46 U.S.C. § 12101

Definitions

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(a)Rebuilt in the United States.—In this chapter, a vessel is deemed to have been rebuilt in the United States only if the entire rebuilding, including the construction of any major component of the hull or superstructure, was done in the United States.(b)Related Terms in Other Laws.—When the following terms are used in a law, regulation, document, ruling, or other official act referring to the documentation of a vessel, the following definitions apply:(1)Registry endorsement.—The terms “certificate of registry”, “register”, and “registry” mean a certificate of documentation with a registry endorsement issued under this chapter.(2)Coastwise endorsement.—The terms “license”, “enrollment and license”, “license for the coastwise (or coasting) trade”, and “enrollment and license for the coastwise (or coasting) trade” mean a certificate of documentation with a coastwise endorsement issued under this chapter.(3)Yacht.—The term “yacht” means a recreational vessel even if not documented.(Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1491.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
12101(a)	46:12101(a)(2).
	46 App.:883 (2d proviso related to meaning of “rebuilt”).	June 5, 1920, ch. 250, § 27 (2d proviso related to meaning of “rebuilt”), 41 Stat. 999; July 2, 1935, ch. 355, 49 Stat. 442; July 14, 1956, ch. 600, § 1, 70 Stat. 544; Pub. L. 86–583, § 1, July 5, 1960, 74 Stat. 321; Pub. L. 100–239, § 6(c)(1), Jan. 11, 1988, 101 Stat. 1782.
12101(b)	46:12101(b).

In subsection (a), the words “its territories” and “or its possessions” are omitted because of the definition of “United States” in chapter 1 of the revised title. The words “(not including trust territories)” are omitted because the Trust Territory of the Pacific Islands has terminated. See 48 U.S.C. 1681 note prec.

Editorial NotesPrior Provisions

A prior section 12101, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 585; Pub. L. 98–364, title IV, § 402(16), July 17, 1984, 98 Stat. 450; Pub. L. 99–36, § 1(a)(7)(B), May 15, 1985, 99 Stat. 67; Pub. L. 100–239, § 3(2), (3), Jan. 11, 1988, 101 Stat. 1778; Pub. L. 101–225, title III, § 301(a)(1), Dec. 12, 1989, 103 Stat. 1920; Pub. L. 104–324, title XI, § 1115(b)(2), Oct. 19, 1996, 110 Stat. 3972, originally derived from section 65w of former Title 46, Shipping, related to definitions and related terms in other laws, prior to the general amendment of this chapter by Pub. L. 109–304. See this section and section 108 of this title.

Notes of Decisions

Cited in 23 cases (1 in the last 5 years), 1984–2021 · leading case: Shipbuilders Council of Am. v. United States Coast Guard, 578 F.3d 234 (4th Cir. 2009).

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Shipbuilders Council of Am. v. United States Coast Guard, 578 F.3d 234 (4th Cir. 2009). · cites it 4× “§ 12132 (b) and 46 U.S.C. § 12101 (a)); Pub.L. No. 86-583, 74 Stat.”

Shipbuilders Council v. United States Dep't of Homeland Sec., 770 F. Supp. 2d 793 (E.D. Va. 2011). · cites it 2× “” 46 U.S.C.A. § 12101 (a). The Jones Act itself does not define the terms “rebuilt” or “rebuilding.”

Shipbuilders Council of Am., Inc. v. U.S. Dep't of Homeland Sec., 481 F. Supp. 2d 550 (E.D. Va. 2007). · cites it 3× “” 46 U.S.C. § 12101 (a). Thus, the Jones Act provides that if a vessel is “entirely rebuilt” outside of the United States, it is considered to be “rebuilt foreign,” and thus, ineligible for coastwise trading privileges.”

Mullane v. Chambers, 438 F.3d 132 (1st Cir. 2006). “See 46 U.S.C. § 12101 et seq. See also National Vessel Documentation Center: Frequently Asked Questions, at http://www.”

U.S. Ship Mgmt., Inc. v. Maersk Line, Ltd., 357 F. Supp. 2d 924 (E.D. Va. 2005). “flag pursuant to 46 U.S.C. § 12101 et seq. See 46 U.S.C. app.”

State v. Zach, 502 A.2d 896 (Conn. 1985). “We can only assume that these vessels are now registered under 46 U.S.C.A. § 12101 et seq. (1983). Since the defendants claim, *175 in part, that General Statutes § 15-142 is “contrary to the established federal system of admiralty jurisdiction”; see footnote 1, supra, question…”

United States v. Approximately 64,695 Pounds of Shark Fins, 353 F. Supp. 2d 1095 (S.D. Cal. 2005). · cites it 4× “§ 12108 (fishery endorsements); 46 U.S.C. § 12101 (a)(1) (defining fisheries).”

Portland Pipe Line Corp. v. City of S. Portland, 288 F. Supp. 3d 321 (D. Me. 2017). “Fifth, the City disputes the applicability of PPLC's statutory citations, the federal coastwise endorsements granted under 46 U.S.C. § 12101 , et seq. Id. at 52 . The City says that "[a] coastwise endorsement is an initial, threshold authorization for a vessel to engage in trade…”

Alaska Excursion Cruises, Inc. v. United States, 603 F. Supp. 541 (D.D.C. 1984). “84-0889 alleges that the Coast Guard, faced with evidence of foreign ownership, violated its regulations, the Vessel Documentation Act, 46 U.S.C. §§ 12101 , et seq., and Section 802(a) of the Shipping Act, 46 U.”

Magic II, Inc. v. Dubno, 537 A.2d 998 (Conn. 1988). “We can only assume that these vessels are now registered under 46 U.S.C.A. § 12101 et seq. (1983). Since the defendants claim, in part, that General Statutes § 15-142 is ‘contrary to the established federal system of admiralty jurisdiction’ .”

Shipbuilders Council of Am. v. United States Dep't of Homeland Sec., 551 F. Supp. 2d 447 (E.D. Va. 2008). · cites it 2× “46 U.S.C. § 12101 (a). The implementing regulation tracks this definition.”

Norfolk Dredging Co. v. United States, 58 Fed. Cl. 167 (Fed. Cl. 2003). “Customs announced a four-element test that allows: 1) non-hopper dredges; 2) documented under 46 U.S.C. § 12101 ; 3) chartered to Stuyvesant Dredging Company to fulfill obligations under a specific contract; which 4) is completed prior to December 8, 2022, or when STUYVESANT…”

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