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 that: ‘‘(1) IN GENERAL.—The amendments made by this sec- tion [amending provisions from which this section was derived], and any regulations published after February 4, 2004, with respect to coastwise endorsements, shall not apply to a certificate of documentation, or renewal thereof, endorsed with a coastwise endorsement for a vessel under section 12106(e) [now section 12119(b), (d)–(f)] of title 46, United States Code, or a replacement vessel of a similar size and function, that was issued prior to the date of enactment of this Act [Aug. 9, 2004] as long as the vessel is owned by the person named therein, or by a subsidiary or affiliate of that person, and the controlling interest in such owner has not been transferred to a person that was not an affiliate of such owner as of the date of enactment of this Act. Notwith- standing the preceding sentence, however, the amend- ments made by this section shall apply, beginning 3 years after the date of enactment of this Act, with re- spect to offshore supply vessels (as defined in section 2101(19) [now 2101(25)] of title 46, United States Code, as that section was in effect on the date of enactment of this Act) with a certificate of documentation endorsed with a coastwise endorsement as of the date of enact- ment of this Act, and the Secretary of the Department in which the Coast Guard is operating shall revoke any such certificate if the vessel does not by then meet the requirements of section 12106(e) of title 46, United States Code, as amended by this section. ‘‘(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 para- graph (1) is unavailable due to an act of God or a ma- rine casualty; or ‘‘(B) a permanent replacement vessel if— ‘‘(i) the vessel described in paragraph (1) is un- available for more than 180 days due to an act of God or a marine casualty; or ‘‘(ii) a contract to purchase or construct such re- placement vessel is executed not later than Decem- ber 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 ves- sel is owned by a trust or similar arrangement, the ben- eficiary of the trust or similar arrangement) notifies the Secretary that circumstances beyond the direct control of such person or its affiliates prevent, or rea- sonably threaten to prevent, such person from satis- fying 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 be- fore October 19, 1996; or (2) was documented under this chapter be- fore that date, even if the vessel is placed under a foreign registry and subsequently re- documented 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 Source (U.S. Code) Source (Statutes at Large) 12120 .......... 46 App.:883 note. Pub. L. 104–324, title VII, § 1120(f), Oct. 19, 1996, 110 Stat. 3978. The words ‘‘Notwithstanding section 27 of the Mer- chant Marine Act, 1920 (46 App. U.S.C. 883), section 12106 of title 46, United States Code, section 506 of the Mer- chant Marine Act, 1936 (46 App. U.S.C. 1156)’’ are omit- ted 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 Page 218 TITLE 46—SHIPPING § 12131 (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 ENDORSE- MENT.—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 em- ployment of the vessel in the coastwise trade will not adversely affect— (1) United States vessel builders; or (2) the coastwise trade business of any per- son 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 sub- section (b) if the Secretary of Transportation, after notice and an opportunity for a hearing, determines that the certificate or endorse- ment was obtained by fraud. (2) OTHER PROVISIONS NOT AFFECTED.—Para- graph (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 Source (U.S. Code) Source (Statutes at Large) 12121 .......... 46:12106 note. 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 consist- ency 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: ‘‘(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, effec- tive 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 de- rived 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 sec- tion 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 sec- tion 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 en- dorsement upon failure of vessel’s owner to pay assess- ment of civil penalty for violation of law, prior to re- peal 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 sur- render of title and number, prior to the general amend- ment 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] ([for- merly] 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 sub- section (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 endorse- ment; 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 Source (U.S. Code) Source (Statutes at Large) 12131 .......... 46:12110(d). Editorial Notes AMENDMENTS 2008—Subsec. (a). Pub. L. 110–181 substituted ‘‘com- mand’’ for ‘‘commmand’’.