§12105 — Title 46 Shipping | U.S. Code

Summary

The Secretary must give a certificate of documentation or a temporary certificate when someone files a proper application and the vessel meets the rules in section 12103. The certificate will show any endorsements the owner asked for and the vessel can have. For recreational vessels, the Secretary can let qualified private groups issue temporary certificates under rules the Secretary sets. A temporary certificate from a private group can last no more than 30 days. The certificate must describe the vessel, name the owner, and include other information the Secretary requires. The Secretary must set procedures to keep certificates accurate. Certificates normally last 1 year and can be renewed yearly. Owners of recreational vessels can pick certificates that last 1 to 5 years. The Secretary must charge fees equal to the amounts in section 2110 for issuing and renewing (renewal fee is the yearly fee times the number of years). Fees go to the account that paid the costs and may stay there until spent. Owners must tell the Coast Guard about any information changes within 30 days. If they do not, the certificate ends after that 30-day period. This does not stop state or local authorities from removing abandoned or derelict vessels.

Title 46, §12105

Shipping — Source: USLM XML via OLRC

(a)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)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.

(c)A certificate of documentation shall—

(1)identify and describe the vessel;

(2)identify the owner of the vessel; and

(3)contain additional information prescribed by the Secretary.

(d)The Secretary shall prescribe procedures to ensure the integrity of, and the accuracy of information contained in, certificates of documentation.

(e)(1)Except as provided in paragraphs (2) and (3), a certificate of documentation issued under this part is valid for a 1-year period and may be renewed for additional 1-year periods.

(2)(A)The owner or operator of a recreational vessel may choose a period of effectiveness of between 1 and 5 years for a certificate of documentation for a recreational vessel or the renewal thereof.

(B)(i)The Secretary shall assess and collect a fee—

(I)for the issuance of a certificate of documentation for a recreational vessel that is equivalent to the fee established for the issuance of a certificate of documentation under section 2110; and

(II)for the renewal of a certificate of documentation for a recreational vessel that is equivalent to the number of years of effectiveness of the certificate of documentation multiplied by the fee established for the renewal of a certificate of documentation under section 2110.

(ii)Fees collected under this subsection—

(I)shall be credited to the account from which the costs of such issuance or renewal were paid; and

(II)may remain available until expended.

(3)(A)The owner of a vessel shall notify the Coast Guard of each change in the information on which the issuance of the certificate of documentation for the vessel is based that occurs before the expiration of the certificate under this subsection, by not later than 30 days after such change.

(B)The certificate of documentation for a vessel shall terminate upon the expiration of such 30-day period if the owner has not notified the Coast Guard of such change before the end of such period.

(4)Nothing in this section shall be construed to limit the authority of a State or local authority from taking action to remove an abandoned or derelict vessel.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 12105(a)46:12103(a) (less filing by owner). 12105(b)46:12103a. 12105(c)46:12103(c). 12105(d)46:12103(d). In subsection (b), the words “eligible under” are substituted for “if the applicant for the certificate of documentation meets the requirements set out in” for consistency in the chapter and to eliminate unnecessary words.

Editorial Notes

Prior Provisions

A prior section 12105, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 586; Pub. L. 100–710, title I, § 104(a)(4), Nov. 23, 1988, 102 Stat. 4750; Pub. L. 101–225, title III, § 301(a)(5), Dec. 12, 1989, 103 Stat. 1920; Pub. L. 109–241, title III, § 310, July 11, 2006, 120 Stat. 529, originally derived from section 65h of former Title 46, Shipping, related to registry endorsements, prior to the general amendment of this chapter by Pub. L. 109–304. See section 12111 of this title.

Amendments

2021—Subsec. (e)(2)(A). Pub. L. 117–81, § 3511(1), added subpar. (A) and struck out former subpar. (A), which read as follows: “In general.—A certificate of documentation for a recreational vessel and the renewal of such a certificate shall be effective for a 5-year period.” Subsec. (e)(2)(B), (C). Pub. L. 117–81, § 3511, redesignated subpar. (C) as (B) and struck out former subpar. (B), which read as follows: “Phase-in period.—During the period beginning

January 1, 2019, and ending

December 31, 2021, the owner or operator of a recreational vessel may choose a period of effectiveness of between 1 and 5 years for such a certificate of documentation for such vessel or the renewal thereof.” 2018—Subsec. (e). Pub. L. 115–282 added subsec. (e).

Statutory Notes and Related Subsidiaries

Certificates of Documentation for Recreational Vessels Pub. L. 114–120, title III, § 311, Feb. 8, 2016, 130 Stat. 57, provided that: “Not later than one year after the date of the enactment of this Act [Feb. 8, 2016], the Secretary of the department in which the Coast Guard is operating shall issue

Regulations

that— “(1) make certificates of documentation for recreational vessels effective for 5 years; and “(2) require the owner of such a vessel—“(A) to notify the Coast Guard of each change in the information on which the issuance of the certificate of documentation is based, that occurs before the expiration of the certificate; and “(B) [to] apply for a new certificate of documentation for such a vessel if there is any such change.”

§12105 Issuance of Documentation