1625-0078 Stat/Authority

Page 483

§ 2104

TITLE 46—SHIPPING

§ 2102. Limited definitions

Historical and Revision Notes

In chapters 33, 45, 51, 81, and 87 of this title,
“Aleutian trade” means the transportation of cargo (including fishery related products) for hire on
board a fish tender vessel to or from a place in
Alaska west of 153 degrees west longitude and
east of 172 degrees east longitude, if that place
receives weekly common carrier service by water,
to or from a place in the United States (except a
place in Alaska).
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 505; Pub. L.
98–369, div. A, title X, § 1011(a), July 18, 1984, 98
Stat. 1013; Pub. L. 99–509, title V, § 5102(b)(2), Oct.
21, 1986, 100 Stat. 1926; Pub. L. 101–595, title VI,
§ 602(a), Nov. 16, 1990, 104 Stat. 2990; Pub. L. 109–304,
§§ 15(3), 16(a), Oct. 6, 2006, 120 Stat. 1702, 1705.)
Historical and Revision Notes
Revised section

Source section (U.S. Code)

2102 ..................................... 46:1452(10)–(14)

Section 2102 contains a number of definitions that are
limited to recreational vessels in Chapter 43 of Part B
and the numbering of these vessels in Chapter 123 of
Part H.
Amendments
2006—Pub. L. 109–304 redesignated subsec. (b) as entire
section, substituted “west” for “West” and “east” for
“East”, and struck out subsec. (a) which defined “eligible State”, “State”, “United States”, and “State recreational boating safety program” in chapters 37, 43, 51,
and 123 of this title and part I of this subtitle.
1990—Pub. L. 101–595 designated existing provisions as
subsec. (a) and added subsec. (b).
1986—Pub. L. 99–509 inserted reference to chapters 37
and 51.
1984—Par. (1). Pub. L. 98–369, § 1011(a)(1), struck out
“and facilities improvement” after “recreational boating
safety”.
Par. (3). Pub. L. 98–369, § 1011(a)(2), (3), redesignated
par. (5) as (3) and struck out former par. (3) which defined a State recreational boating facilities improvement
program.
Par. (4). Pub. L. 98–369, § 1011(a)(2), struck out par. (4)
which defined State recreational boating safety and facilities improvement program.
Par. (5). Pub. L. 98–369, § 1011(a)(3), redesignated par.
(5) as (3).

Revised section

Source section (U.S. Code)

2103 ..................................... 46:2
46:372
46:689

Section 2103 provides the Secretary with the authority
to superintend the merchant marine and those involved
personnel insofar as the vessels and personnel are not
subject, under other laws, to the supervision of another
official. The Secretary has the duty to enforce the laws
with respect to vessels and seamen and to carry out correctly and uniformly these laws and regulations. The
term “superintendence” is used to indicate the Secretary’s broad responsibility for overseeing maritime safety and seamen’s welfare, including employment, shipping,
navigation, and protection of the marine environment.
Amendments
1986—Pub. L. 99–307 substituted “subtitle. The Secretary may prescribe regulations to carry out the provisions of this subtitle” for “subtitle and regulations prescribed under this subtitle”.

§ 2104. Delegation
(a) The Secretary may delegate the duties and
powers conferred by this subtitle to any officer,
employee, or member of the Coast Guard, and may
provide for the subdelegation of those duties and
powers.
(b) When this subtitle authorizes an officer or
employee of the Customs Service to act in place
of a Coast Guard official, the Secretary may designate that officer or employee subject to the approval of the Secretary of the Treasury.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 506.)
Historical and Revision Notes
Revised section

Source section (U.S. Code)

2104 ..................................... 46:65v(1)
46:382b
46:416
46:543
46:689

Section 2104 provides the Secretary with authority to
delegate duties and powers to others. It also contains the
authority to designate an officer or employee of the United
States Customs Service to act in the place of a Coast
Guard official.
Transfer of Functions

Effective Date of 1984 Amendment
Amendment by Pub. L. 98–369 effective Oct. 1, 1984, to
apply with respect to fiscal years beginning after Sept.
30, 1984, see section 1013 of Pub. L. 98–369, set out as a
note under section 13101 of this title.

§ 2103. Superintendence of the merchant marine
The Secretary has general superintendence over
the merchant marine of the United States and of
merchant marine personnel insofar as the enforcement of this subtitle is concerned and insofar as
those vessels and personnel are not subject, under
other law, to the supervision of another official of
the United States Government. In the interests of
marine safety and seamen’s welfare, the Secretary shall enforce this subtitle and shall carry
out correctly and uniformly administer this subtitle. The Secretary may prescribe regulations to
carry out the provisions of this subtitle.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 506; Pub. L.
99–307, § 9, May 19, 1986, 100 Stat. 447.)

For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities and
functions of the Secretary of Transportation relating
thereto, to the Department of Homeland Security, and
for treatment of related references, see sections 468(b),
551(d), 552(d), and 557 of Title 6, Domestic Security, and
the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note
under section 542 of Title 6.
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related
references, see sections 203(1), 551(d), 552(d), and 557 of
Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002,
as modified, set out as a note under section 542 of Title 6.
For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as
if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L.
114–125, and section 802(b) of Pub. L. 114–125, set out as a
note under section 211 of Title 6.