U.S. Code: Title 46

2006—Pub. L. 109–304, § 3, Oct. 6, 2006 , 120 Stat. 1485, amended title analysis generally, adding item IV, substituting “50101” for “53101” in item V, adding item VI, substituting “SECURITY AND DRUG ENFORCEMENT” for “MISCELLANEOUS” in item VII, and adding item VIII.

Pub. L. 109–241, title IX, § 901(k)(2), July 11, 2006 , 120 Stat. 565, redesignated item VI “MISCELLANEOUS” as item VII.

1988—Pub. L. 100–710, title I, § 102(b), Nov. 23, 1988 , 102 Stat. 4738, amended title analysis generally, substituting “GENERAL” for “[Reserved—general]” in item I and adding item III.

(Showing Disposition of Former Sections of Title 46 or Title 46 Appendix)

Title 46 or Title 46 Appendix

3 note prec. (Act 12-27-1950, §§ 1 , 2 )

14 (words before last proviso)

14 (last proviso)

12102, 14102, 14104, 14501, 14502, 14504, 14511, 14521, 14522

(See former 660–1)

5102, 5103, 5104, 5106

121 (1st sentence)

121 (2d sentence)

121 (3d sentence related to distress)

121 (3d sentence related to trade)

121 (4th sentence)

121 (5th sentence words before semicolon)

121 (5th sentence words after semicolon)

121 (last sentence words before semicolon)

121 (last sentence words after semicolon)

3306(a)(5), Rep. in part

183(b) (1st sentence)

183(b) (last sentence)

183(f) (related to 46 App.:183(b)–(e))

183(f) (related to 46 App.:183b)

7101, 7102, 8302(a)–(d)

7101, 7104, 7107, 7108

2109, 3301(9), 3314

2101(16), (33), 2303, 3301(7), 3302

3303(a), 3309, 3311

2106, 3318(a), 8906

3301(1), (4), (9), 3304, 3305

3301(10), 3702, 8502

2101(39), 2301, 3303, 3702(a)

Rep. See 7701 et seq.

3301(6), 3305, 3311

2101(13), (16), (17), 3301(1), 3302, 3306, 3307

3301(3), 3305, 3501

2101(40), 3301(9), 3305

491 (words before semicolon)

491 (words after semicolon)

10301, 10501, 10502

2101(12), 10313(e)–(i), 10504

10313(e), 10504(a), (d), 10505(d)

2101(12), 10314, 10315, 10505, 10506

8701, 8702, 10102(c), 10311, 10503

10901, 10902(a), 10907

10901, 10906, 10908

672b, 672b–1, 672c

(See former 239a)

(See former 239b)

10101, 10303, 10304

741 (11th–26th words)

741 (less 11th–26th words)

742 (1st sentence)

742 (2d sentence)

742 (3d sentence)

742 (last sentence)

743 (1st sentence)

743 (2d, 3d sentences)

743 (4th–6th sentences)

743 (last sentence)

745 (words before 1st proviso)

745 (1st proviso)

745 (last proviso)

782 (1st sentence)

782 (last sentence words before last comma)

782 (last sentence words after last comma)

783 (words before proviso)

808(4th par., prior to amendment by Pub. L. 100–710)

811 (1st sentence words before 1st comma)

811 (1st sentence words after 1st comma)

811 (2d sentence words before 2d comma)

811 (2d sentence words after 2d comma)

811 (3d sentence)

811 (4th sentence)

811 (last sentence)

817d(a) (1st–5th, 29th–last words)

817d(a) (6th–28th words)

817e(a) (1st–14th, 37th–last words)

817e(a) (15th–36th words)

877 note (Proc. No. 3215, Dec. 12, 1957 )

3305, 3316, 12119

883 (words before 1st proviso)

883 (1st proviso, 2d proviso less meaning of “rebuilt”)

883 (2d proviso related to meaning of “rebuilt”)

883 (4th proviso)

883 (5th proviso)

883 (6th proviso)

883 (7th proviso)

883 (8th proviso)

883 (2d–6th sentences, last sentence less provisos)

883 (10th proviso)

883 (11th proviso)

883 (12th proviso)

883 (last proviso)

883a (1st sentence)

883a (2d, last sentences)

941(b) (1st sentence)

941(b) (last sentence)

951 (2d par. less proviso)

951 (2d par. proviso)

952 (1st, 2d sentences)

952 (last sentence)

1111(c) (related to seal)

1111(c) (related to records)

1111(c) (related to rules and regulations)

1111(d) (related to Commission)

1111(d) (related to Secretary)

1111(f) (1st, last sentences)

1111(f) (2d sentence related to Commission)

1111(f) (2d sentence related to Secretary)

1111 note (Reorg. Plan No. 6 of 1949)

1111 note (Reorg. Plan No. 21 of 1950, §§ 201 , 203 , 204 )

1111 note (Reorg. Plan No. 7 of 1961, §§ 101, 102(a)–(c), 104, 105(d))

1111 note (Reorg. Plan No. 7 of 1961, § 102(d) )

1111 note (Reorg. Plan No. 7 of 1961, § 105(a)–(c))

1111 note (Reorg. Plan No. 7 of 1961, § 201 )

1117 (related to Commission)

1117 (related to Secretary)

1118 (related to Commission)

1118 (related to Secretary)

1121(j) (words before 1st semicolon)

1121(j) (words between 1st and 2d semicolons)

1121(j) (words after 2d semicolon)

50110, T. 49 § 109

1126–1(a) (1st sentence)

1126–1(a) (last sentence), (b)

1132 (prior provision)

1132(a) (prior provision)

1160(b) (1st sentence)

1160(b) (2d sentence)

1160(b) (3d sentence)

1160(b) (4th–7th sentences)

1160(b) (last sentence)

1161(b) (1st sentence words before 6th comma)

1161(b) (1st sentence words between 6th and 10th commas)

1161(b) (1st sentence between 10th and 16th commas)

1161(b) (1st sentence words after 16th comma)

1161(b) (last sentence)

1177(a) (1st sentence)

1177(a) (2d sentence related to purpose)

1177(a) (2d sentence related to deposits)

1177(a) (last sentence)

1177(h) (less (2) (last sentence))

1177(h)(2) (last sentence)

1177(l ) (1st sentence)

1177(l ) (2d sentence)

1177(l ) (last sentence)

1193(c) (related to construction, reconstruction, or reconditioning)

1193(c) (related to chartering)

1195 (1st, 2d sentences)

1195 (last sentence)

1196(b) (1st sentence related to announcement)

1196(b) (1st sentence related to authority)

1196(b) (last sentence)

1213(a) (less 3d sentence as related to 1121(a))

1213(a) (3d sentence related to 1121(a))

1228 (1st, 2d pars.)

1241b note (limitation on funds for fiscal year 1957)

1242(a) (1st, 2d sentences)

1242(a) (3d sentence)

1242(a) (4th sentence)

1242(a) (last sentence)

1242(c) (1st sentence)

1242(c) (2d sentence)

1242(c) (last sentence)

1242(d) (1st par. words before 2d comma)

1242(d) (1st par. words after 2d comma)

1245 (1st sentence)

1245 (last sentence)

1273(e) (1st sentence)

1273(e) (last sentence)

1274(b) (last 2 sentences)

1274(c)(1) (1st sentence)

1274(c)(1) (last sentence)

1279b (prior provision)

1283(a) (1st, 2d sentences)

1283(a) (last sentence)

1283(b) (1st sentence)

1283(b) (last sentence)

1295 (1st sentence)

1295 (last sentence cl. (1))

1295 (last sentence cl. (2))

2101(17), 3301(2), 3306, 3307(1)

2302(b), 4311(a), 12309(a)

2106, 2302(a), (c), 4311(c), 12309(b)

1502(a) (related to application of Convention)

1502(a) (related to approval and examination)

1704(e) (less last sentence)

1704(e) (last sentence)

1708(c) (1st sentence)

1708(c) (last sentence), (d)

1709(b)(13), (words after cl. (13))

1709(d)(3) (related to (b)(10))

1709(d)(3) (related to (b)(13))

1710(c) (1st–3d sentences)

1710(c) (last sentence)

1710(g) (related to time limit)

1710(g) (less time limit)

1710a(h) (related to 876(a)(2))

1710a(h) (related to 1712(b)(6))

“Certain general and permanent laws of the United States, related to definitions and maritime commercial instruments and liens, are revised, consolidated, and enacted by paragraph (3) of this subsection [probably means subsection (c) of this section] as subtitle III of title 46, United States Code, ‘Shipping’.”

Pub. L. 98–89, § 1, Aug. 26, 1983 , 97 Stat. 500, provided in part that:

“Certain general and permanent laws of the United States, related to vessels and seamen, are revised, consolidated, and enacted as title 46, United States Code, ‘Shipping’ ”.

The purpose of this Act [see Tables for classification] is to complete the codification of title 46, United States Code, “Shipping”, as positive law, by reorganizing and restating the laws currently in the appendix to title 46.

In the codification of laws by this Act, the intent is to conform to the understood policy, intent, and purpose of the Congress in the original enactments, with such amendments and corrections as will remove ambiguities, contradictions, and other imperfections, in accordance with section 205(c)(1) of House Resolution No. 988, 93d Congress, as enacted into law by Public Law 93–554 (2 U.S.C. 285b(1)).”

This Act [see Tables for classification] replaces certain provisions enacted on or before April 30, 2005 . If a law enacted after that date amends or repeals a provision replaced by this Act, that law is deemed to amend or repeal, as the case may be, the corresponding provision enacted by this Act. If a law enacted after that date is otherwise inconsistent with this Act, it supersedes this Act to the extent of the inconsistency.

For purposes of determining whether one provision supersedes another based on enactment later in time, the date of enactment of a provision enacted by this Act is deemed to be the date of enactment of the provision it replaced.

A reference to a provision replaced by this Act is deemed to refer to the corresponding provision enacted by this Act.

This Act does not affect any law governing the applicability of an amendment to a provision replaced by this Act, notwithstanding the repeal by this Act of the provision that was amended. To the extent that any such law governed the applicability of a provision replaced by this Act, that law governs the applicability of the corresponding provision enacted by this Act.

A regulation, order, or other administrative action in effect under a provision replaced by this Act continues in effect under the corresponding provision enacted by this Act.

An action taken or an offense committed under a provision replaced by this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act.”

A reference to a law replaced by section 102 of this Act [see Tables for classification], including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision of this Act.

An order, rule, or regulation in effect under a law replaced by section 102 of this Act continues in effect under the corresponding provision of this Act until repealed, amended, or superseded.

An action taken or an offense committed under a law replaced by section 102 of this Act is deemed to have been taken or committed under the corresponding provision of this Act.

An inference of legislative construction is not to be drawn by reason of the caption or catch line of a provision enacted by section 102 of this Act.

If a provision of this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision of this Act is held invalid in any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications.”

Pub. L. 99–509, title V, subtitle B, § 5103(a)–(f), Oct. 21, 1986 , 100 Stat. 1927, provided that:

Laws effective after January 1, 1986 , that are inconsistent with this subtitle [see Tables for classification] supersede this subtitle to the extent of the inconsistency.

A reference to a law replaced by this subtitle, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision of this subtitle.

An order, rule, or regulation in effect under a law replaced by this subtitle continues in effect under the corresponding provision of this subtitle until repealed, amended, or superseded.

An action taken or an offense committed under a law replaced by this subtitle is deemed to have been taken or committed under the corresponding provision of this subtitle.

An inference of legislative construction is not to be drawn by reason of the caption or catch line of a provision enacted by this subtitle.

If a provision enacted by this subtitle is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision of this subtitle is held invalid in one or more of its applications, the provision remains in effect in all valid applications that are severable from the invalid application or applications.”

Laws effective after December 31, 1982 , that are inconsistent with this Act [see Tables for classification] supersede this Act to the extent of the inconsistency.

A reference to a law replaced by this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision of this Act.

An order, rule, or regulation in effect under a law replaced by this Act continues in effect under the corresponding provision of this Act until repealed, amended, or superseded.

An action taken or an offense committed under a law replaced by this Act is deemed to have been taken or committed under the corresponding provision of this Act.

An inference of legislative construction is not to be drawn by reason of the caption or catch line of a provision enacted by this Act.

If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision of this Act is held invalid in one or more of its applications, the provision remains in effect in all valid applications that are severable from the invalid application or applications.”

Codification of Shipping and Maritime Laws by Federal Maritime Commission and Secretary of Transportation

“Within 2 years after the date of enactment of this Act [ Aug. 26, 1983 ], the Federal Maritime Commission and the Secretary of Transportation each shall submit to Congress a proposed codification of the laws within their respective jurisdictions related to shipping and maritime matters.”

The term ‘source provision’ means a provision of law that is replaced by a title 46 provision under this title.

The term ‘title 46 provision’ means a provision of title 46, United States Code, that is enacted by section 402 [probably means “section 401”, which enacted chapter 700 (§ 70001 et seq.) of this title].

The title 46 provisions replace certain provisions of law enacted before the date of the enactment of this Act [ Dec. 4, 2018 ]. If a law enacted after that date amends or repeals a source provision, that law is deemed to amend or repeal, as the case may be, the corresponding title 46 provision. If a law enacted after that date is otherwise inconsistent with a title 46 provision or a provision of this title, that law supersedes the title 46 provision or provision of this title to the extent of the inconsistency.

For purposes of determining whether one provision of law supersedes another based on enactment later in time, a title 46 provision is deemed to have been enacted on the date of enactment of the source provision that the title 46 provision replaces.

A reference to a title 46 provision, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding source provision.

A reference to a source provision, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding title 46 provision.

A regulation, order, or other administrative action in effect under a source provision continues in effect under the corresponding title 46 provision.

An action taken or an offense committed under a source provision is deemed to have been taken or committed under the corresponding title 46 provision.”

Pub. L. 109–304, § 19, Oct. 6, 2006 , 120 Stat. 1710, as amended by Pub. L. 110–181, div. C, title XXXV, § 3529(b)(1)(C), Jan. 28, 2008 , 122 Stat. 603, repealed specified laws relating to shipping, except with respect to rights and duties that matured, penalties that were incurred, or proceedings that were begun before Oct. 6, 2006 .

“The repeal of a law by this title may not be construed as a legislative implication that the provision was or was not in effect before its repeal.”

Pub. L. 100–710, title I, § 106(b), Nov. 23, 1988 , 102 Stat. 4752, repealed specified laws relating to shipping, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before the effective date of this title, which is 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 31301 of this title.

Pub. L. 99–509, title V, subtitle B, § 5104(a), Oct. 21, 1986 , 100 Stat. 1928, provided that:

“The repeal of a law by this subtitle may not be construed as a legislative implication that the provision was or was not in effect before its repeal.”

Pub. L. 99–509, title V, subtitle B, § 5104(b), Oct. 21, 1986 , 100 Stat. 1928, repealed specified laws relating to shipping, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Oct. 21, 1986 .

“The repeal of a law by this Act may not be construed as a legislative implication that the provision was or was not in effect before its repeal.”

Pub. L. 98–89, § 4(b), Aug. 26, 1983 , 97 Stat. 599, repealed specified laws relating to shipping, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Aug. 26, 1983 , and except as provided by section 2 of Pub. L. 98–89, set out as notes above and notes under sections 3101, 3302, 3715, and 6301 of this title.

“This title [see Tables for classification], including the amendments made by this title, is intended only to transfer provisions of the Ports and Waterways Safety Act [Pub. L. 92–340, former 33 U.S.C. 1221 et seq.] to title 46, United States Code, and may not be construed to alter—

the effect of a provision of the Ports and Waterways Safety Act, including any authority or requirement therein;