46 U.S.C. § 2101 : US Code - Section 2101: General definitions

Search 46 U.S.C. § 2101 : US Code - Section 2101: General definitions

In this subtitle -
(1) "associated equipment" -
(A) means -
(i) a system, accessory, component, or appurtenance of a
recreational vessel; or
(ii) a marine safety article intended for use on board a
recreational vessel; but
(B) does not include radio equipment.
(2) "barge" means a non-self-propelled vessel.
(3) "Boundary Line" means a line established under section 2(b)
of the Act of February 19, 1895 (33 U.S.C. 151).
(3a) "citizen of the United States" means a national of the
United States as defined in section 101(a)(22) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(22)) or an individual
citizen of the Trust Territory of the Pacific Islands who is
exclusively domiciled in the Northern Mariana Islands within the
meaning of section 1005(e) of the Covenant to establish a
Commonwealth of the Northern Mariana Islands in Political Union
with the United States of America (48 U.S.C. 1681 note).(!1)
(4) "Coast Guard" means the organization established and
continued under section 1 of title 14.
(5) "commercial service" includes any type of trade or business
involving the transportation of goods or individuals, except
service performed by a combatant vessel.
(5a) "consideration" means an economic benefit, inducement,
right, or profit including pecuniary payment accruing to an
individual, person, or entity, but not including a voluntary
sharing of the actual expenses of the voyage, by monetary
contribution or donation of fuel, food, beverage, or other
supplies.
(6) "consular officer" means an officer or employee of the
United States Government designated under regulations to grant
visas.
(7) "crude oil" means a liquid hydrocarbon mixture occurring
naturally in the earth, whether or not treated to render it
suitable for transportation, and includes crude oil from which
certain distillate fractions may have been removed, and crude oil
to which certain distillate fractions may have been added.
(8) "crude oil tanker" means a tanker engaged in the trade of
carrying crude oil.
(8a) "dangerous drug" means a narcotic drug, a controlled
substance, or a controlled substance analog (as defined in
section 102 of the Comprehensive Drug Abuse (!2) and Control Act
of 1970 (21 U.S.C. 802)).
(9) "discharge", when referring to a substance discharged from
a vessel, includes spilling, leaking, pumping, pouring, emitting,
emptying, or dumping, however caused.
(10) "documented vessel" means a vessel for which a certificate
of documentation has been issued under chapter 121 of this title.
(10a) "Exclusive Economic Zone" means the zone established by
Presidential Proclamation Numbered 5030, dated March 10, 1983.
(11) "fish" means finfish, mollusks, crustaceans, and all other
forms of marine animal and plant life, except marine mammals and
birds.
(11a) "fishing vessel" means a vessel that commercially engages
in the catching, taking, or harvesting of fish or an activity
that can reasonably be expected to result in the catching,
taking, or harvesting of fish.
(11b) "fish processing vessel" means a vessel that commercially
prepares fish or fish products other than by gutting,
decapitating, gilling, skinning, shucking, icing, freezing, or
brine chilling.
(11c) "fish tender vessel" means a vessel that commercially
supplies, stores, refrigerates, or transports fish, fish
products, or materials directly related to fishing or the
preparation of fish to or from a fishing, fish processing, or
fish tender vessel or a fish processing facility.
(12) "foreign vessel" means a vessel of foreign registry or
operated under the authority of a country except the United
States.
(13) "freight vessel" means a motor vessel of more than 15
gross tons as measured under section 14502 of this title, or an
alternate tonnage measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this title
that carries freight for hire, except an oceanographic research
vessel or an offshore supply vessel.
(13a) "Great Lakes barge" means a non-self-propelled vessel of
at least 3,500 gross tons as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104 of
this title operating on the Great Lakes.
(14) "hazardous material" means a liquid material or substance
that is -
(A) flammable or combustible;
(B) designated a hazardous substance under section 311(b) of
the Federal Water Pollution Control Act (33 U.S.C. 1321); or
(C) designated a hazardous material under section 5103(a) of
title 49;
(14a) "major conversion" means a conversion of a vessel that -
(A) substantially changes the dimensions or carrying capacity
of the vessel;
(B) changes the type of the vessel;
(C) substantially prolongs the life of the vessel; or
(D) otherwise so changes the vessel that it is essentially a
new vessel, as decided by the Secretary.
(15) "marine environment" means -
(A) the navigable waters of the United States and the land
and resources in and under those waters;
(B) the waters and fishery resources of an area over which
the United States asserts exclusive fishery management
authority;
(C) the seabed and subsoil of the outer Continental Shelf of
the United States, the resources of the Shelf, and the waters
superjacent to the Shelf; and
(D) the recreational, economic, and scenic values of the
waters and resources referred to in subclauses (A)-(C) of this
clause.
(15a) "mobile offshore drilling unit" means a vessel capable of
engaging in drilling operations for the exploration or
exploitation of subsea resources.
(16) "motor vessel" means a vessel propelled by machinery other
than steam.
(17) "nautical school vessel" means a vessel operated by or in
connection with a nautical school or an educational institution
under section 558 of title 40.
(17a) "navigable waters of the United States" includes all
waters of the territorial sea of the United States as described
in Presidential Proclamation No. 5928 of December 27, 1988.
(17b) "numbered vessel" means a vessel for which a number has
been issued under chapter 123 of this title.
(18) "oceanographic research vessel" means a vessel that the
Secretary finds is being employed only in instruction in
oceanography or limnology, or both, or only in oceanographic or
limnological research, including those studies about the sea such
as seismic, gravity meter, and magnetic exploration and other
marine geophysical or geological surveys, atmospheric research,
and biological research.
(19) "offshore supply vessel" means a motor vessel of more than
15 gross tons but less than 500 gross tons as measured under
section 14502 of this title, or an alternate tonnage measured
under section 14302 of this title as prescribed by the Secretary
under section 14104 of this title that regularly carries goods,
supplies, individuals in addition to the crew, or equipment in
support of exploration, exploitation, or production of offshore
mineral or energy resources.
(20) "oil" includes oil of any type or in any form, including
petroleum, fuel oil, sludge, oil refuse, and oil mixed with
wastes except dredged spoil.
(20a) "oil spill response vessel" means a vessel that is
designated in its certificate of inspection as such a vessel, or
that is adapted to respond to a discharge of oil or a hazardous
material.
(20b) "overall in length" means -
(A) for a foreign vessel or a vessel engaged on a foreign
voyage, the greater of -
(i) 96 percent of the length on a waterline at 85 percent
of the least molded depth measured from the top of the keel
(or on a vessel designed with a rake of keel, on a waterline
parallel to the designed waterline); or
(ii) the length from the fore side of the stem to the axis
of the rudder stock on that waterline; and
(B) for any other vessel, the horizontal distance of the hull
between the foremost part of the stem and the aftermost part of
the stern, excluding fittings and attachments.
(21) "passenger" -
(A) means an individual carried on the vessel except -
(i) the owner or an individual representative of the owner
or, in the case of a vessel under charter, an individual
charterer or individual representative of the charterer;
(ii) the master; or
(iii) a member of the crew engaged in the business of the
vessel who has not contributed consideration for carriage and
who is paid for on board services;
(B) on an offshore supply vessel, means an individual carried
on the vessel except -
(i) an individual included in clause (i), (ii), or (iii) of
subparagraph (A) of this paragraph;
(ii) an employee of the owner, or of a subcontractor to the
owner, engaged in the business of the owner;
(iii) an employee of the charterer, or of a subcontractor
to the charterer, engaged in the business of the charterer;
or
(iv) an individual employed in a phase of exploration,
exploitation, or production of offshore mineral or energy
resources served by the vessel;
(C) on a fishing vessel, fish processing vessel, or fish
tender vessel, means an individual carried on the vessel except
-
(i) an individual included in clause (i), (ii), or (iii) of
subparagraph (A) of this paragraph;
(ii) a managing operator;
(iii) an employee of the owner, or of a subcontractor to
the owner, engaged in the business of the owner;
(iv) an employee of the charterer, or of a subcontractor to
the charterer, engaged in the business of the charterer; or
(v) an observer or sea sampler on board the vessel pursuant
to a requirement of State or Federal law; or
(D) on a sailing school vessel, means an individual carried
on the vessel except -
(i) an individual included in clause (i), (ii), or (iii) of
subparagraph (A) of this paragraph;
(ii) an employee of the owner of the vessel engaged in the
business of the owner, except when the vessel is operating
under a demise charter;
(iii) an employee of the demise charterer of the vessel
engaged in the business of the demise charterer; or
(iv) a sailing school instructor or sailing school student.
(21a) "passenger for hire" means a passenger for whom
consideration is contributed as a condition of carriage on the
vessel, whether directly or indirectly flowing to the owner,
charterer, operator, agent, or any other person having an
interest in the vessel.
(22) "passenger vessel" means a vessel of at least 100 gross
tons as measured under section 14502 of this title, or an
alternate tonnage measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this title -
(A) carrying more than 12 passengers, including at least one
passenger for hire;
(B) that is chartered and carrying more than 12 passengers;
or
(C) that is a submersible vessel carrying at least one
passenger for hire.
(23) "product carrier" means a tanker engaged in the trade of
carrying oil except crude oil.
(24) "public vessel" means a vessel that -
(A) is owned, or demise chartered, and operated by the United
States Government or a government of a foreign country; and
(B) is not engaged in commercial service.
(25) "recreational vessel" means a vessel -
(A) being manufactured or operated primarily for pleasure; or
(B) leased, rented, or chartered to another for the latter's
pleasure.
(26) "recreational vessel manufacturer" means a person engaged
in the manufacturing, construction, assembly, or importation of
recreational vessels, components, or associated equipment.
(27) "sailing instruction" means teaching, research, and
practical experience in operating vessels propelled primarily by
sail and may include -
(A) any subject related to that operation and to the sea,
including seamanship, navigation, oceanography, other nautical
and marine sciences, and maritime history and literature; and
(B) only when in conjunction with a subject referred to in
subclause (A) of this clause, instruction in mathematics and
language arts skills to sailing school students having learning
disabilities.
(28) "sailing school instructor" means an individual who is on
board a sailing school vessel to provide sailing instruction, but
does not include an operator or crewmember who is among those
required to be on board the vessel to meet a requirement
established under part F of this subtitle.
(29) "sailing school student" means an individual who is on
board a sailing school vessel to receive sailing instruction.
(30) "sailing school vessel" means a vessel -
(A) that is less than 500 gross tons as measured under
section 14502 of this title, or an alternate tonnage measured
under section 14302 of this title as prescribed by the
Secretary under section 14104 of this title;
(B) carrying more than 6 individuals who are sailing school
instructors or sailing school students;
(C) principally equipped for propulsion by sail, even if the
vessel has an auxiliary means of propulsion; and
(D) owned or demise chartered, and operated by an
organization described in section 501(c)(3) of the Internal
Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and exempt from tax
under section 501(a) of that Code, or by a State or political
subdivision of a State, during times that the vessel is
operated by the organization, State, or political subdivision
only for sailing instruction.
(31) "scientific personnel" means individuals on board an
oceanographic research vessel only to engage in scientific
research, or to instruct or receive instruction in oceanography
or limnology.
(32) "seagoing barge" means a non-self-propelled vessel of at
least 100 gross tons as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104 of
this title making voyages beyond the Boundary Line.
(33) "seagoing motor vessel" means a motor vessel of at least
300 gross tons as measured under section 14502 of this title, or
an alternate tonnage measured under section 14302 of this title
as prescribed by the Secretary under section 14104 of this title
making voyages beyond the Boundary Line.
(34) "Secretary", except in part H, means the head of the
department in which the Coast Guard is operating.
(35) "small passenger vessel" means a wing-in-ground craft,
regardless of tonnage, carrying at least one passenger for hire,
and a vessel of less than 100 gross tons as measured under
section 14502 of this title, or an alternate tonnage measured
under section 14302 of this title as prescribed by the Secretary
under section 14104 of this title -
(A) carrying more than 6 passengers, including at least one
passenger for hire;
(B) that is chartered with the crew provided or specified by
the owner or the owner's representative and carrying more than
6 passengers;
(C) that is chartered with no crew provided or specified by
the owner or the owner's representative and carrying more than
12 passengers; or
(D) that is a submersible vessel carrying at least one
passenger for hire.
(36) "State" means a State of the United States, Guam, Puerto
Rico, the Virgin Islands, American Samoa, the District of
Columbia, the Northern Mariana Islands, and any other territory
or possession of the United States.
(37) "steam vessel" means a vessel propelled in whole or in
part by steam, except a recreational vessel of not more than 40
feet in length.
(37a) "submersible vessel" means a vessel that is capable of
operating below the surface of the water.
(38) "tanker" means a self-propelled tank vessel constructed or
adapted primarily to carry oil or hazardous material in bulk in
the cargo spaces.
(39) "tank vessel" means a vessel that is constructed or
adapted to carry, or that carries, oil or hazardous material in
bulk as cargo or cargo residue, and that -
(A) is a vessel of the United States;
(B) operates on the navigable waters of the United States; or
(C) transfers oil or hazardous material in a port or place
subject to the jurisdiction of the United States.
(40) "towing vessel" means a commercial vessel engaged in or
intending to engage in the service of pulling, pushing, or
hauling along side, or any combination of pulling, pushing, or
hauling along side.
(41) "undocumented" means not having and not required to have a
document issued under chapter 121 of this title.
(42) "uninspected passenger vessel" means an uninspected vessel
-
(A) of at least 100 gross tons as measured under section
14502 of this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary
under section 14104 of this title -
(i) carrying not more than 12 passengers, including at
least one passenger for hire; or
(ii) that is chartered with the crew provided or specified
by the owner or the owner's representative and carrying not
more than 12 passengers; and
(B) of less than 100 gross tons as measured under section
14502 of this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary
under section 14104 of this title -
(i) carrying not more than 6 passengers, including at least
one passenger for hire; or
(ii) that is chartered with the crew provided or specified
by the owner or the owner's representative and carrying not
more than 6 passengers.
(43) "uninspected vessel" means a vessel not subject to
inspection under section 3301 of this title that is not a
recreational vessel.
(44) "United States", when used in a geographic sense, means
the States of the United States, Guam, Puerto Rico, the Virgin
Islands, American Samoa, the District of Columbia, the Northern
Mariana Islands, and any other territory or possession of the
United States.
(45) "vessel" has the same meaning given that term in section 3
of title 1.
(46) "vessel of the United States" means a vessel documented or
numbered under the laws of the United States or titled under the
law of a State.
(47) "vessel of war" means a vessel -
(A) belonging to the armed forces of a country;
(B) bearing the external marks distinguishing vessels of war
of that country;
(C) under the command of an officer commissioned by the
government of that country and whose name appears in the
appropriate service list or its equivalent; and
(D) staffed by a crew under regular armed forces discipline.
(48) "wing-in-ground craft" means a vessel that is capable of
operating completely above the surface of the water on a dynamic
air cushion created by aerodynamic lift due to the ground effect
between the vessel and the water's surface.