—

(1) periodically, or upon discovery from other sources of information acquired by the Coast Guard, including a discovery made during an audit or systematic review conducted under section 10104(e) of a failure of a responsible person or vessel to comply with a requirement of a safety management system for which a Safety Management Certificate and a Document of compliance 1 has been issued under this section, including a failure to comply with regulations prescribed under section 3203(a)(7) and (8), review whether a responsible person having a safety management plan approved under section 3204(b) and each vessel to which the plan applies is complying with the plan; and

(2) revoke the Secretary's approval of the plan and each Safety Management Certificate and Document of Compliance issued to the person for a vessel to which the plan applies, if the Secretary determines that the person or a vessel to which the plan applies has not complied with the plan.

(d) Enforcement.—At the request of the Secretary, the Secretary of Homeland Security shall withhold or revoke the clearance required by section 60105 of this title of a vessel that is subject to this chapter under section 3202(a) of this title or to the International Safety Management Code, if the vessel does not have on board a Safety Management Certificate and a copy of a Document of Compliance for the vessel. Clearance may be granted on filing a bond or other surety satisfactory to the Secretary.

(Added Pub. L. 104–324, title VI, §602(a), Oct. 19, 1996, 110 Stat. 3929; amended Pub. L. 109–304, §15(10), Oct. 6, 2006, 120 Stat. 1703; Pub. L. 110–181, div. C, title XXXV, §3529(b)(1)(A), Jan. 28, 2008, 122 Stat. 603; Pub. L. 117–263, div. K, title CXVI, §11610(b), Dec. 23, 2022, 136 Stat. 4155.)

Editorial Notes

Amendments

2022—Subsec. (c)(1). Pub. L. 117–263 inserted ", or upon discovery from other sources of information acquired by the Coast Guard, including a discovery made during an audit or systematic review conducted under section 10104(e) of a failure of a responsible person or vessel to comply with a requirement of a safety management system for which a Safety Management Certificate and a Document of compliance has been issued under this section, including a failure to comply with regulations prescribed under section 3203(a)(7) and (8)," after "periodically".

2008—Subsec. (d). Pub. L. 110–181 amended Pub. L. 109–304, §15(10). See 2006 Amendment note below.

2006—Subsec. (d). Pub. L. 109–304, §15(10), as amended by Pub. L. 110–181, substituted "Secretary of Homeland Security shall withhold or revoke the clearance required by section 60105 of this title" for "Secretary of the Treasury shall withhold or revoke the clearance required by section 4197 of the Revised Statutes (46 U.S.C. App. 91)".

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Pub. L. 110–181, div. C, title XXXV, §3529(b)(2), Jan. 28, 2008, 122 Stat. 603, provided that: "The amendments made by paragraph (1) [amending this section and section 31325 of this title] shall be effective as if included in the enactment of Public Law 109–304."

1 So in original. Probably should be "Compliance".
46 U.S.C. § 14103 (2024) — Title 46: SHIPPING / Chapter 141 / Section 14103: Delegation of authority
Delegation of authority
Status: in_force

(a) The Secretary may delegate to a qualified person the authority to measure a vessel and issue an International Tonnage Certificate (1969) or other appropriate certificate of measurement under this part.

(b) Under regulations prescribed by the Secretary, a decision of the person delegated authority under subsection (a) of this section related to measuring a vessel or issuing a certificate may be appealed to the Secretary.

(c) For a vessel that engages on a foreign voyage, the Secretary may delegate to another country that is a party to the Convention the authority to measure the vessel and issue an International Tonnage Certificate (1969) under chapter 143 of this title.

(d) The Secretary may terminate a delegation made under this section after giving written notice to the person.

(Pub. L. 99–509, title V, §5101(3), Oct. 21, 1986, 100 Stat. 1919; Pub. L. 111–281, title III, §303(b), Oct. 15, 2010, 124 Stat. 2924.)

Historical and Revision Notes

Revised section 14103

Source: International Convention on Tonnage Measurement of Ships.

Section 14103(a) authorizes the Secretary to delegate to a qualified person the authority to measure a vessel and issue an International Tonnage Certificate or other certificate of measurement. The term "qualified person" means an organization that the Secretary believes has the necessary qualifications to measure a vessel competently, such as the American Bureau of Shipping.

The conferees intend that in section 14103 the term "qualified person" includes not only organizations that the Secretary finds to be qualified to perform measurement duties, but any person as that term is defined in section 1 of title 1, United States Code (including individuals), that the Secretary determines qualified to perform measurement duties. The House and Senate conferees also agree that, where authorized, in addition to information required by the Secretary, regulatory tonnage should be used on all certificates and documents related to a vessel unless the owner otherwise requests.

Section 14103(b) provides for the appeal to the Secretary of a decision made by a person that has received delegated authority. This ensures that the Secretary has full oversight of delegated tonnage measurement functions.

Section 14103(c) authorizes the Secretary to delegate to a country that is a party to the International Convention on Tonnage Measurement of Ships, 1969, the authority to measure a vessel and issue an International Tonnage Certificate.

Section 14103(d) clarifies the Secretary's authority to revoke at any time and without cause a delegation of authority to measure a vessel or issue a certificate. This authority is given so that no delay occurs administratively in revoking a delegation wherever the Secretary decides a revocation is warranted.

Editorial Notes

Amendments

2010—Subsec. (c). Pub. L. 111–281 substituted "that engages on" for "intended to be engaged on".
46 U.S.C. § 3204 (2024) — Title 46: SHIPPING / Chapter 32 / Section 3204: Implementation of safety management system
Implementation of safety management system
Status: in_force

(a) Safety Management Plan.—Each responsible person shall establish and submit to the Secretary for approval a safety management plan describing how that person and vessels of the person to which this chapter applies will comply with the regulations prescribed under section 3203(a) of this title.

(b) Approval.—Upon receipt of a safety management plan submitted under subsection (a), the Secretary shall review the plan and approve it if the Secretary determines that it is consistent with and will assist in implementing the safety management system established under section 3203.

(c) Prohibition on Vessel Operation.—A vessel to which this chapter applies under section 3202(a) may not be operated without having on board a Safety Management Certificate and a copy of a Document of Compliance issued for the vessel under section 3205 of this title.

(Added Pub. L. 104–324, title VI, §602(a), Oct. 19, 1996, 110 Stat. 3929.)
46 U.S.C. § 4705 (2024) — Title 46: SHIPPING / Chapter 47 / Section 4705: Liability of barge removal contractors
Liability of barge removal contractors
Status: in_force

(a) A barge removal contractor and its subcontractor are not liable for damages that result from actions taken or omitted to be taken in the course of removing a barge under this chapter.

(b) Subsection (a) does not apply—

(1) with respect to personal injury or wrongful death; or

(2) if the contractor or subcontractor is grossly negligent or engages in willful misconduct.

(Added Pub. L. 102–587, title V, §5302, Nov. 4, 1992, 106 Stat. 5083; amended Pub. L. 109–304, §15(19), Oct. 6, 2006, 120 Stat. 1703.)

Editorial Notes

Amendments

2006—Pub. L. 109–304 in subsec. (a) struck out par. (1) designation before "A barge removal" and substituted "subcontractor are not" for "subcontractor not", redesignated par. (2) as subsec. (b) and subpars. (A) and (B) of former par. (2) as pars. (1) and (2) of subsec. (b), respectively, and substituted "Subsection (a)" for "Paragraph (1)".
46 U.S.C. § 31110 (2024) — Title 46: SHIPPING / Chapter 311 / Section 31110: Subpoenas to officers or members of crew
Subpoenas to officers or members of crew
Status: in_force

An officer or member of the crew of a public vessel may not be subpoenaed in a civil action under this chapter without the consent of—

(1) the Secretary of the department or the head of the independent establishment having control of the vessel at the time the cause of action arose; or

(2) the master or commanding officer of the vessel at the time the subpoena is issued.

(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)

31110
46 App.:784.
Mar. 3, 1925, ch. 428, §4, 43 Stat. 1112.
46 U.S.C. § 41109 (2024) — Title 46: SHIPPING / Chapter 411 / Section 41109: Assessment of penalties
Assessment of penalties
Status: in_force

(a) General Authority.—Until a matter is referred to the Attorney General, the Federal Maritime Commission may—

(1) after notice and opportunity for a hearing, in accordance with this part—

(A) assess a civil penalty; or

(B) in addition to, or in lieu of, assessing a civil penalty under subparagraph (A), order a refund of money (including additional amounts in accordance with section 41305(c)), subject to subsection (b)(2); and

(2) compromise, modify, or remit, with or without conditions, a civil penalty or refund imposed under paragraph (1).

(b) Determination of Amount.—

(1) Factors for consideration.—In determining the amount of a civil penalty assessed or refund of money ordered pursuant to subsection (a), the Federal Maritime Commission shall take into consideration—

(A) the nature, circumstances, extent, and gravity of the violation committed;

(B) with respect to the violator—

(i) the degree of culpability;

(ii) any history of prior offenses;

(iii) the ability to pay; and

(iv) such other matters as justice may require; and

(C) the amount of any refund of money ordered pursuant to subsection (a)(1)(B).

(2) Commensurate reduction in civil penalty.—

(A) In general.—In any case in which the Federal Maritime Commission orders a refund of money pursuant to subsection (a)(1)(B) in addition to assessing a civil penalty pursuant to subsection (a)(1)(A), the amount of the civil penalty assessed shall be decreased by any additional amounts included in the refund of money in excess of the actual injury (as defined in section 41305(a)).

(B) Treatment of refunds.—A refund of money ordered pursuant to subsection (a)(1)(B) shall be—

(i) considered to be compensation paid to the applicable claimant; and

(ii) deducted from the total amount of damages awarded to that claimant in a civil action against the violator relating to the applicable violation.

(c) Exception.—A civil penalty or refund of money under subparagraph (A) or (B), respectively, of subsection (a)(1) may not be imposed for conspiracy to violate subsection (a) or (d) of section 41102 or paragraph (1) or (2) of section 41104(a) or to defraud the Commission by concealing such a violation.

(d) Prohibited Basis of Penalty.—The Commission or a court may not order a person to pay the difference between the amount billed and agreed upon in writing with a common carrier or its agent and the amount set forth in a tariff or service contract by that common carrier for the transportation service provided.

(e) Time Limit.—A proceeding to assess a civil penalty or order a refund of money under this section must be commenced within 5 years after the date of the violation.

(f) Review of Civil Penalty.—A person against whom a civil penalty is assessed, or that is ordered to refund money, under this section may obtain review under chapter 158 of title 28.

(g) Civil Actions To Collect.—If a person does not pay an assessment of a civil penalty or a refund required under this section after it has become final or after the appropriate court has entered final judgment in favor of the Commission, the Attorney General at the request of the Commission may seek to collect the amount assessed in an appropriate district court of the United States. The court shall enforce the order of the Commission unless it finds that the order was not regularly made and duly issued.

(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1544; Pub. L. 117–146, §§8(a)(2), 15(b), June 16, 2022, 136 Stat. 1276, 1279.)

Historical and Revision Notes

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

41109(a)
46 App.:1712(c) (1st, last sentences).
Pub. L. 98–237, §13(c)–(f), Mar. 20, 1984, 98 Stat. 82; Pub. L. 105–258, title I, §112(c), Oct. 14, 1998, 112 Stat. 1912.

41109(b)
46 App.:1712(c) (2d sentence).

41109(c)
46 App.:1712(f)(1) (1st sentence).

41109(d)
46 App.:1712(f)(1) (last sentence).

41109(e)
46 App.:1712(f)(2).

41109(f)
46 App.:1712(d).

41109(g)
46 App.:1712(e).

Editorial Notes

Amendments

2022—Subsecs. (a), (b). Pub. L. 117–146, §8(a)(2)(A), added subsecs. (a) and (b) and struck out former subsecs. (a) and (b) which related to general authority to assess a civil penalty and factors in determining the amount of a civil penalty.

Subsec. (c). Pub. L. 117–146, §15(b), substituted "subsection (a) or (d) of section 41102 or paragraph (1) or (2) of section 41104(a)" for "section 41102(a) or 41104(1) or (2) of this title".

Pub. L. 117–146, §8(a)(2)(B), substituted "or refund of money under subparagraph (A) or (B), respectively, of subsection (a)(1) may not be imposed" for "may not be imposed".

Subsec. (e). Pub. L. 117–146, §8(a)(2)(C), inserted "or order a refund of money" after "penalty".

Subsec. (f). Pub. L. 117–146, §8(a)(2)(D), inserted ", or that is ordered to refund money," after "assessed".

Subsec. (g). Pub. L. 117–146, §8(a)(2)(E), inserted "or a refund required under this section" after "penalty".
46 U.S.C. § 7510 (2024) — Title 46: SHIPPING / Chapter 75 / Section 7510: Examinations for merchant mariner credentials
Examinations for merchant mariner credentials
Status: in_force

(a) Disclosure Not Required.—Notwithstanding any other provision of law, the Secretary is not required to disclose to the public—

(1) a question from any examination for a merchant mariner credential;

(2) the answer to such a question, including any correct or incorrect answer that may be presented with such question; and

(3) any quality or characteristic of such a question, including—

(A) the manner in which such question has been, is, or may be selected for an examination;

(B) the frequency of such selection; and

(C) the frequency that an examinee correctly or incorrectly answered such question.

(b) Exception for Certain Questions.—Notwithstanding subsection (a), the Secretary may, for the purpose of preparation by the general public for examinations required for merchant mariner credentials, release an examination question and answer that the Secretary has retired or is not presently on or part of an examination, or that the Secretary determines is appropriate for release.

(c) Exam Review.—

(1) In general.—Not later than 90 days after the date of the enactment of the Coast Guard Authorization Act of 2016, and once every two years thereafter, the Commandant shall commission a working group to review new questions for inclusion in examinations required for merchant mariner credentials, composed of—

(A) 1 subject matter expert from the Coast Guard;

(B) representatives from training facilities and the maritime industry, of whom—

(i) one-half shall be representatives from approved training facilities; and

(ii) one-half shall be representatives from the appropriate maritime industry;

(C) at least 1 representative from the National Merchant Marine Personnel Advisory Committee;

(D) at least 2 representatives from the State maritime academies, of whom one shall be a representative from the deck training track and one shall be a representative of the engineer license track;

(E) representatives from other Coast Guard Federal advisory committees, as appropriate, for the industry segment associated with the subject examinations;

(F) at least 1 subject matter expert from the Maritime Administration; and

(G) at least 1 human performance technology representative.

(2) Inclusion of persons knowledgeable about examination type.—The working group shall include representatives knowledgeable about the examination type under review.

(3) Limitation.—The requirement to convene a working group under paragraph (1) does not apply unless there are new examination questions to review.

(4) Baseline review.—

(A) In general.—Within 1 year after the date of the enactment of the Coast Guard Authorization Act of 2016, the Secretary shall convene the working group to complete a baseline review of the Coast Guard's Merchant Mariner Credentialing Examination, including review of—

(i) the accuracy of examination questions;

(ii) the accuracy and availability of examination references;

(iii) the length of merchant mariner examinations; and

(iv) the use of standard technologies in administering, scoring, and analyzing the examinations.

(B) Progress report.—The Coast Guard shall provide a progress report to the appropriate congressional committees on the review under this paragraph.

(5) Full membership not required.—The Coast Guard may convene the working group without all members present if any non-Coast-Guard representative is present.

(6) Nondisclosure agreement.—The Secretary shall require all members of the working group to sign a nondisclosure agreement with the Secretary.

(7) Treatment of members as federal employees.—A member of the working group who is not a Federal Government employee shall not be considered a Federal employee in the service or the employment of the Federal Government, except that such a member shall be considered a special government employee, as defined in section 202(a) of title 18 for purposes of sections 203, 205, 207, 208, and 209 of such title and shall be subject to any administrative standards of conduct applicable to an employee of the department in which the Coast Guard is operating.

(8) Formal exam review.—The Secretary shall ensure that the Coast Guard Performance Technology Center—

(A) prioritizes the review of examinations required for merchant mariner credentials; and

(B) not later than 3 years after the date of enactment of the Coast Guard Authorization Act of 2016, completes a formal review, including an appropriate analysis, of the topics and testing methodology employed by the National Maritime Center for merchant mariner licensing.

(9) Chapter 10 of title 5.—Chapter 10 of title 5 shall not apply to any working group created under this section to review the Coast Guard's merchant mariner credentialing examinations.

(d) Merchant Mariner Credential Defined.—In this section, the term "merchant mariner credential" means a merchant mariner license, certificate, or document that the Secretary is authorized to issue pursuant to this title.

(Added Pub. L. 114–120, title III, §315(a)(1), Feb. 8, 2016, 130 Stat. 60; amended Pub. L. 114–328, div. C, title XXXV, §3503(a), (b)(1), Dec. 23, 2016, 130 Stat. 2775; Pub. L. 115–232, div. C, title XXXV, §3541(b)(12), Aug. 13, 2018, 132 Stat. 2323; Pub. L. 115–282, title VI, §601(c)(3)(B), Dec. 4, 2018, 132 Stat. 4289; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8505(b)(7), Jan. 1, 2021, 134 Stat. 4751; Pub. L. 117–286, §4(a)(290), Dec. 27, 2022, 136 Stat. 4337.)

Editorial Notes

References in Text

The date of the enactment of the Coast Guard Authorization Act of 2016, referred to in subsec. (c)(1), (4)(A), (8)(B), is the date of enactment of Pub. L. 114–120, which was approved Feb. 8, 2016.

Amendments

2022—Subsec. (c)(9). Pub. L. 117–286 substituted "Chapter 10 of title 5" for "FACA" in heading and "Chapter 10 of title 5" for "The Federal Advisory Committee Act (5 U.S.C. App.)" in text.

2021—Subsec. (c)(8)(B). Pub. L. 116–283, §8505(b)(7)(A), substituted "merchant mariner" for "merchant seamen".

Subsec. (d). Pub. L. 116–283, §8505(b)(7)(B), substituted "merchant mariner license" for "merchant seaman license".

2018—Subsec. (c)(1). Pub. L. 115–232 substituted "Commandant" for "Commandant of the Coast Guard" in introductory provisions.

Subsec. (c)(1)(C). Pub. L. 115–282 inserted "National" before "Merchant Marine".

2016—Subsec. (c)(1). Pub. L. 114–328, §3503(a), in introductory provisions, substituted "Coast Guard Authorization Act of 2016" for "Coast Guard Authorization Act of 2015".

Subsec. (c)(1)(D). Pub. L. 114–328, §3503(b)(1)(A), substituted "engineer" for "engine".

Subsec. (c)(4)(A), (8)(B). Pub. L. 114–328, §3503(a), substituted "Coast Guard Authorization Act of 2016" for "Coast Guard Authorization Act of 2015".

Subsec. (c)(9). Pub. L. 114–328, §3503(b)(1)(B), inserted a period after "App".

Statutory Notes and Related Subsidiaries

Effective Date of 2016 Amendment

Amendment by Pub. L. 114–328 effective as if included in the enactment of Pub. L. 114–120, see section 3503(e) of Pub. L. 114–328, set out as a note under section 315 of Title 14, Coast Guard.

Disclosure to Congress

Pub. L. 114–120, title III, §315(c), Feb. 8, 2016, 130 Stat. 62, provided that: "Nothing in this section [enacting this section and section 7116 of this title] may be construed to authorize the withholding of information from an appropriate inspector general, the Committee on Commerce, Science, and Transportation of the Senate, or the Committee on Transportation and Infrastructure of the House of Representatives."
46 U.S.C. § 14513 (2024) — Title 46: SHIPPING / Chapter 145 / Subchapter II / Section 14513: Dual tonnage measurement
Dual tonnage measurement
Status: in_force

(a) On application by the owner and approval by the Secretary, the tonnage of spaces prescribed by the Secretary may be excluded in measuring under this section the gross tonnage of a vessel measured under section 14512 of this title. The spaces prescribed by the Secretary shall be comparable to the spaces that could have been excluded under section 2 of the Act of September 29, 1965 (Public Law 89–219, 79 Stat. 891), as section 2 existed immediately before the enactment of this section.

(b) The Secretary shall prescribe the design, location, and dimensions of the tonnage mark to be placed on a vessel measured under this section.

(c)(1) If a vessel is assigned two sets of gross and net tonnages under this section, each certificate stating the vessel's tonnages shall state the gross and net tonnages when the vessel's tonnage mark is submerged and when it is not submerged.

(2) Except as provided in paragraph (1) of this subsection, a certificate stating a vessel's tonnages may state only one set of gross and net tonnages as assigned under this section.

(Pub. L. 99–509, title V, §5101(3), Oct. 21, 1986, 100 Stat. 1924; Pub. L. 111–281, title III, §303(h), Oct. 15, 2010, 124 Stat. 2925.)

Historical and Revision Notes

Revised section 14513

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

Section 14513 gives discretionary authority to the Secretary to exclude certain spaces in measuring the regulatory tonnage of a vessel, and requires the Secretary to prescribe the design, location and dimensions of the tonnage mark to be placed on the vessel. Section 14513 further provides that if spaces are excluded by the Secretary, they shall be comparable to those the Secretary could have excluded in existing law (46 App. U.S.C. 83a). Section 14513(c) provides that if a vessel's tonnage mark is below the uppermost part of the load line mark, each certificate that states the vessel's tonnages must state the gross and net tonnages when the mark is submerged and when it is not submerged.

Editorial Notes

References in Text

Section 2 of the Act of September 29, 1965, referred to in subsec. (a), was classified to section 83a of the former Appendix to this title and was repealed by Pub. L. 99–509, title V, §5104(b), Oct. 21, 1986, 100 Stat. 1928.

Amendments

2010—Subsec. (c)(1). Pub. L. 111–281, §303(h)(1), substituted "vessel is assigned two sets of gross and net tonnages under this section," for "vessel's tonnage mark is below the uppermost part of the load line marks," and inserted "vessel's tonnage" before "mark is submerged".

Subsec. (c)(2). Pub. L. 111–281, §303(h)(2), substituted "as assigned under this section." for period at end.
46 U.S.C. § 11112 (2024) — Title 46: SHIPPING / Chapter 111 / Section 11112: Master's lien for wages
Master's lien for wages
Status: in_force

The master of a documented vessel has the same lien against the vessel for the master's wages and the same priority as any other seaman serving on the vessel.

(Added Pub. L. 99–307, §1(19)(B), May 19, 1986, 100 Stat. 446.)
46 U.S.C. § 6302 (2024) — Title 46: SHIPPING / Chapter 63 / Section 6302: Public investigations
Public investigations
Status: in_force

Each investigation conducted under this chapter and regulations prescribed under this chapter shall be open to the public, except when evidence affecting the national security is to be received.

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

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

6302 
..............................................

Section 6302 provides that each investigation conducted under this chapter shall be open to the public, except when evidence affecting the national security of the United States is to be received.
46 U.S.C. § 40704 (2024) — Title 46: SHIPPING / Chapter 407 / Section 40704: Commission review
Commission review
Status: in_force

(a) Request for Justification.—On request of the Federal Maritime Commission, a controlled carrier shall file with the Commission, within 20 days of the request, a statement of justification that sufficiently details the carrier's need and purpose for an existing or proposed rate, charge, classification, rule, or regulation and upon which the Commission may reasonably base a determination of its lawfulness.

(b) Determination.—Within 120 days after receipt of information requested under subsection (a), the Commission shall determine whether the rate, charge, classification, rule, or regulation may be unjust and unreasonable.

(c) Show Cause Order.—Whenever the Commission is of the opinion that a rate, charge, classification, rule, or regulation published or assessed by a controlled carrier may be unjust and unreasonable, the Commission shall issue an order to the controlled carrier to show cause why the rate, charge, classification, rule, or regulation should not be prohibited.

(d) Suspension Pending Determination.—

(1) Not yet effective.—Pending a determination of the lawfulness of a rate, charge, classification, rule, or regulation in a proceeding under subsection (c), the Commission may suspend the rate, charge, classification, rule, or regulation at any time before its effective date.

(2) Already effective.—If a rate, charge, classification, rule, or regulation has already become effective, the Commission, on issuance of an order to show cause, may suspend the rate, charge, classification, rule, or regulation on at least 30 days' notice to the controlled carrier.

(3) Maximum suspension.—A period of suspension under this subsection may not exceed 180 days.

(e) Replacement During Suspension.—Whenever the Commission has suspended a rate, charge, classification, rule, or regulation under this section, the controlled carrier may publish a new rate, charge, classification, rule, or regulation to take effect immediately during the suspension in lieu of the suspended rate, charge, classification, rule, or regulation. However, the Commission may reject the new rate, charge, classification, rule, or regulation if the Commission believes it is unjust and unreasonable.

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

Historical and Revision Notes

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

40704
46 App.:1708(c) (last sentence), (d).
Pub. L. 98–237, §9(c) (last sentence), (d), Mar. 20, 1984, 98 Stat. 76; Pub. L. 105–258, title I, §108(9)–(15), Oct. 14, 1998, 112 Stat. 1908.

In subsection (d)(1), the words "in a proceeding under subsection (c)" are substituted for "in such a proceeding" for clarity.
46 U.S.C. § 55312 (2024) — Title 46: SHIPPING / Chapter 553 / Subchapter II / Section 55312: Determining prevailing world market price
Determining prevailing world market price
Status: in_force

(a) Agricultural Commodities and Products.—The prevailing world market price for agricultural commodities or their products shall be determined under this subchapter under procedures prescribed by the Secretary of Agriculture. The Secretary shall prescribe the procedures by regulation, with notice and opportunity for public comment under section 553 of title 5.

(b) Services and Non-Agricultural Commodities and Products.—If a determination of the prevailing world market price of any other type of materials, goods, equipment, or service is required to determine whether a barter or exchange transaction is subject to section 55314(b)(6) or (7) of this title, the determination shall be made by the Secretary of Agriculture in consultation with the heads of other appropriate agencies.

(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)

55312
46 App.:1241f(e).
June 29, 1936, ch. 858, title IX, §901b(e), as added Pub. L. 99–198, title XI, §1142, Dec. 23, 1985, 99 Stat. 1492.
46 U.S.C. § 8101 (2024) — Title 46: SHIPPING / Chapter 81 / Section 8101: Complement of inspected vessels
Complement of inspected vessels
Status: in_force

(a) The certificate of inspection issued to a vessel under part B of this subtitle shall state the complement of licensed individuals and crew (including lifeboatmen) considered by the Secretary to be necessary for safe operation. A manning requirement imposed on—

(1) a sailing school vessel shall consider the participation of sailing school instructors and sailing school students in the operation of that vessel;

(2) a mobile offshore drilling unit shall consider the specialized nature of the unit; and

(3) a tank vessel shall consider the navigation, cargo handling, and maintenance functions of that vessel for protection of life, property, and the environment.

(b) The Secretary may modify the complement, by endorsement on the certificate, for reasons of changed conditions or employment.

(c) A requirement made under this section by an authorized official may be appealed to the Secretary under prescribed regulations.

(d) A vessel to which this section applies may not be operated without having in its service the complement required in the certificate of inspection.

(e) When a vessel is deprived of the service of a member of its complement without the consent, fault, or collusion of the owner, charterer, managing operator, agent, master, or individual in charge of the vessel, the master shall engage, if obtainable, a number of members equal to the number of those of whose services the master has been deprived. The replacements must be of the same or a higher grade or rating than those whose places they fill. If the master finds the vessel is sufficiently manned for the voyage, and replacements are not available to fill all the vacancies, the vessel may proceed on its voyage. Within 12 hours after the vessel arrives at its destination, the master shall report in writing to the Secretary the cause of each deficiency in the complement. A master failing to make the report is liable to the United States Government for a civil penalty of $1,000 for each deficiency.

(f) The owner, charterer, or managing operator of a vessel not manned as required by this section is liable to the Government for a civil penalty of $10,000.

(g) A person may not employ an individual as, and an individual may not serve as, a master, mate, engineer, radio officer, or pilot of a vessel to which this part applies or which is subject to inspection under chapter 33 of this title if the individual is not licensed by the Secretary. A person (including an individual) violating this subsection is liable to the Government for a civil penalty of not more than $10,000. Each day of a continuing violation is a separate offense.

(h) The owner, charterer, or managing operator of a freight vessel of less than 100 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title, a small passenger vessel, or a sailing school vessel not manned as required by this section is liable to the Government for a civil penalty of $1,000. The vessel also is liable in rem for the penalty.

(i) When the 2 next most senior licensed officers on a vessel reasonably believe that the master or individual in charge of the vessel is under the influence of alcohol or a dangerous drug and is incapable of commanding the vessel, the next most senior master, mate, or operator licensed under section 7101(c)(1) or (3) of this title shall—

(1) temporarily relieve the master or individual in charge;

(2) temporarily take command of the vessel;

(3) in the case of a vessel required to have a log under chapter 113 of this title, immediately enter the details of the incident in the log; and

(4) report those details to the Secretary—

(A) by the most expeditious means available; and

(B) in written form transmitted within 12 hours after the vessel arrives at its next port.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 547; Pub. L. 98–557, §29(b), Oct. 30, 1984, 98 Stat. 2873; Pub. L. 99–640, §11(b), Nov. 10, 1986, 100 Stat. 3550; Pub. L. 101–380, title IV, §§4104, 4114(c), 4302(e), Aug. 18, 1990, 104 Stat. 511, 517, 538; Pub. L. 104–324, title VII, §725, Oct. 19, 1996, 110 Stat. 3939.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

8101 
46:222
46:224

46:446d

Section 8101 provides for the required composition of the complement of licensed individuals and crew of an inspected vessel when being operated.

Subsection (a) requires that the certificate of inspection for a vessel state the manning necessary for safe navigation. Manning means the complement of licensed officers and crew (including lifeboatmen). Any manning requirements for sailing school vessels shall take into account the participation of sailing school instructors and sailing school students in the operation of those vessels.

Subsection (b) permits the Secretary to modify the manning requirements for reasons of changed conditions or employment.

Subsection (c) permits an appeal to the Secretary of any manning requirements made by an authorized official.

Subsection (d) prohibits the operation of a vessel without the manning required in the vessel's certificate of inspection.

When a vessel has a vacancy in the manning required by its certificate of inspection without the consent, fault, or collusion of anyone responsible for the management or operation of the vessel, subsection (e) requires that the master hire replacements, if possible, in the same or higher grade or rating. However, if the master finds the vessel sufficiently manned and replacements are not available, the vessel may proceed on its voyage. Within 12 hours of arrival at its destination, the master is required to file a written report with the Secretary stating the cause of each deficiency or be liable for a civil penalty. The report of deficiency should include both the reason for the vacancy in the first instance and the reason for the unavailability of a qualified replacement.

Subsections (f), (g) and (h) prescribe civil penalties for noncompliance with manning requirements. Subsection (g) also prohibits the employment or service of an individual in a licensed capacity who is not licensed by the Secretary.

Editorial Notes

Amendments

1996—Subsec. (h). 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".

1990—Subsec. (a)(3). Pub. L. 101–380, §4114(c), added par. (3).

Subsec. (e). Pub. L. 101–380, §4302(e)(1), substituted "$1,000" for "$50".

Subsec. (f). Pub. L. 101–380, §4302(e)(2), substituted "$10,000" for "$100, or, for a deficiency of a licensed individual, a penalty of $500".

Subsec. (g). Pub. L. 101–380, §4302(e)(3), substituted "$10,000" for "$500".

Subsec. (i). Pub. L. 101–380, §4104, added subsec. (i).

1986—Subsec. (a). Pub. L. 99–640 amended subsec. (a) generally, inserting cl. (1) designation before "a sailing school" and adding cl. (2).

1984—Subsec. (g). Pub. L. 98–557 substituted provisions relating to inspection under chapter 33 of this title, for provisions relating to applicability of part B of this subtitle.

Statutory Notes and Related Subsidiaries

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101–380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters.
46 U.S.C. § 10306 (2024) — Title 46: SHIPPING / Chapter 103 / Section 10306: Exhibiting merchant mariners' documents
Exhibiting merchant mariners' documents
Status: in_force

Before signing the agreement required by section 10302 of this title, each individual required by section 8701 of this title to have a merchant mariner's document shall exhibit to the master or individual in charge a document issued to the individual, appropriately endorsed for the capacity in which the individual is to serve.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 564; Pub. L. 103–206, title IV, §404, Dec. 20, 1993, 107 Stat. 2436.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

10306 
46:643(c)

Section 10306 requires a seaman to exhibit an appropriately endorsed merchant mariner's document to the shipping commissioner before signing a shipping agreement. When a master acts as a shipping commissioner, the same procedure applies.

Editorial Notes

Amendments

1993—Pub. L. 103–206 substituted "master or individual in charge" for "shipping commissioner".
46 U.S.C. § 7111 (2024) — Title 46: SHIPPING / Chapter 71 / Section 7111: Oral examinations for licenses
Oral examinations for licenses
Status: in_force

An individual may take an oral examination for a license to serve on a fishing, fish processing, or fish tender vessel not required to be inspected under part B of this subtitle.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 541; Pub. L. 98–364, title IV, §402(8)(B), July 17, 1984, 98 Stat. 447; Pub. L. 99–307, §1(10), May 19, 1986, 100 Stat. 445.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

7109 
46:224a(2)

Section 7111 provides for oral tests for licenses for individuals on fishing vessels that are not required to be inspected under part B.

Editorial Notes

Amendments

1986—Pub. L. 99–307 substituted "part" for "Part".

1984—Pub. L. 98–364 substituted in section catchline "Oral examinations for licenses" for "Licenses for fishing vessels not subject to inspection" and in text "An individual may take an oral examination for a license to serve on a fishing, fish processing, or fish tender vessel not required to be inspected under Part B of this subtitle" for "Examinations for licensing individuals on fishing vessels not required to be inspected under part B of this subtitle shall be oral".
46 U.S.C. § 10307 (2024) — Title 46: SHIPPING / Chapter 103 / Section 10307: Posting agreements
Posting agreements
Status: in_force

At the beginning of a voyage, the master shall have a legible copy of the agreement required by section 10302 of this title, omitting signatures, exhibited in a part of the vessel accessible to the crew.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 564; Pub. L. 103–206, title IV, §405, Dec. 20, 1993, 107 Stat. 2436.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

10307 
46:577

Section 10307 requires the master to post a copy of the shipping agreement in a part of the vessel accessible to the crew prior to the commencement of a voyage. The posting must be done in a manner that gives seamen adequate notice of the particulars of the pending voyage.

Editorial Notes

Amendments

1993—Pub. L. 103–206 struck out at end "A master violating this section is liable to the United States Government for a civil penalty of $100."
46 U.S.C. § 2303a (2024) — Title 46: SHIPPING / Chapter 23 / Section 2303a: Post serious marine casualty alcohol testing
Post serious marine casualty alcohol testing
Status: in_force

(a) The Secretary shall establish procedures to ensure that after a serious marine casualty occurs, alcohol testing of crew members or other individuals responsible for the operation or other safety-sensitive functions of the vessel or vessels involved in such casualty is conducted no later than 2 hours after the casualty occurs, unless such testing cannot be completed within that time due to safety concerns directly related to the casualty.

(b) The procedures in subsection (a) shall require that if alcohol testing cannot be completed within 2 hours of the occurrence of the casualty, such testing shall be conducted as soon thereafter as the safety concerns in subsection (a) have been adequately addressed to permit such testing, except that such testing may not be required more than 8 hours after the casualty occurs.

(Added Pub. L. 105–383, title III, §304(d)(1), Nov. 13, 1998, 112 Stat. 3419; amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8505(b)(1), Jan. 1, 2021, 134 Stat. 4751.)

Editorial Notes

Amendments

2021—Subsec. (a). Pub. L. 116–283 substituted "individuals" for "persons".
46 U.S.C. § 12138 (2024) — Title 46: SHIPPING / Chapter 121 / Subchapter III / Section 12138: List of documented vessels
List of documented vessels
Status: in_force

(a) In General.—The Secretary shall publish periodically a list of all documented vessels and information about those vessels that the Secretary considers pertinent or useful. The list shall contain a notation clearly indicating all vessels classed by the American Bureau of Shipping.

(b) Vessels for Cable Laying, Maintenance, and Repair.—

(1) In general.—The Secretary of Transportation shall develop, maintain, and periodically update an inventory of vessels that are documented under this chapter, are at least 200 feet in length, and have the capability to lay, maintain, or repair a submarine cable, without regard to whether a particular vessel is classed as a cable ship or cable vessel.

(2) Information to be included.—For each vessel listed in the inventory, the Secretary of Transportation shall include in the inventory—

(A) the name, length, beam, depth, and other distinguishing characteristics of the vessel;

(B) the abilities and limitations of the vessel with respect to laying, maintaining, and repairing a submarine cable; and

(C) the name and address of the person to whom inquiries regarding the vessel may be made.

(3) Publication.—The Secretary of Transportation shall publish in the Federal Register an updated inventory every 6 months.

(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)

12138(a)
46:12119.

12138(b)
46:12119 note.
Pub. L. 107–295, title IV, §403, Nov. 25, 2002, 116 Stat. 2114.

In subsection (b), the word "Secretary" is substituted for "Secretary of Transportation" for consistency in the chapter.
46 U.S.C. § 15101 (2024) — Title 46: SHIPPING / Chapter 151 / Section 15101: National Chemical Transportation Safety Advisory Committee
National Chemical Transportation Safety Advisory Committee
Status: in_force

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

(b) Function.—The Committee shall advise the Secretary on matters relating to the safe and secure marine transportation of hazardous materials.

(c) Membership.—

(1) In general.—The Committee shall consist of not more than 25 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.—Each member of the Committee shall represent 1 of the following:

(A) Chemical manufacturing entities.

(B) Entities related to marine handling or transportation of chemicals.

(C) Vessel design and construction entities.

(D) Marine safety or security entities.

(E) Marine environmental protection entities.

(4) Distribution.—The Secretary shall, based on the needs of the Coast Guard, determine the number of members of the Committee who represent each entity specified in paragraph (3). Neither this paragraph nor any other provision of law shall be construed to require an equal distribution of members representing each entity specified in paragraph (3).

(Added Pub. L. 115–282, title VI, §601(a), Dec. 4, 2018, 132 Stat. 4280.)
46 U.S.C. § 7306 (2024) — Title 46: SHIPPING / Chapter 73 / Section 7306: General requirements and classifications for able seamen
General requirements and classifications for able seamen
Status: in_force

(a) To qualify for an endorsement as able seaman authorized by this section, an applicant must provide satisfactory proof that the applicant—

(1) is at least 18 years of age;

(2) has the service required by the applicable section of this part;

(3) is qualified professionally as demonstrated by an applicable examination or educational requirements; and

(4) is qualified as to sight, hearing, and physical condition to perform the seaman's duties.

(b) The classifications authorized for endorsement as able seaman are the following:

(1) able seaman—unlimited.

(2) able seaman—limited.

(3) able seaman—special.

(4) able seaman—offshore supply vessels.

(5) able seaman—sail.

(6) able seaman—fishing industry.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 542; Pub. L. 98–364, title IV, §402(9)(C), July 17, 1984, 98 Stat. 448.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

7306 
46:672(b)

Section 7306(a) establishes the minimum requirements an individual must meet before being issued a merchant mariner's document endorsed for able seamen.

Subsection (b) establishes the classifications of able seamen—unlimited, able seamen—limited, able seamen—special, able seamen—offshore supply vessels, and able seamen—sail.

Editorial Notes

Amendments

1984—Subsec. (b)(6). Pub. L. 98–364 added par. (6).

Statutory Notes and Related Subsidiaries

Effective Date

Provisions of this section (related to able seaman—sail) 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.

Acceptance of Certain Services Toward Endorsement as Able Seaman

Pub. L. 101–595, title VI, §602(e)(3), Nov. 16, 1990, 104 Stat. 2992, provided that: "For the purposes of chapter 73 of title 46, United States Code, the Secretary of Transportation shall accept the service used by an individual to qualify for an endorsement as able seaman—fishing industry as qualifying service toward an endorsement as an able seaman—

"(A) under sections 7307 and 7309 of that title; or

"(B) if the service is on board a vessel of at least 100 gross tons, under section 7308 of that title."
46 U.S.C. § 57520 (2024) — Title 46: SHIPPING / Chapter 575 / Subchapter II / Section 57520: Vessel maintenance
Vessel maintenance
Status: in_force

(a) In General.—A charter under this chapter shall require the charterer, at the charterer's expense, to—

(1) keep the chartered vessel in good repair and efficient operating condition; and

(2) make any repairs required by the Secretary of Transportation.

(b) Inspection.—The charter shall provide that the Secretary has the right to inspect the vessel at any time to ascertain its condition.

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

Historical and Revision Notes

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

57520
46 App.:1202(b), (c).
June 29, 1936, ch. 858, title VII, §712(b), (c), 49 Stat. 2010; Aug. 7, 1939, ch. 555, §1, 53 Stat. 1254; Pub. L. 97–31, §12(114), Aug. 6, 1981, 95 Stat. 163.
46 U.S.C. § 3313 (2024) — Title 46: SHIPPING / Chapter 33 / Section 3313: Compliance with certificate of inspection
Compliance with certificate of inspection
Status: in_force

(a) During the term of a vessel's certificate of inspection, the vessel must be in compliance with its conditions, unless relieved by a suspension or an exemption granted under section 3306(e) of this title.

(b) When a vessel is not in compliance with its certificate or fails to meet a standard prescribed by this part or a regulation prescribed under this part—

(1) the owner, charterer, managing operator, agent, master, or individual in charge shall be ordered in writing to correct the noted deficiencies promptly;

(2) the Secretary may permit any repairs to be made at a place most convenient to the owner, charterer, or managing operator when the Secretary decides the repairs can be made with safety to those on board and the vessel;

(3) the vessel may be required to cease operating at once; and

(4) if necessary, the certificate shall be suspended or revoked.

(c) The vessel's certificate of inspection shall be revoked if a condition unsafe to life that is ordered to be corrected under this section is not corrected at once.

(d) The owner, charterer, managing operator, agent, master, or individual in charge of a vessel whose certificate has been suspended or revoked shall be given written notice immediately of the suspension or revocation. The owner or master may appeal to the Secretary the suspension or revocation within 30 days of receiving the notice, as provided by regulations prescribed by the Secretary.

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

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

3313 
46:390c
46:391a(8)

46:435

Section 3313 requires a vessel to be maintained in a condition so as to always be in compliance with the applicable laws and regulations. Here the master, owner, or other responsible party is required to maintain the vessel to inspection standards and to correct all deficiencies observed. When a vessel is not in compliance with its certificate the responsible parties shall be ordered in writing to correct the deficiencies promptly. The section provides flexibility as to when and where these deficiencies may be corrected consistent with the safety of the vessel and crew. The section provides authority to require the vessel to cease operating or, if necessary, to suspend or revoke its certificate of inspection when found not to be in compliance with its certificate or regulations. The owner or master, or other responsible party must be given written notice and may appeal this action within 30 days of receiving the notice.

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. § 56101 (2024) — Title 46: SHIPPING / Chapter 561 / Section 56101: Approval required to transfer vessel to noncitizen
Approval required to transfer vessel to noncitizen
Status: in_force

(a) Restrictions.—

(1) In General.—Except as otherwise provided in this section, section 12119 of this title, or section 611 of the Merchant Marine Act, 1936, a person may not, without the approval of the Secretary of Transportation—

(A) sell, lease, charter, deliver, or in any other manner transfer, or agree to sell, lease, charter, deliver, or in any other manner transfer, to a person not a citizen of the United States, an interest in or control of—

(i) a documented vessel owned by a citizen of the United States; or

(ii) a vessel last documented under the laws of the United States; or

(B) place under foreign registry, or operate under the authority of a foreign country, a documented vessel or a vessel last documented under the laws of the United States.

(2) Exceptions.—Paragraph (1)(A) does not apply to a vessel that has been operated only for pleasure or only as a fishing vessel, fish processing vessel, or fish tender vessel (as defined in section 2101 of this title).

(b) Approval Before Documentation.—To promote financing with respect to a vessel to be documented under chapter 121 of this title, the Secretary may grant approval under subsection (a) before the vessel is documented.

(c) Exceptions.—Notwithstanding any other provision of this subtitle, the Merchant Marine Act, 1936, or any contract with the Secretary made under this subtitle or that Act, a person may place a vessel under foreign registry without the approval of the Secretary if—

(1)(A) the Secretary, in conjunction with the Secretary of Defense, determines that at least one replacement vessel of equal or greater military capability and of a capacity that is equivalent or greater, as measured by deadweight tons, gross tons, or container equivalent units, as appropriate, is documented under chapter 121 of this title by the owner of the vessel placed under foreign registry; and

(B) the replacement vessel is not more than 10 years old on the date of that documentation; or

(2) an operating agreement covering the vessel under chapter 531 of this title has expired.

(d) Status of Prohibited Transaction.—A charter, sale, or transfer of a vessel, or of an interest in or control of a vessel, in violation of this section is void.

(e) Penalties.—

(1) Criminal penalty.—A person that knowingly sells, charters, or transfers a vessel, or an interest in or control of a vessel, in violation of this section shall be fined under title 18, imprisoned for not more than 5 years, or both.

(2) Civil penalty.—A person that sells, charters, or transfers a vessel, or an interest in or control of a vessel, in violation of this section is liable to the United States Government for a civil penalty of not more than $10,000 for each violation.

(3) Forfeiture.—A documented vessel may be seized by and forfeited to the Government if, in violation of this section, a person—

(A) knowingly sells, charters, or transfers the vessel or an interest in or control of the vessel; or

(B) places the vessel under foreign registry or operates the vessel under the authority of a foreign country.

(f) Foreign Vessel Charters for Passenger Vessels.—The Maritime Administrator shall make publicly available on an appropriate website of the Maritime Administration—

(1) a detailed summary of each request for a determination, approval, or confirmation that a vessel charter for a passenger vessel is encompassed by the general approval of time charters issued pursuant to this section or regulations prescribed pursuant to such section; and

(2) the final action of the Administration with respect to such request, after the provision of notice and opportunity for public comment.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1651; Pub. L. 118–31, div. C, title XXXV, §3514(b)(2), (3), Dec. 22, 2023, 137 Stat. 810.)

Historical and Revision Notes

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

56101(a)
46 App.:808(c).
Sept. 7, 1916, ch. 451, §9(c), (d), 39 Stat. 730; July 15, 1918, ch. 152, §3, 40 Stat. 900; June 5, 1920, ch. 250, §18, 41 Stat. 994; Exec. Order No. 6166, §12, eff. June 10, 1933; June 29, 1936, ch. 858, title II, §204, title IX, §904, 49 Stat. 1987, 2016; June 23, 1938, ch. 600, §42, 52 Stat. 964; Pub. L. 89–346, §1, Nov. 8, 1965, 79 Stat. 1305; Pub. L. 97–31, §12(26), Aug. 6, 1981, 95 Stat. 155; Pub. L. 100–710, title I, §104(b)(3), Nov. 23, 1988, 102 Stat. 4750; Pub. L. 101–225, title III, §304(a), Dec. 12, 1989, 103 Stat. 1924; Pub. L. 104–324, title XI, [§]1113(c), (e), Oct. 19, 1996, 110 Stat. 3970, 3971; Pub. L. 107–295, title II, §205(d), Nov. 25, 2002, 116 Stat. 2096.

 
46 App.:808a.
Pub. L. 98–454, title III, §302, Oct. 5, 1984, 98 Stat. 1734.

56101(b)
46 App.:808(f)
Sept. 7, 1916, ch. 451, §9(f), as added Pub. L. 104–324, title XI, §1136(b), Oct. 19, 1996, 110 Stat. 3987; Pub. L. 108–136, title XXXV, §3532(a)(1), Nov. 24, 2003, 117 Stat. 1817.

56101(c)
46 App.:808(e)
Sept. 7, 1916, ch. 451, §9(e), as added Pub. L. 104–239, §6, Oct. 8, 1996, 110 Stat. 3132; Pub. L. 108–136, title XXXV, §3532(a)(2), Nov. 24, 2003, 117 Stat. 1817.

56101(d)
46 App.:808(d)(1).

56101(e)
46 App.:808(d)(2)–(4).

In subsection (a), the text of 46 App. U.S.C. 808a is omitted as unnecessary. In paragraph (1), the words "owned by a citizen of the United States" are omitted as unnecessary because ownership by a citizen is a requirement for documentation. See section 12103 as revised by the bill.

In subsection (c), before paragraph (1), the words "Notwithstanding any other provision of this subtitle, the Merchant Marine Act, 1936, or any contract with the Secretary made under this subtitle or that Act" are substituted for "Notwithstanding subsection (c)(2) of this section, the Merchant Marine Act, 1936 [46 App. U.S.C. 1101 et seq.], or any contract entered into with the Secretary of Transportation under that Act" because the Merchant Marine Act, 1936, is restated principally in this subtitle, but other provisions of that Act are being neither restated nor repealed.

Editorial Notes

References in Text

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

Codification

The text of section 3502(b) of Pub. L. 116–283, which was formerly set out as a note under this section and was transferred to subsec. (f) of this section by Pub. L. 118–31, was based on Pub. L. 116–283, div. C, title XXXV, §3502(b), Jan. 1, 2021, 134 Stat. 4398; Pub. L. 118–31, div. C, title XXXV, §3514(b)(1), Dec. 22, 2023, 137 Stat. 810.

Amendments

2023—Subsec. (f). Pub. L. 118–31 transferred section 3502(b) of Pub. L. 116–283 to this section and redesignated it as subsec. (f). See Codification note above.

Statutory Notes and Related Subsidiaries

Foreign Vessel Charters for Passenger Vessels

Pub. L. 116–283, div. C, title XXXV, §3502(b), Jan. 1, 2021, 134 Stat. 4398, as amended by Pub. L. 118–31, div. C, title XXXV, §3514(b)(1), Dec. 22, 2023, 137 Stat. 810, which directed the Maritime Administrator to make publicly available certain requests relating to vessel charters for passenger vessels, was transferred to subsec. (f) of this section by Pub. L. 118–31, div. C, title XXXV, §3514(b)(2), (3), Dec. 22, 2023, 137 Stat. 810.
46 U.S.C. § 10319 (2024) — Title 46: SHIPPING / Chapter 103 / Section 10319: Costs of a criminal conviction
Costs of a criminal conviction
Status: in_force

In a proceeding about a seaman's wages, if it is shown that the seaman was convicted during the voyage of an offense by a competent tribunal and sentenced by the tribunal, the court hearing the case may direct that a part of the wages due the seaman, but not more than $15, be applied to reimburse the master for costs properly incurred in procuring the conviction and sentence.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 569.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

10319 
46:707

Section 10319 provides that if a seaman was convicted during a voyage by a tribunal, that the court may direct that up to $15 of the seaman's wages be used to reimburse the master for the costs incurred.
46 U.S.C. § 40702 (2024) — Title 46: SHIPPING / Chapter 407 / Section 40702: Rate standards
Rate standards
Status: in_force

(a) Definition.—In this section, the term "constructive costs" means the costs of another carrier, other than a controlled carrier, operating similar vessels and equipment in the same or a similar trade.

(b) Standards.—In determining whether a rate, charge, classification, rule, or regulation of a controlled carrier is just and reasonable, the Federal Maritime Commission—

(1) shall take into account whether the rate or charge that has been published or assessed, or that would result from the pertinent classification, rule, or regulation, is below a level that is fully compensatory to the controlled carrier based on the carrier's actual costs or constructive costs; and

(2) may take into account other appropriate factors, including whether the rate, charge, classification, rule, or regulation is—

(A) the same as, or similar to, those published or assessed by other carriers in the same trade;

(B) required to ensure movement of particular cargo in the same trade; or

(C) required to maintain acceptable continuity, level, or quality of common carrier service to or from affected ports.

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

Historical and Revision Notes

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

40702
46 App.:1708(b).
Pub. L. 98–237, §9(b), Mar. 20, 1984, 98 Stat. 76; Pub. L. 105–258, title I, §108(5)–(7), Oct. 14, 1998, 112 Stat. 1908.
46 U.S.C. § 102 (2024) — Title 46: SHIPPING / Chapter 1 / Section 102: Barge
Barge
Status: in_force

In this title, the term "barge" means a non-self-propelled vessel.

(Pub. L. 109–304, §4, Oct. 6, 2006, 120 Stat. 1486.)

Historical and Revision Notes

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

102
46:2101(2).
46 U.S.C. § 57522 (2024) — Title 46: SHIPPING / Chapter 575 / Subchapter II / Section 57522: Books and records, balance sheets, and inspection and auditing
Books and records, balance sheets, and inspection and auditing
Status: in_force

Every contract executed by the Secretary of Transportation under this chapter shall contain provisions requiring (1) that, the contractor and every affiliate, domestic agent, subsidiary, or holding company connected with, or directly or indirectly controlling or controlled by, the contractor, to keep its books, records, and accounts, relating to the maintenance, operation, and servicing of the vessels, services, routes, and lines covered by the contract, in such form and under such regulations as may be prescribed by the Secretary of Transportation; (2) that the contractor and every affiliate, domestic agent, subsidiary, or holding company connected with, or directly or indirectly controlling or controlled by, the contractor, to file, upon notice from the Secretary of Transportation, balance sheets, profit and loss statements, and such other statements of financial operations, special report, memoranda of any facts and transactions, which in the opinion of the Secretary of Transportation affect the financial results in, the performance of, or transactions or operations under, such contract; (3) that the Secretary of Transportation shall be authorized to examine and audit the books, records, and accounts of all persons referred to in this section whenever he may deem it necessary or desirable; and (4) that upon the willful failure or refusal of any person described in this section to comply with the contract provisions required by this section, the Secretary of Transportation shall have the right to rescind the contract, and upon such rescission, the United States shall be relieved of all further liability on such contract.

(Added and amended Pub. L. 114–120, title III, §313(c)(1), Feb. 8, 2016, 130 Stat. 58.)

Editorial Notes

Codification

Section consists of text of act June 29, 1936, ch. 858, title VIII, §801, 49 Stat. 2011, as amended by Pub. L. 97–31, §12(119), Aug. 6, 1981, 95 Stat. 164. Section 801 of act June 29, 1936, ch. 858, which was formerly set out as a note under section 53101 of this title, was transferred to this section by Pub. L. 114–120, title III, §313(c)(1)(A), Feb. 8, 2016, 130 Stat. 58.

Amendments

2016—Pub. L. 114–120, §313(c)(1)(B)(i), inserted "Books and records, balance sheets, and inspection and auditing" in section catchline.

Pub. L. 114–120, §313(c)(1)(B)(ii), which directed substitution of "this chapter" for "the provision of title VI or VII of this Act", was executed by making the substitution for "the provisions of title VI or VII of this Act" to reflect the probable intent of Congress.

Pub. L. 114–120, §313(c)(1)(B)(iii), struck out ": Provided, That the provisions of this paragraph shall not require the duplication of books, records, and accounts required to be kept in some other form by the Interstate Commerce Commission" after "prescribed by the Secretary of Transportation".
46 U.S.C. § 51102 (2024) — Title 46: SHIPPING / Chapter 511 / Section 51102: Definitions
Definitions
Status: in_force

In this part:

(1) Academy.—The term "Academy" means the United States Merchant Marine Academy located at Kings Point, New York, and maintained under chapter 513 of this title.

(2) Cost of education provided.—The term "cost of education provided" means the financial costs incurred by the United States Government for providing training or financial assistance to students at the Academy and the State maritime academies, including direct financial assistance, room, board, classroom academics, and other training activities.

(3) Merchant marine officer.—The term "merchant marine officer" means an individual issued a license by the Coast Guard authorizing service as—

(A) a master, mate, or pilot on a documented vessel that—

(i) is of at least 1,000 gross tons as measured under section 14502 of this title or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title; and

(ii) operates on the oceans or the Great Lakes; or

(B) an engineer officer on a documented vessel propelled by machinery of at least 4,000 horsepower.

(4) State maritime academy.—The term "State maritime academy" means—

(A) a State maritime academy or college sponsored by a State and assisted under chapter 515 of this title; and

(B) a regional maritime academy or college sponsored by a group of States and assisted under chapter 515 of this title.

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

Historical and Revision Notes

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

51102
46 App.:1295a.
June 29, 1936, ch. 858, title XIII, §1302, as added Pub. L. 96–453, §2, Oct. 15, 1980, 94 Stat. 1997; Pub. L. 97–31, §12(143), Aug. 6, 1981, 95 Stat. 166; Pub. L. 104–324, title VII, §708, Oct. 19, 1996, 110 Stat. 3934; Pub. L. 108–136, title XXXV, §3515(a), Nov. 24, 2003, 117 Stat. 1792.

The definition of "Secretary" is omitted as unnecessary because the full title is used the first time the term appears in each section.

In the definition of "merchant marine office", the words "documented vessel" are substituted for "vessel . . . which is documented under the laws of the United States" because of the definition of "documented vessel" in 46 U.S.C. 2101, which is being moved to chapter 1 of the revised title.

In the definition of "State maritime academy", the words "or territory of the United States" and "or territories of the United States" are omitted as unnecessary because of the definition of "State" in chapter 1 of the revised title.
46 U.S.C. § 6304 (2024) — Title 46: SHIPPING / Chapter 63 / Section 6304: Subpoena authority
Subpoena authority
Status: in_force

(a) In an investigation under this chapter, the attendance and testimony of witnesses, including parties in interest, and the production of any evidence may be compelled by subpoena. The subpoena authority granted by this section is coextensive with that of a district court of the United States, in civil matters, for the district in which the investigation is conducted.

(b) When a person fails to obey a subpoena issued under this section, the district court of the United States for the district in which the investigation is conducted or in which the person failing to obey is found, shall on proper application issue an order directing that person to comply with the subpoena. The court may punish as contempt any disobedience of its order.

(c) A witness complying with a subpoena issued under this section may be paid for actual travel and attendance at the rate provided for witnesses in the district courts of the United States.

(d) An official designated to conduct an investigation under this part may issue subpoenas as provided in this section and administer oaths to witnesses.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 538; Pub. L. 117–263, div. K, title CXVIII, §11807(a), Dec. 23, 2022, 136 Stat. 4165.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

6304 
46:239(e)
46:239(f)

Section 6304 provides an officer investigating a marine casualty with the necessary subpena authority to require the attendance and testimony of witnesses and the production of evidence. It also authorizes a district court of the United States to direct compliance with a subpena.

Editorial Notes

Amendments

2022—Pub. L. 117–263 substituted "subpoena" for "subpena" wherever appearing in text, "subpoenas" for "subpenas" in subsec. (d), and, to reflect the probable intent of Congress, "Subpoena" for "Subpena" in section catchline.
46 U.S.C. § 51902 (2024) — Title 46: SHIPPING / Chapter 519 / Section 51902: Gallant Ship Award
Gallant Ship Award
Status: in_force

(a) Awards to Vessels.—The Secretary of Transportation may award a Gallant Ship Award and a citation to a vessel (including a foreign vessel) participating in outstanding or gallant action in a marine disaster or other emergency to save life or property at sea. The Secretary may award a plaque to the vessel, and a replica of the plaque may be preserved as a permanent historical record.

(b) Awards to Crews.—The Secretary of Transportation may award an appropriate citation ribbon bar to the master and each individual serving, at the time of the action, on a vessel issued an award under subsection (a).

(c) Consultation.—The Secretary of Transportation shall consult with the Secretary of State before awarding an award or citation to a foreign vessel or its crew under this section.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1584.)

Historical and Revision Notes

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

51902
46 App.:2003.
Pub. L. 100–324, §4, May 30, 1988, 102 Stat. 576.

In subsection (a), the words "a vessel (including a foreign vessel)" are substituted for "a United States vessel or to a foreign-flag vessel" to eliminate unnecessary words.
46 U.S.C. § 70508 (2024) — Title 46: SHIPPING / Chapter 705 / Section 70508: Operation of submersible vessel or semi-submersible vessel without nationality
Operation of submersible vessel or semi-submersible vessel without nationality
Status: in_force

(a) In General.—An individual may not operate by any means or embark in any submersible vessel or semi-submersible vessel that is without nationality and that is navigating or has navigated into, through, or from waters beyond the outer limit of the territorial sea of a single country or a lateral limit of that country's territorial sea with an adjacent country, with the intent to evade detection.

(b) Evidence of Intent To Evade Detection.—In any civil enforcement proceeding for a violation of subsection (a), the presence of any of the indicia described in paragraph (1)(A), (E), (F), or (G), or in paragraph (4), (5), or (6), of section 70507(b) may be considered, in the totality of the circumstances, to be prima facie evidence of intent to evade detection.

(c) Defenses.—

(1) In general.—It is a defense in any civil enforcement proceeding for a violation of subsection (a) that the submersible vessel or semi-submersible vessel involved was, at the time of the violation—

(A) a vessel of the United States or lawfully registered in a foreign nation as claimed by the master or individual in charge of the vessel when requested to make a claim by an officer of the United States authorized to enforce applicable provisions of United States law;

(B) classed by and designed in accordance with the rules of a classification society;

(C) lawfully operated in government-regulated or licensed activity, including commerce, research, or exploration; or

(D) equipped with and using an operable automatic identification system, vessel monitoring system, or long range identification and tracking system.

(2) Production of documents.—The defenses provided by this subsection are proved conclusively by the production of—

(A) government documents evidencing the vessel's nationality at the time of the offense, as provided in article 5 of the 1958 Convention on the High Seas;

(B) a certificate of classification issued by the vessel's classification society upon completion of relevant classification surveys and valid at the time of the offense; or

(C) government documents evidencing licensure, regulation, or registration for research or exploration.

(d) Civil Penalty.—A person violating this section shall be liable to the United States for a civil penalty of not more than $1,000,000.

(Added Pub. L. 110–407, title II, §202(a), Oct. 13, 2008, 122 Stat. 4299.)
46 U.S.C. § 51703 (2024) — Title 46: SHIPPING / Chapter 517 / Section 51703: Additional training
Additional training
Status: in_force

(a) General Authority.—The Secretary of Transportation may provide additional training on maritime subjects to supplement other training opportunities and make the training available to the personnel of the merchant marine of the United States and individuals preparing for a career in the merchant marine of the United States.

(b) Equipment, Supplies, and Contracts.—The Secretary may—

(1) prepare or buy equipment or supplies required for the additional training; and

(2) without regard to section 6101(b) to (d) of title 41, make contracts for services the Secretary considers necessary to prepare the equipment and supplies and to supervise and administer the additional training.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1583; Pub. L. 111–350, §5(n), Jan. 4, 2011, 124 Stat. 3853.)

Historical and Revision Notes

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

51703
46 App.:1295d(a), (b).
June 29, 1936, ch. 858, title XIII, §1305(a), (b), as added Pub. L. 96–453, §2, Oct. 15, 1980, 94 Stat. 2006.

In subsection (a), before paragraph (1), the words "as the Secretary deems necessary" are omitted as unnecessary.

In subsection (b), the words "with any person, partnership, firm, association, or corporation" and "the performance of" are omitted as unnecessary.

Editorial Notes

Amendments

2011—Subsec. (b)(2). Pub. L. 111–350 substituted "section 6101(b) to (d) of title 41" for "section 3709 of the Revised Statutes (41 U.S.C. 5)".
46 U.S.C. § 30502 (2024) — Title 46: SHIPPING / Chapter 305 / Subchapter I / Section 30502: Application
Application
Status: in_force

(a) In General.—Except as otherwise provided, this chapter (except section 30521) applies to seagoing vessels and vessels used on lakes or rivers or in inland navigation, including canal boats, barges, and lighters.

(b) Exception.—This chapter (except for section 30526) shall not apply to covered small passenger vessels.

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

Historical and Revision Notes

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

30502
46 App.:188.
R.S. §4289; Feb. 18, 1875, ch. 80, §1 (related to R.S. §4289), 18 Stat. 320; June 19, 1886, ch. 421, §4, 24 Stat. 80; June 5, 1936, ch. 521, §4, 49 Stat. 1481.

Editorial Notes

Amendments

2022—Pub. L. 117–263 amended section generally. Prior to amendment, text read as follows: "Except as otherwise provided, this chapter (except section 30503) applies to seagoing vessels and vessels used on lakes or rivers or in inland navigation, including canal boats, barges, and lighters."
46 U.S.C. § 53306 (2024) — Title 46: SHIPPING / Chapter 533 / Section 53306: Recognition of gain for tax purposes
Recognition of gain for tax purposes
Status: in_force

(a) Definitions.—In this section, the terms "net proceeds" and "net indemnity" mean the sum of—

(1) the adjusted basis of the vessel; and

(2) the amount of gain the taxpayer would recognize without regard to this section.

(b) Recognition of Gain.—In computing net income under the income or excess profits tax laws of the United States, a taxpayer does not recognize a gain on the sale or the actual or constructive total loss of a vessel if the taxpayer—

(1) deposits an amount equal to the net proceeds of the sale or the net indemnity for the loss in a construction reserve fund within 60 days after receiving the payment of proceeds or indemnity; and

(2) elects under this section not to recognize the gain.

(c) When Election Must Be Made.—

(1) In general.—Except as provided in paragraph (2), the taxpayer must make the election referred to in subsection (b) in the taxpayer's income tax return for the taxable year in which the gain was realized.

(2) Receipt after taxable year.—If the vessel is bought or requisitioned by the United States Government, or is lost, and the taxpayer receives payment for the vessel or indemnity for the loss from the Government after the end of the taxable year in which it was bought, requisitioned, or lost, the taxpayer must make the election referred to in subsection (b) within 60 days after receiving the payment or indemnity, on a form prescribed by the Secretary of the Treasury.

(d) Effect of Statute of Limitation.—If the taxpayer makes an election under subsection (c)(2), and computation or recomputation under this section is otherwise allowable but is prevented by a statute of limitation on the date the election is made or within 6 months thereafter, the computation or recomputation nevertheless shall be made notwithstanding the statute if the taxpayer files a claim for the computation or recomputation within 6 months after the date of making the election.

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

Historical and Revision Notes

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

53306
46 App.:1161(c).
June 29, 1936, ch. 858, title V, §511(c), as added Oct. 10, 1940, ch. 849, 54 Stat. 1106; June 17, 1943, ch. 130, subdiv. (b), 57 Stat. 157; Dec. 23, 1944, ch. 714, §1, 58 Stat. 920; July 17, 1952, ch. 939, §10, 66 Stat. 762.

In subsection (c)(2), the words "in any taxable year beginning after December 31, 1939" are omitted as obsolete. The words "prescribed by the Secretary of the Treasury" are substituted for "prescribed by the Commissioner of Internal Revenue with the approval of the Secretary of the Treasury" for consistency in the revised title and with other titles of the United States Code. See 26 U.S.C. 7805.
46 U.S.C. § 55335 (2024) — Title 46: SHIPPING / Chapter 553 / Subchapter III / Section 55335: Revocations and terminations of designations
Revocations and terminations of designations
Status: in_force

(a) Revocations.—After notice and an opportunity for a hearing, the Secretary of Transportation may revoke a designation of a vessel as an American Great Lakes vessel if the Secretary finds that—

(1) the vessel does not meet a requirement for the designation;

(2) the vessel has been operated in violation of this subchapter; or

(3) the owner or operator of the vessel has violated an agreement made under section 55332(b) of this title.

(b) Terminations.—On petition and a showing of good cause by the owner of a vessel, the Secretary may terminate the designation of a vessel as an American Great Lakes vessel. The Secretary may impose conditions in a termination order to prevent significant adverse effects on other operators of vessels of the United States.

(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)

55335
46 App.:1241t(a), (c).
Pub. L. 101–624, title XV, §1524(a), (c), Nov. 28, 1990, 104 Stat. 3667.

In subsection (a)(3), the words "construction and purchase" before "agreement" are omitted because the source provision for section 55332(b) of the revised title does not say anything about construction.

In subsection (b), the words "vessels of the United States" are substituted for "United States-flag vessel" for consistency in the revised title.
46 U.S.C. § 56308 (2024) — Title 46: SHIPPING / Chapter 563 / Section 56308: Transfer of substitute vessels
Transfer of substitute vessels
Status: in_force

In the case of any vessel constructed in the United States after January 1, 1937, which has been taken by the United States for use in any manner, the Secretary of Transportation, if in his opinion the transfer would aid in carrying out the policies of this Act,1 is authorized to transfer to the owner of such vessel another vessel which is deemed by the Secretary to be of comparable type with adjustments for depreciation and difference in design or speed, and to the extent applicable, such other adjustments and terms and conditions, including transfer of mortgage obligations in favor of the United States binding upon the old vessel, as the Secretary may prescribe.

(Added and amended Pub. L. 115–91, div. C, title XXXV, §3502(a)(2), (b)(5), Dec. 12, 2017, 131 Stat. 1910.)

Editorial Notes

References in Text

This Act, referred to in text, means act Mar. 8, 1946, ch. 82, 60 Stat. 41, known as the Merchant Ship Sales Act of 1946, which was classified principally to chapter 54 (§4401 et seq.) of Title 50, War and National Defense. The Act has been repealed, except for sections 8(d) and 11, which were transferred to this section and section 57100 of this title, respectively, by Pub. L. 115–91. Provisions relating to the policies of the Act were contained in section 4401 of Title 50 prior to repeal by Pub. L. 115–91.

Codification

Section, as added and amended by Pub. L. 115–91, is based on act Mar. 8, 1946, ch. 82, §8(d), 60 Stat. 46, as amended by Pub. L. 97–31, §12(154), Aug. 6, 1981, 95 Stat. 167, which was formerly classified to section 4404(d) of Title 50, War and National Defense, before being transferred to this chapter and renumbered as this section.

Amendments

2017—Pub. L. 115–91, §3502(b)(5)(C), which directed striking out "adjustments with respect to the retained vessels as provided for in section 9, and", was executed by striking out "adjustments with respect to the retained vessel as provided for in section 9, and" after "extent applicable," to reflect the probable intent of Congress.

Pub. L. 115–91, §3502(b)(5)(B), which directed insertion of "of Transportation" after "Secretary", was executed by making the insertion after "Secretary" the first time appearing to reflect the probable intent of Congress.

Pub. L. 115–91, §3502(b)(5)(A), inserted section enumerator and catchline.

Pub. L. 115–91, §3502(a)(2), transferred section 8(d) of act Mar. 8, 1946, to this chapter and renumbered it as this section. See Codification note above.

1 See References in Text note below.
46 U.S.C. § 60501 (2024) — Title 46: SHIPPING / Chapter 605 / Section 60501: Vessels allowed to import
Vessels allowed to import
Status: in_force

(a) In General.—Except as otherwise provided by treaty, goods may be imported into the United States from a foreign port or place only in—

(1) a vessel of the United States; or

(2) a foreign vessel owned only by citizens or subjects of the country—

(A) in which the goods are grown, produced, or manufactured; or

(B) from which the goods can only be, or most usually are, first shipped for transportation.

(b) Exception for Vessels of Countries Not Maintaining Similar Restrictions.—Subsection (a) does not apply to a vessel of a foreign country that does not maintain a similar restriction against United States documented vessels.

(c) Exception for Vessels Becoming Documented.—Subsection (a) does not apply to a vessel that—

(1) is owned only by citizens of the United States; and

(2) after entering a port of the United States, becomes documented as a vessel of the United States before leaving that port.

(d) Seizure and Forfeiture.—If goods are imported in violation of this section, the goods and the vessel in which they are imported, along with its equipment and other cargo, may be seized by and forfeited to the United States Government.

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

Historical and Revision Notes

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

60501(a)
19:130 (1st sentence).
Oct. 3, 1913, ch. 16, §IV(J)(2), (3), 38 Stat. 196; Mar. 15, 1915, ch. 171, §1, 38 Stat. 1193; Pub. L. 103–182, title VI, §689(a)(2), Dec. 8, 1993, 107 Stat. 2222.

60501(b)
19:131 (words before "nor").

60501(c)
19:131 (words beginning with "nor").

60501(d)
19:130 (last sentence related to 19:130).

In this section, the word "goods" is substituted for "goods, wares, or merchandise" to eliminate unnecessary words.

In subsection (a)(2), before subparagraph (A), the words "owned only by" are substituted for "truly and wholly belong to" for consistency in the revised title.

In subsection (b), the words "or goods, wares, or merchandise imported in vessels" are omitted as unnecessary because of the wording of subsection (a) of the revised section. The word "restriction" is substituted for "regulation" as being more appropriate.

Subsection (d) is substituted for "All goods, wares, or merchandise imported contrary to this section or section 128 of this title, and the vessel wherein the same shall be imported, together with her cargo, tackle, apparel, and furniture, shall be forfeited to the United States; and such goods, wares, or merchandise, ship, or vessel, and cargo shall be liable to be seized, prosecuted, and condemned in like manner, and under the same regulations, restrictions, and provisions as have been heretofore established for the recovery, collection, distribution, and remission of forfeitures to the United States by the several revenue laws" to eliminate unnecessary words.
46 U.S.C. § 11303 (2024) — Title 46: SHIPPING / Chapter 113 / Section 11303: Penalties
Penalties
Status: in_force

(a) A master failing to maintain an official logbook as required by this part is liable to the United States Government for a civil penalty of $200.

(b) A master failing to make an entry in the vessel's official logbook as required by this part is liable to the Government for a civil penalty of $200.

(c) A person is liable to the Government for a civil penalty of $150 when the person makes, procures to be made, or assists in making, an entry in the vessel's official logbook—

(1) later than 24 hours after the vessel's arrival at the final port of discharge; and

(2) that is about an occurrence that happened before that arrival.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 582.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

11303 
46:203

Section 11303 provides a penalty for violation of the provisions about logbooks in this part.
46 U.S.C. § 15108 (2024) — Title 46: SHIPPING / Chapter 151 / Section 15108: National Towing Safety Advisory Committee
National Towing Safety Advisory Committee
Status: in_force

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

(b) Function.—The Committee shall advise the Secretary on matters relating to shallow-draft inland navigation, coastal waterway navigation, and towing safety.

(c) Membership.—

(1) In general.—The Committee shall consist of 18 members appointed by the Secretary in accordance with this section and section 15109 of this chapter.

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

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

(A) 7 members shall represent the barge and towing industry, reflecting a regional geographic balance.

(B) 1 member shall represent the offshore mineral and oil supply vessel industry.

(C) 1 member shall represent masters and pilots of towing vessels who hold active licenses and have experience on the Western Rivers and the Gulf Intracoastal Waterway.

(D) 1 member shall represent masters of towing vessels in offshore service who hold active licenses.

(E) 1 member shall represent masters of active ship-docking or harbor towing vessels.

(F) 1 member shall represent licensed and unlicensed towing vessel engineers with formal training and experience.

(G) 2 members shall represent port districts, authorities, or terminal operators.

(H) 2 members shall represent shippers and, of the 2, 1 shall be engaged in the shipment of oil or hazardous materials by barge.

(I) 2 members shall represent the general public.

(Added Pub. L. 115–282, title VI, §601(a), Dec. 4, 2018, 132 Stat. 4285.)
46 U.S.C. § 40101 (2024) — Title 46: SHIPPING / Chapter 401 / Section 40101: Purposes
Purposes
Status: in_force

The purposes of this part are to—

(1) establish a nondiscriminatory regulatory process for the common carriage of goods by water in the foreign commerce of the United States with a minimum of government intervention and regulatory costs;

(2) ensure an efficient, competitive, and economical transportation system in the ocean commerce of the United States;

(3) encourage the development of an economically sound and efficient liner fleet of vessels of the United States capable of meeting national security needs and supporting commerce; and

(4) promote the growth and development of United States exports through a competitive and efficient system for the carriage of goods by water in the foreign commerce of the United States, and by placing a greater reliance on the marketplace.

(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1523; Pub. L. 117–146, §2, June 16, 2022, 136 Stat. 1272.)

Historical and Revision Notes

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

40101
46 App.:1701.
Pub. L. 98–237, §2, Mar. 20, 1984, 98 Stat. 67; Pub. L. 105–258, title I, §101, Oct. 14, 1998, 112 Stat. 1902.

Editorial Notes

Amendments

2022—Par. (2). Pub. L. 117–146, §2(1), added par. (2) and struck out former par. (2) which read as follows: "provide an efficient and economic transportation system in the ocean commerce of the United States that is, insofar as possible, in harmony with, and responsive to, international shipping practices;".

Par. (3). Pub. L. 117–146, §2(2), inserted "and supporting commerce" after "needs".

Par. (4). Pub. L. 117–146, §2(3), added par. (4) and struck out former par. (4) which read as follows: "promote the growth and development of United States exports through competitive and efficient ocean transportation and by placing a greater reliance on the marketplace."

Statutory Notes and Related Subsidiaries

Effects on Certain Agreements and Contracts

Pub. L. 98–237, §20(d), Mar. 20, 1984, 98 Stat. 90; Pub. L. 105–258, title I, §117(1), Oct. 14, 1998, 112 Stat. 1914, provided that: "All agreements, contracts, modifications, licenses, and exemptions previously issued, approved, or effective under the Shipping Act, 1916 [former 46 U.S.C. App. 801 et seq., see Disposition Table preceding section 101 of this title], or the Shipping Act of 1984 [former 46 U.S.C. App. 1701 et seq., see Disposition Table preceding section 101 of this title], shall continue in force and effect as if issued or effective under this Act, as amended by the Ocean Shipping Reform Act of 1998 [Pub. L. 105–258, Oct. 14, 1998, 112 Stat. 1902], and all new agreements, contracts, and modifications to existing, pending, or new contracts or agreements shall be considered under this Act, as amended by the Ocean Shipping Reform Act of 1998."
46 U.S.C. § 70031 (2024) — Title 46: SHIPPING / Chapter 700 / Subchapter IV / Section 70031: Definitions
Definitions
Status: in_force

As used in subchapters I through III and this subchapter, unless the context otherwise requires:

(1) The term "marine environment" means—

(A) the navigable waters of the United States and the land and resources therein and thereunder;

(B) the waters and fishery resources of any area over which the United States asserts exclusive fishery management authority;

(C) the seabed and subsoil of the Outer Continental Shelf of the United States, the resources thereof, and the waters superjacent thereto; and

(D) the recreational, economic, and scenic values of such waters and resources.

(2) The term "Secretary" means the Secretary of the department in which the Coast Guard is operating, except that such term means the Secretary of Transportation with respect to the application of this chapter to the Saint Lawrence Seaway.

(3) The term "navigable waters of the United States" includes all waters of the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988.

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

Editorial Notes

References in Text

Presidential Proclamation No. 5928, referred to in par. (3), is set out under section 1331 of Title 43, Public Lands.

Amendments

2021—Pub. L. 116–283 substituted "I through III" for "A through C" in introductory provisions.
46 U.S.C. § 50104 (2024) — Title 46: SHIPPING / Chapter 501 / Section 50104: Studies of general maritime problems
Studies of general maritime problems
Status: in_force

The Secretary of Transportation shall study all maritime problems arising in carrying out the policy in section 50101 of this title.

(Pub. L. 109–304, §8(b), Oct. 6, 2006, 120 Stat. 1558.)

Historical and Revision Notes

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

50104
46 App.:1122(a).
June 29, 1936, ch. 858, title II, §212(a), 49 Stat. 1990; Aug. 6, 1981, Pub. L. 97–31, §12(69), 95 Stat. 159.
46 U.S.C. § 12115 (2024) — Title 46: SHIPPING / Chapter 121 / Subchapter II / Section 12115: Temporary endorsement for vessels procured outside the United States
Temporary endorsement for vessels procured outside the United States
Status: in_force

(a) General Authority.—The Secretary and the Secretary of State, acting jointly, may provide for the issuance of a certificate of documentation with an appropriate endorsement for a vessel procured outside the United States and meeting the ownership requirements of section 12103 of this title.

(b) Authorized Activity.—Subject to limitations the Secretary may prescribe, a vessel documented under this section may proceed to the United States and engage en route in foreign trade or trade with Guam, American Samoa, Wake, Midway, or Kingman Reef.

(c) Application of United States Jurisdiction and Laws.—A vessel documented under this section is subject to the jurisdiction and laws of the United States. However, if the Secretary considers it to be in the public interest, the Secretary may suspend for a period of not more than 6 months the application of a vessel inspection law carried out by the Secretary or regulations prescribed under that law.

(d) Surrender of Certificate.—On the vessel's arrival in the United States, the certificate of documentation shall be surrendered as provided by regulations prescribed by the Secretary.

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

Historical and Revision Notes

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

12115(a)
46:12112(a).

12115(b)
46:12112(b) (1st sentence).

12115(c)
46:12112(c).

12115(d)
46:12112(b) (last sentence).

Editorial Notes

Prior Provisions

A prior section 12115, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 589, originally derived from section 65d of former Title 46, Shipping, related to names of vessels, 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.
46 U.S.C. § 7704a (2024) — Title 46: SHIPPING / Chapter 77 / Section 7704a: Sexual harassment or sexual assault as grounds for suspension or revocation
Sexual harassment or sexual assault as grounds for suspension or revocation
Status: in_force

(a) Sexual Harassment.—If it is shown at a hearing under this chapter that a holder of a license, certificate of registry, or merchant mariner's document issued under this part, within 5 years before the beginning of the suspension and revocation proceedings, is the subject of an official finding of sexual harassment, then the license, certificate of registry, or merchant mariner's document may be suspended or revoked.

(b) Sexual Assault.—If it is shown at a hearing under this chapter that a holder of a license, certificate of registry, or merchant mariner's document issued under this part, within 10 years before the beginning of the suspension and revocation proceedings, is the subject of an official finding of sexual assault, then the license, certificate of registry, or merchant mariner's document shall be revoked.

(c) Official Finding.—

(1) In general.—In this section, the term "official finding" means—

(A) a legal proceeding or agency finding or decision that determines the individual committed sexual harassment or sexual assault in violation of any Federal, State, local, or Tribal law or regulation; or

(B) a determination after an investigation by the Coast Guard that, by a preponderance of the evidence, the individual committed sexual harassment or sexual assault if the investigation affords appropriate due process rights to the subject of the investigation.

(2) Administrative law judge review.—

(A) Coast guard investigation.—A determination under paragraph (1)(B) shall be reviewed and affirmed by an administrative law judge within the same proceeding as any suspension or revocation of a license, certificate of registry, or merchant mariner's document under subsection (a) or (b).

(B) Legal proceeding.—A determination under paragraph (1)(A) that an individual committed sexual harassment or sexual assault is conclusive in suspension and revocation proceedings.

(Added Pub. L. 117–263, div. K, title CXVI, §11603(a), Dec. 23, 2022, 136 Stat. 4147.)
46 U.S.C. § 30903 (2024) — Title 46: SHIPPING / Chapter 309 / Section 30903: Waiver of immunity
Waiver of immunity
Status: in_force

(a) In General.—In a case in which, if a vessel were privately owned or operated, or if cargo were privately owned or possessed, or if a private person or property were involved, a civil action in admiralty could be maintained, a civil action in admiralty in personam may be brought against the United States or a federally-owned corporation. In a civil action in admiralty brought by the United States or a federally-owned corporation, an admiralty claim in personam may be filed or a setoff claimed against the United States or corporation.

(b) Non-Jury.—A claim against the United States or a federally-owned corporation under this section shall be tried without a jury.

(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1518.)

Historical and Revision Notes

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

30903
46 App.:742 (1st, 3d sentences).
Mar. 9, 1920, ch. 95, §2 (1st, 3d sentences), 41 Stat. 525; Pub. L. 86–770, §3, Sept. 13, 1960, 74 Stat. 912; Pub. L. 104–324, title XI, §1105, Oct. 19, 1996, 110 Stat. 3967.

In subsection (a), the words "civil action" are substituted for "proceeding" and "libel" because of rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.) and for consistency in the chapter. The words "civil action in admiralty in personam" are substituted for "any appropriate nonjury proceeding in personam" for clarity. The words "in rem or in personam in any district" are omitted as unnecessary. The words "admiralty claim" are substituted for "cross libel" for consistency in this chapter and with the various means of asserting a claim (such as by counterclaim or cross-claim) allowed by the Federal Rules of Civil Procedure. The words "with the same force and effect as if the libel had been filed by a private party" are omitted as unnecessary.

Subsection (b) is substituted for the word "nonjury" to clarify that the nonjury requirement applies to any claim against the United States or a federally-owned corporation under this section regardless of which party brings the action.
46 U.S.C. § 3708 (2024) — Title 46: SHIPPING / Chapter 37 / Section 3708: Self-propelled tank vessel minimum standards
Self-propelled tank vessel minimum standards
Status: in_force

A self-propelled tank vessel of at least 10,000 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title shall be equipped with—

(1) a dual radar system with short-range and long-range capabilities, each with true-north features;

(2) an electronic relative motion analyzer that is at least functionally equivalent to equipment complying with specifications established by the Secretary of Transportation;

(3) an electronic position-fixing device;

(4) adequate communications equipment;

(5) a sonic depth finder;

(6) a gyrocompass; and

(7) up-to-date charts.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 524; Pub. L. 104–324, title VII, §717, Oct. 19, 1996, 110 Stat. 3937.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

3708 
46:391a(7)(J)

Section 3708 requires compliance with certain minimum standards by a self-propelled tank vessel. These requirements apply to any tank vessel of 10,000 gross tons or above with no distinction being made as to whether or not the vessel is "primarily" constructed or adapted to carry oil or hazardous material in bulk in the cargo spaces. These vessels are required to be equipped with a dual radar system, a computerized relative motion analyzer, an electronic position fixing device, adequate communications equipment, a sonic depth finder, a gyrocompass, and up-to-date charts.

Editorial Notes

Amendments

1996—Pub. L. 104–324 inserted "as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title" after "10,000 gross tons".
46 U.S.C. § 11104 (2024) — Title 46: SHIPPING / Chapter 111 / Section 11104: Destitute seamen
Destitute seamen
Status: in_force

(a) A consular officer shall provide, for a destitute seaman of the United States, subsistence and passage to a port of the United States in the most reasonable manner, at the expense of the United States Government and subject to regulations prescribed by the Secretary of State. A seaman, if able, shall be required to perform duties on the vessel giving the seaman passage, in accordance with the seaman's rating.

(b) A master of a vessel of the United States bound to a port of the United States shall take a destitute seaman on board at the request of a consular officer and transport the seaman to the United States. A master refusing to transport a destitute seaman when requested is liable to the United States Government for a civil penalty of $100. The certificate signed and sealed by a consular officer is prima facie evidence of refusal. A master is not required to carry a destitute seaman if the seaman's presence would cause the number of individuals on board to exceed the number permitted in the certificate of inspection or if the seaman has a contagious disease.

(c) Compensation for the transportation of destitute seamen to the United States who are unable to work shall be agreed on by the master and the consular officer, under regulations prescribed by the Secretary of State. However, the compensation may be not more than the lowest passenger rate of the vessel, or 2 cents a mile, whichever is less.

(d) When a master of a vessel of the United States takes on board a destitute seaman unable to work, from a port or place not having a consular officer, for transportation to the United States or to a port at which there is a consular officer, the master or owner of the vessel shall be compensated reasonably under regulations prescribed by the Secretary of State.

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

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

11104(a) 
46:678

11104(b)–(d) 
46:679

Section 11104 provides for the return to the United States of destitute seamen of the United States at the expense of the United States Government.
46 U.S.C. § 30523 (2024) — Title 46: SHIPPING / Chapter 305 / Subchapter II / Section 30523: General limit of liability
General limit of liability
Status: in_force

(a) In General.—Except as provided in section 30524 of this title, the liability of the owner of a vessel for any claim, debt, or liability described in subsection (b) shall not exceed the value of the vessel and pending freight. If the vessel has more than one owner, the proportionate share of the liability of any one owner shall not exceed that owner's proportionate interest in the vessel and pending freight.

(b) Claims Subject to Limitation.—Unless otherwise excluded by law, claims, debts, and liabilities subject to limitation under subsection (a) are those arising from any embezzlement, loss, or destruction of any property, goods, or merchandise shipped or put on board the vessel, any loss, damage, or injury by collision, or any act, matter, or thing, loss, damage, or forfeiture, done, occasioned, or incurred, without the privity or knowledge of the owner.

(c) Wages.—Subsection (a) does not apply to a claim for wages.

(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1513, §30505; renumbered §30523 and amended Pub. L. 117–263, div. K, title CXV, §11503(a)(3), (f)(2), Dec. 23, 2022, 136 Stat. 4130, 4131.)

Historical and Revision Notes

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

30505
46 App.:183(a).
R.S. §4283(a); Aug. 29, 1935, ch. 804, §1, 49 Stat. 960; June 5, 1936, ch. 521, §1, 49 Stat. 1479.

 
46 App.:189
June 26, 1884, ch. 121, §18, 23 Stat. 57.

In subsection (a), the words "Except as provided in section 30506 of this title" are substituted for "except in the cases provided for in subsection (b) of this section" because 46 App. U.S.C. 183(b) is restated in section 30506 of the revised title. The words "whether American or foreign" are omitted as unnecessary because of section 30502 of the revised title. The words "shall not exceed the value of the vessel and pending freight" are substituted for "shall not . . . exceed the amount or value of . . . such vessel, and her freight then pending" in 46 App. U.S.C. 183(a) and for "the aggregate liabilities of all the owners of a vessel on account of the same shall not exceed the value of such vessels and freight pending" in 46 App. U.S.C. 189 for consistency and to eliminate unnecessary words. The last sentence is substituted for "the interest of such owner in" in 46 App. U.S.C. 183(a) and for "The individual liability of a shipowner shall be limited to the proportion of any or all debts and liabilities that his individual share of the vessel bears to the whole" in 46 App. U.S.C. 189 for clarity and consistency. The words "Provided, That this provision shall not prevent any claimant from joining all the owners in one action" in 46 App. U.S.C. 189 are omitted as unnecessary.

Subsection (c) is substituted for "nor shall the same apply to wages due to persons employed by said shipowners" in 46 App. U.S.C. 189 because of the reorganization of the source provisions.

Editorial Notes

Amendments

2022—Pub. L. 117–263, §11503(a)(3), renumbered section 30505 of this title as this section.

Subsec. (a). Pub. L. 117–263, §11503(f)(2), substituted "section 30524" for "section 30506".
46 U.S.C. § 8905 (2024) — Title 46: SHIPPING / Chapter 89 / Section 8905: Exemptions
Exemptions
Status: in_force

(a) Section 8903 of this title applies to a recreational vessel operated in dealer demonstrations only if the Secretary decides that the application of section 8903 is necessary for recreational vessel safety under section 4302(d) of this title.

(b) Section 8904 of this title does not apply to an oil spill response vessel while engaged in oil spill response or training activities.

(c) After consultation with the Governor of Alaska and the State boating law administrator of Alaska, the Secretary may exempt an individual operating a self-propelled uninspected passenger vessel from the requirements of section 8903 of this title, if—

(1) the individual only operates such vessel wholly within waters located in Alaska; and

(2) such vessel is—

(A) 26 feet or less in length; and

(B) carrying not more than 6 passengers.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 556; Pub. L. 104–324, title VII, §734, title XI, §1104(f), Oct. 19, 1996, 110 Stat. 3941, 3967; Pub. L. 111–281, title VI, §606, Oct. 15, 2010, 124 Stat. 2967; Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], §8317, Jan. 1, 2021, 134 Stat. 4700.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

8905(a) 
46:1461(f)

8905(b) 
46:405(b)(3)

Section 8905 provides for certain exemptions from the requirements of this chapter.

Subsection (a) exempts dealer demonstration recreational vessels from the licensed operator requirement in section 8903 unless the Secretary decides that safety considerations require the application of that section.

Subsection (b) exempts an offshore supply vessel of less than 200 gross tons from the licensed operator requirement under section 8904 when used in the offshore mineral and oil industry.

Editorial Notes

Amendments

2021—Subsec. (c). Pub. L. 116–283 added subsec. (c).

2010—Subsecs. (b), (c). Pub. L. 111–281 redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: "Section 8904 of this title does not apply to a vessel of less than 200 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title engaged in the offshore mineral and oil industry if the vessel has offshore mineral and oil industry sites or equipment as its ultimate destination or place of departure."

1996—Subsec. (b). Pub. L. 104–324, §734, 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 "200 gross tons".

Subsec. (c). Pub. L. 104–324, §1104(f), added subsec. (c).
46 U.S.C. § 42502 (2024) — Title 46: SHIPPING / Chapter 425 / Section 42502: National Shipper Advisory Committee
National Shipper Advisory Committee
Status: in_force

(a) Establishment.—There is established a National Shipper Advisory Committee.

(b) Function.—The Committee shall advise the Federal Maritime Commission on policies relating to the competitiveness, reliability, integrity, and fairness of the international ocean freight delivery system.

(c) Membership.—

(1) In general.—The Committee shall consist of 24 members appointed by the Commission in accordance with this section.

(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) Twelve members shall represent entities who import cargo to the United States using ocean common carriers.

(B) Twelve members shall represent entities who export cargo from the United States using ocean common carriers.

(Added Pub. L. 116–283, div. G, title LVXXXVI [LXXXVI], §8604(a), Jan. 1, 2021, 134 Stat. 4762; amended Pub. L. 118–159, div. C, title XXXV, §3535(h), Dec. 23, 2024, 138 Stat. 2315.)

Editorial Notes

Amendments

2024—Subsec. (c)(3). Pub. L. 118–159 substituted "Representation.—Members of the Committee shall be appointed as follows:" for "Representation.—REPRESENTATION.—Members of the Committee shall be appointed as follows: —".
46 U.S.C. § 57501 (2024) — Title 46: SHIPPING / Chapter 575 / Subchapter I / Section 57501: Completion of long-range program
Completion of long-range program
Status: in_force

Whenever the Secretary of Transportation determines that the objectives and policies declared in sections 50101 and 50102 of this title cannot be fully realized within a reasonable time under title V of the Merchant Marine Act, 1936, and the President approves the determination, the Secretary, in accordance with this chapter, shall complete the long-range program described in section 50102 of this title.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1664; Pub. L. 114–120, title III, §313(b)(1), Feb. 8, 2016, 130 Stat. 58.)

Historical and Revision Notes

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

57501
46 App.:1191.
June 29, 1936, ch. 858, title VII, §701, 49 Stat. 2008; Pub. L. 97–31, §12(103), Aug. 6, 1981, 95 Stat. 162.

The words "find and", "finding and", "in whole or in part", and "previously adopted" are omitted as unnecessary. The word "shall" is substituted for "is authorized and directed to" to eliminate unnecessary words.

Editorial Notes

References in Text

The Merchant Marine Act, 1936, referred to in text, is act June 29, 1936, ch. 858, 49 Stat. 1985. Title V of the Act enacted provisions set out as a note under section 53101 of this title. For complete classification of this Act to the Code, see Short Title of 1936 Amendment note set out under section 101 of this title and Tables.

Amendments

2016—Pub. L. 114–120 substituted "title V" for "titles V and VI".
46 U.S.C. § 12303 (2024) — Title 46: SHIPPING / Chapter 123 / Section 12303: Exemption from numbering requirements
Exemption from numbering requirements
Status: in_force

(a) When the Secretary is the authority issuing a number under this chapter, the Secretary may exempt a vessel or class of vessels from the numbering requirements of this chapter under conditions the Secretary may prescribe.

(b) When a State is the issuing authority, it may exempt from the numbering requirements of this chapter a vessel or class of vessels exempted under subsection (a) of this section or otherwise as permitted by the Secretary.

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

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

12303 
46:1468

Section 12303 permits the Secretary and any State, when it is the issuing authority, to exempt vessels from the numbering requirements.
46 U.S.C. § 30909 (2024) — Title 46: SHIPPING / Chapter 309 / Section 30909: Security
Security
Status: in_force

Neither the United States nor a federally-owned corporation may be required to give a bond or admiralty stipulation in a civil action under this chapter.

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

Historical and Revision Notes

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

30909
46 App.:743 (last sentence).
Mar. 9, 1920, ch. 95, §3 (last sentence), 41 Stat. 526; Pub. L. 97–31, §12(25)(A), Aug. 6, 1981, 95 Stat. 155.

The words "civil action" are substituted for "proceeding" for consistency in this chapter and with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).
46 U.S.C. § 56306 (2024) — Title 46: SHIPPING / Chapter 563 / Section 56306: Use and transfer of vessels
Use and transfer of vessels
Status: in_force

(a) In General.—The Secretary of Transportation may repair, recondition, reconstruct, operate, or charter for operation, a vessel acquired under this chapter.

(b) Transfer to Other Agencies.—The Secretary may transfer the possession or control of a vessel acquired under this chapter to another department or agency of the United States Government on terms and conditions approved by the President. The department or agency shall promptly reimburse the Secretary for expenditures for just compensation, purchase price, charter hire, repairs, reconditioning, or reconstruction.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1656.)

Historical and Revision Notes

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

56306
46 App.:1242(e).
June 29, 1936, ch. 858, title IX, §902(e); as added Aug. 7, 1939, ch. 555, §3, 53 Stat. 1256; Pub. L. 97–31, §12(131), Aug. 6, 1981, 95 Stat. 165.

In this section, the word "vessel" is substituted for "property" for consistency in the chapter.

In subsection (b), the words "Such reimbursements shall be deposited in the construction fund established by section 1116 of this Appendix" are omitted as impliedly repealed by 46 App. U.S.C. 1119 as amended in 1967.
46 U.S.C. § 10309 (2024) — Title 46: SHIPPING / Chapter 103 / Section 10309: Engaging seamen to replace those lost by desertion or casualty
Engaging seamen to replace those lost by desertion or casualty
Status: in_force

(a) If a desertion or casualty results in the loss of at least one seaman, the master shall engage, if obtainable, a number equal to the number of seamen of whose services the master has been deprived. The new seaman must have at least the same grade or rating as the seaman whose place the new seaman fills. The master shall report the loss and replacement to a consular officer at the first port at which the master arrives.

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

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 564; Pub. L. 103–206, title IV, §407, Dec. 20, 1993, 107 Stat. 2436.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

10309 
46:569

Section 10309 provides for the replacement of seamen lost by desertion or casualty. It does not apply to fishing vessels, whaling vessels, or yachts.

Editorial Notes

Amendments

1993—Subsecs. (b), (c). Pub. L. 103–206 redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: "The master is liable to the United States Government for a civil penalty of $200 for each report not made. The vessel also is liable in rem for the penalty."
46 U.S.C. § 7114 (2024) — Title 46: SHIPPING / Chapter 71 / Section 7114: Fees
Fees
Status: in_force

The Secretary may prescribe by regulation reasonable fees for the inspection of and the issuance of a certificate, license, or permit related to small passenger vessels and sailing school vessels.

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

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

7114 
46:390a(b)

Section 7114 allows the Secretary to prescribe reasonable fees for the issuance of a certificate of inspection, license, or registry, or permits related to small passenger vessels and sailing school vessels.
46 U.S.C. § 70054 (2024) — Title 46: SHIPPING / Chapter 700 / Subchapter VI / Section 70054: Definitions
Definitions
Status: in_force

In this subchapter:

(1) United states.—The term "United States" includes all territory and waters, continental or insular, subject to the jurisdiction of the United States.

(2) Territorial waters.—The term "territorial waters of the United States" includes all waters of the territorial sea of the United States as described in Presidential Proclamation 5928 of December 27, 1988.

(Added Pub. L. 115–282, title IV, §407(a), Dec. 4, 2018, 132 Stat. 4266.)

Editorial Notes

References in Text

Presidential Proclamation Number 5928, referred to in par. (2), is Proc. No. 5928, Dec. 27, 1988, 54 F.R. 777, which is set out as a note under section 1331 of Title 43, Public Lands.
46 U.S.C. § 60302 (2024) — Title 46: SHIPPING / Chapter 603 / Section 60302: Special tonnage taxes
Special tonnage taxes
Status: in_force

(a) Entry From Foreign Port or Place.—Regardless of whether a tax is imposed under section 60301 of this title, a tax is imposed on a vessel at each entry in a port of the United States from a foreign port or place at the following rates:

(1) 30 cents per ton on a vessel built in the United States but owned in any part by a subject of a foreign country.

(2) 50 cents per ton on other vessels not of the United States.

(3) 50 cents per ton on a vessel of the United States having an officer who is not a citizen of the United States.

(4) $2 per ton on a foreign vessel entering from a foreign port or place at which vessels of the United States are not ordinarily allowed to enter and trade.

(b) Vessels Not of the United States Transporting Property Between Districts.—Regardless of whether a tax is imposed under section 60301 of this title, a tax of 50 cents per ton is imposed on a vessel not of the United States at each entry in one customs district from another district when transporting goods loaded in one district to be delivered in another district.

(c) Exception for Vessels Becoming Documented.—The tax of 50 cents per ton under this section does not apply to a vessel that—

(1) is owned only by citizens of the United States; and

(2) after entering a port of the United States, becomes documented as a vessel of the United States before leaving that port.

(Pub. L. 109–304, §9(b), Oct. 6, 2006, 120 Stat. 1677.)

Historical and Revision Notes

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

60302(a)
46 App.:121 (1st sentence, 5th sentence words before semicolon, last sentence words after semicolon).
R.S. §4219 (1st, 2d sentences, 4th sentence words before semicolon, last sentence words before 1st semicolon and after last semicolon); Feb. 27, 1877, ch. 69, §1, 19 Stat. 250.

60302(b)
46 App.:121 (4th sentence words before proviso).

60302(c)
46 App.:121 (4th sentence proviso).
Mar. 4, 1915, ch. 171, §1, 38 Stat. 1193.

In subsections (a) and (b), the words "Regardless of whether a tax is imposed under section 60301 of this title" are added for clarity. See 19 C.F.R. §4.20(c) (2003).

In subsection (a)(1), the word "owned" is substituted for "belonging" for consistency in the revised title.

In subsection (a)(3), the words "vessel of the United States" are substituted for "vessel" for clarity.

In subsection (c), the words "The tax of 50 cents per ton" are substituted for "no such duty" in 46 App. U.S.C. 121 to conform more closely to the language in section 1 of the Act of March 4, 1915 (ch. 171, 38 Stat. 1193). The word "documented" is substituted for "registered" for consistency in the revised title.

The words "In addition to the tonnage-duty above imposed, there shall be paid a tax, at the rate of thirty cents per ton, on vessels which shall be entered at any custom-house within the United States from any foreign port or place" in R.S. §4219 were omitted from the original codification of R.S. §4219 in 46 U.S.C. 121 (1926 edition, 44 Stat. 1467). A codification note which first appeared in the 1958 edition of the United States Code for 46 U.S.C. 121 says that the words apparently were omitted as superseded and repealed by section 14 of the Act of June 26, 1884 (ch. 121, 23 Stat. 57), as amended by section 11 of the Act of June 19, 1886 (ch. 421, 24 Stat. 81), and section 1 of the Act of April 4, 1888 (ch. 61, 25 Stat. 80).
46 U.S.C. § 10708 (2024) — Title 46: SHIPPING / Chapter 107 / Section 10708: Sale of property
Sale of property
Status: in_force

A district court of the United States may direct the sale of any part of the property of a deceased seaman. Proceeds of the sale shall be held as wages of the seaman are held.

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

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

10708 
46:628

Section 10708 permits a district court to sell a deceased seaman's property and treat the proceeds as wages.
46 U.S.C. § 14104 (2024) — Title 46: SHIPPING / Chapter 141 / Section 14104: Measurement to determine application of a law
Measurement to determine application of a law
Status: in_force

(a) When the application of a law of the United States to a vessel depends on the vessel's tonnage, the vessel shall be measured under this part.

(b) If a statute allows for an alternate tonnage to be prescribed under this section, the Secretary may prescribe it by regulation. Any such regulation shall be considered to be an interpretive regulation for purposes of section 553 of title 5. Until an alternate tonnage is prescribed, the statutorily established tonnage shall apply to vessels measured under chapter 143 or chapter 145 of this title.

(c) The head of each Federal agency shall ensure that regulations issued by the agency that specify particular tonnages comply with the alternate tonnages implemented by the Secretary.

(Pub. L. 99–509, title V, §5101(3), Oct. 21, 1986, 100 Stat. 1920; Pub. L. 104–324, title VII, §702, Oct. 19, 1996, 110 Stat. 3933.)

Historical and Revision Notes

Revised section 14104

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

Section 14104 requires that a vessel be measured under Part J of this subtitle when the application of a U.S. law to the vessel depends on its tonnage.

Editorial Notes

Amendments

1996—Pub. L. 104–324 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).
46 U.S.C. § 10506 (2024) — Title 46: SHIPPING / Chapter 105 / Section 10506: Trusts
Trusts
Status: in_force

Section 10505 of this title does not prevent an employer from making deductions from the wages of a seaman, with the written consent of the seaman, if—

(1) the deductions are paid into a trust fund established only for the benefit of seamen employed by that employer, and the families and dependents of those seamen (or of those seamen, families, and dependents jointly with other seamen employed by other employers, and the families and dependents of the other seamen); and

(2) the payments are held in trust to provide, from principal or interest, or both, any of the following benefits for those seamen and their families and dependents:

(A) medical or hospital care, or both.

(B) pensions on retirement or death of the seaman.

(C) life insurance.

(D) unemployment benefits.

(E) compensation for illness or injuries resulting from occupational activity.

(F) sickness, accident, and disability compensation.

(G) purchasing insurance to provide any of the benefits specified in this section.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 571.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

10506 
46:599

Section 10506 permits deductions to be made from wages of seamen on coastwise voyages if the deductions are to be used for the benefit of the seamen or their families.
46 U.S.C. § 56303 (2024) — Title 46: SHIPPING / Chapter 563 / Section 56303: Compensation
Compensation
Status: in_force

(a) In General.—As soon as practicable, the Secretary of Transportation shall determine and pay just compensation for a vessel requisitioned under this chapter.

(b) Factors Not Affecting Value.—The value of a vessel may not be considered enhanced by the circumstances requiring its requisition. Consequential damages arising from the requisition may not be paid.

(c) Effect of Construction-Differential Subsidy.—

(1) If paid.—If a construction-differential subsidy has been paid for the vessel, the value of the vessel at the time of requisition shall be determined under section 802 of the Merchant Marine Act, 1936.

(2) If not paid.—If a construction-differential subsidy has not been paid for the vessel, the value of any national defense features previously paid for by the United States Government shall be excluded.

(d) Loss or Damage During Charter.—If a vessel is lost or damaged by a risk assumed by the Government under the charter, but a valuation for the vessel or a means of compensation has not been agreed to, the Secretary shall pay just compensation for the loss or damage, to the extent the person is not reimbursed through insurance.

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

Historical and Revision Notes

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

56303(a)
46 App.:1242(a) (3d sentence words before 2d comma), (d) (1st par. words before 2d comma).
June 29, 1936, ch. 858, title IX, §902(a) (3d, last sentences), (b), (d) (1st par. words before 2d comma), 49 Stat. 2015, 2016; Aug. 7, 1939, ch. 555, §3, 53 Stat. 1255; Aug. 3, 1956, ch. 929, §3, 70 Stat. 985; Pub. L. 97–31, §12(131), Aug. 6, 1981, 95 Stat. 165.

56303(b)
46 App.:1242(a) (3d sentence words after 2d comma, last sentence).

56303(c)
46 App.:1242(b).

56303(d)
46 App.:1242(c) (last sentence).

Editorial Notes

References in Text

Section 802 of the Merchant Marine Act, 1936, referred to in subsec. (c)(1), is section 802 of act June 29, 1936, ch. 858, 49 Stat. 1985, which is set out as a note under section 53101 of this title.
46 U.S.C. § 2301 (2024) — Title 46: SHIPPING / Chapter 23 / Section 2301: Application
Application
Status: in_force

Except as provided in sections 2304 and 2306 of this title, this chapter applies to a vessel operated 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.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 508; Pub. L. 98–498, title II, §212(a)(2), Oct. 19, 1984, 98 Stat. 2305; Pub. L. 105–383, title III, §301(b)(2), Nov. 13, 1998, 112 Stat. 3417; Pub. L. 109–304, §15(7), Oct. 6, 2006, 120 Stat. 1702.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

2301 
46:480

Section 2301 provides that this chapter is applicable to all vessels, including foreign flag vessels, when operating on waters subject to the jurisdiction of the United States. Any vessel owned in the United States while operating on the high seas would be included. By ownership the Committee means those vessels that are documented or numbered under United States laws and those other vessels that are neither documented or numbered but are of national origin and are not documented under the laws of a foreign nation. This chapter is applicable to a foreign flag vessel that is in innocent passage through territorial waters of the United States, presently 3 miles seaward, whether or not it is bound to or from a port subject to the jurisdiction of the United States.

Editorial Notes

References in Text

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

Amendments

2006—Pub. L. 109–304 substituted "sections 2304 and" for "section".

1998—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".

1984—Pub. L. 98–498 substituted "Except as provided in section 2306 of this title, this chapter" for "This chapter".

Statutory Notes and Related Subsidiaries

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–498 effective 180 days after Oct. 19, 1984, see section 214 of Pub. L. 98–498, set out as an Effective Date note under section 2306 of this title.
46 U.S.C. § 55122 (2024) — Title 46: SHIPPING / Chapter 551 / Section 55122: Floating dry docks
Floating dry docks
Status: in_force

(a) In General.—Section 55102 of this title does not apply to the movement of a floating dry dock if—

(1) the floating dry dock—

(A) is being used to launch or raise a vessel in connection with the construction, maintenance, or repair of that vessel;

(B) is owned and operated by—

(i) a shipyard located in the United States that is an eligible owner specified under section 12103(b) of this title; or

(ii) an affiliate of such a shipyard; and

(C)(i) was owned or contracted for purchase by such shipyard or affiliate prior to the date of the enactment of the Carl Levin and Howard P. "Buck" McKeon National Defense Authorization Act for Fiscal Year 2015; or

(ii) had a letter of intent for purchase by such shipyard or affiliate signed prior to such date of enactment; and

(2) the movement occurs within 5 nautical miles of the shipyard or affiliate that owns and operates such floating dry dock or, in the case of a dry dock described in paragraph (1)(C)(ii), occurs between Honolulu, Hawaii, and Pearl Harbor, Hawaii.

(b) Dry Docks for Construction of Certain Naval Vessels.—

(1) In general.—In applying subsection (a) to a floating dry dock used for the construction of naval vessels in a shipyard located in the United States, the ownership and operation requirement in paragraph (1)(B) of that subsection shall be treated as satisfied and "December 19, 2017" shall be substituted for the date referred to in paragraph (1)(C) of that subsection if the Secretary of the Navy determines that—

(A) such dry dock is necessary for the timely completion of such construction; and

(B) such dry dock—

(i) is owned and operated by—

(I) a shipyard located in the United States that is an eligible owner specified under section 12103(b); or

(II) an affiliate of such a shipyard; or

(ii) is—

(I) owned by the State in which the shipyard is located or a political subdivision of that State; and

(II) operated by a shipyard located in the United States that is an eligible owner specified under section 12103(b).

(2) Notice to congress.—Not later than 30 days after making a determination under paragraph (1), the Secretary of the Navy shall notify the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate of such determination.

(c) Definition.—In this section, the term "floating dry dock" means equipment with wing walls and a fully submersible deck.

(Added Pub. L. 113–291, div. C, title XXXV, §3502(a), Dec. 19, 2014, 128 Stat. 3904; amended Pub. L. 114–328, div. C, title XXXV, §3508, Dec. 23, 2016, 130 Stat. 2780; Pub. L. 117–263, div. K, title CXV, §11525, Dec. 23, 2022, 136 Stat. 4145.)

Editorial Notes

References in Text

The date of the enactment of the Carl Levin and Howard P. "Buck" McKeon National Defense Authorization Act for Fiscal Year 2015, referred to in subsec. (a)(1)(C), is the date of enactment of Pub. L. 113–291, which was approved Dec. 19, 2014.

Amendments

2022—Subsec. (a)(1)(C). Pub. L. 117–263, §11525(1), designated existing provisions as cl. (i), substituted "2015; or" for "2015; and", and added cl. (ii).

Subsec. (a)(2). Pub. L. 117–263, §11525(2), inserted "or, in the case of a dry dock described in paragraph (1)(C)(ii), occurs between Honolulu, Hawaii, and Pearl Harbor, Hawaii" before period at end.

2016—Subsecs. (b), (c). Pub. L. 114–328 added subsec. (b) and redesignated former subsec. (b) as (c).
46 U.S.C. § 4303 (2024) — Title 46: SHIPPING / Chapter 43 / Section 4303: Inspection and testing
Inspection and testing
Status: in_force

(a) Subject to regulations, supervision, and reviews that the Secretary may prescribe, the Secretary may delegate to a person, private or public agency, or organization, or to an officer or employee under the supervision of that person or agency, any work, business, or function related to the testing, inspection, and examination necessary for compliance enforcement and for the development of data to enable the Secretary to prescribe regulations under section 4302 of this title.

(b) The Secretary may—

(1) conduct research, testing, and development necessary to carry out this chapter, including the procurement by negotiation or otherwise of experimental and other recreational vessels or associated equipment for research and testing purposes; and

(2) subsequently sell those vessels.

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

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

4303 
46:1457

Section 4303 authorizes the Secretary to delegate to certain persons or agencies or organizations any work, business, or function related to the testing, inspection, and examination necessary for compliance enforcement. The Secretary may also conduct research, testing, and development necessary to carry out this chapter, including procurement of vessels and equipment and their subsequent sale. The Committee wishes to make clear that the Secretary may sell anything that was purchased to test.
46 U.S.C. § 5113 (2024) — Title 46: SHIPPING / Chapter 51 / Section 5113: Detention of vessels
Detention of vessels
Status: in_force

(a) When the Secretary believes that a vessel is about to leave a place in the United States in violation of this chapter or a regulation prescribed under this chapter, the Secretary may detain the vessel by giving notice to the owner, charterer, managing operator, agent, master, or individual in charge of the vessel.

(b) A detained vessel may be cleared under section 60105 of this title only after the violation has been corrected. If the vessel was cleared before being detained, the clearance shall be withdrawn.

(c) Under regulations prescribed by the Secretary, the owner, charterer, managing operator, agent, master, or individual in charge of a detained vessel may petition the Secretary to review the detention order.

(d) After reviewing a petition, the Secretary may affirm, withdraw, or change the detention order. Before acting on the petition, the Secretary may require any independent survey that may be necessary to determine the condition of the vessel.

(e) The owner of a vessel is liable for the cost incident to a petition for review and any required survey if the vessel is found to be in violation of this chapter or a regulation prescribed under this chapter.

(Pub. L. 99–509, title V, §5101(2), Oct. 21, 1986, 100 Stat. 1918; Pub. L. 109–304, §15(20), Oct. 6, 2006, 120 Stat. 1703.)

Historical and Revision Notes

Revised section 5113

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

Section 5113 authorizes the Secretary to detain a vessel if the Secretary believes that the vessel is in violation of the load line requirements, and describes the process through which a vessel may be cleared. It also states that a vessel owner is liable for certain costs resulting from a petition for review and load line survey that is made pursuant to a violation of load line requirements.

Editorial Notes

Amendments

2006—Subsec. (b). Pub. L. 109–304 substituted "section 60105 of this title" for "section 4197 of the Revised Statutes (46 App. U.S.C. 91)".
46 U.S.C. § 11111 (2024) — Title 46: SHIPPING / Chapter 111 / Section 11111: Limit on amount recoverable on voyage
Limit on amount recoverable on voyage
Status: in_force

When a seaman is on a voyage on which a written agreement is required under this part, not more than $1 is recoverable from the seaman by a person for a debt incurred by the seaman during the voyage for which the seaman is signed on until the voyage is ended.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 581.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

11111 
46:602

Section 11111 limits the amount of money recoverable from a seaman for a debt incurred while on a voyage on which a shipping agreement is required.
46 U.S.C. § 10101 (2024) — Title 46: SHIPPING / Chapter 101 / Section 10101: Definitions
Definitions
Status: in_force

In this part—

(1) "master" means the individual having command of a vessel.

(2) "owner" means the person to whom the vessel belongs.

(3) "seaman" means an individual (except scientific personnel, a sailing school instructor, or a sailing school student) engaged or employed in any capacity on board a vessel.

(4) "fishing vessel" includes—

(A) a fish tender vessel; or

(B) a fish processing vessel entered into service before January 1, 1988, and not more than 1,600 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 or entered into service after December 31, 1987, and having not more than 16 individuals on board primarily employed in the preparation of fish or fish products.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 560; Pub. L. 98–364, title IV, §402(13), July 17, 1984, 98 Stat. 449; Pub. L. 98–557, §33(d), Oct. 30, 1984, 98 Stat. 2876; Pub. L. 99–640, §10(b)(3), Nov. 10, 1986, 100 Stat. 3550; Pub. L. 104–324, title VII, §736, Oct. 19, 1996, 110 Stat. 3941.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

10101 
46:713

Section 10101 defines the terms master, seaman, and owner as they apply to merchant seamen's protection and relief.

Editorial Notes

Amendments

1996—Par. (4)(B). 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 "1,600 gross tons".

1986—Pars. (1), (3). Pub. L. 99–640 struck out "owned by a citizen of the United States" after "vessel".

1984—Par. (4). Pub. L. 98–364, as amended Pub. L. 98–557, added par. (4).
46 U.S.C. § 60503 (2024) — Title 46: SHIPPING / Chapter 605 / Section 60503: Reciprocal suspension of discriminating duties
Reciprocal suspension of discriminating duties
Status: in_force

(a) General Authority.—On receiving satisfactory proof from the government of a foreign country that it has suspended, in any part, the imposition of discriminating duties for any class of vessels owned by citizens of the United States or goods imported in those vessels, the President may proclaim a reciprocal suspension of discriminating duties for the same class of vessels owned by citizens of that country or goods imported in those vessels.

(b) Effective and Expiration Dates.—A suspension under this section takes effect retroactively from the date the President received the proof from the foreign government, and expires when that government stops granting the reciprocal suspension.

(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.:141.
R.S. §4228; July 24, 1897, ch. 13, 30 Stat. 214.

In this section, the word "goods" is substituted for "produce, manufactures, or merchandise", "merchandise", and "cargoes" for consistency in the chapter. Other changes are made to eliminate unnecessary words.
46 U.S.C. § 53704 (2024) — Title 46: SHIPPING / Chapter 537 / Subchapter I / Section 53704: Funding limits
Funding limits
Status: in_force

(a) General Limitations.—The total unpaid principal amount of obligations guaranteed under this chapter and outstanding at one time may not exceed $12,000,000,000. Of that amount, $850,000,000 shall be limited to obligations related to fishing vessels and fishery facilities.

(b) Additional Limitations.—Additional limitations may not be imposed on new commitments to guarantee loans for any fiscal year, except in amounts established in advance by annual authorization laws. A vessel eligible for a guarantee under this chapter may not be denied eligibility because of its type.

(c) Limits Based on Risk Factors.—

(1) Definition.—In this subsection, the term "cost" has the meaning given that term in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a).

(2) System of risk categories.—The Secretary or Administrator shall—

(A) establish, and update annually, a system of risk categories for obligations guaranteed under this chapter that categorizes the relative risk of guarantees based on the risk factors set forth in paragraph (4);

(B) determine annually for each risk category a subsidy rate equivalent to the cost of obligations in the category, expressed as a percentage of the amount guaranteed for obligations in the category; and

(C) ensure that each risk category is comprised of loans that are relatively homogeneous in cost and share characteristics predictive of defaults and other costs, given the facts known at the time of obligation or commitment, using a risk category system that is based on historical analysis of program data and statistical evidence concerning the likely costs of defaults or other costs that are expected to be associated with the loans in the category.

(3) Use of system.—

(A) Placing obligation in category.—Before making a guarantee under this chapter for an obligation, and annually for projects subject to a guarantee, the Secretary or Administrator shall apply the risk factors specified in paragraph (4) to place the obligation in a risk category established under paragraph (2).

(B) Reduction of available amount.—The Secretary or Administrator shall consider the total amount available to the Secretary or Administrator for making guarantees under this chapter to be reduced by the amount determined by multiplying—

(i) the amount guaranteed under this chapter for an obligation; by

(ii) the subsidy rate for the category in which the obligation is placed under subparagraph (A).

(C) Estimated cost.—The estimated cost to the United States Government of a guarantee under this chapter for an obligation is deemed to be the amount determined under subparagraph (B) for the obligation.

(D) Restriction on further guarantees.—The Secretary or Administrator may not guarantee obligations under this chapter after the total amount available to the Secretary or Administrator under appropriations laws for the cost of loan guarantees is considered to be reduced to zero under subparagraph (B).

(4) Risk factors.—The risk factors referred to in this subsection are—

(A) the period for which an obligation is guaranteed or to be guaranteed;

(B) the amount of an obligation guaranteed or to be guaranteed in relation to the total cost of the project financed or to be financed by the obligation;

(C) the financial condition of an obligor or applicant for a guarantee;

(D) if applicable, other guarantees related to the project;

(E) if applicable, the projected employment of each vessel or equipment to be financed with an obligation;

(F) if applicable, the projected market that will be served by each vessel or equipment to be financed with an obligation;

(G) the collateral provided for a guarantee for an obligation;

(H) the management and operating experience of an obligor or applicant for a guarantee;

(I) whether a guarantee under this chapter is or will be in effect during the construction period of the project; and

(J) the concentration risk presented by an unduly large percentage of loans outstanding by any one borrower or group of affiliated borrowers.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1604; Pub. L. 109–163, div. C, title XXXV, §3507(a)(1)(C), Jan. 6, 2006, 119 Stat. 3555; Pub. L. 110–181, div. C, title XXXV, §3522(a)(10)(B), (b), Jan. 28, 2008, 122 Stat. 598; Pub. L. 116–92, div. C, title XXXV, §3506(d), Dec. 20, 2019, 133 Stat. 1972.)

Historical and Revision Notes

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

53704(a)
46 App.:1273(f) (1st sentence).
June 29, 1936, ch. 858, title XI, §1103(f), as added June 23, 1938, ch. 600, §46, 52 Stat. 969; Aug. 15, 1953, ch. 513, §1, 67 Stat. 626; Sept. 3, 1954, ch. 1265, §3, 68 Stat. 1268; June 25, 1956, ch. 438, 70 Stat. 332; Aug. 7, 1956, ch. 1026, §1(a), (c), (d), 70 Stat. 1087; Pub. L. 91–469, §30, Oct. 21, 1970, 84 Stat. 1035; restated Pub. L. 92–507, §3, Oct. 19, 1972, 86 Stat. 910; Pub. L. 93–70, §3, July 10, 1973, 87 Stat. 168; Pub. L. 94–127, §5, Nov. 13, 1975, 89 Stat. 681; Pub. L. 95–298, §5, June 26, 1978, 92 Stat. 340; Pub. L. 96–320, title II, §203(b)(1), Aug. 3, 1980, 94 Stat. 994; Pub. L. 96–561, title II, §220(2), Dec. 22, 1980, 94 Stat. 3292; Pub. L. 97–35, title XVI, §1606(a), (b), Aug. 13, 1981, 95 Stat. 752; Pub. L. 97–424, title IV, §425, Jan. 6, 1983, 96 Stat. 2167; Pub. L. 103–160, title XIII, §1356(2)(A), Nov. 30, 1993, 107 Stat. 1812; Pub. L. 108–136, title XXXV, §3528(b), Nov. 24, 2003, 117 Stat. 1802.

53704(b)
46 App.:1273(f) (2d, last sentences).

53704(c)
46 App.:1273(h).
June 29, 1936, ch. 858, title XI, §1103(h), as added Pub. L. 104–239, §13(a), Oct. 8, 1996, 110 Stat. 3134; Pub. L. 108–136, title XXXV, §3528(b), Nov. 24, 2003, 117 Stat. 1802.

Editorial Notes

Amendments

2019—Subsec. (a). Pub. L. 116–92, §3506(d)(1), substituted "that amount, $850,000,000 shall be limited to obligations related to fishing vessels and fishery facilities." for "that amount—" and pars. (1) and (2) which read as follows:

"(1) $850,000,000 shall be limited to obligations related to fishing vessels and fishery facilities; and

"(2) $3,000,000,000 shall be limited to obligations related to eligible export vessels."

Subsec. (c)(4). Pub. L. 116–92, §3506(d)(2), redesignated subpars. (B) to (K) as (A) to (J), respectively, and struck out former subpar. (A) which read as follows: "if applicable, the country risk for each eligible export vessel financed or to be financed by an obligation;".

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

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

2006—Pub. L. 109–163, §3507(a)(1)(C), which directed the amendment of section 1273(h) of the former Appendix to this title from which subsec. (c) of this section was derived, was repealed by Pub. L. 110–181, §3522(b). See 2008 Amendment note for subsec. (c) and Historical and Revision notes above.
46 U.S.C. § 30911 (2024) — Title 46: SHIPPING / Chapter 309 / Section 30911: Costs and interest
Costs and interest
Status: in_force

(a) In General.—A judgment against the United States or a federally-owned corporation under this chapter may include costs and interest at the rate of 4 percent per year until satisfied. Interest shall run as ordered by the court, except that interest is not allowable for the period before the action is filed.

(b) Contract Providing for Interest.—Notwithstanding subsection (a), if the claim is based on a contract providing for interest, interest may be awarded at the rate and for the period provided in the contract.

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

Historical and Revision Notes

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

30911
46 App.:743 (2d, 3d sentences).
Mar. 9, 1920, ch. 95, §3 (2d, 3d sentences), 41 Stat. 526.

 
46 App.:745 (last proviso).
Mar. 9, 1920, ch. 95, §5 (last proviso), 41 Stat. 526; June 30, 1932, ch. 315, 47 Stat. 420; Dec. 13, 1950, ch. 1136, 64 Stat. 1112.

In subsection (a), the words "and when the decree is for a money judgment" are omitted as unnecessary. The words "except that interest is not allowable for the period before the action is filed" are substituted for "And provided further, That after June 30, 1932, no interest shall be allowed on any claim prior to the time when suit on such claim is brought as authorized by section 742 of this Appendix" to eliminate unnecessary words.

Subsection (b) is substituted for "or at any higher rate which shall be stipulated in any contract upon which such decree shall be based" in 46 App. U.S.C. 743 and "unless upon a contract expressly stipulating for the payment of interest" in 46 App. U.S.C. 745 (last proviso) for clarity and consistency.
46 U.S.C. § 56501 (2024) — Title 46: SHIPPING / Chapter 565 / Section 56501: Definition
Definition
Status: in_force

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

(1)(A) security for a mortgage indebtedness to the United States Government; or

(B) constructed under this subtitle or required by a contract under this subtitle to be operated on a certain essential foreign trade route; and

(2) necessary in the interests of commerce and national defense to be maintained in condition for prompt use.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1656.)

Historical and Revision Notes

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

56501
46 App.:1242a(a).
June 29, 1940, ch. 442, subdiv. (a), 54 Stat. 684.
46 U.S.C. § 7313 (2024) — Title 46: SHIPPING / Chapter 73 / Section 7313: General requirements for members of engine departments
General requirements for members of engine departments
Status: in_force

(a) Classes of endorsement as qualified members of the engine department on vessels of at least 100 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title (except vessels operating on rivers or lakes (except the Great Lakes)) may be prescribed by regulation.

(b) The ratings of wiper and coal passer are entry ratings and are not ratings as qualified members of the engine department.

(c) An applicant for an endorsement as qualified member of the engine department must provide satisfactory proof that the applicant—

(1) has the service required by section 7314 of this title;

(2) is qualified professionally as demonstrated by an applicable examination; and

(3) is qualified as to sight, hearing, and physical condition to perform the member's duties.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 544; Pub. L. 104–324, title VII, §724, Oct. 19, 1996, 110 Stat. 3939.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

7313 
46:672(g)

Section 7313(a) authorizes the Secretary to establish classes of endorsement for qualified members of the engine department on vessels of 100 gross tons or more (except on vessels operating on rivers and lakes (except the Great Lakes)).

Subsection (b) establishes the entry ratings of wiper and coal passer, but specifically excludes them as qualified members of the engine department.

Subsection (c) establishes the minimum qualifications individuals must meet in order to have their documents endorsed as a qualified member of engine department.

Editorial Notes

Amendments

1996—Subsec. (a). Pub. L. 104–324 inserted "as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title" after "100 gross tons".
46 U.S.C. § 4704 (2024) — Title 46: SHIPPING / Chapter 47 / Section 4704: Removal of abandoned barges
Removal of abandoned barges
Status: in_force

(a)(1) The Secretary may remove a barge that is abandoned after complying with the following procedures:

(A) If the identity of the owner or operator can be determined, the Secretary shall notify the owner or operator by certified mail—

(i) that if the barge is not removed it will be removed at the owner's or operator's expense; and

(ii) of the penalty under section 4703.

(B) If the identity of the owner or operator cannot be determined, the Secretary shall publish an announcement in—

(i) a notice to mariners; and

(ii) an official journal of the county in which the barge is located

that if the barge is not removed it will be removed at the owner's or operator's expense.

(2) The United States, and any officer or employee of the United States is not liable to an owner or operator for damages resulting from removal of an abandoned barge under this chapter.

(b) The owner or operator of an abandoned barge is liable, and an abandoned barge is liable in rem, for all expenses that the United States incurs in removing an abandoned barge under this chapter.

(c)(1) The Secretary may, after providing notice under subsection (a)(1), solicit by public advertisement sealed bids for the removal of an abandoned barge.

(2) After solicitation under paragraph (1) the Secretary may award a contract. The contract—

(A) may be subject to the condition that the barge and all property on the barge is the property of the barge removal contractor; and

(B) must require the barge removal contractor to submit to the Secretary a plan for the removal.

(3) Removal of an abandoned barge may begin thirty days after the Secretary completes the procedures under subsection (a)(1).

(Added Pub. L. 102–587, title V, §5302, Nov. 4, 1992, 106 Stat. 5082.)
46 U.S.C. § 30914 (2024) — Title 46: SHIPPING / Chapter 309 / Section 30914: Release of privately owned vessel after arrest or attachment
Release of privately owned vessel after arrest or attachment
Status: in_force

If a privately owned vessel not in the possession of the United States or a federally-owned corporation is arrested or attached in a civil action arising or alleged to have arisen from prior ownership, possession, or operation by the United States or corporation, the vessel shall be released without bond or stipulation on a statement by the United States, through the Attorney General or other authorized law officer, that the United States is interested in the action, desires release of the vessel, and assumes liability for the satisfaction of any judgment obtained by the plaintiff. After the vessel is released, the action shall proceed against the United States in accordance with this chapter.

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

Historical and Revision Notes

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

30914
46 App.:744.
Mar. 9, 1920, ch. 95, §4, 41 Stat. 526.

The words "on a statement" are substituted for "upon the suggestion" as more appropriate.
46 U.S.C. § 57532 (2024) — Title 46: SHIPPING / Chapter 575 / Subchapter III / Section 57532: Operation of experimental vessels
Operation of experimental vessels
Status: in_force

(a) Definition.—In this section, the term "experimental vessel" means a vessel owned by the United States Government (including a vessel in the National Defense Reserve Fleet) that has been constructed, reconditioned, or remodeled for experimental or testing purposes.

(b) Authority To Operate.—The Secretary of Transportation, for the purpose of practical development, trial, and testing, may operate an experimental vessel under a bareboat charter or general agency agreement in the foreign or domestic trade of the United States or for use for the account of a department or agency of the Government, without regard to other provisions of this subtitle and other laws related to chartering and general agency operations. Not more than 10 vessels may be operated and tested under this section in any one year.

(c) Terms of Operation.—Operation of a vessel under this section shall be on terms the Secretary considers appropriate to carry out the purposes of this subtitle. A bareboat charter under this section shall be at reasonable rates and include restrictions the Secretary considers appropriate to protect the public interest, including provisions for recapture of profits under section 57517 of this title. A charter or general agency agreement under this section shall be reviewed annually to determine whether conditions exist to justify continuance of the charter or agreement.

(d) Rights of Seamen.—A seaman engaged in vessel operations of the Secretary under this section and employed through a general agent in connection with a charter or agreement under this section is entitled to all the rights and remedies provided in sections 1(a) and (c), 3(c), and 4 of the Act of March 24, 1943 (50 U.S.C. 4701(a), (c), 4703(c), and 4704).

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1670; Pub. L. 115–232, div. C, title XXXV, §3546(u), Aug. 13, 2018, 132 Stat. 2327.)

Historical and Revision Notes

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

57532
46 App.:1205.
June 29, 1936, ch. 858, title VII, §715, as added July 11, 1956, ch. 574, 70 Stat. 531; Pub. L. 97–31, §12(117), Aug. 6, 1981, 95 Stat. 164.

Subsection (d) is substituted for "Those provisions of law prescribed or incorporated under section 1241a of this Appendix, which relate to vessel operating activities of the Secretary of Transportation and to employment of seamen through general agents, shall be applicable in connection with charters and agreements entered into under this section" for clarity.

Editorial Notes

Amendments

2018—Subsec. (d). Pub. L. 115–232 substituted "(50 U.S.C. 4701(a), (c), 4703(c), and 4704)" for "(50 App. U.S.C. 1291(a), (c), 1293(c), 1294)".
46 U.S.C. § 10321 (2024) — Title 46: SHIPPING / Chapter 103 / Section 10321: General penalty
General penalty
Status: in_force

(a) A person violating any provision of this chapter or a regulation prescribed under this chapter is liable to the United States Government for a civil penalty of not more than $5,000.

(b) The vessel is liable in rem for any penalty assessed under this section.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 569; Pub. L. 103–206, title IV, §412, Dec. 20, 1993, 107 Stat. 2437.)

Historical and Revision Notes

Revised sectionSource section (U.S. Code)

10321 
46:567
46:568

46:571

46:661

46:665

Section 10321 makes a vessel on which a seaman is carried to sea in violation of this chapter or regulation prescribed under this chapter liable in rem to the United States Government for a civil penalty of $200 for each seaman carried in violation.

Editorial Notes

Amendments

1993—Pub. L. 103–206 amended heading and text of section generally. Prior to amendment, text read as follows: "The owner, charterer, managing operator, agent, or master of a vessel on which a seaman is carried in violation of this chapter or a regulation prescribed under this chapter is liable to the United States Government for a civil penalty of $200 for each seaman carried in violation. The vessel also is liable in rem for the penalty."
46 U.S.C. § 30308 (2024) — Title 46: SHIPPING / Chapter 303 / Section 30308: Nonapplication
Nonapplication
Status: in_force

(a) State Law.—This chapter does not affect the law of a State regulating the right to recover for death.

(b) Internal Waters.—This chapter does not apply to the Great Lakes or waters within the territorial limits of a State.

(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)

30308
46 App.:767.
Mar. 30, 1920, ch. 111, §7, 41 Stat. 538.

In subsection (a), the words "law of a State" are substituted for "any State statute" for consistency in the revised title. The words "regulating the right to recover for death" are substituted for "giving or regulating rights of action or remedies for death" to eliminate unnecessary words.

In subsection (b), the words "or to any navigable waters in the Panama Canal Zone" are omitted because the Panama Canal Zone was transferred to the Republic of Panama.
46 U.S.C. § 51317 (2024) — Title 46: SHIPPING / Chapter 513 / Section 51317: Adjunct professors
Adjunct professors
Status: in_force

(a) In General.—The Maritime Administrator may establish a program for the purpose of contracting with individuals as personal services contractors to provide services as adjunct professors at the Academy, if the Maritime Administrator determines that there is a need for adjunct professors and the need is not of permanent duration.

(b) Contract Requirements.—Each contract under the program—

(1) must be approved by the Maritime Administrator;

(2) shall be for a duration, including options, of not to exceed one year unless the Maritime Administrator finds that exceptional circumstances justify an extension of up to one additional year; and

(3) shall be subject to the availability of appropriations.

(Added Pub. L. 111–84, div. C, title XXXV, §3503(a), Oct. 28, 2009, 123 Stat. 2719; amended Pub. L. 115–91, div. C, title XXXV, §3509, Dec. 12, 2017, 131 Stat. 1916.)

Editorial Notes

Amendments

2017—Subsec. (b)(1). Pub. L. 115–91, §3509(1)(A), struck out "and" at end.

Subsec. (b)(2). Pub. L. 115–91, §3509(1)(B), substituted "; and" for period at end.

Subsecs. (c), (d). Pub. L. 115–91, §3509(2), struck out subsecs. (c) and (d) which related to limitation on number of contractors and reporting requirements, respectively.
46 U.S.C. § 53404 (2024) — Title 46: SHIPPING / Chapter 534 / Section 53404: Effectiveness of operating agreements
Effectiveness of operating agreements
Status: in_force

(a) In General.—Subject to the availability of appropriations for such purpose, the Secretary may enter into an operating agreement under this chapter for fiscal year 2022 and any subsequent fiscal year. The agreement shall be effective only for 1 fiscal year, but shall be renewable, subject to the availability of appropriations, for each fiscal year through the end of fiscal year 2040.

(b) Vessels Under Charter to the United States.—Any vessel under long term charter to the United States is not eligible to participate in the Fleet.

(c) Termination.—

(1) Termination by secretary for lack of program participant compliance.—If the program participant with respect to an operating agreement materially fails to comply with the terms of the agreement—

(A) the Secretary shall notify the program participant and provide a reasonable opportunity to comply with the operating agreement; and

(B) the Secretary shall terminate the operating agreement if the program participant fails to achieve such compliance.

(2) Termination by program participant.—If a program participant provides notice of the intent to terminate an operating agreement under this chapter on a date specified by not later than 60 days prior to the date specified by the program participant for such termination, such agreement shall terminate on the date specified by the program participant.

(d) Nonrenewal for Lack of Funds.—If, by the first day of a fiscal year, sufficient funds have not been appropriated under the authority provided by this chapter for that fiscal year, then the Secretary shall notify the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives that operating agreements authorized under this chapter for which sufficient funds are not available will not be renewed for that fiscal year if sufficient funds are not appropriated by the 60th day of that fiscal year.

(e) Release of Vessels From Obligations.—If funds are not appropriated for payments under an operating agreement under this chapter for any fiscal year by the 60th day of that fiscal year, then—

(1) each vessel covered by the operating agreement is thereby released from any further obligation under the operating agreement;

(2) the program participant for the vessel may transfer and register such vessel under a foreign registry that is acceptable to the Secretary of Transportation and the Secretary of Defense, notwithstanding section 56101 of this title; and

(3) if chapter 563 of this title is applicable to the vessel after registration, then the vessel is available to be requisitioned by the Secretary pursuant to chapter 563 of this title.

(Added Pub. L. 116–283, div. C, title XXXV, §3511(a), Jan. 1, 2021, 134 Stat. 4413; amended Pub. L. 117–81, div. C, title XXXV, §3515(b), Dec. 27, 2021, 135 Stat. 2243; Pub. L. 118–159, div. C, title XXXV, §3531(a), Dec. 23, 2024, 138 Stat. 2312.)

Editorial Notes

Amendments

2024—Subsec. (a). Pub. L. 118–159 substituted "2040" for "2035".

2021—Subsec. (b). Pub. L. 117–81 substituted "Any" for "The program participant of a", inserted "long term" before "charter" and "not" before "eligible", and substituted "participate in the Fleet" for "receive payments pursuant to any operating agreement that covers such vessel".
46 U.S.C. § 5101 (2024) — Title 46: SHIPPING / Chapter 51 / Section 5101: Definitions
Definitions
Status: in_force

In this chapter—

(1) "domestic voyage" means movement of a vessel between places in, or subject to the jurisdiction of, the United States, except movement between—

(A) a place in a territory or possession of the United States or the Trust Territory of the Pacific Islands; and

(B) a place outside that territory, possession, or Trust Territory.

(2) "economic benefit of the overloading" means the amount obtained by multiplying the weight of the overload (in tons) by the lesser of—

(A) the average freight rate value of a ton of the vessel's cargo for the voyage; or

(B) $50.

(3) "existing vessel" means—

(A) a vessel on a domestic voyage, the keel of which was laid, or that was at a similar stage of construction, before January 1, 1986; and

(B) a vessel on a foreign voyage, the keel of which was laid, or that was at a similar stage of construction, before July 21, 1968.

(4) "freeboard" means the distance from the mark of the load line assigned under this chapter to the freeboard deck.

(5) "freeboard deck" means the deck or other structure the Secretary prescribes by regulation.

(6) "minimum safe freeboard" means the freeboard that the Secretary decides cannot be reduced safely without limiting the operation of the vessel.

(7) "weight of the overload" means the amount obtained by multiplying the number of inches that the vessel is submerged below the applicable assigned freeboard by the tons-an-inch immersion factor for the vessel at the assigned minimum safe freeboard.

(Pub. L. 99–509, title V, §5101(2), Oct. 21, 1986, 100 Stat. 1913.)

Historical and Revision Notes

Revised section 5101

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

Section 5101 contains definitions that are limited to Chapter 51—Load Lines. Existing Section 46 App. U.S.C. 86a (which defines only the terms "new ship" and "existing ship") will be replaced by section 5101. Definitions of technical terms ("freeboard", "freeboard deck", and "minimum safe freeboard") have been added for clarity. The definition of the term "new ship" has been deleted because the term is not used in Chapter 51. The definition of "domestic voyage" includes the phrase "places in or subject to the jurisdiction of the United States." "Places subject to the jurisdiction of the United States" include deep water ports, production platforms, mining sites outside of territorial waters of the United States but within the United States' Exclusive Economic Zone (EEZ) that was established by Presidential Proclamation 5030, dated March 10, 1983, or on the outer continental shelf. The phrases "economic benefit of overloading" and "weight of the overload" have been defined for purposes of establishing a standard method of determining the value of the cargo with which a vessel is overloaded. The value of the cargo will in turn affect the maximum penalty assessed for overloading the vessel. The definition of "freeboard deck" provides the Secretary with the authority to designate as the freeboard deck either the actual deck (on standard vessels) or another structure (on non-standard vessels). Non-standard vessels, for which this regulatory flexibility is necessary, include shelter deck vessels, semi-submersible multi-hull units, container ships, surface effect vessels, and commercial submarines.

Executive Documents

Termination of Trust Territory of the Pacific Islands

For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.