Page:United States Statutes at Large Volume 102 Part 5.djvu/743

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-710—NOV. 23, 1988

102 STAT. 4749

provide the Secretary with an acknowledged certificate of discharge of the indebtedness. The Secretary shall record the certificate. "(d) A person claiming a lien on a vessel covered by a preferred mortgage under section 31322(d) of this title must record and discharge the lien as provided by the law of the State in which the vessel is titled.

"[CHAPTER 315—RESERVED]". SURRENDER AND INVALIDATION OF CERTIFICATES OF DOCUMENTATION

SEC. 103. (a) Section 12111 of title 46, United States Code, is amended— (1) by striking the catchline and inserting in lieu thereof the following: "§ 12111. Surrender and invalidation of certincates of documentation"; and (2) by striking subsection (b) and inserting in lieu thereof the following: "(b) An invalid certificate of documentation must be surrendered as provided by regulations prescribed by the Secretary of Transportation. "(c)(1) Notwithstanding subsection (a) of this section, 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 9 and 37(b) of the Shipping Act, 1916 (46 App. U.S.C. 808, 8350))); "(C) section 902 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1242); and "(D) any other law of the United States identified by the Secretary by regulation as a law to which the Secretary applies this subsection. "(2) This subsection does not apply when a vessel is forfeited or sold by order of a district court of the United States. "(3) The Secretary may approve the surrender of the certificate of documentation of a documented vessel covered by a mortgage filed or recorded under section 31321 of this title only if the mortgagee consents.". (b) Item 12111 in the analysis of chapter 121 of title 46, United States Code, is amended to read as follows: "12111. Surrender and invalidation of certificates of documentation.". MISCELLANEOUS AND CONFORMING PROVISIONS

SEC. 104. (a) Title 46, United States Code, is amended— (1) in section 2101(34), by inserting ", except in part H," immediately before "means; (2) in section 2101(46), by striking the period at the end and inserting in lieu thereof "or titled under the law of a State."; (3) in section 2110, by striking "the licensing of masters, mates, pilots, and engineers, and the documentation of vessels,"