dreamproit/uscode huggingface dataset:
46 U.S.C. § 12133 (SHIPPING)
§ 12133. Duty to carry certificate on vessel and allow examination
(a) Duty To Carry.—
The certificate of documentation of a vessel shall be carried on the vessel unless the vessel is exempt by regulation from carrying the certificate.
(b) Availability.—
The owner or individual in charge of a vessel required to carry its certificate of documentation shall make the certificate available for examination at the request of an officer enforcing the revenue laws or as otherwise required by law or regulation.
(c) Criminal Penalty.—
A person willfully violating subsection (b) shall be fined under title 18, imprisoned for not more than one year, or both.
(Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1505.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
12133
46:12103(e).
46 App.:277.
R.S. § 4336; Aug. 5, 1935, ch. 438, title III, § 312, 49 Stat. 528; Pub. L. 85–237, § 2, Aug. 30, 1957, 71 Stat. 518; Pub. L. 103–182, title VI, § 686(a)(5), Dec. 8, 1993, 107 Stat. 2220.
This section consolidates and clarifies the requirements contained in the source provisions. The specific civil penalties are omitted as unnecessary because of the general civil penalty in section 12151(a) of the revised title. See also 19 U.S.C. 1581.
46 U.S.C. § 12134 (SHIPPING)
§ 12134. Evidentiary uses of documentation
A certificate of documentation is—
(1) conclusive evidence of nationality for international purposes, but not in a proceeding conducted under the laws of the United States;
(2) conclusive evidence of qualification to engage in a specified trade; and
(3) not conclusive evidence of ownership in a proceeding in which ownership is in issue.
(Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1506.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
12134
46:12104.
46 U.S.C. § 12135 (SHIPPING)
§ 12135. Invalidation of certificates of documentation
A certificate of documentation or an endorsement on the certificate is invalid if the vessel for which it is issued—
(1) no longer meets the requirements of this chapter and regulations prescribed under this chapter applicable to the certificate or endorsement; or
(2) is placed under the command of an individual not a citizen of the United States in violation of section 12131 of this title.
(Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1506.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
12135
46:12111(a).
In paragraph (2), the words “except for a recreational endorsement” are omitted as unnecessary because a recreational endorsement does not permit a vessel to engage in a trade.
46 U.S.C. § 12136 (SHIPPING)
§ 12136. Surrender of certificates of documentation
(a) Surrender.—
An invalid certificate of documentation, or a certificate with an invalid endorsement, shall be surrendered as provided by regulations prescribed by the Secretary.
(b) Conditions for Surrender.—
(1) Vessels over 1,000 tons.—
The Secretary may condition approval of the surrender of the certificate of documentation for a vessel over 1,000 gross tons.
(2) Vessels covered by mortgage.—
The Secretary may approve the surrender of the certificate of documentation of a vessel covered by a mortgage filed or recorded under section 31321 of this title only if the mortgagee consents.
(3) Notice of lien.—
The Secretary may not refuse to approve the surrender of the certificate of documentation for a vessel solely on the basis that a notice of a claim of a lien on the vessel has been recorded under section 31343(a) of this title.
(c) Continued Application of Certain Laws.—
(1) In general.—
Notwithstanding subsection (a), until the certificate of documentation is surrendered with the approval of the Secretary, a documented vessel is deemed to continue to be documented under this chapter for purposes of—
(A) chapter 313 of this title for an instrument filed or recorded before the date of invalidation and an assignment after that date;
(B) sections 56101 and 56102(a)(2) and chapter 563 of this title; and
(C) any other law of the United States identified by the Secretary by regulation as a law to which the Secretary applies this subsection.
(2) Exception.—
This subsection does not apply when a vessel is forfeited or sold by order of a district court of the United States.
(Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1506.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
12136(a)
46:12111(b).
12136(b)(1)
46:12111(d)(2).
12136(b)(2)
46:12111(c)(3).
12136(b)(3)
46:12111(d)(1).
12136(c)(1)
46:12111(c)(1).
12136(c)(2)
46:12111(c)(2).
In subsection (a), the words “or a certificate with an invalid endorsement” are added for clarity.
heading: Documentation Surrender and Invalidation
text: Pub. L. 101–225, title III, § 301(b), Dec. 12, 1989, 103 Stat. 1922, provided that:
“Section 12111(c)(3) [now section 12136(b)(2)] of title 46, United States Code, does not apply to a mortgage that—
“(1) was filed or recorded before January 1, 1989; and
“(2) was not a preferred mortgage (as that term is defined in section 31301(6) of that title) on that date.”
46 U.S.C. § 12137 (SHIPPING)
§ 12137. Recording of vessels built in the United States
The Secretary may provide for recording and certifying information about vessels built in the United States that the Secretary considers to be in the public interest.
(Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1507.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
12137
46:12117.
46 U.S.C. § 12138 (SHIPPING)
§ 12138. List of documented vessels
(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.)
text: 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. § 12140 (SHIPPING)
§ 12140. Investigations by Secretary
(a) In General.—
The Secretary may conduct investigations and inspections regarding compliance with this chapter and regulations prescribed under this chapter.
(b) Authority To Obtain Evidence.—
(1) In general.—
For the purposes of any investigation conducted under this section, the Secretary may issue a subpoena to require the attendance of a witness or the production of documents or other evidence relevant to the matter under investigation if—
(A) before the issuance of the subpoena, the Secretary requests a determination by the Attorney General as to whether the subpoena—
(i) is reasonable; and
(ii) will interfere with a criminal investigation; and
(B) the Attorney General—
(i) determines that the subpoena is reasonable and will not interfere with a criminal investigation; or
(ii) fails to make a determination with respect to the subpoena before the date that is 30 days after the date on which the Secretary makes a request under subparagraph (A) with respect to the subpoena.
(2) Enforcement.—
In the case of a refusal to obey a subpoena issued to any person under this section, the Secretary may invoke the aid of the appropriate district court of the United States to compel compliance.
(Added Pub. L. 112–213, title III, § 308(a), Dec. 20, 2012, 126 Stat. 1566.)
46 U.S.C. § 12152 (SHIPPING)
§ 12152. Denial or revocation of endorsement for non-payment of civil penalty
If the owner of a vessel fails to pay a civil penalty imposed by the Secretary, the Secretary may deny the issuance or renewal of an endorsement, or revoke the endorsement, on a certificate of documentation issued for the vessel under this chapter.
(Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1508.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
12152
46:12123.
46 U.S.C. § 12301 (SHIPPING)
§ 12301. Numbering vessels
(a) An undocumented vessel equipped with propulsion machinery of any kind shall have a number issued by the proper issuing authority in the State in which the vessel principally is operated.
(b) The Secretary shall require an undocumented barge more than 100 gross tons operating on the navigable waters of the United States to be numbered.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 590; Pub. L. 102–587, title V, § 5305, Nov. 4, 1992, 106 Stat. 5083.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
12301
46:1466
Section 12301 requires that undocumented vessels that are propelled by machinery be issued an identification number by the proper issuing authority in the State in which the vessel is primarily operated.
heading: Amendments
text: 1992—Pub. L. 102–587 designated existing provisions as subsec. (a) and added subsec. (b).
46 U.S.C. § 12302 (SHIPPING)
§ 12302. Standard numbering system
(a) The Secretary shall prescribe by regulation a standard numbering system for vessels to which this chapter applies. On application by a State, the Secretary shall approve a State numbering system that is consistent with the standard numbering system. In carrying out its numbering system, a State shall adopt any definitions of relevant terms prescribed by regulations of the Secretary.
(b) A State with an approved numbering system is the issuing authority within the meaning of this chapter. The Secretary is the issuing authority in a State in which a State numbering system has not been approved.
(c) When a vessel is numbered in a State, it is deemed in compliance with the numbering system of a State in which it temporarily is operated.
(d) When a vessel is removed to a new State of principal operation, the issuing authority of that State shall recognize the validity of the number issued by the original State for 60 days.
(e) If a State has a numbering system approved after the Secretary issues a number, the State shall recognize the validity of the number issued by the Secretary for one year.
(f) When the Secretary decides that a State numbering system is not being carried out consistent with the standard numbering system or the State has changed the system without the Secretary’s approval, the Secretary may withdraw approval after giving notice to the State, in writing, stating the reasons for the withdrawal.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 590.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
12302
46:1467
Section 12302 provides for a standard numbering system for undocumented vessels and for approval of State numbering systems by the Secretary. It also requires that a State, when implementing its numbering system, adopt any relevant terms required by the Secretary. In States without approved numbering systems, the Federal Government issues the numbers. This section also provides for the operation of a vessel in a State other than the one in which it was numbered.
46 U.S.C. § 12303 (SHIPPING)
§ 12303. Exemption from numbering requirements
(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.)
text: Historical and Revision Notes
Revised section
Source 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. § 12304 (SHIPPING)
§ 12304. Certificates of numbers
(a) A certificate of number is granted for a number issued under this chapter. The certificate shall be pocketsized, shall be at all times available for inspection on the vessel for which issued when the vessel is in operation, and may be valid for not more than 3 years. The certificate of number for a vessel less than 26 feet in length and leased or rented to another for the latter’s noncommercial operation of less than 7 days may be retained on shore by the vessel’s owner or representative at the place from which the vessel departs or returns to the possession of the owner or the owner’s representative. A vessel that does not have the certificate of number on board shall be identified when in operation, and comply with requirements, as the issuing authority prescribes.
(b) The owner of a vessel numbered under this chapter shall provide—
(1) the issuing authority notice of the transfer of any part of the owner’s interest in the vessel or of the destruction or abandonment of the vessel, within a reasonable time after the transfer, destruction, or abandonment; and
(2) notice of a change of address within a reasonable time of the change, as prescribed by regulation.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 591.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
12304
46:1469
Section 12304 describes a certificate of number and stipulates when it must be carried on board a vessel. It also requires that the number issuing authority be notified when a boat is sold, transferred, destroyed, or abandoned, or when the owner’s address changes.
46 U.S.C. § 12305 (SHIPPING)
§ 12305. Displaying numbers
A number required by this chapter shall be painted on, or attached to, each side of the forward half of the vessel for which it was issued, and shall be the size, color, and type as may be prescribed by the Secretary. No other number may be carried on the forward half of the vessel.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 591.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
12305
46:1470
Section 12305 describes the manner in which a number must be displayed on a vessel, and prohibits the display of other numbers on the forward half of the vessel.
46 U.S.C. § 12306 (SHIPPING)
§ 12306. Safety certificates
When a State is the authority issuing a number under this chapter, it may require that the individual in charge of a numbered vessel have a valid safety certificate issued under conditions set by the issuing authority, except when the vessel is subject to manning requirements under part F of this subtitle.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 591.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
12306
46:1471
Section 12306 authorizes a State that is an issuing authority to require a numbered vessel operator to hold a valid safety certificate, unless the vessel is subject to manning requirements under part F of this subtitle.
46 U.S.C. § 12307 (SHIPPING)
§ 12307. Regulations on numbering and fees
The authority issuing a number under this chapter may prescribe regulations and establish fees to carry out the intent of this chapter. The fees shall apply equally to residents and nonresidents of the State. A State issuing authority may impose only conditions for vessel numbering that are—
(1) prescribed by this chapter or regulations of the Secretary about the standard numbering system; or
(2) related to proof of payment of State or local taxes.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 591.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
12307
46:1472
Section 12307 provides the States or the Secretary with the authority to prescribe regulations and establish fees for carrying out the requirements of this chapter. The fee must apply equally to residents and nonresidents of the State in which the vessel is numbered.
46 U.S.C. § 12308 (SHIPPING)
§ 12308. Providing vessel numbering and registration information
A person may request from an authority issuing a number under this chapter the numbering and registration information of a vessel that is retrievable from vessel numbering system records of the issuing authority. When the issuing authority is satisfied that the request is reasonable and related to a boating safety purpose, the information shall be provided on paying the cost of retrieving and providing the information requested.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 592.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
12308
46:1473
Section 12308 requires the number issuing authority to supply for a fee, numbering and registration information to any person, upon request, if the request is reasonable and related to boating safety.
46 U.S.C. § 12309 (SHIPPING)
§ 12309. Penalties
(a) A person willfully violating this chapter or a regulation prescribed under this chapter shall be fined not more than $5,000, imprisoned for not more than one year, or both.
(b) A person violating this chapter or a regulation prescribed under this chapter is liable to the United States Government for a civil penalty of not more than $1,000. If the violation involves the operation of a vessel, the vessel also is liable in rem for the penalty.
(c) When a civil penalty of not more than $200 has been assessed under this chapter, the Secretary may refer the matter of collection of the penalty directly to the United States magistrate judge of the jurisdiction in which the person liable may be found for collection procedures under supervision of the district court and under an order issued by the court delegating this authority under section 636(b) of title 28.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 592; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
12309(a)
46:1483
12309(b)
46:1484(b)
12309(c)
46:1484(d)
Section 12309 provides for civil and criminal penalties for violation of the vessel numbering provisions in this title.
heading: Change of Name
text: “United States magistrate judge” substituted for “United States magistrate” in subsec. (c) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
46 U.S.C. § 12502 (SHIPPING)
§ 12502. Identification numbers, signal letters, and markings
(a) For the identification of a vessel of the United States, the Secretary of Transportation—
(1) shall maintain a unique numbering system and assign a number to each vessel of the United States;
(2) may maintain a system of signal letters for a documented vessel;
(3) shall record a name selected by the owner of a documented vessel approved by the Secretary as the vessel’s name of record; and
(4) may establish other identification markings.
(b) The manufacturer or owner of a vessel shall affix to the vessel and maintain in the manner prescribed by the Secretary the number assigned and any other markings the Secretary may require.
(c) Once a number is assigned under this section, it may not be used by another vessel.
(d) Once a documented vessel’s name is established, the name may not be changed without the approval of the Secretary.
(e) A person may not tamper with or falsify a number or other marking required under this section.
(Added Pub. L. 100–710, title I, § 101(a), Nov. 23, 1988, 102 Stat. 4736.)
heading: Historical and Revision Notes
text: Revised section 12502
Subsection (a) of this section requires the Secretary to maintain a unique numbering system for vessels of the United States. The Secretary may use existing vessel numbering systems such as the hull identification number for this purpose, but must ensure that no two existing vessels of the United States have the same number. The Secretary should consider and propose the use of a 17-digit number to implement this requirement. This subsection also requires the Secretary to maintain a system of signal letters and to record vessel names for documented vessels. The Secretary is authorized to establish other vessel identification markings for vessels of the United States, such as hailing ports.
Subsections (b), (c), (d), and (e) contain other requirements and restrictions concerning vessel identification markings.
This section consolidates the requirements of sections 12114, 12115, 12116, and 12118 of title 46. For this reason, section 106 of this bill repeals those sections.
heading: Vessels Not Having Unique Number; Applicability of Provisions for Number Assignment
text: Pub. L. 100–710, title I, § 104(f), Nov. 23, 1988, 102 Stat. 4751, provided that:
“Section 12502(a)(1) of title 46, United States Code (as enacted by section 101 of this Act), applies to a vessel of the United States that does not have a unique number as prescribed by the Secretary of Transportation under that section until the earlier of the following:
“(1) the next time the vessel is documented, numbered, or titled.
“(2) January 1, 1995.”
46 U.S.C. § 12504 (SHIPPING)
§ 12504. Information available from the system
For law enforcement or other purposes and under conditions prescribed by the Secretary of Transportation, the Secretary—
(1) shall make available information in the vessel identification system to a State making information available under section 12503(a) of this title; and
(2) may make available information in the vessel identification system to others.
(Added Pub. L. 100–710, title I, § 101(a), Nov. 23, 1988, 102 Stat. 4736; amended Pub. L. 101–225, title III, § 302(3), Dec. 12, 1989, 103 Stat. 1923.)
heading: Historical and Revision Notes
text: Revised section 12504
This section requires that the Secretary make available information maintained in the vessel identification system to a State participating in the system for law enforcement or other purposes. The Secretary may make available information in the system to others, under conditions the Secretary may prescribe. At first, the Secretary may elect to deal only with the States. However, the Committee firmly expects that information will be made available through computer terminals in satellite offices or direct computer access by modem. In this manner, boating organizations or financial or documentation services could retrieve data without paper transactions for a fee.
heading: Amendments
text: 1989—Pub. L. 101–225 substituted “Secretary of Transportation, the Secretary” for “Secretary, the Secretary of Transportation”.
46 U.S.C. § 12506 (SHIPPING)
§ 12506. Delegation of authority
The Secretary of Transportation may delegate to an agency, a State, or a qualified person the authority to—
(1) establish and maintain the vessel identification system; and
(2) charge fees under section 12505 of this title to a person making information available to or requesting information from the vessel identification system.
(Added Pub. L. 100–710, title I, § 101(a), Nov. 23, 1988, 102 Stat. 4737.)
heading: Historical and Revision Notes
text: Revised section 12506
This section allows the Secretary to delegate the authority to establish and maintain the vessel identification system to an agency, a State, or a qualified person. The Secretary may also delegate the authority to charge fees under section 12505 for requesting information from or making information available to the vessel identification system.