1625-0028 Stat/Authority

Page 29

§ 2107

TITLE 46—SHIPPING

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.)
HISTORICAL AND REVISION NOTES
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
2104 ..............................................

Source section (U.S. Code)
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
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.

§ 2105. Report
The Secretary shall provide for the investigation of the operation of this subtitle and of all
laws related to marine safety, and shall require
that a report be made to the Secretary annually
about those matters that may require improvement or amendment.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 506.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

2105 ..............................................

46:4

Section 2105 requires the Secretary to investigate the
operation of this subtitle and all laws related to maritime safety and requires appropriate reports to ensure
that the Secretary is attentive to all the shipping laws
under the Secretary’s superintendence.

§ 2106. Liability in rem
When a vessel is made liable in rem under this
subtitle, the vessel may be libeled and proceeded
against in the district court of the United States
for any district in which the vessel is found.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 506; Pub. L.
109–304, § 15(4), Oct. 6, 2006, 120 Stat. 1702.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

2106 ..............................................

46:170(14)
46:216e(e)
46:390d
46:391a(14)(C)
46:436
46:462
46:481(c)
46:497
46:526o
46:672(j)
46:1484(b)

Section 2106 provides that when a vessel is made liable in rem the vessel may be libeled and proceeded
against in a United States district court.
AMENDMENTS
2006—Pub. L. 109–304 substituted ‘‘the district court of
the United States for any district’’ for ‘‘a district court
of the United States’’.

§ 2107. Civil penalty procedures
(a) After notice and an opportunity for a hearing, a person found by the Secretary to have vio-