dreamproit/uscode huggingface dataset:
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: Editorial Notes
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. § 11505 (SHIPPING)
§ 11505. Disposal of forfeitures
(a) Money, property, and wages forfeited under this chapter for desertion may be applied to compensate the owner or master of the vessel for expenses caused by the desertion. The balance shall be transferred to the appropriate district court of the United States when the voyage is completed.
(b) If it appears to the district court that the forfeiture was imposed properly, the property transferred may be sold in the same manner prescribed for the disposition of the property of deceased seamen. The court shall deposit in the Treasury as miscellaneous receipts the proceeds of the sale and any money and wages transferred to the court.
(c) When an owner or master fails to transfer the balance as required under subsection (a) of this section, the owner or master is liable to the United States Government for a civil penalty of 2 times the amount of the balance, recoverable by the Secretary in the same manner that seaman’s wages are recovered.
(d) In all other cases of forfeiture of wages, the forfeiture shall be for the benefit of the owner of the vessel.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 584; Pub. L. 103–206, title IV, § 421, Dec. 20, 1993, 107 Stat. 2438.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
11505
46:706
Section 11505 provides for the disposal of wages forfeited by deserting seamen.
heading: Editorial Notes
heading: Amendments
text: 1993—Subsec. (a). Pub. L. 103–206, § 421(1), substituted “The balance shall be transferred to the appropriate district court of the United States when the voyage is completed.” for “The balance shall be transferred to the Secretary when the voyage is completed, as prescribed by the Secretary.”
Subsec. (b). Pub. L. 103–206, § 421(2), struck out at beginning “Within one month of receiving the balance under subsection (a) of this section, the Secretary shall transfer the balance to the appropriate district court of the United States.”
46 U.S.C. § 12101 (SHIPPING)
§ 12101. Definitions
(a) Rebuilt in the United States.—
In this chapter, a vessel is deemed to have been rebuilt in the United States only if the entire rebuilding, including the construction of any major component of the hull or superstructure, was done in the United States.
(b) Related Terms in Other Laws.—
When the following terms are used in a law, regulation, document, ruling, or other official act referring to the documentation of a vessel, the following definitions apply:
(1) Registry endorsement.—
The terms “certificate of registry”, “register”, and “registry” mean a certificate of documentation with a registry endorsement issued under this chapter.
(2) Coastwise endorsement.—
The terms “license”, “enrollment and license”, “license for the coastwise (or coasting) trade”, and “enrollment and license for the coastwise (or coasting) trade” mean a certificate of documentation with a coastwise endorsement issued under this chapter.
(3) Yacht.—
The term “yacht” means a recreational vessel even if not documented.
(Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1491.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
12101(a)
46:12101(a)(2).
46 App.:883 (2d proviso related to meaning of “rebuilt”).
June 5, 1920, ch. 250, § 27 (2d proviso related to meaning of “rebuilt”), 41 Stat. 999; July 2, 1935, ch. 355, 49 Stat. 442; July 14, 1956, ch. 600, § 1, 70 Stat. 544; Pub. L. 86–583, § 1, July 5, 1960, 74 Stat. 321; Pub. L. 100–239, § 6(c)(1), Jan. 11, 1988, 101 Stat. 1782.
12101(b)
46:12101(b).
In subsection (a), the words “its territories” and “or its possessions” are omitted because of the definition of “United States” in chapter 1 of the revised title. The words “(not including trust territories)” are omitted because the Trust Territory of the Pacific Islands has terminated. See 48 U.S.C. 1681 note prec.
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 12101, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 585; Pub. L. 98–364, title IV, § 402(16), July 17, 1984, 98 Stat. 450; Pub. L. 99–36, § 1(a)(7)(B), May 15, 1985, 99 Stat. 67; Pub. L. 100–239, § 3(2), (3), Jan. 11, 1988, 101 Stat. 1778; Pub. L. 101–225, title III, § 301(a)(1), Dec. 12, 1989, 103 Stat. 1920; Pub. L. 104–324, title XI, § 1115(b)(2), Oct. 19, 1996, 110 Stat. 3972, originally derived from section 65w of former Title 46, Shipping, related to definitions and related terms in other laws, prior to the general amendment of this chapter by Pub. L. 109–304. See this section and section 108 of this title.
46 U.S.C. § 12103 (SHIPPING)
§ 12103. General eligibility requirements
(a) In General.—
Except as otherwise provided, a certificate of documentation for a vessel may be issued under this chapter only if the vessel is—
(1) wholly owned by one or more individuals or entities described in subsection (b);
(2) at least 5 net tons as measured under part J of this subtitle; and
(3) not documented under the laws of a foreign country.
(b) Eligible Owners.—
For purposes of subsection (a)(1), the following are eligible owners:
(1) An individual who is a citizen of the United States.
(2) An association, trust, joint venture, or other entity if—
(A) each of its members is a citizen of the United States; and
(B) it is capable of holding title to a vessel under the laws of the United States or a State.
(3) A partnership if—
(A) each general partner is a citizen of the United States; and
(B) the controlling interest in the partnership is owned by citizens of the United States.
(4) A corporation if—
(A) it is incorporated under the laws of the United States or a State;
(B) its chief executive officer, by whatever title, and the chairman of its board of directors are citizens of the United States; and
(C) no more of its directors are noncitizens than a minority of the number necessary to constitute a quorum.
(5) The United States Government.
(6) The government of a State.
(c) Temporary Certificates Prior to Measurement.—
Notwithstanding subsection (a)(2), the Secretary may issue a temporary certificate of documentation for a vessel before it is measured.
(Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1492.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
12103(a)
46:12102(a) (less ownership), (b) (1st sentence).
12103(b)
46:12102(a) (related to ownership)
12103(c)
46:12102(b) (last sentence).
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 12103, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 585; Pub. L. 100–710, title I, § 104(a)(4), (6), Nov. 23, 1988, 102 Stat. 4750; Pub. L. 101–225, title III, § 301(a)(3), Dec. 12, 1989, 103 Stat. 1920; Pub. L. 102–388, title III, § 348(c)(1), Oct. 6, 1992, 106 Stat. 1554; Pub. L. 102–587, title V, § 5213(a)(1), Nov. 4, 1992, 106 Stat. 5077; Pub. L. 107–295, title IV, § 422(a), Nov. 25, 2002, 116 Stat. 2125, originally derived from section 65e of former Title 46, Shipping, related to certificates of documentation, prior to the general amendment of this chapter by Pub. L. 109–304. See sections 12104, 12105, and 12133 of this title.
A prior section 12103a, added Pub. L. 107–295, title IV, § 422(b)(1), Nov. 25, 2002, 116 Stat. 2125, related to issuance of temporary certificate of documentation by third parties, prior to the general amendment of this chapter by Pub. L. 109–304. See section 12105 of this title.
46 U.S.C. § 12104 (SHIPPING)
§ 12104. Applications for documentation
(a) In General.—
An application for a certificate of documentation or endorsement under this chapter must be filed by the owner of the vessel. The application must be filed in the manner, be in the form, and contain the information prescribed by the Secretary.
(b) Applicant’s Identifying Information.—
The Secretary shall require the applicant to provide—
(1) if the applicant is an individual, the individual’s social security number; or
(2) if the applicant is an entity—
(A) the entity’s taxpayer identification number; or
(B) if the entity does not have a taxpayer identification number, the social security number of an individual who is a corporate officer, general partner, or individual trustee of the entity and who signs the application.
(Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1493.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
12104(a)
46:12103(a) (related to filing by owner), (b)(1).
12104(b)
46:12103(b)(2).
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 12104, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 586; Pub. L. 99–36, § 1(a)(7)(B), May 15, 1985, 99 Stat. 67; Pub. L. 101–225, title III, § 301(a)(4), Dec. 12, 1989, 103 Stat. 1920, originally derived from section 65g of former Title 46, Shipping, related to effect of documentation, prior to the general amendment of this chapter by Pub. L. 109–304. See section 12134 of this title.
46 U.S.C. § 12106 (SHIPPING)
§ 12106. Surrender of title and number
(a) In General.—
A documented vessel may not be titled by a State or required to display numbers under chapter 123 of this title, and any certificate of title issued by a State for a documented vessel shall be surrendered as provided by regulations prescribed by the Secretary.
(b) Vessels Covered by Preferred Mortgage.—
The Secretary may approve the surrender under subsection (a) of a certificate of title for a vessel covered by a preferred mortgage under section 31322(d) of this title only if the mortgagee consents.
(Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1494.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
12106
46:12124.
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 12106, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 586; Pub. L. 98–454, title III, § 301(b), Oct. 5, 1984, 98 Stat. 1734; Pub. L. 100–239, § 6(a)(2), (3), Jan. 11, 1988, 101 Stat. 1781; Pub. L. 101–225, title III, § 301(a)(6), Dec. 12, 1989, 103 Stat. 1921; Pub. L. 101–380, title IV, § 4205, Aug. 18, 1990, 104 Stat. 533; Pub. L. 104–324, title VII, § 743, title XI, § 1113(d), Oct. 19, 1996, 110 Stat. 3942, 3971; Pub. L. 108–293, title VI, § 608(a), Aug. 9, 2004, 118 Stat. 1054, originally derived from section 65i of former Title 46, Shipping, related to coastwise endorsements, prior to the general amendment of this chapter by Pub. L. 109–304. See sections 12102, 12112, 12116, 12117, and 12119 of this title.
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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. § 12115 (SHIPPING)
§ 12115. Temporary endorsement for vessels procured outside the United States
(a) General Authority.—
The Secretary and the Secretary of State, acting jointly, may provide for the issuance of a certificate of documentation with an appropriate endorsement for a vessel procured outside the United States and meeting the ownership requirements of section 12103 of this title.
(b) Authorized Activity.—
Subject to limitations the Secretary may prescribe, a vessel documented under this section may proceed to the United States and engage en route in foreign trade or trade with Guam, American Samoa, Wake, Midway, or Kingman Reef.
(c) Application of United States Jurisdiction and Laws.—
A vessel documented under this section is subject to the jurisdiction and laws of the United States. However, if the Secretary considers it to be in the public interest, the Secretary may suspend for a period of not more than 6 months the application of a vessel inspection law carried out by the Secretary or regulations prescribed under that law.
(d) Surrender of Certificate.—
On the vessel’s arrival in the United States, the certificate of documentation shall be surrendered as provided by regulations prescribed by the Secretary.
(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)
12115(a)
46:12112(a).
12115(b)
46:12112(b) (1st sentence).
12115(c)
46:12112(c).
12115(d)
46:12112(b) (last sentence).
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 12115, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 589, originally derived from section 65d of former Title 46, Shipping, related to names of vessels, 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.
46 U.S.C. § 12116 (SHIPPING)
§ 12116. Limited endorsements for Guam, American Samoa, and Northern Mariana Islands
(a) Endorsements.—
A vessel satisfying the requirements of subsection (b) may be issued—
(1) a coastwise endorsement to engage in the coastwise trade of fisheries products between places in Guam, American Samoa, and the Northern Mariana Islands; or
(2) a fishery endorsement to engage in fishing in the territorial sea and fishery conservation zone adjacent to Guam, American Samoa, and the Northern Mariana Islands.
(b) Requirements.—
An endorsement may be issued under subsection (a) for a vessel that—
(1) satisfies the requirements of section 12103 of this title;
(2) was not built in the United States, except that for an endorsement under subsection (a)(2), the vessel must not have been built or rebuilt in the United States;
(3) is less than 200 gross tons as measured under section 14502 of this title, or an alternate tonnage as measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title; and
(4) otherwise qualifies under the laws of the United States to engage in the coastwise trade or the fisheries, as the case may be.
(Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1499.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
12116
46:12106(c).
46:12108(c).
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 12116, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 589, originally derived from section 65f of former Title 46, Shipping, related to numbers, signal letters, and identification markings, 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: Executive Documents
heading: Territorial Sea of United States
text: For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands.
46 U.S.C. § 12117 (SHIPPING)
§ 12117. Oil spill response vessels
(a) Requirements.—
A coastwise endorsement may be issued for a vessel that—
(1) satisfies the requirements for a coastwise endorsement, except for the ownership requirement otherwise applicable without regard to this section;
(2) is owned by a not-for-profit oil spill response cooperative or by members of such a cooperative that dedicate the vessel to use by the cooperative;
(3) is at least 50 percent owned by individuals or entities described in section 12103(b) of this title; and
(4) is to be used only for—
(i) deploying equipment, supplies, and personnel to recover, contain, or transport oil discharged into the navigable waters of the United States or the exclusive economic zone; or
(ii) training exercises to prepare to respond to such a discharge.
(b) Deemed Owned by Citizens.—
A vessel satisfying subsection (a) is deemed to be owned only by citizens of the United States under sections 12103, 12132, and 50501 of this title.
(Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1499.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
12117
46:12106(d).
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 12117, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 589; Pub. L. 100–710, title I, § 104(a)(4), Nov. 23, 1988, 102 Stat. 4750, originally derived from section 65q of former Title 46, Shipping, related to recording of United States built vessels, prior to the general amendment of this chapter by Pub. L. 109–304. See section 12137 of this title.
46 U.S.C. § 12120 (SHIPPING)
§ 12120. Liquified gas tankers
Notwithstanding any agreement with the United States Government, the Secretary may issue a certificate of documentation with a coastwise endorsement for a vessel to transport liquified natural gas or liquified petroleum gas to Puerto Rico from other ports in the United States, if the vessel—
(1) is a foreign built vessel that was built before October 19, 1996; or
(2) was documented under this chapter before that date, even if the vessel is placed under a foreign registry and subsequently redocumented under this chapter for operation under this section.
(Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1504.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
12120
46 App.:883 note.
Pub. L. 104–324, title VII, § 1120(f), Oct. 19, 1996, 110 Stat. 3978.
The words “Notwithstanding section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883), section 12106 of title 46, United States Code, section 506 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1156)” are omitted as unnecessary. The words “the Commonwealth of” are omitted as unnecessary and for consistency in the revised title.
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 12120, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 589; Pub. L. 100–710, title I, § 104(a)(4), Nov. 23, 1988, 102 Stat. 4750; Pub. L. 108–293, title IV, § 401, Aug. 9, 2004, 118 Stat. 1042; Pub. L. 109–241, title III, § 308, July 11, 2006, 120 Stat. 528, originally derived from section 65t of former Title 46, Shipping, related to reports, prior to the general amendment of this chapter by Pub. L. 109–304. See section 12139 of this title.
46 U.S.C. § 12131 (SHIPPING)
§ 12131. Command of documented vessels
(a) In General.—
Except as provided in subsection (b), a documented vessel may be placed under the command only of a citizen of the United States.
(b) Exceptions.—
Subsection (a) does not apply to—
(1) a vessel with only a recreational endorsement; or
(2) an unmanned barge operating outside of the territorial waters of the United States.
(Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1505; Pub. L. 110–181, div. C, title XXXV, § 3529(a)(3), Jan. 28, 2008, 122 Stat. 603.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
12131
46:12110(d).
heading: Editorial Notes
heading: Amendments
text: 2008—Subsec. (a). Pub. L. 110–181 substituted “command” for “commmand”.