Fabio
76b8ec33a7
Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 -> 59,740; repo total 105,704 records. Deterministic (byte-identical rerun, verified on Title 42's 8,356 sections); make check green. make legal-us-code default now covers every title. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
60 lines
3.4 KiB
Markdown
60 lines
3.4 KiB
Markdown
---
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type: "LegalText"
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title: "46 U.S.C. § 12136"
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description: "Surrender of certificates of documentation"
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jurisdiction: "us"
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corpus: "united_states_code"
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kind: "code_section"
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title_number: 46
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title_name: "SHIPPING"
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chapter_number: "121"
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chapter_name: "DOCUMENTATION OF VESSELS"
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section: "12136"
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citation: "46 U.S.C. § 12136"
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status: "current"
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release_point: "119-100"
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release_date: "2026-06-26"
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source: "official"
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source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc46@119-100.zip"
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source_identifier: "/us/usc/t46/s12136"
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source_file: "data/legal/raw/us/code/title-46/usc46.xml"
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source_hash: "713b0d9e88a5a315fa98822fd58e3abea3243a4a3002414d729eddf6587c3f2d"
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raw_snapshot_hash: "eb1331aa3c08ed87231a3606d86b30d1b5942cdf8542f6a3df8ac1d66e86057f"
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text_hash: "852c3e927c637274555408140979062fcee078c8496a6b7aed8b120eb6802117"
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retrieved_at: "2026-07-04"
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confidence: "official"
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tags: ["legal", "us-code"]
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---
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# 46 U.S.C. § 12136 - Surrender of certificates of documentation
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## Text
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(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.
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(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.
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(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.
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(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.
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(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—
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(A) chapter 313 of this title for an instrument filed or recorded before the date of invalidation and an assignment after that date;
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(B) sections 56101 and 56102(a)(2) and chapter 563 of this title; and
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(C) any other law of the United States identified by the Secretary by regulation as a law to which the Secretary applies this subsection.
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(2) Exception.— This subsection does not apply when a vessel is forfeited or sold by order of a district court of the United States.
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(Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1506.)
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## Notes
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Historical and Revision Notes RevisedSectionSource (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.
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Statutory Notes and Related Subsidiaries
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Documentation Surrender and InvalidationPub. 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.”
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