Page:United States Statutes at Large Volume 120.djvu/1536

 PUBLIC LAW 109–304—OCT. 6, 2006

120 STAT. 1505

‘‘(b) ISSUANCE OF CERTIFICATE AND ENDORSEMENT.—Notwithstanding sections 12112, 12113, 55102, and 55103 of this title, the Secretary may issue a certificate of documentation with an appropriate endorsement for employment in the coastwise trade as a small passenger vessel or an uninspected passenger vessel in the case of an eligible vessel authorized to carry no more than 12 passengers for hire if the Secretary of Transportation, after notice and an opportunity for public comment, determines that the employment of the vessel in the coastwise trade will not adversely affect— ‘‘(1) United States vessel builders; or ‘‘(2) the coastwise trade business of any person that employs vessels built in the United States in that business. ‘‘(c) REVOCATION.— ‘‘(1) FOR FRAUD.—The Secretary shall revoke a certificate or endorsement issued under subsection (b) if the Secretary of Transportation, after notice and an opportunity for a hearing, determines that the certificate or endorsement was obtained by fraud. ‘‘(2) OTHER PROVISIONS NOT AFFECTED.—Paragraph (1) does not affect— ‘‘(A) the criminal prohibition on fraud and false statements in section 1001 of title 18; or ‘‘(B) any other authority of the Secretary to revoke a certificate or endorsement issued under subsection (b). ‘‘SUBCHAPTER III—MISCELLANEOUS ‘‘§ 12131. Command of documented vessels ‘‘(a) IN GENERAL.—Except as provided in subsection (b), a documented vessel may be placed under the commmand only of a citizen of the United States. ‘‘(b) EXCEPTIONS.—Subsection (a) does not apply to— ‘‘(1) a vessel with only a recreational endorsement; or ‘‘(2) an unmanned barge operating outside of the territorial waters of the United States. ‘‘§ 12132. Loss of coastwise trade privileges ‘‘(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. ‘‘§ 12133. Duty to carry certificate on vessel and allow examination ‘‘(a) DUTY TO CARRY.—The certificate of documentation of a vessel shall be carried on the vessel unless the vessel is exempt by regulation from carrying the certificate. ‘‘(b) AVAILABILITY.—The owner or individual in charge of a vessel required to carry its certificate of documentation shall make the certificate available for examination at the request of an officer enforcing the revenue laws or as otherwise required by law or regulation.

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