
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-398 Section 1[1087(g)(6)]]
[CITE: 46USC2101]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
                       Part A--General Provisions
 
                           CHAPTER 21--GENERAL
 
Sec. 2101. General definitions

    In this subtitle--
        (1) ``associated equipment''--
            (A) means--
                (i) a system, accessory, component, or appurtenance of a 
            recreational vessel; or
                (ii) a marine safety article intended for use on board a 
            recreational vessel; but

            (B) does not include radio equipment.

        (2) ``barge'' means a non-self-propelled vessel.
        (3) ``Boundary Line'' means a line established under section 
    2(b) of the Act of February 19, 1895 (33 U.S.C. 151).
        (3a) ``citizen of the United States'' means a national of the 
    United States as defined in section 101(a)(22) of the Immigration 
    and Nationality Act (8 U.S.C. 1101(a)(22)) or an individual citizen 
    of the Trust Territory of the Pacific Islands who is exclusively 
    domiciled in the Northern Mariana Islands within the meaning of 
    section 1005(e) of the Covenant to establish a Commonwealth of the 
    Northern Mariana Islands in Political Union with the United States 
    of America (48 U.S.C. 1681 note).\1\
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    \1\ See References in Text note below.
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        (4) ``Coast Guard'' means the organization established and 
    continued under section 1 of title 14.
        (5) ``commercial service'' includes any type of trade or 
    business involving the transportation of goods or individuals, 
    except service performed by a combatant vessel.
        (5a) ``consideration'' means an economic benefit, inducement, 
    right, or profit including pecuniary payment accruing to an 
    individual, person, or entity, but not including a voluntary sharing 
    of the actual expenses of the voyage, by monetary contribution or 
    donation of fuel, food, beverage, or other supplies.
        (6) ``consular officer'' means an officer or employee of the 
    United States Government designated under regulations to grant 
    visas.
        (7) ``crude oil'' means a liquid hydrocarbon mixture occurring 
    naturally in the earth, whether or not treated to render it suitable 
    for transportation, and includes crude oil from which certain 
    distillate fractions may have been removed, and crude oil to which 
    certain distillate fractions may have been added.
        (8) ``crude oil tanker'' means a tanker engaged in the trade of 
    carrying crude oil.
        (8a) ``dangerous drug'' means a narcotic drug, a controlled 
    substance, or a controlled substance analog (as defined in section 
    102 of the Comprehensive Drug Abuse \2\ and Control Act of 1970 (21 
    U.S.C. 802)).
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    \2\ So in original. Probably should be ``Abuse Prevention''.
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        (9) ``discharge'', when referring to a substance discharged from 
    a vessel, includes spilling, leaking, pumping, pouring, emitting, 
    emptying, or dumping, however caused.
        (10) ``documented vessel'' means a vessel for which a 
    certificate of documentation has been issued under chapter 121 of 
    this title.
        (10a) ``Exclusive Economic Zone'' means the zone established by 
    Presidential Proclamation Numbered 5030, dated March 10, 1983.
        (11) ``fish'' means finfish, mollusks, crustaceans, and all 
    other forms of marine animal and plant life, except marine mammals 
    and birds.
        (11a) ``fishing vessel'' means a vessel that commercially 
    engages in the catching, taking, or harvesting of fish or an 
    activity that can reasonably be expected to result in the catching, 
    taking, or harvesting of fish.
        (11b) ``fish processing vessel'' means a vessel that 
    commercially prepares fish or fish products other than by gutting, 
    decapitating, gilling, skinning, shucking, icing, freezing, or brine 
    chilling.
        (11c) ``fish tender vessel'' means a vessel that commercially 
    supplies, stores, refrigerates, or transports fish, fish products, 
    or materials directly related to fishing or the preparation of fish 
    to or from a fishing, fish processing, or fish tender vessel or a 
    fish processing facility.
        (12) ``foreign vessel'' means a vessel of foreign registry or 
    operated under the authority of a country except the United States.
        (13) ``freight vessel'' means a motor vessel of more than 15 
    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 that 
    carries freight for hire, except an oceanographic research vessel or 
    an offshore supply vessel.
        (13a) ``Great Lakes barge'' means a non-self-propelled vessel of 
    at least 3,500 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 operating on the Great Lakes.
        (14) ``hazardous material'' means a liquid material or substance 
    that is--
            (A) flammable or combustible;
            (B) designated a hazardous substance under section 311(b) of 
        the Federal Water Pollution Control Act (33 U.S.C. 1321); or
            (C) designated a hazardous material under section 5103(a) of 
        title 49;

        (14a) ``major conversion'' means a conversion of a vessel that--
            (A) substantially changes the dimensions or carrying 
        capacity of the vessel;
            (B) changes the type of the vessel;
            (C) substantially prolongs the life of the vessel; or
            (D) otherwise so changes the vessel that it is essentially a 
        new vessel, as decided by the Secretary.

        (15) ``marine environment'' means--
            (A) the navigable waters of the United States and the land 
        and resources in and under those waters;
            (B) the waters and fishery resources of an area over which 
        the United States asserts exclusive fishery management 
        authority;
            (C) the seabed and subsoil of the outer Continental Shelf of 
        the United States, the resources of the Shelf, and the waters 
        superjacent to the Shelf; and
            (D) the recreational, economic, and scenic values of the 
        waters and resources referred to in subclauses (A)-(C) of this 
        clause.

        (15a) ``mobile offshore drilling unit'' means a vessel capable 
    of engaging in drilling operations for the exploration or 
    exploitation of subsea resources.
        (16) ``motor vessel'' means a vessel propelled by machinery 
    other than steam.
        (17) ``nautical school vessel'' means a vessel operated by or in 
    connection with a nautical school or an educational institution 
    under section 13 of the Coast Guard Authorization Act of 1986.
        (17a) ``navigable waters of the United States'' includes all 
    waters of the territorial sea of the United States as described in 
    Presidential Proclamation No. 5928 of December 27, 1988.
        (17b) ``numbered vessel'' means a vessel for which a number has 
    been issued under chapter 123 of this title.
        (18) ``oceanographic research vessel'' means a vessel that the 
    Secretary finds is being employed only in instruction in 
    oceanography or limnology, or both, or only in oceanographic or 
    limnological research, including those studies about the sea such as 
    seismic, gravity meter, and magnetic exploration and other marine 
    geophysical or geological surveys, atmospheric research, and 
    biological research.
        (19) ``offshore supply vessel'' means a motor vessel of more 
    than 15 gross tons but less than 500 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 that regularly carries goods, supplies, 
    individuals in addition to the crew, or equipment in support of 
    exploration, exploitation, or production of offshore mineral or 
    energy resources.
        (20) ``oil'' includes oil of any type or in any form, including 
    petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes 
    except dredged spoil.
        (20a) ``oil spill response vessel'' means a vessel that is 
    designated in its certificate of inspection as such a vessel, or 
    that is adapted to respond to a discharge of oil or a hazardous 
    material.
        (20b) ``overall in length'' means--
            (A) for a foreign vessel or a vessel engaged on a foreign 
        voyage, the greater of--
                (i) 96 percent of the length on a waterline at 85 
            percent of the least molded depth measured from the top of 
            the keel (or on a vessel designed with a rake of keel, on a 
            waterline parallel to the designed waterline); or
                (ii) the length from the fore side of the stem to the 
            axis of the rudder stock on that waterline; and

            (B) for any other vessel, the horizontal distance of the 
        hull between the foremost part of the stem and the aftermost 
        part of the stern, excluding fittings and attachments.

        (21) ``passenger''--
            (A) means an individual carried on the vessel except--
                (i) the owner or an individual representative of the 
            owner or, in the case of a vessel under charter, an 
            individual charterer or individual representative of the 
            charterer;
                (ii) the master; or
                (iii) a member of the crew engaged in the business of 
            the vessel who has not contributed consideration for 
            carriage and who is paid for on board services;

            (B) on an offshore supply vessel, means an individual 
        carried on the vessel except--
                (i) an individual included in clause (i), (ii), or (iii) 
            of subparagraph (A) of this paragraph;
                (ii) an employee of the owner, or of a subcontractor to 
            the owner, engaged in the business of the owner;
                (iii) an employee of the charterer, or of a 
            subcontractor to the charterer, engaged in the business of 
            the charterer; or
                (iv) an individual employed in a phase of exploration, 
            exploitation, or production of offshore mineral or energy 
            resources served by the vessel;

            (C) on a fishing vessel, fish processing vessel, or fish 
        tender vessel, means an individual carried on the vessel 
        except--
                (i) an individual included in clause (i), (ii), or (iii) 
            of subparagraph (A) of this paragraph;
                (ii) a managing operator;
                (iii) an employee of the owner, or of a subcontractor to 
            the owner, engaged in the business of the owner;
                (iv) an employee of the charterer, or of a subcontractor 
            to the charterer, engaged in the business of the charterer; 
            or
                (v) an observer or sea sampler on board the vessel 
            pursuant to a requirement of State or Federal law; or

            (D) on a sailing school vessel, means an individual carried 
        on the vessel except--
                (i) an individual included in clause (i), (ii), or (iii) 
            of subparagraph (A) of this paragraph;
                (ii) an employee of the owner of the vessel engaged in 
            the business of the owner, except when the vessel is 
            operating under a demise charter;
                (iii) an employee of the demise charterer of the vessel 
            engaged in the business of the demise charterer; or
                (iv) a sailing school instructor or sailing school 
            student.

        (21a) ``passenger for hire'' means a passenger for whom 
    consideration is contributed as a condition of carriage on the 
    vessel, whether directly or indirectly flowing to the owner, 
    charterer, operator, agent, or any other person having an interest 
    in the vessel.
        (22) ``passenger vessel'' means a vessel of at least 100 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--
            (A) carrying more than 12 passengers, including at least one 
        passenger for hire;
            (B) that is chartered and carrying more than 12 passengers; 
        or
            (C) that is a submersible vessel carrying at least one 
        passenger for hire.

        (23) ``product carrier'' means a tanker engaged in the trade of 
    carrying oil except crude oil.
        (24) ``public vessel'' means a vessel that--
            (A) is owned, or demise chartered, and operated by the 
        United States Government or a government of a foreign country; 
        and
            (B) is not engaged in commercial service.

        (25) ``recreational vessel'' means a vessel--
            (A) being manufactured or operated primarily for pleasure; 
        or
            (B) leased, rented, or chartered to another for the latter's 
        pleasure.

        (26) ``recreational vessel manufacturer'' means a person engaged 
    in the manufacturing, construction, assembly, or importation of 
    recreational vessels, components, or associated equipment.
        (27) ``sailing instruction'' means teaching, research, and 
    practical experience in operating vessels propelled primarily by 
    sail and may include--
            (A) any subject related to that operation and to the sea, 
        including seamanship, navigation, oceanography, other nautical 
        and marine sciences, and maritime history and literature; and
            (B) only when in conjunction with a subject referred to in 
        subclause (A) of this clause, instruction in mathematics and 
        language arts skills to sailing school students having learning 
        disabilities.

        (28) ``sailing school instructor'' means an individual who is on 
    board a sailing school vessel to provide sailing instruction, but 
    does not include an operator or crewmember who is among those 
    required to be on board the vessel to meet a requirement established 
    under part F of this subtitle.
        (29) ``sailing school student'' means an individual who is on 
    board a sailing school vessel to receive sailing instruction.
        (30) ``sailing school vessel'' means a vessel--
            (A) that is less than 500 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;
            (B) carrying more than 6 individuals who are sailing school 
        instructors or sailing school students;
            (C) principally equipped for propulsion by sail, even if the 
        vessel has an auxiliary means of propulsion; and
            (D) owned or demise chartered, and operated by an 
        organization described in section 501(c)(3) of the Internal 
        Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and exempt from tax 
        under section 501(a) of that Code, or by a State or political 
        subdivision of a State, during times that the vessel is operated 
        by the organization, State, or political subdivision only for 
        sailing instruction.

        (31) ``scientific personnel'' means individuals on board an 
    oceanographic research vessel only to engage in scientific research, 
    or to instruct or receive instruction in oceanography or limnology.
        (32) ``seagoing barge'' means a non-self-propelled vessel of at 
    least 100 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 
    making voyages beyond the Boundary Line.
        (33) ``seagoing motor vessel'' means a motor vessel of at least 
    300 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 making 
    voyages beyond the Boundary Line.
        (34) ``Secretary'', except in part H, means the head of the 
    department in which the Coast Guard is operating.
        (35) ``small passenger vessel'' means a vessel of less than 100 
    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--
            (A) carrying more than 6 passengers, including at least one 
        passenger for hire;
            (B) that is chartered with the crew provided or specified by 
        the owner or the owner's representative and carrying more than 6 
        passengers;
            (C) that is chartered with no crew provided or specified by 
        the owner or the owner's representative and carrying more than 
        12 passengers; or
            (D) that is a submersible vessel carrying at least one 
        passenger for hire.

        (36) ``State'' means a State of the United States, Guam, Puerto 
    Rico, the Virgin Islands, American Samoa, the District of Columbia, 
    the Northern Mariana Islands, and any other territory or possession 
    of the United States.
        (37) ``steam vessel'' means a vessel propelled in whole or in 
    part by steam, except a recreational vessel of not more than 40 feet 
    in length.
        (37a) ``submersible vessel'' means a vessel that is capable of 
    operating below the surface of the water.
        (38) ``tanker'' means a self-propelled tank vessel constructed 
    or adapted primarily to carry oil or hazardous material in bulk in 
    the cargo spaces.
        (39) ``tank vessel'' means a vessel that is constructed or 
    adapted to carry, or that carries, oil or hazardous material in bulk 
    as cargo or cargo residue, and that--
            (A) is a vessel of the United States;
            (B) operates on the navigable waters of the United States; 
        or
            (C) transfers oil or hazardous material in a port or place 
        subject to the jurisdiction of the United States.

        (40) ``towing vessel'' means a commercial vessel engaged in or 
    intending to engage in the service of pulling, pushing, or hauling 
    along side, or any combination of pulling, pushing, or hauling along 
    side.
        (41) ``undocumented'' means not having and not required to have 
    a document issued under chapter 121 of this title.
        (42) ``uninspected passenger vessel'' means an uninspected 
    vessel--
            (A) of at least 100 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--
                (i) carrying not more than 12 passengers, including at 
            least one passenger for hire; or
                (ii) that is chartered with the crew provided or 
            specified by the owner or the owner's representative and 
            carrying not more than 12 passengers; and

            (B) of less than 100 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--
                (i) carrying not more than 6 passengers, including at 
            least one passenger for hire; or
                (ii) that is chartered with the crew provided or 
            specified by the owner or the owner's representative and 
            carrying not more than 6 passengers.

        (43) ``uninspected vessel'' means a vessel not subject to 
    inspection under section 3301 of this title that is not a 
    recreational vessel.
        (44) ``United States'', when used in a geographic sense, means 
    the States of the United States, Guam, Puerto Rico, the Virgin 
    Islands, American Samoa, the District of Columbia, the Northern 
    Mariana Islands, and any other territory or possession of the United 
    States.
        (45) ``vessel'' has the same meaning given that term in section 
    3 of title 1.
        (46) ``vessel of the United States'' means a vessel documented 
    or numbered under the laws of the United States or titled under the 
    law of a State.
        (47) ``vessel of war'' means a vessel--
            (A) belonging to the armed forces of a country;
            (B) bearing the external marks distinguishing vessels of war 
        of that country;
            (C) under the command of an officer commissioned by the 
        government of that country and whose name appears in the 
        appropriate service list or its equivalent; and
            (D) staffed by a crew under regular armed forces discipline.

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 501; Pub. L. 98-364, title IV, 
Sec. 402(1), July 17, 1984, 98 Stat. 445; Pub. L. 98-454, title III, 
Sec. 301(a), Oct. 5, 1984, 98 Stat. 1734; Pub. L. 98-557, Sec. 34(a), 
Oct. 30, 1984, 98 Stat. 2876; Pub. L. 99-307, Sec. 1(1), (2), May 19, 
1986, 100 Stat. 444; Pub. L. 99-509, title V, Sec. 5102(b)(1), Oct. 21, 
1986, 100 Stat. 1926; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 
2095; Pub. L. 99-640, Secs. 10(b)(1), 11(a), 13(d), Nov. 10, 1986, 100 
Stat. 3549-3551; Pub. L. 100-239, Sec. 6(a)(1), Jan. 11, 1988, 101 Stat. 
1781; Pub. L. 100-424, Sec. 8(c)(1), Sept. 9, 1988, 102 Stat. 1593; Pub. 
L. 100-710, title I, Sec. 104(a)(1), (2), Nov. 23, 1988, 102 Stat. 4749; 
Pub. L. 101-225, title II, Sec. 209, Dec. 12, 1989, 103 Stat. 1913; Pub. 
L. 101-380, title IV, Sec. 4103(a)(2)(A), Aug. 18, 1990, 104 Stat. 511; 
Pub. L. 101-595, title VI, Sec. 603(1), Nov. 16, 1990, 104 Stat. 2993; 
Pub. L. 102-587, title V, Sec. 5208(a), Nov. 4, 1992, 106 Stat. 5075; 
Pub. L. 103-206, title V, Secs. 502-510, Dec. 20, 1993, 107 Stat. 2439-
2441; Pub. L. 103-272, Sec. 5(l), July 5, 1994, 108 Stat. 1375; Pub. L. 
104-324, title VII, Sec. 709, title XI, Sec. 1104(a), Oct. 19, 1996, 110 
Stat. 3934, 3966; Pub. L. 105-383, title III, Sec. 301(b)(1), Nov. 13, 
1998, 112 Stat. 3417.)


                      Historical and Revision Notes

    A number of definitions are provided because of the need to define 
jurisdictional and applicability limits of various sections to the many 
types and classes of vessels.

------------------------------------------------------------------------
          Revised section                Source section (U.S. Code)
------------------------------------------------------------------------
2101(1)...........................  46:1452(8)
2101(2)...........................  ....................................
                                     ..........
2101(3)...........................  ....................................
                                     ..........
2101(4)...........................  14:1
2101(5)...........................  46:391a(2)(H)
2101(6)...........................  ....................................
                                     ..........
2101(7)...........................  46:391a(2)(S)
2101(8)...........................  46:391a(2)(N)
2101(9)...........................  46:391a(2)(A)
2101(10)..........................  46:65(1)
2101(11)..........................  46:65(2)
2101(12)..........................  46:391a(2)(B)
                                    46:597
                                    46:599
2101(13)..........................  46:404
                                    46:390(e)
2101(14)..........................  46:391a(2)(C)
2101(15)..........................  46:391a(2)(D)
2101(16)..........................  46:361
                                    46:367
                                    46:404
2101(17)..........................  46:404
                                    46:1295f(c)
                                    46:1295g(e)(1)
2101(18)..........................  46:441(1)
2101(19)..........................  46:404-1(1)
2101(20)..........................  46:391a(2)(E)
2101(21)..........................  46:390(a)
                                    46:404-1(4)
                                    46:1452(5)
2101(22)..........................  46:391(c)
2101(23)..........................  46:391a(2)(O)
2101(24)..........................  46:391a(2)(G)
2101(25)..........................  46:1452(1)(A), (B)
2101(26)..........................  46:1452(7)
2101(27)..........................  46:390(f)
2101(28)..........................  46:390(h)
2101(29)..........................  46:390(i)
2101(30)..........................  46:390(g)
2101(31)..........................  46:441(2)
2101(32)..........................  46:395(e)
2101(33)..........................  46:367
2101(34)..........................  33:151
                                    46:216(b)
                                    46:239a(b)
                                    46:390(d)
                                    46:391a(2)(I)
                                    46:405(b)(1)(A)
                                    46:481(a)
                                    46:672(a)
                                    46:1452(9)
2101(35)..........................  46:390(b)
2101(36)..........................  ....................................
                                     ..........
2101(37)..........................  46:361
2101(38)..........................  46:391a(2)(M)
2101(39)..........................  46:391a(3)
2101(40)..........................  46:405
2101(41)..........................  46:1452(3)
2101(42)..........................  46:1452(1)(C)
2101(43)..........................  46:526
2101(44)..........................  ....................................
                                     ..........
2101(45)..........................  1:3
                                    46:1452(2)
2101(46)..........................  46:391a(2)(L)
------------------------------------------------------------------------

    Section 2101(1) defines the type of ``associated equipment'' that is 
involved in the use of recreational boats that are subject to Federal 
regulatory authority. This equipment is subject to a number of controls 
under federally established construction and performance standards. 
Radio equipment is exempt from these regulatory controls, since this 
equipment continues to be regulated by the Federal Communications 
Commission.
    Section 2101(2) defines ``barge'' as a vessel that is non-self-
propelled and that is often pushed ahead, towed alongside, or towed 
astern on a hawser by a towing vessel. It does not include a vessel that 
is propelled by sail only.
    Section 2101(3) defines ``boundary line'' for the establishment of 
jurisdictional parameters for various maritime safety laws. Public Law 
96-324, codified at 33 U.S.C. 151, permits the Secretary to establish 
appropriate identifiable lines dividing inland waters of the U.S. from 
the high seas for the purpose of determining the applicability of these 
laws. These laws will now be included within subtitle II of title 46--
Shipping. These lines may not be located more than twelve nautical miles 
seaward of the baseline from which the territorial sea is measured and 
may differ in position for the purposes of different parts or sections 
of subtitle II.
    Section 2101(4) defines ``Coast Guard''.
    Section 2101(5) provides that wherever the term ``commercial 
service'' is used it is to include all vessels except those that are 
primarily used for combatant purposes. This is to make sure that vessels 
that are engaged in the transportation of goods or individuals are 
subject to the applicable maritime and environmental safety laws, even 
if they are sovereign controlled vessels.
    Section 2101(6) defines ``consular officer'' as one who has 
authority to issue visas. Traditionally this person is knowledgeable and 
familiar with the maritime safety and seamen's welfare laws.
    Section 2101(7) defines ``crude oil'' because certain equipment 
requirements like inert gas systems, segregated ballast tanks, crude oil 
washing systems or special ballast arrangements are applicable only to 
tank vessels that carry crude oil. Crude oil is still included within 
the definition of ``hazardous material'' and ``oil''.
    Section 2101(8) defines a ``crude oil tanker'' as one engaged in 
carrying crude oil. The definition does not include a tank barge since a 
tanker is defined as a self-propelled tank vessel. See also 2101(38).
    Section 2101(9) makes it clear that the term ``discharge'' when 
referring to a substance that emanates from a vessel and is related to 
the marine environmental laws concerning pollution by oil or hazardous 
substances.
    Section 2101(10) defines a ``documented vessel'' as any vessel of 
the United States that has been issued a certificate of documentation 
that might include a register, enrollment, license, or enrollment and 
license for various trades.
    Section 2101(11) lists what is included in the term ``fisheries'' 
for the purpose of documentation of vessels and is intended to be all-
inclusive of the numerous types of fishing activities.
    Section 2101(12) defines ``foreign vessel'' as any foreign flag or 
foreign operated vessel that is operated under the jurisdiction or 
authority of a government other than the United States.
    Section 2101(13) defines a ``freight vessel'' as a motor vessel or 
any vessel propelled by diesel or other internal combustion engines and 
that carries freight for hire.
    Section 2101(14) defines ``hazardous materials'' as a broad range of 
materials that are not only flammable or combustible but are also 
designated under related maritime safety and environmental laws.
    Section 2101(15) defines ``marine environment'' as an all-inclusive 
term that was developed to cover land and water areas that could be 
affected by pollution from all vessels and not only tank vessels.
    Section 2101(16) defines ``motor vessel'' as a vessel propelled by 
machinery other than steam to make it clear that these vessels are not 
steam vessels.
    Section 2101(17) defines ``nautical school vessel'' as a vessel that 
can be a privately owned and operated as well as a publicly owned and 
operated school vessel.
    Section 2101(18) defines ``oceanographic research vessel'' as a 
vessel employed in oceanography or limnology research or instruction. It 
is defined because this type of vessel, while not inspected and 
certified as such, is subject to a number of special statutory and 
regulatory requirements.
    Section 2101(19) defines ``offshore supply vessel'' as a class of 
vessel that is limited by tonnage and its employment in the mineral and 
oil industry and while so employed it is not a small passenger vessel.
    Section 2101(20) defines ``oil'' to include oil of any type, in any 
form, or in any mixture. This is the definition that originated with 
marine environment and pollution laws and continues the definition that 
was adopted by port and tanker safety laws.
    Section 2101(21) defines the term ``passengers'' in relation to 
various types of vessels. Due to the complexity of existing laws with 
respect to the definitions of ``passenger'' on various categories of 
vessels and the need to not make any changes of a substantive nature 
that could be construed as controversial, four definitions of 
``passenger'' have been included.
    Section 2101(22) defines ``passenger vessel'' as one that is at 
least 100 gross tons and carries at least one passenger for hire.
    Section 2101(23) defines ``product carrier'' as a tanker that is 
engaged in carrying oil. This definition when read with the definition 
of tanker means that it is a self-propelled vessel. A tank barge 
carrying oil products is a tank vessel but is not subject to the special 
standards or requirements for a product carrier.
    Section 2101(24) defines a ``public vessel'' as a governmental 
vessel that is not in commercial service. It should be noted that a 
sovereign-controlled foreign-flag vessel that is engaged in commercial 
service is not a public vessel and is subject to maritime safety and 
environment laws.
    Section 2101(25) defines a ``recreational vessel'' as a class of 
vessel whose primary purpose is for pleasure. These vessels while not 
subject to inspection are subject to certain requirements of law to 
improve boating safety.
    Section 2101(26) defines a ``recreational vessel manufacturer'' as 
one that is involved with not only the recreational vessels themselves 
but also with their components or associated equipment.
    Section 2101(27), (28), (29), and (30) provides a number of 
definitions that define the type of instruction, instructor, student, 
and vessel that is involved in the teaching of sailing.
    Section 2101(31) defines ``scientific personnel'' as individuals 
engaged in oceanography or limnology because they are specially treated 
under various maritime safety requirements.
    Section 2101(32) defines a ``seagoing barge'' as a vessel that is at 
least 100 gross tons making voyages to sea beyond the boundary line.
    Section 2101(33) defines a ``seagoing motor vessel'' as a vessel 
that must be a motor vessel, as defined in 2101(15), of at least 300 
gross tons making voyages to sea beyond the boundary line.
    Section 2101(34) defines ``Secretary'' so that maritime safety and 
seamen's welfare jurisdiction remains within the Coast Guard at all 
times.
    Section 2101(35) defines ``small passenger vessel'' as one that is 
less than 100 gross tons carrying more than six passengers as defined in 
section 2101(21).
    Section 2101(36) defines ``State'' as a State, territory or 
possession of the United States and is used to establish jurisdictional 
limits for the application of the various maritime safety and 
environmental safety laws of this subtitle. This definition is further 
limited by definitions in section 2102 that relate to recreational 
boating safety and facility improvement programs.
    Section 2101(37) defines a ``steam vessel'' as a vessel propelled by 
steam. However, steam vessels of not more than 40 feet that are used 
exclusively for pleasure are not included.
    Section 2101(38) defines ``tanker'' as a self-propelled tank vessel 
that has been constructed or primarily adapted to carry oil or hazardous 
material in bulk in the cargo spaces. This vessel is a subclass of tank 
vessel, which is defined in section 2101(39). This subclass definition 
is necessary because certain statutory minimum requirements that are 
consistent with internationally accepted standards are solely applicable 
to these vessels.
    Section 2101(39) defines a ``tank vessel'' as a vessel carrying oil 
or hazardous materials in bulk or residue including a tanker as defined 
in section 2101(38).
    Section 2101(40) defines ``towing vessel'' as a vessel in commercial 
service that pushes, pulls, or tows alongside and includes what is 
traditionally known as a tug.
    Section 2101(41) defines ``undocumented'' which, in part, 
facilitates the classification of vessels that may be numbered by the 
proper issuing authority in a State.
    Section 2101(42) defines an ``uninspected passenger vessel'' as a 
vessel carrying six or less passengers.
    Section 2101(43) defines an ``uninspected vessel'' as a vessel not 
subject to inspection and certification by the Coast Guard under section 
3301. Recreational vessels and inland towing vessels are typical 
uninspected vessels.
    Section 2101(44) defines ``United States'' to establish geographical 
boundaries for the applicability of the various maritime safety and 
environmental safety laws of this subtitle. This definition is further 
limited by definitions in section 2102 that relate to recreational 
boating safety and facility improvement programs.
    Section 2101(45) makes it clear that ``vessel'' as used in this 
subtitle has the same meaning as is provided in section 3 of title 1, of 
the U.S.C.
    Section 2101(46) defines ``vessel of the United States'' as a vessel 
that is documented or numbered under the laws of the United States. A 
documented vessel and those vessels that are numbered by a State or 
Federal authority are afforded the protection of the laws of the United 
States.

                       References in Text

    Section 1005(e) of the Covenant to establish a Commonwealth of the 
Northern Mariana Islands in Political Union with the United States of 
America, referred to in par. (3a), is set out as a note under section 
1801 of Title 48, Territories and Insular Possessions.
    Presidential Proclamation Numbered 5030, referred to in par. (10a), 
is set out under section 1453 of Title 16, Conservation.
    Section 13 of the Coast Guard Authorization Act of 1986, referred to 
in par. (17), is section 13 of Pub. L. 99-640, which enacted section 
484d of Title 40, Public Buildings, Property, and Works and amended 
sections 2101 and 3305 of this title.
    Presidential Proclamation No. 5928, referred to in par. (17a), is 
set out under section 1331 of Title 43, Public Lands.


                               Amendments

    1998--Pars. (17a), (17b). Pub. L. 105-383 added par. (17a) and 
redesignated former par. (17a) as (17b).
    1996--Par. (13). Pub. L. 104-324, Sec. 709(1), 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 ``15 gross tons''.
    Par. (13a). Pub. L. 104-324, Sec. 709(2), 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 ``3,500 gross tons''.
    Par. (19). Pub. L. 104-324, Sec. 709(3), 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 ``500 gross tons''.
    Par. (20a). Pub. L. 104-324, Sec. 1104(a)(2), added par. (20a). 
Former par. (20a) redesignated (20b).
    Par. (20b). Pub. L. 104-324, Sec. 1104(a)(1), redesignated par. 
(20a) as (20b).
    Par. (22). Pub. L. 104-324, Sec. 709(4), 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 ``100 gross tons''.
    Par. (30)(A). Pub. L. 104-324, Sec. 709(5), 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 ``500 gross tons''.
    Par. (32). Pub. L. 104-324, Sec. 709(6), 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 ``100 gross tons''.
    Par. (33). Pub. L. 104-324, Sec. 709(7), 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 ``300 gross tons''.
    Par. (35). Pub. L. 104-324, Sec. 709(8), 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 ``100 gross tons''.
    Par. (42). Pub. L. 104-324, Sec. 709(9), 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 ``100 gross tons'' in subpars. (A) 
and (B).
    1994--Par. (14)(C). Pub. L. 103-272 substituted ``section 5103(a) of 
title 49'' for ``section 104 of the Hazardous Materials Transportation 
Act (49 App. U.S.C. 1803)''.
    1993--Par. (5a). Pub. L. 103-206, Sec. 507, added par. (5a).
    Par. (19). Pub. L. 103-206, Sec. 508, inserted ``individuals in 
addition to the crew,'' after ``supplies,'' and struck out ``and is not 
a small passenger vessel'' after ``resources''.
    Par. (21). Pub. L. 103-206, Sec. 502, amended par. (21) generally, 
substituting subpars. (A) to (D) defining ``passenger'' for former 
subpars. (A) to (F) defining ``passenger''.
    Par. (21a). Pub. L. 103-206, Sec. 506, added par. (21a).
    Par. (22). Pub. L. 103-206, Sec. 503, amended par. (22) generally. 
Prior to amendment, par. (22) read as follows: `` `passenger vessel' 
means a vessel of at least 100 gross tons carrying at least one 
passenger for hire.''
    Par. (30)(B). Pub. L. 103-206, Sec. 509, substituted ``more than 6'' 
for ``at least 6''.
    Par. (35). Pub. L. 103-206, Sec. 504, amended par. (35) generally. 
Prior to amendment, par. (35) read as follows: `` `small passenger 
vessel' means a vessel of less than 100 gross tons carrying more than 6 
passengers (as defined in clause (21)(B) and (C) of this section).''
    Par. (37a). Pub. L. 103-206, Sec. 510, added par. (37a).
    Par. (42). Pub. L. 103-206, Sec. 505, amended par. (42) generally. 
Prior to amendment, par. (42) read as follows: `` `uninspected passenger 
vessel' means an uninspected vessel carrying not more than 6 
passengers.''
    1992--Par. (13a). Pub. L. 102-587 added par. (13a).
    1990--Par. (8a). Pub. L. 101-380 added par. (8a).
    Par. (14)(C). Pub. L. 101-595 substituted ``(49 App. U.S.C. 1803)'' 
for ``(49 U.S.C. 1803)''.
    1989--Par. (17a). Pub. L. 101-225 added par. (17a).
    1988--Par. (10a). Pub. L. 100-239 added par. (10a).
    Par. (14a). Pub. L. 100-424 added par. (14a).
    Par. (34). Pub. L. 100-710, Sec. 104(a)(1), inserted ``, except in 
part H,'' before ``means''.
    Par. (46). Pub. L. 100-710, Sec. 104(a)(2), inserted ``or titled 
under the law of a State'' before period at end.
    1986--Par. (11b). Pub. L. 99-640, Sec. 10(b)(1), inserted 
``freezing,''.
    Par. (14)(C). Pub. L. 99-307, Sec. 1(1), substituted ``Materials'' 
for ``Material''.
    Par. (15a). Pub. L. 99-640, Sec. 11(a), added par. (15a).
    Par. (17). Pub. L. 99-640, Sec. 13(d), inserted ``or an educational 
institution under section 13 of the Coast Guard Authorization Act of 
1986''.
    Par. (20a). Pub. L. 99-509, Sec. 5102(b)(1)(A), added par. (20a).
    Par. (21)(A)(ii). Pub. L. 99-307, Sec. 1(2)(A), inserted ``or other 
individual engaged in the business of the vessel who has not contributed 
consideration for carriage on board the vessel'' after ``crewmember''.
    Par. (21)(B). Pub. L. 99-307, Sec. 1(2)(D), struck out ``or a 
sailing school vessel,'' after ``passenger vessel''.
    Par. (21)(B)(v) to (vii). Pub. L. 99-307, Sec. 1(2)(B), added cls. 
(v) and (vi) and struck out former cls. (v) to (vii) which read as 
follows:
    ``(v) a guest on board a vessel that is being operated only for 
pleasure, or a guest on board a sailing school vessel, who has not 
contributed consideration for carriage on board;
    ``(vi) an individual on board a towing vessel of at least 50 gross 
tons who has not contributed consideration for carriage on board; or
    ``(vii) a sailing school instructor or sailing school student.''
    Par. (21)(F). Pub. L. 99-307, Sec. 1(2)(C), added subpar. (F).
    Par. (30)(D). Pub. L. 99-514 substituted ``Internal Revenue Code of 
1986'' for ``Internal Revenue Code of 1954''.
    Par. (47). Pub. L. 99-509, Sec. 5102(b)(1)(B), added par. (47).
    1984--Par. (3a). Pub. L. 98-454 added par. (3a).
    Par. (11). Pub. L. 98-364, Sec. 402(1)(A), substituted `` `fish' 
means finfish, mollusks, crustaceans, and all other forms of marine 
animal and plant lift, except marine mammals and birds'' for `` 
`fisheries' includes planting, cultivating, catching, taking, or 
harvesting fish, shellfish, marine animals, pearls, shells, or marine 
vegetation at a place in the fishery conservation zone established by 
section 101 of the Magnuson Fishery Conservation and Management Act of 
1976 (16 U.S.C. 1811)'', which is now covered in section 12101 of this 
title.
    Pars. (11a) to (11c). Pub. L. 98-364, Sec. 402(1)(B), added pars. 
(11a) to (11c).
    Par. (21)(B). Pub. L. 98-557, Sec. 34(a)(1), inserted reference to a 
sailing school vessel in provisions preceding cl. (i).
    Par. (21)(E). Pub. L. 98-364, Sec. 402(1)(C), added subpar. (E).
    Par. (27). Pub. L. 98-557, Sec. 34(a)(2), designated existing 
provisions as subpar. (A) and added subpar. (B).


                    Effective Date of 1992 Amendment

    Section 5208(c), (d) of Pub. L. 102-587 provided that:
    ``(c) For Great Lakes barges placed in operation after the date of 
enactment of this Act [Nov. 4, 1992], the amendments made by this 
section [amending this section and section 3301 of this title] take 
effect on the date of enactment of this Act.
    ``(d)(1) For Great Lakes barges in operation on the date of 
enactment of this Act, the amendments made by this section take effect 
one year after the date of enactment of this Act.
    ``(2) The Secretary of Transportation may impose reasonable interim 
requirements to assure safe operation of the barges affected by 
paragraph (1).''


                    Effective Date of 1990 Amendment

    Amendment by Pub. L. 101-380 applicable to incidents occurring after 
Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out as an 
Effective Date note under section 2701 of Title 33, Navigation and 
Navigable Waters.


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-710 effective Jan. 1, 1989, with certain 
exceptions and qualifications, see section 107 of Pub. L. 100-710, set 
out as an Effective Date note under section 30101 of this title.


                      Short Title of 1998 Amendment

    Pub. L. 105-277, div. C, title II, Sec. 201, Oct. 21, 1998, 112 
Stat. 2681-616, provided that: ``This title [amending sections 12102, 
12122, and 31322 of this title, enacting provisions set out as notes 
under section 12102 of this title and section 1851 of Title 16, 
Conservation, amending provisions set out as a note under section 1274 
of the Appendix to this title, and repealing provisions set out as a 
note under section 12102 of this title] may be cited as the `American 
Fisheries Act'.''


                      Short Title of 1996 Amendment

    Section 601 of title VI of Pub. L. 104-324 provided that: ``This 
title [enacting sections 3103 and 3201 to 3205 of this title, amending 
sections 3306 to 3309, 3316, and 3710 of this title, and enacting 
provisions set out as notes under sections 3201 and 3306 of this title] 
may be cited as the `Coast Guard Regulatory Reform Act of 1996'.''


                      Short Title of 1993 Amendment

    Section 501 of title V of Pub. L. 103-206 provided that: ``This 
title [amending this section and sections 2113, 3306, and 4105 of this 
title and enacting provisions set out as notes under this section and 
section 3306 of this title] may be cited as the `Passenger Vessel Safety 
Act of 1993'.''


                      Short Title of 1990 Amendment

    Section 601 of title VI of Pub. L. 101-595 provided that: ``This 
title [amending this section and sections 2102, 3302, 4502, 5102, 5114, 
8103, 8104, 8702, 12109, 12501, 12503, 12505, and 31308 of this title, 
repealing sections 4104, 5115, 8105, and 14102 of this title, and 
enacting provisions set out as notes under sections 4502 and 7306 of 
this title] may be cited as the `Aleutian Trade Act of 1990'.''


                     Short Title of 1988 Amendments

    Section 1 of Pub. L. 100-424 provided that: ``This Act [enacting 
chapter 106 and sections 4505 to 4508 and 6104 of this title, amending 
this section and sections 3102, 3701, 4101, 4102, 4501 to 4504, and 6103 
of this title, repealing sections 531 to 534 of the Appendix to this 
title, and enacting provisions set out as notes under sections 4501, 
4502, 4508, and 7101 of this title] may be cited as the `Commercial 
Fishing Industry Vessel Safety Act of 1988'.''
    Section 1 of Pub. L. 100-239 provided that: ``This Act [enacting 
section 8704 of this title, amending this section, sections 8103, 8702, 
12101, 12102, 12106 to 12108 of this title, sections 251 and 883 of the 
Appendix to this title, and section 1802 of title 16, Conservation, and 
enacting provisions set out as notes under sections 8103, 8704, 12102, 
12105, and 12108 of this title and section 883 of the Appendix of this 
title] may be cited as the `Commercial Fishing Industry Vessel Anti-
Reflagging Act of 1987'.''


                      Short Title of 1984 Amendment

    Section 401 of title IV of Pub. L. 98-364 provided that: ``This 
title [enacting sections 4501 to 4504, and 7311a of this title, amending 
this section and sections 3301, 3302, 3304, 3306, 3702, 7111, 7301, 
7306, 7312, 8102, 8104, 8701, 8702, 10101, 11108, 11109, and 12101 of 
this title and enacting provisions set out as a note under section 3302 
of this title] may be cited as the `Commercial Fishing Industry Vessel 
Act'.''

          Termination of Trust Territory of the Pacific Islands

    For termination of Trust Territory of the Pacific Islands, see note 
set out preceding section 1681 of Title 48, Territories and Insular 
Possessions.


                     Fishing and Fish Tender Vessels

    Section 321 of Pub. L. 103-206 provided that:
    ``(a) In this section, `fish tender vessel', `fishing vessel', and 
`tank vessel' have the meanings given those terms under section 2101 of 
title 46, United States Code.
    ``(b) A fishing vessel or fish tender vessel of not more than 750 
gross tons, when engaged only in the fishing industry, shall not be 
deemed to be a tank vessel for the purposes of any law.
    ``(c)(1) This section does not affect the authority of the Secretary 
of Transportation under chapter 33 of title 46, United States Code, to 
regulate the operation of the vessels listed in subsection (b) to ensure 
the safe carriage of oil and hazardous substances.
    ``(2) This section does not affect the requirement for fish tender 
vessels engaged in the Aleutian trade to comply with chapters 33, 45, 
51, 81, and 87 of title 46, United States Code, as provided in the 
Aleutian Trade Act of 1990 (Public Law 101-595) [see Short Title of 1990 
Amendment note above].''


               Applicability Date for Revised Regulations

    Section 513 of Pub. L. 103-206 provided that:
    ``(a) Applicability Date for Certain Chartered Vessels.--Revised 
regulations governing small passenger vessels and passenger vessels (as 
the definitions of those terms in section 2101 of title 46, United 
States Code, are amended by this Act) shall not, before the date that is 
6 months after the date of enactment of this Act [Dec. 20, 1993], apply 
to such vessels when chartered with no crew provided.
    ``(b) Extension of Period.--The Secretary of the department in which 
the Coast Guard is operating shall extend for up to 30 additional months 
or until issuance of a certificate of inspection, whichever occurs 
first, the period of inapplicability specified in subsection (a) if the 
owner of the vessel concerned carries out the provisions of subsection 
(c) to the satisfaction of the Secretary.
    ``(c) Conditions for Extension.--To receive an extension authorized 
by subsection (b), the owner of the vessel shall--
        ``(1) make application for inspection with the Coast Guard 
    within 6 months after the date of enactment of this Act [Dec. 20, 
    1993];
        ``(2) make the vessel available for examination by the Coast 
    Guard prior to the carriage of passengers;
        ``(3)(A) correct especially any hazardous conditions involving 
    the vessel's structure, electrical system, and machinery 
    installation, such as (i) grossly inadequate, missing, unsound, or 
    severely deteriorated frames or major structural members; (ii) 
    wiring systems or electrical appliances without proper grounding or 
    overcurrent protection; and (iii) significant fuel or exhaust system 
    leaks;
        ``(B) equip the vessel with lifesaving and fire fighting 
    equipment, or the portable equivalent, required for the route and 
    number of persons carried; and
        ``(C) verify through stability tests, calculations, or other 
    practical means (which may include a history of safe operations) 
    that the vessel's stability is satisfactory for the size, route, and 
    number of passengers; and
        ``(4) develop a work plan approved by the Coast Guard to 
    complete in a good faith effort all requirements necessary for 
    issuance of a certificate of inspection as soon as practicable.
    ``(d) Operation of Vessel During Extension Period.--The owner of a 
vessel receiving an extension under this section shall operate the 
vessel under the conditions of route, service, number of passengers, 
manning, and equipment as may be prescribed by the Coast Guard for the 
extension period.''


                  Tank Vessel Definition Clarification

    Pub. L. 102-587, title V, Sec. 5209, Nov. 4, 1992, 106 Stat. 5076, 
as amended by Pub. L. 105-383, title IV, Sec. 422, Nov. 13, 1998, 112 
Stat. 3439, provided that:
    ``(a) In this section, `offshore supply vessel', `fish tender 
vessel', `fishing vessel', and `tank vessel' have the meanings given 
those terms under section 2101 of title 46, United States Code.
    ``(b) The following vessels are deemed not to be a tank vessel for 
the purposes of any law:
        ``(1) An offshore supply vessel.
        ``(2) A fishing or fish tender vessel of not more than 750 gross 
    tons that transfers without charge to a fishing vessel owned by the 
    same person.
        ``(3) A vessel--
            ``(A) configured, outfitted, and operated primarily for 
        dredging operations; and
            ``(B) engaged in dredging operations which transfers fuel to 
        other vessels engaged in the same dredging operations without 
        charge.
    ``(c)(1) This section does not affect the authority of the Secretary 
of Transportation under chapter 33 of title 46, United States Code, to 
regulate the operation of the vessels listed in subsection (b) to ensure 
the safe carriage of oil and hazardous substances.
    ``(2) This section does not affect the requirement for fish tender 
vessels engaged in the Aleutian trade to comply with chapters 33, 45, 
51, 81, and 87 of title 46, United States Code, as provided in the 
Aleutian Trade Act of 1990 ([title VI of] Public Law 101-595) [see Short 
Title of 1990 Amendment note above].
    ``(d) Current regulations governing the vessels in subsection (b) 
remain in effect.''

                  Section Referred to in Other Sections

    This section is referred to in sections 2102, 2113, 3202, 4105 of 
this title; sections 121, 446c, 808, 808a, 883, 1160, 1807 of Appendix 
to this title; title 8 section 1184; title 15 section 2052; title 16 
sections 1383a, 1802; title 22 section 1980b; title 33 sections 1225, 
1321, 2602, 2704, 2732; title 42 section 7511b; title 49 section 5117.
