U.S. Code » Title 46 » Subtitle Subtitle II— Vessels and Seamen › Part Part G— Merchant Seamen Protection and Relief › Chapter CHAPTER 105— COASTWISE VOYAGES

46 U.S.C. § 10501

Application

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(a) Except for a vessel to which chapter 103 of this title applies, this chapter applies to a vessel of at least 50 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title on a voyage between a port in one State and a port in another State (except an adjoining State).(b) This chapter does not apply to a vessel on which the seamen are entitled by custom or agreement to share in the profit or result of a voyage.(c) Unless otherwise provided, this chapter does not apply to a foreign vessel.(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 570; Pub. L. 104–324, title VII, § 738, Oct. 19, 1996, 110 Stat. 3941.)

Historical and Revision Notes

Revised section

Source section (U.S. Code)

10501

46:574

Section 10501 specifies that vessels over 50 gross tons that are not subject to chapter 103 and are engaged on voyages between two states (except for adjoining states) are subject to the provisions of this chapter. Specifically excluded are foreign vessels and vessels on which seamen share the profits.

Editorial NotesAmendments

1996—Subsec. (a). Pub. L. 104–324 inserted “as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title” after “50 gross tons”.

Notes of Decisions
Cited in 15 cases, 1985–2010 · leading case: Lundborg v. Keystone Shipping Co., 981 P.2d 854 (Wash. 1999).
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Lundborg v. Keystone Shipping Co., 981 P.2d 854 (Wash. 1999). · cites it 2× “46 U.S.C.A. § 10501 (a) (1999) provides, "this chapter applies to a vessel .”
Kaluom v. Stolt Offshore, Inc., 504 F.3d 511 (5th Cir. 2007). · cites it 4× “” 9 46 U.S.C. § 10501 indicates that Chapter 105 (sections 10501-10509) of Title 46 applies to those vessels not covered by Chapter 103 that are on “a voyage between a port in one State and a port in another State (except an adjoining State).”
In re Peterson, 664 F. Supp. 2d 609 (D.S.C. 2009). · cites it 3× “See 46 U.S.C. § 10501 (a). United States Coast Guard regulations further describe coastwise vessels as vessels that normally navigate the waters of any ocean or the Gulf of Mexico at a distance of 20 nautical miles or less offshore.”
Rafter v. Stevenson, 680 F. Supp. 2d 275 (D. Me. 2010). “” 46 U.S.C. § 10501 (a). Nothing in the Complaint suggests that the Rafter sailed from Maine to a non-adjoining state or, for that matter, “between a port in the United States and a port in a foreign country (except a port in Canada, Mexico, or the West Indies); or .”
Pac. Merch. Shipping Ass'n v. Aubry, 918 F.2d 1409 (9th Cir. 1990). “” See 46 U.S.C. § 10501 (a). United States Coast Guard regulations define “coastwise vessels” as those “normally navigating the waters of any ocean or the Gulf of Mexico 20 nautical miles or less offshore.”
Pac. Merch. Shipping Ass'n v. Aubry, 709 F. Supp. 1516 (C.D. Cal. 1989). “46 U.S.C. § 10501 (a). In addition, the United States Coast Guard defines coastwise vessels as those “normally navigating the waters of any ocean or the Gulf of Mexico 20 nautical miles or less offshore.”
Cruz v. Chesapeake Shipping Inc., 738 F. Supp. 809 (D. Del. 1990). “See 46 U.S.C. § 10501 (a). No provision addresses voyages wholly between foreign countries and foreign ports.”
Thaxter v. City of New York (Dep't of Env't Prot.), 704 F. Supp. 531 (S.D.N.Y. 1989). · cites it 3× “May 20, 1988) [ 1988 WL 56729 ] (quoting, 46 U.S.C. § 10501 ). DISCUSSION Defendant asks that this Court to (1) dismiss Thaxter’s claim for penalties as barred by 46 U.”
Kurtz v. Comm'r, 575 F.3d 1275 (11th Cir. 2009). “…in another State (except an adjoining State) to which the provisions of Chapter 103 of Title 46 are inapplicable. 46 U.S.C. § 10501 (a).”
Lundborg v. Keystone Shipping Co., 138 Wash. 2d 658 (1999). · cites it 2× “46 U.S.C. § 10501 (a) provides, “this chapter applies to a vessel .”
Blainey v. Am. S.S. Co., 990 F.2d 885 (6th Cir. 1993). “also distinguish foreign from coastwise shipping, with 46 U.S.C. § 10501 (a) applying the coastwise designation to "a vessel of at least 50 gross tons on a voyage between a port in one State and a port in another State (except an adjoining State.”
Powell v. Global Marine, LLC, 671 F. Supp. 2d 830 (E.D. La. 2009). · cites it 2× “ports to take advantage of the double-wage provision.”
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