US Code

Public Law 119-73 (01/23/2026)

46 U.S.C. § 12121

Small passenger vessels and uninspected passenger vessels

(a)

Definitions .—

In this section:
(1)

Eligible vessel .—

The term “eligible vessel” means a vessel that—
(A)
was built in the United States;
(B)
was not built in the United States and is at least 3 years old; or
(C)
if rebuilt, was rebuilt—
(i)
in the United States; or
(ii)
outside the United States at least 3 years before the certificate requested under subsection (b) would take effect.
(2)

Small passenger vessel; uninspected passenger vessel; passenger for hire .—

section 2101 of this titleThe terms “small passenger vessel”, “uninspected passenger vessel”, and “passenger for hire” have the meaning given those terms in .
(b)

Issuance of Certificate and Endorsement .—

Notwithstanding sections 12112, 12113, 12132, 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)
section 1001 of title 18 the criminal prohibition on fraud and false statements in ; or
(B)
any other authority of the Secretary to revoke a certificate or endorsement issued under subsection (b).

Pub. L. 109–304, § 5120 Stat. 1504Pub. L. 116–283, div. G, title LVXXXIII134 Stat. 4697(, , ; [LXXXIII], § 8312, , .)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

12121

46:12106 note.

Pub. L. 105–383, title V, §§ 502–504, Nov. 13, 1998, 112 Stat. 3445; Pub. L. 107–295, title II, § 207(c)(2), Nov. 25, 2002, 116 Stat. 2097.

The definition of “Secretary” is omitted for consistency in the chapter.

Editorial Notes

Amendments

Pub. L. 116–283, § 8312(1)2021—Subsec. (a)(1). , added subpars. (A) to (C) and struck out former subpars. (A) and (B) which read as follows:

“(A) was not built in the United States and is at least 3 years old; or

“(B) if rebuilt, was rebuilt outside the United States at least 3 years before the certificate requested under subsection (b) would take effect.”

Pub. L. 116–283, § 8312(2)Subsec. (b). , inserted “12132,” after “12113,” in introductory provisions.

Prior Provisions

Pub. L. 98–8997 Stat. 589Pub. L. 100–710, title I102 Stat. 4752A prior section 12121, , , , originally derived from section 65v(2) of former Title 46, Shipping, related to the authority of the Secretary to prescribe regulations to carry out this chapter, prior to being repealed by , §§ 106(b)(5), 107(a), , , effective .

Pub. L. 98–8997 Stat. 590Pub. L. 99–307, § 1(16)100 Stat. 446Pub. L. 104–324, title III, § 301(a)110 Stat. 3916Pub. L. 105–277, div. C, title II, § 203(f)112 Stat. 2681–620Pub. L. 106–31, title III, § 3027(b)113 Stat. 101Pub. L. 108–293, title IV, § 404(b)118 Stat. 1043Pub. L. 109–304section 12151 of this titleA prior section 12122, , , ; , , ; , (b), , ; , , ; , , ; , , , originally derived from sections 65n and 65u(a) of former Title 46, Shipping, related to penalties, prior to the general amendment of this chapter by . See .

Pub. L. 102–587, title V, § 5213(a)(3)106 Stat. 5077Pub. L. 109–304section 12152 of this titleA prior section 12123, added , , , related to denial and revocation of endorsements, prior to the general amendment of this chapter by . See .

Pub. L. 102–388, title III, § 348(a)106 Stat. 1554Pub. L. 104–324, title VII, § 746(a)(1)110 Stat. 3943Another prior section 12123, added , , , related to the denial and revocation of trade or recreational endorsement upon failure of vessel’s owner to pay assessment of civil penalty for violation of law, prior to repeal by , , .

Pub. L. 105–383, title IV, § 401(a)(2)112 Stat. 3424Pub. L. 109–304section 12106 of this titleA prior section 12124, added , , , related to surrender of title and number, prior to the general amendment of this chapter by . See .

Statutory Notes and Related Subsidiaries

Effect of Repeal

Pub. L. 107–295, title II, § 207(c)(1)116 Stat. 2097

Pub. L. 105–38346 U.S.C. 1210646 U.S.C. 12121(b)“Section 505 of the Coast Guard Authorization Act of 1998 [] ([formerly] note) is repealed. The repeal of section 505 shall have no effect on the validity of any certificate or endorsement issued under section 502 of that Act [now ].”
, , , provided that: