1625-0017 Stat/Authority

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§ 3316

TITLE 46—SHIPPING

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 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.

§ 3314. Expiration of certificate of inspection
(a) If the certificate of inspection of a vessel
expires when the vessel is on a foreign voyage,
the vessel may complete the voyage to a port of
the United States within 30 days of the expiration of the certificate without incurring the
penalties for operating without a certificate of
inspection.
(b) If the certificate of inspection would expire
within 15 days of sailing on a foreign voyage
from a United States port, the vessel shall secure a new certificate of inspection before sailing, unless the voyage is scheduled to be completed prior to the expiration date of the certificate. If a voyage scheduled to be completed in
that time is not so completed, the applicable
penalties may be enforced unless the failure to
meet the schedule was beyond the control of the
owner, charterer, managing operator, agent,
master, or individual in charge of the vessel.
(c) When the certificate of inspection of a foreign vessel carrying passengers, operated on a
regularly established line, expires at sea after
leaving the country to which it belongs or when
the vessel is in the United States, the Secretary
may permit the vessel to sail on its regular
route without further inspection than would
have been required had the certificate not expired. This permission applies only when the
vessel will be regularly inspected and issued a
certificate before the vessel’s next return to the
United States.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 516.)
HISTORICAL AND REVISION NOTES
Revised section
3314 ..............................................

Source section (U.S. Code)
46:362
46:399

Section 3314 contains the procedures for when a vessel’s certificate of inspection expires while on a foreign
voyage.

§ 3315. Disclosure of defects and protection of informants
(a) Each individual licensed under part E of
this subtitle shall assist in the inspection or examination under this part of the vessel on which
the individual is serving, and shall point out defects and imperfections known to the individual
in matters subject to regulations and inspection. The individual also shall make known to
officials designated to enforce this part, at the
earliest opportunity, any marine casualty producing serious injury to the vessel, its equipment, or individuals on the vessel.

(b) An official may not disclose the name of an
individual providing information under this section, or the source of the information, to a person except a person authorized by the Secretary.
An official violating this subsection is liable to
disciplinary action under applicable law.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 516.)
HISTORICAL AND REVISION NOTES
Revised section
3315 ..............................................

Source section (U.S. Code)
46:234

Section 3315 requires an individual holding a license
issued by the Coast Guard to assist inspection authorities and to make defects and imperfections known to
those authorities. Anyone licensed also has a duty to
report any marine casualty producing serious injury to
the vessel, its equipment, or individuals on board the
vessel. These licensed individuals who have this statutorily imposed duty to disclose are also protected by
prohibiting any government official from disclosing the
identity or source of the information except as authorized by the Secretary.

§ 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.

§ 3316

TITLE 46—SHIPPING

(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.
(c)(1) A classification society (including an
employee or agent of that society) may not review, examine, survey, or certify the construction, repair, or alteration of a vessel in the
United States unless the society has applied for
approval under this subsection and the Secretary has reviewed and approved that society
with respect to the conduct of that society
under paragraph (2).
(2) The Secretary may approve a person for
purposes of paragraph (1) only if the Secretary
determines that—
(A) the vessels surveyed by the person while
acting as a classification society have an adequate safety record; and
(B) the person has an adequate program to—
(i) develop and implement safety standards
for vessels surveyed by the person;
(ii) make the safety records of the person
available to the Secretary in an electronic
format;
(iii) provide the safety records of a vessel
surveyed by the person to any other classification society that requests those records
for the purpose of conducting a survey of the
vessel; and
(iv) request the safety records of a vessel
the person will survey from any classification society that previously surveyed the
vessel.
(d)(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 United States offshore facility, the authority to—
(A) review and approve plans required for issuing a certificate of inspection, a certificate
of compliance, or any other certification and
related documents issued by the Coast Guard
pursuant to regulations issued under section
30 of the Outer Continental Shelf Lands Act
(43 U.S.C. 1356); and
(B) conduct inspections and examinations.
(2) The Secretary may make a delegation
under paragraph (1) to a foreign classification
society only if—
(A) the foreign society has offices and maintains records in the United States; and
(B)(i) the government of the foreign country
in which the foreign society is headquartered
delegates that authority to the American Bureau of Shipping; or
(ii) the Secretary has entered into an agreement with the government of the foreign

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country in which the foreign society is headquartered that—
(I) ensures the government of the foreign
country will accept plan review, inspections,
or examinations conducted by the American
Bureau of Shipping and provide equivalent
access to inspect, certify, and provide related services to offshore facilities located in
that country or operating under the authority of that country; and
(II) is in full accord with principles of reciprocity in regards to any delegation contemplated by the Secretary under paragraph
(1).
(3) If an inspection or examination is conducted under authority delegated under this
subsection, the person to which the authority
was delegated—
(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
United States offshore facility 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.
(4) For purposes of this subsection—
(A) the term ‘‘offshore facility’’ means any
installation, structure, or other device (including any vessel not documented under
chapter 121 of this title or the laws of another
country), fixed or floating, that dynamically
holds position or is temporarily or permanently attached to the seabed or subsoil under
the sea; and
(B) the term ‘‘United States offshore facility’’ means any offshore facility, fixed or
floating, that dynamically holds position or is
temporarily or permanently attached to the
seabed or subsoil under the territorial sea of
the United States or the outer Continental
Shelf (as that term is defined in section 2 of
the Outer Continental Shelf Lands Act (43
U.S.C. 1331)), including any vessel, rig, platform, or other vehicle or structure subject to
regulation under section 30 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356).
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 516; Pub. L.
104–324, title VI, § 607(a), (b)(1), Oct. 19, 1996, 110
Stat. 3931, 3932; Pub. L. 108–293, title IV, § 413(a),
Aug. 9, 2004, 118 Stat. 1046; Pub. L. 111–281, title
VI, § 622, Oct. 15, 2010, 124 Stat. 2978.)
HISTORICAL AND REVISION NOTES
Revised section
3316 ..............................................

Source section (U.S. Code)
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

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§ 3318

TITLE 46—SHIPPING

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
2010—Subsec. (c). Pub. L. 111–281, § 622(b), added par.
(1) and struck out former par. (1) which read as follows:
‘‘A classification society (including an employee or
agent of that society) may not review, examine, survey,
or certify the construction, repair, or alteration of a
vessel in the United States unless—
‘‘(A) the society has applied for approval under this
subsection and the Secretary has reviewed and approved that society with respect to the conduct of
that society under paragraph (2); or
‘‘(B) the society is a full member of the International Association of Classification Societies.’’
Subsec. (d). Pub. L. 111–281, § 622(a), added subsec. (d).
2004—Subsec. (c). Pub. L. 108–293 added subsec. (c).
1996—Pub. L. 104–324, § 607(b)(1), substituted ‘‘Classification societies’’ for ‘‘United States classification societies’’ in section catchline.
Subsec. (a). Pub. L. 104–324, § 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, § 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, § 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, § 607(a)(2), redesignated
subsec. (c) as (b).
Subsec. (d). Pub. L. 104–324, § 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.’’
EFFECTIVE DATE OF 2004 AMENDMENT
Pub. L. 108–293, title IV, § 413(b), Aug. 9, 2004, 118 Stat.
1046, provided that: ‘‘Section 3316(c)(1) of title 46,
United States Code, shall apply with respect to operation as a classification society on or after January 1,
2005.’’
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.

§ 3317. Fees
(a) The Secretary may prescribe by regulation
fees for inspecting or examining a small passenger vessel or a sailing school vessel.
(b) When an inspection or examination under
this part of a documented vessel or a foreign
vessel is conducted at a foreign port or place at
the request of the owner or managing operator
of the vessel, the owner or operator shall reimburse the Secretary for the travel and subsistence expenses incurred by the personnel assigned to perform the inspection or examination. Amounts received as reimbursement for
these expenses shall be credited to the appropriation for operating expenses of the Coast
Guard.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 517; Pub. L.
102–587, title V, § 5211, Nov. 4, 1992, 106 Stat. 5076.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

3317 ..............................................

46:390a(b)
46:382b–1

Section 3317 provides the regulatory authority for
prescribing fees for the inspection of small passenger
vessels and sailing school vessels. Although section 2110
generally prohibits fees of this nature, this provision is
consistent with the exception that permits specific
statutory authorization for fee collection. Subsection
(b) requires the reimbursement of expenses for the conduct of an inspection or examination at a foreign port
or place when done there for the convenience of the
owner or operator of the vessel.
AMENDMENTS
1992—Subsec. (b). Pub. L. 102–587 substituted ‘‘under
this part of a documented vessel or a foreign vessel’’ for
‘‘under this chapter of a documented vessel’’.
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.

§ 3318. Penalties
(a) Except as otherwise provided in this part,
the owner, charterer, managing operator, agent,
master, or individual in charge of a vessel operated in violation of this part or a regulation prescribed under this part, and a person violating a
regulation that applies to a small passenger vessel, freight vessel of less than 100 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, or sailing school vessel, are 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.