StatA

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§ 4102

TITLE 46—SHIPPING

The Federal authority to regulate uninspected vessels originated with the Motorboat Act of 1910 (Public
Law 61–201, 36 Stat. 462) when Congress established
standards with respect to navigation lights, machinery
requirements, life preservers, and for the licensing of
operators on small vessels carrying passengers. This
was an extension of Federal regulatory authority over
certain non-steam-propelled vessels, that is, those recreational vessels and commercial vessels that are propelled by machinery other than steam.
Thirty years later, the 1910 Act was amended by the
Motorboat Act of 1940 (Public Law 76–484, 54 Stat. 163),
which added to the equipment that was required and
provided for other regulatory controls. In this manner
the Federal Government continued to exercise some degree of maritime safety supervision over the commercial and recreational vessel sector that was ‘‘uninspected’’. This was important because steam towing
vessels were converting to diesel propulsion and were
therefore no longer subject to the detailed periodic and
extensive hull, machinery, and equipment inspections
of a Federal agency. In addition, the number of recreational vessels primarily propelled by gasoline were
increasing and were also suffering casualties from explosions and fires.
AMENDMENTS
1990—Pub. L. 101–595, title VI, § 603(3)(B), Nov. 16, 1990,
104 Stat. 2993, struck out item 4104 ‘‘Regulations’’.
1984—Pub. L. 98–364, title IV, § 402(7)(B), July 17, 1984,
98 Stat. 446, inserted ‘‘GENERALLY’’ in chapter heading.

§ 4101. Application
This chapter applies to an uninspected vessel
not subject to chapter 45 of this title—
(1) on the navigable waters of the United
States; or
(2) owned in the United States and operating
on the high seas.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 528; Pub. L.
100–424, § 8(b), Sept. 9, 1988, 102 Stat. 1593.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

4101 ..............................................

46:526u

Section 4101 makes this chapter applicable to uninspected vessels, as defined in section 2101(43), that operate on the navigable waters of the United States or
that are owned in the United States and while operating on the high seas. Therefore a vessel that operates
on waters that are considered to be solely State waters
would not be subject to these Federal requirements.

of life preservers and other lifesaving devices for
individuals on board uninspected vessels.
(c) Each uninspected vessel shall have the carburetors of each engine of the vessel (except an
outboard motor) using gasoline as fuel, equipped
with an efficient flame arrestor, backfire trap,
or other similar device prescribed by regulation.
(d) Each uninspected vessel using a volatile
liquid as fuel shall be provided with the means
prescribed by regulation for properly and efficiently ventilating the bilges of the engine and
fuel tank compartments, so as to remove any
explosive or flammable gases.
(e) Each manned uninspected vessel owned in
the United States and operating beyond 3 nautical miles from the baselines from which the
territorial sea of the United States is measured
or beyond three nautical miles from the coastline of the Great Lakes shall be equipped with
the number and type of alerting and locating
equipment, including emergency position indicating radio beacons, prescribed by the Secretary.
(f)(1) The Secretary, in consultation with the
Towing Safety Advisory Committee and taking
into consideration the characteristics, methods
of operation, and nature of service of towing
vessels, may require the installation, maintenance, and use of a fire suppression system or
other measures to provide adequate assurance
that fires on board towing vessels can be suppressed under reasonably foreseeable circumstances.
(2) The Secretary shall require under paragraph (1) the use of a fire suppression system or
other measures to provide adequate assurance
that a fire on board a towing vessel that is towing a non-self-propelled tank vessel can be suppressed under reasonably foreseeable circumstances.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 528; Pub. L.
99–640, § 16, Nov. 10, 1986, 100 Stat. 3552; Pub. L.
100–424, § 2(c), Sept. 9, 1988, 102 Stat. 1590; Pub. L.
100–540, § 1(a), Oct. 28, 1988, 102 Stat. 2719; Pub. L.
104–324, title IX, § 902(a), Oct. 19, 1996, 110 Stat.
3947; Pub. L. 105–383, title III, § 301(b)(3), Nov. 13,
1998, 112 Stat. 3417; Pub. L. 111–281, title VI, § 619,
Oct. 15, 2010, 124 Stat. 2975.)
HISTORICAL AND REVISION NOTES
Revised section

AMENDMENTS
1988—Pub. L. 100–424 inserted ‘‘not subject to chapter
45 of this title’’ after ‘‘an uninspected vessel’’.

4102(a)
4102(b)
4102(c)
4102(d)

Source section (U.S. Code)

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.........................................
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46:526g
46:526e
46:526i
46:526j

EFFECTIVE DATE
Chapter effective Apr. 15, 1984, see section 2(g)(1) of
Pub. L. 98–89, set out as a note under section 3101 of
this title.

§ 4102. Safety equipment
(a) Each uninspected vessel propelled by machinery shall be provided with the number, type,
and size of fire extinguishers, capable of promptly and effectively extinguishing burning liquid
fuel, that may be prescribed by regulation. The
fire extinguishers shall be kept in condition for
immediate and effective use and so placed as to
be readily accessible.
(b) The Secretary shall prescribe regulations
requiring the installation, maintenance, and use

Section 4102 requires uninspected vessels to comply
with certain provisions that incorporate minimum
safety equipment and construction requirements. The
Committee intends that the term life preserver include
all types of personal equipment, including exposure
suits with floatation characteristics.
AMENDMENTS
2010—Subsec. (b). Pub. L. 111–281 amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows: ‘‘Each uninspected vessel propelled by machinery
shall carry at least one readily accessible life preserver
or other lifesaving device, of the type prescribed by
regulation, for each individual on board.’’
1998—Subsec. (e). Pub. L. 105–383 substituted ‘‘owned
in the United States and operating beyond 3 nautical
miles from the baselines from which the territorial sea

§ 4103

TITLE 46—SHIPPING

of the United States is measured’’ for ‘‘operating on the
high seas’’.
1996—Subsec. (f). Pub. L. 104–324 added subsec. (f).
1988—Subsec. (e). Pub. L. 100–540 amended subsec. (e)
generally without regard to the prior repeal of subsec.
(e) by Pub. L. 100–424.
Pub. L. 100–424 struck out subsec. (e) which read as
follows: ‘‘Each uninspected fishing, fish processing, or
fish tender vessel operating on the high seas shall be
equipped with the number and type of emergency
position indicating radio beacons prescribed by regulation.’’ See section 4502(a)(7) of this title.
1986—Subsec. (e). Pub. L. 99–640 added subsec. (e).

shall, by regulation, require certain additional
equipment which may include liferafts or other
lifesaving equipment, construction standards, or
specify additional operating standards for those
uninspected passenger vessels defined in section
2101(42)(A) of this title.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 529; Pub. L.
103–206, title V, § 511(b), Dec. 20, 1993, 107 Stat.
2442.)
HISTORICAL AND REVISION NOTES
Revised section

REGULATIONS
Pub. L. 104–324, title IX, § 902(b), Oct. 19, 1996, 110 Stat.
3947, provided that: ‘‘The Secretary of the department
in which the Coast Guard is operating shall issue regulations establishing the requirement described in subsection (f)(2) of section 4102 of title 46, United States
Code, as added by this section, by not later than October 1, 1997.’’
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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Source section (U.S. Code)

4105 ..............................................

46:1452
46:1453

Section 4105 provides that an uninspected passenger
vessel is subject to Chapter 43, as a recreational vessel
even when it is carrying not more than six passengers.
REFERENCES IN TEXT
The date of enactment of this subsection, referred to
in subsec. (b), is the date of enactment of Pub. L.
103–206, which was approved Dec. 20, 1993.
AMENDMENTS
1993—Pub. L. 103–206 designated existing provisions as
subsec. (a) and added subsec. (b).

§ 4103. 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 individuals on
board will not be adversely affected.
(b) Section 4102(a) of this title does not apply
to a vessel propelled by outboard motors when
competing in a race previously arranged and announced or, if the vessel is designed and intended only for racing, when operated incidental
to tuning up the vessel and its engines for the
race.

§ 4106. Penalties
If a vessel to which this chapter applies is operated in violation of this chapter or a regulation prescribed under this chapter, the owner,
charterer, managing operator, agent, master,
and individual in charge are each liable to the
United States Government for a civil penalty of
not more than $5,000. The vessel also is liable in
rem for the penalty.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 529; Pub. L.
100–540, § 3, Oct. 28, 1988, 102 Stat. 2719.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

4106 ..............................................

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 529; Pub. L.
100–540, § 2, Oct. 28, 1988, 102 Stat. 2719.)
HISTORICAL AND REVISION NOTES
Revised section

Section 4106 provides a civil penalty of $100 for a violation of this chapter or a regulation under this chapter. The vessel also is liable in rem.

Source section (U.S. Code)

4103 ..............................................

46:525h

Section 4103 contains an exemption from carrying
fire extinguishers, for on a vessel competing in an organized race or a vessel designed and intended for racing
only.
AMENDMENTS
1988—Pub. L. 100–540 added subsec. (a) and designated
existing provisions as subsec. (b).

[§ 4104. Repealed. Pub. L. 101–595, title VI,
§ 603(3)(A), Nov. 16, 1990, 104 Stat. 2993]
Section, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 529, required Secretary to prescribe regulations to carry out
provisions of this chapter.

§ 4105. Uninspected passenger vessels
(a) Chapter 43 of this title applies to an uninspected passenger vessel.
(b) Within twenty-four months of the date of
enactment of this subsection, the Secretary

46:526o

AMENDMENTS
1988—Pub. L. 100–540 substituted ‘‘not more than
$5,000’’ for ‘‘$100’’.

CHAPTER 43—RECREATIONAL VESSELS
Sec.

4301.
4302.
4303.
4304.
4305.
4306.
4307.
4308.
4309.
4310.
4311.

Application.
Regulations.
Inspection and testing.
Importation of nonconforming vessels and
equipment.
Exemptions.
Federal preemption.
Prohibited acts.
Termination of unsafe operation.
Investigation and reporting.
Repair and replacement of defects.
Penalties and injunctions.
HISTORICAL AND REVISION NOTES

Chapter 43 contains the laws applicable to recreational vessels, which originated primarily with the
enactment of the Federal Boat Safety Act of 1971 (Public Law 92–75, 85 Stat. 213). That Act embraced a num-