1625-0002 Stat/Authority

Page 509

§ 3309

TITLE 46—SHIPPING

(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

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.

Source section (U.S. Code)

3307(1) .................................. 46:391(c)
46:1295f(c)
3307(2) .................................. 46:390a(a)
46:404–1(6)(i)
3307(3) .................................. 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.

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—
(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

(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

2010—Subsec. (d). Pub. L. 111–281 added subsec. (d).
1996—Subsec. (c). Pub. L. 104–324 struck out “(but not
more than 60 days)” after “30 days” in introductory provisions.
1984—Subsec. (c). Pub. L. 98–498 added subsec. (c).
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–498 effective 180 days after
Oct. 19, 1984, see section 214 of Pub. L. 98–498, set out as
an Effective Date note under section 2306 of this title.

§ 3310

TITLE 46—SHIPPING
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
The Secretary shall keep records of certificates
of inspection of vessels and of all acts in the examination and inspection of vessels, whether of
approval or disapproval.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 515.)
Historical and Revision Notes
Revised section

Page 510

vessel. When it is not practicable to so display
the certificate, it shall be carried in the manner
prescribed by regulation.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 515.)
Historical and Revision Notes
Revised section

Source section (U.S. Code)

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

Source section (U.S. Code)

Effective Date
3310 ..................................... 46:414

Section 3310 contains the requirement for maintaining
inspection records.
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.

§ 3311. Certificate of inspection required
(a) Except as provided in subsection (b), a vessel subject to inspection under this part may not
be operated without having on board a certificate
of inspection issued under section 3309 of this title.
(b) The Secretary may direct the owner, charterer, managing operator, agent, master, or individual in charge of a vessel subject to inspection
under this chapter and not having on board a certificate of inspection—
(1) to have the vessel proceed to mooring and
remain there until a certificate of inspection is
issued;
(2) to take immediate steps necessary for the
safety of the vessel, individuals on board the
vessel, or the environment; or
(3) to have the vessel proceed to a place to
make repairs necessary to obtain a certificate
of inspection.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 515; Pub. L.
98–498, title II, § 211(b), Oct. 19, 1984, 98 Stat. 2304.)
Historical and Revision Notes
Revised section

Source section (U.S. Code)

3311 ..................................... 46:390c
46:395
46:399

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

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.

§ 3313. Compliance with certificate of inspection
(a) During the term of a vessel’s certificate of
inspection, the vessel must be in compliance with
its conditions, unless relieved by a suspension or
an exemption granted under section 3306(e) of this
title.
(b) When a vessel is not in compliance with its
certificate or fails to meet a standard prescribed
by this part or a regulation prescribed under this
part—
(1) the owner, charterer, managing operator,
agent, master, or individual in charge shall be
ordered in writing to correct the noted deficiencies promptly;
(2) the Secretary may permit any repairs to
be made at a place most convenient to the owner,
charterer, or managing operator when the Secretary decides the repairs can be made with
safety to those on board and the vessel;
(3) the vessel may be required to cease operating at once; and
(4) if necessary, the certificate shall be suspended or revoked.
(c) The vessel’s certificate of inspection shall be
revoked if a condition unsafe to life that is ordered to be corrected under this section is not
corrected at once.
(d) The owner, charterer, managing operator,
agent, master, or individual in charge of a vessel
whose certificate has been suspended or revoked
shall be given written notice immediately of the
suspension or revocation. The owner or master
may appeal to the Secretary the suspension or
revocation within 30 days of receiving the notice,
as provided by regulations prescribed by the Secretary.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 515.)
Historical and Revision Notes
Revised section

Source section (U.S. Code)

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