PRIA, Government Policy, Made Personal

Summary

A vessel can get a coastwise endorsement if it meets section 12103, was built in the United States, or—if not built here—is lawfully captured and condemned, found forfeited, or treated as a wreck under section 12107, and otherwise meets U.S. rules for coastwise trade. With that endorsement, the vessel may engage in the coastwise trade.

Title 46, §12112

Shipping, Source: USLM XML via OLRC

(a)Requirements.—

A coastwise endorsement may be issued for a vessel that—

(1)satisfies the requirements of section 12103 of this title;

(2)(A)was built in the United States; or

(B)if not built in the United States—

(i)was captured in war by citizens of the United States and lawfully condemned as prize;

(ii)was adjudged to be forfeited for a breach of the laws of the United States; or

(iii)qualifies as a wrecked vessel under section 12107 of this title; and

(3)otherwise qualifies under the laws of the United States to engage in the coastwise trade.

(b)Authorized Activity.—

Subject to the laws of the United States regulating the coastwise trade, a vessel for which a coastwise endorsement is issued may engage in the coastwise trade.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 12112(a)46:12106(a). 12112(b)46:12106(b). In subsection (b), the word “only” is omitted because section 12102(a), as revised by the bill, contains a general requirement for appropriate documentation to engage in any trade.

Editorial Notes

Prior Provisions

A prior section 12112, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 588; Pub. L. 100–710, title I, § 104(a)(4), Nov. 23, 1988, 102 Stat. 4750; Pub. L. 101–225, title III, § 301(a)(11), Dec. 12, 1989, 103 Stat. 1922, originally derived from section 65p of former Title 46, Shipping, related to vessels procured outside the United States, prior to the general amendment of this chapter by Pub. L. 109–304. See section 12115 of this title.

Statutory Notes and Related Subsidiaries

Certain Vessels Engaged in Alaska Coastwise Trade Pub. L. 108–293, title VI, § 608(b), Aug. 9, 2004, 118 Stat. 1056, provided that: “(1) In general.—Notwithstanding any other provision of law, a person shall be treated as a citizen of the United States under section 12102(a) [now section 12103(a), (b)] of title 46, United States Code, section 2 of the Shipping Act, 1916 ([former] 46 U.S.C. App. 802) [see 46 U.S.C. 50501], and section 27 of the Merchant Marine Act, 1920 ([former] 46 U.S.C. App. 883) [see Disposition Table preceding section 101 of this title], for purposes of issuance of a coastwise endorsement under section 12106(e) of title 46, United States Code (as that section was in effect on the day before the date of enactment of this Act [Aug. 9, 2004]), for a vessel owned by the person on the date of enactment of this Act, or any replacement vessel of a similar size and function, if the person—“(A) owned a vessel before January 1, 2001, that had a coastwise endorsement under [former] section 12106(e) of title 46, United States Code; and “(B) as of the date of the enactment of this Act [Aug. 9, 2004], derives substantially all of its revenue from leasing vessels engaged in the transportation or distribution of petroleum products and other cargo in Alaska. “(2) Limitation on coastwise trade.—A vessel owned by a person described in paragraph (1) for which a coastwise endorsement is issued under [former] section 12106(e) of title 46, United States Code, may be employed in the coastwise trade only within Alaska and in the coastwise trade to and from Alaska. “(3) Termination.—The application of this subsection to a person described in paragraph (1) shall terminate if all of that person’s vessels described in paragraph (1) are sold to a person eligible to document vessels under section 12106(a) [now section 12112(a)] of title 46, United States Code.”

§12112 Coastwise Endorsement