46 U.S.C. § 12106 — Surrender of title and number

Page 207 TITLE 46—SHIPPING § 12107 Subsec. (e)(2)(B), (C). Pub. L. 117–81, § 3511, redesig- nated subpar. (C) as (B) and struck out former subpar. (B), which read as follows: ‘‘PHASE-IN PERIOD.—During the period beginning January 1, 2019, and ending De- cember 31, 2021, the owner or operator of a recreational vessel may choose a period of effectiveness of between 1 and 5 years for such a certificate of documentation for such vessel or the renewal thereof.’’ 2018—Subsec. (e). Pub. L. 115–282 added subsec. (e). Statutory Notes and Related Subsidiaries CERTIFICATES OF DOCUMENTATION FOR RECREATIONAL VESSELS Pub. L. 114–120, title III, § 311, Feb. 8, 2016, 130 Stat. 57, provided that: ‘‘Not later than one year after the date of the enactment of this Act [Feb. 8, 2016], the Sec- retary of the department in which the Coast Guard is operating shall issue regulations that— ‘‘(1) make certificates of documentation for rec- reational vessels effective for 5 years; and ‘‘(2) require the owner of such a vessel— ‘‘(A) to notify the Coast Guard of each change in the information on which the issuance of the cer- tificate of documentation is based, that occurs be- fore the expiration of the certificate; and ‘‘(B) [to] apply for a new certificate of docu- mentation for such a vessel if there is any such change.’’ § 12106. Surrender of title and number (a) IN GENERAL.—A documented vessel may not be titled by a State or required to display numbers under chapter 123 of this title, and any certificate of title issued by a State for a docu- mented vessel shall be surrendered as provided by regulations prescribed by the Secretary. (b) VESSELS COVERED BY PREFERRED MORT- GAGE.—The Secretary may approve the sur- render under subsection (a) of a certificate of title for a vessel covered by a preferred mort- gage under section 31322(d) of this title only if the mortgagee consents. (Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1494.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 12106 .......... 46:12124. Editorial Notes PRIOR PROVISIONS A prior section 12106, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 586; Pub. L. 98–454, title III, § 301(b), Oct. 5, 1984, 98 Stat. 1734; Pub. L. 100–239, § 6(a)(2), (3), Jan. 11, 1988, 101 Stat. 1781; Pub. L. 101–225, title III, § 301(a)(6), Dec. 12, 1989, 103 Stat. 1921; Pub. L. 101–380, title IV, § 4205, Aug. 18, 1990, 104 Stat. 533; Pub. L. 104–324, title VII, § 743, title XI, § 1113(d), Oct. 19, 1996, 110 Stat. 3942, 3971; Pub. L. 108–293, title VI, § 608(a), Aug. 9, 2004, 118 Stat. 1054, originally derived from section 65i of former Title 46, Shipping, related to coastwise endorsements, prior to the general amendment of this chapter by Pub. L. 109–304. See sections 12102, 12112, 12116, 12117, and 12119 of this title. § 12107. Wrecked vessels (a) REQUIREMENTS.—A vessel is a wrecked ves- sel under this chapter if it— (1) was wrecked on a coast of the United States or adjacent waters; and (2) has undergone repairs in a shipyard in the United States equal to at least 3 times the appraised salvage value of the vessel. (b) APPRAISALS.—The Secretary may appoint a board of three appraisers to determine whether a vessel satisfies subsection (a)(2). The costs of the appraisal shall be paid by the owner of the vessel. (Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1494.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 12107 .......... 46 App.:14 (words be- fore last proviso). R.S. § 4136 (words before last proviso); Feb. 24, 1915, ch. 57, 38 Stat. 812; Pub. L. 103–182, title VI, § 686(a)(4), Dec. 8, 1993, 107 Stat. 2220. The words ‘‘The Secretary of Transportation may issue a certificate of documentation with a coastwise endorsement’’ and ‘‘when purchased by a citizen or citi- zens of the United States’’ are omitted as unnecessary because section 12112, as revised by the bill, provides the requirements for a wrecked vessel to obtain a coastwise endorsement. In subsection (c)(1), the words ‘‘or her possessions’’ are omitted as unnecessary because of the definition of ‘‘United States’’ in chapter 1 of the revised title. Editorial Notes PRIOR PROVISIONS A prior section 12107, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 587; Pub. L. 100–239, § 6(a)(4), (5), Jan. 11, 1988, 101 Stat. 1782; Pub. L. 101–225, title III, § 301(a)(7), Dec. 12, 1989, 103 Stat. 1921, originally derived from section 65j of former Title 46, Shipping, related to Great Lakes en- dorsements, prior to being repealed by Pub. L. 104–324, title XI, § 1115(a), Oct. 19, 1996, 110 Stat. 3972. A prior section 12108, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 587; Pub. L. 98–454, title III, § 301(c), Oct. 5, 1984, 98 Stat. 1734; Pub. L. 100–239, §§ 3(4), (5), 6(a)(6), Jan. 11, 1988, 101 Stat. 1779, 1782; Pub. L. 101–225, title III, § 301(a)(8), Dec. 12, 1989, 103 Stat. 1921; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41; Pub. L. 104–324, title III, § 301(e), title VII, § 744, Oct. 19, 1996, 110 Stat. 3917, 3942; Pub. L. 107–295, title IV, § 409, Nov. 25, 2002, 116 Stat. 2117, origi- nally derived from section 65k of former Title 46, Ship- ping, related to fishery endorsements, prior to being omitted in the general amendment of this chapter by Pub. L. 109–304. See sections 12102, 12113, and 12116 of this title. A prior section 12109, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 587; Pub. L. 99–36, § 1(a)(7)(C), May 15, 1985, 99 Stat. 67; Pub. L. 99–570, title III, § 3151, Oct. 27, 1986, 100 Stat. 3207–94; Pub. L. 100–710, title I, § 106(b)(5), Nov. 23, 1988, 102 Stat. 4752; Pub. L. 101–225, title III, § 301(a)(9), Dec. 12, 1989, 103 Stat. 1921; Pub. L. 101–595, title VI, § 603(9), Nov. 16, 1990, 104 Stat. 2993, originally derived from sec- tion 65l of former Title 46, Shipping, related to rec- reational endorsements, prior to being omitted in the general amendment of this chapter by Pub. L. 109–304. See section 12114 of this title. A prior section 12110, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 588; Pub. L. 99–36, § 1(a)(7)(D), May 15, 1985, 99 Stat. 67; Pub. L. 100–710, title I, § 104(a)(4), Nov. 23, 1988, 102 Stat. 4750; Pub. L. 101–225, title III, § 301(a)(10), Dec. 12, 1989, 103 Stat. 1922; Pub. L. 102–388, title III, § 348(b), Oct. 6, 1992, 106 Stat. 1554; Pub. L. 102–587, title V, § 5213(a)(2), Nov. 4, 1992, 106 Stat. 5077; Pub. L. 104–324, title III, § 301(c), (d)(1), Oct. 19, 1996, 110 Stat. 3916; Pub. L. 108–293, title IV, § 404(a), Aug. 9, 2004, 118 Stat. 1043, originally derived from section 65m of former Title 46, Shipping, related to limitations on operations author- ized by certificates, prior to being omitted in the gen- eral amendment of this chapter by Pub. L. 109–304. See sections 12102, 12114, and 12131 of this title.