TITLE 46 - US CODE - SUBCHAPTER I - GENERAL

46 USC 12101 - Definitions

(a) Rebuilt in the United States.—
In this chapter, a vessel is deemed to have been rebuilt in the United States only if the entire rebuilding, including the construction of any major component of the hull or superstructure, was done in the United States.

(b) Related Terms in Other Laws.—
When the following terms are used in a law, regulation, document, ruling, or other official act referring to the documentation of a vessel, the following definitions apply:

(1) Registry endorsement.—
The terms certificate of registry, register, and registry mean a certificate of documentation with a registry endorsement issued under this chapter.

(2) Coastwise endorsement.—
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.—
The term yacht means a recreational vessel even if not documented.

46 USC 12102 - Vessels requiring documentation

(a) In General.—
Except as otherwise provided, a vessel may engage in a trade only if the vessel has been issued a certificate of documentation with an endorsement for that trade under this chapter.

(b) Vessels Less Than 5 Net Tons.—
A vessel of less than 5 net tons may engage in a trade without being documented if the vessel otherwise satisfies the requirements to engage in the particular trade.

(c) Barges.—
A barge qualified to engage in the coastwise trade may engage in the coastwise trade, without being documented, on rivers, harbors, lakes (except the Great Lakes), canals, and inland waters.

46 USC 12103 - General eligibility requirements

(a) In General.—
Except as otherwise provided, a certificate of documentation for a vessel may be issued under this chapter only if the vessel is

(1) wholly owned by one or more individuals or entities described in subsection (b);

(2) at least 5 net tons as measured under part J of this subtitle; and

(3) not documented under the laws of a foreign country.

(b) Eligible Owners.—
For purposes of subsection (a)(1), the following are eligible owners:

(1) An individual who is a citizen of the United States.

(2) An association, trust, joint venture, or other entity if

(A) each of its members is a citizen of the United States; and

(B) it is capable of holding title to a vessel under the laws of the United States or a State.

(3) A partnership if

(A) each general partner is a citizen of the United States; and

(B) the controlling interest in the partnership is owned by citizens of the United States.

(4) A corporation if

(A) it is incorporated under the laws of the United States or a State;

(B) its chief executive officer, by whatever title, and the chairman of its board of directors are citizens of the United States; and

(5) The United States Government.

(6) The government of a State.

(c) Temporary Certificates Prior to Measurement.—
Notwithstanding subsection (a)(2), the Secretary may issue a temporary certificate of documentation for a vessel before it is measured.

46 USC 12104 - Applications for documentation

(a) In General.—
An application for a certificate of documentation or endorsement under this chapter must be filed by the owner of the vessel. The application must be filed in the manner, be in the form, and contain the information prescribed by the Secretary.

(b) Applicant’s Identifying Information.—
The Secretary shall require the applicant to provide

(1) if the applicant is an individual, the individuals social security number; or

(2) if the applicant is an entity

(A) the entitys taxpayer identification number; or

(B) if the entity does not have a taxpayer identification number, the social security number of an individual who is a corporate officer, general partner, or individual trustee of the entity and who signs the application.

46 USC 12105 - Issuance of documentation

(a) In General.—
Except as provided in section 12152 of this title, the Secretary, on receipt of a proper application, shall issue a certificate of documentation or a temporary certificate of documentation for a vessel satisfying the requirements of section 12103 of this title. The certificate shall contain each endorsement under subchapter II of this chapter for which the owner applies and the vessel is eligible.

(b) Temporary Certificates for Recreational Vessels.—
The Secretary may delegate, subject to the supervision and control of the Secretary and under terms prescribed by regulation, to private entities determined and certified by the Secretary to be qualified, the authority to issue a temporary certificate of documentation for a recreational vessel eligible under section 12103 of this title. A temporary certificate issued under this subsection is valid for not more than 30 days.

(1) identify and describe the vessel;

(2) identify the owner of the vessel; and

(3) contain additional information prescribed by the Secretary.

(d) Procedures To Ensure Integrity and Accuracy.—
The Secretary shall prescribe procedures to ensure the integrity of, and the accuracy of information contained in, certificates of documentation.

46 USC 12106 - Surrender of title and number

(a) In General.—
A documented vessel may not be titled by a State or required to display numbers under chapter 123 of this title, and any certificate of title issued by a State for a documented vessel shall be surrendered as provided by regulations prescribed by the Secretary.

(b) Vessels Covered by Preferred Mortgage.—
The Secretary may approve the surrender under subsection (a) of a certificate of title for a vessel covered by a preferred mortgage under section 31322 (d) of this title only if the mortgagee consents.

46 USC 12107 - Wrecked vessels

(a) Requirements.—
A vessel is a wrecked vessel under this chapter if it

(1) was wrecked on a coast of the United States or adjacent waters; and

(2) has undergone repairs in a shipyard in the United States equal to at least 3 times the appraised salvage value of the vessel.

(b) Appraisals.—
The Secretary may appoint a board of three appraisers to determine whether a vessel satisfies subsection (a)(2). The costs of the appraisal shall be paid by the owner of the vessel.