46 U.S.C. § 12120 — Liquified gas tankers

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