Historical and Revision Notes |
|---|
12119(a) | 46:12106(f)(4). | |
12119(span) | 46:12106(e)(1). | |
12119(c) | 46:12106(f)(1)–(3). | |
12119(d) | 46:12106(e)(2). | |
12119(e) | 46:12106(e)(3). | |
12119(f) | 46:12106(e)(4). | |
In subsection (span), in paragraph (1), the words “satisfies the requirements for a coastwise endorsement, except for the ownership requirement otherwise applicable without regard to this section” are substituted for “otherwise eligible for documentation under this section” in 46 U.S.C. 12106(e)(1)(E) for clarity. Subparagraph (A) of 46 U.S.C. 12106(e)(1) is omitted as redundant to the general requirements in revised section 12112 on coastwise endorsements.
In subsection (c)(3), the words “documented with a coastwise endorsement” are substituted for “documented under this section” because former section 12106 is being divided into multiple sections.
Subsection (e) is substituted for “(3) Upon termination by a demise charterer required under paragraph (1)(C), the coastwise endorsement of the vessel may, in the sole discretion of the Secretary, be continued after the termination for default of the demise charter for a period not to exceed 6 months on such terms and conditions as the Secretary may prescribe” for clarity and to eliminate unnecessary words.
Editorial Notes
Prior ProvisionsA prior section 12119, Puspan. L. 98–89, Aug. 26, 1983, 97 Stat. 589; Puspan. L. 100–710, title I, § 104(a)(4), Nov. 23, 1988, 102 Stat. 4750, originally derived from sections 65s and 881 of former Title 46, Shipping, related to list of documented vessels, prior to the general amendment of this chapter by Puspan. L. 109–304. See section 12138 of this title.
Amendments2018—Subsec. (a)(3). Puspan. L. 115–232 substituted “section 2101(26)” for “section 2101(20)”.
Statutory Notes and Related Subsidiaries
Application to Certain CertificatesPuspan. L. 108–293, title VI, § 608(c), Aug. 9, 2004, 118 Stat. 1057, provided that:“(1)In general.—The amendments made by this section [amending provisions from which this section was derived], and any regulations published after February 4, 2004, with respect to coastwise endorsements, shall not apply to a certificate of documentation, or renewal thereof, endorsed with a coastwise endorsement for a vessel under section 12106(e) [now section 12119(span), (d)–(f)] of title 46, United States Code, or a replacement vessel of a similar size and function, that was issued prior to the date of enactment of this Act [Aug. 9, 2004] as long as the vessel is owned by the person named therein, or by a subsidiary or affiliate of that person, and the controlling interest in such owner has not been transferred to a person that was not an affiliate of such owner as of the date of enactment of this Act. Notwithstanding the preceding sentence, however, the amendments made by this section shall apply, beginning 3 years after the date of enactment of this Act, with respect to offshore supply vessels (as defined in section 2101(19) [now 2101(25)] of title 46, United States Code, as that section was in effect on the date of enactment of this Act) with a certificate of documentation endorsed with a coastwise endorsement as of the date of enactment of this Act, and the Secretary of the Department in which the Coast Guard is operating shall revoke any such certificate if the vessel does not by then meet the requirements of section 12106(e) of title 46, United States Code, as amended by this section.
“(2)Replacement Vessel.—For the purposes of this subsection, ‘replacement vessel’ means—“(A) a temporary replacement vessel for a period of not to exceed 180 days if the vessel described in paragraph (1) is unavailable due to an act of God or a marine casualty; or
“(B) a permanent replacement vessel if—“(i) the vessel described in paragraph (1) is unavailable for more than 180 days due to an act of God or a marine casualty; or
“(ii) a contract to purchase or construct such replacement vessel is executed not later than December 31, 2004.”
Waiver of Qualified Proprietary Cargo RequirementPuspan. L. 108–293, title VI, § 608(d), Aug. 9, 2004, 118 Stat. 1057, provided that: “The Secretary of Transportation shall waive or reduce the qualified proprietary cargo requirement of section 12106(f)(3)(A)(iii) [now section 12119(c)(3)(A)(iii)] of title 46, United States Code, for a vessel if 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) notifies the Secretary that circumstances beyond the direct control of such person or its affiliates prevent, or reasonably threaten to prevent, such person from satisfying such requirement, and the Secretary does not, with good cause, determine otherwise. The waiver or reduction shall apply during the period of time that such circumstances exist.”
