dreamproit/uscode huggingface dataset:
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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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. § 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: Editorial Notes
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. § 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: Editorial Notes
heading: Amendments
text: 2010—Pub. L. 111–281 designated existing provisions as subsec. (a) and added subsec. (b).
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: Editorial Notes
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: Editorial Notes
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. § 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: Editorial Notes
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. § 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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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. § 30301 (SHIPPING)
§ 30301. Short title
This chapter may be cited as the “Death on the High Seas Act”.
(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)
30301
46 App.:761 note.
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Act Mar. 30, 1920, ch. 111, 41 Stat. 537, which enacted chapter 21 (§ 761 et seq.) of the former Appendix to this title, was popularly known as the “Death on the High Seas Act”, prior to being repealed and restated in this chapter by Pub. L. 109–304, §§ 6(c), 19, Oct. 6, 2006, 120 Stat. 1509, 1710.
46 U.S.C. § 30901 (SHIPPING)
§ 30901. Short title
This chapter may be cited as the “Suits in Admiralty Act”.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1517.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
30901
46 App.:741 note.
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Act Mar. 9, 1920, ch. 95, 41 Stat. 525, which enacted chapter 20 (§ 741 et seq.) of the former Appendix to this title, was popularly known as the “Suits in Admiralty Act”, prior to being repealed and restated in this chapter by Pub. L. 109–304, §§ 6(c), 19, Oct. 6, 2006, 120 Stat. 1509, 1710.
46 U.S.C. § 31101 (SHIPPING)
§ 31101. Short title
This chapter may be cited as the “Public Vessels Act”.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1521.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
31101
46 App.:781 note.
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Act of March 3, 1925, ch. 428, 43 Stat. 1112, which enacted chapter 22 (§ 781 et seq.) of the former Appendix to this title, was popularly known as the “Public Vessels Act”, prior to being repealed and restated in this chapter by Pub. L. 109–304, §§ 6(c), 19, Oct. 6, 2006, 120 Stat. 1509, 1710.
46 U.S.C. § 31302 (SHIPPING)
§ 31302. Availability of instruments, copies, and information
The Secretary shall—
(1) make any instrument filed or recorded with the Secretary under this chapter available for public inspection;
(2) on request, provide a copy, including a certified copy, of any instrument made available for public inspection under this chapter; and
(3) on request, provide a certificate containing information included in an instrument filed or recorded under this chapter.
(Pub. L. 100–710, title I, § 102(c), Nov. 23, 1988, 102 Stat. 4740; Pub. L. 111–281, title IX, § 913(a)(1), Oct. 15, 2010, 124 Stat. 3017.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
31302(1)
46:927 (1st sentence)
31302(2)
46:927 (2d sentence)
31302(3)
New
Section 31302(1) makes all instruments filed for recording or recorded with the Secretary of Transportation available for public inspection. The only substantive change to law made by this subsection is the inclusion of instruments filed for recording, which is in keeping with the new requirements on filing of instruments made in section 31321.
Section 31302(2) requires the Secretary to provide the public with a certified copy of the material made available to the public under subsection (a). This subsection makes no substantive change to law.
Section 31302(3) requires the Secretary, on request, to issue a certificate containing the information included in instruments on file, such as certificates of ownership.
heading: Editorial Notes
heading: Amendments
text: 2010—Pub. L. 111–281 struck out “of Transportation” after “Secretary” in introductory provisions.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Jan. 1, 1989, with certain exceptions and qualifications, see section 107 of Pub. L. 100–710, set out as a note under section 31301 of this title.