46 USC App Ch. 23: Front Matter

From Title 46-AppendixCHAPTER 23-SHIPPING ACT

CHAPTER 23-SHIPPING ACT

Sec.

801.

Definitions.

802.

Corporation, partnership, or association as citizen.

(a)

Ownership of controlling interest.

(b)

Determination of controlling interest.

(c)

Determination of seventy-five per centum of interest.

803.

Applicability of chapter to receivers and trustees.

804a.

Omitted.

808.

Registration, enrollment, and licensing of vessels purchased, chartered, or leased; unlawful transactions; penalties.

(a)

Repealed.

(b)

Necessity of registration, etc., for operation; laws, regulations, and liabilities applicable.

(c)

Sale, lease, etc., to foreign persons; foreign registry or operation.

(d)

Validity of unlawful charter, sale, etc.; penalties.

(e)

Placement in foreign registry without approval of Secretary.

(e)

Approval of certain vessel transactions before documentation of vessel.

808a.

Sale, chartering, leasing, mortgaging or transferring of documented vessels without approval of Secretary.

811.

Investigations as to cost of merchant vessels.

817d.

Financial responsibility of owners and charterers for death or injury to passengers or other persons.

(a)

Amount; method of establishment.

(b)

Issuance of bond when filed with Commission.

(c)

Civil penalties for violations; remission or mitigation of penalties.

(d)

Rules and regulations.

(e)

Refusal of departure clearance.

817e.

Financial responsibility for indemnification of passengers for nonperformance of transportation.

(a)

Filing of information or bond with Commission.

(b)

Issuance of bond when filed with Commission; amount of bond.

(c)

Civil penalties for violations; remission or mitigation of penalties.

(d)

Rules and regulations.

(e)

Refusal of departure clearance.

833.

Partial invalidity of chapter as not affecting remainder.

834.

Refusal of clearance to vessel refusing to accept freight.

835.

Restrictions on transfer of shipping facilities during war or national emergency.

836.

Forfeitures.

837.

Prima facie evidence.

839.

Approvals by Secretary.

842.

Short title.

Repeals

Subtitle IV (§10101 et seq.) of Title 49, Transportation (containing the codification of part III of the Interstate Commerce Act, as added by Act Sept. 18, 1940, ch. 722, title II, §201, 54 Stat. 929 , which was classified to sections 901 to 923 of former Title 49), provides for the regulation of rates and services of water carriers by the Interstate Commerce Commission, thereby substantially superseding certain sections of this and the following chapters. In this connection section 920(a)–(d) of former Title 49 provided:

"(a) The Shipping Act of 1916, as amended [section 801 et seq. of this Appendix], and the Intercoastal Shipping Act, 1933, as amended [section 843 et seq. of this Appendix], are repealed insofar as they are inconsistent with any provision of this chapter [section 901 et seq. of former Title 49, Transportation] and insofar as they provide for the regulation of, or the making of agreements relating to, transportation of persons or property by water in commerce which is within the jurisdiction of the Commission under the provisions of this chapter; and any other provisions of law are hereby repealed insofar as they are inconsistent with any provision of this chapter.

"(b) Nothing in subsection (a) of this section shall be construed to repeal-

"(1) section 1115 of Title 46 [46 App. U.S.C. 1115], or any provision of law providing penalties for violations of said section;

"(2) the third sentence of section 844 of Title 46 [46 App. U.S.C. 844], as extended by section 845b of Title 46 [46 App. U.S.C. 845b], or any provision of law providing penalties for violations of section 844 of Title 46;

"(3) the provisions of the Shipping Act of 1916, as amended [section 801 et seq. of this Appendix], insofar as such Act provides for the regulation of persons included within the term 'other person subject to this Act', as defined in such Act;

"(4) sections 883 and 884 of Title 46 [46 App. U.S.C. 883, 884].

"(c) Nothing in subsection (a) of this section shall be construed to affect the provisions of section 814 of Title 46 [46 App. U.S.C. 814] so as to prevent any water carrier subject to the provisions of this chapter from entering into any agreement under the provisions of said section with respect to transportation not subject to the provisions of this chapter in which such carrier may be engaged.

"(d) Nothing in this chapter shall be construed to affect any law of navigation, the admiralty jurisdiction of the courts of the United States, liabilities of vessels and their owners for loss or damage, or laws respecting seamen, or any other maritime law, regulation, or custom not in conflict with the provisions of this chapter."

Chapter Referred to in Other Sections

This chapter is referred to in sections 1114, 1183, 1308, 1309, 1719 of this Appendix.