46a USC Rule - Reports required of United States vessels rebuilt abroad; penalty for failure to report; mitigation of penalty

If any vessel of more than five hundred gross tons as measured under section 14502 of title 46, or an alternate tonnage measured under section 14302 of that title as prescribed by the Secretary under section 14104 of that title documented under the laws of the United States, or last documented under such laws, is rebuilt, and any part of the rebuilding, including the construction of major components of the hull and superstructure of the vessel, is not effected within the United States, its Territories (not including trust territories) or its possessions, a report of the circumstances of such rebuilding shall be made to the Secretary of the Treasury, upon the first arrival of the vessel thereafter at a port within the customs territory of the United States, if rebuilt outside the United States, its Territories (not including trust territories), or its possessions, or, in any other case, upon completion of the rebuilding, in accordance with such regulations as the Secretary may prescribe. If the required report is not made, the vessel, together with its tackle, apparel, equipment, and furniture, shall be forfeited, and the master and owner shall each be liable to a penalty of $200. Any penalty or forfeiture incurred under this Act may be remitted or mitigated by the Secretary under the provisions of section 2107 (b) of title 46.

Source

(July 14, 1956, ch. 600, § 2,70 Stat. 544; Pub. L. 86–583, § 2,July 5, 1960, 74 Stat. 321; Pub. L. 104–324, title VII, § 707,Oct. 19, 1996, 110 Stat. 3934.)

References in Text

This Act, referred to in text, means act July 14, 1956, ch. 600, 70 Stat. 544, as amended, which enacted sections 883a, and 883b of this Appendix, amended section 883 of this Appendix, and enacted provisions set out as a note under section 883 of this Appendix. For complete classification of this Act to the Code, see Tables.

Codification

“Section 2107 (b) of title 46” substituted in text for “section 5294 of the Revised Statutes of the United States, as amended (U.S.C., title 46, sec. 7)” on authority of Pub. L. 98–89, § 2(b),Aug. 26, 1983, 97 Stat. 598, section 1 of which enacted Title 46, Shipping.

Section was enacted as part of act July 14, 1956, and not as part of act June 5, 1920, ch. 250, 41 Stat. 988, known as the Merchant Marine Act, 1920, which comprises this chapter.

Amendments

1996—Pub. L. 104–324inserted “as measured under section 14502 of title 46, or an alternate tonnage measured under section 14302 of that title as prescribed by the Secretary under section 14104 of that title” after “five hundred gross tons”.

1960—Pub. L. 86–583provided for a report of the rebuilding of any part of the vessel, including the construction of major components of the hull and superstructure of the vessel, and for a report upon completion of the rebuilding in certain cases.

Effective Date of 1960 Amendment

Amendment by Pub. L. 86–583effective July 5, 1960, and effect on rebuilding contracts executed before such date, see section 4 ofPub. L. 86–583, set out as a note under section 883 of this Appendix.

Effective Date

Section effective July 14, 1956, see section 4 of act July 14, 1956, set out as an Effective Date of 1956 Amendment note under section 883 of this Appendix.

Regulations

Secretary of the Treasury to prescribe regulations to carry out the purposes of this section, see section 3 ofPub. L. 86–583, set out as a note under section 883 of this Appendix.