§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 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.

Statutory Notes and Related Subsidiaries

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."