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 Stat. 1922, provided that: ‘‘Section 12111(c)(3) [now sec- tion 12136(b)(2)] of title 46, United States Code, does not apply to a mortgage that— ‘‘(1) was filed or recorded before January 1, 1989; and ‘‘(2) was not a preferred mortgage (as that term is defined in section 31301(6) of that title) on that date.’’ § 12137. Recording of vessels built in the United States The Secretary may provide for recording and certifying information about vessels built in the United States that the Secretary considers to be in the public interest. (Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1507.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 12137 .......... 46:12117. § 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 Sec- retary considers pertinent or useful. The list shall contain a notation clearly indicating all vessels classed by the American Bureau of Ship- ping. (b) VESSELS FOR CABLE LAYING, MAINTENANCE, AND REPAIR.— (1) IN GENERAL.—The Secretary of Transpor- tation shall develop, maintain, and periodi- cally 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 inven- tory— (A) the name, length, beam, depth, and other distinguishing characteristics of the vessel; (B) the abilities and limitations of the ves- sel 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 Trans- portation shall publish in the Federal Register an updated inventory every 6 months. (Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1507.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 12138(a) ...... 46:12119. 12138(b) ...... 46:12119 note. Pub. L. 107–295, title IV, § 403, Nov. 25, 2002, 116 Stat. 2114. In subsection (b), the word ‘‘Secretary’’ is substituted for ‘‘Secretary of Transportation’’ for consistency in the chapter. § 12139. Reports (a) IN GENERAL.—To ensure compliance with this chapter and laws governing the qualifica- tions of vessels to engage in the coastwise trade and the fisheries, the Secretary may require owners, masters, charterers, and mortgagees of documented vessels to submit reports in any reasonable form and manner the Secretary may prescribe. (b) VESSELS REBUILT OUTSIDE UNITED STATES.— (1) IN GENERAL.—Under regulations pre- scribed by the Secretary, if a vessel exceeding the tonnage specified in paragraph (2) and doc- umented or last documented under the laws of the United States is rebuilt outside the United States, the owner or master shall submit a re- port of the rebuilding to the Secretary. (2) TONNAGE.—The tonnage referred to in paragraph (1) is— (A) 500 gross tons as measured under sec- tion 14502 of this title; or (B) an alternate tonnage as measured under section 14302 of this title as prescribed