46 U.S.C. § 2102 — Limited definitions

Page 27 TITLE 46—SHIPPING § 2102 ‘‘(2) Any safety concerns regarding the expiration of such interim exemption. ‘‘(3) Whether such interim exemption should be ex- tended. ‘‘(g) TERMINATION.—The interim exemption provided under subsection (b) shall terminate on the date that is 2 years after the date of the enactment of this Act.’’ FISHING AND FISH TENDER VESSELS Pub. L. 103–206, title III, § 321, Dec. 20, 1993, 107 Stat. 2427, provided that: ‘‘(a) In this section, ‘fish tender vessel’, ‘fishing ves- sel’, and ‘tank vessel’ have the meanings given those terms under section 2101 of title 46, United States Code. ‘‘(b) A fishing vessel or fish tender vessel of not more than 750 gross tons, when engaged only in the fishing industry, shall not be deemed to be a tank vessel for the purposes of any law. ‘‘(c)(1) This section does not affect the authority of the Secretary of Transportation under chapter 33 of title 46, United States Code, to regulate the operation of the vessels listed in subsection (b) to ensure the safe carriage of oil and hazardous substances. ‘‘(2) This section does not affect the requirement for fish tender vessels engaged in the Aleutian trade to comply with chapters 33, 45, 51, 81, and 87 of title 46, United States Code, as provided in the Aleutian Trade Act of 1990 (Public Law 101–595) [see Short Title of 1990 Amendment note set out under section 101 of this title].’’ APPLICABILITY DATE FOR REVISED REGULATIONS Pub. L. 103–206, title V, § 513, Dec. 20, 1993, 107 Stat. 2443, provided that: ‘‘(a) APPLICABILITY DATE FOR CERTAIN CHARTERED VESSELS.—Revised regulations governing small pas- senger vessels and passenger vessels (as the definitions of those terms in section 2101 of title 46, United States Code, are amended by this Act) shall not, before the date that is 6 months after the date of enactment of this Act [Dec. 20, 1993], apply to such vessels when char- tered with no crew provided. ‘‘(b) EXTENSION OF PERIOD.—The Secretary of the de- partment in which the Coast Guard is operating shall extend for up to 30 additional months or until issuance of a certificate of inspection, whichever occurs first, the period of inapplicability specified in subsection (a) if the owner of the vessel concerned carries out the pro- visions of subsection (c) to the satisfaction of the Sec- retary. ‘‘(c) CONDITIONS FOR EXTENSION.—To receive an exten- sion authorized by subsection (b), the owner of the ves- sel shall— ‘‘(1) make application for inspection with the Coast Guard within 6 months after the date of enactment of this Act [Dec. 20, 1993]; ‘‘(2) make the vessel available for examination by the Coast Guard prior to the carriage of passengers; ‘‘(3)(A) correct especially any hazardous conditions involving the vessel’s structure, electrical system, and machinery installation, such as (i) grossly inad- equate, missing, unsound, or severely deteriorated frames or major structural members; (ii) wiring sys- tems or electrical appliances without proper ground- ing or overcurrent protection; and (iii) significant fuel or exhaust system leaks; ‘‘(B) equip the vessel with lifesaving and fire fight- ing equipment, or the portable equivalent, required for the route and number of persons carried; and ‘‘(C) verify through stability tests, calculations, or other practical means (which may include a history of safe operations) that the vessel’s stability is satis- factory for the size, route, and number of passengers; and ‘‘(4) develop a work plan approved by the Coast Guard to complete in a good faith effort all require- ments necessary for issuance of a certificate of in- spection as soon as practicable. ‘‘(d) OPERATION OF VESSEL DURING EXTENSION PE- RIOD.—The owner of a vessel receiving an extension under this section shall operate the vessel under the conditions of route, service, number of passengers, manning, and equipment as may be prescribed by the Coast Guard for the extension period.’’ TANK VESSEL DEFINITION CLARIFICATION Pub. L. 102–587, title V, § 5209, Nov. 4, 1992, 106 Stat. 5076, as amended by Pub. L. 105–383, title IV, § 422, Nov. 13, 1998, 112 Stat. 3439; Pub. L. 111–281, title VI, § 617(a)(1)(B), Oct. 15, 2010, 124 Stat. 2972, provided that: ‘‘(a) In this section, ‘offshore supply vessel’, ‘fish ten- der vessel’, ‘fishing vessel’, and ‘tank vessel’ have the meanings given those terms under section 2101 of title 46, United States Code. ‘‘(b) The following vessels are deemed not to be a tank vessel for the purposes of any law: ‘‘(1) An offshore supply vessel of less than 500 gross tons as measured under section 14502, or an alternate tonnage measured under section 14302 of such title as prescribed by the Secretary under section 14104 of such title. ‘‘(2) A fishing or fish tender vessel of not more than 750 gross tons that transfers without charge to a fish- ing vessel owned by the same person. ‘‘(3) A vessel— ‘‘(A) configured, outfitted, and operated primarily for dredging operations; and ‘‘(B) engaged in dredging operations which trans- fers fuel to other vessels engaged in the same dredg- ing operations without charge. ‘‘(c)(1) This section does not affect the authority of the Secretary of Transportation under chapter 33 of title 46, United States Code, to regulate the operation of the vessels listed in subsection (b) to ensure the safe carriage of oil and hazardous substances. ‘‘(2) This section does not affect the requirement for fish tender vessels engaged in the Aleutian trade to comply with chapters 33, 45, 51, 81, and 87 of title 46, United States Code, as provided in the Aleutian Trade Act of 1990 ([title VI of] Public Law 101–595) [see Short Title of 1990 Amendment note set out under section 101 of this title]. ‘‘(d) Current regulations governing the vessels in sub- section (b) remain in effect.’’ DEFINITIONS OF TERMS USED IN TITLE II OF PUB. L. 115–265 Pub. L. 115–265, title II, § 203, Oct. 11, 2018, 132 Stat. 3745, provided that: ‘‘In this title [see section 201 of Pub. L. 115–265, set out as a Short Title of 2018 Amend- ment note under section 101 of this title]: ‘‘(1) COMMANDANT.—The term ‘Commandant’ means the Commandant of the Coast Guard. ‘‘(2) RECOGNIZED ORGANIZATION.—The term ‘recog- nized organization’ has the meaning given that term in section 2.45–1 of title 46, Code of Federal Regula- tions, as in effect on the date of the enactment of this Act [Oct. 11, 2018]. ‘‘(3) SECRETARY.—The term ‘Secretary’ means the Secretary of the department in which the Coast Guard is operating.’’ § 2102. Limited definitions In chapters 33, 45, 51, 81, and 87 of this title, ‘‘Aleutian trade’’ means the transportation of cargo (including fishery related products) for hire on board a fish tender vessel to or from a place in Alaska west of 153 degrees west lon- gitude and east of 172 degrees east longitude, if that place receives weekly common carrier serv- ice by water, to or from a place in the United States (except a place in Alaska). (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 505; Pub. L. 98–369, div. A, title X, § 1011(a), July 18, 1984, 98 Stat. 1013; Pub. L. 99–509, title V, § 5102(b)(2), Oct. 21, 1986, 100 Stat. 1926; Pub. L. 101–595, title VI, § 602(a), Nov. 16, 1990, 104 Stat. 2990; Pub. L. Page 28 TITLE 46—SHIPPING § 2103 109–304, §§ 15(3), 16(a), Oct. 6, 2006, 120 Stat. 1702, 1705.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 2102 .............................................. 46:1452(10)–(14) Section 2102 contains a number of definitions that are limited to recreational vessels in Chapter 43 of Part B and the numbering of these vessels in Chapter 123 of Part H. Editorial Notes AMENDMENTS 2006—Pub. L. 109–304 redesignated subsec. (b) as entire section, substituted ‘‘west’’ for ‘‘West’’ and ‘‘east’’ for ‘‘East’’, and struck out subsec. (a) which defined ‘‘eligi- ble State’’, ‘‘State’’, ‘‘United States’’, and ‘‘State rec- reational boating safety program’’ in chapters 37, 43, 51, and 123 of this title and part I of this subtitle. 1990—Pub. L. 101–595 designated existing provisions as subsec. (a) and added subsec. (b). 1986—Pub. L. 99–509 inserted reference to chapters 37 and 51. 1984—Par. (1). Pub. L. 98–369, § 1011(a)(1), struck out ‘‘and facilities improvement’’ after ‘‘recreational boat- ing safety’’. Par. (3). Pub. L. 98–369, § 1011(a)(2), (3), redesignated par. (5) as (3) and struck out former par. (3) which de- fined a State recreational boating facilities improve- ment program. Par. (4). Pub. L. 98–369, § 1011(a)(2), struck out par. (4) which defined State recreational boating safety and fa- cilities improvement program. Par. (5). Pub. L. 98–369, § 1011(a)(3), redesignated par. (5) as (3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–369 effective Oct. 1, 1984, to apply with respect to fiscal years beginning after Sept. 30, 1984, see section 1013 of Pub. L. 98–369, set out as a note under section 13101 of this title. § 2103. Superintendence of the merchant marine The Secretary has general superintendence over the merchant marine of the United States and of merchant marine personnel insofar as the enforcement of this subtitle is concerned and in- sofar as those vessels and personnel are not sub- ject, under other law, to the supervision of an- other official of the United States Government. In the interests of marine safety and seamen’s welfare, the Secretary shall enforce this subtitle and shall carry out correctly and uniformly ad- minister this subtitle. The Secretary may pre- scribe regulations to carry out the provisions of this subtitle. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 506; Pub. L. 99–307, § 9, May 19, 1986, 100 Stat. 447.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 2103 .............................................. 46:2 46:372 46:689 Section 2103 provides the Secretary with the author- ity to superintend the merchant marine and those in- volved personnel insofar as the vessels and personnel are not subject, under other laws, to the supervision of another official. The Secretary has the duty to enforce the laws with respect to vessels and seamen and to carry out correctly and uniformly these laws and regu- lations. The term ‘‘superintendence’’ is used to indicate the Secretary’s broad responsibility for overseeing maritime safety and seamen’s welfare, including em- ployment, shipping, navigation, and protection of the marine environment. Editorial Notes AMENDMENTS 1986—Pub. L. 99–307 substituted ‘‘subtitle. The Sec- retary may prescribe regulations to carry out the pro- visions of this subtitle’’ for ‘‘subtitle and regulations prescribed under this subtitle’’. § 2104. Delegation (a) The Secretary may delegate the duties and powers conferred by this subtitle to any officer, employee, or member of the Coast Guard, and may provide for the subdelegation of those du- ties and powers. (b) When this subtitle authorizes an officer or employee of the Customs Service to act in place of a Coast Guard official, the Secretary may des- ignate that officer or employee subject to the approval of the Secretary of the Treasury. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 506.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 2104 .............................................. 46:65v(1) 46:382b 46:416 46:543 46:689 Section 2104 provides the Secretary with authority to delegate duties and powers to others. It also contains the authority to designate an officer or employee of the United States Customs Service to act in the place of a Coast Guard official. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For transfer of functions, personnel, assets, and li- abilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of Novem- ber 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. § 2105. Report The Secretary shall provide for the investiga- tion of the operation of this subtitle and of all laws related to marine safety, and shall require