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46 U.S.C. § 12138 — List of documented vessels

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

46 U.S.C. § 12138 — List of documented vessels

**(a) In General.—** The Secretary shall publish periodically a list of all documented vessels and information about those vessels that the Secretary considers pertinent or useful. The list shall contain a notation clearly indicating all vessels classed by the American Bureau of Shipping. **(b) Vessels for Cable Laying, Maintenance, and Repair.—** (1) **In general.—** — The Secretary of Transportation shall develop, maintain, and periodically update an inventory of vessels that are documented under this chapter, are at least 200 feet in length, and have the capability to lay, maintain, or repair a submarine cable, without regard to whether a particular vessel is classed as a cable ship or cable vessel. (2) **Information to be included.—** — For each vessel listed in the inventory, the Secretary of Transportation shall include in the inventory— (A) the name, length, beam, depth, and other distinguishing characteristics of the vessel; (B) the abilities and limitations of the vessel with respect to laying, maintaining, and repairing a submarine cable; and (C) the name and address of the person to whom inquiries regarding the vessel may be made. (3) **Publication.—** — The Secretary of Transportation shall publish in the Federal Register an updated inventory every 6 months.

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Source location: Title 46, Chapter 121, § 12138; chapter-121-documentation-of-vessels.md

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

46 U.S.C. § 12119 — Owners engaged primarily in leasing or financing transactions

**(a) Definitions.—** In this section: (1) **Affiliate.—** — The term “affiliate” means, with respect to any person, any other person that is— (i) directly or indirectly controlled by, under common control with, or controlling that person; or (ii) named as being part of the same consolidated group in any report or other document submitted to the United States Securities and Exchange Commission or the Internal Revenue Service. (2) **Cargo.—** — The term “cargo” does not include cargo to which title is held for non-commercial reasons and primarily for the purpose of evading the requirements of subsection (c)(3). (3) **Oil.—** — The term “oil” has the meaning given that term in [section 2101(28) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section2101/28&num=0&edition=prelim). (4) **Passive investment.—** — The term “passive investment” means an investment in which neither the investor nor any affiliate of the investor is involved in, or has the power to be involved in, the formulation, determination, or direction of any activity or function concerning the management, use, or operation of the asset that is the subject of the investment. (5) **Qualified proprietary cargo.—** — The term “qualified proprietary cargo” means— (A) oil, petroleum products, petrochemicals, or liquefied natural gas cargo that is beneficially owned by the person that submits to the Secretary an application or annual certification under subsection (c)(3), or by an affiliate of that person, immediately before, during, or immediately after the cargo is carried in coastwise trade on a vessel owned by that person; (B) oil, petroleum products, petrochemicals, or liquefied natural gas cargo not beneficially owned by the person that submits to the Secr

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

46 U.S.C. § 12138 — List of documented vessels

Page 220 TITLE 46—SHIPPING § 12137 certificate of documentation of a vessel cov- ered by a mortgage filed or recorded under sec- tion 31321 of this title only if the mortgagee consents. (3) NOTICE OF LIEN.—The Secretary may not refuse to approve the surrender of the certifi- cate 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 Sec- retary, a documented vessel is deemed to con- tinue to be documented under this chapter for purposes of— (A) chapter 313 of this title for an instru- ment filed or recorded before the date of in- validation and an assignment after that date; (B) sections 56101 and 56102(a)(2) and chap- ter 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.) 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. Statutory Notes and Related Subsidiaries DOCUMENTATION SURRENDER AND INVALIDATION Pub. L. 101–225, title III, § 301(b), Dec. 12, 1989, 103

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