dreamproit/uscode huggingface dataset:
46 U.S.C. § 12136 (SHIPPING)
§ 12136. Surrender of certificates of documentation
(a) Surrender.—
An invalid certificate of documentation, or a certificate with an invalid endorsement, shall be surrendered as provided by regulations prescribed by the Secretary.
(b) Conditions for Surrender.—
(1) Vessels over 1,000 tons.—
The Secretary may condition approval of the surrender of the certificate of documentation for a vessel over 1,000 gross tons.
(2) Vessels covered by mortgage.—
The Secretary may approve the surrender of the certificate of documentation of a vessel covered by a mortgage filed or recorded under section 31321 of this title only if the mortgagee consents.
(3) Notice of lien.—
The Secretary may not refuse to approve the surrender of the certificate of documentation for a vessel solely on the basis that a notice of a claim of a lien on the vessel has been recorded under section 31343(a) of this title.
(c) Continued Application of Certain Laws.—
(1) In general.—
Notwithstanding subsection (a), until the certificate of documentation is surrendered with the approval of the Secretary, a documented vessel is deemed to continue to be documented under this chapter for purposes of—
(A) chapter 313 of this title for an instrument filed or recorded before the date of invalidation and an assignment after that date;
(B) sections 56101 and 56102(a)(2) and chapter 563 of this title; and
(C) any other law of the United States identified by the Secretary by regulation as a law to which the Secretary applies this subsection.
(2) Exception.—
This subsection does not apply when a vessel is forfeited or sold by order of a district court of the United States.
(Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1506.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
12136(a)
46:12111(b).
12136(b)(1)
46:12111(d)(2).
12136(b)(2)
46:12111(c)(3).
12136(b)(3)
46:12111(d)(1).
12136(c)(1)
46:12111(c)(1).
12136(c)(2)
46:12111(c)(2).
In subsection (a), the words “or a certificate with an invalid endorsement” are added for clarity.
heading: Statutory Notes and Related Subsidiaries
heading: Documentation Surrender and Invalidation
text: Pub. L. 101–225, title III, § 301(b), Dec. 12, 1989, 103 Stat. 1922, provided that:
“Section 12111(c)(3) [now section 12136(b)(2)] of title 46, United States Code, does not apply to a mortgage that—
“(1) was filed or recorded before January 1, 1989; and
“(2) was not a preferred mortgage (as that term is defined in section 31301(6) of that title) on that date.”
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: Editorial Notes
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).
46 U.S.C. § 12309 (SHIPPING)
§ 12309. Penalties
(a) A person willfully violating this chapter or a regulation prescribed under this chapter shall be fined not more than $5,000, imprisoned for not more than one year, or both.
(b) A person violating this chapter or a regulation prescribed under this chapter is liable to the United States Government for a civil penalty of not more than $1,000. If the violation involves the operation of a vessel, the vessel also is liable in rem for the penalty.
(c) When a civil penalty of not more than $200 has been assessed under this chapter, the Secretary may refer the matter of collection of the penalty directly to the United States magistrate judge of the jurisdiction in which the person liable may be found for collection procedures under supervision of the district court and under an order issued by the court delegating this authority under section 636(b) of title 28.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 592; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
12309(a)
46:1483
12309(b)
46:1484(b)
12309(c)
46:1484(d)
Section 12309 provides for civil and criminal penalties for violation of the vessel numbering provisions in this title.
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: “United States magistrate judge” substituted for “United States magistrate” in subsec. (c) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
46 U.S.C. § 12502 (SHIPPING)
§ 12502. Identification numbers, signal letters, and markings
(a) For the identification of a vessel of the United States, the Secretary of Transportation—
(1) shall maintain a unique numbering system and assign a number to each vessel of the United States;
(2) may maintain a system of signal letters for a documented vessel;
(3) shall record a name selected by the owner of a documented vessel approved by the Secretary as the vessel’s name of record; and
(4) may establish other identification markings.
(b) The manufacturer or owner of a vessel shall affix to the vessel and maintain in the manner prescribed by the Secretary the number assigned and any other markings the Secretary may require.
(c) Once a number is assigned under this section, it may not be used by another vessel.
(d) Once a documented vessel’s name is established, the name may not be changed without the approval of the Secretary.
(e) A person may not tamper with or falsify a number or other marking required under this section.
(Added Pub. L. 100–710, title I, § 101(a), Nov. 23, 1988, 102 Stat. 4736.)
heading: Historical and Revision Notes
text: Revised section 12502
Subsection (a) of this section requires the Secretary to maintain a unique numbering system for vessels of the United States. The Secretary may use existing vessel numbering systems such as the hull identification number for this purpose, but must ensure that no two existing vessels of the United States have the same number. The Secretary should consider and propose the use of a 17-digit number to implement this requirement. This subsection also requires the Secretary to maintain a system of signal letters and to record vessel names for documented vessels. The Secretary is authorized to establish other vessel identification markings for vessels of the United States, such as hailing ports.
Subsections (b), (c), (d), and (e) contain other requirements and restrictions concerning vessel identification markings.
This section consolidates the requirements of sections 12114, 12115, 12116, and 12118 of title 46. For this reason, section 106 of this bill repeals those sections.
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.
heading: Vessels Not Having Unique Number; Applicability of Provisions for Number Assignment
text: Pub. L. 100–710, title I, § 104(f), Nov. 23, 1988, 102 Stat. 4751, provided that:
“Section 12502(a)(1) of title 46, United States Code (as enacted by section 101 of this Act), applies to a vessel of the United States that does not have a unique number as prescribed by the Secretary of Transportation under that section until the earlier of the following:
“(1) the next time the vessel is documented, numbered, or titled.
“(2) January 1, 1995.”
46 U.S.C. § 12504 (SHIPPING)
§ 12504. Information available from the system
For law enforcement or other purposes and under conditions prescribed by the Secretary of Transportation, the Secretary—
(1) shall make available information in the vessel identification system to a State making information available under section 12503(a) of this title; and
(2) may make available information in the vessel identification system to others.
(Added Pub. L. 100–710, title I, § 101(a), Nov. 23, 1988, 102 Stat. 4736; amended Pub. L. 101–225, title III, § 302(3), Dec. 12, 1989, 103 Stat. 1923.)
heading: Historical and Revision Notes
text: Revised section 12504
This section requires that the Secretary make available information maintained in the vessel identification system to a State participating in the system for law enforcement or other purposes. The Secretary may make available information in the system to others, under conditions the Secretary may prescribe. At first, the Secretary may elect to deal only with the States. However, the Committee firmly expects that information will be made available through computer terminals in satellite offices or direct computer access by modem. In this manner, boating organizations or financial or documentation services could retrieve data without paper transactions for a fee.
heading: Editorial Notes
heading: Amendments
text: 1989—Pub. L. 101–225 substituted “Secretary of Transportation, the Secretary” for “Secretary, the Secretary of Transportation”.
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.
46 U.S.C. § 12506 (SHIPPING)
§ 12506. Delegation of authority
The Secretary of Transportation may delegate to an agency, a State, or a qualified person the authority to—
(1) establish and maintain the vessel identification system; and
(2) charge fees under section 12505 of this title to a person making information available to or requesting information from the vessel identification system.
(Added Pub. L. 100–710, title I, § 101(a), Nov. 23, 1988, 102 Stat. 4737.)
heading: Historical and Revision Notes
text: Revised section 12506
This section allows the Secretary to delegate the authority to establish and maintain the vessel identification system to an agency, a State, or a qualified person. The Secretary may also delegate the authority to charge fees under section 12505 for requesting information from or making information available to the vessel identification system.
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.
46 U.S.C. § 12507 (SHIPPING)
§ 12507. Penalties
(a) A person shall be fined under title 18, imprisoned for not more than 2 years, or both, if the person with the intent to defraud—
(1) provides false information to the Secretary of Transportation or a State issuing authority regarding the identification of a vessel under this chapter; or
(2) tampers with, removes, or falsifies the unique vessel identification number assigned to a vessel under section 12502 of this title.
(b) A person is liable to the United States Government for a civil penalty of not more than $10,000 if the person—
(1) provides false information to the Secretary or a State issuing authority regarding the identification of a vessel under this chapter;
(2) violates section 12502 of this title; or
(3) fails to comply with requirements prescribed by the Secretary under section 12505 of this title.
(c) A vessel involved in a violation of this chapter, or regulation under this chapter, and its equipment, may be seized by, and forfeited to, the Government.
(d) If a person, not an individual, is involved in a violation of this chapter, the president or chief executive of the person also is subject to any penalty provided under this section.
(Added Pub. L. 100–710, title I, § 101(a), Nov. 23, 1988, 102 Stat. 4737.)
heading: Historical and Revision Notes
text: Revised section 12507
This section establishes criminal and civil penalties for certain violations of chapter 125 of title 46 (as enacted by this Act).
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.
46 U.S.C. § 13101 (SHIPPING)
§ 13101. Definitions
In this chapter:
(1) Eligible State.—
The term “eligible State” means a State that has a State recreational boating safety program accepted by the Secretary.
(2) State Recreational Boating Safety Program.—
The term “State recreational boating safety program” means education, assistance, and enforcement activities conducted for maritime casualty prevention, reduction, and reporting for recreational boating.
(Pub. L. 109–304, § 16(b)(2), Oct. 6, 2006, 120 Stat. 1705.)
heading: Historical and Revision Notes
text: Section 16 of the bill [H.R. 1442, which became Pub. L. 109–304] moves the definitions relating to the recreational boating safety program from section 2102(a)(1) and (3) to chapter 131 because the terms only appear in chapter 131.
Section 16 of the bill also eliminates the special definitions of “State” and “United States” in section 2102(a)(2) as including the Trust Territory of the Pacific Islands because the Trust Territory has been terminated. See the definitions of “State” and “United States” in section 2101, which are being moved to chapter 1 and being made applicable title-wide. Those definitions already include the Northern Mariana Islands, the only component of the former Trust Territory still under United States sovereignty.
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 13101 was renumbered section 13102 of this title.
46 U.S.C. § 13106 (SHIPPING)
§ 13106. Computation decisions about State amounts expended
(a) Consistent with regulations prescribed by the Secretary, the computation by a State of amounts expended for the State recreational boating safety program shall include—
(1) the acquisition, maintenance, and operating costs of land, facilities, equipment, and supplies;
(2) personnel salaries and reimbursable expenses;
(3) the costs of training personnel;
(4) public boat safety education;
(5) the costs of carrying out the program; and
(6) other expenses that the Secretary considers appropriate.
(b) The Secretary shall decide an issue arising out of the computation made under subsection (a) of this section.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 596, § 13105; Pub. L. 98–369, div. A, title X, § 1011(e), July 18, 1984, 98 Stat. 1013; Pub. L. 101–595, title III, § 312(c), Nov. 16, 1990, 104 Stat. 2987; renumbered § 13106, Pub. L. 109–304, § 16(b)(1), Oct. 6, 2006, 120 Stat. 1705.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
13105
46:1478
Section 13105 prescribes what amounts expended or obligated by a State will be counted toward the State’s share. This section also authorizes the Secretary to settle any dispute over the computations required by this section.
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 13106 was renumbered section 13107 of this title.
heading: Amendments
text: 2006—Pub. L. 109–304 renumbered section 13105 of this title as this section.
1990—Subsec. (a). Pub. L. 101–595 struck out “or obligated” after “expended” in provisions preceding par. (1).
1984—Subsec. (a). Pub. L. 98–369 struck out “and facilities improvement” after “boating safety” in provisions preceding par. (1).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1984 Amendment
text: Amendment by Pub. L. 98–369 effective Oct. 1, 1984, to apply with respect to fiscal years beginning after Sept. 30, 1984, see section 1013 of Pub. L. 98–369, set out as a note under section 13101 of this title.
46 U.S.C. § 13109 (SHIPPING)
§ 13109. Consultation, cooperation, and regulation
(a) In carrying out responsibilities under this chapter, the Secretary may consult with State and local governments, public and private agencies, organizations and committees, private industry, and other persons having an interest in boating safety.
(b) The Secretary may advise, assist, and cooperate with the States and other interested public and private agencies in planning, developing, and carrying out boating safety programs. Acting under section 141 1 of title 14, the Secretary shall ensure the fullest cooperation between the State and United States Government authorities in promoting boating safety by making agreements and other arrangements with States when possible. Subject to chapter 23 1 of title 14, the Secretary may make available, on request of a State, the services of members of the Coast Guard Auxiliary to assist the State in promoting boating safety on State waters.
(c) The Secretary may prescribe regulations to carry out this chapter.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 597; Pub. L. 98–369, div. A, title X, § 1011(g), July 18, 1984, 98 Stat. 1013.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
13109
46:1481
Section 13109 authorizes the Secretary to consult with State and local governments, public and private agencies, and any other persons that have an interest in boating safety.
This section also authorizes the Secretary to advise and assist the States and other public and private agencies in the planning and carrying out of their boating safety and facilities improvement programs.
heading: Editorial Notes
heading: References in Text
text: Section 141 of title 14, referred to in subsec. (b), was redesignated section 701 of title 14 by Pub. L. 115–282, title I, § 106(b), Dec. 4, 2018, 132 Stat. 4203, and references to section 141 of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redesignated by Pub. L. 115–282 note preceding section 101 of Title 14, Coast Guard.
Chapter 23 of title 14, referred to in subsec. (b), was comprised of sections 821 to 832 prior to the renumbering of such sections as sections 3901 to 3913, respectively, of title 14 by Pub. L. 115–282, title I, § 119(b), Dec. 4, 2018, 132 Stat. 4236. After renumbering, such sections now comprise chapter 39 of Title 14.
heading: Amendments
text: 1984—Subsec. (a). Pub. L. 98–369 struck out “and facilities improvement” after “boating safety”.
Subsec. (b). Pub. L. 98–369 struck out “and facilities improvement” after “and carrying out boating safety”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1984 Amendment
text: Amendment by Pub. L. 98–369 effective Oct. 1, 1984, to apply with respect to fiscal years beginning after Sept. 30, 1984, see section 1013 of Pub. L. 98–369, set out as a note under section 13101 of this title.
46 U.S.C. § 14101 (SHIPPING)
§ 14101. Definitions
In this part—
(1) “Convention” means the International Convention on Tonnage Measurement of Ships, 1969.
(2) “existing vessel” means a vessel the keel of which was laid or that was at a similar stage of construction before July 18, 1982.
(3) “Great Lakes” means—
(A) the Great Lakes; and
(B) the St. Lawrence River west of—
(i) a rhumb line drawn from Cap des Rosiers to West Point, Anticosti Island; and
(ii) on the north side of Anticosti Island, the meridian of longitude 63 degrees west.
(4) “vessel that engages on a foreign voyage” means a vessel—
(A) that arrives at a place under the jurisdiction of the United States from a place in a foreign country;
(B) that makes a voyage between places outside the United States;
(C) that departs from a place under the jurisdiction of the United States for a place in a foreign country; or
(D) that makes a voyage between a place within a territory or possession of the United States and another place under the jurisdiction of the United States not within that territory or possession.
(Pub. L. 99–509, title V, § 5101(3), Oct. 21, 1986, 100 Stat. 1919; Pub. L. 111–281, title III, § 303(a), Oct. 15, 2010, 124 Stat. 2923.)
heading: Historical and Revision Notes
text: Revised section 14101
Source: International Convention on Tonnage Measurement of Ships.
Section 14101 contains definitions that are limited to Part J—Measurement of Vessels. The source of these definitions is the International Convention on Tonnage Measurement of Ships in articles 2 and 4.
heading: Editorial Notes
heading: Amendments
text: 2010—Par. (4). Pub. L. 111–281, § 303(a)(1), substituted “that engages” for “engaged” in introductory provisions.
Par. (4)(A). Pub. L. 111–281, § 303(a)(2), substituted “that arrives” for “arriving”.
Par. (4)(B). Pub. L. 111–281, § 303(a)(3), substituted “that makes” for “making” and struck out “(except a foreign vessel engaged on that voyage)” after “United States”.
Par. (4)(C). Pub. L. 111–281, § 303(a)(4), substituted “that departs” for “departing”.
Par. (4)(D). Pub. L. 111–281, § 303(a)(5), substituted “that makes” for “making”.
46 U.S.C. § 14103 (SHIPPING)
§ 14103. Delegation of authority
(a) The Secretary may delegate to a qualified person the authority to measure a vessel and issue an International Tonnage Certificate (1969) or other appropriate certificate of measurement under this part.
(b) Under regulations prescribed by the Secretary, a decision of the person delegated authority under subsection (a) of this section related to measuring a vessel or issuing a certificate may be appealed to the Secretary.
(c) For a vessel that engages on a foreign voyage, the Secretary may delegate to another country that is a party to the Convention the authority to measure the vessel and issue an International Tonnage Certificate (1969) under chapter 143 of this title.
(d) The Secretary may terminate a delegation made under this section after giving written notice to the person.
(Pub. L. 99–509, title V, § 5101(3), Oct. 21, 1986, 100 Stat. 1919; Pub. L. 111–281, title III, § 303(b), Oct. 15, 2010, 124 Stat. 2924.)
heading: Historical and Revision Notes
text: Revised section 14103
Source: International Convention on Tonnage Measurement of Ships.
Section 14103(a) authorizes the Secretary to delegate to a qualified person the authority to measure a vessel and issue an International Tonnage Certificate or other certificate of measurement. The term “qualified person” means an organization that the Secretary believes has the necessary qualifications to measure a vessel competently, such as the American Bureau of Shipping.
The conferees intend that in section 14103 the term “qualified person” includes not only organizations that the Secretary finds to be qualified to perform measurement duties, but any person as that term is defined in section 1 of title 1, United States Code (including individuals), that the Secretary determines qualified to perform measurement duties. The House and Senate conferees also agree that, where authorized, in addition to information required by the Secretary, regulatory tonnage should be used on all certificates and documents related to a vessel unless the owner otherwise requests.
Section 14103(b) provides for the appeal to the Secretary of a decision made by a person that has received delegated authority. This ensures that the Secretary has full oversight of delegated tonnage measurement functions.
Section 14103(c) authorizes the Secretary to delegate to a country that is a party to the International Convention on Tonnage Measurement of Ships, 1969, the authority to measure a vessel and issue an International Tonnage Certificate.
Section 14103(d) clarifies the Secretary’s authority to revoke at any time and without cause a delegation of authority to measure a vessel or issue a certificate. This authority is given so that no delay occurs administratively in revoking a delegation wherever the Secretary decides a revocation is warranted.
heading: Editorial Notes
heading: Amendments
text: 2010—Subsec. (c). Pub. L. 111–281 substituted “that engages on” for “intended to be engaged on”.