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46 U.S.C. § 30101 — Extension of jurisdiction to cases of dam-

Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 30101 — Extension of jurisdiction to cases of dam-

Page 253 TITLE 46—SHIPPING § 30101 rine safety experts, the shipbuilding industry, and others as the committee determines ap- propriate. (m) TERMINATION.—Each committee estab- lished under this chapter or to which this chap- ter applies shall terminate on September 30, 2029. (n) SAVINGS CLAUSE.—Nothing in this section shall preclude the Secretary from taking emer- gency action to ensure safety and preservation of life at sea. (Added Pub. L. 115–282, title VI, § 601(a), Dec. 4, 2018, 132 Stat. 4286; amended Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], §§ 8331(b), 8335(a)(2), title LVXXXV [LXXXV], § 8505(b)(14), Jan. 1, 2021, 134 Stat. 4703, 4707, 4752; Pub. L. 118–159, div. C, title XXXV, § 3535(e), Dec. 23, 2024, 138 Stat. 2315.) Editorial Notes AMENDMENTS 2024—Subsec. (a)(2). Pub. L. 118–159, § 3535(e)(1), sub- stituted ‘‘15102’’ for ‘‘15102,’’ in introductory provisions. Subsec. (k)(1). Pub. L. 118–159, § 3535(e)(2), inserted ‘‘or to which this chapter applies’’ after ‘‘under this chap- ter’’ in introductory provisions. 2021—Pub. L. 116–283, § 8331(b), inserted ‘‘or to which this chapter applies’’ after ‘‘committee established under this chapter’’ wherever appearing. The phrase ‘‘committee established under this chapter’’ in subsec. (k) was added subsequent to this amendment, and therefore the inserted phrase does not appear there. See subsec. (k) Amendment note below. Subsec. (a). Pub. L. 116–283, § 8335(a)(2)(A), designated existing provisions as par. (1), inserted heading, sub- stituted ‘‘Except as provided in paragraph (2), each’’ for ‘‘Each’’, and added par. (2). Subsec. (f)(8). Pub. L. 116–283, § 8335(a)(2)(B), des- ignated existing provisions as subpar. (A), inserted heading, and added subpar. (B). Subsec. (i)(2). Pub. L.

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Page 253 TITLE 46—SHIPPING § 30101 rine safety experts, the shipbuilding industry, and others as the committee determines ap- propriate. (m) TERMINATION.—Each committee estab- lished under this chapter or to which this chap- ter applies shall terminate on September 30, 2029. (n) SAVINGS CLAUSE.—Nothing in this section shall preclude the Secretary from taking emer- gency action to ensure safety and preservation of life at sea. (Added Pub. L. 115–282, title VI, § 601(a), Dec. 4, 2018, 132 Stat. 4286; amended Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], §§ 8331(b), 8335(a)(2), title LVXXXV [LXXXV], § 8505(b)(14), Jan. 1, 2021, 134 Stat. 4703, 4707, 4752; Pub. L. 118–159, div. C, title XXXV, § 3535(e), Dec. 23, 2024, 138 Stat. 2315.) Editorial Notes AMENDMENTS 2024—Subsec. (a)(2). Pub. L. 118–159, § 3535(e)(1), sub- stituted ‘‘15102’’ for ‘‘15102,’’ in introductory provisions. Subsec. (k)(1). Pub. L. 118–159, § 3535(e)(2), inserted ‘‘or to which this chapter applies’’ after ‘‘under this chap- ter’’ in introductory provisions. 2021—Pub. L. 116–283, § 8331(b), inserted ‘‘or to which this chapter applies’’ after ‘‘committee established under this chapter’’ wherever appearing. The phrase ‘‘committee established under this chapter’’ in subsec. (k) was added subsequent to this amendment, and therefore the inserted phrase does not appear there. See subsec. (k) Amendment note below. Subsec. (a). Pub. L. 116–283, § 8335(a)(2)(A), designated existing provisions as par. (1), inserted heading, sub- stituted ‘‘Except as provided in paragraph (2), each’’ for ‘‘Each’’, and added par. (2). Subsec. (f)(8). Pub. L. 116–283, § 8335(a)(2)(B), des- ignated existing provisions as subpar. (A), inserted heading, and added subpar. (B). Subsec. (i)(2). Pub. L. 116–283, § 8505(b)(14), substituted ‘‘additional individuals’’ for ‘‘additional persons’’. Subsec. (j)(3)(D). Pub. L. 116–283, § 8335(a)(2)(C), added subpar. (D). Subsec. (k). Pub. L. 116–283, § 8335(a)(2)(D), amended subsec. (k) generally. Prior to amendment, text read as follows: ‘‘Any Federal agency with matters under such agency’s administrative jurisdiction related to the function of a committee established under this chapter or to which this chapter applies may designate a rep- resentative to— ‘‘(1) attend any meeting of such committee; and ‘‘(2) participate as an observer at meetings of such committee that relate to such a matter.’’ Subsec. (l). Pub. L. 116–283, § 8335(a)(2)(G), added sub- sec. (l). Former subsec. (l) redesignated (m). Pub. L. 116–283, § 8335(a)(2)(E), substituted ‘‘2029’’ for ‘‘2027’’. Subsec. (m). Pub. L. 116–283, § 8335(a)(2)(F), redesig- nated subsec. (l) as (m). Subsec. (n). Pub. L. 116–283, § 8335(a)(2)(H), added sub- sec. (n). Subtitle III—Maritime Liability Chapter Sec. 301. General Liability Provisions ............ 30101 303. Death on the High Seas ..................... 30301 305. Exoneration and Limitation of Li- ability .................................................. 30501 307. Liability of Water Carriers ............... 30701 309. Suits in Admiralty Against the United States .................................... 30901 311. Suits Involving Public Vessels ......... 31101 Chapter Sec. 313. Commercial Instruments and Mari- time Liens .......................................... 31301 Editorial Notes AMENDMENTS 2006—Pub. L. 109–304, § 6(a), Oct. 6, 2006, 120 Stat. 1509, amended subtitle analysis generally, substituting ‘‘General Liability Provisions’’ for ‘‘General’’ in item for chapter 301, striking out ‘‘[Chapters 303–311—Re- served]’’ after item for chapter 301, adding items for chapters 303, 305, 307, 309, and 311, and striking out ‘‘[Chapter 315—Reserved]’’ after item for chapter 313. CHAPTER 301—GENERAL LIABILITY PROVISIONS Sec. 30101. Extension of jurisdiction to cases of damage or injury on land. 30102. Liability to passengers. 30103. Liability of master, mate, engineer, and pilot. 30104. Personal injury to or death of seamen. 30105. Restriction on recovery by non-citizens and non-resident aliens for incidents in waters of other countries. 30106. Time limit on bringing maritime action for personal injury or death. Editorial Notes PRIOR PROVISIONS A prior chapter 301, consisting of section 30101, pro- vided definitions for purposes of this subtitle, prior to repeal by Pub. L. 109–304, § 6(b), Oct. 6, 2006, 120 Stat. 1509. § 30101. Extension of jurisdiction to cases of dam- age or injury on land (a) IN GENERAL.—The admiralty and maritime jurisdiction of the United States extends to and includes cases of injury or damage, to person or property, caused by a vessel on navigable wa- ters, even though the injury or damage is done or consummated on land. (b) PROCEDURE.—A civil action in a case under subsection (a) may be brought in rem or in per- sonam according to the principles of law and the rules of practice applicable in cases where the injury or damage has been done and con- summated on navigable waters. (c) ACTIONS AGAINST UNITED STATES.— (1) EXCLUSIVE REMEDY.—In a civil action against the United States for injury or damage done or consummated on land by a vessel on navigable waters, chapter 309 or 311 of this title, as appropriate, provides the exclusive remedy. (2) ADMINISTRATIVE CLAIM.—A civil action described in paragraph (1) may not be brought until the expiration of the 6-month period after the claim has been presented in writing to the agency owning or operating the vessel causing the injury or damage. (Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1509.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30101 .......... 46 App.:740. June 19, 1948, ch. 526, 62 Stat. 496. In subsections (b) and (c), the words ‘‘civil action’’ are substituted for ‘‘suit’’ for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). Page 254 TITLE 46—SHIPPING § 30102 In subsection (c)(1), the words ‘‘for all causes of ac- tion arising after June 19, 1948, and for all causes of ac- tion where suit has not been hitherto filed under the Federal Tort Claims Act’’ are omitted as obsolete. Editorial Notes PRIOR PROVISIONS A prior section 30101, Pub. L. 100–710, title I, § 102(c), Nov. 23, 1988, 102 Stat. 4738, provided definitions for pur- poses of this subtitle, prior to repeal by Pub. L. 109–304, § 6(b), Oct. 6, 2006, 120 Stat. 1509. SHORT TITLE This section is popularly known as the Admiralty Ex- tension Act. § 30102. Liability to passengers (a) LIABILITY.—The owner and master of a ves- sel, and the vessel, are liable for personal injury to a passenger or damage to a passenger’s bag- gage caused by— (1) a neglect or failure to comply with part B or F of subtitle II of this title; or (2) a known defect in the steaming apparatus or hull of the vessel. (b) NOT SUBJECT TO LIMITATION.—A liability imposed under this section is not subject to lim- itation under chapter 305 of this title. (Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1509.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30102 .......... 46 App.:491 (words before semicolon). R.S. § 4493 (words before semicolon). In subsection (a), before paragraph (1), the words ‘‘or either of them’’ are omitted as unnecessary. The words ‘‘are liable for personal injury to a passenger or damage to a passenger’s baggage’’ are substituted for ‘‘When- ever damage is sustained by any passenger or his bag- gage’’ and ‘‘shall be liable to each and every person so injured’’ for clarity and to eliminate unnecessary words. The words ‘‘from explosion, fire, collision, or other cause’’ are omitted as unnecessary. The words ‘‘caused by’’ are substituted for ‘‘if it happens through’’ to eliminate unnecessary words. In paragraph (1), the words ‘‘part B or F of subtitle II of this title’’ are sub- stituted for ‘‘title 52 of the Revised Statutes’’ because of the prior codification of subtitle II of title 46. In paragraph (2), the word ‘‘imperfections’’ is omitted as included in ‘‘defect’’. Subsection (b) is substituted for ‘‘to the full amount of damage’’ for clarity. See Hines v. Butler, 278 F. 877, 880, 881 (4th Cir. 1921), cert. denied, 257 U.S. 659 (1922); The Annie Faxon, 75 F. 312, 317–319 (9th Cir. 1896). § 30103. Liability of master, mate, engineer, and pilot A person may bring a civil action against a master, mate, engineer, or pilot of a vessel, and recover damages, for personal injury or loss caused by the master’s, mate’s, engineer’s, or pi- lot’s— (1) negligence or willful misconduct; or (2) neglect or refusal to obey the laws gov- erning the navigation of vessels. (Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1510.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30103 .......... 46 App.:491 (words after semicolon). R.S. § 4493 (words after semi- colon). Before paragraph (1), the words ‘‘bring a civil action’’ are substituted for ‘‘sue’’ for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). In paragraph (1), the word ‘‘carelessness’’ is omitted as in- cluded in ‘‘negligence’’. § 30104. Personal injury to or death of seamen (a) IN GENERAL.—A seaman injured in the course of employment or, if the seaman dies from the injury, the personal representative of the seaman may elect to bring a civil action at law, with the right of trial by jury, against the employer. Laws of the United States regulating recovery for personal injury to, or death of, a railway employee apply to an action under this section. (b) LIMITATION ON RECOVERY BY AQUACULTURE WORKERS.— (1) IN GENERAL.—For purposes of subsection (a), the term ‘‘seaman’’ does not include an in- dividual who— (A) is an aquaculture worker if State workers’ compensation is available to such individual; and (B) was, at the time of injury, engaged in aquaculture in a place where such individual had lawful access. (2) AQUACULTURE WORKER DEFINED.—In this subsection, the term ‘‘aquaculture worker’’ means an individual who— (A) is employed by a commercial enter- prise that is involved in the controlled cul- tivation and harvest of aquatic plants and animals, including— (i) the cleaning, processing, or canning of fish and fish products; (ii) the cultivation and harvesting of shellfish; and (iii) the controlled growing and har- vesting of other aquatic species; (B) does not hold a license issued under section 7101(c); and (C) is not required to hold a merchant mariner credential under part F of subtitle II. (Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1510; Pub. L. 110–181, div. C, title XXXV, § 3521(a), Jan. 28, 2008, 122 Stat. 596; Pub. L. 117–263, div. K, title CXV, § 11520(a), Dec. 23, 2022, 136 Stat. 4142.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30104(a) ...... 46 App.:688(a) (1st sentence). Mar. 4, 1915, ch. 153, § 20(a), 38 Stat. 1185; June 5, 1920, ch. 250, § 33, 41 Stat. 1007; Pub. L. 97–389, title V, § 503(a)(1), Dec. 29, 1982, 96 Stat. 1955. 30104(b) ...... 46 App.:688(a) (last sentence). In subsection (a), the words ‘‘A seaman injured in the course of employment or, if the seaman dies from the injury, the personal representative of the seaman’’ are substituted for ‘‘Any seaman who shall suffer personal injury in the course of his employment’’ and ‘‘in case

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 30101 — Extension of jurisdiction to cases of damage or injury on land

**(a) In General.—** The admiralty and maritime jurisdiction of the United States extends to and includes cases of injury or damage, to person or property, caused by a vessel on navigable waters, even though the injury or damage is done or consummated on land. **(b) Procedure.—** A civil action in a case under subsection (a) may be brought in rem or in personam according to the principles of law and the rules of practice applicable in cases where the injury or damage has been done and consummated on navigable waters. **(c) Actions Against United States.—** (1) **Exclusive remedy.—** — In a civil action against the United States for injury or damage done or consummated on land by a vessel on navigable waters, chapter 309 or 311 of this title, as appropriate, provides the exclusive remedy. (2) **Administrative claim.—** — A civil action described in paragraph (1) may not be brought until the expiration of the 6-month period after the claim has been presented in writing to the agency owning or operating the vessel causing the injury or damage.

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