Statutory Regulation

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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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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: 46USC4302]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part B--Inspection and Regulation of Vessels
CHAPTER 43--RECREATIONAL VESSELS
Sec. 4302. Regulations
(a) The Secretary may prescribe regulations-(1) establishing minimum safety standards for recreational
vessels and associated equipment, and establishing procedures and
tests required to measure conformance with those standards, with
each standard-(A) meeting the need for recreational vessel safety; and
(B) being stated, insofar as practicable, in terms of
performance;
(2) requiring the installation, carrying, or use of associated
equipment (including fuel systems, ventilation systems, electrical
systems, sound-producing devices, firefighting equipment, lifesaving
devices, signaling devices, ground tackle, life- and grab-rails, and
navigational equipment) on recreational vessels and classes of
recreational vessels subject to this chapter, and prohibiting the
installation, carrying, or use of associated equipment that does not
conform with safety standards established under this section; and
(3) requiring or permitting the display of seals, labels,
plates, insignia, or other devices for certifying or evidencing
compliance with safety regulations and standards of the United
States Government for recreational vessels and associated equipment.
(b) Each regulation prescribed under this section shall specify an
effective date that is not earlier than 180 days from the date the
regulation was published, unless the Secretary finds that there exists a
recreational vessel safety hazard so critical as to require an earlier
effective date. However, this period may not be more than 24 months for
cases involving, in the discretion of the Secretary, major product
design, retooling, or major changes in the manufacturing process.
(c) In prescribing regulations under this section, the Secretary
shall, among other things-(1) consider the need for and the extent to which the
regulations will contribute to recreational vessel safety;
(2) consider relevant available recreational vessel safety
standards, statistics, and data, including public and private
research, development, testing, and evaluation;
(3) not compel substantial alteration of a recreational vessel
or item of associated equipment that is in existence, or the
construction or manufacture of which is begun before the effective
date of the regulation, but subject to that limitation may require
compliance or performance, to avoid a substantial risk of personal
injury to the public, that the Secretary considers appropriate in

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relation to the degree of hazard that the compliance will correct;
and
(4) consult with the National Boating Safety Advisory Council
established under section 13110 of this title about the
considerations referred to in clauses (1)-(3) of this subsection.
(d) Section 8903 of this title does not apply to a vessel being
operated for bona fide dealer demonstrations provided without fee to
business invitees. However, if on the basis of substantial evidence, the
Secretary decides under this section that requiring vessels so operated
to be under the control of licensed individuals is necessary for boating
safety, then the Secretary may prescribe regulations requiring the
licensing of individuals controlling these vessels in the same manner as
provided in chapter 89 of this title for individuals in control of
vessels carrying passengers for hire.
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 530.)
Historical and Revision Notes
-----------------------------------------------------------------------Revised section
Source section (U.S. Code)
-----------------------------------------------------------------------4302.............................. 46:1454
46:1455
46:1456
46:1464(g)
46:1488
-----------------------------------------------------------------------Section 4302 authorizes the Secretary to prescribe regulations to
carry out the provisions of this chapter. In lieu of establishing
specific statutory safety requirements, subsection (a) provides flexible
regulatory authority to establish uniform standards for the design,
construction, materials, and performance of the boats themselves and all
associated equipment. It also provides for the display of seals and
other devices for certifying or evidencing compliance with applicable
safety regulations or standards.
Section 4302(b) requires a regulation prescribed under this section
to have an effective date that is not earlier than 180 days from
publication. However, in those instances where a safety hazard may be
critical an earlier effective date is authorized.
Section 4302(c) requires the Secretary to consider certain
objectives in developing regulatory controls and regulations or
standards and that there must be an effective consultation process.
Section 4302(d) exempts dealer demonstration boats from the
requirement of having to be named by a licensed individual when
demonstrating boats to prospective purchasers or other business invitees
when no fees are charged. The Secretary may require that boats so used
be under control of a licensed individual.
Availability and Use of EPIRBs for Recreational Vessels
Pub. L. 105-383, title III, Sec. 309, Nov. 13, 1998, 112 Stat. 3422,
provided that: ``The Secretary of Transportation, through the Coast
Guard and in consultation with the National Transportation Safety Board
and recreational boating organizations, shall, within 24 months of the
date of the enactment of this Act [Nov. 13, 1998], assess and report to
Congress on the use of emergency position indicating beacons (EPIRBs)
and similar devices by operators of recreational vessels on the

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Intracoastal Waterway and operators of recreational vessels beyond the
Boundary Line. The assessment shall at a minimum-``(1) evaluate the current availability and use of EPIRBs and
similar devices by the operators of recreational vessels and the
actual and potential contribution of such devices to recreational
boating safety; and
``(2) provide recommendations on policies and programs to
encourage the availability and use of EPIRBS [sic] and similar
devices by the operators of recreational vessels.''
Section Referred to in Other Sections
This section is referred to in sections 4303, 4306, 4310, 8905,
13110 of this title.

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