§ 12136. Surrender of certificates of documentation

(a)Surrender.— An invalid certificate of documentation, or a certificate with an invalid endorsement, shall be surrendered as provided by regulations prescribed by the Secretary.

(b)Conditions for Surrender.—

(1)Vessels over 1,000 tons.— The Secretary may condition approval of the surrender of the certificate of documentation for a vessel over 1,000 gross tons.

(2)Vessels covered by mortgage.— The Secretary may approve the surrender of the certificate of documentation of a vessel covered by a mortgage filed or recorded under section 31321 of this title only if the mortgagee consents.

(3)Notice of lien.— The Secretary may not refuse to approve the surrender of the certificate of documentation for a vessel solely on the basis that a notice of a claim of a lien on the vessel has been recorded under section 31343(a) of this title.

(c)Continued Application of Certain Laws.—

(1)In general.— Notwithstanding subsection (a), until the certificate of documentation is surrendered with the approval of the Secretary, a documented vessel is deemed to continue to be documented under this chapter for purposes of—

(A) chapter 313 of this title for an instrument filed or recorded before the date of invalidation and an assignment after that date;

(B) sections 56101 and 56102(a)(2) and chapter 563 of this title; and

(C) any other law of the United States identified by the Secretary by regulation as a law to which the Secretary applies this subsection.

(2)Exception.— This subsection does not apply when a vessel is forfeited or sold by order of a district court of the United States.

(Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1506.)

Historical And Revision

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
12136(a)	46:12111(b).
12136(b)(1)	46:12111(d)(2).
12136(b)(2)	46:12111(c)(3).
12136(b)(3)	46:12111(d)(1).
12136(c)(1)	46:12111(c)(1).
12136(c)(2)	46:12111(c)(2).

In subsection (a), the words “or a certificate with an invalid endorsement” are added for clarity.

Miscellaneous

Documentation Surrender and Invalidation

Pub. L. 101–225, title III, § 301(b), Dec. 12, 1989, 103 Stat. 1922, provided that: “Section 12111(c)(3) [now section 12136(b)(2)] of title 46, United States Code, does not apply to a mortgage that—

“(1) was filed or recorded before January 1, 1989; and

“(2) was not a preferred mortgage (as that term is defined in section 31301(6) of that title) on that date.”