A PRACTITIONER S GUIDE. A Practitioner s Guide to Title 46: A Recodification Roadmap *

Transcription

1 A PRACTITIONER S GUIDE A Practitioner s Guide to Title 46: A Recodification Roadmap * Tonnage Taxes and Light Money Description New 121 Amount of tonnage duties 60301, 60302, 60304, 60305, 60306, Coasting and fishing vessels 123 Vessels engaged in Great Lakes trade 124 Passenger vessels trading between ports of United States and foreign ports 125 Vessels making daily trips on interior waters 128 Light money Exemption of unregistered vessels owned by citizens 132 Vessels not entering by sea Hospital ships in time of war 134 Designation by President of hospital ships exempted 135 Rights under treaties preserved * The recodification of Title 46 of the United States Code has left many of us without familiar statutory bearings. The Tulane Maritime Law Journal, with the help of member Candace L. Cooper, created this table to assist practitioners match the old sections with the new sections. The new structure and language of the recodified Title has prevented a perfect translation of all provisions, but we have endeavored to be as thorough as possible. As an additional aid to our subscribers, the table is available on our Web page: maritime/. 677

2 678 TULANE MARITIME LAW JOURNAL [Vol. 32:677 Discriminating Duties and Reciprocal Privileges Limitation of Liability Act Description New 141 Reciprocal suspension and 60503, privileges 142 Retaliatory suspension of commercial privileges to foreign vessels 143 Retaliation on denial of rights to United States vessels in British North America 144 Suspension of free passage through Saint Marys Fall Canal; tolls 145 Collection of tolls Discriminating duty on merchandise imported in foreign vessels Liability of masters as carriers 182 Loss by fire Amount of liability: loss of life or bodily injury, privity or knowledge of owner, seagoing vessel defined , b Provisions requiring notice of claim or limiting time for filing suit 183c Provisions limiting liability for negligence invalid 184 Apportionment of compensation 185 Actions to be taken by owner; transfer of interest to trustee

3 2008] PRACTITIONER S GUIDE TO TITLE The Harter Act Description New 186 Definition of owner Remedies reserved Application General limit of liability Provisions relieving from liability for negligence 191 Provisions relieving from exercise of due diligence in equipping vessels 192 Defenses Bills of lading Penalties; liens; recovery The Jones Act Wrecks and Salvage 195 Transportation of live animals 196 Limitation of liability unaffected 688 Recovery for injury to or death of seaman 721 Vessel stranded on foreign coast 722 Property wrecked on Florida coast 723 Forfeitures for taking wrecked property to foreign ports 724 License to salvage on Florida coast 725 Canadian vessels aiding vessels wrecked or disabled in U.S. waters 726 International agreement on derelicts Not recodified 30104,

4 680 TULANE MARITIME LAW JOURNAL [Vol. 32:677 Ice and Derelicts Description New 727 Ownership and salvage rights 729 Like salvage Time limit for salvage suits Applicability to ships of war International agreements a Patrol services c Speed of vessel in ice region Admiralty Extension Act 740 Extension of admiralty and maritime jurisdiction Suits in Admiralty Act 741 Exemption of U.S. vessels and cargoes from arrest or seizure 30901, 30902, Libel in personam/venue 30903, Procedure in cases of libel 30907, in personam 744 Release of privately owned vessel after arrest or attachment Time limitations; exclusive remedy; interest 746 Exemption, limitation of liability, and exoneration 747 Seizures in foreign jurisdictions 748 Payment of judgment, award, or settlement 749 Arbitration, compromise, or settlement 30904, 30905, ,

5 2008] PRACTITIONER S GUIDE TO TITLE Death on the High Seas Act Public Vessels Act Description New 750 Recovery for salvage services 751 Disposition of moneys recovered by United States 752 Reports Right of action 30301, 30302, Amount and apportionment 30303, of recovery 763a Time limitations Foreign cause of action Death of plaintiff pending action 766 Contributory negligence Exceptions from operation of chapter Waiver of immunity 31101, Venue 31103, 31104, Cross libel, set off, or 31102, counterclaim 784 Subpoenas to officers or members of crew 785 Suits by nationals of foreign countries 786 Arbitration, compromise, or settlement 787 Payment of judgment or settlement 788 Lien not created against public vessels 789 Exemption, limitation of liability, and exoneration 790 Reports 31113

6 682 TULANE MARITIME LAW JOURNAL [Vol. 32:677 Shipping Act, Description New 801 Definitions See Corporation, partnership, or association as citizen 803 Applicability of chapter to receivers, successors, trustees, and assigns 808/808a Registration, enrollment, 57109, and licensing of vessels purchased, chartered, or leased; regulations; coastwise trade 811 Studies on vessel operations and construction; reports 50105, 50107, 50109, d Financial responsibility of owners and charterers for death or injury to passengers or other persons 817e Financial responsibility for passenger transportation 834 Refusal of clearance to vessel refusing to accept freight 835 Restrictions on transfer of shipping facilities during war or national emergency 44101, , Forfeitures Approvals by secretary 56103, Declaration of policy b Elements considered in determination of selling price 865a Sale of inactive passenger vessels to foreigners note

7 2008] PRACTITIONER S GUIDE TO TITLE Description New 866 Establishment and Not recodified operation of steamship lines between ports of United States 867 Port development Vessels sold under deferred Not recodified payment plan; insurance 871 Maintenance and operation of vessels 872 Sale of property other than vessels 875 Possession and control of terminal equipment and facilities 876 Power of Secretary and Commission to make rules and regulations affecting foreign trade 877 Application of coastwise laws 883 Transportation of merchandise between points in United States 883a Reports required of United States vessels rebuilt abroad; penalty for failure to report; mitigation of penalty 12101, 12120, 12132, 55102, , 55110, , , b Regulations See 49 U.S.C. 322(a) 884 Charges for transportation subject to Interstate Commerce Act Association of marine insurance companies; application of antitrust laws 15 U.S.C Definitions See , 50501

8 684 TULANE MARITIME LAW JOURNAL [Vol. 32: : Creation and Functions of Maritime Agencies Description New 891 Declaration of policy b Maintenance and operation of vessels 1101 Declaration of policy (c) Organization, records of 301, 303, 305 meetings; seal; rules and regulations 1111(d) Expenditures (e) Officers and employees See 5 U.S.C and (f) (1 st, last sentence) 1111(f) (2d sentence) Traveling and subsistence expenses Detailing officers from armed forces U.S.C. 323 See 5 U.S.C. ch U.S.C. 109(g) 1112 Operation of property by 301 Secretary 1115 Discrimination at ports by water common carriers 1117 Contracts and audits 49 U.S.C. 109(h) 1118 Reports to Congress 306, Authorization of 49 U.S.C. appropriations 109(i) 1120 Survey of merchant marine 50102

9 2008] PRACTITIONER S GUIDE TO TITLE Description New 1121 Policy, studies, and reports Priority loading for vessels engaged in coastwise transportation of coal National Maritime Enhancement Institutes 1122 Maritime problems; cooperation with others; discriminatory charges on 50104, 50105, 50108, 50110, exports; cargo carriage; reports 1122a Vessel utilization and performance reports; filing; civil penalty 1122b Mobile trade fairs Obsolete tonnage; tramp service 1124 Witnesses Acquisition of vessels 56104, 57105, a Construction and 57106, maintenance of vessels for government agencies marine education and training 1131 Manning and wage scales; subsidy contracts note 1936: Construction- Differential Subsidy Vessels to be operated in foreign trade; construction of vessels; documentation of vessels; purchase of vessels note

10 686 TULANE MARITIME LAW JOURNAL [Vol. 32:677 Description 1158 Disposition of vessels transferred to Department of Commerce by United States Maritime Commission 1159 Vessels to be operated in domestic trade; terms and conditions of construction aid and sale to purchaser 1160 Acquisition of obsolete vessels New 57102, note 50111, 57101, 57104, Construction reserve funds; taxation 1162 Limitation on restrictions note 1936: Vessel Operating Assistance Programs Vessels in foreign trade or in off-season cruises; competition; contracts for payment; additional subsidy; excluded vessels; readjustments; change in service; payment of excess profits; wages note 1936: Capitol Construction Fund 1177(a) 1177(b) Establishment; deposits and withdrawals Ceiling on deposits; lessees; agreement vessel defined 53503, , 53505

11 2008] PRACTITIONER S GUIDE TO TITLE Description New 1177(c) Investment and fiduciary requirements 1177(d) Nontaxation of deposits; eligible deposits 1177(e) Accounts within fund (f) Qualified withdrawals (g) Tax treatment of qualified withdrawals 1177(h) Tax treatment of 53511, nonqualified withdrawals; FIFO and LIFO withdrawals; interest rate 1177(i) Corporate reorganizations and partnership changes 1177(j) Treatment of existing funds; relationship of old to new fund 1177(k) Definitions 114, (l) Records; reports; rules and regulations; termination of 53502, 53515, agreement after changes in regulations 1177(m) Departmental reports and certification Definition of eligible commercial fishing vessel Sale or assignment of contract; consent of Secretary; purchaser subject to terms of contract; rescinding contract on transfer without consent. Withholding payment to defaulting contractor. Vessels eligible to subsidy. Transfer of vessels to foreign registry on default of United States note

12 688 TULANE MARITIME LAW JOURNAL [Vol. 32: a Description Off-season cruises by passenger vessels. Suspension of operating differential subsidy contracts by operator recipients. Construction, reconstruction, or acquisition of vessels over five thousand deadweight tons in foreign shipyards; preconditions. Wind-up of program. New note 1936: Private Charter Operation (Construction, Charter, and Sale of Vessels) 1191 Additional powers of Secretary for completion of long-range program 1192 Construction, reconditioning, and remodeling of vessels by Secretary 1193 Competitive bidding; 57503, opening bids 1194 Charter or sale of vessels acquired by Department of Transportation 1195 Employment of vessels on 57505, foreign trade routes; selling price of vessels 1196 Charter bidding Award of charter Payment of subsidies to charterers 57516

13 2008] PRACTITIONER S GUIDE TO TITLE : Contract Provisions Description New 1199 Recovery of excess profits Undertaking required of charterer; performance bond 1201 Terms and conditions of charters 57511, 57515, Insurance requirements; maintenance; inspection by Secretary; termination of charter in national emergency 1203 Financial resources and other factors considered in awarding charters 1204 Construction and chartering of vessels for unsuccessful routes; option to purchase; operation of vessel 1205 Operation of experimental vessels Contract provisions note (less 3d sentence as related to 1121(a)) 1213(a) Administration (3d sentence related to 1121(a)) 1213(b) Administration 49 U.S.C. 109

14 690 TULANE MARITIME LAW JOURNAL [Vol. 32: : Offenses and Penalties Description New 1223 Forbidden practices relating to coastwise service, salaries, officers, and employees 1226 Discrimination in respect to cargo 1227 Agreements with other carriers forbidden; withholding subsidies; civil actions 1228 Fines and penalties 505, : Miscellaneous Provisions 1241 Transportation of U.S. Government personnel and certain cargos Shipment of exports financed by U.S. Government 1241a-c Vessel Operations Revolving Fund 1241d Findings and purposes with respect to export transportation of agricultural commodities 1241e Exemption of certain agricultural exports from requirements of cargo preference provisions 55302, 55303,

15 2008] PRACTITIONER S GUIDE TO TITLE Description New 1241f Shipment requirements for 55312, certain exports sponsored by the Secretary of Agriculture 1241g Minimum tonnage; waiver h Financing the transportation of agricultural commodities 1241i Authorization of Not recodified appropriations 1241j Termination of subchapter o Vessels eligible to carry certain agricultural commodities 1241p Effect on other law q Exemption of American Great Lakes vessels from restriction on carriage of preference cargoes 1241r Designation of American Great Lakes vessels 1241s Restrictions on operations of American Great Lakes vessels 1241t Revocation and termination 55335, of designation 1241v Definitions Emergency acquisition of vessels 1242a Maintenance of and adjustment of obligations with respect to essential vessels affected by Neutrality Act 1244 Definitions See , 50501, 1 U.S.C. 1

16 692 TULANE MARITIME LAW JOURNAL [Vol. 32:677 Description 1247 Appointment of Secretary as trustee or receiver; operation of vessels under court orders; payment of operating costs; claims against corporation 1248 Enrollment in a sealift readiness program 1249 Assistance for small shipyards and maritime communities New note note 1936: Federal Ship Mortgage Insurance (Loans and Guarantees) 1271 Definitions Federal Ship Financing Fund 1273 Authorization of Secretary to guarantee obligations 53702, , 53709, 53711, 53721, 53722, a Certain loan guarantees and commitments 1274 Eligibility for guarantee 53703, , 53717, a Authorization of Secretary to guarantee obligations arising from changes in operating standards 1275 Defaults a Escrow fund b Rules and regulations c Ocean thermal energy conversion facilities and plantships 53731

17 2008] PRACTITIONER S GUIDE TO TITLE : War Risk Insurance Description New 1279d Interagency council for loan guarantees 1279e Shipyard modernization and improvement 1279f Fisheries financing and capacity reduction 1279g Direct loans for fisheries Advances to fund a Eligible shipyards b Annual report to Congress Definitions 50301, Authority to provide insurance 1283 Persons, property, and insurable interests 53901, 53903, Non-war risks Insurance of property of government departments and agencies 1286 Liability insurance for persons involved in war or defense efforts 1287 Reinsurance War risk insurance a revolving fund 1289 Administrative provisions 53906, Seamen s rights unaffected Not recodified 1291 Reports to Congress Civil actions for losses Additional insurance privately obtained 1294 Expiration of authority to provide insurance 53912

18 694 TULANE MARITIME LAW JOURNAL [Vol. 32: : Maritime Education and Training Carriage of Goods by Sea Act (COGSA) Safe Containers for International Cargo Description New 1295 Congressional declaration of policy 51101, 51103, a Definitions b Maintenance of Academy c State maritime academies c-1 Plan for sharing training 49 U.S.C. 109 vessels 1295d Additional training 51703, e United States Maritime Service f Civilian nautical schools g Powers and duties of Secretary 51103; see 49 U.S.C. 322(a) note 1501 Definitions (a) Duties of owners of 80502, containers 1503 Duties of Secretary of 80503, Transportation 1504 Enforcement Civil penalty Employee protection Congress did not include COGSA in the 2006 recodification of Title 46. It now appears as a statutory note to the Harter Act, recodified at But, COGSA s formal source of authority remains the 1936 enactment of the Act, as amended.

19 2008] PRACTITIONER S GUIDE TO TITLE Description 1507 Amendments to Convention New Maritime Administration International Ocean Commerce Transportation (Shipping Act, 1984) See 49 U.S.C Declaration of policy Definitions Agreements within scope of chapter 1704 Agreements , Action on agreements 40304, 40305, Exemption from antitrust laws 1707 Tariffs Controlled carriers Prohibited Acts Complaints, investigations, reports, and reparations 41301, 41302, a Foreign shipping and trade 306, 41108, 42101, Subpoenas and discovery Penalties Orders issued by the Federal Maritime 41304, 41308, Commission 1714 Reports Exemptions Regulations 305

20 696 TULANE MARITIME LAW JOURNAL [Vol. 32:677 Description 1718 Ocean transportation intermediaries New International Maritime and Port Security Act 1801 International measures for seaport and shipboard security 1801 note Statement of policy 33 U.S.C Threat of terrorism to United States ports and vessels 1803 Security standards at foreign ports 1804 Travel advisories concerning security at foreign ports 1805 Suspension of passenger services 1807 Definitions Reports Maritime Drug Law Enforcement Act 1902 Congressional declaration of findings 1903 Manufacture, distribution, or possession with intent to manufacture or distribute controlled substances on board vessels 1904 Seizure or forfeiture of property

21 2008] PRACTITIONER S GUIDE TO TITLE Marine Decorations and Medals Definitions Description New 2001 General authority of the Secretary of Transportation 2002 Marine Distinguished Service Medal and Meritorious Service Medal; other decorations or medals 2003 Gallant Ship Award; citation; plaque; citation ribbon bar; consultation with Secretary of State 2004 Administrative provisions 51901, 51903, 51904, Flag and grave markers Special certificates for civilian service to armed forces 2007 Unauthorized manufacture, sale, possession, or display of awards; civil penalty (2) Barge (3) Boundary Line (3a) Citizen of the United 104 States 2101(6) Consular Officer (10) Documented Vessel (10a) Exclusive Economic 107 Zone 2101(12) Foreign Vessel (17b) Numbered Vessel (36) State (41) Undocumented (44) United States (45) Vessel 115

22 698 TULANE MARITIME LAW JOURNAL [Vol. 32:677 Description 2101(46) Vessel of the United States New 116 Documentation of Vessels Miscellaneous Definitions and related terms in other laws 108, 12101, Vessels eligible for documentation 12102, 12103, 12111, Certificates of documentation 12104, 12105, Effect of documentation Registry of endorsements Coastwise endorsements 12102, 12112, 12116, 12117, note Small passenger vessels and uninspected vessels Fishery endorsements 12102, 12113, Recreational endorsements Limitations on operations 12102, 12114, authorized by certificates Surrender and invalidation of certificates of documentation , Vessels procured outside the United States Recording of United States built vessels List of documented vessels Reports Penalties Denial and revocation of endorsements Surrender of title and number Wrecked Vessels 12107, 12151

23 2008] PRACTITIONER S GUIDE TO TITLE Description 42 Oath on entry as to ownership 57 Production of certificate on entry New Clearance, Tonnage Taxes, and Duties General Provisions 91 Granting clearances State inspection laws Conveyance of bullion, coin, notes, or bonds for United States 100 Payment of fees on vessels outward bound 104 Reciprocal exemption of foreign yachts from charges and tonnage taxes; licenses 111 Vessels in foreign and Not recodified coasting trade on northern, northeastern, and northwestern frontiers 163 Regulations as to boarding arriving vessels before inspection 354 Deposit of ship s papers with consul 355 Penalty for failure Oceanographic Research Vessels 446 Sailing school vessels Liability of master and owners for damage to passengers