Stat/Authority

Page 51

TITLE 46—SHIPPING

crew is transported on a vessel as permitted by
this section, the owner, charterer, managing operator, agent, master, or individual in charge of
the vessel first shall notify the individual of the
presence on board of dangerous articles as defined by law, and of other conditions or circumstances that would constitute a risk of safety to
the individual on board.
(c) A privilege authorized by this section applies to a vessel of a foreign country that affords
a similar privilege to vessels of the United
States in trades not restricted to vessels under
its own flag.
(d) A fishing, fish processing, or fish tender
vessel that transports not more than 12 individuals employed in the fishing industry in addition to the crew is not subject to inspection as
a passenger or small passenger vessel.
(e) The Secretary may by regulation allow individuals in addition to the crew to be transported in an emergency or under section 2304 of
this title.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 513; Pub. L.
98–364, title IV, § 402(4), July 17, 1984, 98 Stat. 446;
Pub. L. 99–307, § 1(5)(A), May 19, 1986, 100 Stat.
444.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

3304 ..............................................

46:390–393
46:882

Section 3304 permits the carriage of not more than 12
individuals in addition to the crew on international
voyages or not more than 16 individuals in addition to
the crew on other voyages without subjecting a documented vessel carrying cargo to the inspection requirements of a passenger vessel. This section permits the
bulk of vessels subject to the International Convention
for Safety of Life at Sea to carry up to 12 passengers
and to permit other cargo vessels, primarily those engaged in the coastwise trade, to carry up to 16 passengers without being categorized as passenger vessels.
It also requires that these individuals be notified of the
presence of dangerous articles or other conditions or
circumstances that constitute a risk of safety. This is
of prime importance on tank vessels that carry flammable or hazardous cargoes.
AMENDMENTS
1986—Pub. L. 99–307, § 1(5)(A)(i), substituted ‘‘Transporting’’ for ‘‘Carrying’’ in section catchline.
Subsec. (a). Pub. L. 99–307, § 1(5)(A)(ii), substituted
‘‘transporting cargo that transports’’ for ‘‘carrying
cargo that carries’’ and inserted ‘‘if the vessel is otherwise subject to inspection under this chapter’’.
Subsec. (b). Pub. L. 99–307, § 1(5)(A)(iii), substituted
‘‘Except when subsection (e) of this section applies, before’’ for ‘‘Before’’ and ‘‘transported’’ for ‘‘carried’’.
Subsec. (c). Pub. L. 99–307, § 1(5)(A)(iv), substituted ‘‘A
privilege’’ for ‘‘The privilege’’.
Subsec. (e). Pub. L. 99–307, § 1(5)(A)(v), added subsec.
(e).
1984—Subsec. (d). Pub. L. 98–364 added subsec. (d).
EFFECTIVE DATE
Section 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.

§ 3305. Scope and standards of inspection
(a)(1) The inspection process shall ensure that
a vessel subject to inspection—
(A) is of a structure suitable for the service
in which it is to be employed;

§ 3305

(B) is equipped with proper appliances for
lifesaving, fire prevention, and firefighting;
(C) has suitable accommodations for the
crew, sailing school instructors, and sailing
school students, and for passengers on the vessel if authorized to carry passengers;
(D) has an adequate supply of potable water
for drinking and washing by passengers and
crew;
(E) is in a condition to be operated with
safety to life and property; and
(F) complies with applicable marine safety
laws and regulations.
(2) In determining the adequacy of the supply
of potable water under paragraph (1)(D), the Secretary shall consider—
(A) the size and type of vessel;
(B) the number of passengers or crew on
board;
(C) the duration and routing of voyages; and
(D) guidelines for potable water recommended by the Centers for Disease Control
and Prevention and the Public Health Service.
(b) If an inspection, or examination under section 3308 of this title, reveals that a life preserver, lifesaving device, or firehose is defective
and incapable of being repaired, the owner or
master shall destroy the life preserver, lifesaving device, or firehose in the presence of the official conducting the inspection or examination.
(c) A nautical school vessel operated by a civilian nautical school or by an educational institution under section 558 of title 40 shall be inspected like a small passenger vessel or a passenger vessel, depending on its tonnage.
(d)(1) The Commandant of the Coast Guard
shall ensure that Officers in Charge, Marine Inspections consistently interpret regulations and
standards under this subtitle and chapter 700 to
avoid disruption and undue expense to industry.
(2)(A) Subject to subparagraph (B), in the
event of a disagreement regarding the condition
of a vessel or the interpretation of a regulation
or standard referred to in subsection (a) between
a local Officer in Charge, Marine Inspection conducting an inspection of the vessel and the Officer in Charge, Marine Inspection that issued the
most recent certificate of inspection for the vessel, such Officers shall seek to resolve such disagreement.
(B) If a disagreement described in subparagraph (A) involves vessel design or plan review,
the Coast Guard marine safety center shall be
included in all efforts to resolve such disagreement.
(C) If a disagreement described in subparagraph (A) or (B) cannot be resolved, the local Officer in Charge, Marine Inspection shall submit
to the Commandant of the Coast Guard, through
the cognizant Coast Guard district commander,
a request for a final agency determination of the
matter in disagreement.
(3) The Commandant of the Coast Guard
shall—
(A) provide to each person affected by a decision or action by an Officer in Charge, Marine
Inspection or by the Coast Guard marine safety center all information necessary for such
person to exercise any right to appeal such decision or action; and

§ 3306

TITLE 46—SHIPPING

(B) if such an appeal is filed, process such
appeal under parts 1 through 4 of title 46, Code
of Federal Regulations, as in effect on the date
of enactment of the Coast Guard Authorization Act of 2017.
(4) In this section, the term ‘‘Officer in
Charge, Marine Inspection’’ means any person
from the civilian or military branch of the Coast
Guard who—
(A) is designated as such by the Commandant; and
(B) under the superintendence and direction
of the cognizant Coast Guard district commander, is in charge of an inspection zone for
the performance of duties with respect to the
inspections under, and enforcement and administration of, subtitle II, chapter 700, and
regulations under such laws.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 513; Pub. L.
99–36, § 1(a)(1), May 15, 1985, 99 Stat. 67; Pub. L.
99–640, § 13(e), Nov. 10, 1986, 100 Stat. 3551; Pub. L.
107–217, § 3(m)(2), Aug. 21, 2002, 116 Stat. 1302;
Pub. L. 108–293, title IV, § 416, Aug. 9, 2004, 118
Stat. 1047; Pub. L. 109–241, title IX, § 901(f), July
11, 2006, 120 Stat. 564; Pub. L. 115–282, title V,
§ 501(a), Dec. 4, 2018, 132 Stat. 4268.)
HISTORICAL AND REVISION NOTES
Revised section
3305 ..............................................

Source section (U.S. Code)
46:369
46:390a
46:391
46:392
46:395
46:404–1
46:405
46:406
46:407
46:408
46:660a
46:881

Section 3305 consolidates, at one place, the basic
scope of coverage of the inspection process. It is to be
noted that the time difference in enactment of various
statutes has resulted in some anomalies. Thus, for example, R.S. 4417 (46 U.S.C. 391) which had originally set
periods of inspection and vested authority in ‘‘local inspectors’’ was expanded over the years to provide the
base for inspection of certain classes of vessels as well
as setting out the periods and scope. The distillation of
inspection objectives and standards in later laws and
the transfer of all functions of separately created bureaus and functionaries to the Coast Guard permit this
consolidation. There are those who have a desire to see
the scope and standards of inspection be more specific
in law similar to those presently applicable to boilers
and boiler plating that predate 1871. The Committee believes this serves no useful purpose since the specifics
are either antiquated or too limiting and have, in fact,
been superceded by the statutorily authorized adoption
of various industrial specifications, standards, and
codes by the Coast Guard. These include the American
Bureau of Shipping (ABS), American Society of Mechanical Engineers (ASME), American National Standards Institute (ANSI), American Society for Testing
and Materials (ASTM), American Welding Society
(AWS), Underwriters Laboratories (UL), and many others. In addition, Coast Guard regulations must also implement and conform to the numerous international
maritime safety treaties to which the United States is
signatory. The Committee expects that the regulatory
flexibility being provided will not reduce the present
vessel inspection requirements that have been historically developed.
Section 3305(a) establishes the statutory scope of the
Coast Guard’s vessel inspection authority and duty.

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The inspection process shall ensure that a vessel is of
suitable structure, equipment, and accommodations, is
maintained in an operating condition consistent with
safety of life and property, and complies with applicable marine safety laws and regulations.
Subsection (b) requires that defective life preservers
and firehose be destroyed in the presence of the inspecting official, normally a qualified Coast Guard marine inspector. The Committee believes that if this
equipment is defective for use on an inspected vessel, it
should be destroyed so that it cannot be used on an uninspected or recreational vessel.
Subsection (c) provides flexibility in the inspection of
various sizes of nautical school vessels.
REFERENCES IN TEXT
The date of enactment of the Coast Guard Authorization Act of 2017, referred to in subsec. (d)(3)(B), probably means the date of enactment of the Frank
LoBiondo Coast Guard Authorization Act of 2018, Pub.
L. 115–282, which enacted subsec. (d) of this section and
chapter 700 of this title and was approved Dec. 4, 2018.
No act with the title ‘‘Coast Guard Authorization Act
of 2017’’ has been enacted.
AMENDMENTS
2018—Subsec. (d). Pub. L. 115–282 added subsec. (d).
2006—Subsec. (a)(2). Pub. L. 109–241 realigned margins.
2004—Subsec. (a). Pub. L. 108–293, § 416(b), designated
existing provisions as par. (1), redesignated former
pars. (1) to (6) as subpars. (A) to (F), respectively, of
par. (1), and added par. (2).
Subsec. (a)(4) to (6). Pub. L. 108–293, § 416(a), added
par. (4) and redesignated former pars. (4) and (5) as (5)
and (6), respectively.
2002—Subsec. (c). Pub. L. 107–217 substituted ‘‘section
558 of title 40’’ for ‘‘section 13 of the Coast Guard Authorization Act of 1986’’.
1986—Subsec. (c). Pub. L. 99–640 inserted ‘‘or by an
educational institution under section 13 of the Coast
Guard Authorization Act of 1986’’.
1985—Subsec. (b). Pub. L. 99–36 substituted ‘‘lifesaving’’ and ‘‘life preserver, lifesaving device, or firehose’’
for ‘‘life-saving’’ and ‘‘life preserver or firehose’’, respectively.
EFFECTIVE DATE
Section 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.

§ 3306. Regulations
(a) To carry out this part and to secure the
safety of individuals and property on board vessels subject to inspection, the Secretary shall
prescribe necessary regulations to ensure the
proper execution of, and to carry out, this part
in the most effective manner for—
(1) the design, construction, alteration, repair, and operation of those vessels, including
superstructures, hulls, fittings, equipment, appliances, propulsion machinery, auxiliary machinery, boilers, unfired pressure vessels, piping, electric installations, and accommodations for passengers and crew, sailing school
instructors, and sailing school students;
(2) lifesaving equipment and its use;
(3) firefighting equipment, its use, and precautionary measures to guard against fire;
(4) inspections and tests related to paragraphs (1), (2), and (3) of this subsection; and
(5) the use of vessel stores and other supplies
of a dangerous nature.
(b)(1) Equipment and material subject to regulation under this section may not be used on any
vessel without prior approval of the Secretary.