Section 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."