StatA

§ 2112

TITLE 46—SHIPPING

(3) the measurement of vessels; and
(4) the documentation of vessels.
(b) Except for Sundays and holidays, the overtime rate provided under subsection (a) of this
section is one-half day’s additional pay for each
2 hours of overtime (or part of 2 hours of at least
one hour). The total extra pay may be not more
than 2 and one-half days’ pay for any one period
from 5 p.m. to 8 a.m.
(c) The overtime rate provided under subsection (a) of this section for Sundays and holidays is 2 additional days’ pay.
(d) The owner, charterer, managing operator,
agent, master, or individual in charge of the vessel shall pay the amount of the overtime pay
provided under this section to the official designated by regulation. The official shall deposit
the amount paid to the Treasury as miscellaneous receipts. Payment to the officer or employee
entitled to the pay shall be made from the annual appropriations for salaries and expenses of
the Coast Guard.
(e) The overtime pay provided under this section shall be paid if the authorized officers and
employees have been ordered to report for duty
and have reported, even if services requested
were not performed.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 507.)
HISTORICAL AND REVISION NOTES
Revised section
2111 ..............................................

Source section (U.S. Code)
46:382b

Section 2111 provides for the payment of overtime
rates for work performed by civilian officers and employees of the Coast Guard for certain specified activities.
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

§ 2112. Authority to change working hours
In a port at which the customary working
hours begin before 8 a.m. or end after 5 p.m., the
Secretary may regulate the working hours of
the officers and employees referred to in section
2111 of this title so that those hours conform to
the prevailing working hours of the port. However—
(1) the total period for which overtime pay
may be required under section 2111 of this title
may not be more than 15 hours between any 2
periods of ordinary working hours on other
than Sundays and holidays;
(2) the length of the working day for the officers and employees involved may not be
changed; and
(3) the rate of overtime pay may not be
changed.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 508.)

Page 30
HISTORICAL AND REVISION NOTES

Revised section
2112 ..............................................

Source section (U.S. Code)
46:382b

Section 2112 provides the Secretary with the authority to regulate the working hours of civilian officers
and employees of the Coast Guard to conform with the
prevailing working hours of a port.

§ 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, § 511(a), Dec. 20, 1993, 107 Stat.
2441; Pub. L. 104–324, title VII, § 710, Oct. 19, 1996,
110 Stat. 3935.)

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§ 2114

TITLE 46—SHIPPING
HISTORICAL AND REVISION NOTES

Revised section

Source section (U.S. Code)

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, § 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, § 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.’’
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

§ 2114. Protection of seamen against discrimination
(a)(1) A person may not discharge or in any
manner discriminate against a seaman because—
(A) the seaman in good faith has reported or
is about to report to the Coast Guard or other
appropriate Federal agency or department
that the seaman believes that a violation of a
maritime safety law or regulation prescribed
under that law or regulation has occurred;
(B) the seaman has refused to perform duties
ordered by the seaman’s employer because the
seaman has a reasonable apprehension or expectation that performing such duties would
result in serious injury to the seaman, other
seamen, or the public;

(C) the seaman testified in a proceeding
brought to enforce a maritime safety law or
regulation prescribed under that law;
(D) the seaman notified, or attempted to notify, the vessel owner or the Secretary of a
work-related personal injury or work-related
illness of a seaman;
(E) the seaman cooperated with a safety investigation by the Secretary or the National
Transportation Safety Board;
(F) the seaman furnished information to the
Secretary, the National Transportation Safety
Board, or any other public official as to the
facts relating to any marine casualty resulting in injury or death to an individual or damage to property occurring in connection with
vessel transportation; or
(G) the seaman accurately reported hours of
duty under this part.
(2) The circumstances causing a seaman’s apprehension of serious injury under paragraph
(1)(B) must be of such a nature that a reasonable
person, under similar circumstances, would conclude that there is a real danger of an injury or
serious impairment of health resulting from the
performance of duties as ordered by the seaman’s employer.
(3) To qualify for protection against the seaman’s employer under paragraph (1)(B), the employee must have sought from the employer, and
been unable to obtain, correction of the unsafe
condition.
(b) A seaman alleging discharge or discrimination in violation of subsection (a) of this section, or another person at the seaman’s request,
may file a complaint with respect to such allegation in the same manner as a complaint may
be filed under subsection (b) of section 31105 of
title 49. Such complaint shall be subject to the
procedures, requirements, and rights described
in that section, including with respect to the
right to file an objection, the right of a person
to file for a petition for review under subsection
(c) of that section, and the requirement to bring
a civil action under subsection (d) of that section.
(Added Pub. L. 98–557, § 13(a), Oct. 30, 1984, 98
Stat. 2863; amended Pub. L. 107–295, title IV,
§ 428, Nov. 25, 2002, 116 Stat. 2127; Pub. L. 111–281,
title VI, § 611(a), Oct. 15, 2010, 124 Stat. 2969.)
AMENDMENTS
2010—Subsec. (a)(1)(C) to (G). Pub. L. 111–281,
§ 611(a)(1)–(3), added subpars. (C) to (G).
Subsec. (b). Pub. L. 111–281, § 611(a)(4), amended subsec. (b) generally. Prior to amendment, subsec. (b) read
as follows: ‘‘A seaman discharged or otherwise discriminated against in violation of this section may
bring an action in an appropriate district court of the
United States. In that action, the court may order any
appropriate relief, including—
‘‘(1) restraining violations of this section;
‘‘(2) reinstatement to the seaman’s former position
with back pay;
‘‘(3) an award of costs and reasonable attorney’s
fees to a prevailing plaintiff not exceeding $1,000; and
‘‘(4) an award of costs and reasonable attorney’s
fees to a prevailing employer not exceeding $1,000 if
the court finds that a complaint filed under this section is frivolous or has been brought in bad faith.’’
2002—Subsec. (a). Pub. L. 107–295, § 428(a), amended
subsec. (a) generally. Prior to amendment, subsec. (a)