r/title-46-SHIPPING wiki — defined terms

The statute’s own glossary: every term Title 46 defines, in section order.

46 U.S.C. § 101 — Agency

“agency” applies throughout this title

the term “agency” means a department, agency, or instrumentality of the United States Government.

46 U.S.C. § 102 — Barge

“barge” applies throughout this title

the term “barge” means a non-self-propelled vessel.

46 U.S.C. § 103 — Boundary Line

“Boundary Line” applies throughout this title

the term “Boundary Line” means a line established under section 2(b) of the Act of February 19, 1895 ( 33 U.S.C. 151(b) ).

46 U.S.C. § 105 — Consular officer

“consular officer” applies throughout this title

the term “consular officer” means an officer or employee of the United States Government designated under regulations to issue visas.

46 U.S.C. § 106 — Documented vessel

“documented vessel” applies throughout this title

the term “documented vessel” means a vessel for which a certificate of documentation has been issued under chapter 121 of this title.

46 U.S.C. § 107 — Exclusive economic zone

“exclusive economic zone” applies throughout this title

the term “exclusive economic zone” means the zone established by Presidential Proclamation 5030 of March 10, 1983 ( 16 U.S.C. 1453 note).

46 U.S.C. § 108 — Fisheries

“fisheries” applies throughout this title

the term “fisheries” includes processing, storing, transporting (except in foreign commerce), planting, cultivating, catching, taking, or harvesting fish, shellfish, marine animals, pearls, shells, or marine vegetation in the navigable waters of the United States or in the exclusive economic zone.

46 U.S.C. § 110 — Foreign vessel

“foreign vessel” applies throughout this title

the term “foreign vessel” means a vessel of foreign registry or operated under the authority of a foreign country.

46 U.S.C. § 111 — Numbered vessel

“numbered vessel” applies throughout this title

the term “numbered vessel” means a vessel for which a number has been issued under chapter 123 of this title.

46 U.S.C. § 112 — State

“State” applies throughout this title

the term “State” means a State of the United States, the District of Columbia, Guam, Puerto Rico, the Virgin Islands, American Samoa, the Northern Mariana Islands, and any other territory or possession of the United States.

46 U.S.C. § 113 — Undocumented

“undocumented” applies throughout this title

the term “undocumented” means not having and not required to have a certificate of documentation issued under chapter 121 of this title.

46 U.S.C. § 115 — Vessel

“vessel” applies throughout this title

the term “vessel” has the meaning given that term in section 3 of title 1 .

46 U.S.C. § 116 — Vessel of the United States

“vessel of the United States” applies throughout this title

the term “vessel of the United States” means a vessel documented under chapter 121 of this title (or exempt from documentation under section 12102(c) of this title ), numbered under chapter 123 of this title, or titled under the law of a State.

46 U.S.C. § 301 — Automatic execution of conforming changes

“covered maritime law” applies in that section

the term “covered maritime law” means— (1) this title; (2) any Maritime Administration authorization Act that authorizes funds to be appropriated for a fiscal year to the Maritime Administration; and (3) any other law designated in the text thereof as a covered maritime law for purposes of application of this section.

46 U.S.C. § 2302 — Penalties for negligent operations and interfering with safe operation

“Government-impelled cargo” applies in that section

the term “Government-impelled cargo” means cargo for which a Federal agency contracts directly for shipping by water or for which (or the freight of which) a Federal agency provides financing, including financing by grant, loan, or loan guarantee, resulting in shipment of the cargo by water.

46 U.S.C. § 3104 — Survival craft

“built” applies in that section

the term “built” has the meaning that term has under section 4503(d).

46 U.S.C. § 3302 — Exemptions

“proprietary cargo” applies in that section

the term “proprietary cargo” means cargo that— (i) is used by the owner of the vessel or any affiliated entity or subsidiary in activities directly related to fishing or the processing of fish; (ii) is consumed by employees of the owner of the vessel or any affiliated entity or subsidiary who are engaged in fishing or in the processing of fish; or (iii) consists of fish or fish products harvested or processed by the owner of the vessel or any affiliated entity or subsidiary.

“qualified oil spill” applies in that section

The term “qualified oil spill” means an oil spill occurring in waters subject to the jurisdiction of Coast Guard District Arctic.

“qualified vessel” applies in that section

The term “qualified vessel” means a vessel operating in Coast Guard District Arctic. (B) Qualified oil spill .—

46 U.S.C. § 3305 — Scope and standards of inspection

“Officer in Charge, Marine Inspection” applies in that section

the term “Officer in Charge, Marine Inspection” means any person from the civilian or military branch of the Coast Guard who— (A) is designated as such by the Commandant; and (B) under the superintendence and direction of the cognizant Coast Guard district commander, is in charge of an inspection zone for the performance of duties with respect to the inspections under, and enforcement and administration of, subtitle II, chapter 700, and regulations under such laws.

46 U.S.C. § 3306 — Regulations

“covered small passenger vessel” applies in that section

the term “covered small passenger vessel”— (A) except as provided in subparagraph (B), means a small passenger vessel (as defined in section 2101) that— (i) has overnight passenger accommodations; or (ii) is operating on a coastwise or oceans route; and (B) does not include a ferry (as defined in section 2101) or fishing vessel (as defined in section 2101).

“oil fuel” applies in that section

the term “oil fuel” means any oil used as fuel in connection with the propulsion and auxiliary machinery of the vessel in which such oil is carried. (l) (1) The Secretary shall require that a freight vessel inspected under this chapter be outfitted with distress signaling and location technology for the higher of— (A) the minimum complement of officers and crew specified on the certificate of inspection for such vessel; or (B) the number of persons onboard the vessel; and (2) the requirement described in paragraph (1) shall not apply to vessels operating within the baseline from which the territorial sea of the United States is measured.

46 U.S.C. § 3316 — Classification societies

“offshore facility” applies in that section

the term “offshore facility” means any installation, structure, or other device (including any vessel not documented under chapter 121 of this title or the laws of another country), fixed or floating, that dynamically holds position or is temporarily or permanently attached to the seabed or subsoil under the sea; and;

“recognized organization” applies in that section

the term “recognized organization” has the meaning given that term in section 2.45–1 of title 46, Code of Federal Regulations, as in effect on the date of the enactment of the Hamm Alert Maritime Safety Act of 2018. (h) In this section,

“state sponsor of terrorism” applies in that section

the term “state sponsor of terrorism” means any country the government of which the Secretary of State has determined has repeatedly provided support for acts of international terrorism pursuant to section 6(j) 1 of the Export Administration Act of 1979 (as continued in effect under the International Emergency Economic Powers Act), section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or any other provision of law.

“United States offshore facility” applies in that section

the term “United States offshore facility” means any offshore facility, fixed or floating, that dynamically holds position or is temporarily or permanently attached to the seabed or subsoil under the territorial sea of the United States or the outer Continental Shelf (as that term is defined in section 2 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 )), including any vessel, rig, platform, or other vehicle or structure subject to regulation under section 30 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1356 ).

46 U.S.C. § 3507 — Passenger vessel security and safety requirements

“owner” applies in that section

the term “owner” means the owner, charterer, managing operator, master, or other individual in charge of a vessel.

46 U.S.C. § 3510 — Additional medical and safety standards

“owner” applies in that section

the term “owner” has the meaning given such term in section 3507.

46 U.S.C. § 4312 — Engine cut-off switches

“covered recreational vessel” applies in that section

The term “covered recreational vessel” means a recreational vessel that is— (A) less than 26 feet overall in length; and (B) capable of developing 115 pounds or more of static thrust. (2) Dealer .—

“dealer” applies in that section

The term “dealer” means any person who is engaged in the sale and distribution of recreational vessels or associated equipment to purchasers whom the seller in good faith believes to be purchasing any such vessel or associated equipment for purposes other than resale. (3) Distributor .—

“distributor” applies in that section

The term “distributor” means any person engaged in the sale and distribution of recreational vessels and associated equipment for the purposes of resale. (4) Manufacturer .—

“equipment manufacturer” applies in that section

The term “equipment manufacturer” means any person engaged in the manufacture, construction, or assembly of recreational vessels or associated equipment, or the importation of recreational vessels into the United States for subsequent sale. (5) Propulsion machinery .—

“propulsion machinery” applies in that section

The term “propulsion machinery” means a self-contained propulsion system, and includes, but is not limited to, inboard engines, outboard motors, and sterndrive engines. (6) Static thrust .—

“static thrust” applies in that section

The term “static thrust” means the forward or backwards thrust developed by propulsion machinery while stationary.

46 U.S.C. § 4502 — Safety standards

“auxiliary craft” applies in that section

the term “auxiliary craft” means a vessel that is carried onboard a fishing vessel and is normally used to support fishing operations.

46 U.S.C. § 4503 — Fishing, fish tender, and fish processing vessel certification

“built” applies in that section

the term “built” means, with respect to a vessel, that the vessel’s construction has reached any of the following stages: (A) The vessel’s keel is laid. (B) Construction identifiable with the vessel has begun and assembly of that vessel has commenced comprising of at least 50 metric tons or one percent of the estimated mass of all structural material, whichever is less. (2) In the case of a vessel greater than 79 feet overall in length, for purposes of paragraph (1)(A) a keel is deemed to be laid when a marine surveyor affirms that a structure adequate for serving as a keel for such vessel is in place and identified for use in the construction of such vessel.

46 U.S.C. § 4710 — Definitions

“abandon” applies throughout its subchapter

The term “abandon” means to moor, strand, wreck, sink, or leave a covered vessel unattended for longer than 45 days. (2) Covered vessel .—

“covered vessel” applies throughout its subchapter

The term “covered vessel” means a vessel that is not a barge to which subchapter I applies. (3) Indian tribe .—

“Indian Tribe” applies throughout its subchapter

The term “Indian Tribe” has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (4) Native hawaiian organization .—

“Native Hawaiian organization” applies throughout its subchapter

The term “Native Hawaiian organization” has the meaning given such term in section 6207 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7517 ) except the term includes the Department of Hawaiian Home Lands and the Office of Hawaiian Affairs.

46 U.S.C. § 4901 — Surveillance requirements

“owner” applies in that section

the term “owner” means the owner, charterer, managing operator, master, or other individual in charge of a vessel. (h) Exemption .— Fishing vessels, fish processing vessels, and fish tender vessels are exempt from this section.

46 U.S.C. § 6101 — Marine casualties and reporting

“major marine casualty” applies in that section

the term “major marine casualty” means a casualty involving a vessel, other than a public vessel, that results in— (1) the loss of 6 or more lives; (2) the loss of a mechanically propelled vessel of 100 or more gross tons; (3) property damage initially estimated at $2,000,000 or more; or (4) serious threat, as determined by the Commandant with concurrence by the Chairman of the National Transportation Safety Board, to life, property, or the environment by hazardous materials. (j) The Secretary shall publish all marine casualty reports prepared in accordance with this section in an electronic form.

46 U.S.C. § 7315 — Training

“training day” applies in that section

the term “training day” means a day that consists of not less than 7 hours of training.

46 U.S.C. § 7509 — Medical certification by trusted agents

“trusted agent” applies in that section

the term “trusted agent” means a medical practitioner certified by the Secretary to perform physical examinations of an individual for purposes of a license, certificate of registry, or merchant mariner’s document under this part.

46 U.S.C. § 7510 — Examinations for merchant mariner credentials

“merchant mariner credential” applies in that section

the term “merchant mariner credential” means a merchant mariner license, certificate, or document that the Secretary is authorized to issue pursuant to this title.

46 U.S.C. § 7512 — Requirements of electronic merchant mariner credentialing system

“merchant mariner credential” applies in that section

the term “merchant mariner credential” means a merchant mariner license, certificate, or document that the Secretary is authorized to issue pursuant to this title. (b) Necessary Considerations .— In implementing any electronic merchant mariner credentialing system for purposes of this chapter, the Secretary shall consider how to allow, to the maximum extent practicable— (1) the electronic submission of the components of merchant mariner credential applications (such as sea service documentation, professional qualifications, course completion certificates, safety and suitability documents, and medical records) and course approval requests; (2) the direct electronic and secure submission of— …

46 U.S.C. § 7704a — Sexual harassment or sexual assault as grounds for suspension or revocation

“official finding” applies in that section

the term “official finding” means— (A) a legal proceeding or agency finding or decision that determines the individual committed sexual harassment or sexual assault in violation of any Federal, State, local, or Tribal law or regulation; or (B) a determination after an investigation by the Coast Guard that, by a preponderance of the evidence, the individual committed sexual harassment or sexual assault if the investigation affords appropriate due process rights to the subject of the investigation.

46 U.S.C. § 8103 — Citizenship or noncitizen nationality and Navy Reserve requirements

“large passenger vessel” applies in that section

The term “large passenger vessel” means a vessel of more than 70,000 gross tons, as measured under section 14302 of this title , with capacity for at least 2,000 passengers and documented with a coastwise endorsement under chapter 121 of this title. (l) Noncitizen National Defined .— In this section,

“noncitizen national” applies in that section

the term “noncitizen national” means an individual described in section 308 of the Immigration and Nationality Act ( 8 U.S.C. 1408 ).

“steward’s department” applies in that section

The term “steward’s department” means the department that includes entertainment personnel and all service personnel, including wait staff, housekeeping staff, and galley workers, as defined in the vessel security plan approved by the Secretary pursuant to section 70103(c) of this title . (B) Large passenger vessel .—

46 U.S.C. § 8107 — Use of force against piracy

“act of piracy” applies in that section

the term “act of piracy” means any act of aggression, search, restraint, depredation, or seizure attempted against a vessel of the United States by an individual not authorized by the United States, a foreign government, or an international organization recognized by the United States to enforce law on the high seas.

46 U.S.C. § 9302 — Great Lakes pilots required

“Straits of Mackinac” applies in that section

the term “Straits of Mackinac” includes all of the United States navigable waters bounded by longitudes 84 degrees 20 minutes west and 85 degrees 10 minutes west and latitudes 45 degrees 39 minutes north and 45 degrees 54 minutes north, including Gray’s Reef Passage, the South Channel, and Round Island Passage, and approaches thereto.

46 U.S.C. § 10104 — Requirement to report sexual offenses

“harassment” applies in that section

the term “harassment” means— (1) (A) unwelcome remarks about an individual’s race, color, religion, sex, national origin, age, disability, genetic information, or other physical or physiological attribute, or other unwelcome verbal or physical conduct towards an individual based on 1 or more of those categories, as prohibited by any Federal law, including— (i) title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq.); (ii) the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 621 et seq.); (iii) the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.); and (iv) title II of the Genetic Information Nondisclosure Act 1 ( 42 U.S.C.

“responsible entity of a vessel” applies in that section

the term “responsible entity of a vessel” means— (1) the owner, master, or managing operator of a documented vessel engaged in commercial service; or (2) the employer of a seafarer on such a vessel. (h) Harassment Defined .— In this section,

46 U.S.C. § 11113 — Treatment of abandoned seafarers

“abandoned” applies in that section

the terms “abandons” and “abandoned” means— (A) a vessel owner’s or operator’s unilateral severance of ties with a seafarer; or (B) a vessel owner’s or operator’s failure to provide necessary support of a seafarer. (2) Fund .—

“abandons” applies in that section

“Fund” applies in that section

The term “Fund” means the Abandoned Seafarers Fund established under this section. (3) Necessary support .—

“necessary support” applies in that section

The term “necessary support” means normal wages and expenses the Secretary considers reasonable for lodging, subsistence, clothing, medical care (including hospitalization), repatriation, and any other support the Secretary considers to be appropriate. (4) Seafarer .—

“seafarer” applies in that section

The term “seafarer” means an alien crew member who is employed or engaged in any capacity on board a vessel subject to the jurisdiction of the United States. (5) Vessel subject to the jurisdiction of the united states .—

“vessel subject to the jurisdiction of the United States” applies in that section

The term “vessel subject to the jurisdiction of the United States” has the meaning given that term in section 70502(c), except that it does not include a vessel that is— (A) owned, or operated under a bareboat charter, by the United States, a State or political subdivision thereof, or a foreign nation; and (B) not engaged in commerce.

46 U.S.C. § 12101 — Definitions

“certificate of registry” applies throughout its chapter

The terms “certificate of registry”, “register”, and “registry” mean a certificate of documentation with a registry endorsement issued under this chapter. (2) Coastwise endorsement .—

“enrollment and license” applies throughout its chapter

The terms “license”, “enrollment and license”, “license for the coastwise (or coasting) trade”, and “enrollment and license for the coastwise (or coasting) trade” mean a certificate of documentation with a coastwise endorsement issued under this chapter. (3) Yacht .—

“enrollment and license for the coastwise (or coasting) trade” applies throughout its chapter

“license” applies throughout its chapter

“license for the coastwise (or coasting) trade” applies throughout its chapter

“register” applies throughout its chapter

The terms “certificate of registry”, “register”, and “registry” mean a certificate of documentation with a registry endorsement issued under this chapter. (2) Coastwise endorsement .—

“registry” applies throughout its chapter

The terms “certificate of registry”, “register”, and “registry” mean a certificate of documentation with a registry endorsement issued under this chapter. (2) Coastwise endorsement .—

“yacht” applies throughout its chapter

The term “yacht” means a recreational vessel even if not documented.

46 U.S.C. § 12118 — Owners engaged primarily in manufacturing or mineral industry

“Bowaters corporation” applies in that section

The term “Bowaters corporation” means a corporation that has filed a certificate under oath with the Secretary, in the form and at the times prescribed by the Secretary, establishing that— (A) the corporation is incorporated under the laws of the United States or a State; (B) a majority of the officers and directors of the corporation are individuals who are citizens of the United States; (C) at least 90 percent of the employees of the corporation are residents of the United States; (D) the corporation is engaged primarily in a manufacturing or mineral industry in the United States; (E) the total book value of the vessels owned by the corporation is not more than 10 percent of the total …

“parent” applies in that section

The term “parent” means a corporation that has filed a certificate under oath with the Secretary, in the form and at the times prescribed by the Secretary, establishing that the corporation— (A) is incorporated under the laws of the United States or a State; and (B) controls, directly or indirectly, at least 50 percent of the voting stock of a Bowaters corporation. (3) Subsidiary .—

“subsidiary” applies in that section

The term “subsidiary” means a corporation that has filed a certificate under oath with the Secretary, in the form and at the times prescribed by the Secretary, establishing that the corporation— (A) is incorporated under the laws of the United States or a State; and (B) has at least 50 percent of its voting stock controlled, directly or indirectly, by a Bowaters corporation or its parent. (b) Deemed Citizen .— A Bowaters corporation is deemed to be a citizen of the United States for purposes of chapters 121, 551, and 561 and section 80104 of this title .

46 U.S.C. § 12119 — Owners engaged primarily in leasing or financing transactions

“affiliate” applies in that section

The term “affiliate” means, with respect to any person, any other person that is— (i) directly or indirectly controlled by, under common control with, or controlling that person; or (ii) named as being part of the same consolidated group in any report or other document submitted to the United States Securities and Exchange Commission or the Internal Revenue Service. (2) Cargo .— The term “cargo” does not include cargo to which title is held for non-commercial reasons and primarily for the purpose of evading the requirements of subsection (c)(3). (3) Oil .—

“oil” applies in that section

The term “oil” has the meaning given that term in section 2101(28) of this title . (4) Passive investment .—

“passive investment” applies in that section

The term “passive investment” means an investment in which neither the investor nor any affiliate of the investor is involved in, or has the power to be involved in, the formulation, determination, or direction of any activity or function concerning the management, use, or operation of the asset that is the subject of the investment. (5) Qualified proprietary cargo .—

“qualified proprietary cargo” applies in that section

The term “qualified proprietary cargo” means— (A) oil, petroleum products, petrochemicals, or liquefied natural gas cargo that is beneficially owned by the person that submits to the Secretary an application or annual certification under subsection (c)(3), or by an affiliate of that person, immediately before, during, or immediately after the cargo is carried in coastwise trade on a vessel owned by that person; (B) oil, petroleum products, petrochemicals, or liquefied natural gas cargo not beneficially owned by the person that submits to the Secretary an application or an annual certification under subsection (c)(3), or by an affiliate of that person, but which is carried in coastwise trade …

“United States affiliate” applies in that section

The term “United States affiliate” means, with respect to any person, an affiliate the principal place of business of which is located in the United States. (b) Requirements .— A coastwise endorsement may be issued for a vessel if— (1) the vessel satisfies the requirements for a coastwise endorsement, except for the ownership requirement otherwise applicable without regard to this section; (2) the person that owns the vessel (or, if the vessel is owned by a trust or similar arrangement, the beneficiary of the trust or similar arrangement) meets the requirements of subsection (c); (3) the vessel is under a demise charter to a person that certifies to the Secretary that the person is a …

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

“eligible vessel” applies in that section

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 .—

“passenger for hire” applies in that section

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 …

“small passenger vessel” applies in that section

“uninspected passenger vessel” applies in that section

46 U.S.C. § 13101 — Definitions

“eligible State” applies throughout its chapter

The term “eligible State” means a State that has a State recreational boating safety program accepted by the Secretary. (2) State Recreational Boating Safety Program .—

“State recreational boating safety program” applies throughout its chapter

The term “State recreational boating safety program” means education, assistance, and enforcement activities conducted for maritime casualty prevention, reduction, and reporting for recreational boating.

46 U.S.C. § 30104 — Personal injury to or death of seamen

“aquaculture worker” applies in that section

the term “aquaculture worker” means an individual who— (A) is employed by a commercial enterprise that is involved in the controlled cultivation and harvest of aquatic plants and animals, including— (i) the cleaning, processing, or canning of fish and fish products; (ii) the cultivation and harvesting of shellfish; and (iii) the controlled growing and harvesting of other aquatic species; (B) does not hold a license issued under section 7101(c); and (C) is not required to hold a merchant mariner credential under part F of subtitle II.

46 U.S.C. § 30105 — Restriction on recovery by non-citizens and non-resident aliens for incidents in waters of other countries

“continental shelf” applies in that section

the term “continental shelf” has the meaning given that term in article I of the 1958 Convention on the Continental Shelf. (b) Restriction .— Except as provided in subsection (c), a civil action for maintenance and cure or for damages for personal injury or death may not be brought under a maritime law of the United States if— (1) the individual suffering the injury or death was not a citizen or permanent resident alien of the United States at the time of the incident giving rise to the action; (2) the incident occurred in the territorial waters or waters overlaying the continental shelf of a country other than the United States; and (3) the individual suffering the injury or death was …

46 U.S.C. § 30307 — Commercial aviation accidents

“nonpecuniary damages” applies in that section

the term “nonpecuniary damages” means damages for loss of care, comfort, and companionship. (b) Beyond 12 Nautical Miles .— In an action under this chapter, if the death resulted from a commercial aviation accident occurring on the high seas beyond 12 nautical miles from the shore of the United States, additional compensation is recoverable for nonpecuniary damages, but punitive damages are not recoverable. (c) Within 12 Nautical Miles .— This chapter does not apply if the death resulted from a commercial aviation accident occurring on the high seas 12 nautical miles or less from the shore of the United States.

46 U.S.C. § 30501 — Definitions

“covered small passenger vessel” applies throughout its chapter

The term “covered small passenger vessel”— (A) means a small passenger vessel, as defined in section 2101, that is— (i) not a wing-in-ground craft; and (ii) carrying— (I) not more than 49 passengers on an overnight domestic voyage; and (II) not more than 150 passengers on any voyage that is not an overnight domestic voyage; and (B) includes any wooden vessel constructed prior to March 11, 1996 , carrying at least 1 passenger for hire. (2) Owner .—

“owner” applies throughout its chapter

The term “owner” includes a charterer that mans, supplies, and navigates a vessel at the charterer’s own expense or by the charterer’s own procurement.

46 U.S.C. § 30701 — Definition

“carrier” applies throughout its chapter

the term “carrier” means the owner, manager, charterer, agent, or master of a vessel.

46 U.S.C. § 30902 — Definition

“federally-owned corporation” applies throughout its chapter

the term “federally-owned corporation” means a corporation in which the United States owns all the outstanding capital stock.

46 U.S.C. § 40102 — Definitions

“agreement” applies throughout its part

The term “agreement”— (A) means a written or oral understanding, arrangement, or association, and any modification or cancellation thereof; but (B) does not include a maritime labor agreement. (2) Antitrust laws .—

“antitrust laws” applies throughout its part

The term “antitrust laws” means— (A) the Sherman Act ( 15 U.S.C. 1 et seq.); (B) sections 73 and 74 of the Wilson Tariff Act ( 15 U.S.C. 8 , 9); (C) the Clayton Act ( 15 U.S.C. 12 et seq.); (D) the Act of June 19, 1936 ( 15 U.S.C. 13 , 13a, 13b, 21a); (E) the Federal Trade Commission Act ( 15 U.S.C. 41 et seq.); (F) the Antitrust Civil Process Act ( 15 U.S.C. 1311 et seq.); and (G) Acts supplementary to those Acts. (3) Assessment agreement .—

“assessment agreement” applies throughout its part

The term “assessment agreement” means an agreement, whether part of a collective bargaining agreement or negotiated separately, to the extent the agreement provides for the funding of collectively bargained fringe-benefit obligations on other than a uniform worker-hour basis, regardless of the cargo handled or type of vessel or equipment used. (4) Bulk cargo .—

“bulk cargo” applies throughout its part

The term “bulk cargo” means cargo that is loaded and carried in bulk without mark or count. (5) Certain covered services .— For purposes of sections 41105 and 41307,

“certain covered services” applies throughout its part

the term “certain covered services” means, with respect to a vessel— (A) the berthing or bunkering of the vessel; (B) the loading or unloading of cargo to or from the vessel to or from a point on a wharf or terminal; (C) the positioning, removal, or replacement of buoys related to the movement of the vessel; and (D) with respect to injunctive relief under section 41307, towing vessel services provided to such a vessel. (6) Chemical parcel-tanker .—

“chemical parcel-tanker” applies throughout its part

The term “chemical parcel-tanker” means a vessel that has— (A) a cargo-carrying capability consisting of individual cargo tanks for bulk chemicals that— (i) are a permanent part of the vessel; and (ii) have segregation capability with piping systems to permit simultaneous carriage of several bulk chemical cargoes with minimum risk of cross-contamination; and (B) a valid certificate of fitness under the International Maritime Organization Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk. (7) Common carrier .—

“common carrier” applies throughout its part

The term “common carrier”— (A) means a person that— (i) holds itself out to the general public to provide transportation by water of passengers or cargo between the United States and a foreign country for compensation; (ii) assumes responsibility for the transportation from the port or point of receipt to the port or point of destination; and (iii) uses, for all or part of that transportation, a vessel operating on the high seas or the Great Lakes between a port in the United States and a port in a foreign country; but (B) does not include a carrier engaged in ocean transportation by ferry boat, ocean tramp, or chemical parcel-tanker, or by vessel when primarily engaged in the carriage of …

“conference” applies throughout its part

The term “conference”— (A) means an association of ocean common carriers permitted, pursuant to an approved or effective agreement, to engage in concerted activity and to use a common tariff; but (B) does not include a joint service, consortium, pooling, sailing, or transshipment agreement. (9) Controlled carrier .—

“controlled carrier” applies throughout its part

The term “controlled carrier” means an ocean common carrier that is, or whose operating assets are, directly or indirectly, owned or controlled by a government, with ownership or control by a government being deemed to exist for a carrier if— (A) a majority of the interest in the carrier is owned or controlled in any manner by that government, an agency of that government, or a public or private person controlled by that government; or (B) that government has the right to appoint or disapprove the appointment of a majority of the directors, the chief operating officer, or the chief executive officer of the carrier. (10) Deferred rebate .—

“deferred rebate” applies throughout its part

The term “deferred rebate” means a return by a common carrier of any freight money to a shipper, where the return is— (A) consideration for the shipper giving all or any portion of its shipments to that or any other common carrier over a fixed period of time; (B) deferred beyond the completion of the service for which it was paid; and (C) made only if the shipper has agreed to make a further shipment with that or any other common carrier. (11) Forest products .—

“forest products” applies throughout its part

The term “forest products” includes lumber in bundles, rough timber, ties, poles, piling, laminated beams, bundled siding, bundled plywood, bundled core stock or veneers, bundled particle or fiber boards, bundled hardwood, wood pulp in rolls, wood pulp in unitized bales, and paper and paper board in rolls or in pallet or skid-sized sheets. (12) Inland division .—

“inland division” applies throughout its part

The term “inland division” means the amount paid by a common carrier to an inland carrier for the inland portion of through transportation offered to the public by the common carrier. (13) Inland portion .—

“inland portion” applies throughout its part

The term “inland portion” means the charge to the public by a common carrier for the non-ocean portion of through transportation. (14) Loyalty contract .—

“loyalty contract” applies throughout its part

The term “loyalty contract” means a contract with an ocean common carrier or agreement providing for— (A) a shipper to obtain lower rates by committing all or a fixed portion of its cargo to that carrier or agreement; and (B) a deferred rebate arrangement. (15) Marine terminal operator .—

“marine terminal operator” applies throughout its part

The term “marine terminal operator” means a person engaged in the United States in the business of providing wharfage, dock, warehouse, or other terminal facilities in connection with a common carrier, or in connection with a common carrier and a water carrier subject to subchapter II of chapter 135 of title 49. (16) Maritime labor agreement .—

“maritime labor agreement” applies throughout its part

The term “maritime labor agreement”— (A) means— (i) a collective bargaining agreement between an employer subject to this part, or a group of such employers, and a labor organization representing employees in the maritime or stevedoring industry; (ii) an agreement preparatory to such a collective bargaining agreement among members of a multi-employer bargaining group; or (iii) an agreement specifically implementing provisions of such a collective bargaining agreement or providing for the formation, financing, or administration of a multi-employer bargaining group; but (B) does not include an assessment agreement. (17) Non-vessel-operating common carrier .—

“non-vessel-operating common carrier” applies throughout its part

The term “non-vessel-operating common carrier” means a common carrier that— (A) does not operate the vessels by which the ocean transportation is provided; and (B) is a shipper in its relationship with an ocean common carrier. (18) Ocean common carrier .—

“ocean common carrier” applies throughout its part

The term “ocean common carrier” means a vessel-operating common carrier. (19) Ocean freight forwarder .—

“ocean freight forwarder” applies throughout its part

The term “ocean freight forwarder” means a person that— (A) in the United States, dispatches shipments from the United States via a common carrier and books or otherwise arranges space for those shipments on behalf of shippers; and (B) processes the documentation or performs related activities incident to those shipments. (20) Ocean transportation intermediary .—

“ocean transportation intermediary” applies throughout its part

The term “ocean transportation intermediary” means an ocean freight forwarder or a non-vessel-operating common carrier. (21) Service contract .—

“service contract” applies throughout its part

The term “service contract” means a written contract, other than a bill of lading or receipt, between one or more shippers, on the one hand, and an individual ocean common carrier or an agreement between or among ocean common carriers, on the other, in which— (A) the shipper or shippers commit to providing a certain volume or portion of cargo over a fixed time period; and (B) the ocean common carrier or the agreement commits to a certain rate or rate schedule and a defined service level, such as assured space, transit time, port rotation, or similar service features. (22) Shipment .—

“shipment” applies throughout its part

The term “shipment” means all of the cargo carried under the terms of a single bill of lading. (23) Shipper .—

“shipper” applies throughout its part

The term “shipper” means— (A) a cargo owner; (B) the person for whose account the ocean transportation of cargo is provided; (C) the person to whom delivery is to be made; (D) a shippers’ association; or (E) a non-vessel-operating common carrier that accepts responsibility for payment of all charges applicable under the tariff or service contract. (24) Shippers’ association .—

“shippers’ association” applies throughout its part

The term “shippers’ association” means a group of shippers that consolidates or distributes freight on a nonprofit basis for the members of the group to obtain carload, truckload, or other volume rates or service contracts. (25) Through rate .—

“through rate” applies throughout its part

The term “through rate” means the single amount charged by a common carrier in connection with through transportation. (26) Through transportation .—

“through transportation” applies throughout its part

The term “through transportation” means continuous transportation between origin and destination for which a through rate is assessed and which is offered or performed by one or more carriers, at least one of which is a common carrier, between a United States port or point and a foreign port or point.

46 U.S.C. § 40504 — Shipping exchange registry

“shipping exchange” applies in that section

the term “shipping exchange” means a platform (digital, over-the-counter, or otherwise) that connects shippers with common carriers for the purpose of entering into underlying agreements or contracts for the transport of cargo, by vessel or other modes of transportation.

46 U.S.C. § 40702 — Rate standards

“constructive costs” applies in that section

the term “constructive costs” means the costs of another carrier, other than a controlled carrier, operating similar vessels and equipment in the same or a similar trade. (b) Standards .— In determining whether a rate, charge, classification, rule, or regulation of a controlled carrier is just and reasonable, the Federal Maritime Commission— (1) shall take into account whether the rate or charge that has been published or assessed, or that would result from the pertinent classification, rule, or regulation, is below a level that is fully compensatory to the controlled carrier based on the carrier’s actual costs or constructive costs; and (2) may take into account other appropriate factors, …

46 U.S.C. § 41305 — Award of reparations

“actual injury” applies in that section

the term “actual injury” includes the loss of interest at commercial rates compounded from the date of injury. (b) Basic Amount .— If the complaint was filed within the period specified in section 41301(a) of this title , the Federal Maritime Commission shall direct the payment of reparations to the complainant for actual injury caused by a violation of this part.

46 U.S.C. § 42301 — Definitions

“common carrier” applies throughout its chapter

the terms “common carrier”, “marine terminal operator”, “ocean common carrier”, “ocean transportation intermediary”, “shipper”, and “shippers’ association” have the meaning given those terms in section 40102 of this title . (b) Other Definitions .— In this chapter: (1) Foreign carrier .—

“foreign carrier” applies throughout its chapter

The term “foreign carrier” means an ocean common carrier a majority of whose vessels are documented under the laws of a foreign country. (2) Maritime services .—

“marine terminal operator” applies throughout its chapter

“maritime services” applies throughout its chapter

The term “maritime services” means port-to-port transportation of cargo by vessels operated by an ocean common carrier. (3) Maritime-related services .—

“maritime-related services” applies throughout its chapter

The term “maritime-related services” means intermodal operations, terminal operations, cargo solicitation, agency services, ocean transportation intermediary services and operations, and all other activities and services integral to total transportation systems of ocean common carriers and their foreign domiciled affiliates for themselves and others. (4) United states carrier .—

“ocean common carrier” applies throughout its chapter

“ocean transportation intermediary” applies throughout its chapter

“shipper” applies throughout its chapter

“shippers’ association” applies throughout its chapter

“United States carrier” applies throughout its chapter

The term “United States carrier” means an ocean common carrier operating vessels documented under the laws of the United States. (5) United states oceanborne trade .—

“United States oceanborne trade” applies throughout its chapter

The term “United States oceanborne trade” means the carriage of cargo between the United States and a foreign country, whether directly or indirectly, by an ocean common carrier.

46 U.S.C. § 42501 — Definitions

“Commission” applies throughout its chapter

The term “Commission” means the Federal Maritime Commission. (2) Committee .—

“Committee” applies throughout its chapter

The term “Committee” means the National Shipper Advisory Committee established under section 42502.

46 U.S.C. § 46106 — Annual report and public disclosure

“certain covered services” applies in that section

the term “certain covered services” has the meaning given the term in section 40102. (d) Public Disclosures .— The Federal Maritime Commission shall publish, and annually update, on the website of the Commission— (1) all findings by the Commission of false detention and demurrage invoice information by common carriers under section 41104(a)(15) of this title ; and (2) all penalties imposed or assessed against common carriers, as applicable, under sections 41107, 41108, and 41109, listed by each common carrier.

46 U.S.C. § 50111 — Submission of annual MARAD authorization request

“Maritime Administration authorization request” applies in that section

the term “Maritime Administration authorization request” means a proposal for legislation that, for a fiscal year— (1) recommends authorizations of appropriations for the Maritime Administration for that fiscal year, including with respect to matters described in subsection 1 109(j) of title 49 or authorized in subtitle V of this title; and (2) addresses any other matter with respect to the Maritime Administration that the Secretary determines is appropriate.

46 U.S.C. § 50307 — Maritime environmental and technical assistance program

“eligible entity” applies in that section

the term “eligible entity” means— (1) a private entity, including a nonprofit organization; (2) a public entity, including a Federal, State, regional, or local government entity, including a special district; (3) an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )) or a consortium of Indian Tribes; (4) an institution of higher education as defined under section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ); or (5) a partnership or collaboration of entities described in paragraphs (1) through (4).

46 U.S.C. § 50308 — Maritime transportation system emergency relief program

“eligible entity” applies in that section

The term “eligible entity” means a public or private entity that is created or organized in the United States or under the laws of the United States, with significant operations in and a majority of its employees based in the United States, that is engaged in— (A) vessel construction, transportation by water, or support activities for transportation by water with an assigned North American Industry Classification System code beginning with 3366, 483, 4883, or 6113, or in the case of such construction, transportation, or support activities conducted by a fish processing vessel, such an assigned code beginning with 3117; or (B) as determined by the Secretary of Transportation— (i) …

“eligible operating costs” applies in that section

The term “eligible operating costs” means costs relating to— (A) emergency response; (B) cleaning; (C) sanitization; (D) janitorial services; (E) staffing; (F) workforce retention; (G) paid leave; (H) procurement and use of protective health equipment, testing, and training for employees and contractors; (I) debt service payments; (J) infrastructure repair projects; (K) fuel; and (L) other maritime transportation system operations, as determined by the Secretary of Transportation; (4) Emergency .—

“eligible State or Tribal entity” applies in that section

The term “eligible State or Tribal entity” means— (A) a port authority; or (B) a vessel owned and operated by a State or Tribal government and facilities associated with the operation of such vessel. (2) Eligible entity .—

“emergency” applies in that section

The term “emergency” means a natural disaster affecting a wide area (such as a flood, hurricane, tidal wave, earthquake, severe storm, or landslide) or a catastrophic failure from any external cause, that impacts the United States maritime transportation system and as a result of which— (A) the Governor of a State has declared an emergency and the Maritime Administrator, in consultation with the Administrator of the Federal Emergency Management Agency, has concurred in the declaration; (B) the President has declared a major disaster under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C.

46 U.S.C. § 50309 — Securing logistics information data of the United States

“covered entity” applies in that section

The term “covered entity” means— (A) a port authority that receives funding after the date of the enactment of this section under— (i) the port infrastructure development program under section 54301; (ii) the maritime transportation system emergency relief program under section 50308; or (iii) any Federal grant funding program; (B) any marine terminal operator located on property owned by a port authority as described in subparagraph (A) or at a seaport described in subparagraph (D); (C) any agency or instrumentality of the United States Government or that of a State; or (D) a commercial strategic seaport within the National Port Readiness Network.

“covered logistics platform” applies in that section

The term “covered logistics platform” means a data exchange platform that utilizes or provides, in part or whole— (A) the national transportation logistics public information platform (commonly referred to as “LOGINK”) provided by the People’s Republic of China, or departments, ministries, centers, agencies, or instrumentalities of the Government of the People’s Republic of China; (B) any national transportation logistics information platform provided by or sponsored by the People’s Republic of China, or a controlled commercial entity; or (C) a similar system provided by Chinese state-affiliated entities. (2) Covered entity .—

46 U.S.C. § 51102 — Definitions

“Academy” applies throughout its part

The term “Academy” means the United States Merchant Marine Academy located at Kings Point, New York, and maintained under chapter 513 of this title. (2) Cost of education provided .—

“cost of education provided” applies throughout its part

The term “cost of education provided” means the financial costs incurred by the United States Government for providing training or financial assistance to students at the Academy and the State maritime academies, including direct financial assistance, room, board, classroom academics, and other training activities. (3) Merchant marine officer .—

“merchant marine officer” applies throughout its part

The term “merchant marine officer” means an individual issued a license by the Coast Guard authorizing service as— (A) a master, mate, or pilot on a documented vessel that— (i) is of at least 1,000 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 ; and (ii) operates on the oceans or the Great Lakes; or (B) an engineer officer on a documented vessel propelled by machinery of at least 4,000 horsepower. (4) State maritime academy .—

“State maritime academy” applies throughout its part

The term “State maritime academy” means— (A) a State maritime academy or college sponsored by a State and assisted under chapter 515 of this title; and (B) a regional maritime academy or college sponsored by a group of States and assisted under chapter 515 of this title.

46 U.S.C. § 51307 — Places of training

“operator” applies in that section

the term “operator” includes a government operator and a non-government operator. (e) Savings Clause .— Nothing in this section may be construed as affecting— (1) the discretion of the Secretary to determine whether to place a United States Merchant Marine Academy cadet on a vessel; (2) the authority of the Coast Guard regarding a vessel security plan approved under section 70103; or (3) the discretion of the master of the vessel to ensure the safety of all crew members.

46 U.S.C. § 51309 — Academic degree

“documented medical or psychological condition” applies in that section

the term “documented medical or psychological condition” means, with respect to an individual, a physical disqualification or psychological condition, including a mental health condition arising from sexual assault or sexual harassment, for which the individual has been treated or is being treated by a medical or psychological provider.

46 U.S.C. § 51318 — Policy on sexual harassment, dating violence, domestic violence, sexual assault, and stalking

“dating violence” applies in that section

The terms “dating violence”, “domestic violence”, and “stalking” have the meanings given those terms is 1 section 40002(a) of the Violence Against Women Act of 1994 ( 42 U.S.C. 13925(a) ). 2 (2) Sexual assault .—

“domestic violence” applies in that section

“sexual assault” applies in that section

The term “sexual assault” means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation.

“stalking” applies in that section