46 U.S.C. § 31343 — Recording and discharging notices of

Page 288 TITLE 46—SHIPPING § 31343 HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 31342 ............................................ 46:971 Section 31342 provides that any authorized person providing necessaries for a vessel has a maritime lien on the vessel, may bring a civil action in rem in admi- ralty to enforce the lien, and is not required to allege or prove that credit was given to the vessel. ‘‘Pro- viding’’ has been substituted for ‘‘furnishing’’ for con- sistency with other laws. This section makes no sub- stantive change to law. This section does not supersede the prohibition under the Public Vessels Act, the For- eign Sovereign Immunities Act, or the Suits in Admi- ralty Act, on bringing an in rem action against a public vessel. Editorial Notes AMENDMENTS 1989—Pub. L. 101–225 designated existing provisions as subsec. (a), substituted ‘‘Except as provided in sub- section (b) of this section, a person providing nec- essaries to a vessel on the order of the owner’’ for ‘‘A person providing necessaries to a vessel (except a pub- lic vessel) on the order of a person listed in section 31341 of this title’’, and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1989, with certain exceptions and qualifications, see section 107 of Pub. L. 100–710, set out as a note under section 31301 of this title. § 31343. Recording and discharging notices of claim of maritime lien (a) Except as provided under subsection (d) of this section, a person claiming a lien on a vessel documented, or for which an application for doc- umentation has been filed, under chapter 121 may record with the Secretary a notice of that person’s lien claim on the vessel. To be record- able, the notice must— (1) state the nature of the lien; (2) state the date the lien was established; (3) state the amount of the lien; (4) state the name and address of the person; and (5) be signed and acknowledged. (b)(1) The Secretary shall record a notice com- plying with subsection (a) of this section if, when the notice is presented to the Secretary for recording, the person having the claim files with the notice a declaration stating the fol- lowing: (A) The information in the notice is true and correct to the best of the knowledge, informa- tion, and belief of the individual who signed it. (B) A copy of the notice, as presented for recordation, has been sent to each of the fol- lowing: (i) The owner of the vessel. (ii) Each person that recorded under sub- section (a) of this section an unexpired no- tice of a claim of an undischarged lien on the vessel. (iii) The mortgagee of each mortgage filed or recorded under section 31321 of this title that is an undischarged mortgage on the ves- sel. (2) A declaration under this subsection filed by a person that is not an individual must be signed by the president, member, partner, trustee, or other individual authorized to execute the dec- laration on behalf of the person. (c)(1) On full and final discharge of the indebt- edness that is the basis for a notice of claim of lien recorded under subsection (b) of this sec- tion, the person having the claim shall provide the Secretary with an acknowledged certificate of discharge of the indebtedness. The Secretary shall record the certificate. (2) The district courts of the United States shall have jurisdiction over a civil action in Ad- miralty to declare that a vessel is not subject to a lien claimed under subsection (b) of this sec- tion, or that the vessel is not subject to the no- tice of claim of lien, or both, regardless of the amount in controversy or the citizenship of the parties. Venue in such an action shall be in the district where the vessel is found or where the claimant resides or where the notice of claim of lien is recorded. The court may award costs and attorneys fees to the prevailing party, unless the court finds that the position of the other party was substantially justified or other cir- cumstances make an award of costs and attor- neys fees unjust. The Secretary shall record any such declaratory order. (d) A person claiming a lien on a vessel cov- ered by a preferred mortgage under section 31322(d) of this title must record and discharge the lien as provided by the law of the State in which the vessel is titled. (e)(1) A notice of claim of lien recorded under subsection (b) of this section shall expire 3 years after the date the lien was established, as such date is stated in the notice under subsection (a) of this section. (2) On expiration of a notice of claim of lien under paragraph (1), and after a request by the vessel owner, the Secretary shall annotate the abstract of title to reflect the expiration of the lien. (f) This section does not alter in any respect the law pertaining to the establishment of a maritime lien, the remedy provided by such a lien, or the defenses thereto, including any de- fense under the doctrine of laches. (Pub. L. 100–710, title I, § 102(c), Nov. 23, 1988, 102 Stat. 4748; Pub. L. 107–295, title II, § 205(a)(1), Nov. 25, 2002, 116 Stat. 2095; Pub. L. 111–281, title IX, § 913(a)(1), Oct. 15, 2010, 124 Stat. 3017; Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], § 8333, Jan. 1, 2021, 134 Stat. 4705.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 31343 ............................................ 46:925 Section 31343 provides that any person claiming a lien on a vessel covered by a preferred mortgage may record a notice of lien. This notice must state the nature of the lien, date it was established; the amount; and the name and address of the person claiming a lien, and it must be acknowledged. The Secretary must record a notice of lien if it complies with these requirements. When any part of the indebtedness is discharged, the claimant shall provide the Secretary with a written, acknowledged certificate of discharge of the indebted- ness, and the Secretary shall record the certificate. This section makes no substantive change to law. Section 31343(c) provides that, on the full and final discharge of an indebtedness that is the basis for a Page 289 TITLE 46—SHIPPING § 40101 1 Section number editorially supplied. claim, the person having the claim shall provide the Secretary with an acknowledged certificate of dis- charge on the request of the Secretary or owner of the vessel. This subsection makes a substantive change to law by not requiring partial discharges to be filed, as well as making the filing of discharge certificates only at the request of the Secretary or owner of the vessel. HOUSE FLOOR STATEMENT Subsection (d) of this section requires a person claim- ing a lien on a vessel covered by a preferred mortgage under section 31322(d) to record and discharge the lien as provided by the law of the State in which the vessel is titled. Editorial Notes AMENDMENTS 2021—Subsec. (e). Pub. L. 116–283 designated existing provisions as par. (1) and added par. (2). 2010—Subsec. (a). Pub. L. 111–281 struck out ‘‘of Transportation’’ after ‘‘Secretary’’ in introductory pro- visions. 2002—Pub. L. 107–295, § 205(a)(1)(A), substituted ‘‘no- tices of claim of maritime lien’’ for ‘‘liens on preferred mortgage vessels’’ in section catchline. Subsec. (a). Pub. L. 107–295, § 205(a)(1)(B), substituted ‘‘documented, or for which an application for docu- mentation has been filed, under chapter 121’’ for ‘‘cov- ered by a preferred mortgage filed or recorded under this chapter’’ in introductory provisions. Subsec. (b). Pub. L. 107–295, § 205(a)(1)(C), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: ‘‘The Secretary shall record a notice complying with subsection (a) of this section.’’ Subsec. (c). Pub. L. 107–295, § 205(a)(1)(D), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: ‘‘On full and final discharge of the in- debtedness that is the basis for a claim recorded under subsection (b) of this section, on request of the Sec- retary or owner, the person having the claim shall pro- vide the Secretary with an acknowledged certificate of discharge of the indebtedness. The Secretary shall record the certificate.’’ Subsecs. (e), (f). Pub. L. 107–295, § 205(a)(1)(E), added subsecs. (e) and (f). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–295 effective Jan. 1, 2003, see section 205(e) of Pub. L. 107–295, set out as a note under section 31325 of this title. EFFECTIVE DATE Section effective Jan. 1, 1989, with certain exceptions and qualifications, see section 107 of Pub. L. 100–710, set out as a note under section 31301 of this title. Subtitle IV—Regulation of Ocean Shipping PART A—OCEAN SHIPPING Chapter Sec. 401. General .................................................. 40101 403. Agreements ........................................... 40301 405. Tariffs, Service Contracts, Refunds, and Waivers ...................................... 40501 407. Controlled Carriers ............................ 40701 409. Ocean Transportation Inter- mediaries ........................................... 40901 411. Prohibitions and Penalties ............... 41101 413. Enforcement ......................................... 41301 PART B—ACTIONS TO ADDRESS FOREIGN PRACTICES 421. Regulations Affecting Shipping in Foreign Trade ................................... 42101 Chapter Sec. 423. Foreign Shipping Practices .............. 42301 425. National Shipper Advisory Com- mittee .................................................. 42501 1 PART C—MISCELLANEOUS 441. Evidence of Financial Responsi- bility for Passenger Transpor- tation .................................................. 44101 PART D—FEDERAL MARITIME COMMISSION 461. Federal Maritime Commission ........ 46101 Editorial Notes AMENDMENTS 2021—Pub. L. 116–283, div. G, title LVXXXVI [LXXXVI], §§ 8604(c), 8605(b)(5), Jan. 1, 2021, 134 Stat. 4764, 4765, added item for chapter 425 and item for part D. Item for chapter 425 was formatted to the style of this analysis to reflect the probable intent of Congress. PART A—OCEAN SHIPPING CHAPTER 401—GENERAL Sec. 40101. Purposes. 40102. Definitions. 40103. Administrative exemptions. 40104. Reports filed with the Commission. § 40101. Purposes The purposes of this part are to— (1) establish a nondiscriminatory regulatory process for the common carriage of goods by water in the foreign commerce of the United States with a minimum of government inter- vention and regulatory costs; (2) ensure an efficient, competitive, and eco- nomical transportation system in the ocean commerce of the United States; (3) encourage the development of an eco- nomically sound and efficient liner fleet of vessels of the United States capable of meet- ing national security needs and supporting commerce; and (4) promote the growth and development of United States exports through a competitive and efficient system for the carriage of goods by water in the foreign commerce of the United States, and by placing a greater reli- ance on the marketplace. (Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1523; Pub. L. 117–146, § 2, June 16, 2022, 136 Stat. 1272.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 40101 .......... 46 App.:1701. Pub. L. 98–237, § 2, Mar. 20, 1984, 98 Stat. 67; Pub. L. 105–258, title I, § 101, Oct. 14, 1998, 112 Stat. 1902. Editorial Notes AMENDMENTS 2022—Par. (2). Pub. L. 117–146, § 2(1), added par. (2) and struck out former par. (2) which read as follows: ‘‘pro- vide an efficient and economic transportation system in the ocean commerce of the United States that is, in-