-CITE- 46 USC TITLE 46 - SHIPPING 01/02/2006 -EXPCITE- TITLE 46 - SHIPPING -HEAD- TITLE 46 - SHIPPING -MISC1- THIS TITLE WAS ENACTED BY PUB. L. 98-89, SEC. 1, AUG. 26, 1983, 97 STAT. 500; PUB. L. 99-509, TITLE V, SUBTITLE B, SEC. 5101, OCT. 21, 1986, 100 STAT. 1913; PUB. L. 100-424, SEC. 6, SEPT. 9, 1988, 102 STAT. 1591; AND PUB. L. 100-710, NOV. 23, 1988, 102 STAT. 4735 Subtitle Sec. I. GENERAL 101 II. VESSELS AND SEAMEN 2101 III. MARITIME LIABILITY 30101 [IV. RESERVED] V. MERCHANT MARINE 53101 VI. MISCELLANEOUS 70101 [BALANCE OF TITLE RESERVED] AMENDMENTS 2003 - Pub. L. 108-136, div. C, title XXXV, Sec. 3531(b), Nov. 24, 2003, 117 Stat. 1817, added item V. 2002 - Pub. L. 107-295, title I, Sec. 102(b), Nov. 25, 2002, 116 Stat. 2084, added item VI. 1988 - Pub. L. 100-710, title I, Sec. 102(b), Nov. 23, 1988, 102 Stat. 4738, amended title analysis generally, substituting "GENERAL" for "[Reserved - general]" in item I and adding item III. TABLE SHOWING DISPOSITION OF ALL SECTIONS OF FORMER TITLE 46 [FORMER SECTIONS OF TITLE 46 THAT ARE NOT INCLUDED IN TITLE 46, SHIPPING, AS ENACTED BY PUB. L. 98-89, SUBTITLE B OF TITLE V OF PUB. L. 99-509, SECTION 6 OF PUB. L. 100-424, AND PUB. L. 100-710 AND THAT HAVE NOT BEEN REPEALED ARE SET OUT IN THE APPENDIX TO TITLE 46 AND RETAIN THE SAME SECTION NUMBERS.] -------------------------------------------------------------------- Title 46 Title 46 Former Sections New Sections -------------------------------------------------------------------- 1 Rep. 2 2103 3 Rep. 4 2105 5, 6 Rep. 7 2107 8 2108 9 (less (c)) 3316 9(c) 46 App. 11, 12 Rep. 13, 14 46 App. 15-41 Rep. 42 46 App. 43-56 Rep. 57 46 App. 58 Rep. 59 46 App. 60-63 Rep. 65(1) 2101(10) 65(2) 2101(11) 65(3) 2101(34) 65a 12113 65b 12102 65c 12114 65d 12115 65e 12103 65f 12116 65g 12104 65h 12105 65i 12106 65j 12107 65k 12108 65l 12109 65m 12110 65n 12122 65o 12111 65p 12112 65q 12117 65r 12118 65s 12119 65t 12120 65u 2107, 12122(a) 65v(1) 2104 65v(2) 12121 65w 12101 71 12102, 14102, 14104, 14501, 14502, 14504, 14511, 14521, 14522 72 14503 73, 74 Rep. 75 14512 76 Rep. 77 14502, 14512 78, 79 Rep. 80 (See former 660-1) 81 14306 82 3101 83 14502, 14513 83a-83g 14513 83h 14102 83i 14702 83j 14701 83k 2107 85-85g Rep. 86 5114, 5115 86a 5101 86b 5102 86c 5102, 5103, 5104, 5106 86d 5107 86e 5108 86f 5109 86g 5112 86h 5113 86i 5116 88 5102 88a 5104, 5108 88b 5103, 5107 88c 5112 88d 5109 88e 5112 88f 5113 88g 5116 88h, 88i Rep. 91 46 App. 91a-96 Rep. 97, 98 46 App. 99 Rep. 100 46 App. 101, 102 Rep. 103 Rep. 104 46 App. 105-110 Rep. 111 46 App. 112, 113 Rep. 121-125 46 App. 126, 127 Rep. 128, 129 46 App. 130, 131 Rep. 132-135 46 App. 141-146 46 App. 151-162 Rep. 163 46 App. 170 3306(a)(5), Rep. in part 170(14) 2106 170a, 170b Rep. 171-175 Rep. 178, 179 Rep. 181-183 46 App. 183a Rep. 183b-196 46 App. 201 11301 202 11302 203 11303 211 8501(a) 212 8501(b) 213 8501(c), (e) 214 7101 214(c) 7106 215 8501(d), 8502 216(a) 9301(2) 216(b) 2101(34) 216(c) 9301(3) 216(d) 9301(1) 216(e), (f) Rep. 216a 9302(a), (b), (d) 216b(a)-(c) 9303 216b(d) 9305 216b(e) 9304 216c 9303 216d 9305 216e(a)-(c) 9308 216e(d) 2107 216e(e) 2106 216f 9302(c) 216g 9306 216h 9307 216i Rep. 221 8103 222 8101 223 8301 224 7101, 8101 224a 8303, 8304 224a(2) 7111 225 7106, 7109, 7113 226 7101, 7106, 7703 227 Rep. 228 7101, 7106, 7703 229 7101, 7106, 7703 229a 7101, 7103 229b 7101, 7103 229c 7106, 7108, 7318 229d Rep. 229e 7105 229f 7110 229g 7103, 7318 229h Rep. 230 7112 231 7105 232 7110 233 7109 234 3315 235 8104 236 8103 237, 238 Rep. 239 6101, 6301, 7703 239(d) 6303 239(e) 6304, 7705 239(f) 6304 239(g) 6305, 7701 239(i) 6306 239(j) 6301, 6307 239(k) 6305 239a(a) 7503(a), 7704(a) 239a(b) 2101(34) 239a(c) 7302 239b(a) 7503(b) 239b(b) 7704(b), (c) 240 7703 241 8304 242 7101, 7102, 8302(a)-(d) 243 7101, 7104, 7107, 7108 244 7101, 7105 245 8302(g), (h) 246(a) 8302(a)-(d) 246(b) Rep. 246(c) 7703 247 7101 248 8302 249-249c Rep. 251-251b 46 App. 252-261 Rep. 262 46 App. 263-276 Rep. 277 46 App. 278-288 Rep. 289-292 46 App. 293-293b Rep. 294-315 Rep. 316 46 App. 317, 318 Rep. 319-324 46 App. 325 Rep. 326-328 46 App. 329, 330 Rep. 331 2110 332-335 Rep. 336 46 App. 351-353 Rep. 354, 355 46 App. 361 2101(16), (37) 362 2109, 3301(9), 3314 362(a) 3303 362(b) 3504 362(c) 3505 363 2109 364 8502 365 Rep. 366 3306 367 2101(16), (33), 2303, 3301(7), 3302 369 3305, 3306, 3316 369(b) 3503 369(e) 3318 371 Rep. 372 2103 373-374a Rep. 375 3306 376-382a-1 Rep. 382b 2104, 2111, 2112 382b-1 3317(b) 382c-385 Rep. 390 3302, 3304 390(a) 2101(21)(B) 390(b) 2101(35) 390(d) 2101(34) 390(e) 2101(13) 390(f) 2101(27) 390(g) 2101(30) 390(h) 2101(28) 390(i) 2101(29) 390a 3301(4), (5), (8), 3305 390a(a) 3307(2) 390a(b) 3317(a), 7114 390b 3306, 8901, 8902 390c 3303(a), 3309, 3311 390c(b), (c) 3313 390d 2106, 3318(a), 8906 390e-390g Rep. 391 3301(1), (4), (9), 3304, 3305 391(b) 3307(3) 391(c) 2101(22), 3307(1) 391(e) 3302 391a 3301(10), 3702, 8502 391a(2)(A) 2101(9) 391a(2)(B) 2101(12) 391a(2)(C) 2101(14) 391a(2)(D) 2101(15) 391a(2)(E) 2101(20) 391a(2)(F) 3701(4) 391a(2)(G) 2101(24) 391a(2)(H) 2101(5) 391a(2)(I) 2101(34) 391a(2)(J) 3701(5) 391a(2)(K) 3701(6) 391a(2)(L) 2101(46) 391a(2)(M) 2101(38) 391a(2)(N) 2101(8) 391a(2)(O) 2101(23) 391a(2)(P) 3701(2) 391a(2)(Q) 3701(3) 391a(2)(R) 3701(1) 391a(2)(S) 2101(7) 391a(3) 2101(39), 2301, 3303, 3702(a) 391a(4) 2109 391a(4)(B) 8703(c) 391a(5) 3702 391a(6) 3703 391a(7) 3704-3709 391a(8) 3309, 3313 391a(8)(A) 3710, 3712 391a(8)(B) 3711, 3712 391a(8)(C) 3711 391a(8)(D) 3710 391a(8)(E) 3710, 3711 391a(9) 9102 391a(10)(A) 8703(a) 391a(10)(B) 9101(b) 391a(10)(C) 7317, 8703(b) 391a(10)(D) Rep. See 7701 et seq. 391a(11) 9101(a) 391a(12) 3703 391a(13) 3713 391a(14) 2107, 3718 391a(14)(C) 2106 391a(15) 3714 391a(16) 3717 391a(17) 3715 391a(18) 3716 391b Rep. 392 3304-3306 392(b) 3307(3) 393, 394 Rep. 395 3301(6), 3305, 3311 395(d) 3309 395(e) 2101(32) 396, 397 Rep. 398 3318 399 3309, 3311, 3314 400 3312 401, 402 Rep. 403 3318 404 2101(13), (16), (17), 3301(1), 3302, 3306, 3307 404-1 3301(3), 3305, 3501 404-1(1) 2101(19) 404-1(4) 2101(21)(C) 404-1(6) 3307(2), (3) 404-1(8) 8301 404a Rep. 405 2101(40), 3301(9), 3305 405(b) 8104 405(b)(1)(A) 2101(34) 405(b)(2) 8904 405(b)(3) 8905(b) 406 3305 407 3305, 3318 408 3305, 3306, 3318 409 Rep. 410 3318 411, 412 3306 413 3318 414 3310, 7502 415 Rep. 416 2104, 3306 417 (See former 416) 418, 419 Rep. 420 3302, 3306 431-434 Rep. 435 3308, 3313 436 2106, 3318 437-440 Rep. 441 46 App. 441(1) 2101(18) 441(2) 2101(31) 442 3302 443 46 App. 444 8701 444 46 App. 445 2113, 3306 446-446c 46 App. 446d 8101 451 3501 452 3501(b), (c) 453 2113 454-457 T. 33 Secs. 1233-1236 458 Rep. 459 3306 460, 460a, 461 3502 462 2106, 3501, 3502 463, 463a, 464 Rep. 465 (See former 170) 466 Rep. 466a 3901 466b 3902 467-469 Rep. 470, 471 8102 472 Rep. 473 3306 474-476 Rep. 477-479 3306 480 2301 481 2106, 3306 481(a) 2101(34) 481(c) 2106 481(d) 3318 482, 483 3306 484-488 Rep. 489 3306 490 Rep. 491 46 App. 492 3506 493-496 Rep. 497 2106, 3318, 8502 498 Rep. 511-522 Rep. 526 2101(43) 526a-526d Rep. 526e 4102(b) 526f Rep. 526g 4102(a) 526h 4103 526i 4102(c) 526j 4102(d) 526k-526n Rep. 526o 2106, 2107, 4106 526p 2107, 3306, 4104 526q-526t Rep. 526u 4101 527-527h Rep. 531 10601 532 Rep. See 11501 533, 534 10602 541-542a Rep. 543 2104 544, 545 Rep. 546 10102 547-549 Rep. 561, 562 Rep. 563 11110 564 10301, 10302 565 10305 566 10301 567, 568 10321 569 10309 570 10308 571 10321 572, 573 Rep. 574 10301, 10501, 10502 575 10508 576 10509 577 10307 578 11107 579 Rep. 591 10313(a) 592 10313(b) 593 10313(b) 594 10313(c) 595 10313(d) 596 10313(e)-(i), 10504 597 2101(12), 10313(e)-(i), 10504 598 10313(e), 10504(a), (d), 10505(d) 599 2101(12), 10314, 10315, 10505, 10506 599(g) 10316 600 10317 601 11108, 11109 602 11111 603-608, 611 Rep. 621 10701, 10702 622 10703 623 10711 624 10704, 10705 625 10706 626 10707 627 10709 628 10708, 10710 641, 642 10310 643 8701, 8702, 10102(c), 10311, 10503 643(a) 7302, 7303, 7318 643(b) 7304 643(c) 7302, 10306 643(e) 10311 643(f) 7319, 7502 643(h) 7501 643(l) 7316, 10103 643a 8701 643b Rep. 644 10312(a), (b), (d)-(f) 645, 646, 651 Rep. 652 10312(c) 653 10901, 10902(a), 10907 654 10901, 10903(a), (b) 655 10901, 10904 656 10901, 10905 657 10905 658 10901, 10906, 10908 659 10903(c) 660 10903(d) 660-1 11101 660a 3305, 3308 660b 3308 661 10321 662 10902(b) 663 Rep. 664 10907 665 10321, 11106(b)-(d) 666 11102(a) 667 11102(b) 668, 669 Rep. 670, 671 11103 672 8701, 8702 672(a) 2101(34) 672(b) 7306 672(b)(1) 7307 672(b)(2) 7308 672(b)(3) 7309, 7310 672(b)(4) 7311 672(c) 7301, 7315 672(d) 8702(d) 672(e) 8702(b), (c) 672(f) 7312 672(g) 7313, 7314 672(h) 8103 672(i) 7302 672(j) 2106, 8702(e) 672-1, 672-2 Rep. 672a 8103 672b, 672b-1, 672c Rep. 673 8104 674-677 Rep. 678 11104(a) 679 11104(b)-(d) 680, 681 Rep. 682 10318, 10507 683 10318, 10507 684 11105 685 11106(a) 686, 687 Rep. 688 46 App. 689 2103, 2104 690 8103 691 Sec. 2(f) of Pub. L. 98-89 692 Rep. 701 11501 702 11502 703 11503 704 T. 18 Sec. 2196 705 11504 706 11505 707 10319 708 T. 18 Sec. 2279 709 Rep. 710 11506 710a Rep. 710b (See former 239a) 710c (See former 239b) 711 Rep. 712 11507 713 10101, 10303, 10304 721-727 46 App. 728 2304 729-731 46 App. 732-735 Rep. 738, 738a 46 App. 738b Rep. 738c 46 App. 738d Rep. 740-752 46 App. 761, 762 46 App. 763 Rep. 763a-768 46 App. 781-790 46 App. 791-799 Rep. 801-803 46 App. 804 Rep. 804a 46 App. 805-807 Rep. 808 46 App. 808(4th par.) 31328 809-810a Rep. 811 46 App. 812-817c Rep. 817d, 817e 46 App. 818-832 Rep. 833 46 App. 833a Rep. 834-837 46 App. 838 31306 839 46 App. 840-841c Rep. 842 46 App. 843-848 Rep. 861 46 App. 862-864 Rep. 864, 864b 46 App. 865-869 46 App. 870-870d Rep. 871, 872 46 App. 873, 874 Rep. 875-877 46 App. 878-880 Rep. 881 3305, 3316, 12119 882 3304 883-885 46 App. 886 Rep. 887-889 46 App. 891 46 App. 891a Rep. 891b, 891c 46 App. 891d-891r Rep. 891s, 891t Rep. 891u-891x 46 App. 891y Rep. 911(1), (2) 30101(1) 911(3) Rep. 911(4) 30101(1) 911(5) 31301(3) 921 31321(a)(1), (e) 922(a), (b) 31322(a)(1) 922(b) 31301(6)(A) 922(c), (d) Rep. 922(e), (f) 31322(c) 923 31324 924 31323(a), (b) 925 31343 925(b) 31321(f), (h) 926(a), (b) 31321(b) 926(c) Rep. 926(d) 31322(b) 927 31302(1), (2) 941(a) Rep. 941(b) (1st sentence) 31330(a), (c) 941(b) (last sentence) 31323(c) 941(c) 31304 951 (1st par.) 31325(a), (b)(1), (c), (d) 951 (2d par. less proviso) 31301(6)(B) 951 (2d par. proviso) 31326(b)(2) 952 (1st, 2d sentences) 31325(e) 952 (last sentence) 31308 953(a) 31301(5) 953(b) 31326(a), (b)(1) 954(a) 31325(b)(2) 954(b) 31303 961(a) Rep. 961(b) 31327 961(c) 31326(a) 961(d), (e) 31328 961(f) 31329 971 31342 972 31341 973 31341(a) 974 31305 975 31307 981-984 Rep. 1011 Rep. 1012 31321(a)(2) 1013, 1014 Rep. 1101 46 App. 1111-1111a 46 App. 1111b, 1111c Rep. 1112 46 App. 1113 Rep. 1114-1119 46 App. 1119a, 1119b Rep. 1120-1125a 46 App. 1126 Rep. 1126-1 46 App. 1126a, 1126a-1 Rep. 1126b, 1126b-1 Rep. 1126c, 1126d Rep. 1127-1128h Rep. 1131 46 App. 1132 8103 1132(a) 7102 1132(g) 8302 1141-1144 Rep. 1145 Rep. 1151-1155 46 App. 1155a Rep. 1156-1161 46 App. 1171-1181 46 App. 1182 Rep. 1183-1185 46 App. 1191-1205 46 App. 1206 Rep. 1211-1213 46 App. 1214 Rep. 1221 Rep. 1222, 1223 46 App. 1224, 1225 Rep. 1226-1228 46 App. 1241-1242 46 App. 1242-1 Rep. 1242a 46 App. 1243 Rep. 1244, 1245 46 App. 1246 Rep. 1247, 1248 46 App. 1251-1262 Rep. 1271-1275 46 App. 1276-1279 Rep. 1279a 46 App. 1279b Rep. 1279c-1295e 46 App. 1295f(a), (b) 46 App. 1295f(c) 2101(17), 3301(2), 3306, 3307(1) 1295f(d)(1) 46 App. 1295f(d)(2), (3) 3318(g) 1295g(a)-(d) 46 App. 1295g(e)(1) 2101(17) 1295g(e)(2)-(5) Rep. 1300-1315 46 App. 1331-1341 Rep. 1351-1364 Rep. 1381-1388 Rep. 1401-1413 Rep. 1451 Rep. 1452(1)(A), (B) 2101(25) 1452(1)(C) 2101(42) 1452(2) 2101(45) 1452(3) 2101(41) 1452(5) 2101(21)(D) 1452(7) 2101(26) 1452(8) 2101(1) 1452(9) 2101(34) 1452(10) 2102(2) 1452(11) 2102(1) 1452(12) 2102(4) 1452(13) 2102(5) 1452(14) 2102(3) 1453 4105, 4301 1454, 1455 4302 1456 4302(a)(3) 1457 4303 1458 4305 1459 4306 1460 4304, 4306 1461(a) 4307(a) 1461(b) 4311(f) 1461(c) 4307(b) 1461(d) 2302(a), (b) 1461(e) 8903 1461(f) 8903, 8905(a) 1462 4308 1463 4309 1464 4310 1464(g) 4302 1465 2303 1466 12301 1467 12302 1468 12303 1469 12304 1470 12305 1471 12306 1472 12307 1473 12308 1474 13101 1475 13102 1476 13103 1477 13104 1478 13105 1479 13106 1479a 13107 1480 13108 1481 13109 1482 13110 1483 2302(b), 4311(a), 12309(a) 1484(a) 4311(b) 1484(b) 2106, 2302(a), (c), 4311(c), 12309(b) 1484(c) 2107 1484(d) 4311(d), 12309(c) 1485 2305, 4311(e) 1486 6101, 6102 1487 Rep. 1488 4302 1489 4311(g) 1501-1507 46 App. 1508 Rep. 1601-1605 46 App. 1606 Rep. 1607-1610 46 App. 1707a Rep. 1717 Rep. 1720 Rep. 1721 Rep. -------------------------------------------------------------------- ENACTING CLAUSES Pub. L. 100-710, title I, Sec. 102(a), Nov. 23, 1988, 102 Stat. 4738, provided that: "Certain general and permanent laws of the United States, related to definitions and maritime commercial instruments and liens, are revised, consolidated, and enacted by paragraph (3) of this subsection [probably means subsection (c) of this section] as subtitle III of title 46, United States Code, 'Shipping'." Section 1 of Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 500, provided in part that: "Certain general and permanent laws of the United States, related to vessels and seamen, are revised, consolidated, and enacted as title 46, United States Code, 'Shipping' ". CONSTRUCTION Section 105 of Pub. L. 100-710, title I, Nov. 23, 1988, 102 Stat. 4751, provided that: "(a) A reference to a law replaced by section 102 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision of this Act. "(b) An order, rule, or regulation in effect under a law replaced by section 102 of this Act continues in effect under the corresponding provision of this Act until repealed, amended, or superseded. "(c) An action taken or an offense committed under a law replaced by section 102 of this Act is deemed to have been taken or committed under the corresponding provision of this Act. "(d) An inference of legislative construction is not to be drawn by reason of the caption or catch line of a provision enacted by section 102 of this Act. "(e) If a provision of this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision of this Act is held invalid in any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications." Section 5103(a)-(f) of Pub. L. 99-509, title V, subtitle B, Oct. 21, 1986, 100 Stat. 1927, provided that: "(a) Laws effective after January 1, 1986, that are inconsistent with this subtitle supersede this subtitle to the extent of the inconsistency. "(b) A reference to a law replaced by this subtitle, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision of this subtitle. "(c) An order, rule, or regulation in effect under a law replaced by this subtitle continues in effect under the corresponding provision of this subtitle until repealed, amended, or superseded. "(d) An action taken or an offense committed under a law replaced by this subtitle is deemed to have been taken or committed under the corresponding provision of this subtitle. "(e) An inference of legislative construction is not to be drawn by reason of the caption or catch line of a provision enacted by this subtitle. "(f) If a provision enacted by this subtitle is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision of this subtitle is held invalid in one or more of its applications, the provision remains in effect in all valid applications that are severable from the invalid application or applications." Section 2(a)-(f) of Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 598, provided that: "(a) Laws effective after December 31, 1982, that are inconsistent with this Act supersede this Act to the extent of the inconsistency. "(b) A reference to a law replaced by this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision of this Act. "(c) An order, rule, or regulation in effect under a law replaced by this Act continues in effect under the corresponding provision of this Act until repealed, amended, or superseded. "(d) An action taken or an offense committed under a law replaced by this Act is deemed to have been taken or committed under the corresponding provision of this Act. "(e) An inference of legislative construction is not to be drawn by reason of the caption or catch line of a provision enacted by this Act. "(f) If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision of this Act is held invalid in one or more of its applications, the provision remains in effect in all valid applications that are severable from the invalid application or applications." CODIFICATION OF SHIPPING AND MARITIME LAWS BY FEDERAL MARITIME COMMISSION AND SECRETARY OF TRANSPORTATION Section 2(j) of Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 599, provided that: "Within 2 years after the date of enactment of this Act [Aug. 26, 1983], the Federal Maritime Commission and the Secretary of Transportation each shall submit to Congress a proposed codification of the laws within their respective jurisdictions related to shipping and maritime matters." REPEALS AND SAVINGS PROVISIONS Section 106(a) of Pub. L. 100-710, title I, Nov. 23, 1988, 102 Stat. 4752, provided that: "The repeal of a law by this title may not be construed as a legislative implication that the provision was or was not in effect before its repeal." Section 106(b) of Pub. L. 100-710, title I, Nov. 23, 1988, 102 Stat. 4752, repealed specified laws relating to shipping, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before the effective date of this title, which is Jan. 1, 1989, with certain exceptions and qualifications, see section 107 of Pub. L. 100-710, set out as a note under section 30101 of this title. Section 5104(a) of Pub. L. 99-509, title V, subtitle B, Oct. 21, 1986, 100 Stat. 1928, provided that: "The repeal of a law by this subtitle may not be construed as a legislative implication that the provision was or was not in effect before its repeal." Section 5104(b) of Pub. L. 99-509, title V, subtitle B, Oct. 21, 1986, 100 Stat. 1928, repealed specified laws relating to shipping, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Oct. 21, 1986. Section 4(a) of Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 599, provided that: "The repeal of a law by this Act may not be construed as a legislative implication that the provision was or was not in effect before its repeal." Section 4(b) of Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 599, repealed specified laws relating to shipping, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Aug. 26, 1983, and except as provided by section 2 of Pub. L. 98-89, set out as notes above and notes under sections 3101, 3302, 3715, and 6301 of this title. -End- -CITE- 46 USC [Subtitle I - General] 01/02/2006 -EXPCITE- TITLE 46 - SHIPPING [Subtitle I - General] -HEAD- [Subtitle I - General] -MISC1- [NO PRESENT SECTIONS] -End- -CITE- 46 USC Subtitle II - Vessels and Seamen 01/02/2006 -EXPCITE- TITLE 46 - SHIPPING Subtitle II - Vessels and Seamen -HEAD- Subtitle II - Vessels and Seamen -MISC1- PART A - GENERAL PROVISIONS Chap. Sec. 21. General 2101 23. Operation of vessels generally 2301 PART B - INSPECTION AND REGULATION OF VESSELS 31. General 3101 32. Management of vessels 3201 33. Inspection generally 3301 35. Carriage of passengers 3501 37. Carriage of liquid bulk dangerous cargoes 3701 39. Carriage of animals (!1) 3901 41. Uninspected vessels generally 4101 43. Recreational vessels 4301 45. Fish processing vessels (!2) 4501 47. Abandonment of barges 4701 PART C - LOAD LINES OF VESSELS 51. Load lines 5101 PART D - MARINE CASUALTIES 61. Reporting marine casualties 6101 63. Investigating marine casualties 6301 PART E - MERCHANT SEAMEN LICENSES, CERTIFICATES, AND DOCUMENTS 71. Licenses and certificates of registry 7101 73. Merchant mariners' documents 7301 75. General procedures for licensing, certification, and documentation 7501 77. Suspension and revocation 7701 PART F - MANNING OF VESSELS 81. General 8101 83. Masters and officers 8301 85. Pilots 8501 87. Unlicensed personnel 8701 89. Small vessel manning 8901 91. Tank vessel manning standards 9101 93. Great Lakes pilotage 9301 PART G - MERCHANT SEAMEN PROTECTION AND RELIEF 101. General 10101 103. Foreign and intercoastal voyages 10301 105. Coastwise voyages 10501 106. Fishing voyages 10601 107. Effects of deceased seamen 10701 109. Proceedings on unseaworthiness 10901 111. Protection and relief 11101 112. Merchant mariner benefits 11201 113. Official logbooks 11301 115. Offenses and penalties 11501 PART H - IDENTIFICATION OF VESSELS 121. Documentation of vessels 12101 123. Numbering undocumented vessels 12301 125. Vessel Identification System (!3) 12501 PART I - STATE BOATING SAFETY PROGRAMS 131. Recreational boating safety 13101 PART J - MEASUREMENT OF VESSELS 141. General 14101 143. Convention measurement 14301 145. Regulatory measurement 14501 147. Penalties 14701 AMENDMENTS 2000 - Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1087(g)(6)], Oct. 30, 2000, 114 Stat. 1654, 1654A-294, substituted "mariner benefits" for "Mariner Benefits" in item 112. 1998 - Pub. L. 105-368, title IV, Sec. 402(b), Nov. 11, 1998, 112 Stat. 3337, added item 112. 1996 - Pub. L. 104-324, title VI, Sec. 602(b), Oct. 19, 1996, 110 Stat. 3930, added item 32. 1992 - Pub. L. 102-587, title V, Sec. 5304, Nov. 4, 1992, 106 Stat. 5083, added item 47. 1988 - Pub. L. 100-710, title I, Sec. 101(b), Nov. 23, 1988, 102 Stat. 4738, added item 125. Pub. L. 100-424, Sec. 6(b), Sept. 9, 1988, 102 Stat. 1592, added item 106. 1986 - Pub. L. 99-509, title V, Sec. 5101(1), Oct. 21, 1986, 100 Stat. 1913, inserted items for parts C and J. 1985 - Pub. L. 99-36, Sec. 1(a)(9)(A), May 15, 1985, 99 Stat. 67, substituted "Merchant Seamen Licenses, Certifications, and" for "Licenses, Certificates, and Merchant Mariners' " in heading for part E. 1984 - Pub. L. 98-364, title IV, Sec. 402(7)(A), July 17, 1984, 98 Stat. 446, inserted "generally" in item 41, reenacted item 43 without change, and added item 45. -FOOTNOTE- (!1) Chapter repealed by Pub. L. 107-171 without corresponding amendment of subtitle analysis. (!2) Chapter heading amended by Pub. L. 100-424 without corresponding amendment of subtitle analysis. (!3) So in original. Only first word should be capitalized. -End- -CITE- 46 USC Part A - General Provisions 01/02/2006 -EXPCITE- TITLE 46 - SHIPPING Subtitle II - Vessels and Seamen Part A - General Provisions -HEAD- PART A - GENERAL PROVISIONS -MISC1- HISTORICAL AND REVISION NOTES Part A contains general provisions that apply throughout the subtitle and provisions that apply generally to the operation of all vessels. -End- -CITE- 46 USC CHAPTER 21 - GENERAL 01/02/2006 -EXPCITE- TITLE 46 - SHIPPING Subtitle II - Vessels and Seamen Part A - General Provisions CHAPTER 21 - GENERAL -HEAD- CHAPTER 21 - GENERAL -MISC1- Sec. 2101. General definitions. 2102. Limited definitions. 2103. Superintendence of the merchant marine. 2104. Delegation. 2105. Report. 2106. Liability in rem. 2107. Civil penalty procedures. 2108. Refund of penalties. 2109. Public vessels. 2110. Fees. 2111. Pay for overtime services. 2112. Authority to change working hours. 2113. Authority to exempt certain vessels. 2114. Protection of seamen against discrimination. 2115. Civil penalty to enforce alcohol and dangerous drug testing. HISTORICAL AND REVISION NOTES Chapter 21 contains definitions that are general in nature and applicable to all references within Subtitle II - Vessels and Seamen. The chapter provides the basic authority and responsibility for the enforcement and administration of this subtitle with appropriate delegation and reporting requirements. AMENDMENTS 1996 - Pub. L. 104-324, title III, Sec. 303(b), Oct. 19, 1996, 110 Stat. 3917, added item 2115. 1990 - Pub. L. 101-508, title X, Sec. 10401(b), Nov. 5, 1990, 104 Stat. 1388-398, substituted "Fees" for "Fees prohibited" in item 2110. 1984 - Pub. L. 98-557, Sec. 13(b), Oct. 30, 1984, 98 Stat. 2864, added item 2114. -End- -CITE- 46 USC Sec. 2101 01/02/2006 -EXPCITE- TITLE 46 - SHIPPING Subtitle II - Vessels and Seamen Part A - General Provisions CHAPTER 21 - GENERAL -HEAD- Sec. 2101. General definitions -STATUTE- In this subtitle - (1) "associated equipment" - (A) means - (i) a system, accessory, component, or appurtenance of a recreational vessel; or (ii) a marine safety article intended for use on board a recreational vessel; but (B) does not include radio equipment. (2) "barge" means a non-self-propelled vessel. (3) "Boundary Line" means a line established under section 2(b) of the Act of February 19, 1895 (33 U.S.C. 151). (3a) "citizen of the United States" means a national of the United States as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)) or an individual citizen of the Trust Territory of the Pacific Islands who is exclusively domiciled in the Northern Mariana Islands within the meaning of section 1005(e) of the Covenant to establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America (48 U.S.C. 1681 note).(!1) (4) "Coast Guard" means the organization established and continued under section 1 of title 14. (5) "commercial service" includes any type of trade or business involving the transportation of goods or individuals, except service performed by a combatant vessel. (5a) "consideration" means an economic benefit, inducement, right, or profit including pecuniary payment accruing to an individual, person, or entity, but not including a voluntary sharing of the actual expenses of the voyage, by monetary contribution or donation of fuel, food, beverage, or other supplies. (6) "consular officer" means an officer or employee of the United States Government designated under regulations to grant visas. (7) "crude oil" means a liquid hydrocarbon mixture occurring naturally in the earth, whether or not treated to render it suitable for transportation, and includes crude oil from which certain distillate fractions may have been removed, and crude oil to which certain distillate fractions may have been added. (8) "crude oil tanker" means a tanker engaged in the trade of carrying crude oil. (8a) "dangerous drug" means a narcotic drug, a controlled substance, or a controlled substance analog (as defined in section 102 of the Comprehensive Drug Abuse (!2) and Control Act of 1970 (21 U.S.C. 802)). (9) "discharge", when referring to a substance discharged from a vessel, includes spilling, leaking, pumping, pouring, emitting, emptying, or dumping, however caused. (10) "documented vessel" means a vessel for which a certificate of documentation has been issued under chapter 121 of this title. (10a) "Exclusive Economic Zone" means the zone established by Presidential Proclamation Numbered 5030, dated March 10, 1983. (11) "fish" means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life, except marine mammals and birds. (11a) "fishing vessel" means a vessel that commercially engages in the catching, taking, or harvesting of fish or an activity that can reasonably be expected to result in the catching, taking, or harvesting of fish. (11b) "fish processing vessel" means a vessel that commercially prepares fish or fish products other than by gutting, decapitating, gilling, skinning, shucking, icing, freezing, or brine chilling. (11c) "fish tender vessel" means a vessel that commercially supplies, stores, refrigerates, or transports fish, fish products, or materials directly related to fishing or the preparation of fish to or from a fishing, fish processing, or fish tender vessel or a fish processing facility. (12) "foreign vessel" means a vessel of foreign registry or operated under the authority of a country except the United States. (13) "freight vessel" means a motor vessel of more than 15 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title that carries freight for hire, except an oceanographic research vessel or an offshore supply vessel. (13a) "Great Lakes barge" means a non-self-propelled vessel of at least 3,500 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title operating on the Great Lakes. (14) "hazardous material" means a liquid material or substance that is - (A) flammable or combustible; (B) designated a hazardous substance under section 311(b) of the Federal Water Pollution Control Act (33 U.S.C. 1321); or (C) designated a hazardous material under section 5103(a) of title 49; (14a) "major conversion" means a conversion of a vessel that - (A) substantially changes the dimensions or carrying capacity of the vessel; (B) changes the type of the vessel; (C) substantially prolongs the life of the vessel; or (D) otherwise so changes the vessel that it is essentially a new vessel, as decided by the Secretary. (15) "marine environment" means - (A) the navigable waters of the United States and the land and resources in and under those waters; (B) the waters and fishery resources of an area over which the United States asserts exclusive fishery management authority; (C) the seabed and subsoil of the outer Continental Shelf of the United States, the resources of the Shelf, and the waters superjacent to the Shelf; and (D) the recreational, economic, and scenic values of the waters and resources referred to in subclauses (A)-(C) of this clause. (15a) "mobile offshore drilling unit" means a vessel capable of engaging in drilling operations for the exploration or exploitation of subsea resources. (16) "motor vessel" means a vessel propelled by machinery other than steam. (17) "nautical school vessel" means a vessel operated by or in connection with a nautical school or an educational institution under section 558 of title 40. (17a) "navigable waters of the United States" includes all waters of the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988. (17b) "numbered vessel" means a vessel for which a number has been issued under chapter 123 of this title. (18) "oceanographic research vessel" means a vessel that the Secretary finds is being employed only in instruction in oceanography or limnology, or both, or only in oceanographic or limnological research, including those studies about the sea such as seismic, gravity meter, and magnetic exploration and other marine geophysical or geological surveys, atmospheric research, and biological research. (19) "offshore supply vessel" means a motor vessel of more than 15 gross tons but less than 500 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title that regularly carries goods, supplies, individuals in addition to the crew, or equipment in support of exploration, exploitation, or production of offshore mineral or energy resources. (20) "oil" includes oil of any type or in any form, including petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes except dredged spoil. (20a) "oil spill response vessel" means a vessel that is designated in its certificate of inspection as such a vessel, or that is adapted to respond to a discharge of oil or a hazardous material. (20b) "overall in length" means - (A) for a foreign vessel or a vessel engaged on a foreign voyage, the greater of - (i) 96 percent of the length on a waterline at 85 percent of the least molded depth measured from the top of the keel (or on a vessel designed with a rake of keel, on a waterline parallel to the designed waterline); or (ii) the length from the fore side of the stem to the axis of the rudder stock on that waterline; and (B) for any other vessel, the horizontal distance of the hull between the foremost part of the stem and the aftermost part of the stern, excluding fittings and attachments. (21) "passenger" - (A) means an individual carried on the vessel except - (i) the owner or an individual representative of the owner or, in the case of a vessel under charter, an individual charterer or individual representative of the charterer; (ii) the master; or (iii) a member of the crew engaged in the business of the vessel who has not contributed consideration for carriage and who is paid for on board services; (B) on an offshore supply vessel, means an individual carried on the vessel except - (i) an individual included in clause (i), (ii), or (iii) of subparagraph (A) of this paragraph; (ii) an employee of the owner, or of a subcontractor to the owner, engaged in the business of the owner; (iii) an employee of the charterer, or of a subcontractor to the charterer, engaged in the business of the charterer; or (iv) an individual employed in a phase of exploration, exploitation, or production of offshore mineral or energy resources served by the vessel; (C) on a fishing vessel, fish processing vessel, or fish tender vessel, means an individual carried on the vessel except - (i) an individual included in clause (i), (ii), or (iii) of subparagraph (A) of this paragraph; (ii) a managing operator; (iii) an employee of the owner, or of a subcontractor to the owner, engaged in the business of the owner; (iv) an employee of the charterer, or of a subcontractor to the charterer, engaged in the business of the charterer; or (v) an observer or sea sampler on board the vessel pursuant to a requirement of State or Federal law; or (D) on a sailing school vessel, means an individual carried on the vessel except - (i) an individual included in clause (i), (ii), or (iii) of subparagraph (A) of this paragraph; (ii) an employee of the owner of the vessel engaged in the business of the owner, except when the vessel is operating under a demise charter; (iii) an employee of the demise charterer of the vessel engaged in the business of the demise charterer; or (iv) a sailing school instructor or sailing school student. (21a) "passenger for hire" means a passenger for whom consideration is contributed as a condition of carriage on the vessel, whether directly or indirectly flowing to the owner, charterer, operator, agent, or any other person having an interest in the vessel. (22) "passenger vessel" means a vessel of at least 100 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title - (A) carrying more than 12 passengers, including at least one passenger for hire; (B) that is chartered and carrying more than 12 passengers; or (C) that is a submersible vessel carrying at least one passenger for hire. (23) "product carrier" means a tanker engaged in the trade of carrying oil except crude oil. (24) "public vessel" means a vessel that - (A) is owned, or demise chartered, and operated by the United States Government or a government of a foreign country; and (B) is not engaged in commercial service. (25) "recreational vessel" means a vessel - (A) being manufactured or operated primarily for pleasure; or (B) leased, rented, or chartered to another for the latter's pleasure. (26) "recreational vessel manufacturer" means a person engaged in the manufacturing, construction, assembly, or importation of recreational vessels, components, or associated equipment. (27) "sailing instruction" means teaching, research, and practical experience in operating vessels propelled primarily by sail and may include - (A) any subject related to that operation and to the sea, including seamanship, navigation, oceanography, other nautical and marine sciences, and maritime history and literature; and (B) only when in conjunction with a subject referred to in subclause (A) of this clause, instruction in mathematics and language arts skills to sailing school students having learning disabilities. (28) "sailing school instructor" means an individual who is on board a sailing school vessel to provide sailing instruction, but does not include an operator or crewmember who is among those required to be on board the vessel to meet a requirement established under part F of this subtitle. (29) "sailing school student" means an individual who is on board a sailing school vessel to receive sailing instruction. (30) "sailing school vessel" means a vessel - (A) that is less than 500 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title; (B) carrying more than 6 individuals who are sailing school instructors or sailing school students; (C) principally equipped for propulsion by sail, even if the vessel has an auxiliary means of propulsion; and (D) owned or demise chartered, and operated by an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and exempt from tax under section 501(a) of that Code, or by a State or political subdivision of a State, during times that the vessel is operated by the organization, State, or political subdivision only for sailing instruction. (31) "scientific personnel" means individuals on board an oceanographic research vessel only to engage in scientific research, or to instruct or receive instruction in oceanography or limnology. (32) "seagoing barge" means a non-self-propelled vessel of at least 100 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title making voyages beyond the Boundary Line. (33) "seagoing motor vessel" means a motor vessel of at least 300 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title making voyages beyond the Boundary Line. (34) "Secretary", except in part H, means the head of the department in which the Coast Guard is operating. (35) "small passenger vessel" means a wing-in-ground craft, regardless of tonnage, carrying at least one passenger for hire, and a vessel of less than 100 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title - (A) carrying more than 6 passengers, including at least one passenger for hire; (B) that is chartered with the crew provided or specified by the owner or the owner's representative and carrying more than 6 passengers; (C) that is chartered with no crew provided or specified by the owner or the owner's representative and carrying more than 12 passengers; or (D) that is a submersible vessel carrying at least one passenger for hire. (36) "State" means a State of the United States, Guam, Puerto Rico, the Virgin Islands, American Samoa, the District of Columbia, the Northern Mariana Islands, and any other territory or possession of the United States. (37) "steam vessel" means a vessel propelled in whole or in part by steam, except a recreational vessel of not more than 40 feet in length. (37a) "submersible vessel" means a vessel that is capable of operating below the surface of the water. (38) "tanker" means a self-propelled tank vessel constructed or adapted primarily to carry oil or hazardous material in bulk in the cargo spaces. (39) "tank vessel" means a vessel that is constructed or adapted to carry, or that carries, oil or hazardous material in bulk as cargo or cargo residue, and that - (A) is a vessel of the United States; (B) operates on the navigable waters of the United States; or (C) transfers oil or hazardous material in a port or place subject to the jurisdiction of the United States. (40) "towing vessel" means a commercial vessel engaged in or intending to engage in the service of pulling, pushing, or hauling along side, or any combination of pulling, pushing, or hauling along side. (41) "undocumented" means not having and not required to have a document issued under chapter 121 of this title. (42) "uninspected passenger vessel" means an uninspected vessel - (A) of at least 100 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title - (i) carrying not more than 12 passengers, including at least one passenger for hire; or (ii) that is chartered with the crew provided or specified by the owner or the owner's representative and carrying not more than 12 passengers; and (B) of less than 100 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title - (i) carrying not more than 6 passengers, including at least one passenger for hire; or (ii) that is chartered with the crew provided or specified by the owner or the owner's representative and carrying not more than 6 passengers. (43) "uninspected vessel" means a vessel not subject to inspection under section 3301 of this title that is not a recreational vessel. (44) "United States", when used in a geographic sense, means the States of the United States, Guam, Puerto Rico, the Virgin Islands, American Samoa, the District of Columbia, the Northern Mariana Islands, and any other territory or possession of the United States. (45) "vessel" has the same meaning given that term in section 3 of title 1. (46) "vessel of the United States" means a vessel documented or numbered under the laws of the United States or titled under the law of a State. (47) "vessel of war" means a vessel - (A) belonging to the armed forces of a country; (B) bearing the external marks distinguishing vessels of war of that country; (C) under the command of an officer commissioned by the government of that country and whose name appears in the appropriate service list or its equivalent; and (D) staffed by a crew under regular armed forces discipline. (48) "wing-in-ground craft" means a vessel that is capable of operating completely above the surface of the water on a dynamic air cushion created by aerodynamic lift due to the ground effect between the vessel and the water's surface. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 501; Pub. L. 98-364, title IV, Sec. 402(1), July 17, 1984, 98 Stat. 445; Pub. L. 98-454, title III, Sec. 301(a), Oct. 5, 1984, 98 Stat. 1734; Pub. L. 98-557, Sec. 34(a), Oct. 30, 1984, 98 Stat. 2876; Pub. L. 99-307, Sec. 1(1), (2), May 19, 1986, 100 Stat. 444; Pub. L. 99-509, title V, Sec. 5102(b)(1), Oct. 21, 1986, 100 Stat. 1926; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 99-640, Secs. 10(b)(1), 11(a), 13(d), Nov. 10, 1986, 100 Stat. 3549-3551; Pub. L. 100-239, Sec. 6(a)(1), Jan. 11, 1988, 101 Stat. 1781; Pub. L. 100-424, Sec. 8(c)(1), Sept. 9, 1988, 102 Stat. 1593; Pub. L. 100-710, title I, Sec. 104(a)(1), (2), Nov. 23, 1988, 102 Stat. 4749; Pub. L. 101- 225, title II, Sec. 209, Dec. 12, 1989, 103 Stat. 1913; Pub. L. 101-380, title IV, Sec. 4103(a)(2)(A), Aug. 18, 1990, 104 Stat. 511; Pub. L. 101-595, title VI, Sec. 603(1), Nov. 16, 1990, 104 Stat. 2993; Pub. L. 102-587, title V, Sec. 5208(a), Nov. 4, 1992, 106 Stat. 5075; Pub. L. 103-206, title V, Secs. 502-510, Dec. 20, 1993, 107 Stat. 2439-2441; Pub. L. 103-272, Sec. 5(l), July 5, 1994, 108 Stat. 1375; Pub. L. 104-324, title VII, Sec. 709, title XI, Sec. 1104(a), Oct. 19, 1996, 110 Stat. 3934, 3966; Pub. L. 105- 383, title III, Sec. 301(b)(1), Nov. 13, 1998, 112 Stat. 3417; Pub. L. 107-217, Sec. 3(m)(1), Aug. 21, 2002, 116 Stat. 1302; Pub. L. 107-295, title IV, Sec. 419, Nov. 25, 2002, 116 Stat. 2124.) -MISC1- HISTORICAL AND REVISION NOTES A number of definitions are provided because of the need to define jurisdictional and applicability limits of various sections to the many types and classes of vessels. Revised section Source section (U.S. Code) -------------------------------------------------------------------- 2101(1) 46:1452(8) 2101(2) ................ .............................. 2101(3) ................ .............................. 2101(4) 14:1 2101(5) 46:391a(2)(H) 2101(6) ................ .............................. 2101(7) 46:391a(2)(S) 2101(8) 46:391a(2)(N) 2101(9) 46:391a(2)(A) 2101(10) 46:65(1) 2101(11) 46:65(2) 2101(12) 46:391a(2)(B) 46:597 46:599 2101(13) 46:404 46:390(e) 2101(14) 46:391a(2)(C) 2101(15) 46:391a(2)(D) 2101(16) 46:361 46:367 46:404 2101(17) 46:404 46:1295f(c) 46:1295g(e)(1) 2101(18) 46:441(1) 2101(19) 46:404-1(1) 2101(20) 46:391a(2)(E) 2101(21) 46:390(a) 46:404-1(4) 46:1452(5) 2101(22) 46:391(c) 2101(23) 46:391a(2)(O) 2101(24) 46:391a(2)(G) 2101(25) 46:1452(1)(A), (B) 2101(26) 46:1452(7) 2101(27) 46:390(f) 2101(28) 46:390(h) 2101(29) 46:390(i) 2101(30) 46:390(g) 2101(31) 46:441(2) 2101(32) 46:395(e) 2101(33) 46:367 2101(34) 33:151 46:216(b) 46:239a(b) 46:390(d) 46:391a(2)(I) 46:405(b)(1)(A) 46:481(a) 46:672(a) 46:1452(9) 2101(35) 46:390(b) 2101(36) ................ .............................. 2101(37) 46:361 2101(38) 46:391a(2)(M) 2101(39) 46:391a(3) 2101(40) 46:405 2101(41) 46:1452(3) 2101(42) 46:1452(1)(C) 2101(43) 46:526 2101(44) ................ .............................. 2101(45) 1:3 46:1452(2) 2101(46) 46:391a(2)(L) -------------------------------------------------------------------- Section 2101(1) defines the type of "associated equipment" that is involved in the use of recreational boats that are subject to Federal regulatory authority. This equipment is subject to a number of controls under federally established construction and performance standards. Radio equipment is exempt from these regulatory controls, since this equipment continues to be regulated by the Federal Communications Commission. Section 2101(2) defines "barge" as a vessel that is non-self- propelled and that is often pushed ahead, towed alongside, or towed astern on a hawser by a towing vessel. It does not include a vessel that is propelled by sail only. Section 2101(3) defines "boundary line" for the establishment of jurisdictional parameters for various maritime safety laws. Public Law 96-324, codified at 33 U.S.C. 151, permits the Secretary to establish appropriate identifiable lines dividing inland waters of the U.S. from the high seas for the purpose of determining the applicability of these laws. These laws will now be included within subtitle II of title 46 - Shipping. These lines may not be located more than twelve nautical miles seaward of the baseline from which the territorial sea is measured and may differ in position for the purposes of different parts or sections of subtitle II. Section 2101(4) defines "Coast Guard". Section 2101(5) provides that wherever the term "commercial service" is used it is to include all vessels except those that are primarily used for combatant purposes. This is to make sure that vessels that are engaged in the transportation of goods or individuals are subject to the applicable maritime and environmental safety laws, even if they are sovereign controlled vessels. Section 2101(6) defines "consular officer" as one who has authority to issue visas. Traditionally this person is knowledgeable and familiar with the maritime safety and seamen's welfare laws. Section 2101(7) defines "crude oil" because certain equipment requirements like inert gas systems, segregated ballast tanks, crude oil washing systems or special ballast arrangements are applicable only to tank vessels that carry crude oil. Crude oil is still included within the definition of "hazardous material" and "oil". Section 2101(8) defines a "crude oil tanker" as one engaged in carrying crude oil. The definition does not include a tank barge since a tanker is defined as a self-propelled tank vessel. See also 2101(38). Section 2101(9) makes it clear that the term "discharge" when referring to a substance that emanates from a vessel and is related to the marine environmental laws concerning pollution by oil or hazardous substances. Section 2101(10) defines a "documented vessel" as any vessel of the United States that has been issued a certificate of documentation that might include a register, enrollment, license, or enrollment and license for various trades. Section 2101(11) lists what is included in the term "fisheries" for the purpose of documentation of vessels and is intended to be all-inclusive of the numerous types of fishing activities. Section 2101(12) defines "foreign vessel" as any foreign flag or foreign operated vessel that is operated under the jurisdiction or authority of a government other than the United States. Section 2101(13) defines a "freight vessel" as a motor vessel or any vessel propelled by diesel or other internal combustion engines and that carries freight for hire. Section 2101(14) defines "hazardous materials" as a broad range of materials that are not only flammable or combustible but are also designated under related maritime safety and environmental laws. Section 2101(15) defines "marine environment" as an all-inclusive term that was developed to cover land and water areas that could be affected by pollution from all vessels and not only tank vessels. Section 2101(16) defines "motor vessel" as a vessel propelled by machinery other than steam to make it clear that these vessels are not steam vessels. Section 2101(17) defines "nautical school vessel" as a vessel that can be a privately owned and operated as well as a publicly owned and operated school vessel. Section 2101(18) defines "oceanographic research vessel" as a vessel employed in oceanography or limnology research or instruction. It is defined because this type of vessel, while not inspected and certified as such, is subject to a number of special statutory and regulatory requirements. Section 2101(19) defines "offshore supply vessel" as a class of vessel that is limited by tonnage and its employment in the mineral and oil industry and while so employed it is not a small passenger vessel. Section 2101(20) defines "oil" to include oil of any type, in any form, or in any mixture. This is the definition that originated with marine environment and pollution laws and continues the definition that was adopted by port and tanker safety laws. Section 2101(21) defines the term "passengers" in relation to various types of vessels. Due to the complexity of existing laws with respect to the definitions of "passenger" on various categories of vessels and the need to not make any changes of a substantive nature that could be construed as controversial, four definitions of "passenger" have been included. Section 2101(22) defines "passenger vessel" as one that is at least 100 gross tons and carries at least one passenger for hire. Section 2101(23) defines "product carrier" as a tanker that is engaged in carrying oil. This definition when read with the definition of tanker means that it is a self-propelled vessel. A tank barge carrying oil products is a tank vessel but is not subject to the special standards or requirements for a product carrier. Section 2101(24) defines a "public vessel" as a governmental vessel that is not in commercial service. It should be noted that a sovereign-controlled foreign-flag vessel that is engaged in commercial service is not a public vessel and is subject to maritime safety and environment laws. Section 2101(25) defines a "recreational vessel" as a class of vessel whose primary purpose is for pleasure. These vessels while not subject to inspection are subject to certain requirements of law to improve boating safety. Section 2101(26) defines a "recreational vessel manufacturer" as one that is involved with not only the recreational vessels themselves but also with their components or associated equipment. Section 2101(27), (28), (29), and (30) provides a number of definitions that define the type of instruction, instructor, student, and vessel that is involved in the teaching of sailing. Section 2101(31) defines "scientific personnel" as individuals engaged in oceanography or limnology because they are specially treated under various maritime safety requirements. Section 2101(32) defines a "seagoing barge" as a vessel that is at least 100 gross tons making voyages to sea beyond the boundary line. Section 2101(33) defines a "seagoing motor vessel" as a vessel that must be a motor vessel, as defined in 2101(15), of at least 300 gross tons making voyages to sea beyond the boundary line. Section 2101(34) defines "Secretary" so that maritime safety and seamen's welfare jurisdiction remains within the Coast Guard at all times. Section 2101(35) defines "small passenger vessel" as one that is less than 100 gross tons carrying more than six passengers as defined in section 2101(21). Section 2101(36) defines "State" as a State, territory or possession of the United States and is used to establish jurisdictional limits for the application of the various maritime safety and environmental safety laws of this subtitle. This definition is further limited by definitions in section 2102 that relate to recreational boating safety and facility improvement programs. Section 2101(37) defines a "steam vessel" as a vessel propelled by steam. However, steam vessels of not more than 40 feet that are used exclusively for pleasure are not included. Section 2101(38) defines "tanker" as a self-propelled tank vessel that has been constructed or primarily adapted to carry oil or hazardous material in bulk in the cargo spaces. This vessel is a subclass of tank vessel, which is defined in section 2101(39). This subclass definition is necessary because certain statutory minimum requirements that are consistent with internationally accepted standards are solely applicable to these vessels. Section 2101(39) defines a "tank vessel" as a vessel carrying oil or hazardous materials in bulk or residue including a tanker as defined in section 2101(38). Section 2101(40) defines "towing vessel" as a vessel in commercial service that pushes, pulls, or tows alongside and includes what is traditionally known as a tug. Section 2101(41) defines "undocumented" which, in part, facilitates the classification of vessels that may be numbered by the proper issuing authority in a State. Section 2101(42) defines an "uninspected passenger vessel" as a vessel carrying six or less passengers. Section 2101(43) defines an "uninspected vessel" as a vessel not subject to inspection and certification by the Coast Guard under section 3301. Recreational vessels and inland towing vessels are typical uninspected vessels. Section 2101(44) defines "United States" to establish geographical boundaries for the applicability of the various maritime safety and environmental safety laws of this subtitle. This definition is further limited by definitions in section 2102 that relate to recreational boating safety and facility improvement programs. Section 2101(45) makes it clear that "vessel" as used in this subtitle has the same meaning as is provided in section 3 of title 1, of the U.S.C. Section 2101(46) defines "vessel of the United States" as a vessel that is documented or numbered under the laws of the United States. A documented vessel and those vessels that are numbered by a State or Federal authority are afforded the protection of the laws of the United States. -REFTEXT- REFERENCES IN TEXT Section 1005(e) of the Covenant to establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, referred to in par. (3a), is set out as a note under section 1801 of Title 48, Territories and Insular Possessions. Presidential Proclamation Numbered 5030, referred to in par. (10a), is set out under section 1453 of Title 16, Conservation. Presidential Proclamation No. 5928, referred to in par. (17a), is set out under section 1331 of Title 43, Public Lands. -MISC2- AMENDMENTS 2002 - Par. (17). Pub. L. 107-217 substituted "section 558 of title 40" for "section 13 of the Coast Guard Authorization Act of 1986". Par. (35). Pub. L. 107-295, Sec. 419(a), inserted "a wing-in- ground craft, regardless of tonnage, carrying at least one passenger for hire, and" after " 'small passenger vessel' means" in introductory provisions. Par. (48). Pub. L. 107-295, Sec. 419(b), added par. (48). 1998 - Pars. (17a), (17b). Pub. L. 105-383 added par. (17a) and redesignated former par. (17a) as (17b). 1996 - Par. (13). Pub. L. 104-324, Sec. 709(1), inserted "as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title" after "15 gross tons". Par. (13a). Pub. L. 104-324, Sec. 709(2), inserted "as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title" after "3,500 gross tons". Par. (19). Pub. L. 104-324, Sec. 709(3), inserted "as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title" after "500 gross tons". Par. (20a). Pub. L. 104-324, Sec. 1104(a)(2), added par. (20a). Former par. (20a) redesignated (20b). Par. (20b). Pub. L. 104-324, Sec. 1104(a)(1), redesignated par. (20a) as (20b). Par. (22). Pub. L. 104-324, Sec. 709(4), inserted "as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title" after "100 gross tons". Par. (30)(A). Pub. L. 104-324, Sec. 709(5), inserted "as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title" after "500 gross tons". Par. (32). Pub. L. 104-324, Sec. 709(6), inserted "as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title" after "100 gross tons". Par. (33). Pub. L. 104-324, Sec. 709(7), inserted "as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title" after "300 gross tons". Par. (35). Pub. L. 104-324, Sec. 709(8), inserted "as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title" after "100 gross tons". Par. (42). Pub. L. 104-324, Sec. 709(9), inserted "as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title" after "100 gross tons" in subpars. (A) and (B). 1994 - Par. (14)(C). Pub. L. 103-272 substituted "section 5103(a) of title 49" for "section 104 of the Hazardous Materials Transportation Act (49 App. U.S.C. 1803)". 1993 - Par. (5a). Pub. L. 103-206, Sec. 507, added par. (5a). Par. (19). Pub. L. 103-206, Sec. 508, inserted "individuals in addition to the crew," after "supplies," and struck out "and is not a small passenger vessel" after "resources". Par. (21). Pub. L. 103-206, Sec. 502, amended par. (21) generally, substituting subpars. (A) to (D) defining "passenger" for former subpars. (A) to (F) defining "passenger". Par. (21a). Pub. L. 103-206, Sec. 506, added par. (21a). Par. (22). Pub. L. 103-206, Sec. 503, amended par. (22) generally. Prior to amendment, par. (22) read as follows: " 'passenger vessel' means a vessel of at least 100 gross tons carrying at least one passenger for hire." Par. (30)(B). Pub. L. 103-206, Sec. 509, substituted "more than 6" for "at least 6". Par. (35). Pub. L. 103-206, Sec. 504, amended par. (35) generally. Prior to amendment, par. (35) read as follows: " 'small passenger vessel' means a vessel of less than 100 gross tons carrying more than 6 passengers (as defined in clause (21)(B) and (C) of this section)." Par. (37a). Pub. L. 103-206, Sec. 510, added par. (37a). Par. (42). Pub. L. 103-206, Sec. 505, amended par. (42) generally. Prior to amendment, par. (42) read as follows: " 'uninspected passenger vessel' means an uninspected vessel carrying not more than 6 passengers." 1992 - Par. (13a). Pub. L. 102-587 added par. (13a). 1990 - Par. (8a). Pub. L. 101-380 added par. (8a). Par. (14)(C). Pub. L. 101-595 substituted "(49 App. U.S.C. 1803)" for "(49 U.S.C. 1803)". 1989 - Par. (17a). Pub. L. 101-225 added par. (17a). 1988 - Par. (10a). Pub. L. 100-239 added par. (10a). Par. (14a). Pub. L. 100-424 added par. (14a). Par. (34). Pub. L. 100-710, Sec. 104(a)(1), inserted ", except in part H," before "means". Par. (46). Pub. L. 100-710, Sec. 104(a)(2), inserted "or titled under the law of a State" before period at end. 1986 - Par. (11b). Pub. L. 99-640, Sec. 10(b)(1), inserted "freezing,". Par. (14)(C). Pub. L. 99-307, Sec. 1(1), substituted "Materials" for "Material". Par. (15a). Pub. L. 99-640, Sec. 11(a), added par. (15a). Par. (17). Pub. L. 99-640, Sec. 13(d), inserted "or an educational institution under section 13 of the Coast Guard Authorization Act of 1986". Par. (20a). Pub. L. 99-509, Sec. 5102(b)(1)(A), added par. (20a). Par. (21)(A)(ii). Pub. L. 99-307, Sec. 1(2)(A), inserted "or other individual engaged in the business of the vessel who has not contributed consideration for carriage on board the vessel" after "crewmember". Par. (21)(B). Pub. L. 99-307, Sec. 1(2)(D), struck out "or a sailing school vessel," after "passenger vessel". Par. (21)(B)(v) to (vii). Pub. L. 99-307, Sec. 1(2)(B), added cls. (v) and (vi) and struck out former cls. (v) to (vii) which read as follows: "(v) a guest on board a vessel that is being operated only for pleasure, or a guest on board a sailing school vessel, who has not contributed consideration for carriage on board; "(vi) an individual on board a towing vessel of at least 50 gross tons who has not contributed consideration for carriage on board; or "(vii) a sailing school instructor or sailing school student." Par. (21)(F). Pub. L. 99-307, Sec. 1(2)(C), added subpar. (F). Par. (30)(D). Pub. L. 99-514 substituted "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954". Par. (47). Pub. L. 99-509, Sec. 5102(b)(1)(B), added par. (47). 1984 - Par. (3a). Pub. L. 98-454 added par. (3a). Par. (11). Pub. L. 98-364, Sec. 402(1)(A), substituted " 'fish' means finfish, mollusks, crustaceans, and all other forms of marine animal and plant lift, except marine mammals and birds" for " 'fisheries' includes planting, cultivating, catching, taking, or harvesting fish, shellfish, marine animals, pearls, shells, or marine vegetation at a place in the fishery conservation zone established by section 101 of the Magnuson Fishery Conservation and Management Act of 1976 (16 U.S.C. 1811)", which is now covered in section 12101 of this title. Pars. (11a) to (11c). Pub. L. 98-364, Sec. 402(1)(B), added pars. (11a) to (11c). Par. (21)(B). Pub. L. 98-557, Sec. 34(a)(1), inserted reference to a sailing school vessel in provisions preceding cl. (i). Par. (21)(E). Pub. L. 98-364, Sec. 402(1)(C), added subpar. (E). Par. (27). Pub. L. 98-557, Sec. 34(a)(2), designated existing provisions as subpar. (A) and added subpar. (B). EFFECTIVE DATE OF 1992 AMENDMENT Section 5208(c), (d) of Pub. L. 102-587 provided that: "(c) For Great Lakes barges placed in operation after the date of enactment of this Act [Nov. 4, 1992], the amendments made by this section [amending this section and section 3301 of this title] take effect on the date of enactment of this Act. "(d)(1) For Great Lakes barges in operation on the date of enactment of this Act, the amendments made by this section take effect one year after the date of enactment of this Act. "(2) The Secretary of Transportation may impose reasonable interim requirements to assure safe operation of the barges affected by paragraph (1)." EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-710 effective Jan. 1, 1989, with certain exceptions and qualifications, see section 107 of Pub. L. 100-710, set out as an Effective Date note under section 30101 of this title. SHORT TITLE OF 2002 AMENDMENT Pub. L. 107-295, Sec. 1(a), Nov. 25, 2002, 116 Stat. 2064, provided that: "This Act [see Tables for classification] may be cited as the 'Maritime Transportation Security Act of 2002'." Pub. L. 107-295, title II, Sec. 201, Nov. 25, 2002, 116 Stat. 2093, provided that: "This title [enacting section 1902a of Title 33, Navigation and Navigable Waters, amending sections 3302, 12111, 31325, and 31343 of this title, sections 808 and 883 of the Appendix to this title, section 5313 of Title 5, Government Organization and Employees, and section 102 of Title 49, Transportation, enacting provisions set out as notes under sections 12106 and 12111 of this title and section 102 of Title 49, and amending provisions set out as notes under section 12106 of this title] may be cited as the 'Maritime Policy Improvement Act of 2002'." SHORT TITLE OF 1998 AMENDMENT Pub. L. 105-277, div. C, title II, Sec. 201, Oct. 21, 1998, 112 Stat. 2681-616, provided that: "This title [amending sections 12102, 12122, and 31322 of this title, enacting provisions set out as notes under section 12102 of this title and section 1851 of Title 16, Conservation, amending provisions set out as a note under section 1274 of the Appendix to this title, and repealing provisions set out as a note under section 12102 of this title] may be cited as the 'American Fisheries Act'." SHORT TITLE OF 1996 AMENDMENT Section 601 of title VI of Pub. L. 104-324 provided that: "This title [enacting sections 3103 and 3201 to 3205 of this title, amending sections 3306 to 3309, 3316, and 3710 of this title, and enacting provisions set out as notes under sections 3201 and 3306 of this title] may be cited as the 'Coast Guard Regulatory Reform Act of 1996'." SHORT TITLE OF 1993 AMENDMENT Section 501 of title V of Pub. L. 103-206 provided that: "This title [amending this section and sections 2113, 3306, and 4105 of this title and enacting provisions set out as notes under this section and section 3306 of this title] may be cited as the 'Passenger Vessel Safety Act of 1993'." SHORT TITLE OF 1990 AMENDMENT Section 601 of title VI of Pub. L. 101-595 provided that: "This title [amending this section and sections 2102, 3302, 4502, 5102, 5114, 8103, 8104, 8702, 12109, 12501, 12503, 12505, and 31308 of this title, repealing sections 4104, 5115, 8105, and 14102 of this title, and enacting provisions set out as notes under sections 4502 and 7306 of this title] may be cited as the 'Aleutian Trade Act of 1990'." SHORT TITLE OF 1988 AMENDMENTS Section 1 of Pub. L. 100-424 provided that: "This Act [enacting chapter 106 and sections 4505 to 4508 and 6104 of this title, amending this section and sections 3102, 3701, 4101, 4102, 4501 to 4504, and 6103 of this title, repealing sections 531 to 534 of the Appendix to this title, and enacting provisions set out as notes under sections 4501, 4502, 4508, and 7101 of this title] may be cited as the 'Commercial Fishing Industry Vessel Safety Act of 1988'." Section 1 of Pub. L. 100-239 provided that: "This Act [enacting section 8704 of this title, amending this section, sections 8103, 8702, 12101, 12102, 12106 to 12108 of this title, sections 251 and 883 of the Appendix to this title, and section 1802 of title 16, Conservation, and enacting provisions set out as notes under sections 8103, 8704, 12102, 12105, and 12108 of this title and section 883 of the Appendix of this title] may be cited as the 'Commercial Fishing Industry Vessel Anti-Reflagging Act of 1987'." SHORT TITLE OF 1984 AMENDMENT Section 401 of title IV of Pub. L. 98-364 provided that: "This title [enacting sections 4501 to 4504, and 7311a of this title, amending this section and sections 3301, 3302, 3304, 3306, 3702, 7111, 7301, 7306, 7312, 8102, 8104, 8701, 8702, 10101, 11108, 11109, and 12101 of this title and enacting provisions set out as a note under section 3302 of this title] may be cited as the 'Commercial Fishing Industry Vessel Act'." -TRANS- 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 relating 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 Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Islands, see note set out preceding sec