46 U.S.C. § 12108 — Authority to extend duration of vessel

Page 208 TITLE 46—SHIPPING § 12108 § 12108. Authority to extend duration of vessel certificates (a) CERTIFICATES.—Provided a vessel is in com- pliance with inspection requirements in section 3313, the Secretary of the department in which in the Coast Guard is operating may, if the Sec- retary makes the determination described in subsection (b), extend, for a period of not more than 1 year, an expiring certificate of docu- mentation issued for a vessel under chapter 121. (b) DETERMINATION.—The determination re- ferred to in subsection (a) is a determination that such extension is required to enable the Coast Guard to— (1) eliminate a backlog in processing appli- cations for such certificates; or (2) act in response to a national emergency or natural disaster. (c) MANNER OF EXTENSION.—Any extension granted under this section may be granted to in- dividual vessels or to a specifically identified group of vessels. (Added Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], § 8320(a), Jan. 1, 2021, 134 Stat. 4701.) SUBCHAPTER II—ENDORSEMENTS AND SPECIAL DOCUMENTATION § 12111. Registry endorsement (a) REQUIREMENTS.—A registry endorsement may be issued for a vessel that satisfies the re- quirements of section 12103 of this title. (b) AUTHORIZED ACTIVITY.—A vessel for which a registry endorsement is issued may engage in foreign trade or trade with Guam, American Samoa, Wake, Midway, or Kingman Reef. (c) CERTAIN VESSELS OWNED BY TRUSTS.— (1) NONAPPLICATION OF BENEFICIARY CITIZEN- SHIP REQUIREMENT.—For the issuance of a cer- tificate of documentation with only a registry endorsement, the beneficiaries of a trust are not required to be citizens of the United States if the trust qualifies under paragraph (2) and the vessel is subject to a charter to a citizen of the United States. (2) REQUIREMENTS FOR TRUST TO QUALIFY.— (A) IN GENERAL.—Subject to subparagraph (B), a trust qualifies under this paragraph with respect to a vessel only if— (i) each trustee is a citizen of the United States; and (ii) the application for documentation of the vessel includes the affidavit of each trustee stating that the trustee is not aware of any reason involving a bene- ficiary of the trust that is not a citizen of the United States, or involving any other person that is not a citizen of the United States, as a result of which the beneficiary or other person would hold more than 25 percent of the aggregate power to influ- ence or limit the exercise of the authority of the trustee with respect to matters in- volving any ownership or operation of the vessel that may adversely affect the inter- ests of the United States. (B) AUTHORITY OF NON-CITIZENS.—If any person that is not a citizen of the United States has authority to direct or participate in directing a trustee for a trust in matters involving any ownership or operation of the vessel that may adversely affect the inter- ests of the United States or in removing a trustee for a trust without cause, either di- rectly or indirectly through the control of another person, the trust is not qualified under this paragraph unless the trust instru- ment provides that persons who are not citi- zens of the United States may not hold more than 25 percent of the aggregate authority to so direct or remove a trustee. (C) OWNERSHIP BY NON-CITIZENS.—Subpara- graphs (A) and (B) do not prohibit a person that is not a citizen of the United States from holding more than 25 percent of the beneficial interest in a trust. (3) CITIZENSHIP OF PERSON CHARTERING VES- SEL.—If a person chartering a vessel from a trust that qualifies under paragraph (2) is a citizen of the United States under section 50501 of this title, the vessel is deemed to be owned by a citizen of the United States for purposes of that section and related laws, ex- cept chapter 531 of this title. (d) ACTIVITIES INVOLVING MOBILE OFFSHORE DRILLING UNITS.— (1) IN GENERAL.—Only a vessel for which a certificate of documentation with a registry endorsement is issued may engage in— (A) the setting, relocation, or recovery of the anchors or other mooring equipment of a mobile offshore drilling unit that is located over the outer Continental Shelf (as defined in section 2(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(a))); or (B) the transportation of merchandise or personnel to or from a point in the United States from or to a mobile offshore drilling unit located over the outer Continental Shelf that is not attached to the seabed. (2) COASTWISE TRADE NOT AUTHORIZED.—Noth- ing in paragraph (1) authorizes the employ- ment in the coastwise trade of a vessel that does not meet the requirements of section 12112 of this title. (Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1494; Pub. L. 109–241, title III, § 310, July 11, 2006, 120 Stat. 529; Pub. L. 110–181, div. C, title XXXV, § 3525(a)(1), (b), Jan. 28, 2008, 122 Stat. 600, 601.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 12111(a) ...... 46:12105(a). 12111(b) ...... 46:12105(b). 12111(c) ...... 46:12102(d). Editorial Notes PRIOR PROVISIONS A prior section 12111, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 588; Pub. L. 100–710, title I, § 103(a), Nov. 23, 1988, 102 Stat. 4749; Pub. L. 104–324, title III, § 301(d)(2)(A), Oct. 19, 1996, 110 Stat. 3916; Pub. L. 107–295, title II, § 205(c), Nov. 25, 2002, 116 Stat. 2096, originally derived from section 65o of former Title 46, Shipping, related to surrender and invalidation of certificates of docu- mentation, prior to the general amendment of this chapter by Pub. L. 109–304. See sections 12135 and 12136 of this title.