46 U.S.C. § 12116 — Limited endorsements for Guam, Amer-

Page 213 TITLE 46—SHIPPING § 12117 Statutory Notes and Related Subsidiaries DOCUMENTATION OF RECREATIONAL VESSELS Pub. L. 115–282, title VIII, § 826, Dec. 4, 2018, 132 Stat. 4314, provided that: ‘‘Coast Guard personnel performing nonrecreational vessel documentation functions under subchapter II of chapter 121 of title 46, United States Code, may perform recreational vessel documentation under section 12114 of such title in any fiscal year in which— ‘‘(1) funds available for Coast Guard operating ex- penses may not be used for expenses incurred for rec- reational vessel documentation; ‘‘(2) fees collected from owners of yachts and cred- ited to such use are insufficient to pay expenses of recreational vessel documentation; and ‘‘(3) there is a backlog of applications for rec- reational vessel documentation.’’ § 12115. Temporary endorsement for vessels pro- cured outside the United States (a) GENERAL AUTHORITY.—The Secretary and the Secretary of State, acting jointly, may pro- vide for the issuance of a certificate of docu- mentation with an appropriate endorsement for a vessel procured outside the United States and meeting the ownership requirements of section 12103 of this title. (b) AUTHORIZED ACTIVITY.—Subject to limita- tions the Secretary may prescribe, a vessel doc- umented 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 JURISDIC- TION 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 Sec- retary may suspend for a period of not more than 6 months the application of a vessel inspec- tion law carried out by the Secretary or regula- tions prescribed under that law. (d) SURRENDER OF CERTIFICATE.—On the ves- sel’s arrival in the United States, the certificate of documentation shall be surrendered as pro- vided by regulations prescribed by the Sec- retary. (Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1498.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 12115(a) ...... 46:12112(a). 12115(b) ...... 46:12112(b) (1st sen- tence). 12115(c) ...... 46:12112(c). 12115(d) ...... 46:12112(b) (last sen- tence). Editorial Notes PRIOR PROVISIONS A prior section 12115, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 589, originally derived from section 65d of former Title 46, Shipping, related to names of vessels, prior to being repealed by Pub. L. 100–710, title I, §§ 106(b)(5), 107(a), Nov. 23, 1988, 102 Stat. 4752, effective Jan. 1, 1989. § 12116. Limited endorsements for Guam, Amer- ican Samoa, and Northern Mariana Islands (a) ENDORSEMENTS.—A vessel satisfying the re- quirements of subsection (b) may be issued— (1) a coastwise endorsement to engage in the coastwise trade of fisheries products between places in Guam, American Samoa, and the Northern Mariana Islands; or (2) a fishery endorsement to engage in fish- ing in the territorial sea and fishery conserva- tion zone adjacent to Guam, American Samoa, and the Northern Mariana Islands. (b) REQUIREMENTS.—An endorsement may be issued under subsection (a) for a vessel that— (1) satisfies the requirements of section 12103 of this title; (2) was not built in the United States, except that for an endorsement under subsection (a)(2), the vessel must not have been built or rebuilt in the United States; (3) is less than 200 gross tons as measured under section 14502 of this title, or an alter- nate tonnage as measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title; and (4) otherwise qualifies under the laws of the United States to engage in the coastwise trade or the fisheries, as the case may be. (Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1499.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 12116 .......... 46:12106(c). 46:12108(c). Editorial Notes PRIOR PROVISIONS A prior section 12116, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 589, originally derived from section 65f of former Title 46, Shipping, related to numbers, signal letters, and identification markings, prior to being repealed by Pub. L. 100–710, title I, §§ 106(b)(5), 107(a), Nov. 23, 1988, 102 Stat. 4752, effective Jan. 1, 1989. Executive Documents TERRITORIAL SEA OF UNITED STATES For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands. § 12117. Oil spill response vessels (a) REQUIREMENTS.—A coastwise endorsement may be issued for a vessel that— (1) satisfies the requirements for a coastwise endorsement, except for the ownership re- quirement otherwise applicable without re- gard to this section; (2) is owned by a not-for-profit oil spill re- sponse cooperative or by members of such a cooperative that dedicate the vessel to use by the cooperative; (3) is at least 50 percent owned by individ- uals or entities described in section 12103(b) of this title; and (4) is to be used only for— (i) deploying equipment, supplies, and per- sonnel to recover, contain, or transport oil discharged into the navigable waters of the United States or the exclusive economic zone; or (ii) training exercises to prepare to re- spond to such a discharge.