dreamproit/uscode huggingface dataset:
46 U.S.C. § 306 (SHIPPING)
§ 306. Annual report
(a) In General.—
Not later than April 1 of each year, the Federal Maritime Commission shall submit a report to Congress. The report shall include the results of its investigations, a summary of its transactions, the purposes for which all of its expenditures were made, and any recommendations for legislation.
(b) Report on Foreign Laws and Practices.—
The Commission shall include in its annual report to Congress—
(1) a list of the 20 foreign countries that generated the largest volume of oceanborne liner cargo for the most recent calendar year in bilateral trade with the United States;
(2) an analysis of conditions described in section 42302(a) of this title being investigated or found to exist in foreign countries;
(3) any actions being taken by the Commission to offset those conditions;
(4) any recommendations for additional legislation to offset those conditions;
(5) a list of petitions filed under section 42302(b) of this title that the Commission rejected and the reasons for each rejection; and
(6) an analysis of the impacts on competition for the purchase of certain covered services by alliances of ocean common carriers acting pursuant to an agreement under this part 1 between or among ocean common carriers, including a summary of actions, including corrective actions, taken by the Commission to promote such competition.
(c) Definition of Certain Covered Services.—
In this section, the term “certain covered services” has the meaning given the term in section 40102.
(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1489; Pub. L. 115–282, title VII, § 703, Dec. 4, 2018, 132 Stat. 4294.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
306(a)
46 App.:1118 (related to Commission).
June 29, 1936, ch. 858, title II, § 208 (related to Commission), 49 Stat. 1988; Pub. L. 94–273, § 36, Apr. 21, 1976, 90 Stat. 380; Pub. L. 97–31, § 12(65), Aug. 6, 1981, 95 Stat. 159.
306(b)
46 App.:1710a(g).
Pub. L. 100–418, title X, § 10002(g), Aug. 23, 1988, 102 Stat. 1572.
In subsection (a), the words “a statement of all receipts under this chapter” are omitted as inapplicable to the Commission.
heading: Amendments
text: 2018—Subsec. (b)(6). Pub. L. 115–282, § 703(1), added par. (6).
Subsec. (c). Pub. L. 115–282, § 703(2), added subsec. (c).
46 U.S.C. § 308 (SHIPPING)
§ 308. Authorization of appropriations
There is authorized to be appropriated to the Federal Maritime Commission $28,012,310 for fiscal year 2018 and $28,544,543 for fiscal year 2019 for the activities of the Commission authorized under this chapter and subtitle IV.
(Added Pub. L. 114–120, title IV, § 401(a), Feb. 8, 2016, 130 Stat. 67; amended Pub. L. 115–282, title VII, § 702, Dec. 4, 2018, 132 Stat. 4294.)
heading: Amendments
text: 2018—Pub. L. 115–282 substituted “$28,012,310 for fiscal year 2018 and $28,544,543 for fiscal year 2019” for “$24,700,000 for each of fiscal years 2016 and 2017”.
46 U.S.C. § 2307 (SHIPPING)
[§ 2307. Repealed. Pub. L. 115–282, title IV, § 402(d), Dec. 4, 2018, 132 Stat. 4264]
text: Section, added Pub. L. 107–295, title IV, § 431(a), Nov. 25, 2002, 116 Stat. 2128; amended Pub. L. 112–213, title III, § 302(a), Dec. 20, 2012, 126 Stat. 1562, related to limitation of liability for Coast Guard Vessel Traffic Service pilots and non-Federal vessel traffic service operators.
46 U.S.C. § 3105 (SHIPPING)
§ 3105. Electronic charts
(a) System Requirements.—
(1) Requirements.—
Subject to paragraph (2), the following vessels, while operating on the navigable waters of the United States, shall be equipped with and operate electronic charts under regulations prescribed by the Secretary of the department in which the Coast Guard is operating:
(A) A self-propelled commercial vessel of at least 65 feet overall length.
(B) A vessel carrying more than a number of passengers for hire determined by the Secretary.
(C) A towing vessel of more than 26 feet in overall length and 600 horsepower.
(D) Any other vessel for which the Secretary decides that electronic charts are necessary for the safe navigation of the vessel.
(2) Exemptions and waivers.—
The Secretary may—
(A) exempt a vessel from paragraph (1), if the Secretary finds that electronic charts are not necessary for the safe navigation of the vessel on the waters on which the vessel operates; and
(B) waive the application of paragraph (1) with respect to operation of vessels on navigable waters of the United States specified by the Secretary, if the Secretary finds that electronic charts are not needed for safe navigation on those waters.
(b) Limitation on Application.—
Except pursuant to an international treaty, convention, or agreement, to which the United States is a party, this section shall not apply to any foreign vessel that is not destined for, or departing from, a port or place subject to the jurisdiction of the United States and that is in—
(1) innocent passage through the territorial sea of the United States; or
(2) transit through the navigable waters of the United States that form a part of an international strait.
(Added and amended Pub. L. 115–282, title IV, § 402(a)(1), Dec. 4, 2018, 132 Stat. 4263, 4264.)
heading: Codification
text: Section, as added and amended by Pub. L. 115–282, is based on Pub. L. 92–340, § 4A, as added Pub. L. 108–293, title IV, § 410, Aug. 9, 2004, 118 Stat. 1045, which was formerly classified to section 1223a of Title 33, Navigation and Navigable Waters, before being transferred to this chapter and renumbered as this section.
heading: Amendments
text: 2018—Pub. L. 115–282, § 402(a)(1)(A), transferred section 4A of Pub. L. 92–340 to this chapter and renumbered it as this section. See Codification note above.
Subsec. (b). Pub. L. 115–282, § 402(a)(1)(B), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “The Secretary of the department in which the Coast Guard is operating shall prescribe regulations implementing subsection (a) before January 1, 2007, including requirements for the operation and maintenance of the electronic charts required under subsection (a).”
46 U.S.C. § 3719 (SHIPPING)
§ 3719. Reduction of oil spills from single hull non-self-propelled tank vessels
The Secretary shall, in consultation with the National Towing Safety Advisory Committee and taking into consideration the characteristics, methods of operation, and the size and nature of service of single hull non-self-propelled tank vessels and towing vessels, prescribe regulations requiring a single hull non-self-propelled tank vessel that operates in the open ocean or coastal waters, or the vessel towing it, to have at least one of the following:
(1) A crew member and an operable anchor on board the tank vessel that together are capable of arresting the tank vessel without additional assistance under reasonably foreseeable sea conditions.
(2) An emergency system on the tank vessel or towing vessel that without additional assistance under reasonably foreseeable sea conditions will allow the tank vessel to be retrieved by the towing vessel if the tow line ruptures.
(3) Any other measure or combination of measures that the Secretary determines will provide protection against grounding of the tank vessel comparable to that provided by the measures described in paragraph (1) or (2).
(Added Pub. L. 104–324, title IX, § 901(a), Oct. 19, 1996, 110 Stat. 3946; amended Pub. L. 115–282, title VI, § 601(c)(6)(B)(i), Dec. 4, 2018, 132 Stat. 4290.)
heading: Amendments
text: 2018—Pub. L. 115–282 inserted “National” before “Towing Safety” in introductory provisions.
heading: Regulations
text: Pub. L. 104–324, title IX, § 901(b), Oct. 19, 1996, 110 Stat. 3946, provided that: “The Secretary of the department in which the Coast Guard is operating shall issue regulations required under section 3719 of title 46, United States Code, as added by subsection (a), by not later than October 1, 1997.”
46 U.S.C. § 4505 (SHIPPING)
§ 4505. Termination of unsafe operations
An official authorized to enforce this chapter—
(1) may direct the individual in charge of a vessel to which this chapter 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; and
(2) may order the individual in charge of an uninspected fish processing vessel that does not have on board the certificate required under section 4503(a)(2) of this title to return the vessel to a mooring and to remain there until the vessel is in compliance with that section, except that this paragraph shall not apply with respect to a vessel to which section 4503a applies.
(Added Pub. L. 100–424, § 2(a), Sept. 9, 1988, 102 Stat. 1587; amended Pub. L. 115–282, title V, § 509, Dec. 4, 2018, 132 Stat. 4274.)
heading: Amendments
text: 2018—Par. (2). Pub. L. 115–282 substituted “4503(a)(2)” for “4503(1)” and inserted “, except that this paragraph shall not apply with respect to a vessel to which section 4503a applies” before period at end.
46 U.S.C. § 4508 (SHIPPING)
[§ 4508. Repealed. Pub. L. 115–282, title VI, § 601(c)(1), Dec. 4, 2018, 132 Stat. 4289]
text: Section, added Pub. L. 100–424, § 2(a), Sept. 9, 1988, 102 Stat. 1588; amended Pub. L. 101–225, title I, § 106, Dec. 12, 1989, 103 Stat. 1910; Pub. L. 102–241, § 25, Dec. 19, 1991, 105 Stat. 2217; Pub. L. 104–324, title III, § 304(b), Oct. 19, 1996, 110 Stat. 3917; Pub. L. 107–295, title III, § 331(a), Nov. 25, 2002, 116 Stat. 2105; Pub. L. 108–293, title IV, § 418(a), Aug. 9, 2004, 118 Stat. 1049; Pub. L. 109–241, title IX, § 901(g), July 11, 2006, 120 Stat. 564; Pub. L. 111–281, title VI, § 604(c)(1)–(3), Oct. 15, 2010, 124 Stat. 2964, 2965, established the Commercial Fishing Safety Advisory Committee. See section 15102 of this title.
46 U.S.C. § 7106 (SHIPPING)
§ 7106. Duration of licenses
(a) In General.—
A license issued under this part is valid for a 5-year period and may be renewed for additional 5-year periods; except that the validity of a license issued to a radio officer is conditioned on the continuous possession by the holder of a first-class or second-class radiotelegraph operator license issued by the Federal Communications Commission.
(b) Advance Renewals.—
A renewed license issued under this part may be issued up to 8 months in advance but is not effective until the date that the previously issued license expires or until the completion of any active suspension or revocation of that previously issued license, whichever is later.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 540; Pub. L. 101–380, title IV, § 4102(a), Aug. 18, 1990, 104 Stat. 509; Pub. L. 111–281, title VI, § 614(b), Oct. 15, 2010, 124 Stat. 2970; Pub. L. 115–282, title V, § 510(1), Dec. 4, 2018, 132 Stat. 4274.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
7106
46:214(c)
46:225
46:226
46:228
46:229
46:229c
Section 7106 sets a 5 year time limit on the validity of a license. It also requires a licensed radio officer to be in continuous possession of an FCC license.
heading: Amendments
text: 2018—Subsec. (b). Pub. L. 115–282 substituted “license,” for “merchant mariner’s document,”.
2010—Pub. L. 111–281 amended section generally. Prior to amendment, text read as follows: “A license issued under this part is valid for 5 years and may be renewed for additional 5-year periods. However, the validity of a license issued to a radio officer is conditioned on the continuous possession by the holder of a first-class or second-class radiotelegraph operator license issued by the Federal Communications Commission.”
1990—Pub. L. 101–380 inserted “and may be renewed for additional 5-year periods” after “for 5 years”.
heading: Effective Date of 1990 Amendment
text: Amendment by Pub. L. 101–380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101–380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters.
heading: Termination of Existing Licenses, Certificates, and Documents; Applicability of 1990 Amendment
text: Pub. L. 101–380, title IV, § 4102(d), Aug. 18, 1990, 104 Stat. 510, provided that:
“A license, certificate of registry, or merchant mariner’s document issued before the date of the enactment of this section [Aug. 18, 1990] terminates on the day it would have expired if—
“(1) subsections (a), (b), and (c) [amending this section and sections 7107 and 7302 of this title] were in effect on the date it was issued; and
“(2) it was renewed at the end of each 5-year period under section 7106, 7107, or 7302 of title 46, United States Code.”
46 U.S.C. § 7107 (SHIPPING)
§ 7107. Duration of certificates of registry
(a) In General.—
A certificate of registry issued under this part is valid for a 5-year period and may be renewed for additional 5-year periods; except that the validity of a certificate issued to a medical doctor or professional nurse is conditioned on the continuous possession by the holder of a license as a medical doctor or registered nurse, respectively, issued by a State.
(b) Advance Renewals.—
A renewed certificate of registry issued under this part may be issued up to 8 months in advance but is not effective until the date that the previously issued certificate of registry expires or until the completion of any active suspension or revocation of that previously issued certificate of registry, whichever is later.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 540; Pub. L. 101–380, title IV, § 4102(b), Aug. 18, 1990, 104 Stat. 509; Pub. L. 111–281, title VI, § 614(c), Oct. 15, 2010, 124 Stat. 2971; Pub. L. 115–282, title V, § 510(2), Dec. 4, 2018, 132 Stat. 4274.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
7107
46:243
Section 7107 specifies that there is no time limit on the validity of a certificate of registry issued to a medical doctor or a professional nurse but is conditioned on the continuous possession of the appropriate license issued by a State.
heading: Amendments
text: 2018—Subsec. (b). Pub. L. 115–282 substituted “certificate of registry,” for “merchant mariner’s document,”.
2010—Pub. L. 111–281 amended section generally. Prior to amendment, text read as follows: “A certificate of registry issued under this part is valid for 5 years and may be renewed for additional 5-year periods. However, the validity of a certificate issued to a medical doctor or professional nurse is conditioned on the continuous possession by the holder of a license as a medical doctor or registered nurse, respectively, issued by a State.”
1990—Pub. L. 101–380 substituted “is valid for 5 years and may be renewed for additional 5-year periods” for “is not limited in duration”.
heading: Effective Date of 1990 Amendment
text: Amendment by Pub. L. 101–380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101–380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters.
heading: Termination of Existing Licenses, Certificates, and Documents; Applicability of 1990 Amendment
text: For provisions that a certificate of registry issued before Aug. 18, 1990, terminates on the day it would have expired if the amendment to this section by Pub. L. 101–380 were in effect on date it was issued and was renewed at the end of each 5-year period under this section, see section 4102(d) of Pub. L. 101–380, set out as a note under section 7106 of this title.
46 U.S.C. § 7115 (SHIPPING)
[§ 7115. Repealed. Pub. L. 115–282, title VI, § 601(c)(2), Dec. 4, 2018, 132 Stat. 4289]
text: Section, added Pub. L. 111–281, title II, § 210(a), Oct. 15, 2010, 124 Stat. 2913, established the Merchant Mariner Medical Advisory Committee. See section 15104 of this title.
46 U.S.C. § 7507 (SHIPPING)
§ 7507. Authority to extend the duration of licenses, certificates of registry, and merchant mariner documents
(a) Licenses and Certificates of Registry.—
Notwithstanding sections 7106 and 7107, the Secretary of the department in which the Coast Guard is operating may—
(1) extend for not more than one year an expiring license or certificate of registry issued for an individual under chapter 71 if the Secretary determines that the extension is required to enable the Coast Guard to eliminate a backlog in processing applications for those licenses or certificates of registry or in response to a national emergency or natural disaster, as deemed necessary by the Secretary; or
(2) issue for not more than five years an expiring license or certificate of registry issued for an individual under chapter 71 for the exclusive purpose of aligning the expiration date of such license or certificate of registry with the expiration date of a merchant mariner’s document.
(b) Merchant Mariner Documents.—
Notwithstanding section 7302(g), the Secretary may—
(1) extend for not more than one year an expiring merchant mariner’s document issued for an individual under chapter 73 if the Secretary determines that the extension is required to enable the Coast Guard to eliminate a backlog in processing applications for those merchant mariner documents or in response to a national emergency or natural disaster, as deemed necessary by the Secretary; or
(2) issue for not more than five years an expiring merchant mariner’s document issued for an individual under chapter 73 for the exclusive purpose of aligning the expiration date of such merchant mariner’s document with the expiration date of a license or certificate of registry.
(c) Manner of Extension.—
Any extensions granted under this section may be granted to individual seamen or a specifically identified group of seamen.
(Added Pub. L. 111–281, title VI, § 615(a), Oct. 15, 2010, 124 Stat. 2971; amended Pub. L. 112–213, title III, § 311, Dec. 20, 2012, 126 Stat. 1569; Pub. L. 115–282, title V, § 510(3), (4), Dec. 4, 2018, 132 Stat. 4274.)
heading: Amendments
text: 2018—Subsec. (b)(1). Pub. L. 115–282, § 510(3), substituted “merchant mariner documents” for “licenses or certificates of registry”.
Subsec. (b)(2). Pub. L. 115–282, § 510(4), substituted “license or certificate of registry.” for “merchant mariner’s document.”
2012—Subsec. (a). Pub. L. 112–213 substituted “chapter 71” for “chapter 73” in pars. (1) and (2).
46 U.S.C. § 8108 (SHIPPING)
[§ 8108. Repealed. Pub. L. 115–282, title VI, § 601(c)(3)(A), Dec. 4, 2018, 132 Stat. 4289]
text: Section, added Pub. L. 113–281, title III, § 310(a), Dec. 18, 2014, 128 Stat. 3045; amended Pub. L. 115–232, div. C, title XXXV, § 3541(b)(14), Aug. 13, 2018, 132 Stat. 2323, established the Merchant Marine Personnel Advisory Committee. See section 15103 of this title.
46 U.S.C. § 11304 (SHIPPING)
§ 11304. Additional logbook and entry requirements
(a) A vessel of the United States that is subject to inspection under section 3301 of this title, except a vessel on a voyage from a port in the United States to a port in Canada, shall have a logbook, which may be in any form, including electronic, and shall be kept available for review by the Secretary on request.
(b) The logbook required by subsection (a) shall include the following entries:
(1) The time when each seaman and each officer assumed or relieved the watch.
(2) The number of hours in service to the vessels of each seaman and each officer.
(3) Each illness of, and injury to, a seaman of the vessel, the nature of the illness or injury, and the medical treatment provided for the injury or illness.
(Added Pub. L. 111–281, title VI, § 607(a), Oct. 15, 2010, 124 Stat. 2967; amended Pub. L. 115–282, title V, § 511, Dec. 4, 2018, 132 Stat. 4274.)
heading: Amendments
text: 2018—Subsec. (a). Pub. L. 115–282, § 511(a)(1), substituted “a logbook, which may be in any form, including electronic, and” for “an official logbook, which”.
Subsec. (b). Pub. L. 115–282, § 511(b), which directed amendment of section 11304(b), without specifying the title to be amended, by substituting “logbook” for “log book”, was executed to this section in the introductory provisions of subsec. (b), to reflect the probable intent of Congress.
Subsec. (b)(3). Pub. L. 115–282, § 511(a)(2), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “An account of each accident, illness, and injury that occurs during each watch.”
46 U.S.C. § 12114 (SHIPPING)
§ 12114. Recreational endorsement
(a) Requirements.—
A recreational endorsement may be issued for a vessel that satisfies the requirements of section 12103 of this title.
(b) Authorized Activity.—
A vessel operating under a recreational endorsement may be operated only for pleasure.
(c) Application of Customs Laws.—
A vessel for which a recreational endorsement is issued may proceed between a port of the United States and a port of a foreign country without entering or clearing with the Secretary of Homeland Security. However, a recreational vessel is subject to the requirements for reporting arrivals under section 433 of the Tariff Act of 1930 (19 U.S.C. 1433), and individuals on the vessel are subject to applicable customs regulations.
(Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1498.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
12114(a)
46:12109(a).
12114(b)
46:12109(c).
46:12110(c).
12114(c)
46:12109(b).
In subsection (c), the words “Secretary of Homeland Security” are substituted for “Customs Service” because the functions of the Customs Service and of the Secretary of the Treasury relating thereto were transferred to the Secretary of Homeland Security by section 403(1) of the Homeland Security Act of 2002 (Pub. L. 107–296, 116 Stat. 2178).
heading: Prior Provisions
text: A prior section 12114, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 589; Pub. L. 99–36, § 1(a)(8), May 15, 1985, 99 Stat. 67, originally derived from section 65c of former Title 46, Shipping, related to home ports, prior to being repealed by Pub. L. 100–710, title I, §§ 106(b)(5), 107(a), Nov. 23, 1988, 102 Stat. 4752, effective Jan. 1, 1989.
heading: Documentation of Recreational Vessels
text: Pub. L. 115–282, title VIII, § 826, Dec. 4, 2018, 132 Stat. 4314, provided that:
“Coast Guard personnel performing nonrecreational vessel documentation functions under subchapter II of chapter 121 of title 46, United States Code, may perform recreational vessel documentation under section 12114 of such title in any fiscal year in which—
“(1) funds available for Coast Guard operating expenses may not be used for expenses incurred for recreational vessel documentation;
“(2) fees collected from owners of yachts and credited to such use are insufficient to pay expenses of recreational vessel documentation; and
“(3) there is a backlog of applications for recreational vessel documentation.”
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 may require an undocumented barge of 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; Pub. L. 115–282, title V, § 513, Dec. 4, 2018, 132 Stat. 4276.)
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: 2018—Subsec. (b). Pub. L. 115–282 substituted “may” for “shall” and inserted “of” after “barge”.
1992—Pub. L. 102–587 designated existing provisions as subsec. (a) and added subsec. (b).