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46 U.S.C. § 12112 — Coastwise endorsement

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

46 U.S.C. § 12112 — Coastwise endorsement

**(a) Requirements.—** A coastwise endorsement may be issued for a vessel that— (1) satisfies the requirements of [section 12103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12103&num=0&edition=prelim); (2) (A) was built in the United States; or (B) if not built in the United States— (i) was captured in war by citizens of the United States and lawfully condemned as prize; (ii) was adjudged to be forfeited for a breach of the laws of the United States; or (iii) qualifies as a wrecked vessel under [section 12107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12107&num=0&edition=prelim); and (3) otherwise qualifies under the laws of the United States to engage in the coastwise trade. **(b) Authorized Activity.—** Subject to the laws of the United States regulating the coastwise trade, a vessel for which a coastwise endorsement is issued may engage in the coastwise trade.

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Source location: Title 46, Chapter 121, § 12112; chapter-121-documentation-of-vessels.md

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

46 U.S.C. § 12103 — General eligibility requirements

**(a) In General.—** Except as otherwise provided, a certificate of documentation for a vessel may be issued under this chapter only if the vessel is— (1) wholly owned by one or more individuals or entities described in subsection (b); (2) at least 5 net tons as measured under part J of this subtitle; and (3) not documented under the laws of a foreign country. **(b) Eligible Owners.—** For purposes of subsection (a)(1), the following are eligible owners: (1) An individual who is a citizen of the United States. (2) An association, trust, joint venture, or other entity if— (A) each of its members is a citizen of the United States; and (B) it is capable of holding title to a vessel under the laws of the United States or a State. (3) A partnership if— (A) each general partner is a citizen of the United States; and (B) the controlling interest in the partnership is owned by citizens of the United States. (4) A corporation if— (A) it is incorporated under the laws of the United States or a State; (B) its chief executive officer, by whatever title, and the chairman of its board of directors are citizens of the United States; and (C) no more of its directors are noncitizens than a minority of the number necessary to constitute a quorum. (5) The United States Government. (6) The government of a State. **(c) Temporary Certificates Prior to Measurement.—** Notwithstanding subsection (a)(2), the Secretary may issue a temporary certificate of documentation for a vessel before it is measured.

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

46 U.S.C. § 12107 — Wrecked vessels

**(a) Requirements.—** A vessel is a wrecked vessel under this chapter if it— (1) was wrecked on a coast of the United States or adjacent waters; and (2) has undergone repairs in a shipyard in the United States equal to at least 3 times the appraised salvage value of the vessel. **(b) Appraisals.—** The Secretary may appoint a board of three appraisers to determine whether a vessel satisfies subsection (a)(2). The costs of the appraisal shall be paid by the owner of the vessel.

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

46 U.S.C. § 101 — Agency

In this title, the term “agency” means a department, agency, or instrumentality of the United States Government.

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

46 U.S.C. § 50501 — Entities deemed citizens of the United States

**(a) In General.—** In this subtitle, a corporation, partnership, or association is deemed to be a citizen of the United States only if the controlling interest is owned by citizens of the United States. However, if the corporation, partnership, or association is operating a vessel in the coastwise trade, at least 75 percent of the interest must be owned by citizens of the United States. **(b) Additional Requirements for Corporations.—** In this subtitle, a corporation is deemed to be a citizen of the United States only if, in addition to satisfying the requirements in subsection (a)— (1) it is incorporated under the laws of the United States or a State; (2) its chief executive officer, by whatever title, and the chairman of its board of directors are citizens of the United States; and (3) no more of its directors are noncitizens than a minority of the number necessary to constitute a quorum. **(c) Determination of Controlling Corporate Interest.—** The controlling interest in a corporation is owned by citizens of the United States under subsection (a) only if— (1) title to the majority of the stock in the corporation is vested in citizens of the United States free from any trust or fiduciary obligation in favor of a person not a citizen of the United States; (2) the majority of the voting power in the corporation is vested in citizens of the United States; (3) there is no contract or understanding by which the majority of the voting power in the corporation may be exercised, directly or indirectly, in behalf of a person not a citizen of the United States; and (4) there is no other means by which control of the corporation is given to or permitted to be exercised by a person not a citizen of the United States. **(d) Determination of 75 Percent Corporate Inter

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

46 U.S.C. § 12115 — Temporary endorsement for vessels procured outside the United States

**(a) General Authority.—** The Secretary and the Secretary of State, acting jointly, may provide for the issuance of a certificate of documentation with an appropriate endorsement for a vessel procured outside the United States and meeting the ownership requirements of [section 12103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12103&num=0&edition=prelim). **(b) Authorized Activity.—** Subject to limitations the Secretary may prescribe, a vessel documented under this section may proceed to the United States and engage en route in foreign trade or trade with Guam, American Samoa, Wake, Midway, or Kingman Reef. **(c) Application of United States Jurisdiction and Laws.—** A vessel documented under this section is subject to the jurisdiction and laws of the United States. However, if the Secretary considers it to be in the public interest, the Secretary may suspend for a period of not more than 6 months the application of a vessel inspection law carried out by the Secretary or regulations prescribed under that law. **(d) Surrender of Certificate.—** On the vessel’s arrival in the United States, the certificate of documentation shall be surrendered as provided by regulations prescribed by the Secretary.

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

46 U.S.C. § 12111 — Registry endorsement

**(a) Requirements.—** A registry endorsement may be issued for a vessel that satisfies the requirements of [section 12103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12103&num=0&edition=prelim). **(b) Authorized Activity.—** A vessel for which a registry endorsement is issued may engage in foreign trade or trade with Guam, American Samoa, Wake, Midway, or Kingman Reef. **(c) Certain Vessels Owned by Trusts.—** (1) **Nonapplication of beneficiary citizenship requirement.—** — For the issuance of a certificate of documentation with only a registry endorsement, the beneficiaries of a trust are not required to be citizens of the United States if the trust qualifies under paragraph (2) and the vessel is subject to a charter to a citizen of the United States. (2) **Requirements for trust to qualify.—** (A) *In general.—* — Subject to subparagraph (B), a trust qualifies under this paragraph with respect to a vessel only if— (i) each trustee is a citizen of the United States; and (ii) the application for documentation of the vessel includes the affidavit of each trustee stating that the trustee is not aware of any reason involving a beneficiary of the trust that is not a citizen of the United States, or involving any other person that is not a citizen of the United States, as a result of which the beneficiary or other person would hold more than 25 percent of the aggregate power to influence or limit the exercise of the authority of the trustee with respect to matters involving any ownership or operation of the vessel that may adversely affect the interests of the United States. (B) *Authority of non-citizens.—* — If any person that is not a citizen of the United States has authority to direct or participate in

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

46 U.S.C. § 3703a — Tank vessel construction standards

**(a)** Except as otherwise provided in this section, a vessel to which this chapter applies shall be equipped with a double hull— (1) if it is constructed or adapted to carry, or carries, oil in bulk as cargo or cargo residue; and (2) when operating on the waters subject to the jurisdiction of the United States, including the Exclusive Economic Zone. **(b)** This section does not apply to— (1) a vessel used only to respond to a discharge of oil or a hazardous substance; (2) a vessel of less than 5,000 gross tons as measured under [section 14502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14502&num=0&edition=prelim), or an alternate tonnage measured under [section 14302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14302&num=0&edition=prelim) as prescribed by the Secretary under [section 14104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14104&num=0&edition=prelim) equipped with a double containment system determined by the Secretary to be as effective as a double hull for the prevention of a discharge of oil; (3) a vessel documented under chapter 121 of this title that was equipped with a double hull before August 12, 1992; (4) a barge of less than 1,500 gross tons (as measured under chapter 145 of this title) carrying refined petroleum product in bulk as cargo in or adjacent to waters of the Bering Sea, Chukchi Sea, and Arctic Ocean and waters tributary thereto and in the waters of the Aleutian Islands and the Alaskan Peninsula west of 155 degrees west longitude; or (5) a vessel in the National Defense Reserve Fleet pursuant to section 57100. **(c)** (1) In this subsection, the age of a vessel is determined from the later

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

46 U.S.C. § 12112 — Coastwise endorsement

Page 209 TITLE 46—SHIPPING § 12113 AMENDMENTS 2008—Pub. L. 110–181, § 3525(b), repealed Pub. L. 109–241, § 310. See 2006 Amendment note below. Subsec. (d). Pub. L. 110–181, § 3525(a)(1), incorporated the substance of the amendment by Pub. L. 109–241, § 310, into this section by adding subsec. (d). See 2006 Amendment note below and section 18(a) of Pub. L. 109–304, set out as a Legislative Purpose and Construc- tion note preceding section 101 of this title. 2006—Pub. L. 109–241, § 310, which directed the amend- ment of former section 12105 of this title from which this section was derived in part, was repealed by Pub. L. 110–181, § 3525(b). See 2008 Amendment note for sub- sec. (d) and Historical and Revision notes above. § 12112. Coastwise endorsement (a) REQUIREMENTS.—A coastwise endorsement may be issued for a vessel that— (1) satisfies the requirements of section 12103 of this title; (2)(A) was built in the United States; or (B) if not built in the United States— (i) was captured in war by citizens of the United States and lawfully condemned as prize; (ii) was adjudged to be forfeited for a breach of the laws of the United States; or (iii) qualifies as a wrecked vessel under section 12107 of this title; and (3) otherwise qualifies under the laws of the United States to engage in the coastwise trade. (b) AUTHORIZED ACTIVITY.—Subject to the laws of the United States regulating the coastwise trade, a vessel for which a coastwise endorse- ment is issued may engage in the coastwise trade. (Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1495.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 12112(a) ...... 46:12106(a). 12112(b) ...... 46:12106(b). In subsection (b), the word ‘‘only’’ is omitted be

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