1625-0032 Stat/Authority

Page 45

2006—Subsec. (d). Pub. L. 109–304, § 15(10), as amended
by Pub. L. 110–181, substituted ‘‘Secretary of Homeland
Security shall withhold or revoke the clearance required by section 60105 of this title’’ for ‘‘Secretary of
the Treasury shall withhold or revoke the clearance required by section 4197 of the Revised Statutes (46 U.S.C.
App. 91)’’.
EFFECTIVE DATE OF 2008 AMENDMENT
Pub. L. 110–181, div. C, title XXXV, § 3529(b)(2), Jan.
28, 2008, 122 Stat. 603, provided that: ‘‘The amendments
made by paragraph (1) [amending this section and section 31325 of this title] shall be effective as if included
in the enactment of Public Law 109–304.’’

CHAPTER 33—INSPECTION GENERALLY
Sec.

3301.
3302.
3303.
3304.
3305.
3306.
3307.
3308.
3309.
3310.
3311.
3312.
3313.
3314.
3315.
3316.
3317.
3318.

§ 3301

TITLE 46—SHIPPING

Vessels subject to inspection.
Exemptions.
Reciprocity for foreign vessels.
Transporting individuals in addition to crew.
Scope and standards of inspection.
Regulations.
Frequency of inspection.
Examinations.
Certificate of inspection.
Records of certification.
Certificate of inspection required.
Display of certificate of inspection.
Compliance with certificate of inspection.
Expiration of certificate of inspection.
Disclosure of defects and protection of informants.
Classification societies.
Fees.
Penalties.
HISTORICAL AND REVISION NOTES

Chapter 33 consolidates the laws governing the inspection and certification of vessels by the Coast Guard
that have developed over a period in excess of 140 years.
The original laws were directed to the safety of the relatively new and potentially dangerous steam vessel.
The demand for Federal remedial legislation began during the early 1800’s after frequent and disastrous explosions of steam boilers on passenger vessels. This directly led to the first maritime safety laws in 1838 that
required periodic inspection and certification of vessels
engaged in the transportation of passengers and freight
on the waters of the United States. This was followed
by a more extensive steamboat inspection law in 1852
which adopted for the first time the principle of licensing for river pilots and engineers. It also created a new
Federal maritime safety inspection service called the
Federal Inspection Service that eventually became the
Bureau of Marine Inspection and Navigation, whose duties were temporarily assumed in 1941 and permanently
assumed in 1946 by the United States Coast Guard.
In 1864 the principal inspection and licensing provisions of the 1852 act were made applicable to ferries,
towing vessels, and canal boats. However, steamboat
explosions continued with high loss of life and property. One of the greatest of all disasters, the destruction of the passenger vessel Sultana by explosion and
fire with a loss of life estimated at more than 1500 lives
in April 1865, led to renewed legislation efforts. In 1871
this culminated with legislation that combined a number of new requirements into a coherent and unified
body of maritime safety laws. At the time of the adoption of the Revised Statutes in 1874, a maritime safety
code was well established for vessels propelled in whole
or in part by steam.
In the more than 100 years since then, as the public
recognized the need for vessel safety legislation, primarily as the result of maritime disasters, other classes of vessels were subjected to Federal inspection or
regulatory control. These included vessels propelled by
gas, fluid, naphtha, or electric motors in 1897; sail vessels and barges carrying passengers for hire in 1898; sea-

going barges in 1908; motorboats in 1910; steam vessels
owned by the Department of Commerce in 1919; seagoing vessels of 300 gross tons and over on June 20, 1936;
all tank vessels carrying flammable or combustible liquid cargo in bulk regardless of size or means of propulsion of June 23, 1936; motorboats again in 1940; all vessels carrying more than six passengers in 1956; tank
vessels again in 1978; and offshore supply vessels in 1980.
There was also considerable legislation that amended
or supplemented these primary maritime safety laws.
The net result has been a patchwork quilt of categories and classifications that requires a tabulation of
more than seventy different classes of inspected vessels. This revision gathers into one section of the law
all classes of vessels that are subject to inspection and
certification without changing the application of
present law as to any one class of vessel. The revision
does not alter the application of the present law so as
to expand inspection requirements to any vessel presently not subject to inspection nor to remove from inspection any vessel that is presently subject to inspection.
AMENDMENTS
1996—Pub. L. 104–324, title VI, § 607(b)(2), Oct. 19, 1996,
110 Stat. 3932, substituted ‘‘Classification societies’’ for
‘‘United States classification societies’’ in item 3316.
1986—Pub. L. 99–307, § 1(5)(B), May 19, 1986, 100 Stat.
445, substituted ‘‘Transporting’’ for ‘‘Carrying’’ in item
3304.

§ 3301. Vessels subject to inspection
The following categories of vessels are subject
to inspection under this part:
(1) freight vessels.
(2) nautical school vessels.
(3) offshore supply vessels.
(4) passenger vessels.
(5) sailing school vessels.
(6) seagoing barges.
(7) seagoing motor vessels.
(8) small passenger vessels.
(9) steam vessels.
(10) tank vessels.
(11) fish processing vessels.
(12) fish tender vessels.
(13) Great Lakes barges.
(14) oil spill response vessels.
(15) towing vessels.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 510; Pub. L.
98–364, title IV, § 402(2), July 17, 1984, 98 Stat. 445;
Pub. L. 102–587, title V, § 5208(b), Nov. 4, 1992, 106
Stat. 5076; Pub. L. 104–324, title XI, § 1104(g), Oct.
19, 1996, 110 Stat. 3967; Pub. L. 108–293, title IV,
§ 415(a), Aug. 9, 2004, 118 Stat. 1047.)
HISTORICAL AND REVISION NOTES
Revised section
3301(1) ..........................................
3301(2) ..........................................
3301(3) ..........................................
3301(4) ..........................................
3301(5)
3301(6)
3301(7)
3301(8)
3301(9)

..........................................
..........................................
..........................................
..........................................
..........................................

3301(10) ........................................

Source section (U.S. Code)
46:391
46:404
46:1295f(c)
46:404–1
46:390a
46:391
46:390a
46:395
46:367
46:390a
46:362
46:391
46:405
46:391a

Section 3301 lists all classes of vessels that are subject to inspection and certification by the Coast Guard.
This section represents one of the sought-after advantages of the bill to simplify access to the provisions of
law governing the regulation of vessels. Under the

§ 3302

TITLE 46—SHIPPING

present law, a vessel’s inspection status must be determined by examining a table appearing at section
2.01–7A of title 46, Code of Federal Regulations that divides all vessels into more than 70 separate classes.
It is important to note that while the classes of vessels are now limited to ten, there is no prohibition
against developing regulations to meet the special
needs of various size vessels within any one category.
For example, it is expected that the Coast Guard will
continue the practice of establishing standards for
freight vessels of not more than 100 gross tons and
other standards for larger freight vessels.
It should also be noted that a particular vessel can,
when engaged in various types of operations, be subject
to varying inspection laws. For example, an offshore
supply vessel could be classed as a small passenger vessel or a passenger vessel when it operates as a crew
boat carrying individuals other than those defined in
section 2101(21). If the offshore supply vessel is 500 gross
tons and over it would then be subject to inspection as
a seagoing motor vessel, a freight vessel, or a passenger
vessel.
AMENDMENTS
2004—Par. (15). Pub. L. 108–293 added par. (15).
1996—Par. (14). Pub. L. 104–324 added par. (14).
1992—Par. (13). Pub. L. 102–587 added par. (13).
1984—Pars. (11), (12). Pub. L. 98–364 added pars. (11)
and (12).
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102–587 effective Nov. 4, 1992,
for Great Lakes barges placed in operation after Nov. 4,
1992, and effective one year after Nov. 4, 1992, for Great
Lakes barges in operation on Nov. 4, 1992, with provision for interim safety requirements, see section
5208(c), (d) of Pub. L. 102–587, set out as a note under
section 2101 of this title.
EFFECTIVE DATE

Page 46

‘‘(2) the State will provide such information obtained through the inspection program to the Secretary annually in such form and in such detail as the
Secretary may require.
‘‘(b) FEES.—The Secretary may adjust or waive the
user fee imposed under section 3317 of title 46, United
States Code, for the inspection of small passenger vessels inspected under the State program.
‘‘(c) TERMINATION.—The authority provided by subsection (a) terminates on December 31, 1999.
‘‘(d) DEFINITIONS.—For purposes of this section—
‘‘(1) SECRETARY.—The term ‘Secretary’ means the
Secretary of the department in which the Coast
Guard is operating.
‘‘(2) STATE.—The term ‘State’ means the State of
Minnesota.
‘‘(3) SMALL PASSENGER VESSEL.—The term ‘small
passenger vessel’ means a small passenger vessel (as
defined in section 2101(35) [now 2101(45)] of title 46,
United States Code) of not more than 40 feet overall
in length.’’
[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.]

§ 3302. Exemptions
(a) A vessel is not excluded from one category
only because the vessel is—
(1) included in another category of section
3301 of this title; or
(2) excluded by this section from another
category of section 3301 of this title.

SMALL PASSENGER VESSEL PILOT INSPECTION PROGRAM
WITH STATE OF MINNESOTA

(b) Except as provided in subsection (c)(3) of
this section, a fishing vessel, including a vessel
chartered part-time as a fish tender vessel, is exempt from section 3301(1), (7), (11), and (12) of
this title.
(c)(1) Except as provided in paragraph (3) of
this subsection, a fish processing vessel of not
more than 5,000 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 is exempt from section 3301(1),
(6), (7), (11), and (12) of this title.
(2) Except as provided in paragraphs (3) and (4)
of this subsection, the following fish tender vessels are exempt from section 3301(1), (6), (7), (11),
and (12) of this title:
(A) A vessel of not more 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.
(B) A vessel engaged in the Aleutian trade
that is not more than 2,500 gross tons as measured under section 14302 of this title.

Pub. L. 104–324, title XI, § 1122, Oct. 19, 1996, 110 Stat.
3979, provided that:
‘‘(a) IN GENERAL.—The Secretary may enter into an
agreement with the State under which the State may
inspect small passenger vessels operating in waters of
that State designated by the Secretary, if—
‘‘(1) the State plan for the inspection of small passenger vessels meets such requirements as the Secretary may require to ensure the safety and operation of such vessels in accordance with the standards that would apply if the Coast Guard were inspecting such vessels; and

(3)(A) A fishing vessel or fish processing vessel
is exempt from section 3301(1), (6), and (7) of this
title when transporting cargo (including fisheries-related cargo) to or from a place in Alaska
if—
(i) that place does not receive weekly common carrier service by water from a place in
the United States;
(ii) that place receives such common carrier
service and the cargo is of a type not accepted
by that common carrier service; or

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.
PILOT PROGRAM
Pub. L. 105–383, title IV, § 412(b), Nov. 13, 1998, 112
Stat. 3432, provided that:
‘‘(1) IN GENERAL.—The Secretary may establish a
pilot program to exempt a vessel of at least 300 gross
tons as measured under chapter 143 or chapter 145 of
title 46, United States Code, from the requirement to be
inspected under section 3301(7) of title 46, United States
Code, as a seagoing motor vessel, if—
‘‘(A) the vessel does not carry any cargo or passengers for hire;
‘‘(B) the vessel does not engage in commercial service, commercial fisheries, or oceanographic research;
and
‘‘(C) the vessel does not engage in towing.
‘‘(2) EXPIRATION OF AUTHORITY.—The authority to
grant the exemptions under this subsection expires 2
years after the date of the enactment of this Act [Nov.
13, 1998]. Any specific exemptions granted under this
subsection shall nonetheless remain in effect.’’

Page 47

TITLE 46—SHIPPING

(iii) the cargo is proprietary cargo owned by
the owner of the vessel or any affiliated entity
or subsidiary.
(B) A fish tender vessel of not more than 500
gross tons as measured under section 14502 of
this title, or less than 500 gross tons as measured under section 14502 of this title, or is less
than 2,500 gross tons as measured under section
14302 of this title, which is qualified to engage in
the Aleutian trade is exempt from section
3301(1), (6), and (7) of this title when transporting cargo (including fisheries-related cargo) to
or from a place in Alaska outside the Aleutian
trade geographic area if—
(i) that place does not receive weekly common carrier service by water from a place in
the United States;
(ii) that place receives such common carrier
service and the cargo is of a type not accepted
by that common carrier service; or
(iii) the cargo is proprietary cargo owned by
the owner of the vessel or any affiliated entity
or subsidiary.
(C) In this paragraph, the term ‘‘proprietary
cargo’’ means cargo that—
(i) is used by the owner of the vessel or any
affiliated entity or subsidiary in activities directly related to fishing or the processing of
fish;
(ii) is consumed by employees of the owner
of the vessel or any affiliated entity or subsidiary who are engaged in fishing or in the
processing of fish; or
(iii) consists of fish or fish products harvested or processed by the owner of the vessel
or any affiliated entity or subsidiary.
(D) Notwithstanding the restrictions in subparagraph (B) of this paragraph, vessels qualifying under subparagraph (B) may transport cargo
(including fishery-related products) from a place
in Alaska receiving weekly common carrier
service by water to a final destination in Alaska
not receiving weekly service by water from common carriers.
(4) A fish tender vessel is exempt from section
3301(1), (6), and (7) of this title when engaged in
the Aleutian trade if the vessel—
(A) is not more than 500 gross tons as measured under section 14502 of this title, or less
than 500 gross tons as measured under section
14502 of this title, or is less than 2,500 gross
tons as measured under section 14302 of this
title;
(B) has an incline test performed by a marine surveyor; and
(C) has written stability instructions posted
on board the vessel.
(d)(1) A motor vessel of less than 150 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, constructed before August 23, 1958, is not subject to inspection
under section 3301(1) of this title if the vessel is
owned or demise chartered to a cooperative or
association that only transports cargo owned by
at least one of its members on a nonprofit basis
between places within the waters of—
(A) southeastern Alaska shoreward of the
Boundary Line; or

§ 3302

(B) southeastern Alaska shoreward of the
Boundary Line and—
(i) Prince Rupert, British Columbia; or
(ii) waters of Washington shoreward of the
Boundary Line, via sheltered waters, as defined in article I of the treaty dated December 9, 1933, between the United States and
Canada defining certain waters as sheltered
waters.
(2) The transportation authorized under this
subsection is limited to and from places not receiving annual weekly transportation service
from any part of the United States by an established water common carrier. However, the limitation does not apply to transporting cargo of a
character not accepted for transportation by
that carrier.
(e) A vessel laid up, dismantled, or out of commission is exempt from inspection.
(f) Section 3301(4) and (8) of this title does not
apply to an oceanographic research vessel because it is carrying scientific personnel.
(g)(1) Except when compliance with major
structural or major equipment requirements is
necessary to remove an especially hazardous
condition, an offshore supply vessel is not subject to regulations or standards for those requirements if the vessel—
(A) was operating as an offshore supply vessel before January 2, 1979; or
(B) was contracted for before January 2, 1979,
and entered into service as an offshore supply
vessel before October 6, 1980.
(2) This subsection does not apply to an offshore supply vessel that is at least 20 years of
age.
(h) An offshore supply vessel operating on January 1, 1979, under a certificate of inspection issued by the Secretary, is subject to an inspection standard or requirement only if the standard or requirement could have been prescribed
for the vessel under authority existing under
law on October 5, 1980.
(i)(1) The Secretary may issue a permit exempting a vessel from any part of the requirements of this part for vessels transporting
cargo, including bulk fuel, from one place in
Alaska to another place in Alaska only if the
vessel—
(A) is not more 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;
(B) is in a condition that does not present an
immediate threat to the safety of life or the
environment; and
(C) was operating in the waters off Alaska as
of June 1, 1976, or the vessel is a replacement
for a vessel that was operating in the waters
off Alaska as of June 1, 1976, if the vessel being
replaced is no longer in service.
(2) Except in a situation declared to be an
emergency by the Secretary, a vessel operating
under a permit may not transport cargo to or
from a place if the cargo could be transported by
another commercial vessel that is reasonably
available and that does not require exemptions
to operate legally or if the cargo could be readily transported by overland routes.

§ 3302

TITLE 46—SHIPPING

(3) A permit may be issued for a specific voyage or for not more than one year. The permit
may impose specific requirements about the
amount or type of cargo to be carried, manning,
the areas or specific routes over which the vessel may operate, or other similar matters. The
duration of the permit and restrictions contained in the permit shall be at the sole discretion of the Secretary.
(4) A designated Coast Guard official who has
reason to believe that a vessel issued a permit is
in a condition or is operated in a manner that
creates an immediate threat to the safety of life
or the environment or is operated in a manner
that is inconsistent with the terms of the permit, may direct the master or individual in
charge to take immediate and reasonable steps
to safeguard life and the environment, including
directing the vessel to a port or other refuge.
(5) If a vessel issued a permit creates an immediate threat to the safety of life or the environment, or is operated in a manner inconsistent
with the terms of the permit or the requirements of paragraph (2) of this subsection, the
permit may be revoked. The owner, charterer,
managing operator, agent, master, or individual
in charge of a vessel issued a permit, that willfully permits the vessel to be operated, or operates, the vessel in a manner inconsistent with
the terms of the permit, is liable to the United
States Government for a civil penalty of not
more than $1,000.
(j) Notwithstanding another provision of this
chapter, the Secretary is not required to inspect
or prescribe regulations for a nautical school
vessel of not more than 15 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—
(1) when used in connection with a course of
instruction dealing with any aspect of maritime education or study; and
(2) operated by—
(A) the United States Merchant Marine
Academy; or
(B) a State maritime academy assisted
under chapter 515 of this title.
(k) Only the boiler, engine, and other operating machinery of a steam vessel that is a recreational vessel of not more than 65 feet overall
in length are subject to inspection under section
3301(9) of this title.
(l)(1) The Secretary may issue a permit exempting the following vessels from the requirements of this part for passenger vessels so long
as the vessels are owned by nonprofit organizations and operated as nonprofit memorials to
merchant mariners:
(A) The steamship John W. Brown (United
States official number 242209), owned by
Project Liberty Ship Baltimore, Incorporated,
located in Baltimore, Maryland.
(B) The steamship Lane Victory (United
States official number 248094), owned by the
United States Merchant Marine Veterans of
World War II, located in San Pedro, California.
(C) The steamship Jeremiah O’Brien (United
States official number 243622), owned by the
National Liberty Ship Memorial, Inc.
(D) The SS Red Oak Victory (United States
official number 249410), owned by the Rich-

Page 48

mond Museum Association, located in Richmond, California.
(E) The SS American Victory (United States
official number 248005), owned by Victory
Ship, Inc., of Tampa, Florida.
(F) The LST–325, owned by USS LST Ship
Memorial, Incorporated, located in Mobile,
Alabama.
(2) The Secretary may issue a permit for a specific voyage or for not more than one year. The
Secretary may impose specific requirements
about the number of passengers to be carried,
manning, the areas or specific routes over which
the vessel may operate, or other similar matters.
(3) A designated Coast Guard official who has
reason to believe that a vessel operating under
this subsection is in a condition or is operated
in a manner that creates an immediate threat to
life or the environment or is operated in a manner that is inconsistent with this section, may
direct the master or individual in charge to take
immediate and reasonable steps to safeguard life
and the environment, including directing the
vessel to a port or other refuge.
(m) A seagoing barge is not subject to inspection under section 3301(6) of this title if the vessel is unmanned and does not carry—
(1) a hazardous material as cargo; or
(2) a flammable or combustible liquid, including oil, in bulk.
(n)(1) A seagoing motor vessel is not subject to
inspection under section 3301(7) of this title if
the vessel—
(A) is a recreational vessel (as defined in section 2101 of this title) over 300 gross tons as
measured under section 14502, or an alternate
tonnage measured under section 14302 of this
title as prescribed by the Secretary under section 14104 of this title;
(B) does not carry any cargo or passengers
for hire; and
(C) is found by the Secretary to comply with
large recreational vessel regulations issued by
the Secretary.
(2) This subsection shall apply only on and
after the effective date of regulations referred to
in paragraph (1)(C).
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 510; Pub. L.
98–364, title IV, § 402(3), July 17, 1984, 98 Stat. 445;
Pub. L. 99–307, § 1(3), (4), May 19, 1986, 100 Stat.
444; Pub. L. 101–595, title III, § 303(a), title VI,
§§ 602(b), 603(2), Nov. 16, 1990, 104 Stat. 2983, 2990,
2993; Pub. L. 103–206, title III, § 311, Dec. 20, 1993,
107 Stat. 2426; Pub. L. 104–324, title VII, § 711,
title XI, § 1110, Oct. 19, 1996, 110 Stat. 3935, 3969;
Pub. L. 106–65, div. C, title XXXVI, § 3604, Oct. 5,
1999, 113 Stat. 976; Pub. L. 107–295, title II, § 208,
Nov. 25, 2002, 116 Stat. 2098; Pub. L. 109–241, title
III, § 311, July 11, 2006, 120 Stat. 530; Pub. L.
109–304, § 15(11), Oct. 6, 2006, 120 Stat. 1703; Pub.
L. 115–232, div. C, title XXXV, §§ 3529(b), 3546(c),
Aug. 13, 2018, 132 Stat. 2319, 2326.)

Page 49

§ 3302

TITLE 46—SHIPPING
HISTORICAL AND REVISION NOTES

Revised section

Source section (U.S. Code)

3302 ..............................................

46:367
46:390
46:391(e)
46:404
46:420
46:442

Section 3302 does three things. It makes clear that a
vessel included in one of the ten categories of vessels
subject to inspection is not necessarily excluded from
another category of vessel that is subject to inspection.
For example, a vessel inspected and certified as a small
passenger vessel would, when carrying oil or hazardous
materials in bulk as cargo or cargo residue, also have
to be inspected as a tank vessel. It makes it clear that
a vessel excluded by section 3302 from the requirements
of inspection in any one of the ten categories is not
necessarily excluded from inspection as a vessel in another category. This section also contains a number of
exemptions for certain classes of vessels and for those
vessels engaged in a specific trade that have been considered to be of a special circumstance.
AMENDMENTS
2018—Subsec. (g)(2). Pub. L. 115–232, § 3546(c), substituted ‘‘This’’ for ‘‘After December 31, 1988, this’’.
Subsec. (n). Pub. L. 115–232, § 3529(b), added subsec.
(n).
2006—Subsec. (b). Pub. L. 109–304, § 15(11)(A), inserted
comma after ‘‘fishing vessel’’.
Subsec. (c)(2). Pub. L. 109–241, § 311(a), amended par.
(2) generally. Prior to amendment, par. (2) read as follows: ‘‘Except as provided in paragraphs (3) and (4) of
this subsection, a fish tender vessel of not more 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 is exempt from section 3301(1),
(6), (7), (11), and (12) of this title.’’
Subsec. (c)(3)(B), (4)(A). Pub. L. 109–241, § 311(b), substituted ‘‘or less than 500 gross tons as measured under
section 14502 of this title, or is less than 2,500 gross tons
as measured under section 14302 of this title’’ for ‘‘or an
alternate tonnage measured under section 14302 of this
title as prescribed by the Secretary under section 14104
of this title’’.
Subsec. (j)(2)(B). Pub. L. 109–304, § 15(11)(B), substituted ‘‘chapter 515 of this title’’ for ‘‘section 1304 of
the Merchant Marine Act, 1936 (46 App. U.S.C. 1295c)’’.
Subsec. (l)(1)(C). Pub. L. 109–304, § 15(11)(C), substituted ‘‘Inc.’’ for ‘‘Inc..’’.
2002—Subsec. (l)(1)(D) to (F). Pub. L. 107–295 added
subpars. (D) to (F).
1999—Subsec. (l)(1)(C). Pub. L. 106–65 substituted
‘‘owned by the National Liberty Ship Memorial, Inc.’’
for ‘‘owned by the United States Maritime Administration’’.
1996—Subsec. (b). Pub. L. 104–324, § 1110(1), substituted
‘‘Except as provided in subsection (c)(3) of this section,
a fishing vessel’’ for ‘‘A fishing vessel,’’.
Subsec. (c)(1). Pub. L. 104–324, §§ 711(1), 1110(2), substituted ‘‘Except as provided in paragraph (3) of this
subsection, a fish processing vessel’’ for ‘‘A fish processing vessel’’ and 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 ‘‘5,000
gross tons’’.
Subsec. (c)(2). Pub. L. 104–324, §§ 711(2), 1110(3), substituted ‘‘Except as provided in paragraphs (3) and (4) of
this subsection, a fish tender vessel’’ for ‘‘A fish tender
vessel’’ and 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 ‘‘500 gross tons’’.
Subsec. (c)(3). Pub. L. 104–324, § 1110(4), amended par.
(3) generally. Prior to amendment, par. (3) read as follows: ‘‘A fishing, fish processing, or fish tender vessel of

not more than 500 gross tons is exempt from section
3301(1), (6), and (7) of this title if—
‘‘(A) when transporting cargo to or from a place in
Alaska—
‘‘(i) that place does not receive weekly common
carrier service by water from a place in the United
States; or
‘‘(ii) the cargo is of a type not accepted by that
common carrier service; or
‘‘(B) in the case of a fish tender vessel, the vessel is
not engaged in the Aleutian trade.’’
Subsec. (c)(4)(A). Pub. L. 104–324, § 711(3), 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 ‘‘500 gross tons’’.
Subsec. (d)(1). Pub. L. 104–324, § 711(4), 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 ‘‘150 gross tons’’.
Subsec. (i)(1)(A). Pub. L. 104–324, § 711(5), 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 ‘‘300 gross tons’’.
Subsec. (j). Pub. L. 104–324, § 711(6), 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 ‘‘15 gross tons’’.
1993—Subsec. (m). Pub. L. 103–206 added subsec. (m).
1990—Subsec. (c)(3), (4). Pub. L. 101–595, § 602(b), added
pars. (3) and (4).
Subsec. (j)(2)(B). Pub. L. 101–595, § 603(2), substituted
‘‘(46 App. U.S.C. 1295c)’’ for ‘‘(46 App. U.S.C. 1295(c))’’.
Subsec. (l). Pub. L. 101–595, § 303(a), added subsec. (l).
1986—Subsec. (i)(5). Pub. L. 99–307, § 1(3), substituted
‘‘charterer’’ for ‘‘charter’’.
Subsec. (k). Pub. L. 99–307, § 1(4), added subsec. (k).
1984—Subsec. (b). Pub. L. 98–364 amended subsec. (b)
generally, which prior to amendment read as follows:
‘‘A motor vessel engaged in fishing as a regular business, including oystering, clamming, crabbing, or the
kelp or sponge industry, is exempt from section 3301(1),
(4), and (7) of this title.’’
Subsec. (c). Pub. L. 98–364 amended subsec. (c) generally, which prior to amendment read as follows:
‘‘(1) Before January 1, 1988, a motor vessel is exempt
from section 3301(1), (4), and (7) of this title if the vessel
is not more than 500 gross tons and—
‘‘(A) is a cannery tender or a fishing tender in the
salmon or crab fisheries of Alaska, Oregon, and Washington; and
‘‘(B) only carries cargo to or from vessels in those
fisheries or a facility used in processing or assembling fishery products, or transports cannery or fishing personnel to or from operating locations.
‘‘(2) Before January 1, 1988, a vessel is exempt from
section 3301(1), (4), (6), and (7) of this title if the vessel
is not more than 5,000 gross tons and is used only in
processing and assembling fishery products in the fisheries of Alaska, Oregon, and Washington.’’
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by section 602(b) of Pub. L. 101–595 effective Nov. 16, 1990, except that requirements imposed by
subsec. (c)(4)(B) and (C), effective six months after Nov.
16, 1990, see section 602(f) of Pub. L. 101–595, set out as
a note under section 4502 of this title.
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.
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities

§ 3303

TITLE 46—SHIPPING

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.
VESSELS REPAIRED OR RETROFITTED FOR MOBILE
TRADE FAIR PURPOSES DEEMED OUT OF COMMISSION
Pub. L. 100–418, title X, § 10003(b), Aug. 23, 1988, 102
Stat. 1573, provided that: ‘‘For one year after the date
of enactment of this Act [Aug. 23, 1988], a vessel that is
undergoing repair or retrofitting for use solely for mobile trade fair purposes is deemed to be out of commission under section 3302(e) of title 46, United States
Code, during the repair or retrofitting.’’
EXEMPTION OF CERTAIN FISHING AND FISH PROCESSING
VESSELS
Pub. L. 98–364, title IV, § 403, July 17, 1984, 98 Stat. 450,
as amended by Pub. L. 99–36, § 3, May 15, 1985, 99 Stat.
68; Pub. L. 101–225, title III, § 306, Dec. 12, 1989, 103 Stat.
1925, provided that:
‘‘(a) Except as provided in chapter 37 of title 46,
United States Code, and before January 1, 1991, a fishing, fish processing, or fish tender vessel, that is (1) not
more than 500 gross tons and (2) in operation, or contracted for purchase to be used as a vessel of this type,
before July 1, 1984, may transport cargo to or from a
place in Alaska not receiving weekly transportation
service from a port of the United States by an established water common carrier, except that the service
limitation does not apply to transporting cargo of a
type not accepted by that carrier.
‘‘(b) A fish processing vessel entered into service before January 1, 1988, and more than 1,600 gross tons or
entered into service after December 31, 1987, and having
more than 16 individuals on board primarily employed
in the preparation of fish or fish products is exempt
from section 8702(b) of title 46, United States Code,
until 18 months after the date of enactment of this Act
[July 17, 1984].
‘‘(c) As used in subsections (a) and (b) of this section,
the terms ‘fishing vessel’, ‘fish processing vessel’ and
‘fish tender vessel’ shall have the meaning given to
such terms in section 2101 of title 46, United States
Code.’’
OFFSHORE SUPPLY VESSELS; TRANSITION PERIOD FOR
COMPLIANCE WITH VESSEL INSPECTION PROVISIONS
Pub. L. 98–89, § 2(i), Aug. 26, 1983, 97 Stat. 599, provided
that: ‘‘Each offshore supply vessel described in section
3302(g) of title 46 (as enacted by section 1 of this Act),
that was registered with the Secretary of Transportation under section 4426a(7) of the Revised Statutes
[former 46 U.S.C. 404–1(7)] but that has not been inspected by the Secretary shall be held to be in compliance with all applicable vessel inspection laws pending
verification by actual inspection or until one year after
the date of enactment of this Act [Aug. 26, 1983], whichever is earlier.’’

§ 3303. Reciprocity for foreign vessels
Except as provided in chapter 37 and section
3505 of this title, a foreign vessel of a country
having inspection laws and standards similar to
those of the United States and that has an unexpired certificate of inspection issued by proper
authority of its respective country, is subject to
an inspection to ensure that the condition of the
vessel is as stated in its current certificate of inspection. A foreign country is considered to
have inspection laws and standards similar to
those of the United States when it is a party to
an International Convention for Safety of Life
at Sea to which the United States Government

Page 50

is currently a party. A foreign certificate of inspection may be accepted as evidence of lawful
inspection only when presented by a vessel of a
country that has by its laws accorded to vessels
of the United States visiting that country the
same privileges accorded to vessels of that country visiting the United States.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 512; Pub. L.
102–587, title V, § 5210(a), Nov. 4, 1992, 106 Stat.
5076; Pub. L. 104–324, title XI, § 1111, Oct. 19, 1996,
110 Stat. 3970; Pub. L. 108–293, title IV, § 411(b),
Aug. 9, 2004, 118 Stat. 1046.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

3303 ..............................................

46:362(a)
46:390c
46:391a(3)

Section 3303 acknowledges the international concept
of comity with respect to recognizing inspection laws
and standards for foreign flag vessels that are similar
to those of the United States. If a foreign nation is signatory to the International Convention for Safety of
Life at Sea, it is presumed to have similar standards.
However, reciprocity requirements for foreign flag tank
vessels are included in chapter 37. Subsection (b) provides for a mutual waiver of fees for the inspection of
foreign vessels carrying passengers from the United
States.
AMENDMENTS
2004—Pub. L. 108–293 inserted ‘‘and section 3505’’ after
‘‘chapter 37’’.
1996—Pub. L. 104–324 struck out subsec. (a) designation and subsec. (b) which read as follows: ‘‘The Secretary shall collect and pay to the Treasury the same
fees for the inspection of foreign vessels carrying passengers from the United States that a foreign country
charges vessels of the United States trading to the
ports of that country. The Secretary may waive at any
time the collection of the fees on notice of the proper
authorities of any country concerned that the collection of fees for the inspection of vessels of the United
States has been discontinued.’’
1992—Subsec. (a). Pub. L. 102–587, in first sentence,
struck out ‘‘only’’ after ‘‘is subject’’ and substituted
‘‘the condition of the vessel is’’ for ‘‘the condition of
the vessel’s propulsion equipment and lifesaving equipment are’’.
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.
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.

§ 3304. Transporting individuals in addition to
crew
(a) A documented vessel transporting cargo
that transports 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, is not subject to inspection as a passenger vessel or a small passenger vessel if the vessel is otherwise subject to
inspection under this chapter.
(b) Except when subsection (e) of this section
applies, before an individual in addition to the

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.

Page 52

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.

Page 53

TITLE 46—SHIPPING

(2) Except with respect to use on a public vessel, the Secretary may treat an approval of
equipment or materials by a foreign government
as approval by the Secretary for purposes of
paragraph (1) if the Secretary determines that—
(A) the design standards and testing procedures used by that government meet the requirements of the International Convention
for the Safety of Life at Sea, 1974;
(B) the approval of the equipment or material by the foreign government will secure the
safety of individuals and property on board
vessels subject to inspection; and
(C) for lifesaving equipment, the foreign government—
(i) has given equivalent treatment to approvals of lifesaving equipment by the Secretary; and
(ii) otherwise ensures that lifesaving
equipment approved by the Secretary may
be used on vessels that are documented and
subject to inspection under the laws of that
country.
(c) In prescribing regulations for sailing school
vessels, the Secretary shall consult with representatives of the private sector having experience in the operation of vessels likely to be certificated as sailing school vessels. The regulations shall—
(1) reflect the specialized nature of sailing
school vessel operations, and the character,
design, and construction of vessels operating
as sailing school vessels; and
(2) include requirements for notice to sailing
school instructors and sailing school students
about the specialized nature of sailing school
vessels and applicable safety regulations.
(d) In prescribing regulations for nautical
school vessels operated by the United States
Merchant Marine Academy or by a State maritime academy (as defined in section 51102 of this
title), the Secretary shall consider the function,
purpose, and operation of the vessels, their
routes, and the number of individuals who may
be carried on the vessels.
(e) When the Secretary finds it in the public
interest, the Secretary may suspend or grant exemptions from the requirements of a regulation
prescribed under this section related to lifesaving and firefighting equipment, muster lists,
ground tackle and hawsers, and bilge systems.
(f) In prescribing regulations for offshore supply vessels, the Secretary shall consider the
characteristics, methods of operation, and the
nature of the service of offshore supply vessels.
(g) In prescribing regulations for fish processing or fish tender vessels, the Secretary shall
consult with representatives of the private sector having experience in the operation of these
vessels. The regulations shall reflect the specialized nature and economics of fish processing or
fish tender vessel operations and the character,
design, and construction of fish processing or
fish tender vessels.
(h) The Secretary shall establish appropriate
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

§ 3306

14302 of this title as prescribed by the Secretary
under section 14104 of this title carrying not
more than 150 passengers on domestic voyages,
which meet the eligibility criteria of section
2113(4) of this title.
(i) The Secretary shall establish appropriate
structural fire protection, manning, operating,
and equipment requirements for former public
vessels of the United States of at least 100 gross
tons but less that 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, which meet
the eligibility criteria of section 2113(4) of this
title.
(j) The Secretary may establish by regulation
a safety management system appropriate for the
characteristics, methods of operation, and nature of service of towing vessels.
(k)(1) Each vessel of the United States that is
constructed under a contract entered into after
the date of enactment of the Maritime Safety
Act of 2010, or that is delivered after January 1,
2011, with an aggregate capacity of 600 cubic meters or more of oil fuel, shall comply with the
requirements of Regulation 12A under Annex I
to the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973, entitled ‘‘Oil Fuel Tank
Protection’’.
(2) The Secretary may prescribe regulations to
apply the requirements described in Regulation
12A to vessels described in paragraph (1) that are
not otherwise subject to that convention. Any
such regulation shall be considered to be an interpretive rule for the purposes of section 553 of
title 5.
(3) In this subsection the term ‘‘oil fuel’’
means any oil used as fuel in connection with
the propulsion and auxiliary machinery of the
vessel in which such oil is carried.
(l)(1) The Secretary shall require that a freight
vessel inspected under this chapter be outfitted
with distress signaling and location technology
for the higher of—
(A) the minimum complement of officers and
crew specified on the certificate of inspection
for such vessel; or
(B) the number of persons onboard the vessel; and
(2) the requirement described in paragraph (1)
shall not apply to vessels operating within the
baseline from which the territorial sea of the
United States is measured.
(m)(1) The Secretary shall promulgate regulations requiring companies to maintain records
of all incremental weight changes made to
freight vessels inspected under this chapter, and
to track weight changes over time to facilitate
rapid determination of the aggregate total.
(2) Records maintained under paragraph (1)
shall be stored, in paper or electronic form, onboard such vessels for not less than 3 years and
shoreside for the life of the vessel.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 513; Pub. L.
98–364, title IV, § 402(5), July 17, 1984, 98 Stat. 446;
Pub. L. 103–206, title V, § 512(a), Dec. 20, 1993, 107
Stat. 2442; Pub. L. 104–324, title VI, § 604(a), (c),

§ 3306

TITLE 46—SHIPPING

title VII, § 712, Oct. 19, 1996, 110 Stat. 3930, 3931,
3936; Pub. L. 108–293, title IV, § 415(b), Aug. 9,
2004, 118 Stat. 1047; Pub. L. 109–304, § 15(12), Oct.
6, 2006, 120 Stat. 1703; Pub. L. 111–281, title VI,
§ 612, Oct. 15, 2010, 124 Stat. 2970; Pub. L. 115–232,
div. C, title XXXV, § 3542(b), Aug. 13, 2018, 132
Stat. 2324; Pub. L. 115–265, title II, § 206(a)(1),
Oct. 11, 2018, 132 Stat. 3746.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

3306 ..............................................

46:366
46:369
46:375
46:390b
46:392
46:404
46:408
46:411
46:412
46:416
46:420
46:445
46:459
46:473
46:477
46:478
46:479
46:481
46:482
46:483
46:489
46:526p
46:1295f(c)

Section 3306 contains broad authority to prescribe
regulations for the proper inspection and certification
of vessels. It provides regulatory flexibility for meeting
technological changes. The section also permits flexibility in prescribing regulations for nautical school
vessels operated by the United States Merchant Marine
Academy or by a State maritime academy. The Secretary may suspend or grant exemptions to certain limited inspection requirements when the Secretary finds
that this is necessary in the public interest. It also contains the requirement that in regulating offshore supply vessels consideration must be given to the special
nature of their operations.
REFERENCES IN TEXT
The date of enactment of the Maritime Safety Act of
2010, referred to in subsec. (k)(1), is the date of enactment of title VI of Pub. L. 111–281, which was approved
Oct. 15, 2010.
AMENDMENTS
2018—Subsec. (i). Pub. L. 115–232 substituted ‘‘section
2113(4)’’ for ‘‘section 2113(5)’’.
Subsecs. (l), (m). Pub. L. 115–265 added subsecs. (l) and
(m).
2010—Subsec. (k). Pub. L. 111–281 added subsec. (k).
2006—Subsec. (d). Pub. L. 109–304 substituted ‘‘section
51102 of this title’’ for ‘‘section 1302(3) of the Merchant
Marine Act, 1936 (46 App. U.S.C. 1295a(3))’’.
2004—Subsec. (j). Pub. L. 108–293 added subsec. (j).
1996—Subsec. (a)(4). Pub. L. 104–324, § 604(c), substituted ‘‘paragraphs (1), (2), and (3)’’ for ‘‘clauses
(1)–(3)’’.
Subsec. (b). Pub. L. 104–324, § 604(a), amended subsec.
(b) generally. Prior to amendment, subsec. (b) read as
follows: ‘‘Equipment subject to regulation under this
section may not be used on any vessel without prior approval as prescribed by regulation.’’
Subsec. (h). Pub. L. 104–324, § 712(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 ‘‘300 gross tons’’.
Subsec. (i). Pub. L. 104–324, § 712(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 ‘‘500 gross tons’’.

Page 54

1993—Subsecs. (h), (i). Pub. L. 103–206 added subsecs.
(h) and (i).
1984—Subsec. (g). Pub. L. 98–364 added subsec. (g).
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.
REGULATIONS
Pub. L. 103–206, title V, § 512(b), (c), Dec. 20, 1993, 107
Stat. 2442, provided that:
‘‘(b) The Secretary of Transportation shall, within
twenty-four months of the date of enactment of this
Act [Dec. 20, 1993], prescribe regulations establishing
the structural fire protection, manning, operating, and
equipment requirements for vessels which meet the requirements of subsections (h) and (i) of section 3306 of
title 46, United States Code, as amended by this Act.
‘‘(c) Before the Secretary of Transportation prescribes regulations under subsections (h) and (i) of section 3306 of title 46, United States Code, as amended by
this Act, the Secretary may prescribe the route, service, manning, and equipment for those vessels based on
existing passenger vessel and small passenger vessel
regulations.’’
DEADLINES FOR IMPLEMENTATION OF DISTRESS SIGNALING AND LOCATION TECHNOLOGY REQUIREMENT AND
PROMULGATION OF INCREMENTAL WEIGHT CHANGE
RECORDS REGULATIONS
Pub. L. 115–265, title II, § 206(a)(2), Oct. 11, 2018, 132
Stat. 3746, provided that: ‘‘The Secretary shall—
‘‘(A) begin implementing the requirement under
section 3306(l) of title 46, United States Code, as
amended by this subsection, by not later than 1 year
after the date of the enactment of this Act [Oct. 11,
2018]; and
‘‘(B) promulgate the regulations required under section 3306(m) of title 46, United States Code, as amended by this subsection, by not later than 1 year after
the date of the enactment of this Act.’’
[For definition of ‘‘Secretary’’ as used in section
206(a)(2) of Pub. L. 115–265, set out above, see section 203
of Pub. L. 115–265, set out as a note under section 2101
of this title.]
NEGOTIATIONS TO AMEND INTERNATIONAL REGULATIONS
RELATED TO VESSEL EQUIPMENT
Pub. L. 115–265, title II, § 206(b), Oct. 11, 2018, 132 Stat.
3746, provided that: ‘‘Not later than 1 year after the
date of the enactment of this Act [Oct. 11, 2018], the
Commandant [of the Coast Guard] shall seek to enter
into negotiations through the International Maritime
Organization to amend regulation 25 of chapter II–1 of
the International Convention for the Safety of Life at
Sea to require a high-water alarm sensor in each cargo
hold of a freight vessel (as that term is defined in section 2101 of title 46, United States Code), that connects
with audible and visual alarms on the navigation
bridge of the vessel.’’
Pub. L. 115–265, title II, § 208(a)(1), Oct. 11, 2018, 132
Stat. 3747, provided that: ‘‘Not later than 1 year after
the date of the enactment of this Act [Oct. 11, 2018], the
Commandant [of the Coast Guard] shall seek to enter
into negotiations through the International Maritime
Organization to amend regulation 20 of chapter V of the
International Convention for the Safety of Life at Sea
to require that all voyage data recorders are installed
in a float-free arrangement and contain an integrated
emergency position indicating radio beacon.’’
TOWING VESSELS
Pub. L. 111–281, title VII, § 701(c), Oct. 15, 2010, 124
Stat. 2980, provided that: ‘‘No later than 90 days after
the date of enactment of this Act [Oct. 15, 2010], the
Secretary shall issue a notice of proposed rulemaking
regarding inspection requirements for towing vessels
required under section 3306(j) of title 46, United States

Page 55

§ 3309

TITLE 46—SHIPPING

Code. The Secretary shall issue a final rule pursuant to
that rulemaking no later than 1 year after the date of
enactment of this Act.’’
[‘‘Secretary’’ as used in section 701(c) of Pub. L.
111–281, set out above, probably means the Secretary of
the department in which the Coast Guard is operating,
see section 701(a)(1) of Pub. L. 111–281, set out as a note
under section 1321 of Title 33, Navigation and Navigable
Waters.]
FOREIGN APPROVALS
Pub. L. 104–324, title VI, § 604(b), Oct. 19, 1996, 110 Stat.
3931, provided that: ‘‘The Secretary of Transportation,
in consultation with other interested Federal agencies,
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’’.
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.

§ 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.
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.

§ 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—

§ 3310

TITLE 46—SHIPPING

(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

Source section (U.S. Code)

3309 ..............................................

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
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.
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.

§ 3310. Records of certification

Page 56

cate 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

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

§ 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.

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.)

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 515.)

3312 ..............................................

HISTORICAL AND REVISION NOTES
Revised section
3310 ..............................................

Source section (U.S. Code)
46:414

HISTORICAL AND REVISION NOTES
Revised section

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

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.

Section 3310 contains the requirement for maintaining inspection records.

EFFECTIVE DATE

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.

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.

§ 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 certifi-

§ 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.

Page 57

§ 3315

TITLE 46—SHIPPING

(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
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,
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.
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.

§ 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.
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.

§ 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

§ 3316

TITLE 46—SHIPPING

prohibiting any government official from disclosing the
identity or source of the information except as authorized by the Secretary.
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.
ANONYMOUS SAFETY ALERT SYSTEM
Pub. L. 115–265, title II, § 217, Oct. 11, 2018, 132 Stat.
3752, provided that:
‘‘(a) PILOT PROGRAM.—Not later than 1 year after the
date of enactment of this Act [Oct. 11, 2018], the Commandant [of the Coast Guard] shall establish an anonymous safety alert pilot program.
‘‘(b) REQUIREMENTS.—The pilot program established
under subsection (a) shall provide an anonymous reporting mechanism to allow crew members to communicate urgent and dire safety concerns directly and in
a timely manner with the Coast Guard.’’

§ 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;
(B) if the foreign classification society has
offices and maintains records in the United
States; and
(C) if the Secretary of State determines that
the foreign classification society does not provide comparable services in or for a state
sponsor of terrorism.

Page 58

(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;
(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

Page 59

TITLE 46—SHIPPING

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); and
(C) the Secretary of State determines that
the foreign classification society does not provide comparable services in or for a state
sponsor of terrorism.
(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).
(e) The Secretary shall revoke a delegation
made to a classification society under subsection (b) or (d) if the Secretary of State determines that the classification society provides
comparable services in or for a state sponsor of
terrorism.
(f)(1) Upon request of an owner or operator of
an offshore supply vessel, the Secretary shall
delegate the authorities set forth in paragraph
(1) of subsection (b) with respect to such vessel
to a classification society to which a delegation
is authorized under that paragraph. A delegation
by the Secretary under this subsection shall be

§ 3316

used for any vessel inspection and examination
function carried out by the Secretary, including
the issuance of certificates of inspection and all
other related documents.
(2) If the Secretary determines that a certificate of inspection or related document issued
under authority delegated under paragraph (1) of
this subsection with respect to a vessel has reduced the operational safety of that vessel, the
Secretary may terminate the certificate or document, respectively.
(3) Not later than 2 years after the date of the
enactment of the Howard Coble Coast Guard and
Maritime Transportation Act of 2014, and for
each year of the subsequent 2-year period, the
Secretary shall provide to the Committee on
Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing—
(A) the number of vessels for which a delegation was made under paragraph (1);
(B) any savings in personnel and operational
costs incurred by the Coast Guard that resulted from the delegations; and
(C) based on measurable marine casualty
and other data, any impacts of the delegations
on the operational safety of vessels for which
the delegations were made, and on the crew on
those vessels.
(g)(1) There shall be within the Coast Guard an
office that conducts comprehensive and targeted
oversight of all recognized organizations that
act on behalf of the Coast Guard.
(2) The staff of the office shall include subject
matter experts, including inspectors, investigators, and auditors, who possess the capability
and authority to audit all aspects of such recognized organizations.
(3) In this subsection the term ‘‘recognized organization’’ has the meaning given that term in
section 2.45–1 of title 46, Code of Federal Regulations, as in effect on the date of the enactment
of the Hamm Alert Maritime Safety Act of 2018.
(h) In this section, the term ‘‘state sponsor of
terrorism’’ means any country the government
of which the Secretary of State has determined
has repeatedly provided support for acts of
international terrorism pursuant to section 6(j) 1
of the Export Administration Act of 1979 (as continued in effect under the International Emergency Economic Powers Act), section 620A of
the Foreign Assistance Act of 1961, section 40 of
the Arms Export Control Act, or any other provision of law.
(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; Pub. L.
112–213, title III, § 304, Dec. 20, 2012, 126 Stat. 1563;
Pub. L. 113–281, title III, § 315, Dec. 18, 2014, 128
Stat. 3050; Pub. L. 115–265, title II, § 215(a), Oct.
11, 2018, 132 Stat. 3751.)
1 See

References in Text note below.

§ 3316

TITLE 46—SHIPPING
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

3316 ..............................................

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
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.
REFERENCES IN TEXT
The date of the enactment of the Howard Coble Coast
Guard and Maritime Transportation Act of 2014, referred to in subsec. (f)(3), is the date of enactment of
Pub. L. 113–281, which was approved Dec. 18, 2014.
The date of the enactment of the Hamm Alert Maritime Safety Act of 2018, referred to in subsec. (g)(3), is
the date of enactment of Pub. L. 115–265, which was approved Oct. 11, 2018.
Section 6(j) of the Export Administration Act of 1979,
referred to in subsec. (h), was classified to section
4605(j) of Title 50, War and National Defense, prior to
repeal by Pub. L. 115–232, div. A, title XVII, § 1766(a),
Aug. 13, 2018, 132 Stat. 2232.
The International Emergency Economic Powers Act,
referred to in subsec. (h), is title II of Pub. L. 95–223,
Dec. 28, 1977, 91 Stat. 1626, which is classified generally
to chapter 35 (§ 1701 et seq.) of Title 50, War and National Defense. For complete classification of this Act
to the Code, see Short Title note set out under section
1701 of Title 50 and Tables.
Section 620A of the Foreign Assistance Act of 1961, referred to in subsec. (h), is classified to section 2371 of
Title 22, Foreign Relations and Intercourse.
Section 40 of the Arms Export Control Act, referred
to in subsec. (h), is classified to section 2780 of Title 22,
Foreign Relations and Intercourse.
AMENDMENTS
2018—Subsecs. (g), (h). Pub. L. 115–265 added subsec.
(g) and redesignated former subsec. (g) as (h).
2014—Subsecs. (f), (g). Pub. L. 113–281 added subsec. (f)
and redesignated former subsec. (f) as (g).
2012—Subsec. (b)(2)(C). Pub. L. 112–213, § 304(1), added
subpar. (C).
Subsec. (d)(2)(C). Pub. L. 112–213, § 304(2), added subpar. (C).
Subsecs. (e), (f). Pub. L. 112–213, § 304(3), added subsecs. (e) and (f).
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 ap-

Page 60

proved 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.’’
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.
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.
DEADLINE FOR ESTABLISHMENT OF RECOGNIZED
ORGANIZATION OVERSIGHT OFFICE
Pub. L. 115–265, title II, § 215(b), Oct. 11, 2018, 132 Stat.
3751, provided that: ‘‘The Commandant of the Coast
Guard shall establish the office required by the amendment made by subsection (a) [amending this section] by
not later than 2 years after the date of the enactment
of this Act [Oct. 11, 2018].’’
REVIEW OF AUTHORITIES DELEGATED TO RECOGNIZED
ORGANIZATIONS FOR ALTERNATIVE COMPLIANCE PROGRAM

Pub. L. 115–265, title II, § 219, Oct. 11, 2018, 132 Stat.
3752, provided that:

Page 61

TITLE 46—SHIPPING

‘‘(a) IN GENERAL.—Not later than 1 year after the
date of the enactment of this Act [Oct. 11, 2018], the
Commandant [of the Coast Guard] shall review the authorities that have been delegated to recognized organizations for the alternative compliance program as described in subpart D of part 8 of title 46, Code of Federal Regulations, and, if necessary, revise or establish
policies and procedures to ensure those delegated authorities are being conducted in a manner to ensure
safe maritime transportation.
‘‘(b) BRIEFING.—Not later than 1 year after the date of
the enactment of this Act, the Commandant shall provide to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a briefing on the implementation of subsection (a).’’
[For definition of ‘‘recognized organizations’’ as used
in section 219 of Pub. L. 115–265, set out above, see section 203 of Pub. L. 115–265, set out as a note under section 2101 of this title.]

§ 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’’.
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.
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 Reor-

§ 3318

ganization 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.
(b)(1) A person that knowingly manufactures,
sells, offers for sale, or possesses with intent to
sell, any equipment subject to this part, and the
equipment is so defective as to be insufficient to
accomplish the purpose for which it is intended,
commits a class D felony.
(2) A person commits a class D felony if the
person—
(A) alters or services lifesaving, fire safety,
or any other equipment subject to this part for
compensation; and
(B) by that alteration or servicing, intentionally renders that equipment unsafe and
unfit for the purpose for which it is intended.
(c) A person that employs a means or device
whereby a boiler may be subjected to a pressure
greater than allowed by the terms of the vessel’s
certificate of inspection commits a class D felony.
(d) A person that deranges or hinders the operation of any machinery or device employed on a
vessel to denote the state of steam or water in
any boiler or to give warning of approaching
danger, or permits the water level of any boiler
when in operation of a vessel to fall below its
prescribed low-water line, commits a class D felony.
(e) A person that alters, defaces, obliterates,
removes, or destroys any plans or specifications
required by and approved under a regulation
prescribed under section 3306 of this title, with
intent to deceive or impede any official of the
United States in carrying out that official’s duties, commits a class A misdemeanor.
(f) A person commits a class D felony if the
person—
(1) forges or counterfeits with intent to
make it appear genuine any mark or stamp
prescribed for material to be tested and approved under section 3306 of this title or a regulation prescribed under section 3306;
(2) knowingly uses, affixes, or causes to be
used or affixed, any such forged or counterfeited mark or stamp to or on material of any
description;
(3) with fraudulent intent, possesses any
such mark, stamp, or other device knowing it
to be forged or counterfeited; or
(4) with fraudulent intent, marks or causes
to be marked with the trademark or name of
another, material required to be tested and approved under section 3306 of this title or a regulation prescribed under section 3306.

§ 3318

TITLE 46—SHIPPING

(g) A person is liable to the Government for a
civil penalty of not more than $5,000, if the person—
(1) interferes with the inspection of a nautical school vessel;
(2) violates a regulation prescribed for a nautical school vessel;
(3) is an owner of a nautical school vessel operated in violation of this part; or
(4) is an officer or member of the board of directors of a school, organization, association,
partnership, or corporation owning a nautical
school vessel operated in violation of a regulation prescribed for a nautical school vessel.
(h) An owner, charterer, managing operator,
agent, master, or individual in charge of a vessel
that fails to give the notice required by section
3304(b) of this title is liable to the Government
for a civil penalty of not more than $1,000. The
vessel also is liable in rem for the penalty.
(i) A person violating section 3309(c) of this
title is liable to the Government for a civil penalty of not more than $1,000.
(j)(1) An owner, charterer, managing operator,
agent, master, or individual in charge of a vessel
required to be inspected under this chapter operating the vessel without the certificate of inspection is liable to the Government for a civil
penalty of not more than $10,000 for each day
during which the violation occurs, except when
the violation involves operation of a vessel of
less than 1,600 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, the penalty is not more than $2,000 for
each day during which the violation occurs. The
vessel also is liable in rem for the penalty.
(2) A person is not liable for a penalty under
this subsection if—
(A) the owner, charterer, managing operator,
agent, master, or individual in charge of the
vessel has notified the Secretary under section
3309(c) of this title;
(B) the owner, charterer, managing operator,
agent, master, or individual in charge of the
vessel has complied with all other directions
and requirements for obtaining an inspection
under this part; and
(C) the Secretary believes that unforeseen
circumstances exist so that it is not feasible
to conduct a scheduled inspection before the
expiration of the certificate of inspection.
(k) The owner, charterer, managing operator,
agent, master, or individual in charge of a vessel
failing to comply with a direction issued by the
Secretary under section 3311(b) of this title is
liable to the Government for a civil penalty of
not more than $10,000 for each day during which
the violation occurs. The vessel also is liable in
rem for the penalty.
(l) A person committing an act described by
subsections (b)–(f) of this section is liable to the
Government for a civil penalty of not more than
$5,000. If the violation involves the operation of
a vessel, the vessel also is liable in rem for the
penalty.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 517; Pub. L.
98–498, title II, § 211(c), Oct. 19, 1984, 98 Stat. 2304;
Pub. L. 99–307, § 1(6), May 19, 1986, 100 Stat. 445;

Page 62

Pub. L. 101–380, title IV, § 4302(b), Aug. 18, 1990,
104 Stat. 538; Pub. L. 104–324, title III, § 310, title
VII, § 713, Oct. 19, 1996, 110 Stat. 3919, 3936; Pub.
L. 109–304, § 15(13), Oct. 6, 2006, 120 Stat. 1703.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

3318 ..............................................

46:369(e)
46:390d
46:398
46:403
46:407
46:408
46:410
46:413
46:436
46:481(d)
46:1295f(d)(2), (3)

Section 3318 provides for a number of specific civil
and criminal penalties.
AMENDMENTS
2006—Subsec. (f). Pub. L. 109–304 struck out period
after ‘‘felony’’.
1996—Subsec. (a). Pub. L. 104–324, § 713(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 ‘‘100 gross tons’’.
Subsec. (b)(1). Pub. L. 104–324, § 310, designated existing provisions as par. (1) and added par. (2).
Subsec. (j)(1). Pub. L. 104–324, § 713(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 ‘‘1,600 gross tons’’.
1990—Subsec. (b). Pub. L. 101–380, § 4302(b)(1), substituted ‘‘commits a class D felony’’ for ‘‘shall be fined
not more than $10,000, imprisoned for not more than 5
years, or both’’.
Subsec. (c). Pub. L. 101–380, § 4302(b)(2), substituted
‘‘commits a class D felony’’ for ‘‘shall be fined not more
than $5,000, imprisoned for not more than 5 years, or
both’’.
Subsec. (d). Pub. L. 101–380, § 4302(b)(3), substituted
‘‘commits a class D felony’’ for ‘‘shall be fined not more
than $5,000, imprisoned for not more than 5 years, or
both’’.
Subsec. (e). Pub. L. 101–380, § 4302(b)(4), substituted
‘‘commits a class A misdemeanor’’ for ‘‘shall be fined
not more than $10,000, imprisoned for not more than 2
years, or both’’.
Subsec. (f). Pub. L. 101–380, § 4302(b)(5), substituted
‘‘commits a class D felony.’’ for ‘‘shall be fined not less
than $1,000 but not more than $10,000, and imprisoned
for not less than 2 years but not more than 5 years,’’.
1986—Subsec. (f). Pub. L. 99–307 in provision preceding
par. (1) substituted ‘‘than’’ for ‘‘then’’ in two places.
1984—Subsec. (a). Pub. L. 98–498, § 211(c)(1), substituted ‘‘Except as otherwise provided in this part,
the’’ for ‘‘The’’ and ‘‘not more than $5,000’’ for ‘‘$1,000,
except that when the violation involves operation of a
barge, the penalty is $500’’.
Subsec. (c). Pub. L. 98–498, § 211(c)(2), substituted
‘‘$5,000’’ for ‘‘$2,000’’.
Subsec. (d). Pub. L. 98–498, § 211(c)(3), substituted
‘‘$5,000’’ for ‘‘$2,000’’.
Subsec. (e). Pub. L. 98–498, § 211(c)(4), substituted
‘‘$10,000’’ for ‘‘$2,000’’.
Subsec. (f). Pub. L. 98–498, § 211(c)(5), substituted
‘‘$10,000’’ for ‘‘$5,000’’.
Subsec. (g). Pub. L. 98–498, § 211(c)(6), substituted ‘‘is
liable to the Government for a civil penalty of not
more than $5,000’’ for ‘‘shall be fined not more than
$10,000, imprisoned for not more than one year, or
both’’.
Subsec. (h). Pub. L. 98–498, § 211(c)(7), substituted
‘‘Government for a civil penalty of not more than
$1,000.’’ for ‘‘United States Government for a civil penalty of not more than $500.’’

Page 63

Subsecs. (i) to (l). Pub. L. 98–498, § 211(c)(8), added subsecs. (i) to (l).
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–380 applicable to incidents
occurring after Aug. 18, 1990, see section 1020 of Pub. L.
101–380, set out as an Effective Date note under section
2701 of Title 33, Navigation and Navigable Waters.
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.

CHAPTER 35—CARRIAGE OF PASSENGERS
Sec.

3501.
3502.
3503.
3504.
3505.
3506.
3507.
3508.

§ 3502

TITLE 46—SHIPPING

Number of passengers.
List or count of passengers.
Fire-retardant materials.
Notification to passengers.
Prevention of departure.
Copies of laws.
Passenger vessel security and safety requirements.
Crime scene preservation training for passenger vessel crewmembers.
HISTORICAL AND REVISION NOTES

Chapter 35 consolidates the laws that have specific
application to the carriage of passengers. They provide
special provisions for listing and counting the number
of passengers on board a vessel, for notifying the general public of the safety standards that are applicable,
and for related control measures.
AMENDMENTS
2016—Pub. L. 114–120, title III, § 306(a)(3), Feb. 8, 2016,
130 Stat. 54, inserted a period at end of items 3507 and
3508.
2010—Pub. L. 111–207, § 3(b), July 27, 2010, 124 Stat.
2251, added items 3507 and 3508.

§ 3501. Number of passengers
(a) Each certificate of inspection issued to a
vessel carrying passengers (except a ferry) shall
include a statement on the number of passengers that the vessel is permitted to carry.
(b) The owner, charterer, managing operator,
agent, master, or individual in charge of a vessel
is liable to a person suing them for carrying
more passengers than the number of passengers
permitted by the certificate of inspection in an
amount equal to—
(1) passage money; and
(2) $100 for each passenger in excess of the
number of passengers permitted.
(c) An owner, charterer, managing operator,
agent, master, or individual in charge of a vessel
that knowingly carries more passengers than
the number of passengers permitted by the certificate of inspection also shall be fined not
more than $100, imprisoned for not more than 30
days, or both.
(d) The vessel also is liable in rem for a penalty under this section.
(e) An offshore supply vessel may not carry
passengers except in an emergency.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 519; Pub. L.
99–36, § 1(a)(2), May 15, 1985, 99 Stat. 67.)
HISTORICAL AND REVISION NOTES
Revised section
3501 ..............................................

Source section (U.S. Code)
46:404–1
46:451
46:452
46:462

Section 3501 requires that a vessel carrying passengers, including a passenger vessel as well as a small
passenger vessel (except a ferry), shall have on the certificate of inspection a statement as to the number of
passengers the vessel is permitted to carry. It also provides penalties for carrying passengers in excess of the
number permitted.
AMENDMENTS
1985—Subsec. (a). Pub. L. 99–36, § 1(a)(2)(A), struck out
the comma after ‘‘(except a ferry)’’.
Subsec. (c). Pub. L. 99–36, § 1(a)(2)(B), substituted
‘‘carries more passengers than the number of passengers permitted by the certificate of inspection’’ for
‘‘violates subsection (b) of this section’’.
EFFECTIVE DATE
Chapter 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.

§ 3502. List or count of passengers
(a) The owner, charterer, managing operator,
master, or individual in charge of the following
categories of vessels carrying passengers shall
keep a correct list of passengers received and delivered from day to day:
(1) vessels arriving from foreign ports (except at United States Great Lakes ports from
Canadian Great Lakes ports).
(2) seagoing vessels in the coastwise trade.
(3) passenger vessels making voyages of
more than 300 miles on the Great Lakes except
from a Canadian to a United States port.
(b) The master of a vessel carrying passengers
(except a vessel listed in subsection (a) of this
section) shall keep a correct count of all passengers received and delivered.
(c) Lists and counts required under this section shall be open to the inspection of designated officials of the Coast Guard and the Customs Service at all times. The total number of
passengers shall be provided to the Coast Guard
when requested.
(d) This section applies to a foreign vessel arriving at a United States port.
(e) The owner, charterer, managing operator,
master, or individual in charge of a passenger
vessel failing to make a list or count of passengers as required by this section is liable to
the United States Government for a civil penalty of $100. The vessel also is liable in rem for
the penalty.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 519.)
HISTORICAL AND REVISION NOTES
Revised section
3502 ..............................................

Source section (U.S. Code)
46:460
46:460a
46:461
46:462

Section 3502 is related to section 3501 and requires the
listing or counting of passengers on certain vessels.
This requirement applies to large as well as small passenger vessels when operating on the types of voyages
enumerated. This section also applies to a foreign vessel arriving at a port or place in the United States.
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 relat-