1625-0032 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: 46USC2113]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part A--General Provisions
CHAPTER 21--GENERAL
Sec. 2113. Authority to exempt certain vessels
If the Secretary decides that the application of a provision of part
B, C, F, or G of this subtitle is not necessary in performing the
mission of the vessel engaged in excursions or an oceanographic research
vessel, or not necessary for the safe operation of certain vessels
carrying passengers, the Secretary by regulation may-(1) for a vessel, issue a special permit specifying the
conditions of operation and equipment;
(2) exempt an oceanographic research vessel from that provision
under conditions the Secretary may specify;
(3) establish different operating and equipment requirements for
vessels defined in section 2101(42)(A) of this title;
(4) establish different 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 if the owner of the vessel-(A) makes application for inspection to the Coast Guard
within 6 months of the date of enactment of the Passenger Vessel
Safety Act of 1993; and
(B) provides satisfactory documentation that the vessel was
chartered at least once within the previous 12 months prior to
the date of enactment of that Act; and
(5) establish different structural fire protection, manning,
operating, and equipment requirements for former public vessels of
the United States of at least 100 gross tons but less than 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, if the owner of the
vessel-(A) makes application for inspection to the Coast Guard
within 6 months of the date of enactment of the Passenger Vessel
Safety Act of 1993; and
(B) provides satisfactory documentation that the vessel was
chartered at least once within the previous 12 months prior to
the date of enactment of that Act.
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 508; Pub. L. 103-206, title V,
Sec. 511(a), Dec. 20, 1993, 107 Stat. 2441; Pub. L. 104-324, title VII,
Sec. 710, Oct. 19, 1996, 110 Stat. 3935.)
Historical and Revision Notes
-----------------------------------------------------------------------Revised section
Source section (U.S. Code)

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-----------------------------------------------------------------------2113.............................. 46:445
46:453
-----------------------------------------------------------------------Section 2113 provides the Secretary with the authority to exempt
certain vessels from the inspection and manning requirements of law when
vessels are engaged in excursions or oceanographic research. This is the
authority of the issuance of excursion permits when special
circumstances justify the waiver of certain maritime safety and seamen's
welfare laws for a short period of time. It also contains flexible
exemption authority for regulation of oceanographic research vessels.
References in Text
The date of enactment of the Passenger Vessel Safety Act of 1993,
referred to in pars. (4) and (5), is the date of the enactment of Pub.
L. 103-206, which was approved Dec. 20, 1993.
Amendments
1996--Par. (4). Pub. L. 104-324, Sec. 710(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 ``less than 300 gross tons''.
Par. (5). Pub. L. 104-324, Sec. 710(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 ``less than 500 gross tons''.
1993--Pub. L. 103-206 amended section catchline and text generally.
Prior to amendment, text read as follows: ``If the Secretary decides
that the application of a provision of part B or F of this subtitle is
not necessary in performing the mission of a vessel engaged in
excursions or an oceanographic research vessel, the Secretary by
regulation may-``(1) for an excursion vessel, issue a special permit specifying
the conditions of operation and equipment; and
``(2) exempt the oceanographic research vessel from that
provision under conditions the Secretary may specify.''
Section Referred to in Other Sections
This section is referred to in section 3306 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: 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: 46USC3304]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part B--Inspection and Regulation of Vessels
CHAPTER 33--INSPECTION GENERALLY
Sec. 3304. Transporting individuals in addition to crew
(a) A documented vessel transporting cargo that transports not more
than 12 individuals in addition to the crew on international voyages, or
not more than 16 individuals in addition to the crew on other voyages,
is not subject to inspection as a passenger vessel or a small passenger
vessel if the vessel is otherwise subject to inspection under this
chapter.
(b) Except when subsection (e) of this section applies, before an
individual in addition to the crew is transported on a vessel as
permitted by this section, the owner, charterer, managing operator,
agent, master, or individual in charge of the vessel first shall notify
the individual of the presence on board of dangerous articles as defined
by law, and of other conditions or circumstances that would constitute a
risk of safety to the individual on board.
(c) A privilege authorized by this section applies to a vessel of a
foreign country that affords a similar privilege to vessels of the
United States in trades not restricted to vessels under its own flag.
(d) A fishing, fish processing, or fish tender vessel that
transports not more than 12 individuals employed in the fishing industry
in addition to the crew is not subject to inspection as a passenger or
small passenger vessel.
(e) The Secretary may by regulation allow individuals in addition to
the crew to be transported in an emergency or under section 2304 of this
title.
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 513; Pub. L. 98-364, title IV,
Sec. 402(4), July 17, 1984, 98 Stat. 446; Pub. L. 99-307, Sec. 1(5)(A),
May 19, 1986, 100 Stat. 444.)
Historical and Revision Notes
-----------------------------------------------------------------------Revised section
Source section (U.S. Code)
-----------------------------------------------------------------------3304.............................. 46:390-393
46:882
-----------------------------------------------------------------------Section 3304 permits the carriage of not more than 12 individuals in
addition to the crew on international voyages or not more than 16
individuals in addition to the crew on other voyages without subjecting
a documented vessel carrying cargo to the inspection requirements of a
passenger vessel. This section permits the bulk of vessels subject to
the International Convention for Safety of Life at Sea to carry up to 12
passengers and to permit other cargo vessels, primarily those engaged in
the coastwise trade, to carry up to 16 passengers without being
categorized as passenger vessels. It also requires that these
individuals be notified of the presence of dangerous articles or other
conditions or circumstances that constitute a risk of safety. This is of

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prime importance on tank vessels that carry flammable or hazardous
cargoes.
Amendments
1986--Pub. L. 99-307, Sec. 1(5)(A)(i), substituted ``Transporting''
for ``Carrying'' in section catchline.
Subsec. (a). Pub. L. 99-307, Sec. 1(5)(A)(ii), substituted
``transporting cargo that transports'' for ``carrying cargo that
carries'' and inserted ``if the vessel is otherwise subject to
inspection under this chapter''.
Subsec. (b). Pub. L. 99-307, Sec. 1(5)(A)(iii), substituted ``Except
when subsection (e) of this section applies, before'' for ``Before'' and
``transported'' for ``carried''.
Subsec. (c). Pub. L. 99-307, Sec. 1(5)(A)(iv), substituted ``A
privilege'' for ``The privilege''.
Subsec. (e). Pub. L. 99-307, Sec. 1(5)(A)(v), added subsec. (e).
1984--Subsec. (d). Pub. L. 98-364 added subsec. (d).
Section Referred to in Other Sections
This section is referred to in section 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: 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 23, 2000]
[Document not affected by Public Laws enacted between
January 23, 2000 and December 4, 2001]
[CITE: 46USC3307]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part B--Inspection and Regulation of Vessels
CHAPTER 33--INSPECTION GENERALLY
Sec. 3307. Frequency of inspection
Each vessel subject to inspection under this part shall undergo an
initial inspection for certification before being put into service.
After being put into service-(1) each passenger vessel, nautical school vessel, and small
passenger vessel allowed to carry more than 12 passengers on a
foreign voyage shall be inspected at least once a year; and
(2) any other vessel shall be inspected at least once every 5
years.
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 514; Pub. L. 104-324, title VI,
Sec. 605(a), Oct. 19, 1996, 110 Stat. 3931.)
Historical and Revision Notes
-----------------------------------------------------------------------Revised section
Source section (U.S. Code)
-----------------------------------------------------------------------3307(1)........................... 46:391(c)
46:1295f(c)
3307(2)........................... 46:390a(a)
46:404-1(6)(i)
3307(3)........................... 46:391(b)
46:392(b)
46:404-1(6)(ii)
-----------------------------------------------------------------------Section 3307 requires each vessel subject to inspection to undergo
an initial inspection prior to being placed in service. This is normally
started during the construction or reconstruction phase and is a
continuing process until final certification for operation in a
particular trade. Subsequent periodic inspections are also required for
various types of vessels. It is to be noted that a freight vessel of
less than 100 gross tons shall be inspected at 3 year intervals while
the larger freight vessel has a 2 year inspection period. This is being
done to retain the existing procedure of issuing 3 year certificates of
inspection to smaller vessels, however, this does not prevent periodic
inspections or examinations at intervening periods.
Amendments
1996--Par. (1). Pub. L. 104-324, Sec. 605(a)(1), substituted ``,
nautical school vessel, and small passenger vessel allowed to carry more
than 12 passengers on a foreign voyage'' for ``and nautical school
vessel'' and inserted ``and'' at end.
Pars. (2), (3). Pub. L. 104-324, Sec. 605(a)(2), (3), redesignated
par. (3) as (2), substituted ``5 years'' for ``2 years'', and struck out
former par. (2) which read as follows: ``each small passenger vessel,

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freight vessel or offshore supply vessel of less than 100 gross tons,
and sailing school vessel shall be inspected at least once every 3
years; and''.
Section Referred to in Other Sections
This section is referred to in sections 3308, 3309 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: 46USC3308]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part B--Inspection and Regulation of Vessels
CHAPTER 33--INSPECTION GENERALLY
Sec. 3308. Examinations
In addition to inspections required by section 3307 of this title,
the Secretary shall examine or have examined-(1) each vessel subject to inspection at proper times to ensure
compliance with law and regulations; and
(2) crewmember accommodations on each vessel subject to
inspection at least once a month or when the vessel enters United
States ports to ensure that the accommodations are-(A) of the size required by law and regulations;
(B) properly ventilated and in a clean and sanitary
condition; and
(C) equipped with proper plumbing and mechanical appliances
required by law and regulations, and the appliances are in good
working condition.
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 514; Pub. L. 104-324, title VI,
Sec. 603(c), Oct. 19, 1996, 110 Stat. 3930.)
Historical and Revision Notes
-----------------------------------------------------------------------Revised section
Source section (U.S. Code)
-----------------------------------------------------------------------3308.............................. 46:435
46:660a
46:660b
-----------------------------------------------------------------------Section 3308 requires the Secretary to carry out additional
inspections as might be necessary to ensure compliance with applicable
laws and regulations, and to ensure that accommodations are maintained
in a sanitary condition and that all appliances are in good working
order.
Amendments
1996--Pub. L. 104-324 inserted ``or have examined'' after
``examine'' in introductory provisions.
Section Referred to in Other Sections
This section is referred to in section 3305 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 2, 2001]
[Document not affected by Public Laws enacted between
January 2, 2001 and December 19, 2002]
[CITE: 46USC3309]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part B--Inspection and Regulation of Vessels
CHAPTER 33--INSPECTION GENERALLY
Sec. 3309. Certificate of inspection
(a) When an inspection under section 3307 of this title has been
made and a vessel has been found to be in compliance with the
requirements of law and regulations, a certificate of inspection, in a
form prescribed by the Secretary, shall be issued to the vessel.
(b) The Secretary may issue a temporary certificate of inspection in
place of a regular certificate of inspection issued under subsection (a)
of this section.
(c) At least 30 days before the current certificate of inspection
issued to a vessel under subsection (a) of this section expires, the
owner, charterer, managing operator, agent, master, or individual in
charge of the vessel shall submit to the Secretary in writing a notice
that the vessel-(1) will be required to be inspected; or
(2) will not be operated so as to require an inspection.
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 515; Pub. L. 98-498, title II,
Sec. 211(a), Oct. 19, 1984, 98 Stat. 2303; Pub. L. 104-324, title VI,
Sec. 606, Oct. 19, 1996, 110 Stat. 3931.)
Historical and Revision Notes
-----------------------------------------------------------------------Revised section
Source section (U.S. Code)
-----------------------------------------------------------------------3309.............................. 46:390c
46:391a(8)
46:395(d)
46:399
-----------------------------------------------------------------------Section 3309 provides for the issuance of a certificate of
inspection that attests to the fact that the vessel has been found to be
in compliance with the applicable maritime safety laws and regulations.
Under this provision the Coast Guard can issue a temporary certificate
of inspection upon compliance with the applicable laws or regulations to
facilitate the preparation, processing, and forwarding of the regular
certificate of inspection to the vessel. A temporary certificate does
not imply less than satisfactory compliance.
Amendments
1996--Subsec. (c). Pub. L. 104-324 struck out ``(but not more than
60 days)'' after ``30 days'' in introductory provisions.
1984--Subsec. (c). Pub. L. 98-498 added subsec. (c).
Effective Date of 1984 Amendment

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Amendment by Pub. L. 98-498 effective 180 days after Oct. 19, 1984,
see section 214 of Pub. L. 98-498, set out as an Effective Date note
under section 2306 of this title.
Section Referred to in Other Sections
This section is referred to in sections 3311, 3312, 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: 46USC3310]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part B--Inspection and Regulation of Vessels
CHAPTER 33--INSPECTION GENERALLY
Sec. 3310. Records of certification
The Secretary shall keep records of certificates of inspection of
vessels and of all acts in the examination and inspection of vessels,
whether of approval or disapproval.
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 515.)
Historical and Revision Notes
-----------------------------------------------------------------------Revised section
Source section (U.S. Code)
-----------------------------------------------------------------------3310.............................. 46:414
-----------------------------------------------------------------------Section 3310 contains the requirement for maintaining inspection
records.

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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: 46USC3311]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part B--Inspection and Regulation of Vessels
CHAPTER 33--INSPECTION GENERALLY
Sec. 3311. Certificate of inspection required
(a) Except as provided in subsection (b), a vessel subject to
inspection under this part may not be operated without having on board a
certificate of inspection issued under section 3309 of this title.
(b) The Secretary may direct the owner, charterer, managing
operator, agent, master, or individual in charge of a vessel subject to
inspection under this chapter and not having on board a certificate of
inspection-(1) to have the vessel proceed to mooring and remain there until
a certificate of inspection is issued;
(2) to take immediate steps necessary for the safety of the
vessel, individuals on board the vessel, or the environment; or
(3) to have the vessel proceed to a place to make repairs
necessary to obtain a certificate of inspection.
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 515; Pub. L. 98-498, title II,
Sec. 211(b), Oct. 19, 1984, 98 Stat. 2304.)
Historical and Revision Notes
-----------------------------------------------------------------------Revised section
Source section (U.S. Code)
-----------------------------------------------------------------------3311.............................. 46:390c
46:395
46:399
-----------------------------------------------------------------------Section 3311 prohibits the operation of a vessel subject to
inspection without having on board a valid certificate of inspection.
Amendments
1984--Pub. L. 98-498 designated existing provisions as subsec. (a),
substituted ``Except as provided in subsection (b), a vessel'' for ``A
vessel'', struck out ``valid'' before ``certificate of inspection'', and
added subsec. (b).
Section Referred to in Other Sections
This section is referred to in section 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: 46USC3312]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part B--Inspection and Regulation of Vessels
CHAPTER 33--INSPECTION GENERALLY
Sec. 3312. Display of certificate of inspection
The certificate of inspection issued to a vessel under section 3309
of this title shall be displayed, suitably framed, in a conspicuous
place on the vessel. When it is not practicable to so display the
certificate, it shall be carried in the manner prescribed by regulation.
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 515.)
Historical and Revision Notes
-----------------------------------------------------------------------Revised section
Source section (U.S. Code)
-----------------------------------------------------------------------3312.............................. 46:400
-----------------------------------------------------------------------Section 3312 requires the conspicuous display of the certificate of
inspection to provide notice that the vessel is in compliance with
applicable maritime safety laws and regulations. The section also
applies to the posting of the temporary certificate of inspection.

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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: 46USC3313]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part B--Inspection and Regulation of Vessels
CHAPTER 33--INSPECTION GENERALLY
Sec. 3313. Compliance with certificate of inspection
(a) During the term of a vessel's certificate of inspection, the
vessel must be in compliance with its conditions, unless relieved by a
suspension or an exemption granted under section 3306(e) of this title.
(b) When a vessel is not in compliance with its certificate or fails
to meet a standard prescribed by this part or a regulation prescribed
under this part-(1) the owner, charterer, managing operator, agent, master, or
individual in charge shall be ordered in writing to correct the
noted deficiencies promptly;
(2) the Secretary may permit any repairs to be made at a place
most convenient to the owner, charterer, or managing operator when
the Secretary decides the repairs can be made with safety to those
on board and the vessel;
(3) the vessel may be required to cease operating at once; and
(4) if necessary, the certificate shall be suspended or revoked.
(c) The vessel's certificate of inspection shall be revoked if a
condition unsafe to life that is ordered to be corrected under this
section is not corrected at once.
(d) The owner, charterer, managing operator, agent, master, or
individual in charge of a vessel whose certificate has been suspended or
revoked shall be given written notice immediately of the suspension or
revocation. The owner or master may appeal to the Secretary the
suspension or revocation within 30 days of receiving the notice, as
provided by regulations prescribed by the Secretary.
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 515.)
Historical and Revision Notes
-----------------------------------------------------------------------Revised section
Source section (U.S. Code)
-----------------------------------------------------------------------3313.............................. 46:390c
46:391a(8)
46:435
-----------------------------------------------------------------------Section 3313 requires a vessel to be maintained in a condition so as
to always be in compliance with the applicable laws and regulations.
Here the master, owner, or other responsible party is required to
maintain the vessel to inspection standards and to correct all
deficiencies observed. When a vessel is not in compliance with its
certificate the responsible parties shall be ordered in writing to
correct the deficiencies promptly. The section provides flexibility as
to when and where these deficiencies may be corrected consistent with
the safety of the vessel and crew. The section provides authority to
require the vessel to cease operating or, if necessary, to suspend or

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revoke its certificate of inspection when found not to be in compliance
with its certificate or regulations. The owner or master, or other
responsible party must be given written notice and may appeal this
action within 30 days of receiving the notice.

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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: 46USC3714]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part B--Inspection and Regulation of Vessels
CHAPTER 37--CARRIAGE OF LIQUID BULK DANGEROUS CARGOES
Sec. 3714. Inspection and examination
(a)(1) The Secretary shall have each vessel to which this chapter
applies inspected or examined at least once each year.
(2) Each of those vessels that is more than 10 years of age shall
undergo a special and detailed inspection of structural strength and
hull integrity as specified by the Secretary.
(3) The Secretary may make contracts for conducting inspections or
examinations in the United States and in foreign countries. An inspector
conducting an inspection or examination under contract may not issue a
certificate of inspection or a certificate of compliance, but the
inspector may issue a temporary certificate.
(4) The Secretary shall prescribe by regulation reasonable fees for
an inspection or examination conducted under this section outside the
United States, or which, when involving a foreign vessel, is conducted
under a contract authorized by paragraph (3) of this subsection. The
owner, charterer, or managing operator of a vessel inspected or examined
by the Secretary is liable for the fees. Amounts received as fees shall
be deposited in the Treasury.
(5) The Secretary may allow provisional entry of a vessel to conduct
an inspection or examination under this chapter.
(b) Each vessel to which this chapter applies shall have on board
those documents the Secretary considers necessary for inspection and
enforcement, including documents listing-(1) the type, grade, and approximate quantities of cargo on
board;
(2) the shipper and consignee of the cargo;
(3) the places of origin and destination of the vessel; and
(4) the name of an agent in the United States authorized to
accept service of legal process.
(c) Each vessel to which this chapter applies that operates in the
United States shall have a person designated as authorized to accept
service of legal process for the vessel.
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 526; Pub. L. 99-307, Sec. 1(8),
May 19, 1986, 100 Stat. 445.)
Historical and Revision Notes
-----------------------------------------------------------------------Revised section
Source section (U.S. Code)
-----------------------------------------------------------------------3714.............................. 46:391a(15)
-----------------------------------------------------------------------Section 3714(a) requires the Secretary to establish a program for
the inspection of tank vessels, foreign or domestic, at least once each
year. The Committee contemplates that United States vessels will be
issued a 2 year certificate of inspection with a mid-period examination.

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The Committee also contemplates that foreign-flag vessels will continue
to be tracked and boarded at least once a year or when they first arrive
in the United States. The Secretary may examine the foreign-flag tank
vessel but may accept, as a basis for the issuance of a certificate of
compliance, in whole or in part a foreign-issued certificate.
Each vessel over 10 years of age must undergo a special and detailed
inspection of structural strength and hull integrity, as specified by
the Secretary. An inspection or examination may be conducted by any
officer authorized by the Secretary. The Committee expects that,
whenever possible, a qualified marine inspector will be used wherever
the vessel undergoes these 10-year inspections. The Secretary may also
contract for inspections or examinations in the United States and in
foreign countries.
The primary reason for including a provision that permits the
contracting for the conduct of inspections and examinations is to
provide flexibility in foreign areas where Coast Guard marine inspectors
are not normally available.
A contract inspector may be authorized to act on behalf of the
Secretary, but may not issue a certificate of inspection or compliance.
The inspector may, however, issue a temporary certificate.
The Committee understands that the 10-year inspections of United
States-flag and foreign-flag vessels may occur at the time the vessel is
scheduled for shipyard availability to complete the periodic
classification society survey.
The Secretary is also authorized and directed to prescribe by
regulation reasonable fees for certain inspections or examinations
conducted pursuant to this section based on the cost incurred. The owner
of any vessel inspected or examined by the Secretary or his designee
shall be liable for the fee. Amounts received as fees under this section
are to be deposited in the Treasury.
Section 3714(b) requires each vessel subject to this chapter to have
on board those documents the Secretary declares are necessary for
inspection or enforcement, including, but not limited to documents
indicating the kind, grade, and approximate quantities of any cargo on
board; the shipper and consignee of the cargo; the points of origin and
destination of the vessel; and the name of an agent in the United States
authorized to accept legal process.
Section 3714(c) requires each vessel subject to this chapter to have
a person authorized to accept service of legal process for the vessel.
Amendments
1986--Subsec. (a)(4). Pub. L. 99-307 substituted ``charterer'' for
``charter''.
Section Referred to in Other Sections
This section is referred to in section 3717 of this title.

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