1625-0057 Stat/Authority

Page 517

§ 3503

TITLE 46—SHIPPING
Historical and Revision Notes

Revised section

Source section (U.S. Code)

3501 ..................................... 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

Source section (U.S. Code)

3502 ..................................... 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 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.
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related
references, see sections 203(1), 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.
For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as
if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L.
114–125, and section 802(b) of Pub. L. 114–125, set out as a
note under section 211 of Title 6.

§ 3503. Fire-retardant materials
(a)(1) A passenger vessel of the United States
having berth or stateroom accommodations for at
least 50 passengers shall be granted a certificate
of inspection only if—
(A) the vessel is constructed of fire-retardant
materials; and
(B) the vessel—
(i) is operating engines, boilers, main electrical distribution panels, fuel tanks, oil tanks,
and generators that meet current Coast Guard
regulations; and
(ii) is operating boilers and main electrical
generators that are contained within noncombustible enclosures equipped with fire suppression systems.
(2) Before December 1, 2028, this subsection does
not apply to any vessel in operation before January 1, 1968, and operating only within the Boundary Line.
(b)(1) The owner or managing operator of an exempted vessel described in subsection (a)(2) shall—
(A) notify in writing prospective passengers,
prior to purchase, and each crew member that
the vessel does not comply with applicable fire
safety standards due primarily to the wooden
construction of passenger berthing areas;
(B) display in clearly legible font prominently
throughout the vessel, including in each state
room the following: “THIS VESSEL FAILS TO
COMPLY WITH SAFETY RULES AND REGULATIONS OF THE U.S. COAST GUARD.”;
(C) acquire prior to the vessel entering service, and maintain, liability insurance in an amount
to be prescribed by the Federal Maritime Commission;
(D) make annual structural alteration to not
less than 10 percent of the areas of the vessel
that are not constructed of fire retardant materials;
(E) prioritize alterations in galleys, engineering areas of the vessel, including all spaces and
compartments containing, or adjacent to spaces
and compartments containing, engines, boilers,
main electrical distribution panels, fuel tanks,
oil tanks, and generators;