1625-0002 Stat/Authority

Page 11

TITLE 46—SHIPPING

Pub. L. 99–509, title V, subtitle B, § 5104(a), Oct. 21,
1986, 100 Stat. 1928, provided that: ‘‘The repeal of a law
by this subtitle may not be construed as a legislative
implication that the provision was or was not in effect
before its repeal.’’
Pub. L. 99–509, title V, subtitle B, § 5104(b), Oct. 21,
1986, 100 Stat. 1928, repealed specified laws relating to
shipping, except for rights and duties that matured,
penalties that were incurred, and proceedings that were
begun before Oct. 21, 1986.
Pub. L. 98–89, § 4(a), Aug. 26, 1983, 97 Stat. 599, provided that: ‘‘The repeal of a law by this Act may not be
construed as a legislative implication that the provision was or was not in effect before its repeal.’’
Pub. L. 98–89, § 4(b), Aug. 26, 1983, 97 Stat. 599, repealed
specified laws relating to shipping, except for rights
and duties that matured, penalties that were incurred,
and proceedings that were begun before Aug. 26, 1983,
and except as provided by section 2 of Pub. L. 98–89, set
out as notes above and notes under sections 3101, 3302,
3715, and 6301 of this title.

Subtitle I—General
Chapter

1.
3.
5.

Sec.

Definitions ............................................
Federal Maritime Commission ........
Other General Provisions .................

101
301
501

CHAPTER 1—DEFINITIONS
Sec.

101.
102.
103.
104.
105.
106.
107.
108.
109.
110.
111.
112.
113.
114.
115.
116.

Agency.
Barge.
Boundary Line.
Citizen of the United States.
Consular officer.
Documented vessel.
Exclusive economic zone.
Fisheries.
Foreign commerce or trade.
Foreign vessel.
Numbered vessel.
State.
Undocumented.
United States.
Vessel.
Vessel of the United States.

§ 101. Agency
In this title, the term ‘‘agency’’ means a department, agency, or instrumentality of the
United States Government.
(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1486.)
HISTORICAL AND REVISION NOTES
Revised
Section
101 .............

Source (U.S. Code)

Source (Statutes at Large)

(no source).

A definition of ‘‘agency’’ is added to avoid having to
repeat the substance of the definition at various places
in the revised title.
SHORT TITLE OF 2010 AMENDMENT
Pub. L. 111–281, title VI, § 601, Oct. 15, 2010, 124 Stat.
2959, provided that: ‘‘This title [see Tables for classification] may be cited as the ‘Maritime Safety Act of
2010’.’’
Pub. L. 111–207, § 1(a), July 27, 2010, 124 Stat. 2243, provided that: ‘‘This Act [enacting sections 3507 and 3508 of
this title, amending section 676 of Title 14, Coast
Guard, and section 355 of Title 37, Pay and Allowances
of the Uniformed Services, enacting provisions set out
as notes under section 3507 of this title and section 1828
of Title 16, Conservation, amending provisions set out
as a note under section 2720 of Title 33, Navigation and

§ 101

Navigable Waters, and repealing provisions set out as
notes under section 70101 of this title and section 637 of
Title 14] may be cited as the ‘Cruise Vessel Security
and Safety Act of 2010’.’’
SHORT TITLE OF 2009 AMENDMENT
Pub. L. 111–83, title V, § 561(a), Oct. 28, 2009, 123 Stat.
2182, provided that: ‘‘This section [amending section
70103 of this title and sections 114 and 40119 of Title 49,
Transportation] may be cited as the ‘American Communities’ Right to Public Information Act’.’’
SHORT TITLE OF 2003 AMENDMENT
Pub. L. 108–136, div. C, title XXXV, § 3501, Nov. 24,
2003, 117 Stat. 1789, provided that: ‘‘This title [see
Tables for classification] may be cited as the ‘Maritime
Security Act of 2003’.’’
SHORT TITLE OF 2002 AMENDMENT
Pub. L. 107–295, § 1(a), Nov. 25, 2002, 116 Stat. 2064, provided that: ‘‘This Act [see Tables for classification]
may be cited as the ‘Maritime Transportation Security
Act of 2002’.’’
Pub. L. 107–295, title II, § 201, Nov. 25, 2002, 116 Stat.
2093, provided that: ‘‘This title [see Tables for classification] may be cited as the ‘Maritime Policy Improvement Act of 2002’.’’
SHORT TITLE OF 1999 AMENDMENT
Pub. L. 106–65, div. C, title XXXVI, § 3601, Oct. 5, 1999,
113 Stat. 975, provided that: ‘‘This title [see Tables for
classification] may be cited as the ‘Maritime Administration Authorization Act for Fiscal Year 2000’.’’
SHORT TITLE OF 1998 AMENDMENT
Pub. L. 105–277, div. C, title II, § 201, Oct. 21, 1998, 112
Stat. 2681–616, provided that: ‘‘This title [see Tables for
classification] may be cited as the ‘American Fisheries
Act’.’’
SHORT TITLE OF 1996 AMENDMENT
Pub. L. 104–324, title VI, § 601, Oct. 19, 1996, 110 Stat.
3927, provided that: ‘‘This title [see Tables for classification] may be cited as the ‘Coast Guard Regulatory
Reform Act of 1996’.’’
Pub. L. 104–297, title III, § 301, Oct. 11, 1996, 110 Stat.
3615, provided that: ‘‘This title [see Tables for classification] may be cited as the ‘Fisheries Financing
Act’.’’
Pub. L. 104–239, § 1, Oct. 8, 1996, 110 Stat. 3118, provided
that: ‘‘This Act [see Tables for classification] may be
cited as the ‘Maritime Security Act of 1996’.’’
SHORT TITLE OF 1993 AMENDMENT
Pub. L. 103–206, title V, § 501, Dec. 20, 1993, 107 Stat.
2439, provided that: ‘‘This title [see Tables for classification] may be cited as the ‘Passenger Vessel Safety
Act of 1993’.’’
SHORT TITLE OF 1992 AMENDMENT
Pub. L. 102–587, title V, § 5301, Nov. 4, 1992, 106 Stat.
5081, provided that: ‘‘This subtitle [subtitle C
(§§ 5301–5305) of title V of Pub. L. 102–587, see Tables for
classification] may be cited as the ‘Abandoned Barge
Act of 1992’.’’
SHORT TITLE OF 1990 AMENDMENT
Pub. L. 101–595, title VI, § 601, Nov. 16, 1990, 104 Stat.
2990, provided that: ‘‘This title [see Tables for classification] may be cited as the ‘Aleutian Trade Act of
1990’.’’
SHORT TITLE OF 1988 AMENDMENT
Pub. L. 100–424, § 1, Sept. 9, 1988, 102 Stat. 1585, provided that: ‘‘This Act [see Tables for classification]
may be cited as the ‘Commercial Fishing Industry Vessel Safety Act of 1988’.’’

§ 102

TITLE 46—SHIPPING

Pub. L. 100–418, title X, § 10001, Aug. 23, 1988, 102 Stat.
1570, provided that: ‘‘This subtitle [subtitle A
(§§ 10001–10003) of title X of Pub. L. 100–418, see Tables
for classification] may be cited as the ‘Foreign Shipping Practices Act of 1988’.’’
Pub. L. 100–239, § 1, Jan. 11, 1988, 101 Stat. 1778, provided that: ‘‘This Act [see Tables for classification]
may be cited as the ‘Commercial Fishing Industry Vessel Anti-Reflagging Act of 1987’.’’
SHORT TITLE OF 1986 AMENDMENT
Pub. L. 99–626, § 1, Nov. 7, 1986, 100 Stat. 3504, provided
that: ‘‘This act [see Tables for classification] may be
cited as the ‘Recreational Boating Safety Act of 1986’.’’
SHORT TITLE OF 1984 AMENDMENT
Pub. L. 98–498, title II, § 210, Oct. 19, 1984, 98 Stat. 2303,
provided that: ‘‘This subtitle [subtitle A (§§ 210–214) of
title II of Pub. L. 98–498, see Tables for classification]
may be cited as the ‘Maritime Safety Act of 1984’.’’
Pub. L. 98–364, title IV, § 401, July 17, 1984, 98 Stat. 445,
provided that: ‘‘This title [see Tables for classification]
may be cited as the ‘Commercial Fishing Industry Vessel Act’.’’
SHORT TITLE OF 1981 AMENDMENT
Pub. L. 97–31, § 1, Aug. 6, 1981, 95 Stat. 151, provided:
‘‘That this Act [see Tables for classification] may be
cited as the ‘Maritime Act of 1981’.’’
SHORT TITLE OF 1976 AMENDMENT
Pub. L. 94–372, § 1, July 31, 1976, 90 Stat. 1042, provided:
‘‘That this Act [see Tables for classification] may be
cited as the ‘Negotiated Shipbuilding Contracting Act
of 1976’.’’

son, means an individual who is a national of
the United States as defined in section 101(a)(22)
of the Immigration and Nationality Act (8
U.S.C. 1101(a)(22)).
(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1486.)
HISTORICAL AND REVISION NOTES
Revised
Section
104 .............

Source (U.S. Code)

Source (Statutes at Large)

46:2101(3a).

The words ‘‘when used in reference to a natural person’’ are added because of provisions in the title which
treat entities as citizens. The words ‘‘or an individual
citizen of the Trust Territory of the Pacific Islands who
is exclusively domiciled in the Northern Mariana Islands within the meaning of section 1005(e) of the Covenant to Establish a Commonwealth of the Northern
Mariana Islands in Political Union with the United
States of America (48 U.S.C. 1801 note)’’ are omitted because the Covenant referred to became effective November 4, 1986, making citizens of the Northern Mariana Islands citizens or non-citizen nationals of the
United States.

§ 105. Consular officer
In this title, the term ‘‘consular officer’’
means an officer or employee of the United
States Government designated under regulations to issue visas.
(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1486.)
HISTORICAL AND REVISION NOTES

SHORT TITLE OF 1970 AMENDMENT
Pub. L. 91–469, § 44, Oct. 21, 1970, 84 Stat. 1039, provided
that: ‘‘This Act [see Tables for classification] may be
cited as the ‘Merchant Marine Act of 1970’.’’

Page 12

Revised
Section
105 .............

Source (U.S. Code)

Source (Statutes at Large)

46:2101(6).

SHORT TITLE OF 1936 AMENDMENT
Act June 29, 1936, ch. 858, title IX, § 906, 49 Stat. 2016,
as amended by Pub. L. 109–304, § 19, Oct. 6, 2006, 120 Stat.
1710, provided that: ‘‘This Act [see Tables for classification] may be cited as the Merchant Marine Act, 1936.’’

§ 102. Barge
In this title, the term ‘‘barge’’ means a nonself-propelled vessel.

§ 106. Documented vessel
In this title, the term ‘‘documented vessel’’
means a vessel for which a certificate of documentation has been issued under chapter 121 of
this title.
(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1486.)
HISTORICAL AND REVISION NOTES

(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1486.)
HISTORICAL AND REVISION NOTES
Revised
Section
102 .............

Source (U.S. Code)

Source (Statutes at Large)

Revised
Section
106 .............

In 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).1

HISTORICAL AND REVISION NOTES

103 .............

46:2101(10).

In 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).
(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1487.)

(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1486.)

Source (U.S. Code)

Source (Statutes at Large)

§ 107. Exclusive economic zone

46:2101(2).

§ 103. Boundary Line

Revised
Section

Source (U.S. Code)

HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

Source (Statutes at Large)
107 .............

46:2101(10a).

46:2101(3).

§ 108. Fisheries
§ 104. Citizen of the United States
In this title, the term ‘‘citizen of the United
States’’, when used in reference to a natural per1 So

in original. Probably should be ‘‘(33 U.S.C. 151(b)).’’.

In 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

Page 13

navigable waters of the United States or in the
exclusive economic zone.

(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1487.)
HISTORICAL AND REVISION NOTES

(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1487.)
HISTORICAL AND REVISION NOTES
Revised
Section
108 .............

§ 115

TITLE 46—SHIPPING

Source (U.S. Code)

Source (Statutes at Large)

46:12101(a)(1).

Revised
Section
111 .............

Source (U.S. Code)

Source (Statutes at Large)

46:2101(17b).

§ 112. State

§ 109. Foreign commerce or trade

In 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.

(a) IN GENERAL.—In this title, the terms ‘‘foreign commerce’’ and ‘‘foreign trade’’ mean commerce or trade between a place in the United
States and a place in a foreign country.
(b) CAPITAL CONSTRUCTION FUNDS AND CONSTRUCTION-DIFFERENTIAL SUBSIDIES.—In the context of capital construction funds under chapter
535 of this title, and in the context of construction-differential subsidies under title V of the
Merchant Marine Act, 1936, the terms ‘‘foreign
commerce’’ and ‘‘foreign trade’’ also include, in
the case of liquid and dry bulk cargo carrying
services, trading between foreign ports in accordance with normal commercial bulk shipping
practices in a manner that will permit bulk vessels of the United States to compete freely with
foreign bulk vessels in their operation or competition for charters, subject to regulations prescribed by the Secretary of Transportation.

In this title, the term ‘‘undocumented’’ means
not having and not required to have a certificate
of documentation issued under chapter 121 of
this title.

(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1487.)

(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1487.)

HISTORICAL AND REVISION NOTES

HISTORICAL AND REVISION NOTES

Revised
Section
109 .............

Source (U.S. Code)
46 App.:1244(a).

Source (Statutes at Large)
June 29, 1936, ch. 858, title
IX, § 905(a), 49 Stat. 2016;
June 23, 1938, ch. 600,
§ 39(a), 52 Stat. 964; Pub. L.
91–469, § 28, Oct. 21, 1970, 84
Stat. 1034; Pub. L. 92–402,
§ 2, Aug. 22, 1972, 86 Stat.
617;
Pub.
L.
97–31,
§ 12(133)(A), Aug. 6, 1981, 95
Stat. 165.

In subsection (a), the words ‘‘its Territories or possessions, or the District of Columbia’’ are omitted because
of the definition of ‘‘United States’’ in this chapter.
REFERENCES IN TEXT
The Merchant Marine Act, 1936, referred to in subsec.
(b), is act June 29, 1936, ch. 858, 49 Stat. 1985. Title V of
the Act enacted provisions set out as notes under section 53101 of this title. For complete classification of
this Act to the Code, see Short Title of 1936 Amendment note set out under section 101 of this title and
Tables.

(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1487.)
HISTORICAL AND REVISION NOTES
Revised
Section
112 .............

In this title, the term ‘‘foreign vessel’’ means
a vessel of foreign registry or operated under the
authority of a foreign country.

46:2101(36).

Revised
Section
113 .............

Source (U.S. Code)

Revised
Section
110 .............

Source (U.S. Code)

Source (Statutes at Large)

Source (Statutes at Large)

46:2101(41).

The words ‘‘certificate of documentation’’ are substituted for ‘‘document’’ for consistency with chapter
121.

§ 114. United States
In this title, the term ‘‘United States’’, when
used in a geographic sense, means the States 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.
(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1487.)
HISTORICAL AND REVISION NOTES

114 .............

Source (U.S. Code)
46:2101(44).
46 App.:1244(g).

(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1487.)
HISTORICAL AND REVISION NOTES

Source (Statutes at Large)

§ 113. Undocumented

Revised
Section

§ 110. Foreign vessel

Source (U.S. Code)

Source (Statutes at Large)

June 29, 1936, ch. 858, title
IX, § 905(g), 49 Stat. 2016;
as added Pub. L. 96–453,
§ 3(b), Oct. 15, 1980, 94 Stat.
2008.

The language in 46 App. U.S.C. 1244(g) relating to the
areas and installations in the Republic of Panama is
omitted because those areas and installations were
turned over to Panama by the end of 1999.

46:2101(12).

§ 111. Numbered vessel
In this title, the term ‘‘numbered vessel’’
means a vessel for which a number has been issued under chapter 123 of this title.

§ 115. Vessel
In this title, the term ‘‘vessel’’ has the meaning given that term in section 3 of title 1.
(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1487.)

§ 116

TITLE 46—SHIPPING
HISTORICAL AND REVISION NOTES

Revised
Section

Source (U.S. Code)

115 .............

Source (Statutes at Large)

46:2101(45).

§ 116. Vessel of the United States
In 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.
(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1488.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

116 .............

Source (Statutes at Large)

46:2101(46).

CHAPTER 3—FEDERAL MARITIME
COMMISSION
Sec.

301.
302.
303.
304.
305.
306.
307.

General organization.
Quorum.
Record of meetings and votes.
Delegation of authority.
Regulations.
Annual report.
Expenditures.

Page 14

(ii) appoint the heads of major organizational units, but only after consultation
with the other Commissioners;
(iii) distribute the business of the Commission among personnel and organizational units;
(iv) supervise the expenditure of money
for administrative purposes; and
(v) assign Commission personnel, including Commissioners, to perform duties and
powers delegated by the Commission under
section 304 of this title.
(B) NONAPPLICATION.—Subparagraph (A)
(other than clause (v)) does not apply to personnel employed regularly and full-time in
the offices of Commissioners other than the
Chairman.
(4) DELEGATION.—The Chairman may designate officers and employees under the Chairman’s jurisdiction to perform duties and powers of the Chairman, subject to the Chairman’s
supervision and direction.
(d) SEAL.—The Commission shall have a seal
which shall be judicially recognized.
(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1488.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

301(a) .........

46 App.:1111 note.

301(b) .........

46 App.:1111 note.

§ 301. General organization
(a) ORGANIZATION.—The Federal Maritime
Commission is an independent establishment of
the United States Government.
(b) COMMISSIONERS.—
(1) COMPOSITION.—The Commission is composed of 5 Commissioners, appointed by the
President by and with the advice and consent
of the Senate. Not more than 3 Commissioners
may be appointed from the same political
party.
(2) TERMS.—The term of each Commissioner
is 5 years, with each term beginning one year
apart. An individual appointed to fill a vacancy is appointed only for the unexpired term
of the individual being succeeded. A vacancy
shall be filled in the same manner as the original appointment. When the term of a Commissioner ends, the Commissioner may continue
to serve until a successor is appointed and
qualified.
(3) REMOVAL.—The President may remove a
Commissioner for inefficiency, neglect of
duty, or malfeasance in office.
(c) CHAIRMAN.—
(1) DESIGNATION.—The President shall designate one of the Commissioners as Chairman.
(2) GENERAL AUTHORITY.—The Chairman is
the chief executive and administrative officer
of the Commission. In carrying out the duties
and powers of the Commission (other than
under paragraph (3)), the Chairman is subject
to the policies, regulatory decisions, findings,
and determinations of the Commission.
(3) PARTICULAR DUTIES.—
(A) IN GENERAL.—The Chairman shall—
(i) appoint and supervise officers and employees of the Commission;

46 App.:1111 note.
301(c) .........

46 App.:1111 note.
46 App.:1111 note.

301(d) .........

46 App.:1111(c) (related to seal).

Source (Statutes at Large)
Reorg. Plan No. 7 of 1961,
eff. Aug. 12, 1961, § 101, 75
Stat. 840.
Reorg. Plan No. 7 of 1961,
eff. Aug. 12, 1961, § 102(a),
(c), 75 Stat. 840; Pub. L.
88–426,
title
III,
§ 305(19)(A), Aug. 14, 1964,
78 Stat. 425.
Pub. L. 89–56, June 30, 1965,
79 Stat. 195.
Reorg. Plan No. 6 of 1949,
eff. Aug. 20, 1949, 63 Stat.
1069.
Reorg. Plan No. 7 of 1961,
eff. Aug. 12, 1961, §§ 102(b),
104, 105(d), 75 Stat. 840, 841.
June 29, 1936, ch. 858, title
II, § 201(c) (related to
seal), 49 Stat. 1986.

In subsection (a), the words ‘‘is an independent establishment’’ are substituted for ‘‘shall not be a part of
any executive department or under the authority of the
head of any executive department’’ for consistency
with other titles of the United States Code and to
eliminate unnecessary words.
In subsection (b)(2), the words ‘‘The term of each
Commissioner is 5 years, with each term beginning one
year apart’’ are substituted for the language about
terms in section 102(c) of Reorganization Plan No. 7 of
1961 (46 App. U.S.C. 1111 note) and the Act of June 30,
1965 (Pub. L. 89–56, 79 Stat. 195), for clarity and to eliminate executed and obsolete language.
In subsection (c), section 104 of Reorganization Plan
No. 7 of 1961 is omitted as executed.
Subsection (c)(1) is based on section 102(b) of Reorganization Plan No. 7 of 1961. The words ‘‘from time to
time’’ are omitted as unnecessary.
Subsection (c)(2) is based on section 1 of Reorganization Plan No. 6 of 1949.
Subsection (c)(3) is based on section 2 of Reorganization Plan No. 6 of 1949 and section 105(d) of Reorganization Plan No. 7 of 1961.
Subsection (c)(4) is based on section 3 of Reorganization Plan No. 6 of 1949.

§ 302. Quorum
A vacancy or vacancies in the membership of
the Federal Maritime Commission do not impair