1625-0081 Stat/Authority

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TITLE 46—SHIPPING

Statutory Notes and Related Subsidiaries
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, including covered
small passenger vessels (as defined in subsection
(n)(5)), 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, including rechargeable
devices utilized for personal or commercial
electronic equipment.
(b)(1) Equipment and material subject to regulation under this section may not be used on any
vessel without prior approval of the Secretary.
(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

§ 3306

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
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

§ 3306

TITLE 46—SHIPPING

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.
(n) COVERED SMALL PASSENGER VESSELS.—
(1) REGULATIONS.—The Secretary shall prescribe additional regulations to secure the
safety of individuals and property on board
covered small passenger vessels.
(2) COMPREHENSIVE REVIEW.—In order to prescribe the regulations under paragraph (1), the
Secretary shall conduct a comprehensive review of all requirements (including calculations), in existence on the date of enactment
of the Elijah E. Cummings Coast Guard Authorization Act of 2020, that apply to covered
small passenger vessels, with respect to fire
detection, protection, and suppression systems, and avenues of egress, on board such
vessels.
(3) REQUIREMENTS.—
(A) IN GENERAL.—Subject to subparagraph
(B), the regulations prescribed under paragraph (1) shall include, with respect to covered small passenger vessels, regulations
for—
(i) marine firefighting training programs
to improve crewmember training and proficiency, including emergency egress training for each member of the crew, to occur
for all members on the crew—
(I) at least monthly while such members are employed on board the vessel;
and
(II) each time a new crewmember joins
the crew of such vessel;
(ii) in all areas on board the vessel where
passengers and crew have access, including
dining areas, sleeping quarters, and
lounges—
(I) interconnected fire detection equipment, including audible and visual
alarms; and
(II) additional fire extinguishers and
other firefighting equipment;

Page 56

(iii) the installation and use of monitoring devices to ensure the wakefulness of
the required night watch;
(iv) increased fire detection and suppression systems (including additional fire extinguishers) on board such vessels in unmanned areas with machinery or areas
with other potential heat sources;
(v) all general areas accessible to passengers to have no less than 2 independent
avenues of escape that are—
(I) constructed and arranged to allow
for free and unobstructed egress from
such areas;
(II) located so that if one avenue of escape is not available, another avenue of
escape is available; and
(III) not located directly above, or dependent on, a berth;
(vi) the handling, storage, and operation
of flammable items, such as rechargeable
batteries, including lithium ion batteries
utilized for commercial purposes on board
such vessels;
(vii) passenger emergency egress drills
for all areas on the vessel to which passengers have access, which shall occur
prior to the vessel beginning each excursion; and
(viii) all passengers to be provided a copy
of the emergency egress plan for the vessel.
(B) APPLICABILITY TO CERTAIN COVERED
PASSENGER VESSELS.—The requirements described in clauses (iii), (v), (vii), and
(viii) of subparagraph (A) shall only apply to
a covered small passenger vessel that has
overnight passenger accommodations.

SMALL

(4) INTERIM REQUIREMENTS.—
(A) INTERIM REQUIREMENTS.—The Secretary shall, prior to issuing final regulations under paragraph (1), implement interim requirements to enforce the requirements under paragraph (3).
(B) IMPLEMENTATION.—The Secretary shall
implement the interim requirements under
subparagraph (A) without regard to chapters
5 and 6 of title 5 and Executive Order Nos.
12866 and 13563 (5 U.S.C. 601 note; relating to
regulatory planning and review and relating
to improving regulation and regulatory review).
(5) DEFINITION OF COVERED SMALL PASSENGER
VESSEL.—In this subsection, the term ‘‘covered
small passenger vessel’’—
(A) except as provided in subparagraph (B),
means a small passenger vessel (as defined in
section 2101) that—
(i) has overnight passenger accommodations; or
(ii) is operating on a coastwise or oceans
route; and
(B) does not include a ferry (as defined in
section 2101) or fishing vessel (as defined in
section 2101).
(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

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§ 3306

TITLE 46—SHIPPING

Stat. 2442; Pub. L. 104–324, title VI, § 604(a), (c),
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; Pub. L. 116–283, div.
G, title LVXXXIV [LXXXIV], § 8441(a), Jan. 1,
2021, 134 Stat. 4742.)
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.
Editorial Notes
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.
The date of enactment of the Elijah E. Cummings
Coast Guard Authorization Act of 2020, referred to in
subsec. (n)(2), is the date of enactment of div. G of Pub.
L. 116–283, which was approved Jan. 1, 2021.
AMENDMENTS
2021—Subsec. (a). Pub. L. 116–283, § 8441(a)(1)(A), inserted ‘‘, including covered small passenger vessels (as
defined in subsection (n)(5))’’ after ‘‘vessels subject to
inspection’’ in introductory provisions.
Subsec. (a)(5). Pub. L. 116–283, § 8441(a)(1)(B), inserted
‘‘, including rechargeable devices utilized for personal
or commercial electronic equipment’’ before period at
end.
Subsec. (n). Pub. L. 116–283, § 8441(a)(2), added subsec.
(n).
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’’.
1993—Subsecs. (h), (i). Pub. L. 103–206 added subsecs.
(h) and (i).
1984—Subsec. (g). Pub. L. 98–364 added subsec. (g).
Statutory Notes and Related Subsidiaries
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.]
OIL SPILL RESPONSE; EXCEPTIONS TO REGULATIONS FOR
TOWING VESSELS
Pub. L. 117–263, div. K, title CXIII, § 11316, Dec. 23,
2022, 136 Stat. 4089, provided that:
‘‘(a) IN GENERAL.—Not later than 180 days after the
date of enactment of this Act [Dec. 23, 2022], the Secretary shall review existing Coast Guard policies with
respect to exceptions to the applicability of subchapter
M of chapter I of title 46, Code of Federal Regulations
(or successor regulations), for—
‘‘(1) an oil spill response vessel, or a vessel of opportunity, while such vessel is—

§ 3306

TITLE 46—SHIPPING

‘‘(A) towing boom for oil spill response; or
‘‘(B) participating in an oil response exercise; and
‘‘(2) a fishing vessel while that vessel is operating
as a vessel of opportunity.
‘‘(b) POLICY.—Not later than 180 days after the conclusion of the review required under subsection (a), the
Secretary shall revise or issue any necessary policy to
clarify the applicability of subchapter M of chapter I of
title 46, Code of Federal Regulations (or successor regulations) to the vessels described in subsection (a). Such
a policy shall ensure safe and effective operation of
such vessels.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) FISHING VESSEL; OIL SPILL RESPONSE VESSEL.—
The terms ‘fishing vessel’ and ‘oil spill response vessel’ have the meanings given such terms in section
2101 of title 46, United States Code.
‘‘(2) VESSEL OF OPPORTUNITY.—The term ‘vessel of
opportunity’ means a vessel engaged in spill response
activities that is normally and substantially involved
in activities other than spill response and not a vessel carrying oil as a primary cargo.’’
[For definition of ‘‘Secretary’’ as used in section 11316
of Pub. L. 117–263, set out above, see section 11002 of
Pub. L. 117–263, set out as a note under section 106 of
Title 14, Coast Guard.]
REQUIREMENTS FOR DUKW AMPHIBIOUS PASSENGER
VESSELS
Pub. L. 117–263, div. K, title CXV, § 11502, Dec. 23, 2022,
136 Stat. 4127, provided that:
‘‘(a) RULEMAKING REQUIRED.—
‘‘(1) IN GENERAL.—Not later than 6 months after the
date of enactment of this Act [Dec. 23, 2022], the Commandant [of the Coast Guard] shall initiate a rulemaking to establish additional safety standards for
DUKW amphibious passenger vessels.
‘‘(2) DEADLINE FOR REGULATIONS.—The regulations
issued under paragraph (1) shall take effect not later
than 18 months after the Commandant promulgates a
final rule pursuant to such paragraph.
‘‘(b) REQUIREMENTS.—The regulations required under
subsection (a) shall include the following:
‘‘(1) A requirement that operators of DUKW amphibious passenger vessels provide reserve buoyancy
for such vessels through passive means, including watertight compartmentalization, built-in flotation, or
such other means as determined appropriate by the
Commandant, in order to ensure that such vessels remain afloat and upright in the event of flooding, including when carrying a full complement of passengers and crew.
‘‘(2) An identification, in consultation with the
Under Secretary of Commerce for Oceans and Atmosphere, of limiting environmental conditions, such as
weather, in which DUKW amphibious passenger vessels may safely operate and a requirement that such
limiting conditions be described in the certificate of
inspection of each DUKW amphibious passenger vessel.
‘‘(3) Requirements that an operator of a DUKW amphibious passenger vessel—
‘‘(A) proceed to the nearest harbor or safe refuge
in any case in which a watch or warning is issued
for wind speeds exceeding the wind speed equivalent
used to certify the stability of such DUKW amphibious passenger vessel; and
‘‘(B) maintain and monitor a weather monitor
radio receiver at the operator station of the vessel
that is automatically activated by the warning
alarm device of the National Weather Service.
‘‘(4) A requirement that—
‘‘(A) operators of DUKW amphibious passenger
vessels inform passengers that seat belts may not
be worn during waterborne operations;
‘‘(B) before the commencement of waterborne operations, a crew member shall visually check that
the seatbelt of each passenger is unbuckled; and
‘‘(C) operators or crew maintain a log recording
the actions described in subparagraphs (A) and (B).

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‘‘(5) A requirement for annual training for operators and crew of DUKW amphibious passenger vessels,
including—
‘‘(A) training for personal flotation and seat belt
requirements, verifying the integrity of the vessel
at the onset of each waterborne departure, identification of weather hazards, and use of National
Weather Service resources prior to operation; and
‘‘(B) training for crew to respond to emergency
situations, including flooding, engine compartment
fires, man-overboard situations, and in water emergency egress procedures.
‘‘(c) CONSIDERATION.—In issuing the regulations required under subsection (a), the Commandant shall
consider whether personal flotation devices should be
required for the duration of the waterborne transit of
a DUKW amphibious passenger vessel.
‘‘(d) WAIVER.—The Commandant may waive the reserve buoyancy requirements described in subsection
(b)(1) for a DUKW amphibious passenger vessel if the
Commandant certifies in writing, using the best available science, to the appropriate congressional committees that such requirement is not practicable or technically or practically achievable for such vessel.
‘‘(e) NOTICE TO PASSENGERS.—A DUKW amphibious
passenger vessel that receives a waiver under subsection (d) shall provide a prominently displayed notice
on its website, ticket counter, and each ticket for passengers that the vessel is exempt from meeting Coast
Guard safety compliance standards concerning reserve
buoyancy.
‘‘(f) INTERIM REQUIREMENTS.—Prior to issuing final
regulations pursuant to subsection (a) and not later
than 180 days after the date of enactment of this Act
[Dec. 23, 2022], the Commandant shall require that operators of DUKW amphibious passenger vessels implement the following requirements:
‘‘(1) Remove the canopies and any window coverings
of such vessels for waterborne operations, or install
in such vessels a canopy that does not restrict horizontal or vertical escape by passengers in the event of
flooding or sinking.
‘‘(2) If a canopy and window coverings are removed
from any such vessel pursuant to paragraph (1), require that all passengers wear a personal flotation device approved by the Coast Guard before the onset of
waterborne operations of such vessel.
‘‘(3) Reengineer such vessels to permanently close
all unnecessary access plugs and reduce all throughhull penetrations to the minimum number and size
necessary for operation.
‘‘(4) Install in such vessels independently powered
electric bilge pumps that are capable of dewatering
such vessels at the volume of the largest remaining
penetration in order to supplement an operable Higgins pump or a dewatering pump of equivalent or
greater capacity.
‘‘(5) Install in such vessels not fewer than 4 independently powered bilge alarms.
‘‘(6) Conduct an in-water inspection of any such
vessel after each time a through-hull penetration of
such vessel has been removed or uncovered.
‘‘(7) Verify through an in-water inspection the watertight integrity of any such vessel at the outset of
each waterborne departure of such vessel.
‘‘(8) Install underwater LED lights that activate
automatically in an emergency.
‘‘(9) Otherwise comply with any other provisions of
relevant Coast Guard guidance or instructions in the
inspection, configuration, and operation of such vessels.
‘‘(g) IMPLEMENTATION.—The Commandant shall implement the interim requirements under subsection (f)
without regard to chapters 5 and 6 of title 5, United
States Code, and Executive Order Nos. 12866 and 13563 (5
U.S.C. 601 note).
‘‘(h) DEFINITIONS.—In this section:
‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The
term ‘appropriate congressional committees’ means
the Committee Transportation and Infrastructure of

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§ 3306

TITLE 46—SHIPPING

the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
‘‘(2) DUKW AMPHIBIOUS PASSENGER VESSEL.—The
term ‘DUKW amphibious passenger vessel’ means a
vessel that uses, modifies, or is derived from the GMC
DUKW–353 design, and which is operating as a small
passenger vessel in waters subject to the jurisdiction
of the United States, as defined in section 2.38 of title
33, Code of Federal Regulations (or a successor regulation).’’
HISTORIC WOOD SAILING VESSELS
Pub. L. 117–263, div. K, title CXV, § 11505, Dec. 23, 2022,
136 Stat. 4134, provided that:
‘‘(a) REPORT ON HISTORIC WOOD SAILING VESSELS.—
‘‘(1) IN GENERAL.—Not later than 1 year after the
date of enactment of this Act [Dec. 23, 2022], the
Comptroller General of the United States shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report evaluating the practicability of the application of section 3306(n)(3)(A)(v) of
title 46, United States Code, to historic wood sailing
vessels.
‘‘(2) ELEMENTS.—The report required under paragraph (1) shall include the following:
‘‘(A) An assessment of the compliance, as of the
date on which the report is submitted under paragraph (1), of historic wood sailing vessels with section 3306(n)(3)(A)(v) of title 46, United States Code.
‘‘(B) An assessment of the safety record of historic wood sailing vessels.
‘‘(C) An assessment of any risk that modifying
the requirements under such section would have on
the safety of passengers and crew of historic wood
sailing vessels.
‘‘(D) An evaluation of the economic practicability
of requiring the compliance of historic wood sailing
vessels with such section and whether such compliance would meaningfully improve safety of passengers and crew in a manner that is both feasible
and economically practicable.
‘‘(E) Any recommendations to improve safety in
addition to, or in lieu of, applying such section to
historic wood sailing vessels.
‘‘(F) Any other recommendations as the Comptroller General determines are appropriate with respect to the applicability of such section to historic
wood sailing vessels.
‘‘(G) An assessment to determine if historic wood
sailing vessels could be provided an exemption to
such section and the changes to legislative or rulemaking requirements, including modifications to
section 177.500(q) of title 46, Code of Federal Regulations (as in effect on the date of enactment of this
Act [Dec. 23, 2022]), that are necessary to provide
the Commandant [of the Coast Guard] the authority to make such exemption or to otherwise provide
for such exemption.
‘‘(b) CONSULTATION.—In completing the report required under subsection (a), the Comptroller General
may consult with—
‘‘(1) the National Transportation Safety Board;
‘‘(2) the Coast Guard; and
‘‘(3) the maritime industry, including relevant federally funded research institutions, nongovernmental
organizations, and academia.
‘‘(c) WAIVER FOR COVERED HISTORIC VESSELS.—The
captain of a port may waive the requirements of section 3306(n)(3)(A)(v) of title 46, United States Code, with
respect to covered historic vessels for not more than 2
years after the date on which the report required under
subsection (a) is submitted.
‘‘(d) WAIVER FOR OTHER HISTORIC WOOD SAILING VESSELS.—
‘‘(1) IN GENERAL.—The captain of a port may, upon
the request of the owner or operator of a historic
wood sailing vessel that is not a covered historic ves-

sel, waive the requirements of section 3306(n)(3)(A)(v)
of title 46, United States Code, with respect to the
historic wood sailing vessel for not more than 2 years
after date on which the report required under subsection (a) is submitted, if the captain of the port—
‘‘(A) determines that it is technically infeasible
for the historic wood sailing vessel to comply with
the
requirements
described
in
section
3306(n)(3)(A)(v) of title 46, United States Code, due
to its age; and
‘‘(B) approves the alternative arrangements proposed for the historic wood sailing vessel in accordance with paragraph (2).
‘‘(2) REQUEST AND ALTERNATIVE ARRANGEMENTS.—An
owner or operator of a historic wood sailing vessel requesting a waiver under paragraph (1) shall submit
such a request to the captain of a port that includes
the alternative arrangements the owner or operator
will take to ensure an equivalent level of safety, to
the maximum extent practicable, to the requirements under section 3306(n)(3)(A)(v) of title 46, United
States Code.
‘‘(e) SAVINGS CLAUSE.—Nothing in this section shall
limit any authority available, as of the date of enactment of this Act [Dec. 23, 2022], to the captain of a port
with respect to safety measures or any other authority
as necessary for the safety of historic wood sailing vessels.
‘‘(f) NOTICE TO PASSENGERS.—Any vessel that receives
a waiver under subsection (c) or subsection (d) shall,
beginning on the date on which the requirements under
section 3306(n)(3)(v) of title 46, United States Code, take
effect, provide a prominently displayed notice on its
website, ticket counter, and each ticket for a passenger
that the vessel is exempt from meeting the Coast
Guard safety compliance standards concerning egress
as described under such section.
‘‘(g) DEFINITIONS.—In this section:
‘‘(1) COVERED HISTORIC VESSELS.—The term ‘covered
historic vessels’ means each of the following:
‘‘(A) Adventuress (Official Number 210877).
‘‘(B) American Eagle (Official Number 229913).
‘‘(C) Angelique (Official Number 623562).
‘‘(D) Heritage (Official Number 649561).
‘‘(E) J & E Riggin (Official Number 226422).
‘‘(F) Ladona (Official Number 222228).
‘‘(G) Lady Washington (Official Number 944970).
‘‘(H) Lettie G. Howard (Official Number 222838).
‘‘(I) Lewis R. French (Official Number 015801).
‘‘(J) Mary Day (Official Number 288714).
‘‘(K) Stephen Taber (Official Number 115409).
‘‘(L) Victory Chimes (Official Number 136784).
‘‘(M) Grace Bailey (Official Number 085754).
‘‘(N) Mercantile (Official Number 214388).
‘‘(O) Mistress (Official Number 509004).
‘‘(P) Wendameen (Official Number 210173).
‘‘(2) HISTORIC WOOD SAILING VESSEL.—The term ‘historic wood sailing vessel’ means a covered small passenger vessel, as defined in section 3306(n)(5) of title
46, United States Code, that—
‘‘(A) has overnight passenger accommodations;
‘‘(B) is a wood sailing vessel;
‘‘(C) has a hull constructed of wood;
‘‘(D) is principally equipped for propulsion by sail,
even if the vessel has an auxiliary means of production;
‘‘(E) has no fewer than three masts; and
‘‘(F) was constructed before 1986.’’
ALCOHOL AT SEA
Pub. L. 117–263, div. K, title CXVI, § 11606, Dec. 23,
2022, 136 Stat. 4149, provided that:
‘‘(a) IN GENERAL.—The Commandant [of the Coast
Guard] shall seek to enter into an agreement with the
National Academy of Sciences not later than 1 year
after the date of enactment of this Act [Dec. 23, 2022]
under which the National Academy of Sciences shall
prepare an assessment to determine safe levels of alcohol consumption and possession by crew members
aboard vessels of the United States engaged in commer-

§ 3307

TITLE 46—SHIPPING

cial service, except when such possession is associated
with the commercial sale to individuals aboard the vessel who are not crew members.
‘‘(b) ASSESSMENT.—The assessment prepared pursuant
to subsection (a) shall—
‘‘(1) take into account the safety and security of
every individual on the vessel;
‘‘(2) take into account reported incidences of sexual
harassment or sexual assault, as defined in section
2101 of title 46, United States Code; and
‘‘(3) provide any appropriate recommendations for
any changes to laws, regulations, or employer policies.
‘‘(c) SUBMISSION.—Upon completion of the assessment
under this section, the National Academy of Sciences
shall submit to the Committee on Commerce, Science,
and Transportation of the Senate, the Committee on
Transportation and Infrastructure of the House of Representatives, the Commandant, and the Secretary the
assessment prepared pursuant to subsection (a).
‘‘(d) REGULATIONS.—The Commandant—
‘‘(1) shall, not later than 180 days after receiving
the submission of the assessment under subsection
(c), review the changes to regulations recommended
in such assessment; and
‘‘(2) taking into account the safety and security of
every individual on vessels of the United States engaged in commercial service, may issue regulations
relating to alcohol consumption on such vessels.
‘‘(e) SAVINGS CLAUSE.—To the extent the Commandant issues regulations establishing safe levels of
alcohol consumption in accordance with subsection (d),
the Commandant may not issue regulations which prohibit—
‘‘(1) the owner or operator of a vessel from imposing
additional restrictions on the consumption of alcohol, including the prohibition of the consumption of
alcohol on such vessels; and
‘‘(2) possession of alcohol associated with the commercial sale to individuals aboard the vessel who are
not crew members.
‘‘(f) REPORT REQUIRED.—If, by the date that is 2 years
after the receipt of the assessment under subsection (c),
the Commandant does not issue regulations under subsection (d), the Commandant shall provide a report by
such date to the committees described in subsection
(c)—
‘‘(1) containing the rationale for not issuing such
regulations; and
‘‘(2) providing other recommendations as necessary
to ensure safety at sea.’’
[For definition of ‘‘Secretary’’ as used in section 11606
of Pub. L. 117–263, set out above, see section 11002 of
Pub. L. 117–263, set out as a note under section 106 of
Title 14, Coast Guard.]
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.’’

Page 60
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
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
3307(1) ..........................................
3307(2) ..........................................
3307(3) ..........................................

Source section (U.S. Code)
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.