US (United States) Code. Title 46. Subtitle II: Vessels and Seamen. Part B. Chapter 33: Inspection generally

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-CITE-

46 USC CHAPTER 33 - INSPECTION GENERALLY 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 33 - INSPECTION GENERALLY

-HEAD-

CHAPTER 33 - INSPECTION GENERALLY

-MISC1-

Sec.

3301. Vessels subject to inspection.

3302. Exemptions.

3303. Reciprocity for foreign vessels.

3304. Transporting individuals in addition to crew.

3305. Scope and standards of inspection.

3306. Regulations.

3307. Frequency of inspection.

3308. Examinations.

3309. Certificate of inspection.

3310. Records of certification.

3311. Certificate of inspection required.

3312. Display of certificate of inspection.

3313. Compliance with certificate of inspection.

3314. Expiration of certificate of inspection.

3315. Disclosure of defects and protection of informants.

3316. Classification societies.

3317. Fees.

3318. Penalties.

HISTORICAL AND REVISION NOTES

Chapter 33 consolidates the laws governing the inspection and

certification of vessels by the Coast Guard that have developed

over a period in excess of 140 years. The original laws were

directed to the safety of the relatively new and potentially

dangerous steam vessel. The demand for Federal remedial legislation

began during the early 1800's after frequent and disastrous

explosions of steam boilers on passenger vessels. This directly led

to the first maritime safety laws in 1838 that required periodic

inspection and certification of vessels engaged in the

transportation of passengers and freight on the waters of the

United States. This was followed by a more extensive steamboat

inspection law in 1852 which adopted for the first time the

principle of licensing for river pilots and engineers. It also

created a new Federal maritime safety inspection service called the

Federal Inspection Service that eventually became the Bureau of

Marine Inspection and Navigation, whose duties were temporarily

assumed in 1941 and permanently assumed in 1946 by the United

States Coast Guard.

In 1864 the principal inspection and licensing provisions of the

1852 act were made applicable to ferries, towing vessels, and canal

boats. However, steamboat explosions continued with high loss of

life and property. One of the greatest of all disasters, the

destruction of the passenger vessel Sultana by explosion and fire

with a loss of life estimated at more than 1500 lives in April

1865, led to renewed legislation efforts. In 1871 this culminated

with legislation that combined a number of new requirements into a

coherent and unified body of maritime safety laws. At the time of

the adoption of the Revised Statutes in 1874, a maritime safety

code was well established for vessels propelled in whole or in part

by steam.

In the more than 100 years since then, as the public recognized

the need for vessel safety legislation, primarily as the result of

maritime disasters, other classes of vessels were subjected to

Federal inspection or regulatory control. These included vessels

propelled by gas, fluid, naphtha, or electric motors in 1897; sail

vessels and barges carrying passengers for hire in 1898; seagoing

barges in 1908; motorboats in 1910; steam vessels owned by the

Department of Commerce in 1919; seagoing vessels of 300 gross tons

and over on June 20, 1936; all tank vessels carrying flammable or

combustible liquid cargo in bulk regardless of size or means of

propulsion of June 23, 1936; motorboats again in 1940; all vessels

carrying more than six passengers in 1956; tank vessels again in

1978; and offshore supply vessels in 1980. There was also

considerable legislation that amended or supplemented these primary

maritime safety laws.

The net result has been a patchwork quilt of categories and

classifications that requires a tabulation of more than seventy

different classes of inspected vessels. This revision gathers into

one section of the law all classes of vessels that are subject to

inspection and certification without changing the application of

present law as to any one class of vessel. The revision does not

alter the application of the present law so as to expand inspection

requirements to any vessel presently not subject to inspection nor

to remove from inspection any vessel that is presently subject to

inspection.

AMENDMENTS

1996 - Pub. L. 104-324, title VI, Sec. 607(b)(2), Oct. 19, 1996,

110 Stat. 3932, substituted "Classification societies" for "United

States classification societies" in item 3316.

1986 - Pub. L. 99-307, Sec. 1(5)(B), May 19, 1986, 100 Stat. 445,

substituted "Transporting" for "Carrying" in item 3304.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 2102, 8101, 8301 of this

title; title 40 section 558.

-End-

-CITE-

46 USC Sec. 3301 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 33 - INSPECTION GENERALLY

-HEAD-

Sec. 3301. Vessels subject to inspection

-STATUTE-

The following categories of vessels are subject to inspection

under this part:

(1) freight vessels.

(2) nautical school vessels.

(3) offshore supply vessels.

(4) passenger vessels.

(5) sailing school vessels.

(6) seagoing barges.

(7) seagoing motor vessels.

(8) small passenger vessels.

(9) steam vessels.

(10) tank vessels.

(11) fish processing vessels.

(12) fish tender vessels.

(13) Great Lakes barges.

(14) oil spill response vessels.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 510; Pub. L. 98-364, title

IV, Sec. 402(2), July 17, 1984, 98 Stat. 445; Pub. L. 102-587,

title V, Sec. 5208(b), Nov. 4, 1992, 106 Stat. 5076; Pub. L.

104-324, title XI, Sec. 1104(g), Oct. 19, 1996, 110 Stat. 3967.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

3301(1) 46:391

46:404

3301(2) 46:1295f(c)

3301(3) 46:404-1

3301(4) 46:390a

46:391

3301(5) 46:390a

3301(6) 46:395

3301(7) 46:367

3301(8) 46:390a

3301(9) 46:362

46:391

46:405

3301(10) 46:391a

--------------------------------------------------------------------

Section 3301 lists all classes of vessels that are subject to

inspection and certification by the Coast Guard. This section

represents one of the sought-after advantages of the bill to

simplify access to the provisions of law governing the regulation

of vessels. Under the present law, a vessel's inspection status

must be determined by examining a table appearing at section

2.01-7A of title 46, Code of Federal Regulations that divides all

vessels into more than 70 separate classes.

It is important to note that while the classes of vessels are now

limited to ten, there is no prohibition against developing

regulations to meet the special needs of various size vessels

within any one category. For example, it is expected that the Coast

Guard will continue the practice of establishing standards for

freight vessels of not more than 100 gross tons and other standards

for larger freight vessels.

It should also be noted that a particular vessel can, when

engaged in various types of operations, be subject to varying

inspection laws. For example, an offshore supply vessel could be

classed as a small passenger vessel or a passenger vessel when it

operates as a crew boat carrying individuals other than those

defined in section 2101(21). If the offshore supply vessel is 500

gross tons and over it would then be subject to inspection as a

seagoing motor vessel, a freight vessel, or a passenger vessel.

AMENDMENTS

1996 - Par. (14). Pub. L. 104-324 added par. (14).

1992 - Par. (13). Pub. L. 102-587 added par. (13).

1984 - Pars. (11), (12). Pub. L. 98-364 added pars. (11) and

(12).

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-587 effective Nov. 4, 1992, for Great

Lakes barges placed in operation after Nov. 4, 1992, and effective

one year after Nov. 4, 1992, for Great Lakes barges in operation on

Nov. 4, 1992, with provision for interim safety requirements, see

section 5208(c), (d) of Pub. L. 102-587, set out as a note under

section 2101 of this title.

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.

SHORT TITLE OF 1984 AMENDMENT

Pub. L. 98-498, title II, Sec. 210, Oct. 19, 1984, 98 Stat. 2303,

provided that: "This subtitle [subtitle A (Secs. 210-214) of title

II of Pub. L. 98-498, enacting section 2306 of this title, amending

sections 2301, 3309, 3311, 3318, 6101, and 6103 of this title and

section 183 of the Appendix to this title, and enacting provisions

set out as notes under section 2306 of this title and section 183

of the Appendix to this title] may be cited as the 'Maritime Safety

Act of 1984'."

PILOT PROGRAM

Pub. L. 105-383, title IV, Sec. 412(b), Nov. 13, 1998, 112 Stat.

3432, provided that:

"(1) In general. - The Secretary may establish a pilot program to

exempt a vessel of at least 300 gross tons as measured under

chapter 143 or chapter 145 of title 46, United States Code, from

the requirement to be inspected under section 3301(7) of title 46,

United States Code, as a seagoing motor vessel, if -

"(A) the vessel does not carry any cargo or passengers for

hire;

"(B) the vessel does not engage in commercial service,

commercial fisheries, or oceanographic research; and

"(C) the vessel does not engage in towing.

"(2) Expiration of authority. - The authority to grant the

exemptions under this subsection expires 2 years after the date of

the enactment of this Act [Nov. 13, 1998]. Any specific exemptions

granted under this subsection shall nonetheless remain in effect."

SMALL PASSENGER VESSEL PILOT INSPECTION PROGRAM WITH STATE OF

MINNESOTA

Section 1122 of Pub. L. 104-324 provided that:

"(a) In General. - The Secretary may enter into an agreement with

the State under which the State may inspect small passenger vessels

operating in waters of that State designated by the Secretary, if -

"(1) the State plan for the inspection of small passenger

vessels meets such requirements as the Secretary may require to

ensure the safety and operation of such vessels in accordance

with the standards that would apply if the Coast Guard were

inspecting such vessels; and

"(2) the State will provide such information obtained through

the inspection program to the Secretary annually in such form and

in such detail as the Secretary may require.

"(b) Fees. - The Secretary may adjust or waive the user fee

imposed under section 3317 of title 46, United States Code, for the

inspection of small passenger vessels inspected under the State

program.

"(c) Termination. - The authority provided by subsection (a)

terminates on December 31, 1999.

"(d) Definitions. - For purposes of this section -

"(1) Secretary. - The term 'Secretary' means the Secretary of

the department in which the Coast Guard is operating.

"(2) State. - The term 'State' means the State of Minnesota.

"(3) Small passenger vessel. - The term 'small passenger

vessel' means a small passenger vessel (as defined in section

2101(35) of title 46, United States Code) of not more than 40

feet overall in length."

[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.]

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2101, 3302 of this title.

-End-

-CITE-

46 USC Sec. 3302 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 33 - INSPECTION GENERALLY

-HEAD-

Sec. 3302. Exemptions

-STATUTE-

(a) A vessel is not excluded from one category only because the

vessel is -

(1) included in another category of section 3301 of this title;

or

(2) excluded by this section from another category of section

3301 of this title.

(b) Except as provided in subsection (c)(3) of this section, a

fishing vessel (!1) including a vessel chartered part-time as a

fish tender vessel, is exempt from section 3301(1), (7), (11), and

(12) of this title.

(c)(1) Except as provided in paragraph (3) of this subsection, a

fish processing vessel of not more than 5,000 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 is exempt from section

3301(1), (6), (7), (11), and (12) of this title.

(2) Except as provided in paragraphs (3) and (4) of this

subsection, a fish tender vessel of not more than 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 is exempt from section

3301(1), (6), (7), (11), and (12) of this title.

(3)(A) A fishing vessel or fish processing vessel is exempt from

section 3301(1), (6), and (7) of this title when transporting cargo

(including fisheries-related cargo) to or from a place in Alaska if

-

(i) that place does not receive weekly common carrier service

by water from a place in the United States;

(ii) that place receives such common carrier service and the

cargo is of a type not accepted by that common carrier service;

or

(iii) the cargo is proprietary cargo owned by the owner of the

vessel or any affiliated entity or subsidiary.

(B) A fish tender vessel of not more than 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, which is qualified to

engage in the Aleutian trade is exempt from section 3301(1), (6),

and (7) of this title when transporting cargo (including

fisheries-related cargo) to or from a place in Alaska outside the

Aleutian trade geographic area if -

(i) that place does not receive weekly common carrier service

by water from a place in the United States;

(ii) that place receives such common carrier service and the

cargo is of a type not accepted by that common carrier service;

or

(iii) the cargo is proprietary cargo owned by the owner of the

vessel or any affiliated entity or subsidiary.

(C) In this paragraph, the term "proprietary cargo" means cargo

that -

(i) is used by the owner of the vessel or any affiliated entity

or subsidiary in activities directly related to fishing or the

processing of fish;

(ii) is consumed by employees of the owner of the vessel or any

affiliated entity or subsidiary who are engaged in fishing or in

the processing of fish; or

(iii) consists of fish or fish products harvested or processed

by the owner of the vessel or any affiliated entity or

subsidiary.

(D) Notwithstanding the restrictions in subparagraph (B) of this

paragraph, vessels qualifying under subparagraph (B) may transport

cargo (including fishery-related products) from a place in Alaska

receiving weekly common carrier service by water to a final

destination in Alaska not receiving weekly service by water from

common carriers.

(4) A fish tender vessel is exempt from section 3301(1), (6), and

(7) of this title when engaged in the Aleutian trade if the vessel

-

(A) is not more than 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;

(B) has an incline test performed by a marine surveyor; and

(C) has written stability instructions posted on board the

vessel.

(d)(1) A motor vessel of less than 150 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, constructed before August 23,

1958, is not subject to inspection under section 3301(1) of this

title if the vessel is owned or demise chartered to a cooperative

or association that only transports cargo owned by at least one of

its members on a nonprofit basis between places within the waters

of -

(A) southeastern Alaska shoreward of the Boundary Line; or

(B) southeastern Alaska shoreward of the Boundary Line and -

(i) Prince Rupert, British Columbia; or

(ii) waters of Washington shoreward of the Boundary Line, via

sheltered waters, as defined in article I of the treaty dated

December 9, 1933, between the United States and Canada defining

certain waters as sheltered waters.

(2) The transportation authorized under this subsection is

limited to and from places not receiving annual weekly

transportation service from any part of the United States by an

established water common carrier. However, the limitation does not

apply to transporting cargo of a character not accepted for

transportation by that carrier.

(e) A vessel laid up, dismantled, or out of commission is exempt

from inspection.

(f) Section 3301(4) and (8) of this title does not apply to an

oceanographic research vessel because it is carrying scientific

personnel.

(g)(1) Except when compliance with major structural or major

equipment requirements is necessary to remove an especially

hazardous condition, an offshore supply vessel is not subject to

regulations or standards for those requirements if the vessel -

(A) was operating as an offshore supply vessel before January

2, 1979; or

(B) was contracted for before January 2, 1979, and entered into

service as an offshore supply vessel before October 6, 1980.

(2) After December 31, 1988, this subsection does not apply to an

offshore supply vessel that is at least 20 years of age.

(h) An offshore supply vessel operating on January 1, 1979, under

a certificate of inspection issued by the Secretary, is subject to

an inspection standard or requirement only if the standard or

requirement could have been prescribed for the vessel under

authority existing under law on October 5, 1980.

(i)(1) The Secretary may issue a permit exempting a vessel from

any part of the requirements of this part for vessels transporting

cargo, including bulk fuel, from one place in Alaska to another

place in Alaska only if the vessel -

(A) is not more 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;

(B) is in a condition that does not present an immediate threat

to the safety of life or the environment; and

(C) was operating in the waters off Alaska as of June 1, 1976,

or the vessel is a replacement for a vessel that was operating in

the waters off Alaska as of June 1, 1976, if the vessel being

replaced is no longer in service.

(2) Except in a situation declared to be an emergency by the

Secretary, a vessel operating under a permit may not transport

cargo to or from a place if the cargo could be transported by

another commercial vessel that is reasonably available and that

does not require exemptions to operate legally or if the cargo

could be readily transported by overland routes.

(3) A permit may be issued for a specific voyage or for not more

than one year. The permit may impose specific requirements about

the amount or type of cargo to be carried, manning, the areas or

specific routes over which the vessel may operate, or other similar

matters. The duration of the permit and restrictions contained in

the permit shall be at the sole discretion of the Secretary.

(4) A designated Coast Guard official who has reason to believe

that a vessel issued a permit is in a condition or is operated in a

manner that creates an immediate threat to the safety of life or

the environment or is operated in a manner that is inconsistent

with the terms of the permit, may direct the master or individual

in charge to take immediate and reasonable steps to safeguard life

and the environment, including directing the vessel to a port or

other refuge.

(5) If a vessel issued a permit creates an immediate threat to

the safety of life or the environment, or is operated in a manner

inconsistent with the terms of the permit or the requirements of

paragraph (2) of this subsection, the permit may be revoked. The

owner, charterer, managing operator, agent, master, or individual

in charge of a vessel issued a permit, that willfully permits the

vessel to be operated, or operates, the vessel in a manner

inconsistent with the terms of the permit, is liable to the United

States Government for a civil penalty of not more than $1,000.

(j) Notwithstanding another provision of this chapter, the

Secretary is not required to inspect or prescribe regulations for a

nautical school vessel of not more than 15 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 -

(1) when used in connection with a course of instruction

dealing with any aspect of maritime education or study; and

(2) operated by -

(A) the United States Merchant Marine Academy; or

(B) a State maritime academy assisted under section 1304 of

the Merchant Marine Act, 1936 (46 App. U.S.C. 1295c).

(k) Only the boiler, engine, and other operating machinery of a

steam vessel that is a recreational vessel of not more than 65 feet

overall in length are subject to inspection under section 3301(9)

of this title.

(l)(1) The Secretary may issue a permit exempting the following

vessels from the requirements of this part for passenger vessels so

long as the vessels are owned by nonprofit organizations and

operated as nonprofit memorials to merchant mariners:

(A) The steamship John W. Brown (United States official number

242209), owned by Project Liberty Ship Baltimore, Incorporated,

located in Baltimore, Maryland.

(B) The steamship Lane Victory (United States official number

248094), owned by the United States Merchant Marine Veterans of

World War II, located in San Pedro, California.

(C) The steamship Jeremiah O'Brien (United States official

number 243622), owned by the National Liberty Ship Memorial,

Inc..(!2)

(D) The SS Red Oak Victory (United States official number

249410), owned by the Richmond Museum Association, located in

Richmond, California.

(E) The SS American Victory (United States official number

248005), owned by Victory Ship, Inc., of Tampa, Florida.

(F) The LST-325, owned by USS LST Ship Memorial, Incorporated,

located in Mobile, Alabama.

(2) The Secretary may issue a permit for a specific voyage or for

not more than one year. The Secretary may impose specific

requirements about the number of passengers to be carried, manning,

the areas or specific routes over which the vessel may operate, or

other similar matters.

(3) A designated Coast Guard official who has reason to believe

that a vessel operating under this subsection is in a condition or

is operated in a manner that creates an immediate threat to life or

the environment or is operated in a manner that is inconsistent

with this section, may direct the master or individual in charge to

take immediate and reasonable steps to safeguard life and the

environment, including directing the vessel to a port or other

refuge.

(m) A seagoing barge is not subject to inspection under section

3301(6) of this title if the vessel is unmanned and does not carry

-

(1) a hazardous material as cargo; or

(2) a flammable or combustible liquid, including oil, in bulk.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 510; Pub. L. 98-364, title

IV, Sec. 402(3), July 17, 1984, 98 Stat. 445; Pub. L. 99-307, Sec.

1(3), (4), May 19, 1986, 100 Stat. 444; Pub. L. 101-595, title III,

Sec. 303(a), title VI, Secs. 602(b), 603(2), Nov. 16, 1990, 104

Stat. 2983, 2990, 2993; Pub. L. 103-206, title III, Sec. 311, Dec.

20, 1993, 107 Stat. 2426; Pub. L. 104-324, title VII, Sec. 711,

title XI, Sec. 1110, Oct. 19, 1996, 110 Stat. 3935, 3969; Pub. L.

106-65, div. C, title XXXVI, Sec. 3604, Oct. 5, 1999, 113 Stat.

976; Pub. L. 107-295, title II, Sec. 208, Nov. 25, 2002, 116 Stat.

2098.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

3302 46:367

46:390

46:391(e)

46:404

46:420

46:442

--------------------------------------------------------------------

Section 3302 does three things. It makes clear that a vessel

included in one of the ten categories of vessels subject to

inspection is not necessarily excluded from another category of

vessel that is subject to inspection. For example, a vessel

inspected and certified as a small passenger vessel would, when

carrying oil or hazardous materials in bulk as cargo or cargo

residue, also have to be inspected as a tank vessel. It makes it

clear that a vessel excluded by section 3302 from the requirements

of inspection in any one of the ten categories is not necessarily

excluded from inspection as a vessel in another category. This

section also contains a number of exemptions for certain classes of

vessels and for those vessels engaged in a specific trade that have

been considered to be of a special circumstance.

AMENDMENTS

2002 - Subsec. (l)(1)(D) to (F). Pub. L. 107-295 added subpars.

(D) to (F).

1999 - Subsec. (l)(1)(C). Pub. L. 106-65 substituted "owned by

the National Liberty Ship Memorial, Inc." for "owned by the United

States Maritime Administration".

1996 - Subsec. (b). Pub. L. 104-324, Sec. 1110(1), substituted

"Except as provided in subsection (c)(3) of this section, a fishing

vessel" for "A fishing vessel,".

Subsec. (c)(1). Pub. L. 104-324, Secs. 711(1), 1110(2),

substituted "Except as provided in paragraph (3) of this

subsection, a fish processing vessel" for "A fish processing

vessel" and 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 "5,000 gross tons".

Subsec. (c)(2). Pub. L. 104-324, Secs. 711(2), 1110(3),

substituted "Except as provided in paragraphs (3) and (4) of this

subsection, a fish tender vessel" for "A fish tender vessel" and

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".

Subsec. (c)(3). Pub. L. 104-324, Sec. 1110(4), amended par. (3)

generally. Prior to amendment, par. (3) read as follows: "A

fishing, fish processing, or fish tender vessel of not more than

500 gross tons is exempt from section 3301(1), (6), and (7) of this

title if -

"(A) when transporting cargo to or from a place in Alaska -

"(i) that place does not receive weekly common carrier

service by water from a place in the United States; or

"(ii) the cargo is of a type not accepted by that common

carrier service; or

"(B) in the case of a fish tender vessel, the vessel is not

engaged in the Aleutian trade."

Subsec. (c)(4)(A). Pub. L. 104-324, Sec. 711(3), 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".

Subsec. (d)(1). Pub. L. 104-324, Sec. 711(4), 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 "150 gross

tons".

Subsec. (i)(1)(A). Pub. L. 104-324, Sec. 711(5), 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. (j). Pub. L. 104-324, Sec. 711(6), 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 "15 gross tons".

1993 - Subsec. (m). Pub. L. 103-206 added subsec. (m).

1990 - Subsec. (c)(3), (4). Pub. L. 101-595, Sec. 602(b), added

pars. (3) and (4).

Subsec. (j)(2)(B). Pub. L. 101-595, Sec. 603(2), substituted "(46

App. U.S.C. 1295c)" for "(46 App. U.S.C. 1295(c))".

Subsec. (l). Pub. L. 101-595, Sec. 303(a), added subsec. (l).

1986 - Subsec. (i)(5). Pub. L. 99-307, Sec. 1(3), substituted

"charterer" for "charter".

Subsec. (k). Pub. L. 99-307, Sec. 1(4), added subsec. (k).

1984 - Subsec. (b). Pub. L. 98-364 amended subsec. (b) generally,

which prior to amendment read as follows: "A motor vessel engaged

in fishing as a regular business, including oystering, clamming,

crabbing, or the kelp or sponge industry, is exempt from section

3301(1), (4), and (7) of this title."

Subsec. (c). Pub. L. 98-364 amended subsec. (c) generally, which

prior to amendment read as follows:

"(1) Before January 1, 1988, a motor vessel is exempt from

section 3301(1), (4), and (7) of this title if the vessel is not

more than 500 gross tons and -

"(A) is a cannery tender or a fishing tender in the salmon or

crab fisheries of Alaska, Oregon, and Washington; and

"(B) only carries cargo to or from vessels in those fisheries

or a facility used in processing or assembling fishery products,

or transports cannery or fishing personnel to or from operating

locations.

"(2) Before January 1, 1988, a vessel is exempt from section

3301(1), (4), (6), and (7) of this title if the vessel is not more

than 5,000 gross tons and is used only in processing and assembling

fishery products in the fisheries of Alaska, Oregon, and

Washington."

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by section 602(b) of Pub. L. 101-595 effective Nov. 16,

1990, except that requirements imposed by subsec. (c)(4)(B) and

(C), effective six months after Nov. 16, 1990, see section 602(f)

of Pub. L. 101-595, set out as a note under section 4502 of this

title.

-TRANS-

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.

-MISC2-

VESSELS REPAIRED OR RETROFITTED FOR MOBILE TRADE FAIR PURPOSES

DEEMED OUT OF COMMISSION

Pub. L. 100-418, title X, Sec. 10003(b), Aug. 23, 1988, 102 Stat.

1573, provided that: "For one year after the date of enactment of

this Act [Aug. 23, 1988], a vessel that is undergoing repair or

retrofitting for use solely for mobile trade fair purposes is

deemed to be out of commission under section 3302(e) of title 46,

United States Code, during the repair or retrofitting."

EXEMPTION OF CERTAIN FISHING AND FISH PROCESSING VESSELS

Section 403 of Pub. L. 98-364, as amended by Pub. L. 99-36, Sec.

3, May 15, 1985, 99 Stat. 68; Pub. L. 101-225, title III, Sec. 306,

Dec. 12, 1989, 103 Stat. 1925, provided that:

"(a) Except as provided in chapter 37 of title 46, United States

Code, and before January 1, 1991, a fishing, fish processing, or

fish tender vessel, that is (1) not more than 500 gross tons and

(2) in operation, or contracted for purchase to be used as a vessel

of this type, before July 1, 1984, may transport cargo to or from a

place in Alaska not receiving weekly transportation service from a

port of the United States by an established water common carrier,

except that the service limitation does not apply to transporting

cargo of a type not accepted by that carrier.

"(b) A fish processing vessel entered into service before January

1, 1988, and more than 1,600 gross tons or entered into service

after December 31, 1987, and having more than 16 individuals on

board primarily employed in the preparation of fish or fish

products is exempt from section 8702(b) of title 46, United States

Code, until 18 months after the date of enactment of this Act [July

17, 1984].

"(c) As used in subsections (a) and (b) of this section, the

terms 'fishing vessel', 'fish processing vessel' and 'fish tender

vessel' shall have the meaning given to such terms in section 2101

of title 46, United States Code."

OFFSHORE SUPPLY VESSELS; TRANSITION PERIOD FOR COMPLIANCE WITH

VESSEL INSPECTION PROVISIONS

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

provided that: "Each offshore supply vessel described in section

3302(g) of title 46 (as enacted by section 1 of this Act), that was

registered with the Secretary of Transportation under section

4426a(7) of the Revised Statutes [former 46 U.S.C. 404-1(7)] but

that has not been inspected by the Secretary shall be held to be in

compliance with all applicable vessel inspection laws pending

verification by actual inspection or until one year after the date

of enactment of this Act [Aug. 26, 1983], whichever is earlier."

-FOOTNOTE-

(!1) So in original. Probably should be followed by a comma.

(!2) So in original.

-End-

-CITE-

46 USC Sec. 3303 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 33 - INSPECTION GENERALLY

-HEAD-

Sec. 3303. Reciprocity for foreign vessels

-STATUTE-

Except as provided in chapter 37 of this title, a foreign vessel

of a country having inspection laws and standards similar to those

of the United States and that has an unexpired certificate of

inspection issued by proper authority of its respective country, is

subject to an inspection to ensure that the condition of the vessel

is as stated in its current certificate of inspection. A foreign

country is considered to have inspection laws and standards similar

to those of the United States when it is a party to an

International Convention for Safety of Life at Sea to which the

United States Government is currently a party. A foreign

certificate of inspection may be accepted as evidence of lawful

inspection only when presented by a vessel of a country that has by

its laws accorded to vessels of the United States visiting that

country the same privileges accorded to vessels of that country

visiting the United States.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 512; Pub. L. 102-587, title

V, Sec. 5210(a), Nov. 4, 1992, 106 Stat. 5076; Pub. L. 104-324,

title XI, Sec. 1111, Oct. 19, 1996, 110 Stat. 3970.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

3303 46:362(a)

46:390c

46:391a(3)

--------------------------------------------------------------------

Section 3303 acknowledges the international concept of comity

with respect to recognizing inspection laws and standards for

foreign flag vessels that are similar to those of the United

States. If a foreign nation is signatory to the International

Convention for Safety of Life at Sea, it is presumed to have

similar standards. However, reciprocity requirements for foreign

flag tank vessels are included in chapter 37. Subsection (b)

provides for a mutual waiver of fees for the inspection of foreign

vessels carrying passengers from the United States.

AMENDMENTS

1996 - Pub. L. 104-324 struck out subsec. (a) designation and

subsec. (b) which read as follows: "The Secretary shall collect and

pay to the Treasury the same fees for the inspection of foreign

vessels carrying passengers from the United States that a foreign

country charges vessels of the United States trading to the ports

of that country. The Secretary may waive at any time the collection

of the fees on notice of the proper authorities of any country

concerned that the collection of fees for the inspection of vessels

of the United States has been discontinued."

1992 - Subsec. (a). Pub. L. 102-587, in first sentence, struck

out "only" after "is subject" and substituted "the condition of the

vessel is" for "the condition of the vessel's propulsion equipment

and lifesaving equipment are".

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3505 of this title.

-End-

-CITE-

46 USC Sec. 3304 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 33 - INSPECTION GENERALLY

-HEAD-

Sec. 3304. Transporting individuals in addition to crew

-STATUTE-

(a) A documented vessel transporting cargo that transports not

more than 12 individuals in addition to the crew on international

voyages, or not more than 16 individuals in addition to the crew on

other voyages, is not subject to inspection as a passenger vessel

or a small passenger vessel if the vessel is otherwise subject to

inspection under this chapter.

(b) Except when subsection (e) of this section applies, before an

individual in addition to the crew is transported on a vessel as

permitted by this section, the owner, charterer, managing operator,

agent, master, or individual in charge of the vessel first shall

notify the individual of the presence on board of dangerous

articles as defined by law, and of other conditions or

circumstances that would constitute a risk of safety to the

individual on board.

(c) A privilege authorized by this section applies to a vessel of

a foreign country that affords a similar privilege to vessels of

the United States in trades not restricted to vessels under its own

flag.

(d) A fishing, fish processing, or fish tender vessel that

transports not more than 12 individuals employed in the fishing

industry in addition to the crew is not subject to inspection as a

passenger or small passenger vessel.

(e) The Secretary may by regulation allow individuals in addition

to the crew to be transported in an emergency or under section 2304

of this title.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 513; Pub. L. 98-364, title

IV, Sec. 402(4), July 17, 1984, 98 Stat. 446; Pub. L. 99-307, Sec.

1(5)(A), May 19, 1986, 100 Stat. 444.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

3304 46:390-393

46:882

--------------------------------------------------------------------

Section 3304 permits the carriage of not more than 12 individuals

in addition to the crew on international voyages or not more than

16 individuals in addition to the crew on other voyages without

subjecting a documented vessel carrying cargo to the inspection

requirements of a passenger vessel. This section permits the bulk

of vessels subject to the International Convention for Safety of

Life at Sea to carry up to 12 passengers and to permit other cargo

vessels, primarily those engaged in the coastwise trade, to carry

up to 16 passengers without being categorized as passenger vessels.

It also requires that these individuals be notified of the presence

of dangerous articles or other conditions or circumstances that

constitute a risk of safety. This is of prime importance on tank

vessels that carry flammable or hazardous cargoes.

AMENDMENTS

1986 - Pub. L. 99-307, Sec. 1(5)(A)(i), substituted

"Transporting" for "Carrying" in section catchline.

Subsec. (a). Pub. L. 99-307, Sec. 1(5)(A)(ii), substituted

"transporting cargo that transports" for "carrying cargo that

carries" and inserted "if the vessel is otherwise subject to

inspection under this chapter".

Subsec. (b). Pub. L. 99-307, Sec. 1(5)(A)(iii), substituted

"Except when subsection (e) of this section applies, before" for

"Before" and "transported" for "carried".

Subsec. (c). Pub. L. 99-307, Sec. 1(5)(A)(iv), substituted "A

privilege" for "The privilege".

Subsec. (e). Pub. L. 99-307, Sec. 1(5)(A)(v), added subsec. (e).

1984 - Subsec. (d). Pub. L. 98-364 added subsec. (d).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3318 of this title.

-End-

-CITE-

46 USC Sec. 3305 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 33 - INSPECTION GENERALLY

-HEAD-

Sec. 3305. Scope and standards of inspection

-STATUTE-

(a) The inspection process shall ensure that a vessel subject to

inspection -

(1) is of a structure suitable for the service in which it is

to be employed;

(2) is equipped with proper appliances for lifesaving, fire

prevention, and firefighting;

(3) has suitable accommodations for the crew, sailing school

instructors, and sailing school students, and for passengers on

the vessel if authorized to carry passengers;

(4) is in a condition to be operated with safety to life and

property; and

(5) complies with applicable marine safety laws and

regulations.

(b) If an inspection, or examination under section 3308 of this

title, reveals that a life preserver, lifesaving device, or

firehose is defective and incapable of being repaired, the owner or

master shall destroy the life preserver, lifesaving device, or

firehose in the presence of the official conducting the inspection

or examination.

(c) A nautical school vessel operated by a civilian nautical

school or by an educational institution under section 558 of title

40 shall be inspected like a small passenger vessel or a passenger

vessel, depending on its tonnage.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 513; Pub. L. 99-36, Sec.

1(a)(1), May 15, 1985, 99 Stat. 67; Pub. L. 99-640, Sec. 13(e),

Nov. 10, 1986, 100 Stat. 3551; Pub. L. 107-217, Sec. 3(m)(2), Aug.

21, 2002, 116 Stat. 1302.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

3305 46:369

46:390a

46:391

46:392

46:395

46:404-1

46:405

46:406

46:407

46:408

46:660a

46:881

--------------------------------------------------------------------

Section 3305 consolidates, at one place, the basic scope of

coverage of the inspection process. It is to be noted that the time

difference in enactment of various statutes has resulted in some

anomalies. Thus, for example, R.S. 4417 (46 U.S.C. 391) which had

originally set periods of inspection and vested authority in "local

inspectors" was expanded over the years to provide the base for

inspection of certain classes of vessels as well as setting out the

periods and scope. The distillation of inspection objectives and

standards in later laws and the transfer of all functions of

separately created bureaus and functionaries to the Coast Guard

permit this consolidation. There are those who have a desire to see

the scope and standards of inspection be more specific in law

similar to those presently applicable to boilers and boiler plating

that predate 1871. The Committee believes this serves no useful

purpose since the specifics are either antiquated or too limiting

and have, in fact, been superceded by the statutorily authorized

adoption of various industrial specifications, standards, and codes

by the Coast Guard. These include the American Bureau of Shipping

(ABS), American Society of Mechanical Engineers (ASME), American

National Standards Institute (ANSI), American Society for Testing

and Materials (ASTM), American Welding Society (AWS), Underwriters

Laboratories (UL), and many others. In addition, Coast Guard

regulations must also implement and conform to the numerous

international maritime safety treaties to which the United States

is signatory. The Committee expects that the regulatory flexibility

being provided will not reduce the present vessel inspection

requirements that have been historically developed.

Section 3305(a) establishes the statutory scope of the Coast

Guard's vessel inspection authority and duty. The inspection

process shall ensure that a vessel is of suitable structure,

equipment, and accommodations, is maintained in an operating

condition consistent with safety of life and property, and complies

with applicable marine safety laws and regulations.

Subsection (b) requires that defective life preservers and

firehose be destroyed in the presence of the inspecting official,

normally a qualified Coast Guard marine inspector. The Committee

believes that if this equipment is defective for use on an

inspected vessel, it should be destroyed so that it cannot be used

on an uninspected or recreational vessel.

Subsection (c) provides flexibility in the inspection of various

sizes of nautical school vessels.

AMENDMENTS

2002 - Subsec. (c). Pub. L. 107-217 substituted "section 558 of

title 40" for "section 13 of the Coast Guard Authorization Act of

1986".

1986 - Subsec. (c). Pub. L. 99-640 inserted "or by an educational

institution under section 13 of the Coast Guard Authorization Act

of 1986".

1985 - Subsec. (b). Pub. L. 99-36 substituted "lifesaving" and

"life preserver, lifesaving device, or firehose" for "life-saving"

and "life preserver or firehose", respectively.

-End-

-CITE-

46 USC Sec. 3306 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 33 - INSPECTION GENERALLY

-HEAD-

Sec. 3306. Regulations

-STATUTE-

(a) To carry out this part and to secure the safety of

individuals and property on board vessels subject to inspection,

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.

(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 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 1302(3) of the Merchant

Marine Act, 1936 (46 App. U.S.C. 1295a(3))), 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(5) of

this title.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 513; Pub. L. 98-364, title

IV, Sec. 402(5), July 17, 1984, 98 Stat. 446; Pub. L. 103-206,

title V, Sec. 512(a), Dec. 20, 1993, 107 Stat. 2442; Pub. L.

104-324, title VI, Sec. 604(a), (c), title VII, Sec. 712, Oct. 19,

1996, 110 Stat. 3930, 3931, 3936.)

-MISC1-

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.

AMENDMENTS

1996 - Subsec. (a)(4). Pub. L. 104-324, Sec. 604(c), substituted

"paragraphs (1), (2), and (3)" for "clauses (1)-(3)".

Subsec. (b). Pub. L. 104-324, Sec. 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, Sec. 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, Sec. 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).

REGULATIONS

Section 512(b), (c) of Pub. L. 103-206 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."

FOREIGN APPROVALS

Section 604(b) of Pub. L. 104-324 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3313, 3318 of this title.

-End-

-CITE-

46 USC Sec. 3307 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 33 - INSPECTION GENERALLY

-HEAD-

Sec. 3307. Frequency of inspection

-STATUTE-

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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 514; Pub. L. 104-324, title

VI, Sec. 605(a), Oct. 19, 1996, 110 Stat. 3931.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section 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, Sec. 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, Sec. 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".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3308, 3309 of this title.

-End-

-CITE-

46 USC Sec. 3308 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 33 - INSPECTION GENERALLY

-HEAD-

Sec. 3308. Examinations

-STATUTE-

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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 514; Pub. L. 104-324, title

VI, Sec. 603(c), Oct. 19, 1996, 110 Stat. 3930.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

3308 46:435

46:660a

46:660b

--------------------------------------------------------------------

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.

AMENDMENTS

1996 - Pub. L. 104-324 inserted "or have examined" after

"examine" in introductory provisions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3305 of this title.

-End-

-CITE-

46 USC Sec. 3309 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 33 - INSPECTION GENERALLY

-HEAD-

Sec. 3309. Certificate of inspection

-STATUTE-

(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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 515; Pub. L. 98-498, title

II, Sec. 211(a), Oct. 19, 1984, 98 Stat. 2303; Pub. L. 104-324,

title VI, Sec. 606, Oct. 19, 1996, 110 Stat. 3931.)

-MISC1-

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

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3311, 3312, 3318 of this

title.

-End-

-CITE-

46 USC Sec. 3310 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 33 - INSPECTION GENERALLY

-HEAD-

Sec. 3310. Records of certification

-STATUTE-

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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 515.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

3310 46:414

--------------------------------------------------------------------

Section 3310 contains the requirement for maintaining inspection

records.

-End-

-CITE-

46 USC Sec. 3311 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 33 - INSPECTION GENERALLY

-HEAD-

Sec. 3311. Certificate of inspection required

-STATUTE-

(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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 515; Pub. L. 98-498, title

II, Sec. 211(b), Oct. 19, 1984, 98 Stat. 2304.)

-MISC1-

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).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3318 of this title.

-End-

-CITE-

46 USC Sec. 3312 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 33 - INSPECTION GENERALLY

-HEAD-

Sec. 3312. Display of certificate of inspection

-STATUTE-

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 vessel. When it is not practicable to so

display the certificate, it shall be carried in the manner

prescribed by regulation.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 515.)

-MISC1-

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.

-End-

-CITE-

46 USC Sec. 3313 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 33 - INSPECTION GENERALLY

-HEAD-

Sec. 3313. Compliance with certificate of inspection

-STATUTE-

(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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 515.)

-MISC1-

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 writing to correct the deficiencies promptly. The

section provides flexibility as to when and where these

deficiencies may be corrected consistent with the safety of the

vessel and crew. The section provides authority to require the

vessel to cease operating or, if necessary, to suspend or revoke

its certificate of inspection when found not to be in compliance

with its certificate or regulations. The owner or master, or other

responsible party must be given written notice and may appeal this

action within 30 days of receiving the notice.

-End-

-CITE-

46 USC Sec. 3314 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 33 - INSPECTION GENERALLY

-HEAD-

Sec. 3314. Expiration of certificate of inspection

-STATUTE-

(a) If the certificate of inspection of a vessel expires when the

vessel is on a foreign voyage, the vessel may complete the voyage

to a port of the United States within 30 days of the expiration of

the certificate without incurring the penalties for operating

without a certificate of inspection.

(b) If the certificate of inspection would expire within 15 days

of sailing on a foreign voyage from a United States port, the

vessel shall secure a new certificate of inspection before sailing,

unless the voyage is scheduled to be completed prior to the

expiration date of the certificate. If a voyage scheduled to be

completed in that time is not so completed, the applicable

penalties may be enforced unless the failure to meet the schedule

was beyond the control of the owner, charterer, managing operator,

agent, master, or individual in charge of the vessel.

(c) When the certificate of inspection of a foreign vessel

carrying passengers, operated on a regularly established line,

expires at sea after leaving the country to which it belongs or

when the vessel is in the United States, the Secretary may permit

the vessel to sail on its regular route without further inspection

than would have been required had the certificate not expired. This

permission applies only when the vessel will be regularly inspected

and issued a certificate before the vessel's next return to the

United States.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 516.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

3314 46:362

46:399

--------------------------------------------------------------------

Section 3314 contains the procedures for when a vessel's

certificate of inspection expires while on a foreign voyage.

-End-

-CITE-

46 USC Sec. 3315 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 33 - INSPECTION GENERALLY

-HEAD-

Sec. 3315. Disclosure of defects and protection of informants

-STATUTE-

(a) Each individual licensed under part E of this subtitle shall

assist in the inspection or examination under this part of the

vessel on which the individual is serving, and shall point out

defects and imperfections known to the individual in matters

subject to regulations and inspection. The individual also shall

make known to officials designated to enforce this part, at the

earliest opportunity, any marine casualty producing serious injury

to the vessel, its equipment, or individuals on the vessel.

(b) An official may not disclose the name of an individual

providing information under this section, or the source of the

information, to a person except a person authorized by the

Secretary. An official violating this subsection is liable to

disciplinary action under applicable law.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 516.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

3315 46:234

--------------------------------------------------------------------

Section 3315 requires an individual holding a license issued by

the Coast Guard to assist inspection authorities and to make

defects and imperfections known to those authorities. Anyone

licensed also has a duty to report any marine casualty producing

serious injury to the vessel, its equipment, or individuals on

board the vessel. These licensed individuals who have this

statutorily imposed duty to disclose are also protected by

prohibiting any government official from disclosing the identity or

source of the information except as authorized by the Secretary.

-End-

-CITE-

46 USC Sec. 3316 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 33 - INSPECTION GENERALLY

-HEAD-

Sec. 3316. Classification societies

-STATUTE-

(a) Each department, agency, and instrumentality of the United

States Government shall recognize the American Bureau of Shipping

as its agent in classifying vessels owned by the Government and in

matters related to classification, as long as the Bureau is

maintained as an organization having no capital stock and paying no

dividends. The Secretary and the Secretary of Transportation each

shall appoint one representative (except when the Secretary is the

Secretary of Transportation, in which case the Secretary shall

appoint both representatives) who shall represent the Government on

the executive committee of the Bureau. The Bureau shall agree that

the representatives shall be accepted by it as active members of

the committee. The representatives shall serve without

compensation, except for necessary traveling expenses.

(b)(1) The Secretary may delegate to the American Bureau of

Shipping or another classification society recognized by the

Secretary as meeting acceptable standards for such a society, for a

vessel documented or to be documented under chapter 121 of this

title, the authority to -

(A) review and approve plans required for issuing a certificate

of inspection required by this part;

(B) conduct inspections and examinations; and

(C) issue a certificate of inspection required by this part and

other related documents.

(2) The Secretary may make a delegation under paragraph (1) to a

foreign classification society only -

(A) to the extent that the government of the foreign country in

which the society is headquartered delegates authority and

provides access to the American Bureau of Shipping to inspect,

certify, and provide related services to vessels documented in

that country; and

(B) if the foreign classification society has offices and

maintains records in the United States.

(3) When an inspection or examination has been delegated under

this subsection, the Secretary's delegate -

(A) shall maintain in the United States complete files of all

information derived from or necessarily connected with the

inspection or examination for at least 2 years after the vessel

ceases to be certified; and

(B) shall permit access to those files at all reasonable times

to any officer, employee, or member of the Coast Guard designated

-

(i) as a marine inspector and serving in a position as a

marine inspector; or

(ii) in writing by the Secretary to have access to those

files.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 516; Pub. L. 104-324, title

VI, Sec. 607(a), (b)(1), Oct. 19, 1996, 110 Stat. 3931, 3932.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

3316 46:9 (less (c))

46:369

46:881

--------------------------------------------------------------------

Section 3316 prescribes the relationship between certain

classification societies and the Federal Government with respect to

the promotion of maritime safety and the security of life and

property at sea. Briefly stated, a classification society, like the

American Bureau of Shipping (ABS), establishes and administers

standards for the design, construction, and periodic survey of

commercial vessels, yachts, and other marine structures.

Classification certifies adherence to these standards, thus

representing that a vessel or structure possesses the structural

and mechanical fitness required for its intended service.

The section requires that a Federal department, agency, or

instrumentality recognize the American Bureau of Shipping as its

agent for classing vessels owned by the Federal Government and in

any matters related to classification. In effect, the ABS has a

statutory monopoly on classing vessels of the United States

Government. Additionally, the section contains the authority to

permit the Secretary to rely on reports, documents, and

certificates issued by a classification society that is similar to

the American Bureau of Shipping. However, a "similar classification

society" continues to mean one that is organized like the American

Bureau of Shipping with attendant governmental representation.

AMENDMENTS

1996 - Pub. L. 104-324, Sec. 607(b)(1), substituted

"Classification societies" for "United States classification

societies" in section catchline.

Subsec. (a). Pub. L. 104-324, Sec. 607(a)(3), which directed the

substitution of "American Bureau of Shipping" for "Bureau", was

executed by making the substitution the first place appearing, to

reflect the probable intent of Congress.

Pub. L. 104-324, Sec. 607(a)(1), (2), redesignated subsec. (b) as

(a) and struck out former subsec. (a) which read as follows: "In

carrying out this part, the Secretary may rely on reports,

documents, and certificates issued by the American Bureau of

Shipping or a similar United States classification society, or an

agent of the Bureau or society."

Subsec. (b). Pub. L. 104-324, Sec. 607(a)(2), (4), redesignated

subsec. (c) as (b), added pars. (1) and (2), redesignated former

par. (2) as (3), and struck out former par. (1) which read as

follows: "To the maximum extent practicable, the Secretary may

delegate to the Bureau or a similar United States classification

society, or an agent of the Bureau or society, the inspection or

examination, in the United States or in a foreign country, of a

vessel documented or to be documented as a vessel of the United

States. The Bureau, society, or agent may issue the certificate of

inspection required by this part and other certificates essential

to documentation." Former subsec. (b) redesignated (a).

Subsec. (c). Pub. L. 104-324, Sec. 607(a)(2), redesignated

subsec. (c) as (b).

Subsec. (d). Pub. L. 104-324, Sec. 607(a)(1), struck out subsec.

(d) which read as follows: "The Secretary also may make an

agreement with or use the Bureau or a similar United States

classification society, or an agent of the Bureau or society, for

reviewing and approving plans required for issuing a certificate of

inspection."

-TRANS-

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.

-End-

-CITE-

46 USC Sec. 3317 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 33 - INSPECTION GENERALLY

-HEAD-

Sec. 3317. Fees

-STATUTE-

(a) The Secretary may prescribe by regulation fees for inspecting

or examining a small passenger vessel or a sailing school vessel.

(b) When an inspection or examination under this part of a

documented vessel or a foreign vessel is conducted at a foreign

port or place at the request of the owner or managing operator of

the vessel, the owner or operator shall reimburse the Secretary for

the travel and subsistence expenses incurred by the personnel

assigned to perform the inspection or examination. Amounts received

as reimbursement for these expenses shall be credited to the

appropriation for operating expenses of the Coast Guard.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 517; Pub. L. 102-587, title

V, Sec. 5211, Nov. 4, 1992, 106 Stat. 5076.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

3317 46:390a(b)

46:382b-1

--------------------------------------------------------------------

Section 3317 provides the regulatory authority for prescribing

fees for the inspection of small passenger vessels and sailing

school vessels. Although section 2110 generally prohibits fees of

this nature, this provision is consistent with the exception that

permits specific statutory authorization for fee collection.

Subsection (b) requires the reimbursement of expenses for the

conduct of an inspection or examination at a foreign port or place

when done there for the convenience of the owner or operator of the

vessel.

AMENDMENTS

1992 - Subsec. (b). Pub. L. 102-587 substituted "under this part

of a documented vessel or a foreign vessel" for "under this chapter

of a documented vessel".

-TRANS-

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.

-End-

-CITE-

46 USC Sec. 3318 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 33 - INSPECTION GENERALLY

-HEAD-

Sec. 3318. Penalties

-STATUTE-

(a) Except as otherwise provided in this part, the owner,

charterer, managing operator, agent, master, or individual in

charge of a vessel operated in violation of this part or a

regulation prescribed under this part, and a person violating a

regulation that applies to a small passenger vessel, freight vessel

of less than 100 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, or sailing school vessel, are 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.

(b)(1) A person that knowingly manufactures, sells, offers for

sale, or possesses with intent to sell, any equipment subject to

this part, and the equipment is so defective as to be insufficient

to accomplish the purpose for which it is intended, commits a class

D felony.

(2) A person commits a class D felony if the person -

(A) alters or services lifesaving, fire safety, or any other

equipment subject to this part for compensation; and

(B) by that alteration or servicing, intentionally renders that

equipment unsafe and unfit for the purpose for which it is

intended.

(c) A person that employs a means or device whereby a boiler may

be subjected to a pressure greater than allowed by the terms of the

vessel's certificate of inspection commits a class D felony.

(d) A person that deranges or hinders the operation of any

machinery or device employed on a vessel to denote the state of

steam or water in any boiler or to give warning of approaching

danger, or permits the water level of any boiler when in operation

of a vessel to fall below its prescribed low-water line, commits a

class D felony.

(e) A person that alters, defaces, obliterates, removes, or

destroys any plans or specifications required by and approved under

a regulation prescribed under section 3306 of this title, with

intent to deceive or impede any official of the United States in

carrying out that official's duties, commits a class A misdemeanor.

(f) A person commits a class D felony.(!1) if the person -

(1) forges or counterfeits with intent to make it appear

genuine any mark or stamp prescribed for material to be tested

and approved under section 3306 of this title or a regulation

prescribed under section 3306;

(2) knowingly uses, affixes, or causes to be used or affixed,

any such forged or counterfeited mark or stamp to or on material

of any description;

(3) with fraudulent intent, possesses any such mark, stamp, or

other device knowing it to be forged or counterfeited; or

(4) with fraudulent intent, marks or causes to be marked with

the trademark or name of another, material required to be tested

and approved under section 3306 of this title or a regulation

prescribed under section 3306.

(g) A person is liable to the Government for a civil penalty of

not more than $5,000, if the person -

(1) interferes with the inspection of a nautical school vessel;

(2) violates a regulation prescribed for a nautical school

vessel;

(3) is an owner of a nautical school vessel operated in

violation of this part; or

(4) is an officer or member of the board of directors of a

school, organization, association, partnership, or corporation

owning a nautical school vessel operated in violation of a

regulation prescribed for a nautical school vessel.

(h) An owner, charterer, managing operator, agent, master, or

individual in charge of a vessel that fails to give the notice

required by section 3304(b) of this title is liable to the

Government for a civil penalty of not more than $1,000. The vessel

also is liable in rem for the penalty.

(i) A person violating section 3309(c) of this title is liable to

the Government for a civil penalty of not more than $1,000.

(j)(1) An owner, charterer, managing operator, agent, master, or

individual in charge of a vessel required to be inspected under

this chapter operating the vessel without the certificate of

inspection is liable to the Government for a civil penalty of not

more than $10,000 for each day during which the violation occurs,

except when the violation involves operation of a vessel of less

than 1,600 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, the penalty is not more than $2,000 for each day during

which the violation occurs. The vessel also is liable in rem for

the penalty.

(2) A person is not liable for a penalty under this subsection if

-

(A) the owner, charterer, managing operator, agent, master, or

individual in charge of the vessel has notified the Secretary

under section 3309(c) of this title;

(B) the owner, charterer, managing operator, agent, master, or

individual in charge of the vessel has complied with all other

directions and requirements for obtaining an inspection under

this part; and

(C) the Secretary believes that unforeseen circumstances exist

so that it is not feasible to conduct a scheduled inspection

before the expiration of the certificate of inspection.

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

individual in charge of a vessel failing to comply with a direction

issued by the Secretary under section 3311(b) of this title is

liable to the Government for a civil penalty of not more than

$10,000 for each day during which the violation occurs. The vessel

also is liable in rem for the penalty.

(l) A person committing an act described by subsections (b)-(f)

of this section is liable to the Government for a civil penalty of

not more than $5,000. If the violation involves the operation of a

vessel, the vessel also is liable in rem for the penalty.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 517; Pub. L. 98-498, title

II, Sec. 211(c), Oct. 19, 1984, 98 Stat. 2304; Pub. L. 99-307, Sec.

1(6), May 19, 1986, 100 Stat. 445; Pub. L. 101-380, title IV, Sec.

4302(b), Aug. 18, 1990, 104 Stat. 538; Pub. L. 104-324, title III,

Sec. 310, title VII, Sec. 713, Oct. 19, 1996, 110 Stat. 3919,

3936.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

3318 46:369(e)

46:390d

46:398

46:403

46:407

46:408

46:410

46:413

46:436

46:481(d)

46:1295f(d)(2), (3)

--------------------------------------------------------------------

Section 3318 provides for a number of specific civil and criminal

penalties.

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-324, Sec. 713(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 "100 gross

tons".

Subsec. (b)(1). Pub. L. 104-324, Sec. 310, designated existing

provisions as par. (1) and added par. (2).

Subsec. (j)(1). Pub. L. 104-324, Sec. 713(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 "1,600 gross

tons".

1990 - Subsec. (b). Pub. L. 101-380, Sec. 4302(b)(1), substituted

"commits a class D felony" for "shall be fined not more than

$10,000, imprisoned for not more than 5 years, or both".

Subsec. (c). Pub. L. 101-380, Sec. 4302(b)(2), substituted

"commits a class D felony" for "shall be fined not more than

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

Subsec. (d). Pub. L. 101-380, Sec. 4302(b)(3), substituted

"commits a class D felony" for "shall be fined not more than

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

Subsec. (e). Pub. L. 101-380, Sec. 4302(b)(4), substituted

"commits a class A misdemeanor" for "shall be fined not more than

$10,000, imprisoned for not more than 2 years, or both".

Subsec. (f). Pub. L. 101-380, Sec. 4302(b)(5), substituted

"commits a class D felony." for "shall be fined not less than

$1,000 but not more than $10,000, and imprisoned for not less than

2 years but not more than 5 years,".

1986 - Subsec. (f). Pub. L. 99-307 in provision preceding par.

(1) substituted "than" for "then" in two places.

1984 - Subsec. (a). Pub. L. 98-498, Sec. 211(c)(1), substituted

"Except as otherwise provided in this part, the" for "The" and "not

more than $5,000" for "$1,000, except that when the violation

involves operation of a barge, the penalty is $500".

Subsec. (c). Pub. L. 98-498, Sec. 211(c)(2), substituted "$5,000"

for "$2,000".

Subsec. (d). Pub. L. 98-498, Sec. 211(c)(3), substituted "$5,000"

for "$2,000".

Subsec. (e). Pub. L. 98-498, Sec. 211(c)(4), substituted

"$10,000" for "$2,000".

Subsec. (f). Pub. L. 98-498, Sec. 211(c)(5), substituted

"$10,000" for "$5,000".

Subsec. (g). Pub. L. 98-498, Sec. 211(c)(6), substituted "is

liable to the Government for a civil penalty of not more than

$5,000" for "shall be fined not more than $10,000, imprisoned for

not more than one year, or both".

Subsec. (h). Pub. L. 98-498, Sec. 211(c)(7), substituted

"Government for a civil penalty of not more than $1,000." for

"United States Government for a civil penalty of not more than

$500."

Subsecs. (i) to (l). Pub. L. 98-498, Sec. 211(c)(8), added

subsecs. (i) to (l).

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-380 applicable to incidents occurring

after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out

as an Effective Date note under section 2701 of Title 33,

Navigation and Navigable Waters.

-FOOTNOTE-

(!1) So in original. The period probably should be a comma.

-End-