US (United States) Code. Title 46. Subtitle II. Part H. Chapter 125: Vessel indentification system

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Shipping

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-CITE-

46 USC CHAPTER 125 - VESSEL IDENTIFICATION SYSTEM 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part H - Identification of Vessels

CHAPTER 125 - VESSEL IDENTIFICATION SYSTEM

-HEAD-

CHAPTER 125 - VESSEL IDENTIFICATION SYSTEM

-MISC1-

Sec.

12501. Establishment of a vessel identification system.

12502. Identification numbers, signal letters, and markings.

12503. Information available to the system.

12504. Information available from the system.

12505. Fees.

12506. Delegation of authority.

12507. Penalties.

HISTORICAL AND REVISION NOTES

Section 101 of H.R. 3105, as amended, adds a new chapter 125 to

title 46, United States Code, to establish a vessel identification

system for all vessels of the United States. This would include

vessels documented under chapter 121 of title 46, numbered under

chapter 123 of that title, or titled under the law of a State. This

new chapter consists of new sections 12501-12507 as follows.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 31321, 31322 of this

title; title 33 sections 1321, 2602.

-End-

-CITE-

46 USC Sec. 12501 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part H - Identification of Vessels

CHAPTER 125 - VESSEL IDENTIFICATION SYSTEM

-HEAD-

Sec. 12501. Establishment of a vessel identification system

-STATUTE-

(a) The Secretary of Transportation shall establish a vessel

identification system to make available information under section

12503 of this title for use by the public for law enforcement and

other purposes relating to -

(1) the ownership of documented vessels;

(2) the ownership of vessels numbered under chapter 123 of this

title; and

(3) the ownership of vessels titled under the law of a State.

(b) The vessel identification system shall include information

prescribed by the Secretary including -

(1) identifying a vessel;

(2) identifying the owner of the vessel, including -

(A) the owner's social security number or, if that number is

not available, other means of identification acceptable to the

Secretary; or

(B) for an owner other than an individual -

(i) the owner's taxpayer identification number; or

(ii) if the owner does not have a taxpayer identification

number, the social security number of an individual who is a

corporate officer, general partner, or individual trustee of

the owner and who signed the application for documentation or

numbering for the vessel;

(3) identifying the State in which it is titled or numbered;

(4) indicating whether the vessel is numbered or titled, or

both;

(5) if titled in a State, indicating where evidence of a lien

or other security interest may be found against the vessel in

that State; and

(6) information assisting law enforcement officials.

(c) The Secretary may maintain information under this chapter in

connection with any other information system maintained by the

Secretary.

-SOURCE-

(Pub. L. 100-710, title I, Sec. 101(a), Nov. 23, 1988, 102 Stat.

4735; Pub. L. 101-225, title III, Sec. 302(1), Dec. 12, 1989, 103

Stat. 1922; Pub. L. 101-595, title VI, Sec. 603(10), Nov. 16, 1990,

104 Stat. 2993.)

-MISC1-

HISTORICAL AND REVISION NOTES

Revised section 12501

Subsection (a) of section 12501 requires the Secretary of

Transportation to establish a system of information concerning

vessels of the United States for law enforcement and other

purposes. The Secretary is required to make available information

from the system relating to the ownership of vessels documented

under chapter 121 of title 46, numbered under chapter 123 of that

title, and titled under the law of a State. The information is

available under section 12503 for use by the public, similarly

under the Ship Mortgage Act, 1920.

Subsection (b) lists the vessel identification information which

is required to be maintained by the Secretary. The Secretary has

the authority to prescribe other information to be maintained in

addition to the items listed. For example, the Secretary may

identify vessels issued fisheries permits by the Department of

Commerce. The Secretary may also monitor transactions involving

vessels that require approval by the Secretary under section 9 of

the Shipping Act, 1916 (46 App. U.S.C. 808) before interest or

control in the vessel may be transferred to a noncitizen.

Subsection (c) clarifies that the Secretary has the flexibility

to maintain this system in connection with any other information

system maintained by the Secretary, including the Federal Aviation

Administration system containing aircraft ownership information.

This would also permit the Secretary to combine various systems and

data bases maintained by the Secretary such as documentation and

numbering of vessels, and safety, casualty, and law enforcement

statistics.

AMENDMENTS

1990 - Subsec. (b)(2)(A). Pub. L. 101-595 amended subpar. (A)

generally. Prior to amendment, subpar. (A) read as follows: "the

owner's social security number; or".

1989 - Subsec. (b)(2). Pub. L. 101-225 amended par. (2)

generally, adding subpars. (A) and (B).

EFFECTIVE DATE

Chapter effective Jan. 1, 1989, with certain exceptions and

qualifications, see section 107 of Pub. L. 100-710, set out as a

note under section 30101 of this title.

RECORDS AND OTHER INFORMATION; ESTABLISHMENT, CENTRALIZATION AND

COMPUTERIZATION

Section 104(e)(2) of title I of Pub. L. 100-710 provided that:

"To establish, centralize, and computerize records and other

information maintained under chapters 121, 125, and 313 of title

46, United States Code, from the effective date of this title [Jan.

1, 1989, with certain exceptions and qualifications, see section

107 of Pub. L. 100-710, set out as a note under section 30101 of

this title] through September 30, 1993, the Secretary of

Transportation shall spend (out of amounts appropriated for the

Department of Transportation under an appropriations law) not less

than an amount that is equal to the amounts estimated to be -

"(A) collected under section 9701 of title 31, United States

Code, for fees paid for services and things of value provided

under chapter 313 of title 46, United States Code (as enacted by

section 101 of this Act), and for documenting vessels under

chapter 121 of title 46; and

"(B) transferred to or collected by the Secretary under chapter

125 of title 46, United States Code (as enacted by section 101 of

this Act)."

PERSONNEL AND EQUIPMENT; RECRUITMENT, COMPENSATION, TRAINING,

PURCHASING, OR DEPLOYMENT

Section 104(g) of Pub. L. 100-710 provided that: "Nothing in this

section [amending sections 2101, 2110, 12102, 12103, 12105, 12110,

12112, 12117, 12119, and 12120 of this title and sections 808,

1242, and 1271 of the Appendix to this title, and enacting

provisions set out as notes under sections 12501, 12502, and 12505

of this title] requires the Coast Guard to recruit, compensate,

train, purchase, or deploy any personnel or equipment to carry out

chapter 125 of title 46, United States Code (as enacted by section

101 of this Act), except to the extent that appropriations are made

available in an appropriations law for the Department of

Transportation."

[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.]

-End-

-CITE-

46 USC Sec. 12502 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part H - Identification of Vessels

CHAPTER 125 - VESSEL IDENTIFICATION SYSTEM

-HEAD-

Sec. 12502. Identification numbers, signal letters, and markings

-STATUTE-

(a) For the identification of a vessel of the United States, the

Secretary of Transportation -

(1) shall maintain a unique numbering system and assign a

number to each vessel of the United States;

(2) may maintain a system of signal letters for a documented

vessel;

(3) shall record a name selected by the owner of a documented

vessel approved by the Secretary as the vessel's name of record;

and

(4) may establish other identification markings.

(b) The manufacturer or owner of a vessel shall affix to the

vessel and maintain in the manner prescribed by the Secretary the

number assigned and any other markings the Secretary may require.

(c) Once a number is assigned under this section, it may not be

used by another vessel.

(d) Once a documented vessel's name is established, the name may

not be changed without the approval of the Secretary.

(e) A person may not tamper with or falsify a number or other

marking required under this section.

-SOURCE-

(Pub. L. 100-710, title I, Sec. 101(a), Nov. 23, 1988, 102 Stat.

4736.)

-MISC1-

HISTORICAL AND REVISION NOTES

Revised section 12502

Subsection (a) of this section requires the Secretary to maintain

a unique numbering system for vessels of the United States. The

Secretary may use existing vessel numbering systems such as the

hull identification number for this purpose, but must ensure that

no two existing vessels of the United States have the same number.

The Secretary should consider and propose the use of a 17-digit

number to implement this requirement. This subsection also requires

the Secretary to maintain a system of signal letters and to record

vessel names for documented vessels. The Secretary is authorized to

establish other vessel identification markings for vessels of the

United States, such as hailing ports.

Subsections (b), (c), (d), and (e) contain other requirements and

restrictions concerning vessel identification markings.

This section consolidates the requirements of sections 12114,

12115, 12116, and 12118 of title 46. For this reason, section 106

of this bill repeals those sections.

VESSELS NOT HAVING UNIQUE NUMBER; APPLICABILITY OF PROVISIONS FOR

NUMBER ASSIGNMENT

Section 104(f) of Pub. L. 100-710 provided that: "Section

12502(a)(1) of title 46, United States Code (as enacted by section

101 of this Act), applies to a vessel of the United States that

does not have a unique number as prescribed by the Secretary of

Transportation under that section until the earlier of the

following:

"(1) the next time the vessel is documented, numbered, or

titled.

"(2) January 1, 1995."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12507 of this title; title

33 section 2602.

-End-

-CITE-

46 USC Sec. 12503 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part H - Identification of Vessels

CHAPTER 125 - VESSEL IDENTIFICATION SYSTEM

-HEAD-

Sec. 12503. Information available to the system

-STATUTE-

(a) Except as provided in subsections (b) and (c) of this

section, a State or a State's delegee approved by the Secretary of

Transportation may make information available to the Secretary if,

in a manner and form prescribed by the Secretary, the State -

(1) identifies the vessel;

(2) identifies the owner of the vessel, including by -

(A) the owner's social security number or, if that number is

not available, other means of identification acceptable to the

Secretary; or

(B) for an owner other than an individual -

(i) the owner's taxpayer identification number; or

(ii) if the owner does not have a taxpayer identification

number, the social security number of an individual who is a

corporate officer, general partner, or individual trustee of

the owner and who signed the application for documentation or

numbering for the vessel;

(3) identifies the State in which it is titled or numbered;

(4) indicates whether the vessel is numbered or titled, or

both;

(5) if titled in a State, indicates where evidence of a lien or

other security interest may be found against the vessel in that

State;

(6) includes information to assist law enforcement; and

(7) includes other information agreed to by the Secretary and

the State.

(b) Except as provided in subsection (c) of this section, the

Secretary also may accept information under conditions and in a

manner and form prescribed by the Secretary.

(c) The Secretary shall -

(1) retain information on a vessel with a preferred mortgage

under section 31322(d) of this title that is no longer titled in

a State making information available to the Secretary under this

chapter until the mortgage is discharged or the vessel is sold;

and

(2) accept information under section 31321(h) of this title

only if that information cannot be provided to a State.

-SOURCE-

(Pub. L. 100-710, title I, Sec. 101(a), Nov. 23, 1988, 102 Stat.

4736; Pub. L. 101-225, title III, Sec. 302(2), Dec. 12, 1989, 103

Stat. 1922; Pub. L. 101-595, title VI, Sec. 603(10), Nov. 16, 1990,

104 Stat. 2993.)

-MISC1-

HISTORICAL AND REVISION NOTES

Revised section 12503

Subsection (a) of section 12503 allows a State or approved State

delegee to make vessel identification information available to the

Secretary. Participation in the system is voluntary on the part of

a State. A benefit to boat purchasers and financiers in States with

approved titling systems participating in this system is that

vessel mortgages or financing instruments made in those States are

deemed to be preferred mortgages under chapter 313 of title 46,

United States Code (as codified and enacted by this Act).

Under subsection (a), the Secretary may prescribe the manner and

form in which the information is made available by the States. In

this regard, the Committee intends that the Secretary employ the

most efficient, up-to-date computer technology in maintaining

information made available from the States to avoid duplication of

effort in maintaining information and to reduce the costs of the

system. In addition to the vessel identification information made

available by States under paragraphs (1)-(6), the Secretary and a

State may agree that the State make available other information.

For example, the purpose for which a vessel is routinely used would

be valuable information for the system.

The Committee intends that most of the information in the system

will become available directly and exclusively from the States to

the greatest extent possible. However, under subsection (b), the

Secretary may accept information from others under conditions and

in a manner and form prescribed by the Secretary. Thus, if the

Secretary discovers a valuable and reliable source of data that can

be conveniently made available to the system, the Secretary can

approve it.

Under paragraph (c)(1), the Secretary must maintain information

on a State-titled vessel with a preferred mortgage that moves to a

nonparticipating, nontitle State, until the mortgage is discharged

or the vessel is sold. Under paragraph (c)(2), the Secretary must

accept information submitted under section 31321 of title 46 (as

enacted by this Act) concerning a discharge of a preferred mortgage

on a vessel title under State law. This would be necessary if the

vessel moves to a nonparticipating State, and information on that

vessel would not be provided to the system by that State. This

subsection will allow the Secretary to keep the vessel information

system current on these matters and purge files no longer required

to be maintained.

AMENDMENTS

1990 - Subsec. (a)(2)(A). Pub. L. 101-595 amended subpar. (A)

generally. Prior to amendment, subpar. (A) read as follows: "the

owner's social security number; or".

1989 - Subsec. (a)(2). Pub. L. 101-225 amended par. (2)

generally, adding subpars. (A) and (B).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12501, 12504, 12505 of

this title.

-End-

-CITE-

46 USC Sec. 12504 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part H - Identification of Vessels

CHAPTER 125 - VESSEL IDENTIFICATION SYSTEM

-HEAD-

Sec. 12504. Information available from the system

-STATUTE-

For law enforcement or other purposes and under conditions

prescribed by the Secretary of Transportation, the Secretary -

(1) shall make available information in the vessel

identification system to a State making information available

under section 12503(a) of this title; and

(2) may make available information in the vessel identification

system to others.

-SOURCE-

(Pub. L. 100-710, title I, Sec. 101(a), Nov. 23, 1988, 102 Stat.

4736; Pub. L. 101-225, title III, Sec. 302(3), Dec. 12, 1989, 103

Stat. 1923.)

-MISC1-

HISTORICAL AND REVISION NOTES

Revised section 12504

This section requires that the Secretary make available

information maintained in the vessel identification system to a

State participating in the system for law enforcement or other

purposes. The Secretary may make available information in the

system to others, under conditions the Secretary may prescribe. At

first, the Secretary may elect to deal only with the States.

However, the Committee firmly expects that information will be made

available through computer terminals in satellite offices or direct

computer access by modem. In this manner, boating organizations or

financial or documentation services could retrieve data without

paper transactions for a fee.

AMENDMENTS

1989 - Pub. L. 101-225 substituted "Secretary of Transportation,

the Secretary" for "Secretary, the Secretary of Transportation".

-End-

-CITE-

46 USC Sec. 12505 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part H - Identification of Vessels

CHAPTER 125 - VESSEL IDENTIFICATION SYSTEM

-HEAD-

Sec. 12505. Fees

-STATUTE-

(a) The Secretary of Transportation may charge a fee under

section 9701 of title 31 for providing information to or requesting

information from the vessel identification system, except to -

(1) an agency; or

(2) a State making information available to the Secretary under

section 12503(a) of this title.

(b) The Secretary shall deposit amounts transferred or collected

under this section in the general fund of the Treasury as

proprietary receipts of the Secretary and ascribed to the vessel

identification system.

-SOURCE-

(Pub. L. 100-710, title I, Sec. 101(a), Nov. 23, 1988, 102 Stat.

4737; Pub. L. 101-595, title VI, Sec. 603(11), Nov. 16, 1990, 104

Stat. 2993.)

-MISC1-

HISTORICAL AND REVISION NOTES

Revised section 12505

This section contains the authority for the Secretary to charge a

fee under the user charge law, 31 U.S.C. 9701, for providing

information to or requesting information from the vessel

identification system. Fees may not be charged under this

subsection to an agency or a State that is participating in the

vessel identification system maintained by the Secretary.

Under subsection (b) of this section, the Secretary may collect

an annual fee of not more than $1.00 from the owner of a vessel of

the United States under 31 U.S.C. 9701 for the vessel

identification system. Since vessel owners will benefit from the

vessel identification system, such as from documentation of

ownership data and stolen vessel tracking, this fee is designed as

a maintenance charge to owners for this service. The collection of

the annual fee may be delayed by the Secretary, and an agency,

State, or person may be employed to collect the fee under

subsection (c). The Committee expects that the Secretary will make

agreements with States to collect this fee at the time of vessel

registrations. The term of these registrations varies from one to

three years as permitted by chapter 123 of title 46.

Under subsection (d) of this section, if a State is employed to

collect the fee, the State may retain one-half of the amounts

collected, and must transfer the remainder to the Secretary. The

amounts retained by a State may be used to cover the costs of

making vessel identification information available to the

Secretary. This includes upgrading or establishing titling systems

as well as making improvements and other changes to vessel

numbering systems to make information available. Because States are

allowed to make improvements to their vessel titling and numbering

systems with the amounts retained under this section, the costs of

those programs may decrease. This could result in a corresponding

decrease in State numbering fees and offset vessel identification

system fees paid by vessel owners.

AMENDMENTS

1990 - Subsec. (b). Pub. L. 101-595 redesignated subsec. (e) as

(b) and struck out former subsec. (b) which read as follows: "In

addition to any fee under subsection (a) of this section, the

Secretary may collect an annual fee of not more than $1.00 from the

owner of each vessel of the United States under section 9701 of

title 31 for maintaining the vessel identification system. However,

the collection of that fee may be delayed under conditions

prescribed by the Secretary."

Subsecs. (c), (d). Pub. L. 101-595 struck out subsecs. (c) and

(d) which read as follows:

"(c) The Secretary may employ any agency, State, or person to

collect the fee established under subsection (b) of this section.

"(d) If a State is employed to collect a fee under subsection (c)

of this section, the State may retain one-half of the amounts

collected. A State shall transfer one-half of the amounts collected

under subsection (b) of this section to the Secretary."

Subsec. (e). Pub. L. 101-595 redesignated subsec. (e) as (b).

Subsec. (f). Pub. L. 101-595 struck out subsec. (f) which read as

follows: "The amounts retained by a State under this section may be

used to make information available to the Secretary and to pay

incremental administrative costs."

ANNUAL FEE PRIOR TO JAN. 1, 1992

Section 104(e)(1) of Pub. L. 100-710 provided that: "Before

January 1, 1992, the annual fee under section 12505 of title 46,

United States Code (as enacted by section 101 of this Act), is

$1.00."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 12506, 12507 of this

title.

-End-

-CITE-

46 USC Sec. 12506 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part H - Identification of Vessels

CHAPTER 125 - VESSEL IDENTIFICATION SYSTEM

-HEAD-

Sec. 12506. Delegation of authority

-STATUTE-

The Secretary of Transportation may delegate to an agency, a

State, or a qualified person the authority to -

(1) establish and maintain the vessel identification system;

and

(2) charge fees under section 12505 of this title to a person

making information available to or requesting information from

the vessel identification system.

-SOURCE-

(Pub. L. 100-710, title I, Sec. 101(a), Nov. 23, 1988, 102 Stat.

4737.)

-MISC1-

HISTORICAL AND REVISION NOTES

Revised section 12506

This section allows the Secretary to delegate the authority to

establish and maintain the vessel identification system to an

agency, a State, or a qualified person. The Secretary may also

delegate the authority to charge fees under section 12505 for

requesting information from or making information available to the

vessel identification system.

-End-

-CITE-

46 USC Sec. 12507 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part H - Identification of Vessels

CHAPTER 125 - VESSEL IDENTIFICATION SYSTEM

-HEAD-

Sec. 12507. Penalties

-STATUTE-

(a) A person shall be fined under title 18, imprisoned for not

more than 2 years, or both, if the person with the intent to

defraud -

(1) provides false information to the Secretary of

Transportation or a State issuing authority regarding the

identification of a vessel under this chapter; or

(2) tampers with, removes, or falsifies the unique vessel

identification number assigned to a vessel under section 12502 of

this title.

(b) A person is liable to the United States Government for a

civil penalty of not more than $10,000 if the person -

(1) provides false information to the Secretary or a State

issuing authority regarding the identification of a vessel under

this chapter;

(2) violates section 12502 of this title; or

(3) fails to comply with requirements prescribed by the

Secretary under section 12505 of this title.

(c) A vessel involved in a violation of this chapter, or

regulation under this chapter, and its equipment, may be seized by,

and forfeited to, the Government.

(d) If a person, not an individual, is involved in a violation of

this chapter, the president or chief executive of the person also

is subject to any penalty provided under this section.

-SOURCE-

(Pub. L. 100-710, title I, Sec. 101(a), Nov. 23, 1988, 102 Stat.

4737.)

-MISC1-

HISTORICAL AND REVISION NOTES

Revised section 12507

This section establishes criminal and civil penalties for certain

violations of chapter 125 of title 46 (as enacted by this Act).

-End-

-CITE-

46 USC Part I - State Boating Safety Programs 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part I - State Boating Safety Programs

-HEAD-

PART I - STATE BOATING SAFETY PROGRAMS

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 2102 of this title.

-End-