1625-0014 Stat/Authority

Page 31

§ 2114

TITLE 46—SHIPPING

§ 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.)
HISTORICAL AND REVISION NOTES
Revised section
2113 ..............................................

Source section (U.S. Code)
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 mari-

time 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