1625-0057 Stat Authority

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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: 46USC3305]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part B--Inspection and Regulation of Vessels
CHAPTER 33--INSPECTION GENERALLY
Sec. 3305. Scope and standards of inspection
(a) The inspection process shall ensure that a vessel subject to
inspection-(1) is of a structure suitable for the service in which it is to
be employed;
(2) is equipped with proper appliances for lifesaving, fire
prevention, and firefighting;
(3) has suitable accommodations for the crew, sailing school
instructors, and sailing school students, and for passengers on the
vessel if authorized to carry passengers;
(4) is in a condition to be operated with safety to life and
property; and
(5) complies with applicable marine safety laws and regulations.
(b) If an inspection, or examination under section 3308 of this
title, reveals that a life preserver, lifesaving device, or firehose is
defective and incapable of being repaired, the owner or master shall
destroy the life preserver, lifesaving device, or firehose in the
presence of the official conducting the inspection or examination.
(c) A nautical school vessel operated by a civilian nautical school
or by an educational institution under section 13 of the Coast Guard
Authorization Act of 1986 shall be inspected like a small passenger
vessel or a passenger vessel, depending on its tonnage.
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 513; Pub. L. 99-36,
Sec. 1(a)(1), May 15, 1985, 99 Stat. 67; Pub. L. 99-640, Sec. 13(e),
Nov. 10, 1986, 100 Stat. 3551.)
Historical and Revision Notes
-----------------------------------------------------------------------Revised section
Source section (U.S. Code)
-----------------------------------------------------------------------3305.............................. 46:369
46:390a
46:391
46:392
46:395
46:404-1
46:405
46:406
46:407
46:408
46:660a
46:881
-----------------------------------------------------------------------Section 3305 consolidates, at one place, the basic scope of coverage
of the inspection process. It is to be noted that the time difference in

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enactment of various statutes has resulted in some anomalies. Thus, for
example, R.S. 4417 (46 U.S.C. 391) which had originally set periods of
inspection and vested authority in ``local inspectors'' was expanded
over the years to provide the base for inspection of certain classes of
vessels as well as setting out the periods and scope. The distillation
of inspection objectives and standards in later laws and the transfer of
all functions of separately created bureaus and functionaries to the
Coast Guard permit this consolidation. There are those who have a desire
to see the scope and standards of inspection be more specific in law
similar to those presently applicable to boilers and boiler plating that
predate 1871. The Committee believes this serves no useful purpose since
the specifics are either antiquated or too limiting and have, in fact,
been superceded by the statutorily authorized adoption of various
industrial specifications, standards, and codes by the Coast Guard.
These include the American Bureau of Shipping (ABS), American Society of
Mechanical Engineers (ASME), American National Standards Institute
(ANSI), American Society for Testing and Materials (ASTM), American
Welding Society (AWS), Underwriters Laboratories (UL), and many others.
In addition, Coast Guard regulations must also implement and conform to
the numerous international maritime safety treaties to which the United
States is signatory. The Committee expects that the regulatory
flexibility being provided will not reduce the present vessel inspection
requirements that have been historically developed.
Section 3305(a) establishes the statutory scope of the Coast Guard's
vessel inspection authority and duty. The inspection process shall
ensure that a vessel is of suitable structure, equipment, and
accommodations, is maintained in an operating condition consistent with
safety of life and property, and complies with applicable marine safety
laws and regulations.
Subsection (b) requires that defective life preservers and firehose
be destroyed in the presence of the inspecting official, normally a
qualified Coast Guard marine inspector. The Committee believes that if
this equipment is defective for use on an inspected vessel, it should be
destroyed so that it cannot be used on an uninspected or recreational
vessel.
Subsection (c) provides flexibility in the inspection of various
sizes of nautical school vessels.
References in Text
Section 13 of the Coast Guard Authorization Act of 1986, referred to
in subsec. (c), is section 13 of Pub. L. 99-640, which enacted section
484d of Title 40, Public Buildings, Property, and Works, and amended
sections 2101 and 3305 of this title.
Amendments
1986--Subsec. (c). Pub. L. 99-640 inserted ``or by an educational
institution under section 13 of the Coast Guard Authorization Act of
1986''.
1985--Subsec. (b). Pub. L. 99-36 substituted ``lifesaving'' and
``life preserver, lifesaving device, or firehose'' for ``life-saving''
and ``life preserver or firehose'', respectively.

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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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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 46USC3502]

TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part B--Inspection and Regulation of Vessels
CHAPTER 35--CARRIAGE OF PASSENGERS
Sec. 3502. List or count of passengers
(a) The owner, charterer, managing operator, master, or individual
in charge of the following categories of vessels carrying passengers
shall keep a correct list of passengers received and delivered from day
to day:
(1) vessels arriving from foreign ports (except at United States
Great Lakes ports from Canadian Great Lakes ports).
(2) seagoing vessels in the coastwise trade.
(3) passenger vessels making voyages of more than 300 miles on
the Great Lakes except from a Canadian to a United States port.
(b) The master of a vessel carrying passengers (except a vessel
listed in subsection (a) of this section) shall keep a correct count of
all passengers received and delivered.
(c) Lists and counts required under this section shall be open to
the inspection of designated officials of the Coast Guard and the
Customs Service at all times. The total number of passengers shall be
provided to the Coast Guard when requested.
(d) This section applies to a foreign vessel arriving at a United
States port.
(e) The owner, charterer, managing operator, master, or individual
in charge of a passenger vessel failing to make a list or count of
passengers as required by this section is liable to the United States
Government for a civil penalty of $100. The vessel also is liable in rem
for the penalty.
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 519.)
Historical and Revision Notes
-----------------------------------------------------------------------Revised section
Source section (U.S. Code)
-----------------------------------------------------------------------3502.............................. 46:460
46:460a
46:461
46:462
-----------------------------------------------------------------------Section 3502 is related to section 3501 and requires the listing or
counting of passengers on certain vessels. This requirement applies to
large as well as small passenger vessels when operating on the types of
voyages enumerated. This section also applies to a foreign vessel
arriving at a port or place in the United States.

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