46 USC 12121 Small Passenger Vessels and Uninspected Passenger Vessels

Page 217

‘‘(2) REPLACEMENT VESSEL.—For the purposes of this
subsection, ‘replacement vessel’ means—
‘‘(A) a temporary replacement vessel for a period of
not to exceed 180 days if the vessel described in paragraph (1) is unavailable due to an act of God or a marine casualty; or
‘‘(B) a permanent replacement vessel if—
‘‘(i) the vessel described in paragraph (1) is unavailable for more than 180 days due to an act of
God or a marine casualty; or
‘‘(ii) a contract to purchase or construct such replacement vessel is executed not later than December 31, 2004.’’
WAIVER OF QUALIFIED PROPRIETARY CARGO
REQUIREMENT
Pub. L. 108–293, title VI, § 608(d), Aug. 9, 2004, 118 Stat.
1057, provided that: ‘‘The Secretary of Transportation
shall waive or reduce the qualified proprietary cargo
requirement of section 12106(f)(3)(A)(iii) [now section
12119(c)(3)(A)(iii)] of title 46, United States Code, for a
vessel if the person that owns the vessel (or, if the vessel is owned by a trust or similar arrangement, the beneficiary of the trust or similar arrangement) notifies
the Secretary that circumstances beyond the direct
control of such person or its affiliates prevent, or reasonably threaten to prevent, such person from satisfying such requirement, and the Secretary does not,
with good cause, determine otherwise. The waiver or
reduction shall apply during the period of time that
such circumstances exist.’’

§ 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.)
HISTORICAL AND REVISION NOTES
Revised
Section
12120 ..........

§ 12121

TITLE 46—SHIPPING

Source (U.S. Code)
46 App.:883 note.

Source (Statutes at Large)
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.
Editorial Notes
PRIOR PROVISIONS
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.

§ 12121. Small passenger vessels and uninspected
passenger vessels
(a) DEFINITIONS.—In this section:
(1) ELIGIBLE VESSEL.—The term ‘‘eligible
vessel’’ means a vessel that—
(A) was built in the United States;
(B) was not built in the United States and
is at least 3 years old; or
(C) if rebuilt, was rebuilt—
(i) in the United States; or
(ii) outside the United States at least 3
years before the certificate requested
under subsection (b) would take effect.
(2) SMALL PASSENGER VESSEL; UNINSPECTED
PASSENGER VESSEL; PASSENGER FOR HIRE.—The
terms ‘‘small passenger vessel’’, ‘‘uninspected
passenger vessel’’, and ‘‘passenger for hire’’
have the meaning given those terms in section
2101 of this title.
(b) ISSUANCE OF CERTIFICATE AND ENDORSEMENT.—Notwithstanding sections 12112, 12113,
12132, 55102, and 55103 of this title, the Secretary
may issue a certificate of documentation with
an appropriate endorsement for employment in
the coastwise trade as a small passenger vessel
or an uninspected passenger vessel in the case of
an eligible vessel authorized to carry no more
than 12 passengers for hire if the Secretary of
Transportation, after notice and an opportunity
for public comment, determines that the employment of the vessel in the coastwise trade
will not adversely affect—
(1) United States vessel builders; or
(2) the coastwise trade business of any person that employs vessels built in the United
States in that business.
(c) REVOCATION.—
(1) FOR FRAUD.—The Secretary shall revoke
a certificate or endorsement issued under subsection (b) if the Secretary of Transportation,
after notice and an opportunity for a hearing,
determines that the certificate or endorsement was obtained by fraud.
(2) OTHER PROVISIONS NOT AFFECTED.—Paragraph (1) does not affect—
(A) the criminal prohibition on fraud and
false statements in section 1001 of title 18; or
(B) any other authority of the Secretary to
revoke a certificate or endorsement issued
under subsection (b).
(Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1504;
Pub. L. 116–283, div. G, title LVXXXIII
[LXXXIII], § 8312, Jan. 1, 2021, 134 Stat. 4697.)
HISTORICAL AND REVISION NOTES
Revised
Section
12121 ..........

Source (U.S. Code)
46:12106 note.

Source (Statutes at Large)
Pub. L. 105–383, title V,
§§ 502–504, Nov. 13, 1998, 112
Stat. 3445; Pub. L. 107–295,
title II, § 207(c)(2), Nov. 25,
2002, 116 Stat. 2097.

The definition of ‘‘Secretary’’ is omitted for consistency in the chapter.
Editorial Notes
AMENDMENTS
2021—Subsec. (a)(1). Pub. L. 116–283, § 8312(1), added
subpars. (A) to (C) and struck out former subpars. (A)
and (B) which read as follows:

§ 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.)