46 U.S.C. § 3701

Definitions

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In this chapter—(1) “existing”, when referring to a type of vessel to which this chapter applies, means a vessel that is not a new vessel.(2) “new”, when referring to a type of vessel to which this chapter applies, means a vessel—(A) for which the building contract is placed after June 1, 1979;(B) in the absence of a building contract, the keel of which is laid, or which is at a similar stage of construction, after January 1, 1980;(C) the delivery of which is after June 1, 1982; or(D) that has undergone a major conversion under a contract made after June 1, 1979, or construction work that began after January 1, 1980, or was completed after June 1, 1982.(3) “person” means an individual (even if not a citizen or national of the United States), a corporation, partnership, association, or other entity (even if not organized or existing under the laws of a State), the United States Government, a State or local government, a government of a foreign country, or an entity of one of those governments.(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 521; Pub. L. 99–509, title V, § 5102(b)(5), Oct. 21, 1986, 100 Stat. 1927; Pub. L. 100–424, § 8(c)(2), Sept. 9, 1988, 102 Stat. 1593; Pub. L. 115–232, div. C, title XXXV, § 3541(a)(2), Aug. 13, 2018, 132 Stat. 2323.)

Historical and Revision Notes
Revised section	Source section (U.S. Code)
3701(1)	46:391a(2)(R)
3701(2)	46:391a(2)(P)
3701(3)	46:391a(2)(Q)
3701(4)	46:391a(2)(F)
3701(5)	46:391a(2)(J)
3701(6)	46:391a(2)(K)

Section 3701 contains definitions that are of a special nature with limited applicability to this chapter.

Editorial NotesAmendments

2018—Pars. (2) to (4). Pub. L. 115–232 redesignated pars. (3) and (4) as (2) and (3), respectively.

1988—Par. (2). Pub. L. 100–424 struck out par. (2) which read as follows: “ ‘major conversion’ means a conversion of an existing vessel that substantially changes the dimensions or carrying capacity of the vessel or changes the type of vessel or substantially prolongs its life or that otherwise so changes the vessel that it is essentially a new vessel, as decided by the Secretary.”

1986—Pars. (5), (6). Pub. L. 99–509 struck out par. (5) defining “State” as including Trust Territory of the Pacific Islands in addition to its meaning under section 2101(36) of this title, and struck out par. (6) defining “United States” as including the Trust Territory of the Pacific Islands in addition to its meaning under section 2101(44) of this title.

Statutory Notes and Related SubsidiariesEffective Date

Chapter effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 98–89, set out as a note under section 3101 of this title.

Notes of Decisions

Cited in 2 cases, 2011–2017 · leading case: Shipbuilders Council v. United States Dep't of Homeland Sec., 770 F. Supp. 2d 793 (E.D. Va. 2011).

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Shipbuilders Council v. United States Dep't of Homeland Sec., 770 F. Supp. 2d 793 (E.D. Va. 2011). “See 46 U.S.C. §§ 3701 (3); 3706(a); see also 33 C.”

Portland Pipe Line Corp. v. City of S. Portland, 288 F. Supp. 3d 321 (D. Me. 2017). “Title II of the PWSA, 46 U.S.C. §§ 3701 et seq. , allows the Secretary of the Department of Homeland Security to "prescribe regulations for the design, construction, alteration, repair, maintenance, operation, *435 equipping, personnel qualification, and manning", § 3703(a), of…”

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