1625-0032 Stat/Authority

Page 49

§ 3309

TITLE 46—SHIPPING

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.’’
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.

§ 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, § 605(a), Oct. 19, 1996, 110 Stat.
3931.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

3307(1) ..........................................
3307(2) ..........................................
3307(3) ..........................................

46:391(c)
46:1295f(c)
46:390a(a)
46:404–1(6)(i)
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, § 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, § 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, 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’’.

§ 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, § 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.

§ 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.
(d) A certificate of inspection issued under
this section shall be signed by the senior Coast
Guard member or civilian employee who inspected the vessel, in addition to the officer in
charge of marine inspection.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 515; Pub. L.
98–498, title II, § 211(a), Oct. 19, 1984, 98 Stat. 2303;
Pub. L. 104–324, title VI, § 606, Oct. 19, 1996, 110
Stat. 3931; Pub. L. 111–281, title V, § 522(c), Oct.
15, 2010, 124 Stat. 2957.)
HISTORICAL AND REVISION NOTES
Revised section
3309 ..............................................

Source section (U.S. Code)
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

§ 3310

TITLE 46—SHIPPING

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
2010—Subsec. (d). Pub. L. 111–281 added subsec. (d).
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
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.

§ 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.

§ 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, § 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

Page 50

section (b), a vessel’’ for ‘‘A vessel’’, struck out ‘‘valid’’
before ‘‘certificate of inspection’’, and added subsec.
(b).

§ 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
3312 ..............................................

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.

§ 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

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 sub-

Source section (U.S. Code)
46:400

3313 ..............................................

Source section (U.S. Code)
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,