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46 U.S.C. § 2109 — Public vessels
Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided, this subtitle does not apply to a public vessel of the United States. However, this subtitle does apply to a vessel (except a Great Lakes St. Lawrence Seaway Development Corporation vessel) owned or operated by the Department of Transportation or by any corporation organized or controlled by the Department.
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Source location: Title 46, Chapter 21, § 2109; chapter-021-general.md
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Except as otherwise provided, this subtitle does not apply to a public vessel of the United States. However, this subtitle does apply to a vessel (except a Great Lakes St. Lawrence Seaway Development Corporation vessel) owned or operated by the Department of Transportation or by any corporation organized or controlled by the Department.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Fleet Components.—** The Secretary of Transportation shall maintain a National Defense Reserve Fleet, including any vessel assigned by the Secretary to the Ready Reserve Force component of the fleet, consisting of those vessels owned or acquired by the United States Government that the Secretary of Transportation, after consultation with the Secretary of the Navy, determines are of value for national defense purposes and that the Secretary of Transportation decides to place and maintain in the fleet. Vessels in the National Defense Reserve Fleet, including vessels loaned to State maritime academies, shall be considered public vessels of the United States.
**(b) Permitted Uses.—** Except as otherwise provided by law, a vessel in the fleet may be used—
(1) for an account of an agency of the United States Government in a period during which vessels may be requisitioned under chapter 563; or
(2) on the request of the Secretary of Defense, and in accordance with memoranda of agreement between the Secretary of Transportation and the Secretary of Defense, for—
(A) testing for readiness and suitability for mission performance;
(B) defense sealift functions for which other sealift assets are not reasonably available; and
(C) support of the deployment of the United States armed forces in a military contingency, for military contingency operations, or for civil contingency operations upon orders from the National Command Authority;
(3) for otherwise lawfully permitted storage or transportation of non-defense-related cargo as directed by the Secretary of Transportation with the concurrence of the Secretary of Defense;
(4) for training purposes to the extent authorized by the Secretary of Transportation with the concurrence of the Secretary of Defense;
(5) on a
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Federal law — U.S. Code and appendices · legal_authorities
Page 29
TITLE 46—SHIPPING
§ 2109
that a report be made to the Secretary annually
about those matters that may require improve-
ment or amendment.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 506.)
HISTORICAL AND REVISION NOTES
Revised section
Source section (U.S. Code)
2105 ..............................................
46:4
Section 2105 requires the Secretary to investigate the
operation of this subtitle and all laws related to mari-
time safety and requires appropriate reports to ensure
that the Secretary is attentive to all the shipping laws
under the Secretary’s superintendence.
§ 2106. Liability in rem
When a vessel is made liable in rem under this
subtitle, the vessel may be libeled and proceeded
against in the district court of the United States
for any district in which the vessel is found.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 506; Pub. L.
109–304, § 15(4), Oct. 6, 2006, 120 Stat. 1702.)
HISTORICAL AND REVISION NOTES
Revised section
Source section (U.S. Code)
2106 ..............................................
46:170(14)
46:216e(e)
46:390d
46:391a(14)(C)
46:436
46:462
46:481(c)
46:497
46:526o
46:672(j)
46:1484(b)
Section 2106 provides that when a vessel is made lia-
ble in rem the vessel may be libeled and proceeded
against in a United States district court.
Editorial Notes
AMENDMENTS
2006—Pub. L. 109–304 substituted ‘‘the district court of
the United States for any district’’ for ‘‘a district court
of the United States’’.
§ 2107. Civil penalty procedures
(a) After notice and an opportunity for a hear-
ing, a person found by the Secretary to have vio-
lated this subtitle or subtitle VII or a regulation
prescribed under this subtitle or subtitle VII for
which a civil penalty is provided, is liable to the
United States Government
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