Shipping, Vessels and Seamen

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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
January 23, 2000 and December 4, 2001]
[CITE: 46USC3301]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part B--Inspection and Regulation of Vessels
CHAPTER 33--INSPECTION GENERALLY
Sec. 3301. Vessels subject to inspection
The following categories of vessels are subject to inspection under
this part:
(1) freight vessels.
(2) nautical school vessels.
(3) offshore supply vessels.
(4) passenger vessels.
(5) sailing school vessels.
(6) seagoing barges.
(7) seagoing motor vessels.
(8) small passenger vessels.
(9) steam vessels.
(10) tank vessels.
(11) fish processing vessels.
(12) fish tender vessels.
(13) Great Lakes barges.
(14) oil spill response vessels.
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 510; Pub. L. 98-364, title IV,
Sec. 402(2), July 17, 1984, 98 Stat. 445; Pub. L. 102-587, title V,
Sec. 5208(b), Nov. 4, 1992, 106 Stat. 5076; Pub. L. 104-324, title XI,
Sec. 1104(g), Oct. 19, 1996, 110 Stat. 3967.)
Historical and Revision Notes
-----------------------------------------------------------------------Revised section
Source section (U.S. Code)
-----------------------------------------------------------------------3301(1)........................... 46:391
46:404
3301(2)........................... 46:1295f(c)
3301(3)........................... 46:404-1
3301(4)........................... 46:390a
46:391
3301(5)........................... 46:390a
3301(6)........................... 46:395
3301(7)........................... 46:367
3301(8)........................... 46:390a
3301(9)........................... 46:362
46:391
46:405
3301(10).......................... 46:391a
-----------------------------------------------------------------------Section 3301 lists all classes of vessels that are subject to
inspection and certification by the Coast Guard. This section represents
one of the sought-after advantages of the bill to simplify access to the
provisions of law governing the regulation of vessels. Under the present
law, a vessel's inspection status must be determined by examining a

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table appearing at section 2.01-7A of title 46, Code of Federal
Regulations that divides all vessels into more than 70 separate classes.
It is important to note that while the classes of vessels are now
limited to ten, there is no prohibition against developing regulations
to meet the special needs of various size vessels within any one
category. For example, it is expected that the Coast Guard will continue
the practice of establishing standards for freight vessels of not more
than 100 gross tons and other standards for larger freight vessels.
It should also be noted that a particular vessel can, when engaged
in various types of operations, be subject to varying inspection laws.
For example, an offshore supply vessel could be classed as a small
passenger vessel or a passenger vessel when it operates as a crew boat
carrying individuals other than those defined in section 2101(21). If
the offshore supply vessel is 500 gross tons and over it would then be
subject to inspection as a seagoing motor vessel, a freight vessel, or a
passenger vessel.
Amendments
1996--Par. (14). Pub. L. 104-324 added par. (14).
1992--Par. (13). Pub. L. 102-587 added par. (13).
1984--Pars. (11), (12). Pub. L. 98-364 added pars. (11) and (12).
Effective Date of 1992 Amendment
Amendment by Pub. L. 102-587 effective Nov. 4, 1992, for Great Lakes
barges placed in operation after Nov. 4, 1992, and effective one year
after Nov. 4, 1992, for Great Lakes barges in operation on Nov. 4, 1992,
with provision for interim safety requirements, see section 5208(c), (d)
of Pub. L. 102-587, set out as a note under section 2101 of this title.
Effective Date
Chapter effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 9889, set out as a note under section 3101 of this title.
Short Title of 1984 Amendment
Pub. L. 98-498, title II, Sec. 210, Oct. 19, 1984, 98 Stat. 2303,
provided that: ``This subtitle [subtitle A (Secs. 210-214) of title II
of Pub. L. 98-498, enacting section 2306 of this title, amending
sections 2301, 3309, 3311, 3318, 6101, and 6103 of this title and
section 183 of the Appendix to this title, and enacting provisions set
out as notes under section 2306 of this title and section 183 of the
Appendix to this title] may be cited as the `Maritime Safety Act of
1984'.''
Pilot Program
Pub. L. 105-383, title IV, Sec. 412(b), Nov. 13, 1998, 112 Stat.
3432, provided that:
``(1) In general.--The Secretary may establish a pilot program to
exempt a vessel of at least 300 gross tons as measured under chapter 143
or chapter 145 of title 46, United States Code, from the requirement to
be inspected under section 3301(7) of title 46, United States Code, as a
seagoing motor vessel, if-``(A) the vessel does not carry any cargo or passengers for
hire;
``(B) the vessel does not engage in commercial service,
commercial fisheries, or oceanographic research; and

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``(C) the vessel does not engage in towing.
``(2) Expiration of authority.--The authority to grant the
exemptions under this subsection expires 2 years after the date of the
enactment of this Act [Nov. 13, 1998]. Any specific exemptions granted
under this subsection shall nonetheless remain in effect.''
Small Passenger Vessel Pilot Inspection Program With State of Minnesota
Section 1122 of Pub. L. 104-324 provided that:
``(a) In General.--The Secretary may enter into an agreement with
the State under which the State may inspect small passenger vessels
operating in waters of that State designated by the Secretary, if-``(1) the State plan for the inspection of small passenger
vessels meets such requirements as the Secretary may require to
ensure the safety and operation of such vessels in accordance with
the standards that would apply if the Coast Guard were inspecting
such vessels; and
``(2) the State will provide such information obtained through
the inspection program to the Secretary annually in such form and in
such detail as the Secretary may require.
``(b) Fees.--The Secretary may adjust or waive the user fee imposed
under section 3317 of title 46, United States Code, for the inspection
of small passenger vessels inspected under the State program.
``(c) Termination.--The authority provided by subsection (a)
terminates on December 31, 1999.
``(d) Definitions.--For purposes of this section-``(1) Secretary.--The term `Secretary' means the Secretary of
the department in which the Coast Guard is operating.
``(2) State.--The term `State' means the State of Minnesota.
``(3) Small passenger vessel.--The term `small passenger vessel'
means a small passenger vessel (as defined in section 2101(35) of
title 46, United States Code) of not more than 40 feet overall in
length.''
Section Referred to in Other Sections
This section is referred to in sections 2101, 3302 of this title.

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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
January 23, 2000 and December 4, 2001]
[CITE: 46USC3306]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part B--Inspection and Regulation of Vessels
CHAPTER 33--INSPECTION GENERALLY
Sec. 3306. Regulations
(a) To carry out this part and to secure the safety of individuals
and property on board vessels subject to inspection, the Secretary shall
prescribe necessary regulations to ensure the proper execution of, and
to carry out, this part in the most effective manner for-(1) the design, construction, alteration, repair, and operation
of those vessels, including superstructures, hulls, fittings,
equipment, appliances, propulsion machinery, auxiliary machinery,
boilers, unfired pressure vessels, piping, electric installations,
and accommodations for passengers and crew, sailing school
instructors, and sailing school students;
(2) lifesaving equipment and its use;
(3) firefighting equipment, its use, and precautionary measures
to guard against fire;
(4) inspections and tests related to paragraphs (1), (2), and
(3) of this subsection; and
(5) the use of vessel stores and other supplies of a dangerous
nature.
(b)(1) Equipment and material subject to regulation under this
section may not be used on any vessel without prior approval of the
Secretary.
(2) Except with respect to use on a public vessel, the Secretary may
treat an approval of equipment or materials by a foreign government as
approval by the Secretary for purposes of paragraph (1) if the Secretary
determines that-(A) the design standards and testing procedures used by that
government meet the requirements of the International Convention for
the Safety of Life at Sea, 1974;
(B) the approval of the equipment or material by the foreign
government will secure the safety of individuals and property on
board vessels subject to inspection; and
(C) for lifesaving equipment, the foreign government-(i) has given equivalent treatment to approvals of
lifesaving equipment by the Secretary; and
(ii) otherwise ensures that lifesaving equipment approved by
the Secretary may be used on vessels that are documented and
subject to inspection under the laws of that country.
(c) In prescribing regulations for sailing school vessels, the
Secretary shall consult with representatives of the private sector
having experience in the operation of vessels likely to be certificated
as sailing school vessels. The regulations shall-(1) reflect the specialized nature of sailing school vessel
operations, and the character, design, and construction of vessels
operating as sailing school vessels; and
(2) include requirements for notice to sailing school
instructors and sailing school students about the specialized nature

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of sailing school vessels and applicable safety regulations.
(d) In prescribing regulations for nautical school vessels operated
by the United States Merchant Marine Academy or by a State maritime
academy (as defined in section 1302(3) of the Merchant Marine Act, 1936
(46 App. U.S.C. 1295a(3))), the Secretary shall consider the function,
purpose, and operation of the vessels, their routes, and the number of
individuals who may be carried on the vessels.
(e) When the Secretary finds it in the public interest, the
Secretary may suspend or grant exemptions from the requirements of a
regulation prescribed under this section related to lifesaving and
firefighting equipment, muster lists, ground tackle and hawsers, and
bilge systems.
(f) In prescribing regulations for offshore supply vessels, the
Secretary shall consider the characteristics, methods of operation, and
the nature of the service of offshore supply vessels.
(g) In prescribing regulations for fish processing or fish tender
vessels, the Secretary shall consult with representatives of the private
sector having experience in the operation of these vessels. The
regulations shall reflect the specialized nature and economics of fish
processing or fish tender vessel operations and the character, design,
and construction of fish processing or fish tender vessels.
(h) The Secretary shall establish appropriate structural fire
protection, manning, operating, and equipment requirements for vessels
of at least 100 gross tons but less than 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 carrying not more than 150 passengers on
domestic voyages, which meet the eligibility criteria of section 2113(4)
of this title.
(i) The Secretary shall establish appropriate structural fire
protection, manning, operating, and equipment requirements for former
public vessels of the United States of at least 100 gross tons but less
that 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 carrying
not more than 150 passengers on domestic voyages, which meet the
eligibility criteria of section 2113(5) of this title.
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 513; Pub. L. 98-364, title IV,
Sec. 402(5), July 17, 1984, 98 Stat. 446; Pub. L. 103-206, title V,
Sec. 512(a), Dec. 20, 1993, 107 Stat. 2442; Pub. L. 104-324, title VI,
Sec. 604(a), (c), title VII, Sec. 712, Oct. 19, 1996, 110 Stat. 3930,
3931, 3936.)
Historical and Revision Notes
-----------------------------------------------------------------------Revised section
Source section (U.S. Code)
-----------------------------------------------------------------------3306.............................. 46:366
46:369
46:375
46:390b
46:392
46:404
46:408
46:411
46:412
46:416
46:420
46:445
46:459
46:473
46:477
46:478

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46:479
46:481
46:482
46:483
46:489
46:526p
46:1295f(c)
-----------------------------------------------------------------------Section 3306 contains broad authority to prescribe regulations for
the proper inspection and certification of vessels. It provides
regulatory flexibility for meeting technological changes. The section
also permits flexibility in prescribing regulations for nautical school
vessels operated by the United States Merchant Marine Academy or by a
State maritime academy. The Secretary may suspend or grant exemptions to
certain limited inspection requirements when the Secretary finds that
this is necessary in the public interest. It also contains the
requirement that in regulating offshore supply vessels consideration
must be given to the special nature of their operations.
Amendments
1996--Subsec. (a)(4). Pub. L. 104-324, Sec. 604(c), substituted
``paragraphs (1), (2), and (3)'' for ``clauses (1)-(3)''.
Subsec. (b). Pub. L. 104-324, Sec. 604(a), amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows: ``Equipment
subject to regulation under this section may not be used on any vessel
without prior approval as prescribed by regulation.''
Subsec. (h). Pub. L. 104-324, Sec. 712(1), inserted ``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'' after ``300 gross tons''.
Subsec. (i). Pub. L. 104-324, Sec. 712(2), inserted ``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'' after ``500 gross tons''.
1993--Subsecs. (h), (i). Pub. L. 103-206 added subsecs. (h) and (i).
1984--Subsec. (g). Pub. L. 98-364 added subsec. (g).
Regulations
Section 512(b), (c) of Pub. L. 103-206 provided that:
``(b) The Secretary of Transportation shall, within twenty-four
months of the date of enactment of this Act [Dec. 20, 1993], prescribe
regulations establishing the structural fire protection, manning,
operating, and equipment requirements for vessels which meet the
requirements of subsections (h) and (i) of section 3306 of title 46,
United States Code, as amended by this Act.
``(c) Before the Secretary of Transportation prescribes regulations
under subsections (h) and (i) of section 3306 of title 46, United States
Code, as amended by this Act, the Secretary may prescribe the route,
service, manning, and equipment for those vessels based on existing
passenger vessel and small passenger vessel regulations.''
Foreign Approvals
Section 604(b) of Pub. L. 104-324 provided that: ``The Secretary of
Transportation, in consultation with other interested Federal agencies,
shall work with foreign governments to have those governments approve
the use of the same equipment and materials on vessels documented under
the laws of those countries that the Secretary requires on United States
documented vessels.''

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International Convention for Safety of Life at Sea
For International Conventions for the Safety of Life at Sea to which
the United States has been a party, see section 1602 of Title 33,
Navigation and Navigable Waters, and notes thereunder.
Section Referred to in Other Sections
This section is referred to in sections 3313, 3318 of this title.

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