§12136. Surrender of certificates of documentation
(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) and chapter 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.
(
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.
Statutory Notes and Related Subsidiaries
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."