46 U.S.C. § 12136 — Surrender of certificates of documenta-

Page 219 TITLE 46—SHIPPING § 12136 § 12132. Loss of coastwise trade privileges (a) SOLD FOREIGN OR PLACED UNDER FOREIGN REGISTRY.—A vessel of more than 200 gross tons (as measured under chapter 143 of this title), eli- gible to engage in the coastwise trade, and later sold foreign in whole or in part or placed under foreign registry may not thereafter engage in the coastwise trade. (b) REBUILT OUTSIDE THE UNITED STATES.—A vessel eligible to engage in the coastwise trade and later rebuilt outside the United States may not thereafter engage in the coastwise trade. (Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1505.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 12132(a) ...... 46 App.:883 (1st pro- viso). June 5, 1920, ch. 250, § 27 (1st proviso, 2d proviso less meaning 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; Pub. L. 104–324, title XI, § 1120(e), Oct. 19, 1996, 110 Stat. 3978. 12132(b) ...... 46 App.:883 (2d pro- viso less meaning of ‘‘rebuilt’’). In subsection (a), the words ‘‘eligible to engage in the coastwise trade’’ are substituted for ‘‘having at any time acquired the lawful right to engage in the coast- wise trade, either by virtue of having been built in, or documented under the laws of the United States’’, and the words ‘‘thereafter engage’’ are substituted for ‘‘hereafter acquire the right to engage’’, to eliminate unnecessary words. In subsection (b), the words ‘‘eligible to engage in the coastwise trade’’ are substituted for ‘‘which has ac- quired the lawful right to engage in the coastwise trade, by virtue of having been built in or documented under the laws of the United States’’, and the words ‘‘thereafter engage’’ are substituted for ‘‘have the right thereafter to engage’’, to eliminate unnecessary words. See section 12101 for the meaning of ‘‘rebuilt in the United States’’. § 12133. Duty to carry certificate on vessel and allow examination (a) DUTY TO CARRY.—The certificate of docu- mentation of a vessel shall be carried on the ves- sel unless the vessel is exempt by regulation from carrying the certificate. (b) AVAILABILITY.—The owner or individual in charge of a vessel required to carry its certifi- cate of documentation shall make the certifi- cate available for examination at the request of an officer enforcing the revenue laws or as oth- erwise required by law or regulation. (c) CRIMINAL PENALTY.—A person willfully vio- lating subsection (b) shall be fined under title 18, imprisoned for not more than one year, or both. (Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1505.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 12133 .......... 46:12103(e). HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 46 App.:277. R.S. § 4336; Aug. 5, 1935, ch. 438, title III, § 312, 49 Stat. 528; Pub. L. 85–237, § 2, Aug. 30, 1957, 71 Stat. 518; Pub. L. 103–182, title VI, § 686(a)(5), Dec. 8, 1993, 107 Stat. 2220. This section consolidates and clarifies the require- ments contained in the source provisions. The specific civil penalties are omitted as unnecessary because of the general civil penalty in section 12151(a) of the re- vised title. See also 19 U.S.C. 1581. § 12134. Evidentiary uses of documentation A certificate of documentation is— (1) conclusive evidence of nationality for international purposes, but not in a pro- ceeding conducted under the laws of the United States; (2) conclusive evidence of qualification to engage in a specified trade; and (3) not conclusive evidence of ownership in a proceeding in which ownership is in issue. (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) 12134 .......... 46:12104. § 12135. Invalidation of certificates of docu- mentation A certificate of documentation or an endorse- ment on the certificate is invalid if the vessel for which it is issued— (1) no longer meets the requirements of this chapter and regulations prescribed under this chapter applicable to the certificate or en- dorsement; or (2) is placed under the command of an indi- vidual not a citizen of the United States in violation of section 12131 of this title. (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) 12135 .......... 46:12111(a). In paragraph (2), the words ‘‘except for a recreational endorsement’’ are omitted as unnecessary because a recreational endorsement does not permit a vessel to engage in a trade. § 12136. Surrender of certificates of documenta- tion (a) SURRENDER.—An invalid certificate of doc- umentation, or a certificate with an invalid en- dorsement, shall be surrendered as provided by regulations prescribed by the Secretary. (b) CONDITIONS FOR SURRENDER.— (1) VESSELS OVER 1,000 TONS.—The Secretary may condition approval of the surrender of the certificate of documentation for a vessel over 1,000 gross tons. (2) VESSELS COVERED BY MORTGAGE.—The Secretary may approve the surrender of the 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