§ 12136. Surrender of certificates of documentation

• (a) An invalid certificate of documentation, or a certificate with an invalid endorsement, shall be surrendered as provided by regulations prescribed by the Secretary.
• (b)
  • (1) The Secretary may condition approval of the surrender of the certificate of documentation for a vessel over 1,000 gross tons.
  • (2) 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) 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)
  • (1) 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) This subsection does not apply when a vessel is forfeited or sold by order of a district court of the United States.