46 USC 12132 Loss of Coastwise Trade Privileges

§ 12131

TITLE 46—SHIPPING

‘‘(A) was not built in the United States and is at least
3 years old; or
‘‘(B) if rebuilt, was rebuilt outside the United States
at least 3 years before the certificate requested under
subsection (b) would take effect.’’
Subsec. (b). Pub. L. 116–283, § 8312(2), inserted ‘‘12132,’’
after ‘‘12113,’’ in introductory provisions.
PRIOR PROVISIONS
A prior section 12121, Pub. L. 98–89, Aug. 26, 1983, 97
Stat. 589, originally derived from section 65v(2) of
former Title 46, Shipping, related to the authority of
the Secretary to prescribe regulations to carry out this
chapter, prior to being repealed by Pub.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.
A prior section 12122, Pub. L. 98–89, Aug. 26, 1983, 97
Stat. 590; Pub. L. 99–307, § 1(16), May 19, 1986, 100 Stat.
446; Pub. L. 104–324, title III, § 301(a), (b), Oct. 19, 1996,
110 Stat. 3916; Pub. L. 105–277, div. C, title II, § 203(f),
Oct. 21, 1998, 112 Stat. 2681–620; Pub. L. 106–31, title III,
§ 3027(b), May 21, 1999, 113 Stat. 101; Pub. L. 108–293, title
IV, § 404(b), Aug. 9, 2004, 118 Stat. 1043, originally derived from sections 65n and 65u(a) of former Title 46,
Shipping, related to penalties, prior to the general
amendment of this chapter by Pub. L. 109–304. See section 12151 of this title.
A prior section 12123, added Pub. L. 102–587, title V,
§ 5213(a)(3), Nov. 4, 1992, 106 Stat. 5077, related to denial
and revocation of endorsements, prior to the general
amendment of this chapter by Pub. L. 109–304. See section 12152 of this title.
Another prior section 12123, added Pub. L. 102–388,
title III, § 348(a), Oct. 6, 1992, 106 Stat. 1554, related to
the denial and revocation of trade or recreational endorsement upon failure of vessel’s owner to pay assessment of civil penalty for violation of law, prior to repeal by Pub. L. 104–324, title VII, § 746(a)(1), Oct. 19, 1996,
110 Stat. 3943.
A prior section 12124, added Pub. L. 105–383, title IV,
§ 401(a)(2), Nov. 13, 1998, 112 Stat. 3424, related to surrender of title and number, prior to the general amendment of this chapter by Pub. L. 109–304. See section
12106 of this title.
Statutory Notes and Related Subsidiaries
EFFECT OF REPEAL
Pub. L. 107–295, title II, § 207(c)(1), Nov. 25, 2002, 116
Stat. 2097, provided that: ‘‘Section 505 of the Coast
Guard Authorization Act of 1998 [Pub. L. 105–383] ([formerly] 46 U.S.C. 12106 note) is repealed. The repeal of
section 505 shall have no effect on the validity of any
certificate or endorsement issued under section 502 of
that Act [now 46 U.S.C. 12121(b)].’’

SUBCHAPTER III—MISCELLANEOUS
§ 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.)
HISTORICAL AND REVISION NOTES
Revised
Section
12131 ..........

Source (U.S. Code)
46:12110(d).

Source (Statutes at Large)

Page 218
Editorial Notes
AMENDMENTS

2008—Subsec. (a). Pub. L. 110–181 substituted ‘‘command’’ for ‘‘commmand’’.

§ 12132. Loss of coastwise trade privileges
(a) SOLD FOREIGN OR PLACED UNDER FOREIGN
REGISTRY.—A vessel of more than 200 gross tons
(as measured under chapter 143 of this title), eligible to engage in the coastwise trade, and later
sold foreign in whole or in part or placed under
foreign registry may not thereafter engage in
the coastwise trade.
(b) REBUILT OUTSIDE THE UNITED STATES.—A
vessel eligible to engage in the coastwise trade
and later rebuilt outside the United States may
not thereafter engage in the coastwise trade.
(Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1505.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

12132(a) ......

46 App.:883 (1st proviso).

June 5, 1920, ch. 250, § 27 (1st
proviso, 2d proviso less
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; Pub. L. 104–324, title
XI, § 1120(e), Oct. 19, 1996,
110 Stat. 3978.

12132(b) ......

46 App.:883 (2d proviso less meaning
of ‘‘rebuilt’’).

In subsection (a), the words ‘‘eligible to engage in the
coastwise trade’’ are substituted for ‘‘having at any
time acquired the lawful right to engage in the coastwise trade, either by virtue of having been built in, or
documented under the laws of the United States’’, and
the words ‘‘thereafter engage’’ are substituted for
‘‘hereafter acquire the right to engage’’, to eliminate
unnecessary words.
In subsection (b), the words ‘‘eligible to engage in the
coastwise trade’’ are substituted for ‘‘which has acquired the lawful right to engage in the coastwise
trade, by virtue of having been built in or documented
under the laws of the United States’’, and the words
‘‘thereafter engage’’ are substituted for ‘‘have the right
thereafter to engage’’, to eliminate unnecessary words.
See section 12101 for the meaning of ‘‘rebuilt in the
United States’’.

§ 12133. Duty to carry certificate on vessel and
allow examination
(a) DUTY TO CARRY.—The certificate of documentation of a vessel shall be carried on the vessel unless the vessel is exempt by regulation
from carrying the certificate.
(b) AVAILABILITY.—The owner or individual in
charge of a vessel required to carry its certificate of documentation shall make the certificate available for examination at the request of
an officer enforcing the revenue laws or as otherwise required by law or regulation.
(c) CRIMINAL PENALTY.—A person willfully violating subsection (b) shall be fined under title
18, imprisoned for not more than one year, or
both.
(Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1505.)