1625-0082 46 Usc 3306

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From the U.S. Code Online via GPO Access
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[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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