dreamproit/uscode huggingface dataset:
46 U.S.C. § 12507 (SHIPPING)
§ 12507. Penalties
(a) A person shall be fined under title 18, imprisoned for not more than 2 years, or both, if the person with the intent to defraud—
(1) provides false information to the Secretary of Transportation or a State issuing authority regarding the identification of a vessel under this chapter; or
(2) tampers with, removes, or falsifies the unique vessel identification number assigned to a vessel under section 12502 of this title.
(b) A person is liable to the United States Government for a civil penalty of not more than $10,000 if the person—
(1) provides false information to the Secretary or a State issuing authority regarding the identification of a vessel under this chapter;
(2) violates section 12502 of this title; or
(3) fails to comply with requirements prescribed by the Secretary under section 12505 of this title.
(c) A vessel involved in a violation of this chapter, or regulation under this chapter, and its equipment, may be seized by, and forfeited to, the Government.
(d) If a person, not an individual, is involved in a violation of this chapter, the president or chief executive of the person also is subject to any penalty provided under this section.
(Added Pub. L. 100–710, title I, § 101(a), Nov. 23, 1988, 102 Stat. 4737.)
heading: Historical and Revision Notes
text: Revised section 12507
This section establishes criminal and civil penalties for certain violations of chapter 125 of title 46 (as enacted by this Act).
46 U.S.C. § 13101 (SHIPPING)
§ 13101. Definitions
In this chapter:
(1) Eligible State.—
The term “eligible State” means a State that has a State recreational boating safety program accepted by the Secretary.
(2) State Recreational Boating Safety Program.—
The term “State recreational boating safety program” means education, assistance, and enforcement activities conducted for maritime casualty prevention, reduction, and reporting for recreational boating.
(Pub. L. 109–304, § 16(b)(2), Oct. 6, 2006, 120 Stat. 1705.)
heading: Historical and Revision Notes
text: Section 16 of the bill [H.R. 1442, which became Pub. L. 109–304] moves the definitions relating to the recreational boating safety program from section 2102(a)(1) and (3) to chapter 131 because the terms only appear in chapter 131.
Section 16 of the bill also eliminates the special definitions of “State” and “United States” in section 2102(a)(2) as including the Trust Territory of the Pacific Islands because the Trust Territory has been terminated. See the definitions of “State” and “United States” in section 2101, which are being moved to chapter 1 and being made applicable title-wide. Those definitions already include the Northern Mariana Islands, the only component of the former Trust Territory still under United States sovereignty.
heading: Prior Provisions
text: A prior section 13101 was renumbered section 13102 of this title.
46 U.S.C. § 13106 (SHIPPING)
§ 13106. Computation decisions about State amounts expended
(a) Consistent with regulations prescribed by the Secretary, the computation by a State of amounts expended for the State recreational boating safety program shall include—
(1) the acquisition, maintenance, and operating costs of land, facilities, equipment, and supplies;
(2) personnel salaries and reimbursable expenses;
(3) the costs of training personnel;
(4) public boat safety education;
(5) the costs of carrying out the program; and
(6) other expenses that the Secretary considers appropriate.
(b) The Secretary shall decide an issue arising out of the computation made under subsection (a) of this section.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 596, § 13105; Pub. L. 98–369, div. A, title X, § 1011(e), July 18, 1984, 98 Stat. 1013; Pub. L. 101–595, title III, § 312(c), Nov. 16, 1990, 104 Stat. 2987; renumbered § 13106, Pub. L. 109–304, § 16(b)(1), Oct. 6, 2006, 120 Stat. 1705.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
13105
46:1478
Section 13105 prescribes what amounts expended or obligated by a State will be counted toward the State’s share. This section also authorizes the Secretary to settle any dispute over the computations required by this section.
heading: Prior Provisions
text: A prior section 13106 was renumbered section 13107 of this title.
heading: Amendments
text: 2006—Pub. L. 109–304 renumbered section 13105 of this title as this section.
1990—Subsec. (a). Pub. L. 101–595 struck out “or obligated” after “expended” in provisions preceding par. (1).
1984—Subsec. (a). Pub. L. 98–369 struck out “and facilities improvement” after “boating safety” in provisions preceding par. (1).
heading: Effective Date of 1984 Amendment
text: Amendment by Pub. L. 98–369 effective Oct. 1, 1984, to apply with respect to fiscal years beginning after Sept. 30, 1984, see section 1013 of Pub. L. 98–369, set out as a note under section 13101 of this title.
46 U.S.C. § 13109 (SHIPPING)
§ 13109. Consultation, cooperation, and regulation
(a) In carrying out responsibilities under this chapter, the Secretary may consult with State and local governments, public and private agencies, organizations and committees, private industry, and other persons having an interest in boating safety.
(b) The Secretary may advise, assist, and cooperate with the States and other interested public and private agencies in planning, developing, and carrying out boating safety programs. Acting under section 141 of title 14, the Secretary shall ensure the fullest cooperation between the State and United States Government authorities in promoting boating safety by making agreements and other arrangements with States when possible. Subject to chapter 23 of title 14, the Secretary may make available, on request of a State, the services of members of the Coast Guard Auxiliary to assist the State in promoting boating safety on State waters.
(c) The Secretary may prescribe regulations to carry out this chapter.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 597; Pub. L. 98–369, div. A, title X, § 1011(g), July 18, 1984, 98 Stat. 1013.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
13109
46:1481
Section 13109 authorizes the Secretary to consult with State and local governments, public and private agencies, and any other persons that have an interest in boating safety.
This section also authorizes the Secretary to advise and assist the States and other public and private agencies in the planning and carrying out of their boating safety and facilities improvement programs.
heading: Amendments
text: 1984—Subsec. (a). Pub. L. 98–369 struck out “and facilities improvement” after “boating safety”.
Subsec. (b). Pub. L. 98–369 struck out “and facilities improvement” after “and carrying out boating safety”.
heading: Effective Date of 1984 Amendment
text: Amendment by Pub. L. 98–369 effective Oct. 1, 1984, to apply with respect to fiscal years beginning after Sept. 30, 1984, see section 1013 of Pub. L. 98–369, set out as a note under section 13101 of this title.
46 U.S.C. § 14101 (SHIPPING)
§ 14101. Definitions
In this part—
(1) “Convention” means the International Convention on Tonnage Measurement of Ships, 1969.
(2) “existing vessel” means a vessel the keel of which was laid or that was at a similar stage of construction before July 18, 1982.
(3) “Great Lakes” means—
(A) the Great Lakes; and
(B) the St. Lawrence River west of—
(i) a rhumb line drawn from Cap des Rosiers to West Point, Anticosti Island; and
(ii) on the north side of Anticosti Island, the meridian of longitude 63 degrees west.
(4) “vessel that engages on a foreign voyage” means a vessel—
(A) that arrives at a place under the jurisdiction of the United States from a place in a foreign country;
(B) that makes a voyage between places outside the United States;
(C) that departs from a place under the jurisdiction of the United States for a place in a foreign country; or
(D) that makes a voyage between a place within a territory or possession of the United States and another place under the jurisdiction of the United States not within that territory or possession.
(Pub. L. 99–509, title V, § 5101(3), Oct. 21, 1986, 100 Stat. 1919; Pub. L. 111–281, title III, § 303(a), Oct. 15, 2010, 124 Stat. 2923.)
heading: Historical and Revision Notes
text: Revised section 14101
Source: International Convention on Tonnage Measurement of Ships.
Section 14101 contains definitions that are limited to Part J—Measurement of Vessels. The source of these definitions is the International Convention on Tonnage Measurement of Ships in articles 2 and 4.
heading: Amendments
text: 2010—Par. (4). Pub. L. 111–281, § 303(a)(1), substituted “that engages” for “engaged” in introductory provisions.
Par. (4)(A). Pub. L. 111–281, § 303(a)(2), substituted “that arrives” for “arriving”.
Par. (4)(B). Pub. L. 111–281, § 303(a)(3), substituted “that makes” for “making” and struck out “(except a foreign vessel engaged on that voyage)” after “United States”.
Par. (4)(C). Pub. L. 111–281, § 303(a)(4), substituted “that departs” for “departing”.
Par. (4)(D). Pub. L. 111–281, § 303(a)(5), substituted “that makes” for “making”.
46 U.S.C. § 14102 (SHIPPING)
[§ 14102. Repealed. Pub. L. 101–595, title VI, § 603(12)(A), Nov. 16, 1990, 104 Stat. 2993]
text: Section, Pub. L. 99–509, title V, § 5101(3), Oct. 21, 1986, 100 Stat. 1919, authorized Secretary to prescribe regulations to carry out this part.
46 U.S.C. § 14103 (SHIPPING)
§ 14103. Delegation of authority
(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.)
heading: Historical and Revision Notes
text: 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.
heading: Amendments
text: 2010—Subsec. (c). Pub. L. 111–281 substituted “that engages on” for “intended to be engaged on”.
46 U.S.C. § 14104 (SHIPPING)
§ 14104. Measurement to determine application of a law
(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.)
heading: Historical and Revision Notes
text: 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.
heading: Amendments
text: 1996—Pub. L. 104–324 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).
46 U.S.C. § 14302 (SHIPPING)
§ 14302. Measurement
(a) The Secretary shall measure a vessel to which this chapter applies in the way provided by this chapter and the Convention.
(b) A vessel measured under this chapter may not be required to be measured under another law.
(c) Unless otherwise provided by law, the measurement of a vessel under this chapter applies to a law of the United States whose applicability depends on a vessel’s tonnage, if that law—
(1) becomes effective after July 18, 1994; or
(2) is in effect before July 19, 1994, is not enumerated in section 14305 of this title, and is identified by the Secretary by regulation as a law to which this chapter applies.
(Pub. L. 99–509, title V, § 5101(3), Oct. 21, 1986, 100 Stat. 1921; Pub. L. 111–281, title III, § 303(d), Oct. 15, 2010, 124 Stat. 2924.)
heading: Historical and Revision Notes
text: Revised section 14302
Source: International Convention on Tonnage Measurement of Ships.
Section 14302(a) requires the Secretary to measure a vessel to which this chapter applies, in the way provided by this chapter and by the Convention. Section 14302(b) provides that a vessel that is required to be measured under this chapter can not also be required to be measured under another law. The exception allows the Panama Canal Commission to continue to use the Canal measurement system for calculation of tolls. Section 14302(c) provides that the applicability of tonnage-based laws that become effective after July 18, 1994, will be based on Convention tonnage measurements. The applicability of tonnage-based laws in effect before July 19, 1994, which are listed by the Secretary, will also be based on Convention tonnage. Therefore, the laws that will be based on regulatory tonnage are those not listed by the Secretary by regulation and those listed in section 14305 of this legislation.
heading: Amendments
text: 2010—Subsec. (b). Pub. L. 111–281 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Except as provided in section 1602(a) of the Panama Canal Act of 1979 (22 U.S.C. 3792(a)), a vessel measured under this chapter may not be required to be measured under another law.”
46 U.S.C. § 14303 (SHIPPING)
§ 14303. Tonnage Certificate
(a) After measuring a vessel under this chapter, the Secretary shall issue, on request of the owner, an International Tonnage Certificate (1969) and deliver it to the owner or master of the vessel. For a vessel to which the Convention does not apply, the Secretary shall prescribe a certificate to be issued as evidence of a vessel’s measurement under this chapter.
(b) The certificate issued under this section shall be maintained as required by the Secretary.
(Pub. L. 99–509, title V, § 5101(3), Oct. 21, 1986, 100 Stat. 1921; Pub. L. 111–281, title III, § 303(e)(1), Oct. 15, 2010, 124 Stat. 2925.)
heading: Historical and Revision Notes
text: Revised section 14303
Source: International Convention on Tonnage Measurement of Ships.
Section 14303(a) requires the Secretary to issue, on the request of the owner, an International Tonnage Certificate after measuring a vessel under this chapter. Section 14303(b) requires that the certificate be maintained as required by the Secretary.
heading: Amendments
text: 2010—Pub. L. 111–281, § 303(e)(1)(C), struck out “International” before “Tonnage” and “(1969)” after “Certificate” in section catchline.
Subsec. (a). Pub. L. 111–281, § 303(e)(1)(A), inserted at end “For a vessel to which the Convention does not apply, the Secretary shall prescribe a certificate to be issued as evidence of a vessel’s measurement under this chapter.”
Subsec. (b). Pub. L. 111–281, § 303(e)(1)(B), inserted “issued under this section” after “The certificate”.
46 U.S.C. § 14304 (SHIPPING)
§ 14304. 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; or
(2) the vessel or the use of its space is changed in a way that substantially affects its tonnage.
(b) Except as provided in this chapter or section 14504 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. 1921.)
heading: Historical and Revision Notes
text: Revised section 14304
Source: International Convention on Tonnage Measurement of Ships.
Section 14304(a) requires the Secretary to remeasure a vessel, to the extent necessary, if there is an alleged error regarding its measurement or if the vessel or its use undergoes a change substantially affecting its tonnage. The phrase “to the extent necessary” was included to indicate that a complete remeasurement of the vessel may not be necessary if, for example, an error was made in one portion of the vessel’s measurement and only that portion needs to be remeasured.
Section 14304(b) provides that except as provided in section 14504, a vessel that has been measured does not have to be remeasured to obtain another document or endorsement under chapter 121 of this title.
46 U.S.C. § 14306 (SHIPPING)
§ 14306. Reciprocity for foreign vessels
(a) When the Secretary finds that the laws and regulations of a foreign country related to measurement of vessels are similar to those of this chapter and the regulations prescribed under this chapter, or when a foreign country is a party to the Convention, the Secretary shall accept the measurement and certificate of a vessel of that foreign country as complying with this chapter and the regulations prescribed under this chapter.
(b) Subsection (a) of this section does not apply to a vessel of a foreign country that does not recognize measurements under this chapter. The Secretary may apply measurement standards the Secretary considers appropriate to the vessel, subject to applicable international agreements to which the United States Government is a party.
(Pub. L. 99–509, title V, § 5101(3), Oct. 21, 1986, 100 Stat. 1922.)
heading: Historical and Revision Notes
text: Revised section 14306
Source: International Convention on Tonnage Measurement of Ships. Section (U.S. Code) 46 App. U.S.C. 81.
Section 14306(a) requires that the Secretary accept the measurement and certificate of a vessel of a foreign country as evidence of compliance with this chapter when the Secretary finds that the laws and regulations of that foreign country that are related to measurement are similar to those of this chapter, or that that country is a party to the Convention.
Section 14306(b) provides that the Secretary does not have to accept the measurement and certificate of a vessel of a country that does not recognize United States measurements. It also authorizes the Secretary to apply appropriate measurement standards to such foreign vessels, subject to international agreements to which the United States is a party.
46 U.S.C. § 14501 (SHIPPING)
§ 14501. Application
This chapter applies to the following:
(1) A vessel not measured under chapter 143 of this title if the application of an international agreement or other law of the United States to the vessel depends on the vessel’s tonnage.
(2) A vessel measured under chapter 143 of this title if the owner requests that the vessel also be measured under this chapter as provided in section 14305 of this title.
(Pub. L. 99–509, title V, § 5101(3), Oct. 21, 1986, 100 Stat. 1923; Pub. L. 111–281, title III, § 303(g), Oct. 15, 2010, 124 Stat. 2925.)
heading: Historical and Revision Notes
text: Revised section 14501
Source: Section (U.S. Code) 46 App. U.S.C. 71.
Section 14501 delineates the vessels that must be measured under this chapter, i.e. under the regulatory tonnage measurement system. Section 14501(1) states that a vessel must be measured under this chapter if the vessel has not been measured under the International Convention on Tonnage Measurement of Ships, and if the vessel is to be documented as a vessel of the United States under chapter 121 of this subtitle, or if the application of a United States law depends on the vessels tonnage. Section 14501(2) states that a vessel must be measured under the regulatory measurement system if the owner requests.
heading: Amendments
text: 2010—Par. (1). Pub. L. 111–281, § 303(g)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “a vessel not measured under chapter 143 of this title if—
“(A) the vessel is to be documented under chapter 121 of this title; or
“(B) the application of a law of the United States to the vessel depends on the vessel’s tonnage.”
Par. (2). Pub. L. 111–281, § 303(g)(2), substituted “A vessel” for “a vessel”.
46 U.S.C. § 14502 (SHIPPING)
§ 14502. Measurement
The Secretary shall measure a vessel to which this chapter applies in the way provided by this chapter.
(Pub. L. 99–509, title V, § 5101(3), Oct. 21, 1986, 100 Stat. 1923.)
heading: Historical and Revision Notes
text: Revised section 14502
Source: Section (U.S. Code) 46 App. U.S.C. 71, 77, 83.
Section 14502 requires the Secretary to measure a vessel to which this chapter applies as provided by this chapter.
46 U.S.C. § 14503 (SHIPPING)
§ 14503. Certificate of measurement
(a) The Secretary shall prescribe the certificate to be issued as evidence of a vessel’s measurement under this chapter.
(b) The certificate shall be maintained as required by the Secretary.
(Pub. L. 99–509, title V, § 5101(3), Oct. 21, 1986, 100 Stat. 1923; Pub. L. 111–281, title III, § 303(e)(2), Oct. 15, 2010, 124 Stat. 2925.)
heading: Historical and Revision Notes
text: Revised section 14503
Source: Section (U.S. Code) 46 App. U.S.C. 72.
Section 14503 requires the Secretary to issue a certificate, in a manner that is to be prescribed by the Secretary, as evidence of a vessel’s regulatory measurement.
heading: Amendments
text: 2010—Pub. L. 111–281 designated existing provisions as subsec. (a) and added subsec. (b).