US (United States) Code. Title 46. Subtitle II. Part B. Chapter 41: Uninspected vessels generally

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Shipping

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-CITE-

46 USC CHAPTER 41 - UNINSPECTED VESSELS GENERALLY 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 41 - UNINSPECTED VESSELS GENERALLY

-HEAD-

CHAPTER 41 - UNINSPECTED VESSELS GENERALLY

-MISC1-

Sec.

4101. Application.

4102. Safety equipment.

4103. Exemptions.

[4104. Repealed.]

4105. Uninspected passenger vessels.

4106. Penalties.

HISTORICAL AND REVISION NOTES

Chapter 41 applies to vessels that are not subject to inspection

and certification under chapter 33.

The Federal authority to regulate uninspected vessels originated

with the Motorboat Act of 1910 (Public Law 61-201, 36 Stat. 462)

when Congress established standards with respect to navigation

lights, machinery requirements, life preservers, and for the

licensing of operators on small vessels carrying passengers. This

was an extension of Federal regulatory authority over certain

non-steam-propelled vessels, that is, those recreational vessels

and commercial vessels that are propelled by machinery other than

steam.

Thirty years later, the 1910 Act was amended by the Motorboat Act

of 1940 (Public Law 76-484, 54 Stat. 163), which added to the

equipment that was required and provided for other regulatory

controls. In this manner the Federal Government continued to

exercise some degree of maritime safety supervision over the

commercial and recreational vessel sector that was "uninspected".

This was important because steam towing vessels were coverting to

diesel propulsion and were therefore no longer subject to the

detailed periodic and extensive hull, machinery, and equipment

inspections of a Federal agency. In addition, the number of

recreational vessels primarily propelled by gasoline were

increasing and were also suffering casualties from explosions and

fires.

AMENDMENTS

1990 - Pub. L. 101-595, title VI, Sec. 603(3)(B), Nov. 16, 1990,

104 Stat. 2993, struck out item 4104 "Regulations".

1984 - Pub. L. 98-364, title IV, Sec. 402(7)(B), July 17, 1984,

98 Stat. 446, inserted "GENERALLY" in chapter heading.

-End-

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46 USC Sec. 4101 01/06/03

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TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 41 - UNINSPECTED VESSELS GENERALLY

-HEAD-

Sec. 4101. Application

-STATUTE-

This chapter applies to an uninspected vessel not subject to

chapter 45 of this title -

(1) on the navigable waters of the United States; or

(2) owned in the United States and operating on the high seas.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 528; Pub. L. 100-424, Sec.

8(b), Sept. 9, 1988, 102 Stat. 1593.)

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HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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4101 46:526u

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Section 4101 makes this chapter applicable to uninspected

vessels, as defined in section 2101(43), that operate on the

navigable waters of the United States or that are owned in the

United States and while operating on the high seas. Therefore a

vessel that operates on waters that are considered to be solely

State waters would not be subject to these Federal requirements.

AMENDMENTS

1988 - Pub. L. 100-424 inserted "not subject to chapter 45 of

this title" after "an uninspected vessel".

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.

-End-

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46 USC Sec. 4102 01/06/03

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TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 41 - UNINSPECTED VESSELS GENERALLY

-HEAD-

Sec. 4102. Safety equipment

-STATUTE-

(a) Each uninspected vessel propelled by machinery shall be

provided with the number, type, and size of fire extinguishers,

capable of promptly and effectively extinguishing burning liquid

fuel, that may be prescribed by regulation. The fire extinguishers

shall be kept in condition for immediate and effective use and so

placed as to be readily accessible.

(b) Each uninspected vessel propelled by machinery shall carry at

least one readily accessible life preserver or other lifesaving

device, of the type prescribed by regulation, for each individual

on board.

(c) Each uninspected vessel shall have the carburetors of each

engine of the vessel (except an outboard motor) using gasoline as

fuel, equipped with an efficient flame arrestor, backfire trap, or

other similar device prescribed by regulation.

(d) Each uninspected vessel using a volatile liquid as fuel shall

be provided with the means prescribed by regulation for properly

and efficiently ventilating the bilges of the engine and fuel tank

compartments, so as to remove any explosive or flammable gases.

(e) Each manned uninspected vessel owned in the United States and

operating beyond 3 nautical miles from the baselines from which the

territorial sea of the United States is measured or beyond three

nautical miles from the coastline of the Great Lakes shall be

equipped with the number and type of alerting and locating

equipment, including emergency position indicating radio beacons,

prescribed by the Secretary.

(f)(1) The Secretary, in consultation with the Towing Safety

Advisory Committee and taking into consideration the

characteristics, methods of operation, and nature of service of

towing vessels, may require the installation, maintenance, and use

of a fire suppression system or other measures to provide adequate

assurance that fires on board towing vessels can be suppressed

under reasonably foreseeable circumstances.

(2) The Secretary shall require under paragraph (1) the use of a

fire suppression system or other measures to provide adequate

assurance that a fire on board a towing vessel that is towing a

non-self-propelled tank vessel can be suppressed under reasonably

foreseeable circumstances.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 528; Pub. L. 99-640, Sec.

16, Nov. 10, 1986, 100 Stat. 3552; Pub. L. 100-424, Sec. 2(c),

Sept. 9, 1988, 102 Stat. 1590; Pub. L. 100-540, Sec. 1(a), Oct. 28,

1988, 102 Stat. 2719; Pub. L. 104-324, title IX, Sec. 902(a), Oct.

19, 1996, 110 Stat. 3947; Pub. L. 105-383, title III, Sec.

301(b)(3), Nov. 13, 1998, 112 Stat. 3417.)

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HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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4102(a) 46:526g

4102(b) 46:526e

4102(c) 46:526i

4102(d) 46:526j

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Section 4102 requires uninspected vessels to comply with certain

provisions that incorporate minimum safety equipment and

construction requirements. The Committee intends that the term life

preserver include all types of personal equipment, including

exposure suits with floatation characteristics.

AMENDMENTS

1998 - Subsec. (e). Pub. L. 105-383 substituted "owned in the

United States and operating beyond 3 nautical miles from the

baselines from which the territorial sea of the United States is

measured" for "operating on the high seas".

1996 - Subsec. (f). Pub. L. 104-324 added subsec. (f).

1988 - Subsec. (e). Pub. L. 100-540 amended subsec. (e) generally

without regard to the prior repeal of subsec. (e) by Pub. L.

100-424.

Pub. L. 100-424 struck out subsec. (e) which read as follows:

"Each uninspected fishing, fish processing, or fish tender vessel

operating on the high seas shall be equipped with the number and

type of emergency position indicating radio beacons prescribed by

regulation." See section 4502(a)(7) of this title.

1986 - Subsec. (e). Pub. L. 99-640 added subsec. (e).

REGULATIONS

Section 902(b) of Pub. L. 104-324 provided that: "The Secretary

of the department in which the Coast Guard is operating shall issue

regulations establishing the requirement described in subsection

(f)(2) of section 4102 of title 46, United States Code, as added by

this section, by not later than October 1, 1997."

-EXEC-

TERRITORIAL SEA OF UNITED STATES

For extension of territorial sea of United States, see Proc. No.

5928, set out as a note under section 1331 of Title 43, Public

Lands.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4103 of this title.

-End-

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46 USC Sec. 4103 01/06/03

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TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 41 - UNINSPECTED VESSELS GENERALLY

-HEAD-

Sec. 4103. Exemptions

-STATUTE-

(a) The Secretary may exempt a vessel from any part of this

chapter if, under regulations prescribed by the Secretary

(including regulations on special operating conditions), the

Secretary finds that -

(1) good cause exists for granting an exemption; and

(2) the safety of the vessel and individuals on board will not

be adversely affected.

(b) Section 4102(a) of this title does not apply to a vessel

propelled by outboard motors when competing in a race previously

arranged and announced or, if the vessel is designed and intended

only for racing, when operated incidental to tuning up the vessel

and its engines for the race.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 529; Pub. L. 100-540, Sec.

2, Oct. 28, 1988, 102 Stat. 2719.)

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HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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4103 46:525h

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Section 4103 contains an exemption from carrying fire

extinguishers, for on a vessel competing in an organized race or a

vessel designed and intended for racing only.

AMENDMENTS

1988 - Pub. L. 100-540 added subsec. (a) and designated existing

provisions as subsec. (b).

-End-

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46 USC Sec. 4104 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 41 - UNINSPECTED VESSELS GENERALLY

-HEAD-

[Sec. 4104. Repealed. Pub. L. 101-595, title VI, Sec. 603(3)(A),

Nov. 16, 1990, 104 Stat. 2993]

-MISC1-

Section, Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 529, required

Secretary to prescribe regulations to carry out provisions of this

chapter.

-End-

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46 USC Sec. 4105 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 41 - UNINSPECTED VESSELS GENERALLY

-HEAD-

Sec. 4105. Uninspected passenger vessels

-STATUTE-

(a) Chapter 43 of this title applies to an uninspected passenger

vessel.

(b) Within twenty-four months of the date of enactment of this

subsection, the Secretary shall, by regulation, require certain

additional equipment which may include liferafts or other

lifesaving equipment, construction standards, or specify additional

operating standards for those uninspected passenger vessels defined

in section 2101(42)(A) of this title.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 529; Pub. L. 103-206, title

V, Sec. 511(b), Dec. 20, 1993, 107 Stat. 2442.)

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HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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4105 46:1452

46:1453

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Section 4105 provides that an uninspected passenger vessel is

subject to Chapter 43, as a recreational vessel even when it is

carrying not more than six passengers.

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of this subsection, referred to in subsec.

(b), is the date of enactment of Pub. L. 103-206, which was

approved Dec. 20, 1993.

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AMENDMENTS

1993 - Pub. L. 103-206 designated existing provisions as subsec.

(a) and added subsec. (b).

-End-

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46 USC Sec. 4106 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 41 - UNINSPECTED VESSELS GENERALLY

-HEAD-

Sec. 4106. Penalties

-STATUTE-

If a vessel to which this chapter applies is operated in

violation of this chapter or a regulation prescribed under this

chapter, the owner, charterer, managing operator, agent, master,

and individual in charge are each 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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 529; Pub. L. 100-540, Sec.

3, Oct. 28, 1988, 102 Stat. 2719.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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4106 46:526o

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Section 4106 provides a civil penalty of $100 for a violation of

this chapter or a regulation under this chapter. The vessel also is

liable in rem.

AMENDMENTS

1988 - Pub. L. 100-540 substituted "not more than $5,000" for

"$100".

-End-