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46 U.S.C. § 12121 — Small passenger vessels and uninspected passenger vessels

submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 310 words · no verdicts yet

in plain englishAI-generated · not legal advice

Small passenger vessels carrying 12 or fewer paying passengers can get a coastwise endorsement even if not built in the US, as long as they're old enough or meet other rules. The Secretary of Transportation must first find this won't hurt US shipbuilders or US-built vessel operators. Any certificate obtained by fraud must be revoked.

(a) Definitions. (1) An "eligible vessel" is one that was built in the US, or was not built in the US but is at least 3 years old, or, if rebuilt, was rebuilt in the US or was rebuilt outside the US at least 3 years before the (b) certificate would take effect. (2) "Small passenger vessel," "uninspected passenger vessel," and "passenger for hire" mean whatever section 2101 says they mean.

(b) Issuance of certificate and endorsement. Despite sections 12112, 12113, 12132, 55102, and 55103, the Secretary may issue a documentation certificate with an appropriate endorsement for coastwise use as a small passenger vessel or uninspected passenger vessel — for an eligible vessel carrying no more than 12 paying passengers — if the Secretary of Transportation, after notice and public comment, decides this won't hurt (1) US vessel builders, or (2) the coastwise business of anyone who uses US-built vessels.

(c) Revocation. (1) The Secretary must revoke a certificate or endorsement issued under (b) if the Secretary of Transportation, after notice and a hearing, finds it was obtained by fraud. (2) That revocation power doesn't affect (A) the criminal fraud and false-statement law in 18 U.S.C. § 1001, or (B) any other authority the Secretary has to revoke a certificate or endorsement issued under (b).

the actual law source: uscode.house.gov ↗public domain
(a)Definitions.—

In this section:

(1)Eligible vessel.—

The term “eligible vessel” means a vessel that—

(A)

was built in the United States;

(B)

was not built in the United States and is at least 3 years old; or

(C)

if rebuilt, was rebuilt—

(i)

in the United States; or

(ii)

outside the United States at least 3 years before the certificate requested under subsection (b) would take effect.

(2)Small passenger vessel; uninspected passenger vessel; passenger for hire.—

The terms “small passenger vessel”, “uninspected passenger vessel”, and “passenger for hire” have the meaning given those terms in section 2101 of this title.

(b)Issuance of Certificate and Endorsement.—

Notwithstanding sections 12112, 12113, 12132, 55102, and 55103 of this title, the Secretary may issue a certificate of documentation with an appropriate endorsement for employment in the coastwise trade as a small passenger vessel or an uninspected passenger vessel in the case of an eligible vessel authorized to carry no more than 12 passengers for hire if the Secretary of Transportation, after notice and an opportunity for public comment, determines that the employment of the vessel in the coastwise trade will not adversely affect—

(1)

United States vessel builders; or

(2)

the coastwise trade business of any person that employs vessels built in the United States in that business.

(c)Revocation.—
(1)For fraud.—

The Secretary shall revoke a certificate or endorsement issued under subsection (b) if the Secretary of Transportation, after notice and an opportunity for a hearing, determines that the certificate or endorsement was obtained by fraud.

(2)Other provisions not affected.—

Paragraph (1) does not affect—

(A)

the criminal prohibition on fraud and false statements in section 1001 of title 18; or

(B)

any other authority of the Secretary to revoke a certificate or endorsement issued under subsection (b).

Source credit: (Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1504; Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], § 8312, Jan. 1, 2021, 134 Stat. 4697.)

history & why it existsrecord from the source credit
  • 2006Enacted · Pub. L. 109-304 · 120 Stat. 1504
  • 2021Amended · Pub. L. 116-283 · 134 Stat. 4697

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.

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