46 U.S.C. § 56312 — Documented defined

Page 505 TITLE 46—SHIPPING § 56502 68 Stat. 675; Pub. L. 89–670, § 6(b)(1), (2), Oct. 15, 1966, 80 Stat. 938; Pub. L. 97–31, § 12(152), Aug. 6, 1981, 95 Stat. 167, which was formerly classified to section 198 of Title 50, War and National Defense, before being transferred to this chapter and renumbered as this section. AMENDMENTS 2017—Pub. L. 115–91, § 3504(c)(3)(A), substituted ‘‘sec- tion 56309 or 56310, as applicable’’ for ‘‘this Act’’ wher- ever appearing, except in first sentence of subsec. (c) and second sentence of subsec. (d). Pub. L. 115–91, § 3504(c)(2), inserted section enu- merator and catchline. Pub. L. 115–91, § 3504(c)(1), transferred section 3 of act Aug. 9, 1954, to this chapter and renumbered it as this section. See Codification note above. Subsec. (c). Pub. L. 115–91, § 3504(c)(3)(B), substituted ‘‘section 56309 or 56310, as applicable,’’ for ‘‘this Act’’ in first sentence and ‘‘Section 57109’’ for ‘‘The second paragraph of section 9 of the Shipping Act, 1916, as amended,’’ in third sentence. Subsec. (d). Pub. L. 115–91, § 3504(c)(3)(C)(i)–(iii), sub- stituted, in first sentence, ‘‘section 6101 of title 41’’ for ‘‘provisions of section 3709 of the Revised Statutes’’, in second sentence, ‘‘section 56309 or 56310, as applicable,’’ for ‘‘this Act’’ and ‘‘section 6101 of title 41’’ for ‘‘said section 3709’’, and, in third sentence, ‘‘chapter 575’’ for ‘‘title VII of the Merchant Marine Act, 1936’’. Subsec. (f). Pub. L. 115–91, § 3504(c)(3)(C)(iv), struck out subsec. (f) which read as follows: ‘‘When used in this Act, the term ‘documented’ means ‘registered’, ‘en- rolled and licensed’, or ‘licensed’.’’ See section 56312 of this title. 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. ‘‘Secretary of the department in which the Coast Guard is operating’’ substituted in subsec. (a) for ‘‘Sec- retary of the Treasury’’ pursuant to section 6(b)(1), (2) of Pub. L. 89–670, which transferred Coast Guard to De- partment of Transportation and transferred to and vested in Secretary of Transportation functions, pow- ers, and duties relating to Coast Guard, of Secretary of the Treasury and of all other officers and offices of De- partment of the Treasury, and which provided that not- withstanding such transfer Coast Guard shall operate as part of Navy in time of war or when President di- rects as provided in former section 3 (now 103) of Title 14, Coast Guard. See section 108 of Title 49, Transpor- tation. § 56312. Documented defined In sections 56309 through 56311, the term ‘‘doc- umented’’ means, with respect to a vessel, that a certificate of documentation has been issued for the vessel under chapter 121. (Added Pub. L. 115–91, div. C, title XXXV, § 3504(d), Dec. 12, 2017, 131 Stat. 1913.) CHAPTER 565—ESSENTIAL VESSELS AFFECTED BY NEUTRALITY ACT Sec. 56501. Definition. 56502. Adjusting obligations and arranging mainte- nance. 56503. Types of adjustments and arrangements. 56504. Changes in adjustments and arrangements. § 56501. Definition In this chapter, the term ‘‘essential vessel’’ means a vessel that is— (1)(A) security for a mortgage indebtedness to the United States Government; or (B) constructed under this subtitle or re- quired by a contract under this subtitle to be operated on a certain essential foreign trade route; and (2) necessary in the interests of commerce and national defense to be maintained in con- dition for prompt use. (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1656.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 56501 .......... 46 App.:1242a(a). June 29, 1940, ch. 442, subdiv. (a), 54 Stat. 684. § 56502. Adjusting obligations and arranging maintenance (a) GENERAL AUTHORITY.—On written applica- tion, the Secretary of Transportation may ad- just obligations and arrange for maintenance of an essential vessel as provided in this chapter if the Secretary determines, after any investiga- tion or proceeding the Secretary considers desir- able, that— (1) the operation of the vessel in the service, route, or line to which it is assigned under this subtitle, or in which it otherwise would be op- erated, is not— (A) lawful under the Neutrality Act of 1939 (22 U.S.C. 441 et seq.) or a proclamation issued under that Act; or (B) compatible with maintaining the avail- ability of the vessel for national defense and commerce; (2) it is not feasible under existing law to employ the vessel in any other service or oper- ation in foreign or domestic trade (except tem- porary or emergency operation under section 56503(b)(5) of this title); and (3) the applicant, because of the restrictions of the Neutrality Act of 1939 (22 U.S.C. 441 et seq.) or the withdrawal of vessels for national defense under paragraph (1), is not earning or will not earn a reasonable return on the cap- ital necessarily employed in its business. (b) EFFECTIVE PERIOD.—Adjustments and ar- rangements under subsection (a) shall continue in effect only as long as the circumstances de- scribed in subsection (a) continue to exist. (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1657.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 56502 .......... 46 App.:1242a(b), (e). June 29, 1940, ch. 442, subdivs. (b), (e), 54 Stat. 684, 686; Pub. L. 97–31, § 12(132), Aug. 6, 1981, 95 Stat. 165. The text of 46 App. U.S.C. 1242a(b) (1st sentence) is omitted as surplus. The text of 46 App. U.S.C. 1242a(e) is omitted as obsolete.