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46 U.S.C. § 12121 — Small passenger vessels and uninspected passenger vessels

Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section2101&num=0&edition=prelim). **(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)

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Source location: Title 46, Chapter 121, § 12121; chapter-121-documentation-of-vessels.md

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 12151 — Penalties

**(a) In General.—** (1) **Civil penalties.—** — Except as provided in paragraph (2), a person that violates this chapter or a regulation prescribed under this chapter is liable to the United States Government for a civil penalty of not more than $15,000. Each day of a continuing violation is a separate violation. (2) **Activities involving mobile offshore drilling units.—** — A person that violates section 12111(d) or a regulation prescribed under that section is liable to the United States Government for a civil penalty in an amount that is $25,000 or twice the charter rate of the vessel involved in the violation (as determined by the Secretary), whichever is greater. Each day of a continuing violation is a separate violation. **(b) Seizure and Forfeiture of Vessels.—** A vessel and its equipment are liable to seizure by and forfeiture to the Government if— (1) the owner of the vessel or the representative or agent of the owner knowingly falsifies or conceals a material fact, or knowingly makes a false statement or representation, about the documentation of the vessel or in applying for documentation of the vessel; (2) a certificate of documentation is knowingly and fraudulently used for the vessel; (3) the vessel is operated after its endorsement has been denied or revoked under [section 12152 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12152&num=0&edition=prelim); (4) the vessel is employed in a trade without an appropriate endorsement; (5) the vessel has only a recreational endorsement and is operated other than for pleasure; (6) the vessel is a documented vessel and is placed under the command of a person not a citizen of the United States, except as authorized by [section 12131(b) of this title](https://usco

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section31322/d&num=0&edition=prelim) only if the mortgagee consents.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 2101 — General definitions

In this subtitle— (1) “associated equipment”— (A) means— (i) a system, accessory, component, or appurtenance of a recreational vessel; or (ii) a marine safety article intended for use on board a recreational vessel; but (B) with the exception of emergency locator beacons for recreational vessels operating beyond 3 nautical miles from the baselines from which the territorial sea of the United States is measured or beyond 3 nautical miles from the coastline of the Great Lakes, does not include radio equipment. (2) “Coast Guard” means the organization established and continued under [section 101 of title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section101&num=0&edition=prelim). (3) “Commandant” means the Commandant of the Coast Guard. (4) “commercial service” includes any type of trade or business involving the transportation of goods or individuals, except service performed by a combatant vessel. (5) “consideration” means an economic benefit, inducement, right, or profit including pecuniary payment accruing to an individual, person, or entity, but not including a voluntary sharing of the actual expenses of the voyage, by monetary contribution or donation of fuel, food, beverage, or other supplies. (6) “crude oil” means a liquid hydrocarbon mixture occurring naturally in the earth, whether or not treated to render it suitable for transportation, and includes crude oil from which certain distillate fractions may have been removed, and crude oil to which certain distillate fractions may have been added. (7) “crude oil tanker” means a tanker engaged in the trade of carrying crude oil. (8) “dangerous drug” means a narcotic drug, a controlled substance, or a controlled substance analog (as defined in section 102 of the Com

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 12152 — Denial or revocation of endorsement for non-payment of civil penalty

If the owner of a vessel fails to pay a civil penalty imposed by the Secretary, the Secretary may deny the issuance or renewal of an endorsement, or revoke the endorsement, on a certificate of documentation issued for the vessel under this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 1001 — Statements or entries generally

**(a)** Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully— (1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact; (2) makes any materially false, fictitious, or fraudulent statement or representation; or (3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years. **(b)** Subsection (a) does not apply to a party to a judicial proceeding, or that party’s counsel, for statements, representations, writings or documents submitted by such party or counsel to a judge or magistrate in that proceeding. **(c)** With respect to any matter within the jurisdiction of the legislative branch, subsection (a) shall apply only to— (1) administrative matters, including a claim for payment, a matter related to the procurement of property or services, personnel or employment practices, or support services, or a document required by law, rule, or regulation to be submitted to the Congress or any office or officer within the legislative branch; or (2) any investigation or review, conducted pursuant to the authority of any committee, subcommittee, commission or office of the Congress, consistent with applicable rules of the House or Senate.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 12121 — Small passenger vessels and uninspected

Page 217 TITLE 46—SHIPPING § 12121 In subsection (b), in paragraph (1), the words ‘‘satis- fies the requirements for a coastwise endorsement, ex- cept for the ownership requirement otherwise applica- ble without regard to this section’’ are substituted for ‘‘otherwise eligible for documentation under this sec- tion’’ in 46 U.S.C. 12106(e)(1)(E) for clarity. Subpara- graph (A) of 46 U.S.C. 12106(e)(1) is omitted as redun- dant to the general requirements in revised section 12112 on coastwise endorsements. In subsection (c)(3), the words ‘‘documented with a coastwise endorsement’’ are substituted for ‘‘docu- mented under this section’’ because former section 12106 is being divided into multiple sections. Subsection (e) is substituted for ‘‘(3) Upon termi- nation by a demise charterer required under paragraph (1)(C), the coastwise endorsement of the vessel may, in the sole discretion of the Secretary, be continued after the termination for default of the demise charter for a period not to exceed 6 months on such terms and condi- tions as the Secretary may prescribe’’ for clarity and to eliminate unnecessary words. Editorial Notes PRIOR PROVISIONS A prior section 12119, 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 sections 65s and 881 of former Title 46, Shipping, related to list of docu- mented vessels, prior to the general amendment of this chapter by Pub. L. 109–304. See section 12138 of this title. AMENDMENTS 2018—Subsec. (a)(3). Pub. L. 115–232 substituted ‘‘sec- tion 2101(26)’’ for ‘‘section 2101(20)’’. Statutory Notes and Related Subsidiaries APPLICATION TO CERTAIN CERTIFICATES Pub. L. 108–293, title VI, § 608(c), Aug. 9, 2004, 118 Stat. 1057, provided

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