46 U.S.C. § 12102 — Vessels requiring documentation

Page 204 TITLE 46—SHIPPING § 12101 L. 107–20, July 24, 2001, 115 Stat. 155; Pub. L. 107–206, Aug. 2, 2002, 116 Stat. 820; Pub. L. 107–295, Nov. 25, 2002, 116 Stat. 2064; Pub. L. 108–136, Nov. 24, 2003, 117 Stat. 1392; Pub. L. 108–293, Aug. 9, 2004, 118 Stat. 1028; Pub. L. 109–241, July 11, 2006, 120 Stat. 516. This chapter is shown here, however, as having been enacted by Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1491, without reference to those intervening amendments because of the gen- eral amendment of this chapter by Pub. L. 109–304. AMENDMENTS 2021—Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], § 8320(b), Jan. 1, 2021, 134 Stat. 4701, which di- rected amendment of ‘‘the analysis for subchapter I of chapter 121’’ of this title by adding at the end item 12108 ‘‘Authority to extend duration of vessel certifi- cates’’, was executed by adding item 12108 after item 12107 in this analysis to reflect the probable intent of Congress. 2012—Pub. L. 112–213, title III, § 308(b), Dec. 20, 2012, 126 Stat. 1566, added item 12140. Statutory Notes and Related Subsidiaries TRANSPARENCY Pub. L. 115–282, title V, § 516(a), Dec. 4, 2018, 132 Stat. 4279, provided that: ‘‘The Commandant of the Coast Guard shall publish any letter of determination issued by the Coast Guard National Vessel Documentation Center after the date of the enactment of this Act [Dec. 4, 2018] on the National Vessel Documentation Center website not later than 30 days after the date of issuance of such letter of determination.’’ SUBCHAPTER I—GENERAL § 12101. Definitions (a) REBUILT IN THE UNITED STATES.—In this chapter, a vessel is deemed to have been rebuilt in the United States only if the entire rebuild- ing, including the construction of any major component of the hull or superstructure, was done in the United States. (b) RELATED TERMS IN OTHER LAWS.—When the following terms are used in a law, regulation, document, ruling, or other official act referring to the documentation of a vessel, the following definitions apply: (1) REGISTRY ENDORSEMENT.—The terms ‘‘certificate of registry’’, ‘‘register’’, and ‘‘reg- istry’’ mean a certificate of documentation with a registry endorsement issued under this chapter. (2) COASTWISE ENDORSEMENT.—The terms ‘‘li- cense’’, ‘‘enrollment and license’’, ‘‘license for the coastwise (or coasting) trade’’, and ‘‘en- rollment and license for the coastwise (or coasting) trade’’ mean a certificate of docu- mentation with a coastwise endorsement issued under this chapter. (3) YACHT.—The term ‘‘yacht’’ means a rec- reational vessel even if not documented. (Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1491.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 12101(a) ...... 46:12101(a)(2). 46 App.:883 (2d pro- viso related to meaning of ‘‘re- built’’). June 5, 1920, ch. 250, § 27 (2d proviso related to mean- ing of ‘‘rebuilt’’), 41 Stat. 999; July 2, 1935, ch. 355, 49 Stat. 442; July 14, 1956, ch. 600, § 1, 70 Stat. 544; Pub. L. 86–583, § 1, July 5, 1960, 74 Stat. 321; Pub. L. 100–239, § 6(c)(1), Jan. 11, 1988, 101 Stat. 1782. HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 12101(b) ...... 46:12101(b). In subsection (a), the words ‘‘its territories’’ and ‘‘or its possessions’’ are omitted because of the definition of ‘‘United States’’ in chapter 1 of the revised title. The words ‘‘(not including trust territories)’’ are omitted because the Trust Territory of the Pacific Islands has terminated. See 48 U.S.C. 1681 note prec. Editorial Notes PRIOR PROVISIONS A prior section 12101, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 585; Pub. L. 98–364, title IV, § 402(16), July 17, 1984, 98 Stat. 450; Pub. L. 99–36, § 1(a)(7)(B), May 15, 1985, 99 Stat. 67; Pub. L. 100–239, § 3(2), (3), Jan. 11, 1988, 101 Stat. 1778; Pub. L. 101–225, title III, § 301(a)(1), Dec. 12, 1989, 103 Stat. 1920; Pub. L. 104–324, title XI, § 1115(b)(2), Oct. 19, 1996, 110 Stat. 3972, originally derived from section 65w of former Title 46, Shipping, related to definitions and related terms in other laws, prior to the general amendment of this chapter by Pub. L. 109–304. See this section and section 108 of this title. § 12102. Vessels requiring documentation (a) IN GENERAL.—Except as otherwise pro- vided, a vessel may engage in a trade only if the vessel has been issued a certificate of docu- mentation with an endorsement for that trade under this chapter. (b) VESSELS LESS THAN 5 NET TONS.—A vessel of less than 5 net tons may engage in a trade without being documented if the vessel other- wise satisfies the requirements to engage in the particular trade. (c) BARGES.—A barge qualified to engage in the coastwise trade may engage in the coastwise trade, without being documented, on rivers, har- bors, lakes (except the Great Lakes), canals, and inland waters. (d) AQUACULTURE WAIVER.— (1) PERMITTING OF NONQUALIFIED VESSELS TO PERFORM CERTAIN AQUACULTURE SUPPORT OPER- ATIONS.—Notwithstanding section 12113 and any other law, the Secretary of Transpor- tation may issue a waiver allowing a docu- mented vessel with a registry endorsement or a foreign flag vessel to be used in operations that treat aquaculture fish for or protect aquaculture fish from disease, parasitic infes- tation, or other threats to their health if the Secretary finds, after publishing a notice in the Federal Register, that a suitable vessel of the United States is not available that could perform those services. (2) PROHIBITION.—Vessels operating under a waiver issued under this subsection may not engage in any coastwise transportation. (Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1492; Pub. L. 111–281, title IX, § 901(c)(1), Oct. 15, 2010, 124 Stat. 3008.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 12102(a) ...... 46:12106(b). 46:12108(b). 46:12110(a). 12102(b) ...... 46:12102(a) (related to tonnage). Page 205 TITLE 46—SHIPPING § 12104 HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 12102(c) ...... 46:12110(b). Editorial Notes PRIOR PROVISIONS A prior section 12102, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 585; Pub. L. 99–509, title V, § 5102(b)(6), Oct. 21, 1986, 100 Stat. 1927; Pub. L. 100–239, § 7(a), Jan. 11, 1988, 101 Stat. 1782; Pub. L. 100–710, title I, § 104(a)(4), (5), Nov. 23, 1988, 102 Stat. 4750; Pub. L. 101–225, title III, § 301(a)(2), Dec. 12, 1989, 103 Stat. 1920; Pub. L. 104–324, title XI, § 1136(a), Oct. 19, 1996, 110 Stat. 3986; Pub. L. 105–277, div. C, title II, § 202(a), Oct. 21, 1998, 112 Stat. 2681–617; Pub. L. 105–383, title IV, §§ 401(a)(1), 421, Nov. 13, 1998, 112 Stat. 3424, 3439; Pub. L. 107–20, title II, § 2202(a), July 24, 2001, 115 Stat. 168; Pub. L. 107–206, title I, § 1103, Aug. 2, 2002, 116 Stat. 884; Pub. L. 108–136, div. C, title XXXV, § 3534(b)(1), Nov. 24, 2003, 117 Stat. 1818, originally derived from section 65b of former Title 46, Shipping, related to vessels eligible for documentation, prior to the general amendment of this chapter by Pub. L. 109–304. See this section and sections 12103, 12111, and 12113 of this title. AMENDMENTS 2010—Subsec. (d). Pub. L. 111–281 added subsec. (d). Statutory Notes and Related Subsidiaries REGULATIONS Pub. L. 111–281, title IX, § 901(c)(2), Oct. 15, 2010, 124 Stat. 3008, provided that: ‘‘The Secretary of the depart- ment in which the Coast Guard is operating shall, in accordance with section 553 of title 5, United States Code, and after public notice and comment, promulgate regulations necessary and appropriate to implement this subsection [amending this section]. The Secretary may grant interim permits pending the issuance of such regulations upon receipt of applications con- taining the required information.’’ § 12103. General eligibility requirements (a) IN GENERAL.—Except as otherwise pro- vided, a certificate of documentation for a ves- sel 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 for- eign country. (b) ELIGIBLE OWNERS.—For purposes of sub- section (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 partner- ship 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 direc- tors 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 MEAS- UREMENT.—Notwithstanding subsection (a)(2), the Secretary may issue a temporary certificate of documentation for a vessel before it is meas- ured. (Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1492.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 12103(a) ...... 46:12102(a) (less ownership), (b) (1st sentence). 12103(b) ...... 46:12102(a) (related to ownership) 12103(c) ...... 46:12102(b) (last sen- tence). Editorial Notes PRIOR PROVISIONS A prior section 12103, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 585; Pub. L. 100–710, title I, § 104(a)(4), (6), Nov. 23, 1988, 102 Stat. 4750; Pub. L. 101–225, title III, § 301(a)(3), Dec. 12, 1989, 103 Stat. 1920; Pub. L. 102–388, title III, § 348(c)(1), Oct. 6, 1992, 106 Stat. 1554; Pub. L. 102–587, title V, § 5213(a)(1), Nov. 4, 1992, 106 Stat. 5077; Pub. L. 107–295, title IV, § 422(a), Nov. 25, 2002, 116 Stat. 2125, originally derived from section 65e of former Title 46, Shipping, related to certificates of documentation, prior to the general amendment of this chapter by Pub. L. 109–304. See sections 12104, 12105, and 12133 of this title. A prior section 12103a, added Pub. L. 107–295, title IV, § 422(b)(1), Nov. 25, 2002, 116 Stat. 2125, related to issuance of temporary certificate of documentation by third parties, prior to the general amendment of this chapter by Pub. L. 109–304. See section 12105 of this title. § 12104. Applications for documentation (a) IN GENERAL.—An application for a certifi- cate of documentation or endorsement under this chapter must be filed by the owner of the vessel. The application must be filed in the man- ner, be in the form, and contain the information prescribed by the Secretary. (b) APPLICANT’S IDENTIFYING INFORMATION.— The Secretary shall require the applicant to pro- vide— (1) if the applicant is an individual, the indi- vidual’s social security number; or (2) if the applicant is an entity— (A) the entity’s taxpayer identification number; or (B) if the entity does not have a taxpayer identification number, the social security number of an individual who is a corporate officer, general partner, or individual trust- ee of the entity and who signs the applica- tion. (Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1493.)