U.S. Code » Title 46 » Subtitle Subtitle II— Vessels and Seamen › Part Part H— Identification of Vessels › Chapter CHAPTER 121— DOCUMENTATION OF VESSELS › Subchapter SUBCHAPTER III— MISCELLANEOUS

46 U.S.C. § 12132

Loss of coastwise trade privileges

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(a)Sold Foreign or Placed Under Foreign Registry.—A vessel of more than 200 gross tons (as measured under chapter 143 of this title), eligible to engage in the coastwise trade, and later sold foreign in whole or in part or placed under foreign registry may not thereafter engage in the coastwise trade.(b)Rebuilt Outside the United States.—A vessel eligible to engage in the coastwise trade and later rebuilt outside the United States may not thereafter engage in the coastwise trade.(Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1505.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

12132(a)

46 App.:883 (1st proviso).

June 5, 1920, ch. 250, § 27 (1st proviso, 2d proviso less 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; Pub. L. 104–324, title XI, § 1120(e), Oct. 19, 1996, 110 Stat. 3978.

12132(b)

46 App.:883 (2d proviso less meaning of “rebuilt”).

In subsection (a), the words “eligible to engage in the coastwise trade” are substituted for “having at any time acquired the lawful right to engage in the coastwise trade, either by virtue of having been built in, or documented under the laws of the United States”, and the words “thereafter engage” are substituted for “hereafter acquire the right to engage”, to eliminate unnecessary words.

In subsection (b), the words “eligible to engage in the coastwise trade” are substituted for “which has acquired the lawful right to engage in the coastwise trade, by virtue of having been built in or documented under the laws of the United States”, and the words “thereafter engage” are substituted for “have the right thereafter to engage”, to eliminate unnecessary words. See section 12101 for the meaning of “rebuilt in the United States”.

Notes of Decisions
Cited in 2 cases, 2009–2009 · 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 3× “544 (1956) (Second Proviso) (currently codified as amended at 46 U.S.C. § 12132 (b) and 46 U.S.C. § 12101 (a)); Pub.”
Shipbuilders Council of Am., Inc. v. United States Dep't of Homeland Sec., 673 F. Supp. 2d 438 (E.D. Va. 2009). · cites it 2× “544 , 544 (codified as amended at 46 U.S.C. § 12132 ). 1 Yet, shipowners sought to end-run the Second Proviso by having large ship sections constructed abroad, towed to the United States, and installed by American shipyards into coastwise-eligible vessels.”
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