dreamproit/uscode huggingface dataset:
46 U.S.C. § 14504 (SHIPPING)
§ 14504. Remeasurement
(a) To the extent necessary, the Secretary shall remeasure a vessel to which this chapter applies if—
(1) the Secretary or the owner alleges an error in its measurement;
(2) the vessel or the use of its space is changed in a way that substantially affects its tonnage;
(3) after being measured under subchapter III of this chapter, the vessel becomes subject to subchapter II of this chapter because the vessel or its use is changed; or
(4) although not required to be measured under subchapter II of this chapter, the vessel was measured under subchapter II and the owner requests that the vessel be measured under subchapter III of this chapter.
(b) Except as provided in this section and chapter 143 of this title, a vessel that has been measured does not have to be remeasured to obtain another document or endorsement under chapter 121 of this title.
(Pub. L. 99–509, title V, § 5101(3), Oct. 21, 1986, 100 Stat. 1923.)
heading: Historical and Revision Notes
text: Revised section 14504
Source: Section (U.S. Code) 46 App. U.S.C. 71.
Section 14504(a) provides that the Secretary shall remeasure a vessel that has been measured under the regulatory measurement system if either the Secretary or the owner alleges an error in its measurement; if the vessel, or its use, undergoes a substantial change affecting its tonnage; if the vessel loses its eligibility for measurement under the simplified system because of a change in the vessel or its use; or if the vessel owner requests that the vessel be measured under the simplified system after having been measured under the standard regulatory measurement system. Section 14504(b) provides that a vessel that has been measured does not have to be remeasured to obtain another document or endorsement under chapter 121—“Documentation of Vessels”—except as provided above or in chapter 143 of this subtitle.
46 U.S.C. § 14511 (SHIPPING)
§ 14511. Application
This subchapter applies to a vessel described in section 14501 of this title if—
(1) the owner requests; or
(2) the vessel is—
(A) self-propelled;
(B) at least 24 meters (79 feet) overall in length; and
(C) not operated only for pleasure.
(Pub. L. 99–509, title V, § 5101(3), Oct. 21, 1986, 100 Stat. 1924.)
heading: Historical and Revision Notes
text: Revised section 14511
Source: Section (U.S. Code) 46 App. U.S.C. 71.
Section 14511 lists the types of vessels that are to be measured under the standard regulatory measurement system. They are vessels for which the owner requests a standard measurement or vessels which are self-propelled, at least 79 feet in length, and not operated only for pleasure.
46 U.S.C. § 14512 (SHIPPING)
§ 14512. Standard tonnage measurement
(a) The Secretary shall prescribe regulations for measuring the gross and net tonnages of a vessel under this subchapter. The regulations shall provide for tonnages comparable to the tonnages that could have been assigned under sections 4151 and 4153 of the Revised Statutes of the United States, as sections 4151 and 4153 existed immediately before the enactment of this section.
(b) On application of the owner or master of a vessel of the United States used in foreign trade, the Secretary may attach an appendix to the vessel’s register stating the measurement of spaces that may be deducted from gross tonnage under laws and regulations of other countries but not under those of the United States.
(Pub. L. 99–509, title V, § 5101(3), Oct. 21, 1986, 100 Stat. 1924.)
heading: Historical and Revision Notes
text: Revised section 14512
Source: Section (U.S. Code) 46 App. U.S.C. 75, 77.
Section 14512(a) requires the Secretary to prescribe regulations for regulatory measurement systems. It further provides that the regulations must allow for the determination of tonnages similar to those that could have been found under the existing law (46 App. U.S.C. 75 & 77).
Section 14512(b) authorizes the Secretary to attach an appendix to a vessel’s register stating the measurement of spaces that may be deducted from the gross tonnage under laws and regulations of other countries but not under the laws of the United States.
heading: References in Text
text: Sections 4151 and 4153 of the Revised Statutes, referred to in subsec. (a), were classified to sections 75 and 77, respectively, of the former Appendix to this title and were repealed by Pub. L. 99–509, title V, § 5104(b), Oct. 21, 1986, 100 Stat. 1928.
46 U.S.C. § 14513 (SHIPPING)
§ 14513. Dual tonnage measurement
(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.)
heading: Historical and Revision Notes
text: 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.
heading: References in Text
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.
heading: Amendments
text: 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. § 14514 (SHIPPING)
§ 14514. Reciprocity for foreign vessels
For a foreign vessel not measured under chapter 143, if the Secretary finds that the laws and regulations of a foreign country related to measurement of vessels are substantially similar to those of this chapter and the regulations prescribed under this chapter, the Secretary may accept the measurement and certificate of a vessel of that foreign country as complying with this chapter and the regulations prescribed under this chapter.
(Added Pub. L. 111–281, title III, § 303(i), Oct. 15, 2010, 124 Stat. 2925.)
46 U.S.C. § 14521 (SHIPPING)
§ 14521. Application
This subchapter applies to a vessel described in section 14501 of this title that is not measured under subchapter II of this chapter.
(Pub. L. 99–509, title V, § 5101(3), Oct. 21, 1986, 100 Stat. 1925.)
heading: Historical and Revision Notes
text: Revised section 14521
Source: Section (U.S. Code) 46 App. U.S.C. 71.
Section 14521 provides that vessels that are to be measured under the regulatory measurement system in this chapter, but are not measured under the standard regulatory measurement system in subchapter II, shall be measured under the simplified measurement system.
46 U.S.C. § 14522 (SHIPPING)
§ 14522. Measurement
(a) In this section, “length” means the horizontal distance of the hull between the foremost part of the stem and the aftermost part of the stern, excluding fittings and attachments.
(b)
(1) The Secretary shall assign gross and net tonnages to a vessel based on its length, breadth, depth, other dimensions, and appropriate coefficients.
(2) The Secretary shall prescribe the way dimensions (except length) are measured and which coefficients are appropriate.
(c) The resulting gross tonnages, taken as a group, reasonably shall reflect the relative internal volumes of the vessels measured under this subchapter. The resulting net tonnages shall be in approximately the same ratios to corresponding gross tonnages as are the net and gross tonnages of comparable vessels measured under subchapter II of this chapter.
(d) Under regulations prescribed by the Secretary, the Secretary may determine the gross and net tonnages of a vessel representative of a designated class, model, or type, and then assign those gross and net tonnages to other vessels of the same class, model, or type.
(Pub. L. 99–509, title V, § 5101(3), Oct. 21, 1986, 100 Stat. 1925.)
heading: Historical and Revision Notes
text: Revised section 14522
Source: Section (U.S. Code) 46 App. U.S.C. 71.
Section 14522(a) defines the term “length” as it is used in the simplified measurement system.
Section 14522(b) requires the Secretary to assign gross and net tonnages under the simplified system, based on a vessel’s length, breadth, depth, other dimensions and appropriate coefficients, as the Secretary deems appropriate.
Section 14522(c) provides that the gross tonnages as measured under this section shall reflect the relative internal volumes of vessels. It provides further that the net tonnages measured under this section shall be in approximately the same ratio to corresponding gross tonnages as are the net and gross tonnages of comparable vessels measured under the standard regulatory measurement system.
46 U.S.C. § 14701 (SHIPPING)
§ 14701. General violation
The owner, charterer, managing operator, agent, master, and individual in charge of a vessel violating this part or a regulation prescribed under this part are each liable to the United States Government for a civil penalty of not more than $20,000. Each day of a continuing violation is a separate violation. The vessel also is liable in rem for the penalty.
(Pub. L. 99–509, title V, § 5101(3), Oct. 21, 1986, 100 Stat. 1925.)
heading: Historical and Revision Notes
text: Revised section 14701
Source: Section (U.S. Code) 46 App. U.S.C. 83j.
Section 14701 provides that the owner, charterer, managing operator, agent, master, and individual in charge of a vessel violating Part J—Measurement of Vessels—are each liable to the U.S. Government for a civil penalty of not more than $20,000. It also provides that the vessel is liable in rem for the penalty and that each day of a continuing violation is a separate violation.
46 U.S.C. § 14702 (SHIPPING)
§ 14702. False statements
A person knowingly making a false statement or representation in a matter in which a statement or representation is required by this part or a regulation prescribed under this part is liable to the United States Government for a civil penalty of not more than $20,000 for each false statement or representation. The vessel also is liable in rem for the penalty.
(Pub. L. 99–509, title V, § 5101(3), Oct. 21, 1986, 100 Stat. 1925.)
heading: Historical and Revision Notes
text: Revised section 14702
Source: Section (U.S. Code) 46 App. U.S.C. 83i.
Section 14702 provides that a person knowingly making a false statement or representation in a matter in which a statement or representation is required by this part or a regulation prescribed under this part is liable to the United States Government for a civil penalty of not more than $20,000 for each false statement or representation. It further provides that the vessel is liable in rem for the penalty. This penalty is increased from $1,000 in existing law and conforms with the level of similar penalties throughout the subtitle.
46 U.S.C. § 30101 (SHIPPING)
§ 30101. Extension of jurisdiction to cases of damage or injury on land
(a) In General.—
The admiralty and maritime jurisdiction of the United States extends to and includes cases of injury or damage, to person or property, caused by a vessel on navigable waters, even though the injury or damage is done or consummated on land.
(b) Procedure.—
A civil action in a case under subsection (a) may be brought in rem or in personam according to the principles of law and the rules of practice applicable in cases where the injury or damage has been done and consummated on navigable waters.
(c) Actions Against United States.—
(1) Exclusive remedy.—
In a civil action against the United States for injury or damage done or consummated on land by a vessel on navigable waters, chapter 309 or 311 of this title, as appropriate, provides the exclusive remedy.
(2) Administrative claim.—
A civil action described in paragraph (1) may not be brought until the expiration of the 6-month period after the claim has been presented in writing to the agency owning or operating the vessel causing the injury or damage.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1509.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
30101
46 App.:740.
June 19, 1948, ch. 526, 62 Stat. 496.
In subsections (b) and (c), the words “civil action” are substituted for “suit” for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).
In subsection (c)(1), the words “for all causes of action arising after June 19, 1948, and for all causes of action where suit has not been hitherto filed under the Federal Tort Claims Act” are omitted as obsolete.
heading: Prior Provisions
text: A prior section 30101, Pub. L. 100–710, title I, § 102(c), Nov. 23, 1988, 102 Stat. 4738, provided definitions for purposes of this subtitle, prior to repeal by Pub. L. 109–304, § 6(b), Oct. 6, 2006, 120 Stat. 1509.
heading: Short Title
text: This section is popularly known as the Admiralty Extension Act.
46 U.S.C. § 30102 (SHIPPING)
§ 30102. Liability to passengers
(a) Liability.—
The owner and master of a vessel, and the vessel, are liable for personal injury to a passenger or damage to a passenger’s baggage caused by—
(1) a neglect or failure to comply with part B or F of subtitle II of this title; or
(2) a known defect in the steaming apparatus or hull of the vessel.
(b) Not Subject to Limitation.—
A liability imposed under this section is not subject to limitation under chapter 305 of this title.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1509.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
30102
46 App.:491 (words before semicolon).
R.S. § 4493 (words before semicolon).
In subsection (a), before paragraph (1), the words “or either of them” are omitted as unnecessary. The words “are liable for personal injury to a passenger or damage to a passenger’s baggage” are substituted for “Whenever damage is sustained by any passenger or his baggage” and “shall be liable to each and every person so injured” for clarity and to eliminate unnecessary words. The words “from explosion, fire, collision, or other cause” are omitted as unnecessary. The words “caused by” are substituted for “if it happens through” to eliminate unnecessary words. In paragraph (1), the words “part B or F of subtitle II of this title” are substituted for “title 52 of the Revised Statutes” because of the prior codification of subtitle II of title 46. In paragraph (2), the word “imperfections” is omitted as included in “defect”.
Subsection (b) is substituted for “to the full amount of damage” for clarity. See Hines v. Butler, 278 F. 877, 880, 881 (4th Cir. 1921), cert. denied, 257 U.S. 659 (1922); The Annie Faxon, 75 F. 312, 317–319 (9th Cir. 1896).
46 U.S.C. § 30103 (SHIPPING)
§ 30103. Liability of master, mate, engineer, and pilot
A person may bring a civil action against a master, mate, engineer, or pilot of a vessel, and recover damages, for personal injury or loss caused by the master’s, mate’s, engineer’s, or pilot’s—
(1) negligence or willful misconduct; or
(2) neglect or refusal to obey the laws governing the navigation of vessels.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1510.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
30103
46 App.:491 (words after semicolon).
R.S. § 4493 (words after semicolon).
Before paragraph (1), the words “bring a civil action” are substituted for “sue” for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). In paragraph (1), the word “carelessness” is omitted as included in “negligence”.
46 U.S.C. § 30104 (SHIPPING)
§ 30104. Personal injury to or death of seamen
A seaman injured in the course of employment or, if the seaman dies from the injury, the personal representative of the seaman may elect to bring a civil action at law, with the right of trial by jury, against the employer. Laws of the United States regulating recovery for personal injury to, or death of, a railway employee apply to an action under this section.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1510; Pub. L. 110–181, div. C, title XXXV, § 3521(a), Jan. 28, 2008, 122 Stat. 596.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
30104(a)
46 App.:688(a) (1st sentence).
Mar. 4, 1915, ch. 153, § 20(a), 38 Stat. 1185; June 5, 1920, ch. 250, § 33, 41 Stat. 1007; Pub. L. 97–389, title V, § 503(a)(1), Dec. 29, 1982, 96 Stat. 1955.
30104(b)
46 App.:688(a) (last sentence).
In subsection (a), the words “A seaman injured in the course of employment or, if the seaman dies from the injury, the personal representative of the seaman” are substituted for “Any seaman who shall suffer personal injury in the course of his employment” and “in case of the death of any seaman as a result of any such personal injury the personal representative” to eliminate unnecessary words. The words “bring a civil action” are substituted for “maintain an action” for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words “for damages” are omitted as unnecessary. The words “against the employer” are added for clarity. The words “Laws of the United States regulating recovery for personal injury to, or death of, a railway employee” are substituted for “all statutes of the United States modifying or extending the common-law right or remedy in cases of personal injury to railway employees” and “all statutes of the United States conferring or regulating the right of action for death in the case of railway employees” to eliminate unnecessary words.
In subsection (b), the words “An action under this section shall be brought” are substituted for “Jurisdiction in such actions shall be under” because 46 App. U.S.C. 688(a) (last sentence) provides for venue, not jurisdiction. Panama R.R. Co. v. Johnson, 264 U.S. 375 (1924). As to the relationship between 46 App. U.S.C. 688(a) (last sentence) and 28 U.S.C. 1391(c), see Pure Oil Co. v. Suarez, 384 U.S. 202 (1966).
heading: Amendments
text: 2008—Pub. L. 110–181 struck out subsec. (a) designation and heading before “A seaman injured” and struck out heading and text of subsec. (b). Text read as follows: “An action under this section shall be brought in the judicial district in which the employer resides or the employer’s principal office is located.”
heading: Effective Date of 2008 Amendment
text: Pub. L. 110–181, div. C, title XXXV, § 3521(b), Jan. 28, 2008, 122 Stat. 596, provided that: “The amendment made by subsection (a) [amending this section] shall be effective as if included in the enactment of Public Law 109–304.”
46 U.S.C. § 30105 (SHIPPING)
§ 30105. Restriction on recovery by non-citizens and non-resident aliens for incidents in waters of other countries
(a) Definition.—
In this section, the term “continental shelf” has the meaning given that term in article I of the 1958 Convention on the Continental Shelf.
(b) Restriction.—
Except as provided in subsection (c), a civil action for maintenance and cure or for damages for personal injury or death may not be brought under a maritime law of the United States if—
(1) the individual suffering the injury or death was not a citizen or permanent resident alien of the United States at the time of the incident giving rise to the action;
(2) the incident occurred in the territorial waters or waters overlaying the continental shelf of a country other than the United States; and
(3) the individual suffering the injury or death was employed at the time of the incident by a person engaged in the exploration, development, or production of offshore mineral or energy resources, including drilling, mapping, surveying, diving, pipelaying, maintaining, repairing, constructing, or transporting supplies, equipment, or personnel, but not including transporting those resources by a vessel constructed or adapted primarily to carry oil in bulk in the cargo spaces.
(c) Nonapplication.—
Subsection (b) does not apply if the individual bringing the action establishes that a remedy is not available under the laws of—
(1) the country asserting jurisdiction over the area in which the incident occurred; or
(2) the country in which the individual suffering the injury or death maintained citizenship or residency at the time of the incident.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1510.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
30105(a)
46 App.:688(b)(1) (last sentence).
Mar. 4, 1915, ch. 153, § 20(b), as added Pub. L. 97–389, title V, § 503(a)(2), Dec. 29, 1982, 96 Stat. 1955.
30105(b)
46 App.:688(b)(1) (less last sentence).
30105(c)
46 App.:688(b)(2).
In subsection (b), before paragraph (1), the words “civil action” are substituted for “action” for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words “under subsection (a) of this section or under any other” are omitted as unnecessary. In paragraph (2), the words “its territories, or possessions” are omitted as unnecessary because of the definition of “United States” in chapter 1 of the revised title. In paragraph (3), the word “person” is substituted for “enterprise” for consistency in the revised title.
heading: References in Text
text: The 1958 Convention on the Continental Shelf, referred to in subsec. (a), was done at Geneva, April 29, 1958, and entered into force for the United States, June 10, 1964. See 15 UST 471; TIAS 5578.
46 U.S.C. § 30106 (SHIPPING)
§ 30106. Time limit on bringing maritime action for personal injury or death
Except as otherwise provided by law, a civil action for damages for personal injury or death arising out of a maritime tort must be brought within 3 years after the cause of action arose.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1511.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
30106
46 App.:763a.
Pub. L. 96–382, § 1, Oct. 6, 1980, 94 Stat. 1525.
The words “civil action” are substituted for “suit” for consistency with rule 2 of the Federal Rules or Civil Procedure (28 App. U.S.C.). The words “or both” are omitted as unnecessary. The words “must be brought” are substituted for “shall not be maintained unless commenced” for clarity and consistency. The word “arose” is substituted for “accrued” for consistency in the revised title.