46a USC Chapter 23 - SHIPPING ACT | LII / Legal Information Institute

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Sec. 801. Definitions. 802. Corporation, partnership, or association as citizen. (a) Ownership of controlling interest. (b) Determination of controlling interest. (c) Determination of seventy-five per centum of interest. 803. Applicability of chapter to receivers and trustees. 804a. Omitted. 808. Registration, enrollment, and licensing of vessels purchased, chartered, or leased; unlawful transactions; penalties. (a) Repealed. (b) Necessity of registration, etc., for operation; laws, regulations, and liabilities applicable. (c) Sale, lease, etc., to foreign persons; foreign registry or operation. (d) Validity of unlawful charter, sale, etc.; penalties. (e) Placement in foreign registry without approval of Secretary. (f) Approval of certain vessel transactions before documentation of vessel. 808a. Sale, chartering, leasing, mortgaging or transferring of documented vessels without approval of Secretary. 811. Investigations as to cost of merchant vessels. 817d. Financial responsibility of owners and charterers for death or injury to passengers or other persons. (a) Amount; method of establishment. (b) Issuance of bond when filed with Commission. (c) Civil penalties for violations; remission or mitigation of penalties. (d) Rules and regulations. (e) Refusal of departure clearance. 817e. Financial responsibility for indemnification of passengers for nonperformance of transportation. (a) Filing of information or bond with Commission. (b) Issuance of bond when filed with Commission; amount of bond. (c) Civil penalties for violations; remission or mitigation of penalties. (d) Rules and regulations. (e) Refusal of departure clearance. 833. Partial invalidity of chapter as not affecting remainder. 834. Refusal of clearance to vessel refusing to accept freight. 835. Restrictions on transfer of shipping facilities during war or national emergency. 836. Forfeitures. 837. Prima facie evidence. 839. Approvals by Secretary. 842. Short title.

Repeals

Subtitle IV (§ 10101 et seq.) of Title 49, Transportation (containing the codification of part III of the Interstate Commerce Act, as added by Act Sept. 18, 1940, ch. 722, title II, § 201,54 Stat. 929, which was classified to sections 901 to 923 of former Title 49), provides for the regulation of rates and services of water carriers by the Interstate Commerce Commission, thereby substantially superseding certain sections of this and the following chapters. In this connection section 920(a)–(d) of former Title 49 provided:

“(a) The Shipping Act of 1916, as amended [section 801 et seq. of this Appendix], and the Intercoastal Shipping Act, 1933, as amended [section 843 et seq. of this Appendix], are repealed insofar as they are inconsistent with any provision of this chapter [section 901 et seq. of former Title 49, Transportation] and insofar as they provide for the regulation of, or the making of agreements relating to, transportation of persons or property by water in commerce which is within the jurisdiction of the Commission under the provisions of this chapter; and any other provisions of law are hereby repealed insofar as they are inconsistent with any provision of this chapter.

“(b) Nothing in subsection (a) of this section shall be construed to repeal—

“(1) section 1115 of Title 46 [46 App. U.S.C. 1115], or any provision of law providing penalties for violations of said section;

“(2) the third sentence of section 844 of Title 46 [46 App. U.S.C. 844], as extended by section 845b of Title 46 [46 App. U.S.C. 845b], or any provision of law providing penalties for violations of section 844 of Title 46;

“(3) the provisions of the Shipping Act of 1916, as amended [section 801 et seq. of this Appendix], insofar as such Act provides for the regulation of persons included within the term ‘other person subject to this Act’, as defined in such Act;

“(4) sections 883 and 884 of Title 46 [46 App. U.S.C. 883, 884].

“(c) Nothing in subsection (a) of this section shall be construed to affect the provisions of section 814 of Title 46 [46 App. U.S.C. 814] so as to prevent any water carrier subject to the provisions of this chapter from entering into any agreement under the provisions of said section with respect to transportation not subject to the provisions of this chapter in which such carrier may be engaged.

“(d) Nothing in this chapter shall be construed to affect any law of navigation, the admiralty jurisdiction of the courts of the United States, liabilities of vessels and their owners for loss or damage, or laws respecting seamen, or any other maritime law, regulation, or custom not in conflict with the provisions of this chapter.”

The table below lists the classification updates, since Jan. 3, 2012, for the contained sections. If there are multiple sections, they are presented in section number order (original document order).

The most recent Classification Table update that we have noticed was Tuesday, May 21, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

How To Use

Multiple entries for a section are listed most recent first, within the section.

The Session Year indicates which session of Congress was responsible for the changes classified. The Congress number forms the first part of the Public Law number; each Congress has two sessions.

Abbreviations used in the Description of Change column:

An empty field implies a standard amendment.
"new" means a new section or new note, or all new text of an existing section or note.
"nt" means note.
"nt [tbl]" means note [table].
"prec" means preceding.
"fr" means a transfer from another section.
"to" means a transfer to another section.
"omitted" means the section is omitted.
"repealed" means the section is repealed.
"nt ed change" and "ed change" - See the Editorial Classification Change Table [pdf].

The Public Law field is linked to the development of the law in the Thomas system at the Library of Congress.

The Statutes at Large field is linked to the text of the law, in the context of its volume of the Statutes at Large, at the Government Printing Office. Please note that it takes a while for these pages to get posted, so for very recent legislation, you need to look at the "enrolled" version at the Thomas site.

The Statutes at Large references have been rendered in the format used as page numbers in the Public Law web pages to which we link, to facilitate copy-paste into browser "find on this (web) page" tools. We are still working on a more direct link facility.

For serious comparison work, we suggest copying all or a portion of the Public Law text into your favorite text editor, for convenient content traversal and window control.

Sections with change type "new" are a special case, still under development. All are now listed, at the title level only.

You will find that occassionally a specific update you notice in a Public Law listed in a classification table will already have made it into the Code. We assume this is an artifact of the LRC edit process. The LII does not edit the LRC content.

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General Reference

Refer to the LRC (Law Revision Council) for explanations about the US Code from the folks who put it all together.

You can look for information about what it is and is not, which titles are positive law, the schedule of Supplements, etc. Under download you can find the source data we use here (GPO locator files), as well as, PDF files that look just like the paper books (these may be rather large).

Refer to the Thomas site for changes that have not yet made it into the classification tables.

46a USC	Description of Change	Session Year	Public Law	Statutes at Large

46a USC Chapter 23 - SHIPPING ACT

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