dreamproit/uscode huggingface dataset:
46 U.S.C. § 2102 (SHIPPING)
§ 2102. Limited definitions
In chapters 33, 45, 51, 81, and 87 of this title, “Aleutian trade” means the transportation of cargo (including fishery related products) for hire on board a fish tender vessel to or from a place in Alaska west of 153 degrees west longitude and east of 172 degrees east longitude, if that place receives weekly common carrier service by water, to or from a place in the United States (except a place in Alaska).
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 505; Pub. L. 98–369, div. A, title X, § 1011(a), July 18, 1984, 98 Stat. 1013; Pub. L. 99–509, title V, § 5102(b)(2), Oct. 21, 1986, 100 Stat. 1926; Pub. L. 101–595, title VI, § 602(a), Nov. 16, 1990, 104 Stat. 2990; Pub. L. 109–304, §§ 15(3), 16(a), Oct. 6, 2006, 120 Stat. 1702, 1705.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
2102
46:1452(10)–(14)
Section 2102 contains a number of definitions that are limited to recreational vessels in Chapter 43 of Part B and the numbering of these vessels in Chapter 123 of Part H.
heading: Amendments
text: 2006—Pub. L. 109–304 redesignated subsec. (b) as entire section, substituted “west” for “West” and “east” for “East”, and struck out subsec. (a) which defined “eligible State”, “State”, “United States”, and “State recreational boating safety program” in chapters 37, 43, 51, and 123 of this title and part I of this subtitle.
1990—Pub. L. 101–595 designated existing provisions as subsec. (a) and added subsec. (b).
1986—Pub. L. 99–509 inserted reference to chapters 37 and 51.
1984—Par. (1). Pub. L. 98–369, § 1011(a)(1), struck out “and facilities improvement” after “recreational boating safety”.
Par. (3). Pub. L. 98–369, § 1011(a)(2), (3), redesignated par. (5) as (3) and struck out former par. (3) which defined a State recreational boating facilities improvement program.
Par. (4). Pub. L. 98–369, § 1011(a)(2), struck out par. (4) which defined State recreational boating safety and facilities improvement program.
Par. (5). Pub. L. 98–369, § 1011(a)(3), redesignated par. (5) as (3).
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. § 2103 (SHIPPING)
§ 2103. Superintendence of the merchant marine
The Secretary has general superintendence over the merchant marine of the United States and of merchant marine personnel insofar as the enforcement of this subtitle is concerned and insofar as those vessels and personnel are not subject, under other law, to the supervision of another official of the United States Government. In the interests of marine safety and seamen’s welfare, the Secretary shall enforce this subtitle and shall carry out correctly and uniformly administer this subtitle. The Secretary may prescribe regulations to carry out the provisions of this subtitle.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 506; Pub. L. 99–307, § 9, May 19, 1986, 100 Stat. 447.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
2103
46:2
46:372
46:689
Section 2103 provides the Secretary with the authority to superintend the merchant marine and those involved personnel insofar as the vessels and personnel are not subject, under other laws, to the supervision of another official. The Secretary has the duty to enforce the laws with respect to vessels and seamen and to carry out correctly and uniformly these laws and regulations. The term “superintendence” is used to indicate the Secretary’s broad responsibility for overseeing maritime safety and seamen’s welfare, including employment, shipping, navigation, and protection of the marine environment.
heading: Amendments
text: 1986—Pub. L. 99–307 substituted “subtitle. The Secretary may prescribe regulations to carry out the provisions of this subtitle” for “subtitle and regulations prescribed under this subtitle”.
46 U.S.C. § 2104 (SHIPPING)
§ 2104. Delegation
(a) The Secretary may delegate the duties and powers conferred by this subtitle to any officer, employee, or member of the Coast Guard, and may provide for the subdelegation of those duties and powers.
(b) When this subtitle authorizes an officer or employee of the Customs Service to act in place of a Coast Guard official, the Secretary may designate that officer or employee subject to the approval of the Secretary of the Treasury.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 506.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
2104
46:65v(1)
46:382b
46:416
46:543
46:689
Section 2104 provides the Secretary with authority to delegate duties and powers to others. It also contains the authority to designate an officer or employee of the United States Customs Service to act in the place of a Coast Guard official.
heading: Transfer of Functions
text: For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
46 U.S.C. § 2105 (SHIPPING)
§ 2105. Report
The Secretary shall provide for the investigation of the operation of this subtitle and of all laws related to marine safety, and shall require that a report be made to the Secretary annually about those matters that may require improvement or amendment.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 506.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
2105
46:4
Section 2105 requires the Secretary to investigate the operation of this subtitle and all laws related to maritime safety and requires appropriate reports to ensure that the Secretary is attentive to all the shipping laws under the Secretary’s superintendence.
46 U.S.C. § 2106 (SHIPPING)
§ 2106. Liability in rem
When a vessel is made liable in rem under this subtitle, the vessel may be libeled and proceeded against in the district court of the United States for any district in which the vessel is found.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 506; Pub. L. 109–304, § 15(4), Oct. 6, 2006, 120 Stat. 1702.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
2106
46:170(14)
46:216e(e)
46:390d
46:391a(14)(C)
46:436
46:462
46:481(c)
46:497
46:526o
46:672(j)
46:1484(b)
Section 2106 provides that when a vessel is made liable in rem the vessel may be libeled and proceeded against in a United States district court.
heading: Amendments
text: 2006—Pub. L. 109–304 substituted “the district court of the United States for any district” for “a district court of the United States”.
46 U.S.C. § 2107 (SHIPPING)
§ 2107. Civil penalty procedures
(a) After notice and an opportunity for a hearing, a person found by the Secretary to have violated this subtitle or subtitle VII or a regulation prescribed under this subtitle or subtitle VII for which a civil penalty is provided, is liable to the United States Government for the civil penalty provided. The amount of the civil penalty shall be assessed by the Secretary by written notice. In determining the amount of the penalty, the Secretary shall consider the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other matters that justice requires.
(b) The Secretary may compromise, modify, or remit, with or without consideration, a civil penalty under this subtitle or subtitle VII until the assessment is referred to the Attorney General.
(c) If a person fails to pay an assessment of a civil penalty after it has become final, the Secretary may refer the matter to the Attorney General for collection in an appropriate district court of the United States.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 506; Pub. L. 109–241, title III, § 306(b), July 11, 2006, 120 Stat. 528.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
2107
33:364
46:7
46:65u
46:216e(d)
46:391a(14)
46:526o
46:526p
46:1484(c)
Section 2107 provides for standard procedures for the handling of civil penalties for infractions of law or regulation. Some changes were made to increase some antiquated and inadequate penalties.
The assessment of civil penalties under this section should not require an “on the record” hearing within the meaning of the Administrative Procedures Act (APA). It is intended that these civil penalties be assessed in a fair manner. However, the Committee recognizes that statutes passed in the last decade have involved the Coast Guard in tens of thousands of civil penalty enforcement cases and that it is necessary that the penalties be assessed efficiently. The Coast Guard’s procedural regulations for assessing civil penalties ensure that the essential elements of due process, notice, and opportunity to be heard, are provided to alleged violators (see 33 CFR Subpart 1.07). The more rigid and time-consuming procedures applicable to APA adjudications are unwarranted in the case of Coast Guard civil penalty assessment procedures and would seriously hamper the orderly enforcement of these administrative penalties.
heading: Amendments
text: 2006—Pub. L. 109–241 substituted “this subtitle or subtitle VII” for “this subtitle” in two places in subsec. (a) and in one place in subsec. (b).
46 U.S.C. § 2108 (SHIPPING)
[§ 2108. Repealed. Pub. L. 109–304, § 15(5), Oct. 6, 2006, 120 Stat. 1702]
text: Section, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 507, related to refund of penalties unlawfully, improperly, or excessively imposed. See section 504 of this title.
46 U.S.C. § 2109 (SHIPPING)
§ 2109. Public vessels
Except as otherwise provided, this subtitle does not apply to a public vessel of the United States. However, this subtitle does apply to a vessel (except a Saint Lawrence Seaway Development Corporation vessel) owned or operated by the Department of Transportation or by any corporation organized or controlled by the Department.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 507; Pub. L. 99–509, title V, § 5102(b)(3), Oct. 21, 1986, 100 Stat. 1927; Pub. L. 109–241, title IX, § 902(e)(1), July 11, 2006, 120 Stat. 567; Pub. L. 111–281, title IX, § 903(a)(5)(A), Oct. 15, 2010, 124 Stat. 3010.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
2109
46:362
46:363
46:391a(4)
Section 2109 exempts public vessels from the applicability of the maritime safety and seamen’s welfare laws of this subtitle although some public vessels are inspected under interagency voluntary agreements.
heading: Amendments
text: 2010—Pub. L. 111–281 amended directory language of Pub. L. 109–241, § 902(e)(1). See 2006 Amendment note below.
2006—Pub. L. 109–241, § 902(e)(1), as amended by Pub. L. 111–281, struck out “a Coast Guard or” after “(except”.
1986—Pub. L. 99–509 substituted “Except as otherwise provided, this” for “This”.
heading: Effective Date of 2010 Amendment
text: Pub. L. 111–281, title IX, § 903(a), Oct. 15, 2010, 124 Stat. 3010, provided that the amendment by section 903(a)(5)(A) is effective with enactment of Pub. L. 109–241.
46 U.S.C. § 2111 (SHIPPING)
§ 2111. Pay for overtime services
(a) The Secretary may prescribe a reasonable rate of extra pay for overtime services of civilian officers and employees of the Coast Guard required to remain on duty between 5 p.m. and 8 a.m., or on Sundays or holidays, to perform services related to—
(1) the inspection of vessels or their equipment;
(2) the engagement and discharge of crews of vessels;
(3) the measurement of vessels; and
(4) the documentation of vessels.
(b) Except for Sundays and holidays, the overtime rate provided under subsection (a) of this section is one-half day’s additional pay for each 2 hours of overtime (or part of 2 hours of at least one hour). The total extra pay may be not more than 2 and one-half days’ pay for any one period from 5 p.m. to 8 a.m.
(c) The overtime rate provided under subsection (a) of this section for Sundays and holidays is 2 additional days’ pay.
(d) The owner, charterer, managing operator, agent, master, or individual in charge of the vessel shall pay the amount of the overtime pay provided under this section to the official designated by regulation. The official shall deposit the amount paid to the Treasury as miscellaneous receipts. Payment to the officer or employee entitled to the pay shall be made from the annual appropriations for salaries and expenses of the Coast Guard.
(e) The overtime pay provided under this section shall be paid if the authorized officers and employees have been ordered to report for duty and have reported, even if services requested were not performed.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 507.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
2111
46:382b
Section 2111 provides for the payment of overtime rates for work performed by civilian officers and employees of the Coast Guard for certain specified activities.
heading: Transfer of Functions
text: For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
46 U.S.C. § 2112 (SHIPPING)
§ 2112. Authority to change working hours
In a port at which the customary working hours begin before 8 a.m. or end after 5 p.m., the Secretary may regulate the working hours of the officers and employees referred to in section 2111 of this title so that those hours conform to the prevailing working hours of the port. However—
(1) the total period for which overtime pay may be required under section 2111 of this title may not be more than 15 hours between any 2 periods of ordinary working hours on other than Sundays and holidays;
(2) the length of the working day for the officers and employees involved may not be changed; and
(3) the rate of overtime pay may not be changed.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 508.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
2112
46:382b
Section 2112 provides the Secretary with the authority to regulate the working hours of civilian officers and employees of the Coast Guard to conform with the prevailing working hours of a port.
46 U.S.C. § 2115 (SHIPPING)
§ 2115. Civil penalty to enforce alcohol and dangerous drug testing
Any person who fails to implement or conduct, or who otherwise fails to comply with the requirements prescribed by the Secretary for, chemical testing for dangerous drugs or for evidence of alcohol use, as prescribed under this subtitle or a regulation prescribed by the Secretary to carry out the provisions of this subtitle, is liable to the United States Government for a civil penalty of not more than $5,000 for each violation. Each day of a continuing violation shall constitute a separate violation.
(Added Pub. L. 104–324, title III, § 303(a), Oct. 19, 1996, 110 Stat. 3917; amended Pub. L. 105–383, title III, § 304(b), Nov. 13, 1998, 112 Stat. 3419.)
heading: Amendments
text: 1998—Pub. L. 105–383 substituted “$5,000” for “$1,000”.
46 U.S.C. § 2117 (SHIPPING)
§ 2117. Termination for unsafe operation
An individual authorized to enforce this title—
(1) may remove a certificate required by this title from a vessel that is operating in a condition that does not comply with the provisions of the certificate;
(2) may order the individual in charge of a vessel that is operating that does not have on board the certificate required by this title to return the vessel to a mooring and to remain there until the vessel is in compliance with this title; and
(3) may direct the individual in charge of a vessel to which this title applies to immediately take reasonable steps necessary for the safety of individuals on board the vessel if the official observes the vessel being operated in an unsafe condition that the official believes creates an especially hazardous condition, including ordering the individual in charge to return the vessel to a mooring and to remain there until the situation creating the hazard is corrected or ended.
(Added Pub. L. 111–281, title VI, § 608(a), Oct. 15, 2010, 124 Stat. 2967.)
46 U.S.C. § 2118 (SHIPPING)
§ 2118. Establishment of equipment standards
(a) In establishing standards for approved equipment required on vessels subject to part B of this title,1 the Secretary shall establish standards that are—
(1) based on performance using the best available technology that is economically achievable; and
(2) operationally practical.
(b) Using the standards established under subsection (a), the Secretary may also certify lifesaving equipment that is not required to be carried on vessels subject to part B of this title 2 to ensure that such equipment is suitable for its intended purpose.
(c) At least once every 10 years the Secretary shall review and revise the standards established under subsection (a) to ensure that the standards meet the requirements of this section.
(Added Pub. L. 111–281, title VI, § 608(a), Oct. 15, 2010, 124 Stat. 2968.)
46 U.S.C. § 2301 (SHIPPING)
§ 2301. Application
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.)
text: Historical and Revision Notes
Revised section
Source 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.
heading: References in Text
text: Presidential Proclamation No. 5928, referred to in text, is set out under section 1331 of Title 43, Public Lands.
heading: Amendments
text: 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”.
heading: Effective Date of 1984 Amendment
text: 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. § 2303 (SHIPPING)
§ 2303. Duties related to marine casualty assistance and information
(a) The master or individual in charge of a vessel involved in a marine casualty shall—
(1) render necessary assistance to each individual affected to save that affected individual from danger caused by the marine casualty, so far as the master or individual in charge can do so without serious danger to the master’s or individual’s vessel or to individuals on board; and
(2) give the master’s or individual’s name and address and identification of the vessel to the master or individual in charge of any other vessel involved in the casualty, to any individual injured, and to the owner of any property damaged.
(b) An individual violating this section or a regulation prescribed under this section shall be fined not more than $1,000 or imprisoned for not more than 2 years. The vessel also is liable in rem to the United States Government for the fine.
(c) An individual complying with subsection (a) of this section or gratuitously and in good faith rendering assistance at the scene of a marine casualty without objection by an individual assisted, is not liable for damages as a result of rendering assistance or for an act or omission in providing or arranging salvage, towage, medical treatment, or other assistance when the individual acts as an ordinary, reasonable, and prudent individual would have acted under the circumstances.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 509.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
2303(a)
33:367
46:1465(a)
2303(b)
33:368
2303(c)
46:1465(b)
Section 2303 requires a master or anyone in charge of a vessel to provide assistance and render aid to those involved in a marine casualty and to exchange information in a manner similar to automobile accident cases. It also includes a “Good Samaritan” clause that exonerates anyone from liability when rendering assistance in an ordinary, reasonable, or prudent manner.
46 U.S.C. § 2303a (SHIPPING)
§ 2303a. Post serious marine casualty alcohol testing
(a) The Secretary shall establish procedures to ensure that after a serious marine casualty occurs, alcohol testing of crew members or other persons 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.)