Statutory Authorization

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[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 46USC3316]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part B--Inspection and Regulation of Vessels
CHAPTER 33--INSPECTION GENERALLY
Sec. 3316. Classification societies
(a) Each department, agency, and instrumentality of the United
States Government shall recognize the American Bureau of Shipping as its
agent in classifying vessels owned by the Government and in matters
related to classification, as long as the Bureau is maintained as an
organization having no capital stock and paying no dividends. The
Secretary and the Secretary of Transportation each shall appoint one
representative (except when the Secretary is the Secretary of
Transportation, in which case the Secretary shall appoint both
representatives) who shall represent the Government on the executive
committee of the Bureau. The Bureau shall agree that the representatives
shall be accepted by it as active members of the committee. The
representatives shall serve without compensation, except for necessary
traveling expenses.
(b)(1) The Secretary may delegate to the American Bureau of Shipping
or another classification society recognized by the Secretary as meeting
acceptable standards for such a society, for a vessel documented or to
be documented under chapter 121 of this title, the authority to-(A) review and approve plans required for issuing a certificate
of inspection required by this part;
(B) conduct inspections and examinations; and
(C) issue a certificate of inspection required by this part and
other related documents.
(2) The Secretary may make a delegation under paragraph (1) to a
foreign classification society only-(A) to the extent that the government of the foreign country in
which the society is headquartered delegates authority and provides
access to the American Bureau of Shipping to inspect, certify, and
provide related services to vessels documented in that country; and
(B) if the foreign classification society has offices and
maintains records in the United States.
(3) When an inspection or examination has been delegated under this
subsection, the Secretary's delegate-(A) shall maintain in the United States complete files of all
information derived from or necessarily connected with the
inspection or examination for at least 2 years after the vessel
ceases to be certified; and
(B) shall permit access to those files at all reasonable times
to any officer, employee, or member of the Coast Guard designated-(i) as a marine inspector and serving in a position as a
marine inspector; or
(ii) in writing by the Secretary to have access to those
files.
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 516; Pub. L. 104-324, title VI,
Sec. 607(a), (b)(1), Oct. 19, 1996, 110 Stat. 3931, 3932.)

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Historical and Revision Notes
-----------------------------------------------------------------------Revised section
Source section (U.S. Code)
-----------------------------------------------------------------------3316.............................. 46:9 (less (c))
46:369
46:881
-----------------------------------------------------------------------Section 3316 prescribes the relationship between certain
classification societies and the Federal Government with respect to the
promotion of maritime safety and the security of life and property at
sea. Briefly stated, a classification society, like the American Bureau
of Shipping (ABS), establishes and administers standards for the design,
construction, and periodic survey of commercial vessels, yachts, and
other marine structures. Classification certifies adherence to these
standards, thus representing that a vessel or structure possesses the
structural and mechanical fitness required for its intended service.
The section requires that a Federal department, agency, or
instrumentality recognize the American Bureau of Shipping as its agent
for classing vessels owned by the Federal Government and in any matters
related to classification. In effect, the ABS has a statutory monopoly
on classing vessels of the United States Government. Additionally, the
section contains the authority to permit the Secretary to rely on
reports, documents, and certificates issued by a classification society
that is similar to the American Bureau of Shipping. However, a ``similar
classification society'' continues to mean one that is organized like
the American Bureau of Shipping with attendant governmental
representation.
Amendments
1996--Pub. L. 104-324, Sec. 607(b)(1), substituted ``Classification
societies'' for ``United States classification societies'' in section
catchline.
Subsec. (a). Pub. L. 104-324, Sec. 607(a)(3), which directed the
substitution of ``American Bureau of Shipping'' for ``Bureau'', was
executed by making the substitution the first place appearing, to
reflect the probable intent of Congress.
Pub. L. 104-324, Sec. 607(a)(1), (2), redesignated subsec. (b) as
(a) and struck out former subsec. (a) which read as follows: ``In
carrying out this part, the Secretary may rely on reports, documents,
and certificates issued by the American Bureau of Shipping or a similar
United States classification society, or an agent of the Bureau or
society.''
Subsec. (b). Pub. L. 104-324, Sec. 607(a)(2), (4), redesignated
subsec. (c) as (b), added pars. (1) and (2), redesignated former par.
(2) as (3), and struck out former par. (1) which read as follows: ``To
the maximum extent practicable, the Secretary may delegate to the Bureau
or a similar United States classification society, or an agent of the
Bureau or society, the inspection or examination, in the United States
or in a foreign country, of a vessel documented or to be documented as a
vessel of the United States. The Bureau, society, or agent may issue the
certificate of inspection required by this part and other certificates
essential to documentation.'' Former subsec. (b) redesignated (a).
Subsec. (c). Pub. L. 104-324, Sec. 607(a)(2), redesignated subsec.
(c) as (b).
Subsec. (d). Pub. L. 104-324, Sec. 607(a)(1), struck out subsec. (d)
which read as follows: ``The Secretary also may make an agreement with
or use the Bureau or a similar United States classification society, or
an agent of the Bureau or society, for reviewing and approving plans
required for issuing a certificate of inspection.''

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From the U.S. Code Online via GPO Access
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[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 46USC4502]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part B--Inspection and Regulation of Vessels
CHAPTER 45--UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS
Sec. 4502. Safety standards
(a) The Secretary shall prescribe regulations which require that
each vessel to which this chapter applies shall be equipped with-(1) readily accessible fire extinguishers capable of promptly
and effectively extinguishing a flammable or combustible liquid fuel
fire;
(2) at least one readily accessible life preserver or other
lifesaving device for each individual on board;
(3) an efficient flame arrestor, backfire trap, or other similar
device on the carburetors of each inboard engine which uses gasoline
as fuel;
(4) the means to properly and efficiently ventilate enclosed
spaces, including engine and fuel tank compartments, so as to remove
explosive or flammable gases;
(5) visual distress signals;
(6) a buoyant apparatus, if the vessel is of a type required by
regulations prescribed by the Secretary to be equipped with that
apparatus;
(7) alerting and locating equipment, including emergency
position indicating radio beacons, on vessels that operate beyond 3
nautical miles from the baselines from which the territorial sea of
the United States is measured, and which are owned in the United
States or beyond 3 nautical miles from the coastline of the Great
Lakes; and
(8) a placard as required by regulations prescribed under
section 10603(b) of this title.
(b)(1) In addition to the requirements of subsection (a) of this
section, the Secretary shall prescribe regulations requiring the
installation, maintenance, and use of the equipment in paragraph (2) of
this subsection for documented vessels to which this chapter applies
that-(A) operate beyond the Boundary Line;
(B) operate with more than 16 individuals on board; or
(C) in the case of a fish tender vessel, engage in the Aleutian
trade.
(2) The equipment to be required is as follows:
(A) alerting and locating equipment, including emergency
position indicating radio beacons;
(B) lifeboats or liferafts sufficient to accommodate all
individuals on board;
(C) at least one readily accessible immersion suit for each
individual on board that vessel when operating on the waters
described in section 3102 of this title;
(D) radio communications equipment sufficient to effectively
communicate with land-based search and rescue facilities;
(E) navigation equipment, including compasses, radar reflectors,

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nautical charts, and anchors;
(F) first aid equipment, including medicine chests; and
(G) other equipment required to minimize the risk of injury to
the crew during vessel operations, if the Secretary determines that
a risk of serious injury exists that can be eliminated or mitigated
by that equipment.
(c)(1) In addition to the requirements described in subsections (a)
and (b) of this section, the Secretary may prescribe regulations
establishing the standards in paragraph (2) of this subsection for
vessels to which this chapter applies that-(A)(i) were built after December 31, 1988, or undergo a major
conversion completed after that date; and
(ii) operate with more than 16 individuals on board; or
(B) in the case of a fish tender vessel, engage in the Aleutian
trade.
(2) The standards shall be minimum safety standards, including
standards relating to-(A) navigation equipment, including radars and fathometers;
(B) lifesaving equipment, immersion suits, signaling devices,
bilge pumps, bilge alarms, life rails, and grab rails;
(C) fire protection and firefighting equipment, including fire
alarms and portable and semiportable fire extinguishing equipment;
(D) use and installation of insulation material;
(E) storage methods for flammable or combustible material; and
(F) fuel, ventilation, and electrical systems.
(d)(1) The Secretary shall prescribe regulations for the operating
stability of a vessel to which this chapter applies-(A) that was built after December 31, 1989; or
(B) the physical characteristics of which are substantially
altered after December 31, 1989, in a manner that affects the
vessel's operating stability.
(2) The Secretary may accept, as evidence of compliance with this
subsection, a certification of compliance issued by the person providing
insurance for the vessel or by another qualified person approved by the
Secretary.
(e) In prescribing regulations under this chapter, the Secretary-(1) shall consider the specialized nature and economics of the
operations and the character, design, and construction of the
vessel; and
(2) may not require the alteration of a vessel or associated
equipment that was constructed or manufactured before the effective
date of the regulation.
(f) To ensure compliance with the requirements of this chapter, at
least once every 2 years the Secretary shall examine-(1) a fish processing vessel; and
(2) a fish tender vessel engaged in the Aleutian trade.
(Added Pub. L. 98-364, title IV, Sec. 402(7)(C), July 17, 1984, 98 Stat.
447; amended Pub. L. 98-557, Sec. 33(a), Oct. 30, 1984, 98 Stat. 2876;
Pub. L. 100-424, Sec. 2(a), Sept. 9, 1988, 102 Stat. 1585; Pub. L. 101595, title VI, Sec. 602(c), Nov. 16, 1990, 104 Stat. 2990; Pub. L. 104324, title III, Sec. 307, Oct. 19, 1996, 110 Stat. 3918; Pub. L. 105383, title III, Sec. 301(b)(5), Nov. 13, 1998, 112 Stat. 3417.)
Amendments
1998--Subsec. (a)(7). Pub. L. 105-383 substituted ``beyond 3
nautical miles from the baselines from which the territorial sea of the
United States is measured, and which are owned in the United States''

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for ``on the high seas''.
1996--Subsec. (a)(7). Pub. L. 104-324 inserted ``or beyond 3
nautical miles from the coastline of the Great Lakes'' after ``high
seas''.
1990--Subsec. (b). Pub. L. 101-595, Sec. 602(c)(1), amended subsec.
(b) generally. Prior to amendment, subsec. (b) read as follows: ``In
addition to the requirements of subsection (a) of this section, the
Secretary shall prescribe regulations for documented vessels to which
this chapter applies that operate beyond the Boundary Line or that
operate with more than 16 individuals on board, for the installation,
maintenance, and use of-``(1) alerting and locating equipment, including emergency
position indicating radio beacons;
``(2) lifeboats or liferafts sufficient to accommodate all
individuals on board;
``(3) at least one readily accessible immersion suit for each
individual on board that vessel when operating on the waters
described in section 3102 of this title;
``(4) radio communications equipment sufficient to effectively
communicate with land-based search and rescue facilities;
``(5) navigation equipment, including compasses, radar
reflectors, nautical charts, and anchors;
``(6) first aid equipment, including medicine chests; and
``(7) other equipment required to minimize the risk of injury to
the crew during vessel operations, if the Secretary determines that
a risk of serious injury exists that can be eliminated or mitigated
by that equipment.''
Subsec. (c). Pub. L. 101-595, Sec. 602(c)(1), amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows: ``In
addition to the requirements described in subsections (a) and (b) of
this section, the Secretary may prescribe regulations establishing
minimum safety standards for vessels to which this chapter applies that
were built after December 31, 1988, or that undergo a major conversion
completed after that date, and that operate with more than 16
individuals on board, including standards relating to-``(1) navigation equipment, including radars and fathometers;
``(2) life saving equipment, immersion suits, signaling devices,
bilge pumps, bilge alarms, life rails, and grab rails;
``(3) fire protection and firefighting equipment, including fire
alarms and portable and semiportable fire extinguishing equipment;
``(4) use and installation of insulation material;
``(5) storage methods for flammable or combustible material; and
``(6) fuel, ventilation, and electrical systems.''
Subsec. (f). Pub. L. 101-595, Sec. 602(c)(2), amended subsec. (f)
generally. Prior to amendment, subsec. (f) read as follows: ``The
Secretary shall examine a fish processing vessel at least once every two
years to ensure that the vessel complies with the requirements of this
chapter.''
1988--Pub. L. 100-424 amended section generally, substituting
``Safety standards'' for ``Regulations'' in section catchline, adding
subsecs. (a) and (b), redesignating former subsec. (a) as (c) and
establishing list of standards as minimum safety standards, in addition
to requirements of subsecs. (a) and (b), for vessels built after Dec.
31, 1988, or that undergo major conversion completed after that date,
that operate with more than 16 individuals on board, adding subsec. (d),
redesignating former subsec. (b) as (e) and striking out provisions
which required Secretary to consult with representatives of private
sector, experienced in operation of these vessels, to ensure
practicability of regulations, and adding subsec. (f).
1984--Subsec. (b)(3). Pub. L. 98-557 substituted ``this chapter''
for ``the exemption''.
Effective Date of 1990 Amendment

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Section 602(f) of Pub. L. 101-595, provided that: ``This section
[amending this section and sections 2102, 3302, 5102, 8104, and 8702 of
this title, and enacting provisions set out as a note under section 7306
of this title] is effective on the date of enactment of this section
[Nov. 16, 1990] except as follows:
``(1) The requirements imposed by section 3302(c)(4)(B) and (C)
of title 46, United States Code, (as enacted by subsection (b) of
this section) is effective 6 months after the date of enactment of
this Act.
``(2) Before January 1, 1993, section 4502(c) (as amended by
subsection (c) of this section) does not apply to a fish tender
vessel engaged in the Aleutian trade, if the vessel-``(A)(i) before September 8, 1990, operated in that trade;
or
``(ii) before September 8, 1990, was purchased to be used in
that trade and, before June 1, 1992, entered into service in
that trade; and
``(B) does not undergo a major conversion.
``(3) Before January 1, 2003, a fish tender vessel is exempt
from chapter 51 of title 46, United States Code, (as amended by
subsection (d) of this section) when engaged in the Aleutian trade,
if the vessel-``(A)(i) before September 8, 1990, operated in that trade;
or
``(ii) before September 8, 1990, was purchased to be used in
this trade and, before June 1, 1992, entered into service in
that trade;
``(B) does not undergo a major conversion; and
``(C) did not have a load line assigned at any time before
the date of enactment of this Act.
``(4) The requirements imposed by section 8702(b)(2) of title
46, United States Code, (as amended by subsection (e)(2)(B) of this
section) are effective 1 year after the date of enactment of this
Act.''
Studies Regarding Safety of Fishing Vessels
Section 5(a) of Pub. L. 100-424 directed Secretary of
Transportation, utilizing National Academy of Engineering and in
consultation with National Transportation Safety Board, Commercial
Fishing Industry Vessel Advisory Committee, and fishing industry, to
conduct a study of safety problems on fishing industry vessels, and to
make recommendations regarding whether a vessel inspection program could
be implemented for fishing vessels, fish tender vessels, and fish
processing vessels, including recommendations on nature and scope of
that inspection, and further provided for submission of the study and
recommendations to Congress before Jan. 1, 1990.
Section 5(b) of Pub. L. 100-424 directed Secretary of department in
which Coast Guard is operating, in consultation with Commercial Fishing
Industry Vessel Advisory Committee established under section 4508 of
this title, and with representatives of persons operating fish
processing vessels to conduct a study of fish processing vessels that
are not surveyed and classed by an organization approved by Secretary,
and to make recommendations regarding what hull and machinery
requirements could apply to such vessels to ensure that those vessels
are operated and maintained in a condition in which they are safe to
operate at sea, and further provided for submission of such study and
recommendations to Congress before July 28, 1991.
Territorial Sea of United States
For extension of territorial sea of United States, see Proc. No.
5928, set out as a note under section 1331 of Title 43, Public Lands.

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Section Referred to in Other Sections
This section is referred to in section 4506 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: 46USC4505]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part B--Inspection and Regulation of Vessels
CHAPTER 45--UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS
Sec. 4505. Termination of unsafe operations
An official authorized to enforce this chapter-(1) may direct the individual in charge of a vessel to which
this chapter applies to immediately take reasonable steps necessary
for the safety of individuals on board the vessel if the official
observes the vessel being operated in an unsafe condition that the
official believes creates an especially hazardous condition,
including ordering the individual in charge to return the vessel to
a mooring and to remain there until the situation creating the
hazard is corrected or ended; and
(2) may order the individual in charge of an uninspected fish
processing vessel that does not have on board the certificate
required under section 4503(1) of this title to return the vessel to
a mooring and to remain there until the vessel is in compliance with
that section.
(Added Pub. L. 100-424, Sec. 2(a), Sept. 9, 1988, 102 Stat. 1587.)

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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: 46USC4506]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part B--Inspection and Regulation of Vessels
CHAPTER 45--UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS
Sec. 4506. Exemptions
(a) The Secretary may exempt a vessel from any part of this chapter
if, under regulations prescribed by the Secretary (including regulations
on special operating conditions), the Secretary finds that-(1) good cause exists for granting an exemption; and
(2) the safety of the vessel and those on board will not be
adversely affected.
(b) A vessel to which this chapter applies is exempt from section
4502(b)(2)(B) of this title if it-(1) is less than 36 feet in length; and
(2) is operating-(A) in internal waters of the United States; or
(B) within 3 nautical miles from the baselines from which
the territorial sea of the United States is measured.
(Added Pub. L. 100-424, Sec. 2(a), Sept. 9, 1988, 102 Stat. 1587;
amended Pub. L. 102-587, title V, Sec. 5222, Nov. 4, 1992, 106 Stat.
5081; Pub. L. 105-383, title III, Sec. 301(b)(6), Nov. 13, 1998, 112
Stat. 3417.)
Amendments
1998--Subsec. (b)(2). Pub. L. 105-383 added par. (2) and struck out
former par. (2) which read as follows: ``is not operating on the high
seas.''
1992--Subsec. (b). Pub. L. 102-587 substituted ``4502(b)(2)(B)'' for
``4502(b)(2)''.
Territorial Sea of United States
For extension of territorial sea of United States, see Proc. No.
5928, set out as a note under section 1331 of Title 43, Public Lands.

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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: 46USC6104]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part D--Marine Casualties
CHAPTER 61--REPORTING MARINE CASUALTIES
Sec. 6104. Commercial fishing industry vessel casualty
statistics
(a) The Secretary shall compile statistics concerning marine
casualties from data compiled from insurers of fishing vessels, fish
processing vessels, and fish tender vessels.
(b) A person underwriting primary insurance for a fishing vessel,
fish processing vessel, or fish tender vessel shall submit periodically
to the Secretary data concerning marine casualties that is required by
regulations prescribed by the Secretary.
(c) After consulting with the insurance industry, the Secretary
shall prescribe regulations under this section to gather a statistical
base for analyzing vessel risks.
(d) The Secretary may delegate to a qualified person that has
knowledge and experience in the collection of statistical insurance data
the authority of the Secretary under this section to compile statistics
from insurers.
(Added Pub. L. 100-424, Sec. 4(a), Sept. 9, 1988, 102 Stat. 1590.)
Section Referred to in Other Sections
This section is referred to in section 6103 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: 46USC10603]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part G--Merchant Seamen Protection and Relief
CHAPTER 106--FISHING VOYAGES
Sec. 10603. Seaman's duty to notify employer regarding illness,
disability, and injury
(a) A seaman on a fishing vessel, fish processing vessel, or fish
tender vessel shall notify the master or individual in charge of the
vessel or other agent of the employer regarding any illness, disability,
or injury suffered by the seaman when in service to the vessel not later
than seven days after the date on which the illness, disability, or
injury arose.
(b) The Secretary shall prescribe regulations requiring that each
fishing vessel, fish processing vessel, and fish tender vessel shall
have on board a placard displayed in a prominent location accessible to
the crew describing the seaman's duty under subsection (a) of this
section.
(Pub. L. 100-424, Sec. 6(a), Sept. 9, 1988, 102 Stat. 1592.)
Historical and Revision Notes
-----------------------------------------------------------------------Revised section
Source section (U.S. Code)
-----------------------------------------------------------------------10603............................. New
-----------------------------------------------------------------------Section Referred to in Other Sections
This section is referred to in section 4502 of this title.

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