46 USC § 12136 - Surrender of certificates of documentation | Title 46 - Shipping | U.S. Code

USCPrelim is a preliminary release and may be subject to further revision before it is released again as a final version.

Current through Pub. L. 113-99. (See Public Laws for the current Congress.)

(a) Surrender.— An invalid certificate of documentation, or a certificate with an invalid endorsement, shall be surrendered as provided by regulations prescribed by the Secretary.

(b) Conditions for Surrender.—

(1) Vessels over 1,000 tons.— The Secretary may condition approval of the surrender of the certificate of documentation for a vessel over 1,000 gross tons.

(2) Vessels covered by mortgage.— The Secretary may approve the surrender of the certificate of documentation of a vessel covered by a mortgage filed or recorded under section 31321 of this title only if the mortgagee consents.

(3) Notice of lien.— The Secretary may not refuse to approve the surrender of the certificate of documentation for a vessel solely on the basis that a notice of a claim of a lien on the vessel has been recorded under section 31343 (a) of this title.

(c) Continued Application of Certain Laws.—

(1) In general.— Notwithstanding subsection (a), until the certificate of documentation is surrendered with the approval of the Secretary, a documented vessel is deemed to continue to be documented under this chapter for purposes of—

(A) chapter 313 of this title for an instrument filed or recorded before the date of invalidation and an assignment after that date;

(B) sections 56101 and 56102 (a)(2) andchapter 563 of this title; and

(C) any other law of the United States identified by the Secretary by regulation as a law to which the Secretary applies this subsection.

(2) Exception.— This subsection does not apply when a vessel is forfeited or sold by order of a district court of the United States.

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(a) Surrender.— An invalid certificate of documentation, or a certificate with an invalid endorsement, shall be surrendered as provided by regulations prescribed by the Secretary.

(b) Conditions for Surrender.—

(1) Vessels over 1,000 tons.— The Secretary may condition approval of the surrender of the certificate of documentation for a vessel over 1,000 gross tons.

(2) Vessels covered by mortgage.— The Secretary may approve the surrender of the certificate of documentation of a vessel covered by a mortgage filed or recorded under section 31321 of this title only if the mortgagee consents.

(3) Notice of lien.— The Secretary may not refuse to approve the surrender of the certificate of documentation for a vessel solely on the basis that a notice of a claim of a lien on the vessel has been recorded under section 31343 (a) of this title.

(c) Continued Application of Certain Laws.—

(1) In general.— Notwithstanding subsection (a), until the certificate of documentation is surrendered with the approval of the Secretary, a documented vessel is deemed to continue to be documented under this chapter for purposes of—

(A) chapter 313 of this title for an instrument filed or recorded before the date of invalidation and an assignment after that date;

(B) sections 56101 and 56102 (a)(2) andchapter 563 of this title; and

(C) any other law of the United States identified by the Secretary by regulation as a law to which the Secretary applies this subsection.

(2) Exception.— This subsection does not apply when a vessel is forfeited or sold by order of a district court of the United States.

Source

(Pub. L. 109–304, § 5,Oct. 6, 2006, 120 Stat. 1506.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
12136(a)
46:12111(b).
12136(b)(1)
46:12111(d)(2).
12136(b)(2)
46:12111(c)(3).
12136(b)(3)
46:12111(d)(1).
12136(c)(1)
46:12111(c)(1).
12136(c)(2)
46:12111(c)(2).

In subsection (a), the words “or a certificate with an invalid endorsement” are added for clarity.

Documentation Surrender and Invalidation

Pub. L. 101–225, title III, § 301(b),Dec. 12, 1989, 103 Stat. 1922, provided that: “Section 12111 (c)(3) [now section 12136 (b)(2)] of title 46, United States Code, does not apply to a mortgage that—

“(1) was filed or recorded before January 1, 1989; and

“(2) was not a preferred mortgage (as that term is defined in section 31301(6) of that title) on that date.”

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Friday, May 3, 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.

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"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].

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General Reference

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

46 USC § 12136 - Surrender of certificates of documentation

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