US (United States) Code. Title 46. Subtitle II: Vessels and Seamen. Chapter 31: General

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Shipping. Inspection and regulation

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  • País: Estados Unidos Estados Unidos
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46 USC CHAPTER 31 - GENERAL 01/06/03

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TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 31 - GENERAL

-HEAD-

CHAPTER 31 - GENERAL

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Sec.

3101. Authority to suspend inspection.

3102. Immersion suits.

3103. Use of reports, documents, and records.

AMENDMENTS

1996 - Pub. L. 104-324, title VI, Sec. 603(b), Oct. 19, 1996, 110

Stat. 3930, added item 3103.

1988 - Pub. L. 100-424, Sec. 8(a)(3), Sept. 9, 1988, 102 Stat.

1593, substituted "Immersion" for "Exposure" in item 3102.

1985 - Pub. L. 99-36, Sec. 2, May 15, 1985, 99 Stat. 68, repealed

section 22 of Pub. L. 98-557 and the amendments made by that

section, which added first identical item 3102, effective Nov. 8,

1984, thereby leaving Pub. L. 98-623 as the sole authority for the

addition of item 3102. See 1984 Amendment note below.

1984 - Pub. L. 98-557, Sec. 22(a)(2), Oct. 30, 1984, 98 Stat.

2871, and Pub. L. 98-623, title VII, Sec. 701(a)(2), Nov. 8, 1984,

98 Stat. 3413, added identical item 3102. See 1985 Amendment note

above.

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46 USC Sec. 3101 01/06/03

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TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 31 - GENERAL

-HEAD-

Sec. 3101. Authority to suspend inspection

-STATUTE-

When the President decides that the needs of foreign commerce

require, the President may suspend a provision of this part for a

foreign-built vessel registered as a vessel of the United States on

conditions the President may specify.

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(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 510.)

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HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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3101 46:82

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Section 3101 provides the President with the authority to suspend

the inspection laws for a foreign-built reflagged U.S. vessel when

the needs of foreign commerce require this. For example, if a

foreign-flag vessel is reflagged in the U.S. but does not meet the

specific Coast Guard inspection requirements, the President could

suspend these requirements.

EFFECTIVE DATE

Section 2(g)(1) of Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 599,

provided that: "Part B [chapters 31 to 43] of subtitle II and

sections 7306 (related to able seaman sail) and 7311 of title 46

(as enacted by section 1 of this Act) take effect April 15, 1984,

or when regulations for sailing school vessels under part B are

effective, whichever is earlier." [Part B of subtitle II and

sections 7306 (related to able seaman sail) and 7311 of title 46

effective Apr. 15, 1984, in absence of regulations for sailing

school vessels under part B on that date.]

-TRANS-

DELEGATION OF FUNCTIONS

For delegation to Secretary of the Treasury of authority vested

in President by this section, see Ex. Ord. No. 10289, Sept. 17,

1951, 16 F.R. 9499, as amended, set out as a note under section 301

of Title 3, The President.

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46 USC Sec. 3102 01/06/03

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TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 31 - GENERAL

-HEAD-

Sec. 3102. Immersion suits

-STATUTE-

(a) The Secretary shall by regulation require immersion suits on

vessels designated by the Secretary that operate in the Atlantic

Ocean north of 32 degrees North latitude or south of 32 degrees

South latitude and in all other waters north of 35 degrees North

latitude or south of 35 degrees South latitude. The Secretary may

not exclude a vessel from designation under this section only

because that vessel carries other lifesaving equipment.

(b) The Secretary shall establish standards for an immersion suit

required by this section, including standards to guarantee adequate

thermal protection, buoyance, and flotation stability.

(c)(1) The owner, charterer, managing operator, agent, master, or

individual in charge of a vessel violating this section or a

regulation prescribed under this section is 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.

(2) The owner, charterer, managing operator, agent, master, or

individual in charge of a vessel violating this section or a

regulation prescribed under this section may be fined not more than

$25,000, imprisoned for not more than 5 years, or both.

-SOURCE-

(Added Pub. L. 98-557, Sec. 22(a)(1), Oct. 30, 1984, 98 Stat. 2871;

amended Pub. L. 98-623, title VII, Sec. 701(a)(1), Nov. 8, 1984, 98

Stat. 3413; Pub. L. 99-36, Sec. 2, May 15, 1985, 99 Stat. 68; Pub.

L. 100-424, Sec. 8(a)(1), (2), Sept. 9, 1988, 102 Stat. 1592,

1593.)

-COD-

CODIFICATION

Pub. L. 98-557 and Pub. L. 98-623 enacted identical section 3102

of this title. Section 22 of Pub. L. 98-557, which enacted first

identical section 3102 of this title, was repealed by section 2 of

Pub. L. 99-36, set out below as a Repeal of Duplicate Section note.

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AMENDMENTS

1988 - Pub. L. 100-424 substituted "Immersion" for "Exposure" in

section catchline, and "immersion" for "exposure" in subsecs. (a)

and (b).

REPEAL OF DUPLICATE SECTION 3102; REFERENCES THERETO AND

REGULATIONS AND ACTIONS THEREUNDER

Section 2 of Pub. L. 99-36 provided that: "Section 22 of the

Coast Guard Authorization Act of 1984 (Public Law 98-557; 98 Stat.

2871), and the amendments made by such section [enacting first

identical section 3102 of this title and provisions set out as a

note under this section and amending the analysis of chapter 31 of

this title], are repealed as of November 8, 1984. Regulations

prescribed and actions taken under, and references to, such section

and the amendments made by such section are deemed to be

regulations prescribed and actions taken under, and references to,

section 701 of the Act of November 8, 1984 (Public Law 98-623; 98

Stat. 3413), and the amendments made by such section 701 [enacting

second identical section 3102 of this title and provisions set out

as a note under this section and amending the analysis of chapter

31 of this title]."

REGULATIONS

Section 701(b), (c) of title VII of Pub. L. 98-623 provided:

"(b) Section 3102 of title 46, United States Code (as added by

subsection (a) of this section), does not limit the authority of

the Secretary of the department in which the Coast Guard is

operating to prescribe regulations requiring exposure suits on

vessels not required by section 3102 to have exposure suits.

"(c) The regulations prescribed under section 3102 of title 46,

United States Code (as added by subsection (a) of this section),

shall be effective not later than 60 days after the date of

enactment of this title [Nov. 8, 1984]." [Regulations effective

Dec. 30, 1984, see 49 F.R. 50722, Dec. 31, 1984.]

[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.]

Similar provisions were contained in section 22(b), (c) of Pub.

L. 98-557, which was repealed by section 2 of Pub. L. 99-36, set

out above as a Repeal of Duplicate Section note.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4502 of this title.

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46 USC Sec. 3103 01/06/03

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TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 31 - GENERAL

-HEAD-

Sec. 3103. Use of reports, documents, and records

-STATUTE-

The Secretary may rely, as evidence of compliance with this

subtitle, on -

(1) reports, documents, and records of other persons who have

been determined by the Secretary to be reliable; and

(2) other methods the Secretary has determined to be reliable.

-SOURCE-

(Added Pub. L. 104-324, title VI, Sec. 603(a), Oct. 19, 1996, 110

Stat. 3930.)

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