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46 USC CHAPTER 301 - GENERAL 01/06/03

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TITLE 46 - SHIPPING

Subtitle III - Maritime Liability

CHAPTER 301 - GENERAL

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CHAPTER 301 - GENERAL

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Sec.

30101. Definitions.

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CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 42 section 9118.

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46 USC Sec. 30101 01/06/03

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TITLE 46 - SHIPPING

Subtitle III - Maritime Liability

CHAPTER 301 - GENERAL

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Sec. 30101. Definitions

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In this subtitle -

(1) "documented vessel" means a vessel documented under chapter

121 of this title;

(2) "foreign vessel" means a vessel of foreign registry or

operated under the authority of a foreign country;

(3) "public vessel" means (except in chapter 315 of this title)

a vessel that is owned, demise chartered, or operated by the

United States Government or a government of a foreign country;

(4) "recreational vessel" means a vessel -

(A) operated primarily for pleasure; or

(B) leased, rented, or demise chartered to another for the

latter's pleasure;

(5) "seaman" means a master or a crewmember of a vessel in

operation;

(6) "State" means a State of the United States, Guam, Puerto

Rico, the Virgin Islands, American Samoa, the District of

Columbia, the Northern Mariana Islands, and any other territory

or possession of the United States;

(7) "State vessel" means a vessel owned or demise chartered by

the government of a State or an authority or a political

subdivision of a State;

(8) "United States", when used in a geographic sense, means the

States of the United States, Guam, Puerto Rico, the Virgin

Islands, American Samoa, the District of Columbia, the Northern

Mariana Islands, and any other territory or possession of the

United States; and

(9) "vessel of the United States" means a vessel documented

under chapter 121 of this title, numbered under chapter 123 of

this title, or titled under the law of a State.

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

4738.)

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HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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30101(1) 46:911(1), (2), (4)

30101(2) 2101

30101(3) New

30101(4) 2101

30101(5) New

30101(6) 2101

30101(8), (9) 2101

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This section defines general terms to be used throughout subtitle

III of title 46. Some of the terms will not be used in chapter 313,

but will be used in other chapters in the subtitle when they are

codified.

Section 30101(1) defines a "documented vessel" to be a vessel

documented under chapter 121 of title 46.

Section 30101(2) defines a "foreign vessel" to be a vessel of a

foreign registry or operated under the authority of a foreign

country. This definition is from section 2101 of the already

codified subtitle II of title 46.

Section 30101(3) defines a "public vessel" to be a vessel that is

owned, demise chartered, or operated by the United States

Government or a government of a foreign country.

Section 30101(4) defines a "recreational vessel" to be a vessel

used primarily for pleasure; or leased, rented, or demise chartered

to another for the latter's pleasure. This is the same definition

as in section 2101.

Section 30101(5) defines a "seaman" to be a master or a

crewmember of a vessel in operation.

Section 30101(6) defines a "State" to mean the States of the

United States, Guam, Puerto Rico, the Virgin Islands, American

Samoa, the District of Columbia, the Northern Mariana Islands, and

any other territory or possession of the United States. This is the

same definition as in section 2101.

Section 30101(7) defines a "State vessel" to be a vessel owned or

demise chartered by the government of a State or an authority or

political subdivision of a State.

Section 30101(8) defines the "United States" when it is used in a

geographic sense. This means the States of the United States, Guam,

Puerto Rico, the Virgin Islands, American Samoa, the District of

Columbia, the Northern Mariana Islands, and any other territory or

possession of the United States. This is the same definition as in

section 2101.

Section 30101(9) defines a "vessel of the United States" to be a

vessel that is documented under chapter 121 or numbered under

chapter 123. This is the same definition as in section 2101.

HOUSE FLOOR STATEMENT

Paragraph (9) of this section amends the definition of "vessel of

United States" to include vessels titled under the law of a State.

EFFECTIVE DATE

Section 107 of title I of Pub. L. 100-710 provided that:

"(a) This title and amendments made by this title [enacting this

section and sections 12501 to 12507, 31301 to 31309, 31321 to

31330, and 31341 to 31343 of this title, amending sections 2101,

2110, 12102, 12103, 12105, 12109 to 12112, 12117, 12119, and 12120

of this title and sections 808, 1242, and 1271 of the Appendix to

this title, repealing sections 12113 to 12116, 12118, and 12121 of

this title and sections 838, 840, 911, 921 to 927, 941, 951 to 954,

961, 971 to 975, 981 to 984, and 1011 to 1014 of the Appendix to

this title, enacting provisions set out as notes under sections

12501, 12502, and 12505 of this title and preceding section 2101 of

this title, and repealing provisions set out as a note under

section 961 of the Appendix to this title and in Title 5, Appendix,

Government Organization and Employees] take effect on January 1,

1989. However, sections 31321 and 31322 of title 46 (as enacted by

section 102 of this Act), United States Code (as sections 31321 and

32322 [probably should be 31322] apply to vessels for which an

application for documentation has been filed), take effect on

January 1, 1990.

"(b) An instrument filed before January 1, 1989, but not recorded

before that date, is deemed to comply with section 31321 of title

46, United States Code, if it is in substantial compliance with the

provisions in that section that had corresponding requirements

under the law on December 31, 1988. However, the mortgage may not

become a preferred mortgage until the vessel is documented.

"(c) This title and the amendments made by this title do not

affect the validity of any instrument filed or recorded before

January 1, 1989, if there was a corresponding requirement under the

law on December 31, 1988.

"(d) An instrument filed or recorded before January 1, 1989, is

deemed to comply with any new requirement under chapter 313 of

title 46, United States Code (as enacted by section 102 of this

Act), affecting the validity of that instrument.

"(e) Section 102 of this Act and amendments made by that section

[enacting sections 30101, 31301 to 31309, 31321 to 31330, and 31341

to 31343 of this title and provisions set out as a note preceding

section 2101 of this title] do not affect any civil action filed

before January 1, 1989.

"(f) Section 104(b) of this Act and the amendments made by

section 104(b) of this Act [amending section 808 of the Appendix to

this title] do not apply to any change in control resulting from,

or which may at any time result from, any proposed plan of

reorganization filed under the United States bankruptcy laws prior

to the date of enactment of this Act [Nov. 23, 1988], except that

transactions undertaken as a result of such a plan shall continue

to be governed by section 9 of the Shipping Act, 1916 (46 App.

U.S.C. 808), as it existed prior to the date of enactment of this

Act, to the extent that such section 9 would have governed such

transactions."

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 11 section 1110.

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46 USC [CHAPTERS 303-311 - RESERVED] 01/06/03

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TITLE 46 - SHIPPING

Subtitle III - Maritime Liability

[CHAPTERS 30309311 - RESERVED]

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[CHAPTERS 303-311 - RESERVED]

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