-CITE-

46 USC CHAPTER 21 - GENERAL 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part A - General Provisions

CHAPTER 21 - GENERAL

-HEAD-

CHAPTER 21 - GENERAL

-MISC1-

Sec.

2101. General definitions.

2102. Limited definitions.

2103. Superintendence of the merchant marine.

2104. Delegation.

2105. Report.

2106. Liability in rem.

2107. Civil penalty procedures.

2108. Refund of penalties.

2109. Public vessels.

2110. Fees.

2111. Pay for overtime services.

2112. Authority to change working hours.

2113. Authority to exempt certain vessels.

2114. Protection of seamen against discrimination.

2115. Civil penalty to enforce alcohol and dangerous drug

testing.

HISTORICAL AND REVISION NOTES

Chapter 21 contains definitions that are general in nature and

applicable to all references within Subtitle II - Vessels and

Seamen. The chapter provides the basic authority and responsibility

for the enforcement and administration of this subtitle with

appropriate delegation and reporting requirements.

AMENDMENTS

1996 - Pub. L. 104-324, title III, Sec. 303(b), Oct. 19, 1996,

110 Stat. 3917, added item 2115.

1990 - Pub. L. 101-508, title X, Sec. 10401(b), Nov. 5, 1990, 104

Stat. 1388-398, substituted "Fees" for "Fees prohibited" in item

2110.

1984 - Pub. L. 98-557, Sec. 13(b), Oct. 30, 1984, 98 Stat. 2864,

added item 2114.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 16 section 1862.

-End-

-CITE-

46 USC Sec. 2101 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part A - General Provisions

CHAPTER 21 - GENERAL

-HEAD-

Sec. 2101. General definitions

-STATUTE-

In this subtitle -

(1) "associated equipment" -

(A) means -

(i) a system, accessory, component, or appurtenance of a

recreational vessel; or

(ii) a marine safety article intended for use on board a

recreational vessel; but

(B) does not include radio equipment.

(2) "barge" means a non-self-propelled vessel.

(3) "Boundary Line" means a line established under section 2(b)

of the Act of February 19, 1895 (33 U.S.C. 151).

(3a) "citizen of the United States" means a national of the

United States as defined in section 101(a)(22) of the Immigration

and Nationality Act (8 U.S.C. 1101(a)(22)) or an individual

citizen of the Trust Territory of the Pacific Islands who is

exclusively domiciled in the Northern Mariana Islands within the

meaning of section 1005(e) of the Covenant to establish a

Commonwealth of the Northern Mariana Islands in Political Union

with the United States of America (48 U.S.C. 1681 note).(!1)

(4) "Coast Guard" means the organization established and

continued under section 1 of title 14.

(5) "commercial service" includes any type of trade or business

involving the transportation of goods or individuals, except

service performed by a combatant vessel.

(5a) "consideration" means an economic benefit, inducement,

right, or profit including pecuniary payment accruing to an

individual, person, or entity, but not including a voluntary

sharing of the actual expenses of the voyage, by monetary

contribution or donation of fuel, food, beverage, or other

supplies.

(6) "consular officer" means an officer or employee of the

United States Government designated under regulations to grant

visas.

(7) "crude oil" means a liquid hydrocarbon mixture occurring

naturally in the earth, whether or not treated to render it

suitable for transportation, and includes crude oil from which

certain distillate fractions may have been removed, and crude oil

to which certain distillate fractions may have been added.

(8) "crude oil tanker" means a tanker engaged in the trade of

carrying crude oil.

(8a) "dangerous drug" means a narcotic drug, a controlled

substance, or a controlled substance analog (as defined in

section 102 of the Comprehensive Drug Abuse (!2) and Control Act

of 1970 (21 U.S.C. 802)).

(9) "discharge", when referring to a substance discharged from

a vessel, includes spilling, leaking, pumping, pouring, emitting,

emptying, or dumping, however caused.

(10) "documented vessel" means a vessel for which a certificate

of documentation has been issued under chapter 121 of this title.

(10a) "Exclusive Economic Zone" means the zone established by

Presidential Proclamation Numbered 5030, dated March 10, 1983.

(11) "fish" means finfish, mollusks, crustaceans, and all other

forms of marine animal and plant life, except marine mammals and

birds.

(11a) "fishing vessel" means a vessel that commercially engages

in the catching, taking, or harvesting of fish or an activity

that can reasonably be expected to result in the catching,

taking, or harvesting of fish.

(11b) "fish processing vessel" means a vessel that commercially

prepares fish or fish products other than by gutting,

decapitating, gilling, skinning, shucking, icing, freezing, or

brine chilling.

(11c) "fish tender vessel" means a vessel that commercially

supplies, stores, refrigerates, or transports fish, fish

products, or materials directly related to fishing or the

preparation of fish to or from a fishing, fish processing, or

fish tender vessel or a fish processing facility.

(12) "foreign vessel" means a vessel of foreign registry or

operated under the authority of a country except the United

States.

(13) "freight vessel" means a motor vessel of 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

that carries freight for hire, except an oceanographic research

vessel or an offshore supply vessel.

(13a) "Great Lakes barge" means a non-self-propelled vessel of

at least 3,500 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 operating on the Great Lakes.

(14) "hazardous material" means a liquid material or substance

that is -

(A) flammable or combustible;

(B) designated a hazardous substance under section 311(b) of

the Federal Water Pollution Control Act (33 U.S.C. 1321); or

(C) designated a hazardous material under section 5103(a) of

title 49;

(14a) "major conversion" means a conversion of a vessel that -

(A) substantially changes the dimensions or carrying capacity

of the vessel;

(B) changes the type of the vessel;

(C) substantially prolongs the life of the vessel; or

(D) otherwise so changes the vessel that it is essentially a

new vessel, as decided by the Secretary.

(15) "marine environment" means -

(A) the navigable waters of the United States and the land

and resources in and under those waters;

(B) the waters and fishery resources of an area over which

the United States asserts exclusive fishery management

authority;

(C) the seabed and subsoil of the outer Continental Shelf of

the United States, the resources of the Shelf, and the waters

superjacent to the Shelf; and

(D) the recreational, economic, and scenic values of the

waters and resources referred to in subclauses (A)-(C) of this

clause.

(15a) "mobile offshore drilling unit" means a vessel capable of

engaging in drilling operations for the exploration or

exploitation of subsea resources.

(16) "motor vessel" means a vessel propelled by machinery other

than steam.

(17) "nautical school vessel" means a vessel operated by or in

connection with a nautical school or an educational institution

under section 558 of title 40.

(17a) "navigable waters of the United States" includes all

waters of the territorial sea of the United States as described

in Presidential Proclamation No. 5928 of December 27, 1988.

(17b) "numbered vessel" means a vessel for which a number has

been issued under chapter 123 of this title.

(18) "oceanographic research vessel" means a vessel that the

Secretary finds is being employed only in instruction in

oceanography or limnology, or both, or only in oceanographic or

limnological research, including those studies about the sea such

as seismic, gravity meter, and magnetic exploration and other

marine geophysical or geological surveys, atmospheric research,

and biological research.

(19) "offshore supply vessel" means a motor vessel of more than

15 gross tons but less 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 that regularly carries goods,

supplies, individuals in addition to the crew, or equipment in

support of exploration, exploitation, or production of offshore

mineral or energy resources.

(20) "oil" includes oil of any type or in any form, including

petroleum, fuel oil, sludge, oil refuse, and oil mixed with

wastes except dredged spoil.

(20a) "oil spill response vessel" means a vessel that is

designated in its certificate of inspection as such a vessel, or

that is adapted to respond to a discharge of oil or a hazardous

material.

(20b) "overall in length" means -

(A) for a foreign vessel or a vessel engaged on a foreign

voyage, the greater of -

(i) 96 percent of the length on a waterline at 85 percent

of the least molded depth measured from the top of the keel

(or on a vessel designed with a rake of keel, on a waterline

parallel to the designed waterline); or

(ii) the length from the fore side of the stem to the axis

of the rudder stock on that waterline; and

(B) for any other vessel, the horizontal distance of the hull

between the foremost part of the stem and the aftermost part of

the stern, excluding fittings and attachments.

(21) "passenger" -

(A) means an individual carried on the vessel except -

(i) the owner or an individual representative of the owner

or, in the case of a vessel under charter, an individual

charterer or individual representative of the charterer;

(ii) the master; or

(iii) a member of the crew engaged in the business of the

vessel who has not contributed consideration for carriage and

who is paid for on board services;

(B) on an offshore supply vessel, means an individual carried

on the vessel except -

(i) an individual included in clause (i), (ii), or (iii) of

subparagraph (A) of this paragraph;

(ii) an employee of the owner, or of a subcontractor to the

owner, engaged in the business of the owner;

(iii) an employee of the charterer, or of a subcontractor

to the charterer, engaged in the business of the charterer;

or

(iv) an individual employed in a phase of exploration,

exploitation, or production of offshore mineral or energy

resources served by the vessel;

(C) on a fishing vessel, fish processing vessel, or fish

tender vessel, means an individual carried on the vessel except

-

(i) an individual included in clause (i), (ii), or (iii) of

subparagraph (A) of this paragraph;

(ii) a managing operator;

(iii) an employee of the owner, or of a subcontractor to

the owner, engaged in the business of the owner;

(iv) an employee of the charterer, or of a subcontractor to

the charterer, engaged in the business of the charterer; or

(v) an observer or sea sampler on board the vessel pursuant

to a requirement of State or Federal law; or

(D) on a sailing school vessel, means an individual carried

on the vessel except -

(i) an individual included in clause (i), (ii), or (iii) of

subparagraph (A) of this paragraph;

(ii) an employee of the owner of the vessel engaged in the

business of the owner, except when the vessel is operating

under a demise charter;

(iii) an employee of the demise charterer of the vessel

engaged in the business of the demise charterer; or

(iv) a sailing school instructor or sailing school student.

(21a) "passenger for hire" means a passenger for whom

consideration is contributed as a condition of carriage on the

vessel, whether directly or indirectly flowing to the owner,

charterer, operator, agent, or any other person having an

interest in the vessel.

(22) "passenger vessel" means a vessel of at least 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 -

(A) carrying more than 12 passengers, including at least one

passenger for hire;

(B) that is chartered and carrying more than 12 passengers;

or

(C) that is a submersible vessel carrying at least one

passenger for hire.

(23) "product carrier" means a tanker engaged in the trade of

carrying oil except crude oil.

(24) "public vessel" means a vessel that -

(A) is owned, or demise chartered, and operated by the United

States Government or a government of a foreign country; and

(B) is not engaged in commercial service.

(25) "recreational vessel" means a vessel -

(A) being manufactured or operated primarily for pleasure; or

(B) leased, rented, or chartered to another for the latter's

pleasure.

(26) "recreational vessel manufacturer" means a person engaged

in the manufacturing, construction, assembly, or importation of

recreational vessels, components, or associated equipment.

(27) "sailing instruction" means teaching, research, and

practical experience in operating vessels propelled primarily by

sail and may include -

(A) any subject related to that operation and to the sea,

including seamanship, navigation, oceanography, other nautical

and marine sciences, and maritime history and literature; and

(B) only when in conjunction with a subject referred to in

subclause (A) of this clause, instruction in mathematics and

language arts skills to sailing school students having learning

disabilities.

(28) "sailing school instructor" means an individual who is on

board a sailing school vessel to provide sailing instruction, but

does not include an operator or crewmember who is among those

required to be on board the vessel to meet a requirement

established under part F of this subtitle.

(29) "sailing school student" means an individual who is on

board a sailing school vessel to receive sailing instruction.

(30) "sailing school vessel" means a vessel -

(A) that is less 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) carrying more than 6 individuals who are sailing school

instructors or sailing school students;

(C) principally equipped for propulsion by sail, even if the

vessel has an auxiliary means of propulsion; and

(D) owned or demise chartered, and operated by an

organization described in section 501(c)(3) of the Internal

Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and exempt from tax

under section 501(a) of that Code, or by a State or political

subdivision of a State, during times that the vessel is

operated by the organization, State, or political subdivision

only for sailing instruction.

(31) "scientific personnel" means individuals on board an

oceanographic research vessel only to engage in scientific

research, or to instruct or receive instruction in oceanography

or limnology.

(32) "seagoing barge" means a non-self-propelled vessel of at

least 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 making voyages beyond the Boundary Line.

(33) "seagoing motor vessel" means a motor vessel of at least

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

making voyages beyond the Boundary Line.

(34) "Secretary", except in part H, means the head of the

department in which the Coast Guard is operating.

(35) "small passenger vessel" means a wing-in-ground craft,

regardless of tonnage, carrying at least one passenger for hire,

and a 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 -

(A) carrying more than 6 passengers, including at least one

passenger for hire;

(B) that is chartered with the crew provided or specified by

the owner or the owner's representative and carrying more than

6 passengers;

(C) that is chartered with no crew provided or specified by

the owner or the owner's representative and carrying more than

12 passengers; or

(D) that is a submersible vessel carrying at least one

passenger for hire.

(36) "State" means a State of the United States, Guam, Puerto

Rico, the Virgin Islands, American Samoa, the District of

Columbia, the Northern Mariana Islands, and any other territory

or possession of the United States.

(37) "steam vessel" means a vessel propelled in whole or in

part by steam, except a recreational vessel of not more than 40

feet in length.

(37a) "submersible vessel" means a vessel that is capable of

operating below the surface of the water.

(38) "tanker" means a self-propelled tank vessel constructed or

adapted primarily to carry oil or hazardous material in bulk in

the cargo spaces.

(39) "tank vessel" means a vessel that is constructed or

adapted to carry, or that carries, oil or hazardous material in

bulk as cargo or cargo residue, and that -

(A) is a vessel of the United States;

(B) operates on the navigable waters of the United States; or

(C) transfers oil or hazardous material in a port or place

subject to the jurisdiction of the United States.

(40) "towing vessel" means a commercial vessel engaged in or

intending to engage in the service of pulling, pushing, or

hauling along side, or any combination of pulling, pushing, or

hauling along side.

(41) "undocumented" means not having and not required to have a

document issued under chapter 121 of this title.

(42) "uninspected passenger vessel" means an uninspected vessel

-

(A) of at least 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 -

(i) carrying not more than 12 passengers, including at

least one passenger for hire; or

(ii) that is chartered with the crew provided or specified

by the owner or the owner's representative and carrying not

more than 12 passengers; and

(B) 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 -

(i) carrying not more than 6 passengers, including at least

one passenger for hire; or

(ii) that is chartered with the crew provided or specified

by the owner or the owner's representative and carrying not

more than 6 passengers.

(43) "uninspected vessel" means a vessel not subject to

inspection under section 3301 of this title that is not a

recreational vessel.

(44) "United States", when used in a geographic sense, means

the States of the United States, Guam, Puerto Rico, the Virgin

Islands, American Samoa, the District of Columbia, the Northern

Mariana Islands, and any other territory or possession of the

United States.

(45) "vessel" has the same meaning given that term in section 3

of title 1.

(46) "vessel of the United States" means a vessel documented or

numbered under the laws of the United States or titled under the

law of a State.

(47) "vessel of war" means a vessel -

(A) belonging to the armed forces of a country;

(B) bearing the external marks distinguishing vessels of war

of that country;

(C) under the command of an officer commissioned by the

government of that country and whose name appears in the

appropriate service list or its equivalent; and

(D) staffed by a crew under regular armed forces discipline.

(48) "wing-in-ground craft" means a vessel that is capable of

operating completely above the surface of the water on a dynamic

air cushion created by aerodynamic lift due to the ground effect

between the vessel and the water's surface.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 501; Pub. L. 98-364, title

IV, Sec. 402(1), July 17, 1984, 98 Stat. 445; Pub. L. 98-454, title

III, Sec. 301(a), Oct. 5, 1984, 98 Stat. 1734; Pub. L. 98-557, Sec.

34(a), Oct. 30, 1984, 98 Stat. 2876; Pub. L. 99-307, Sec. 1(1),

(2), May 19, 1986, 100 Stat. 444; Pub. L. 99-509, title V, Sec.

5102(b)(1), Oct. 21, 1986, 100 Stat. 1926; Pub. L. 99-514, Sec. 2,

Oct. 22, 1986, 100 Stat. 2095; Pub. L. 99-640, Secs. 10(b)(1),

11(a), 13(d), Nov. 10, 1986, 100 Stat. 3549-3551; Pub. L. 100-239,

Sec. 6(a)(1), Jan. 11, 1988, 101 Stat. 1781; Pub. L. 100-424, Sec.

8(c)(1), Sept. 9, 1988, 102 Stat. 1593; Pub. L. 100-710, title I,

Sec. 104(a)(1), (2), Nov. 23, 1988, 102 Stat. 4749; Pub. L.

101-225, title II, Sec. 209, Dec. 12, 1989, 103 Stat. 1913; Pub. L.

101-380, title IV, Sec. 4103(a)(2)(A), Aug. 18, 1990, 104 Stat.

511; Pub. L. 101-595, title VI, Sec. 603(1), Nov. 16, 1990, 104

Stat. 2993; Pub. L. 102-587, title V, Sec. 5208(a), Nov. 4, 1992,

106 Stat. 5075; Pub. L. 103-206, title V, Secs. 502-510, Dec. 20,

1993, 107 Stat. 2439-2441; Pub. L. 103-272, Sec. 5(l), July 5,

1994, 108 Stat. 1375; Pub. L. 104-324, title VII, Sec. 709, title

XI, Sec. 1104(a), Oct. 19, 1996, 110 Stat. 3934, 3966; Pub. L.

105-383, title III, Sec. 301(b)(1), Nov. 13, 1998, 112 Stat. 3417;

Pub. L. 107-217, Sec. 3(m)(1), Aug. 21, 2002, 116 Stat. 1302; Pub.

L. 107-295, title IV, Sec. 419, Nov. 25, 2002, 116 Stat. 2124.)

-MISC1-

HISTORICAL AND REVISION NOTES

A number of definitions are provided because of the need to

define jurisdictional and applicability limits of various sections

to the many types and classes of vessels.

Revised section Source section (U.S. Code)

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

2101(1) 46:1452(8)

2101(2) ................

..............................

2101(3) ................

..............................

2101(4) 14:1

2101(5) 46:391a(2)(H)

2101(6) ................

..............................

2101(7) 46:391a(2)(S)

2101(8) 46:391a(2)(N)

2101(9) 46:391a(2)(A)

2101(10) 46:65(1)

2101(11) 46:65(2)

2101(12) 46:391a(2)(B)

46:597

46:599

2101(13) 46:404

46:390(e)

2101(14) 46:391a(2)(C)

2101(15) 46:391a(2)(D)

2101(16) 46:361

46:367

46:404

2101(17) 46:404

46:1295f(c)

46:1295g(e)(1)

2101(18) 46:441(1)

2101(19) 46:404-1(1)

2101(20) 46:391a(2)(E)

2101(21) 46:390(a)

46:404-1(4)

46:1452(5)

2101(22) 46:391(c)

2101(23) 46:391a(2)(O)

2101(24) 46:391a(2)(G)

2101(25) 46:1452(1)(A), (B)

2101(26) 46:1452(7)

2101(27) 46:390(f)

2101(28) 46:390(h)

2101(29) 46:390(i)

2101(30) 46:390(g)

2101(31) 46:441(2)

2101(32) 46:395(e)

2101(33) 46:367

2101(34) 33:151

46:216(b)

46:239a(b)

46:390(d)

46:391a(2)(I)

46:405(b)(1)(A)

46:481(a)

46:672(a)

46:1452(9)

2101(35) 46:390(b)

2101(36) ................

..............................

2101(37) 46:361

2101(38) 46:391a(2)(M)

2101(39) 46:391a(3)

2101(40) 46:405

2101(41) 46:1452(3)

2101(42) 46:1452(1)(C)

2101(43) 46:526

2101(44) ................

..............................

2101(45) 1:3

46:1452(2)

2101(46) 46:391a(2)(L)

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

Section 2101(1) defines the type of "associated equipment" that

is involved in the use of recreational boats that are subject to

Federal regulatory authority. This equipment is subject to a number

of controls under federally established construction and

performance standards. Radio equipment is exempt from these

regulatory controls, since this equipment continues to be regulated

by the Federal Communications Commission.

Section 2101(2) defines "barge" as a vessel that is

non-self-propelled and that is often pushed ahead, towed alongside,

or towed astern on a hawser by a towing vessel. It does not include

a vessel that is propelled by sail only.

Section 2101(3) defines "boundary line" for the establishment of

jurisdictional parameters for various maritime safety laws. Public

Law 96-324, codified at 33 U.S.C. 151, permits the Secretary to

establish appropriate identifiable lines dividing inland waters of

the U.S. from the high seas for the purpose of determining the

applicability of these laws. These laws will now be included within

subtitle II of title 46 - Shipping. These lines may not be located

more than twelve nautical miles seaward of the baseline from which

the territorial sea is measured and may differ in position for the

purposes of different parts or sections of subtitle II.

Section 2101(4) defines "Coast Guard".

Section 2101(5) provides that wherever the term "commercial

service" is used it is to include all vessels except those that are

primarily used for combatant purposes. This is to make sure that

vessels that are engaged in the transportation of goods or

individuals are subject to the applicable maritime and

environmental safety laws, even if they are sovereign controlled

vessels.

Section 2101(6) defines "consular officer" as one who has

authority to issue visas. Traditionally this person is

knowledgeable and familiar with the maritime safety and seamen's

welfare laws.

Section 2101(7) defines "crude oil" because certain equipment

requirements like inert gas systems, segregated ballast tanks,

crude oil washing systems or special ballast arrangements are

applicable only to tank vessels that carry crude oil. Crude oil is

still included within the definition of "hazardous material" and

"oil".

Section 2101(8) defines a "crude oil tanker" as one engaged in

carrying crude oil. The definition does not include a tank barge

since a tanker is defined as a self-propelled tank vessel. See also

2101(38).

Section 2101(9) makes it clear that the term "discharge" when

referring to a substance that emanates from a vessel and is related

to the marine environmental laws concerning pollution by oil or

hazardous substances.

Section 2101(10) defines a "documented vessel" as any vessel of

the United States that has been issued a certificate of

documentation that might include a register, enrollment, license,

or enrollment and license for various trades.

Section 2101(11) lists what is included in the term "fisheries"

for the purpose of documentation of vessels and is intended to be

all-inclusive of the numerous types of fishing activities.

Section 2101(12) defines "foreign vessel" as any foreign flag or

foreign operated vessel that is operated under the jurisdiction or

authority of a government other than the United States.

Section 2101(13) defines a "freight vessel" as a motor vessel or

any vessel propelled by diesel or other internal combustion engines

and that carries freight for hire.

Section 2101(14) defines "hazardous materials" as a broad range

of materials that are not only flammable or combustible but are

also designated under related maritime safety and environmental

laws.

Section 2101(15) defines "marine environment" as an all-inclusive

term that was developed to cover land and water areas that could be

affected by pollution from all vessels and not only tank vessels.

Section 2101(16) defines "motor vessel" as a vessel propelled by

machinery other than steam to make it clear that these vessels are

not steam vessels.

Section 2101(17) defines "nautical school vessel" as a vessel

that can be a privately owned and operated as well as a publicly

owned and operated school vessel.

Section 2101(18) defines "oceanographic research vessel" as a

vessel employed in oceanography or limnology research or

instruction. It is defined because this type of vessel, while not

inspected and certified as such, is subject to a number of special

statutory and regulatory requirements.

Section 2101(19) defines "offshore supply vessel" as a class of

vessel that is limited by tonnage and its employment in the mineral

and oil industry and while so employed it is not a small passenger

vessel.

Section 2101(20) defines "oil" to include oil of any type, in any

form, or in any mixture. This is the definition that originated

with marine environment and pollution laws and continues the

definition that was adopted by port and tanker safety laws.

Section 2101(21) defines the term "passengers" in relation to

various types of vessels. Due to the complexity of existing laws

with respect to the definitions of "passenger" on various

categories of vessels and the need to not make any changes of a

substantive nature that could be construed as controversial, four

definitions of "passenger" have been included.

Section 2101(22) defines "passenger vessel" as one that is at

least 100 gross tons and carries at least one passenger for hire.

Section 2101(23) defines "product carrier" as a tanker that is

engaged in carrying oil. This definition when read with the

definition of tanker means that it is a self-propelled vessel. A

tank barge carrying oil products is a tank vessel but is not

subject to the special standards or requirements for a product

carrier.

Section 2101(24) defines a "public vessel" as a governmental

vessel that is not in commercial service. It should be noted that a

sovereign-controlled foreign-flag vessel that is engaged in

commercial service is not a public vessel and is subject to

maritime safety and environment laws.

Section 2101(25) defines a "recreational vessel" as a class of

vessel whose primary purpose is for pleasure. These vessels while

not subject to inspection are subject to certain requirements of

law to improve boating safety.

Section 2101(26) defines a "recreational vessel manufacturer" as

one that is involved with not only the recreational vessels

themselves but also with their components or associated equipment.

Section 2101(27), (28), (29), and (30) provides a number of

definitions that define the type of instruction, instructor,

student, and vessel that is involved in the teaching of sailing.

Section 2101(31) defines "scientific personnel" as individuals

engaged in oceanography or limnology because they are specially

treated under various maritime safety requirements.

Section 2101(32) defines a "seagoing barge" as a vessel that is

at least 100 gross tons making voyages to sea beyond the boundary

line.

Section 2101(33) defines a "seagoing motor vessel" as a vessel

that must be a motor vessel, as defined in 2101(15), of at least

300 gross tons making voyages to sea beyond the boundary line.

Section 2101(34) defines "Secretary" so that maritime safety and

seamen's welfare jurisdiction remains within the Coast Guard at all

times.

Section 2101(35) defines "small passenger vessel" as one that is

less than 100 gross tons carrying more than six passengers as

defined in section 2101(21).

Section 2101(36) defines "State" as a State, territory or

possession of the United States and is used to establish

jurisdictional limits for the application of the various maritime

safety and environmental safety laws of this subtitle. This

definition is further limited by definitions in section 2102 that

relate to recreational boating safety and facility improvement

programs.

Section 2101(37) defines a "steam vessel" as a vessel propelled

by steam. However, steam vessels of not more than 40 feet that are

used exclusively for pleasure are not included.

Section 2101(38) defines "tanker" as a self-propelled tank vessel

that has been constructed or primarily adapted to carry oil or

hazardous material in bulk in the cargo spaces. This vessel is a

subclass of tank vessel, which is defined in section 2101(39). This

subclass definition is necessary because certain statutory minimum

requirements that are consistent with internationally accepted

standards are solely applicable to these vessels.

Section 2101(39) defines a "tank vessel" as a vessel carrying oil

or hazardous materials in bulk or residue including a tanker as

defined in section 2101(38).

Section 2101(40) defines "towing vessel" as a vessel in

commercial service that pushes, pulls, or tows alongside and

includes what is traditionally known as a tug.

Section 2101(41) defines "undocumented" which, in part,

facilitates the classification of vessels that may be numbered by

the proper issuing authority in a State.

Section 2101(42) defines an "uninspected passenger vessel" as a

vessel carrying six or less passengers.

Section 2101(43) defines an "uninspected vessel" as a vessel not

subject to inspection and certification by the Coast Guard under

section 3301. Recreational vessels and inland towing vessels are

typical uninspected vessels.

Section 2101(44) defines "United States" to establish

geographical boundaries for the applicability of the various

maritime safety and environmental safety laws of this subtitle.

This definition is further limited by definitions in section 2102

that relate to recreational boating safety and facility improvement

programs.

Section 2101(45) makes it clear that "vessel" as used in this

subtitle has the same meaning as is provided in section 3 of title

1, of the U.S.C.

Section 2101(46) defines "vessel of the United States" as a

vessel that is documented or numbered under the laws of the United

States. A documented vessel and those vessels that are numbered by

a State or Federal authority are afforded the protection of the

laws of the United States.

-REFTEXT-

REFERENCES IN TEXT

Section 1005(e) of the Covenant to establish a Commonwealth of

the Northern Mariana Islands in Political Union with the United

States of America, referred to in par. (3a), is set out as a note

under section 1801 of Title 48, Territories and Insular

Possessions.

Presidential Proclamation Numbered 5030, referred to in par.

(10a), is set out under section 1453 of Title 16, Conservation.

Presidential Proclamation No. 5928, referred to in par. (17a), is

set out under section 1331 of Title 43, Public Lands.

-MISC2-

AMENDMENTS

2002 - Par. (17). Pub. L. 107-217 substituted "section 558 of

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

1986".

Par. (35). Pub. L. 107-295, Sec. 419(a), inserted "a

wing-in-ground craft, regardless of tonnage, carrying at least one

passenger for hire, and" after " 'small passenger vessel' means" in

introductory provisions.

Par. (48). Pub. L. 107-295, Sec. 419(b), added par. (48).

1998 - Pars. (17a), (17b). Pub. L. 105-383 added par. (17a) and

redesignated former par. (17a) as (17b).

1996 - Par. (13). Pub. L. 104-324, Sec. 709(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 "15 gross tons".

Par. (13a). Pub. L. 104-324, Sec. 709(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 "3,500 gross tons".

Par. (19). Pub. L. 104-324, Sec. 709(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".

Par. (20a). Pub. L. 104-324, Sec. 1104(a)(2), added par. (20a).

Former par. (20a) redesignated (20b).

Par. (20b). Pub. L. 104-324, Sec. 1104(a)(1), redesignated par.

(20a) as (20b).

Par. (22). Pub. L. 104-324, Sec. 709(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 "100 gross tons".

Par. (30)(A). Pub. L. 104-324, Sec. 709(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 "500 gross tons".

Par. (32). Pub. L. 104-324, Sec. 709(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 "100 gross tons".

Par. (33). Pub. L. 104-324, Sec. 709(7), 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".

Par. (35). Pub. L. 104-324, Sec. 709(8), 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".

Par. (42). Pub. L. 104-324, Sec. 709(9), 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" in

subpars. (A) and (B).

1994 - Par. (14)(C). Pub. L. 103-272 substituted "section 5103(a)

of title 49" for "section 104 of the Hazardous Materials

Transportation Act (49 App. U.S.C. 1803)".

1993 - Par. (5a). Pub. L. 103-206, Sec. 507, added par. (5a).

Par. (19). Pub. L. 103-206, Sec. 508, inserted "individuals in

addition to the crew," after "supplies," and struck out "and is not

a small passenger vessel" after "resources".

Par. (21). Pub. L. 103-206, Sec. 502, amended par. (21)

generally, substituting subpars. (A) to (D) defining "passenger"

for former subpars. (A) to (F) defining "passenger".

Par. (21a). Pub. L. 103-206, Sec. 506, added par. (21a).

Par. (22). Pub. L. 103-206, Sec. 503, amended par. (22)

generally. Prior to amendment, par. (22) read as follows: "

'passenger vessel' means a vessel of at least 100 gross tons

carrying at least one passenger for hire."

Par. (30)(B). Pub. L. 103-206, Sec. 509, substituted "more than

6" for "at least 6".

Par. (35). Pub. L. 103-206, Sec. 504, amended par. (35)

generally. Prior to amendment, par. (35) read as follows: " 'small

passenger vessel' means a vessel of less than 100 gross tons

carrying more than 6 passengers (as defined in clause (21)(B) and

(C) of this section)."

Par. (37a). Pub. L. 103-206, Sec. 510, added par. (37a).

Par. (42). Pub. L. 103-206, Sec. 505, amended par. (42)

generally. Prior to amendment, par. (42) read as follows: "

'uninspected passenger vessel' means an uninspected vessel carrying

not more than 6 passengers."

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

1990 - Par. (8a). Pub. L. 101-380 added par. (8a).

Par. (14)(C). Pub. L. 101-595 substituted "(49 App. U.S.C. 1803)"

for "(49 U.S.C. 1803)".

1989 - Par. (17a). Pub. L. 101-225 added par. (17a).

1988 - Par. (10a). Pub. L. 100-239 added par. (10a).

Par. (14a). Pub. L. 100-424 added par. (14a).

Par. (34). Pub. L. 100-710, Sec. 104(a)(1), inserted ", except in

part H," before "means".

Par. (46). Pub. L. 100-710, Sec. 104(a)(2), inserted "or titled

under the law of a State" before period at end.

1986 - Par. (11b). Pub. L. 99-640, Sec. 10(b)(1), inserted

"freezing,".

Par. (14)(C). Pub. L. 99-307, Sec. 1(1), substituted "Materials"

for "Material".

Par. (15a). Pub. L. 99-640, Sec. 11(a), added par. (15a).

Par. (17). Pub. L. 99-640, Sec. 13(d), inserted "or an

educational institution under section 13 of the Coast Guard

Authorization Act of 1986".

Par. (20a). Pub. L. 99-509, Sec. 5102(b)(1)(A), added par. (20a).

Par. (21)(A)(ii). Pub. L. 99-307, Sec. 1(2)(A), inserted "or

other individual engaged in the business of the vessel who has not

contributed consideration for carriage on board the vessel" after

"crewmember".

Par. (21)(B). Pub. L. 99-307, Sec. 1(2)(D), struck out "or a

sailing school vessel," after "passenger vessel".

Par. (21)(B)(v) to (vii). Pub. L. 99-307, Sec. 1(2)(B), added

cls. (v) and (vi) and struck out former cls. (v) to (vii) which

read as follows:

"(v) a guest on board a vessel that is being operated only for

pleasure, or a guest on board a sailing school vessel, who has not

contributed consideration for carriage on board;

"(vi) an individual on board a towing vessel of at least 50 gross

tons who has not contributed consideration for carriage on board;

or

"(vii) a sailing school instructor or sailing school student."

Par. (21)(F). Pub. L. 99-307, Sec. 1(2)(C), added subpar. (F).

Par. (30)(D). Pub. L. 99-514 substituted "Internal Revenue Code

of 1986" for "Internal Revenue Code of 1954".

Par. (47). Pub. L. 99-509, Sec. 5102(b)(1)(B), added par. (47).

1984 - Par. (3a). Pub. L. 98-454 added par. (3a).

Par. (11). Pub. L. 98-364, Sec. 402(1)(A), substituted " 'fish'

means finfish, mollusks, crustaceans, and all other forms of marine

animal and plant lift, except marine mammals and birds" for "

'fisheries' includes planting, cultivating, catching, taking, or

harvesting fish, shellfish, marine animals, pearls, shells, or

marine vegetation at a place in the fishery conservation zone

established by section 101 of the Magnuson Fishery Conservation and

Management Act of 1976 (16 U.S.C. 1811)", which is now covered in

section 12101 of this title.

Pars. (11a) to (11c). Pub. L. 98-364, Sec. 402(1)(B), added pars.

(11a) to (11c).

Par. (21)(B). Pub. L. 98-557, Sec. 34(a)(1), inserted reference

to a sailing school vessel in provisions preceding cl. (i).

Par. (21)(E). Pub. L. 98-364, Sec. 402(1)(C), added subpar. (E).

Par. (27). Pub. L. 98-557, Sec. 34(a)(2), designated existing

provisions as subpar. (A) and added subpar. (B).

EFFECTIVE DATE OF 1992 AMENDMENT

Section 5208(c), (d) of Pub. L. 102-587 provided that:

"(c) For Great Lakes barges placed in operation after the date of

enactment of this Act [Nov. 4, 1992], the amendments made by this

section [amending this section and section 3301 of this title] take

effect on the date of enactment of this Act.

"(d)(1) For Great Lakes barges in operation on the date of

enactment of this Act, the amendments made by this section take

effect one year after the date of enactment of this Act.

"(2) The Secretary of Transportation may impose reasonable

interim requirements to assure safe operation of the barges

affected by paragraph (1)."

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.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-710 effective Jan. 1, 1989, with certain

exceptions and qualifications, see section 107 of Pub. L. 100-710,

set out as an Effective Date note under section 30101 of this

title.

SHORT TITLE OF 2002 AMENDMENT

Pub. L. 107-295, Sec. 1(a), Nov. 25, 2002, 116 Stat. 2064,

provided that: "This Act [see Tables for classification] may be

cited as the 'Maritime Transportation Security Act of 2002'."

Pub. L. 107-295, title II, Sec. 201, Nov. 25, 2002, 116 Stat.

2093, provided that: "This title [enacting section 1902a of Title

33, Navigation and Navigable Waters, amending sections 3302, 12111,

31325, and 31343 of this title, sections 808 and 883 of the

Appendix to this title, section 5313 of Title 5, Government

Organization and Employees, and section 102 of Title 49,

Transportation, enacting provisions set out as notes under sections

12106 and 12111 of this title and section 102 of Title 49, and

amending provisions set out as notes under section 12106 of this

title] may be cited as the 'Maritime Policy Improvement Act of

2002'."

SHORT TITLE OF 1998 AMENDMENT

Pub. L. 105-277, div. C, title II, Sec. 201, Oct. 21, 1998, 112

Stat. 2681-616, provided that: "This title [amending sections

12102, 12122, and 31322 of this title, enacting provisions set out

as notes under section 12102 of this title and section 1851 of

Title 16, Conservation, amending provisions set out as a note under

section 1274 of the Appendix to this title, and repealing

provisions set out as a note under section 12102 of this title] may

be cited as the 'American Fisheries Act'."

SHORT TITLE OF 1996 AMENDMENT

Section 601 of title VI of Pub. L. 104-324 provided that: "This

title [enacting sections 3103 and 3201 to 3205 of this title,

amending sections 3306 to 3309, 3316, and 3710 of this title, and

enacting provisions set out as notes under sections 3201 and 3306

of this title] may be cited as the 'Coast Guard Regulatory Reform

Act of 1996'."

SHORT TITLE OF 1993 AMENDMENT

Section 501 of title V of Pub. L. 103-206 provided that: "This

title [amending this section and sections 2113, 3306, and 4105 of

this title and enacting provisions set out as notes under this

section and section 3306 of this title] may be cited as the

'Passenger Vessel Safety Act of 1993'."

SHORT TITLE OF 1990 AMENDMENT

Section 601 of title VI of Pub. L. 101-595 provided that: "This

title [amending this section and sections 2102, 3302, 4502, 5102,

5114, 8103, 8104, 8702, 12109, 12501, 12503, 12505, and 31308 of

this title, repealing sections 4104, 5115, 8105, and 14102 of this

title, and enacting provisions set out as notes under sections 4502

and 7306 of this title] may be cited as the 'Aleutian Trade Act of

1990'."

SHORT TITLE OF 1988 AMENDMENTS

Section 1 of Pub. L. 100-424 provided that: "This Act [enacting

chapter 106 and sections 4505 to 4508 and 6104 of this title,

amending this section and sections 3102, 3701, 4101, 4102, 4501 to

4504, and 6103 of this title, repealing sections 531 to 534 of the

Appendix to this title, and enacting provisions set out as notes

under sections 4501, 4502, 4508, and 7101 of this title] may be

cited as the 'Commercial Fishing Industry Vessel Safety Act of

1988'."

Section 1 of Pub. L. 100-239 provided that: "This Act [enacting

section 8704 of this title, amending this section, sections 8103,

8702, 12101, 12102, 12106 to 12108 of this title, sections 251 and

883 of the Appendix to this title, and section 1802 of title 16,

Conservation, and enacting provisions set out as notes under

sections 8103, 8704, 12102, 12105, and 12108 of this title and

section 883 of the Appendix of this title] may be cited as the

'Commercial Fishing Industry Vessel Anti-Reflagging Act of 1987'."

SHORT TITLE OF 1984 AMENDMENT

Section 401 of title IV of Pub. L. 98-364 provided that: "This

title [enacting sections 4501 to 4504, and 7311a of this title,

amending this section and sections 3301, 3302, 3304, 3306, 3702,

7111, 7301, 7306, 7312, 8102, 8104, 8701, 8702, 10101, 11108,

11109, and 12101 of this title and enacting provisions set out as a

note under section 3302 of this title] may be cited as the

'Commercial Fishing Industry Vessel Act'."

-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.

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-MISC3-

FISHING AND FISH TENDER VESSELS

Section 321 of Pub. L. 103-206 provided that:

"(a) In this section, 'fish tender vessel', 'fishing vessel', and

'tank vessel' have the meanings given those terms under section

2101 of title 46, United States Code.

"(b) A fishing vessel or fish tender vessel of not more than 750

gross tons, when engaged only in the fishing industry, shall not be

deemed to be a tank vessel for the purposes of any law.

"(c)(1) This section does not affect the authority of the

Secretary of Transportation under chapter 33 of title 46, United

States Code, to regulate the operation of the vessels listed in

subsection (b) to ensure the safe carriage of oil and hazardous

substances.

"(2) This section does not affect the requirement for fish tender

vessels engaged in the Aleutian trade to comply with chapters 33,

45, 51, 81, and 87 of title 46, United States Code, as provided in

the Aleutian Trade Act of 1990 (Public Law 101-595) [see Short

Title of 1990 Amendment note above]."

APPLICABILITY DATE FOR REVISED REGULATIONS

Section 513 of Pub. L. 103-206 provided that:

"(a) Applicability Date for Certain Chartered Vessels. - Revised

regulations governing small passenger vessels and passenger vessels

(as the definitions of those terms in section 2101 of title 46,

United States Code, are amended by this Act) shall not, before the

date that is 6 months after the date of enactment of this Act [Dec.

20, 1993], apply to such vessels when chartered with no crew

provided.

"(b) Extension of Period. - The Secretary of the department in

which the Coast Guard is operating shall extend for up to 30

additional months or until issuance of a certificate of inspection,

whichever occurs first, the period of inapplicability specified in

subsection (a) if the owner of the vessel concerned carries out the

provisions of subsection (c) to the satisfaction of the Secretary.

"(c) Conditions for Extension. - To receive an extension

authorized by subsection (b), the owner of the vessel shall -

"(1) make application for inspection with the Coast Guard

within 6 months after the date of enactment of this Act [Dec. 20,

1993];

"(2) make the vessel available for examination by the Coast

Guard prior to the carriage of passengers;

"(3)(A) correct especially any hazardous conditions involving

the vessel's structure, electrical system, and machinery

installation, such as (i) grossly inadequate, missing, unsound,

or severely deteriorated frames or major structural members; (ii)

wiring systems or electrical appliances without proper grounding

or overcurrent protection; and (iii) significant fuel or exhaust

system leaks;

"(B) equip the vessel with lifesaving and fire fighting

equipment, or the portable equivalent, required for the route and

number of persons carried; and

"(C) verify through stability tests, calculations, or other

practical means (which may include a history of safe operations)

that the vessel's stability is satisfactory for the size, route,

and number of passengers; and

"(4) develop a work plan approved by the Coast Guard to

complete in a good faith effort all requirements necessary for

issuance of a certificate of inspection as soon as practicable.

"(d) Operation of Vessel During Extension Period. - The owner of

a vessel receiving an extension under this section shall operate

the vessel under the conditions of route, service, number of

passengers, manning, and equipment as may be prescribed by the

Coast Guard for the extension period."

TANK VESSEL DEFINITION CLARIFICATION

Pub. L. 102-587, title V, Sec. 5209, Nov. 4, 1992, 106 Stat.

5076, as amended by Pub. L. 105-383, title IV, Sec. 422, Nov. 13,

1998, 112 Stat. 3439, provided that:

"(a) In this section, 'offshore supply vessel', 'fish tender

vessel', 'fishing vessel', and 'tank vessel' have the meanings

given those terms under section 2101 of title 46, United States

Code.

"(b) The following vessels are deemed not to be a tank vessel for

the purposes of any law:

"(1) An offshore supply vessel.

"(2) A fishing or fish tender vessel of not more than 750 gross

tons that transfers without charge to a fishing vessel owned by

the same person.

"(3) A vessel -

"(A) configured, outfitted, and operated primarily for

dredging operations; and

"(B) engaged in dredging operations which transfers fuel to

other vessels engaged in the same dredging operations without

charge.

"(c)(1) This section does not affect the authority of the

Secretary of Transportation under chapter 33 of title 46, United

States Code, to regulate the operation of the vessels listed in

subsection (b) to ensure the safe carriage of oil and hazardous

substances.

"(2) This section does not affect the requirement for fish tender

vessels engaged in the Aleutian trade to comply with chapters 33,

45, 51, 81, and 87 of title 46, United States Code, as provided in

the Aleutian Trade Act of 1990 ([title VI of] Public Law 101-595)

[see Short Title of 1990 Amendment note above].

"(d) Current regulations governing the vessels in subsection (b)

remain in effect."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2102, 2113, 3202, 4105 of

this title; sections 121, 316a, 446c, 808, 808a, 883, 1160, 1807 of

Appendix to this title; title 8 section 1184; title 15 section

2052; title 16 sections 1383a, 1802; title 22 section 1980b; title

33 sections 1225, 1321, 2602, 2704, 2732; title 42 section 7511b;

title 49 sections 1101, 5117.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Probably should be "Abuse Prevention".

-End-

-CITE-

46 USC Sec. 2102 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part A - General Provisions

CHAPTER 21 - GENERAL

-HEAD-

Sec. 2102. Limited definitions

-STATUTE-

(a) In chapters 37, 43, 51, and 123 of this title and part I of

this subtitle -

(1) "eligible State" means a State that has a State

recreational boating safety program accepted by the Secretary.

(2) "State" and "United States", in addition to their meanings

under section 2101(36) and (44) of this title, include the Trust

Territory of the Pacific Islands.

(3) "State recreational boating safety program" means

education, assistance, and enforcement activities conducted for

marine casualty prevention, reduction, and reporting for

recreational boating.

(b) In chapters 33, 45, 51, 81, and 87 of this title, "Aleutian

trade" means the transportation of cargo (including fishery related

products) for hire on board a fish tender vessel to or from a place

in Alaska West of 153 degrees west longitude and east of 172

degrees East longitude, if that place receives weekly common

carrier service by water, to or from a place in the United States

(except a place in Alaska).

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 505; Pub. L. 98-369, div.

A, title X, Sec. 1011(a), July 18, 1984, 98 Stat. 1013; Pub. L.

99-509, title V, Sec. 5102(b)(2), Oct. 21, 1986, 100 Stat. 1926;

Pub. L. 101-595, title VI, Sec. 602(a), Nov. 16, 1990, 104 Stat.

2990.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Revised section Source section (U.S. Code)

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

2102 46:1452(10)-(14)

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

Section 2102 contains a number of definitions that are limited to

recreational vessels in Chapter 43 of Part B and the numbering of

these vessels in Chapter 123 of Part H.

AMENDMENTS

1990 - Pub. L. 101-595 designated existing provisions as subsec.

(a) and added subsec. (b).

1986 - Pub. L. 99-509 inserted reference to chapters 37 and 51.

1984 - Par. (1). Pub. L. 98-369, Sec. 1011(a)(1), struck out "and

facilities improvement" after "recreational boating safety".

Par. (3). Pub. L. 98-369, Sec. 1011(a)(2), (3), redesignated par.

(5) as (3) and struck out former par. (3) which defined a State

recreational boating facilities improvement program.

Par. (4). Pub. L. 98-369, Sec. 1011(a)(2), struck out par. (4)

which defined State recreational boating safety and facilities

improvement program.

Par. (5). Pub. L. 98-369, Sec. 1011(a)(3), redesignated par. (5)

as (3).

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-369 effective Oct. 1, 1984, to apply with

respect to fiscal years beginning after Sept. 30, 1984, see section

1013 of Pub. L. 98-369, set out as a note under section 13101 of

this title.

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-End-

-CITE-

46 USC Sec. 2103 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part A - General Provisions

CHAPTER 21 - GENERAL

-HEAD-

Sec. 2103. Superintendence of the merchant marine

-STATUTE-

The Secretary has general superintendence over the merchant

marine of the United States and of merchant marine personnel

insofar as the enforcement of this subtitle is concerned and

insofar as those vessels and personnel are not subject, under other

law, to the supervision of another official of the United States

Government. In the interests of marine safety and seamen's welfare,

the Secretary shall enforce this subtitle and shall carry out

correctly and uniformly administer this subtitle. The Secretary may

prescribe regulations to carry out the provisions of this subtitle.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 506; Pub. L. 99-307, Sec.

9, May 19, 1986, 100 Stat. 447.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Revised section Source section (U.S. Code)

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

2103 46:2

46:372

46:689

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

Section 2103 provides the Secretary with the authority to

superintend the merchant marine and those involved personnel

insofar as the vessels and personnel are not subject, under other

laws, to the supervision of another official. The Secretary has the

duty to enforce the laws with respect to vessels and seamen and to

carry out correctly and uniformly these laws and regulations. The

term "superintendence" is used to indicate the Secretary's broad

responsibility for overseeing maritime safety and seamen's welfare,

including employment, shipping, navigation, and protection of the

marine environment.

AMENDMENTS

1986 - Pub. L. 99-307 substituted "subtitle. The Secretary may

prescribe regulations to carry out the provisions of this subtitle"

for "subtitle and regulations prescribed under this subtitle".

-End-

-CITE-

46 USC Sec. 2104 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part A - General Provisions

CHAPTER 21 - GENERAL

-HEAD-

Sec. 2104. Delegation

-STATUTE-

(a) The Secretary may delegate the duties and powers conferred by

this subtitle to any officer, employee, or member of the Coast

Guard, and may provide for the subdelegation of those duties and

powers.

(b) When this subtitle authorizes an officer or employee of the

Customs Service to act in place of a Coast Guard official, the

Secretary may designate that officer or employee subject to the

approval of the Secretary of the Treasury.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 506.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Revised section Source section (U.S. Code)

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

2104 46:65v(1)

46:382b

46:416

46:543

46:689

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

Section 2104 provides the Secretary with authority to delegate

duties and powers to others. It also contains the authority to

designate an officer or employee of the United States Customs

Service to act in the place of a Coast Guard official.

-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.

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 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. 2105 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part A - General Provisions

CHAPTER 21 - GENERAL

-HEAD-

Sec. 2105. Report

-STATUTE-

The Secretary shall provide for the investigation of the

operation of this subtitle and of all laws related to marine

safety, and shall require that a report be made to the Secretary

annually about those matters that may require improvement or

amendment.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 506.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Revised section Source section (U.S. Code)

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

2105 46:4

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

Section 2105 requires the Secretary to investigate the operation

of this subtitle and all laws related to maritime safety and

requires appropriate reports to ensure that the Secretary is

attentive to all the shipping laws under the Secretary's

superintendence.

-End-

-CITE-

46 USC Sec. 2106 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part A - General Provisions

CHAPTER 21 - GENERAL

-HEAD-

Sec. 2106. Liability in rem

-STATUTE-

When a vessel is made liable in rem under this subtitle, the

vessel may be libeled and proceeded against in a district court of

the United States in which the vessel is found.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 506.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Revised section Source section (U.S. Code)

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

2106 46:170(14)

46:216e(e)

46:390d

46:391a(14)(C)

46:436

46:462

46:481(c)

46:497

46:526o

46:672(j)

46:1484(b)

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

Section 2106 provides that when a vessel is made liable in rem

the vessel may be libeled and proceeded against in a United States

district court.

-End-

-CITE-

46 USC Sec. 2107 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part A - General Provisions

CHAPTER 21 - GENERAL

-HEAD-

Sec. 2107. Civil penalty procedures

-STATUTE-

(a) After notice and an opportunity for a hearing, a person found

by the Secretary to have violated this subtitle or a regulation

prescribed under this subtitle for which a civil penalty is

provided, is liable to the United States Government for the civil

penalty provided. The amount of the civil penalty shall be assessed

by the Secretary by written notice. In determining the amount of

the penalty, the Secretary shall consider the nature,

circumstances, extent, and gravity of the prohibited acts committed

and, with respect to the violator, the degree of culpability, any

history of prior offenses, ability to pay, and other matters that

justice requires.

(b) The Secretary may compromise, modify, or remit, with or

without consideration, a civil penalty under this subtitle until

the assessment is referred to the Attorney General.

(c) If a person fails to pay an assessment of a civil penalty

after it has become final, the Secretary may refer the matter to

the Attorney General for collection in an appropriate district

court of the United States.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 506.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Revised section Source section (U.S. Code)

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

2107 33:364

46:7

46:65u

46:216e(d)

46:391a(14)

46:526o

46:526p

46:1484(c)

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

Section 2107 provides for standard procedures for the handling of

civil penalties for infractions of law or regulation. Some changes

were made to increase some antiquated and inadequate penalties.

The assessment of civil penalties under this section should not

require an "on the record" hearing within the meaning of the

Administrative Procedures Act (APA). It is intended that these

civil penalties be assessed in a fair manner. However, the

Committee recognizes that statutes passed in the last decade have

involved the Coast Guard in tens of thousands of civil penalty

enforcement cases and that it is necessary that the penalties be

assessed efficiently. The Coast Guard's procedural regulations for

assessing civil penalties ensure that the essential elements of due

process, notice, and opportunity to be heard, are provided to

alleged violators (see 33 CFR Subpart 1.07). The more rigid and

time-consuming procedures applicable to APA adjudications are

unwarranted in the case of Coast Guard civil penalty assessment

procedures and would seriously hamper the orderly enforcement of

these administrative penalties.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 251a, 883-1, 883a of

Appendix to this title.

-End-

-CITE-

46 USC Sec. 2108 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part A - General Provisions

CHAPTER 21 - GENERAL

-HEAD-

Sec. 2108. Refund of penalties

-STATUTE-

The Secretary may refund or remit a civil penalty collected under

this subtitle if -

(1) application has been made for refund or remission of the

penalty within one year from the date of payment; and

(2) the Secretary finds that the penalty was unlawfully,

improperly, or excessively imposed.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 507.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Revised section Source section (U.S. Code)

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

2108 46:8

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

Section 2108 provides for the refunding of civil penalties.

-End-

-CITE-

46 USC Sec. 2109 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part A - General Provisions

CHAPTER 21 - GENERAL

-HEAD-

Sec. 2109. Public vessels

-STATUTE-

Except as otherwise provided, this subtitle does not apply to a

public vessel of the United States. However, this subtitle does

apply to a vessel (except a Coast Guard or a Saint Lawrence Seaway

Development Corporation vessel) owned or operated by the Department

of Transportation or by any corporation organized or controlled by

the Department.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 507; Pub. L. 99-509, title

V, Sec. 5102(b)(3), Oct. 21, 1986, 100 Stat. 1927.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Revised section Source section (U.S. Code)

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

2109 46:362

46:363

46:391a(4)

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

Section 2109 exempts public vessels from the applicability of the

maritime safety and seamen's welfare laws of this subtitle although

some public vessels are inspected under interagency voluntary

agreements.

AMENDMENTS

1986 - Pub. L. 99-509 substituted "Except as otherwise provided,

this" for "This".

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 50 App. section 1744.

-End-

-CITE-

46 USC Sec. 2110 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part A - General Provisions

CHAPTER 21 - GENERAL

-HEAD-

Sec. 2110. Fees

-STATUTE-

(a)(1) Except as otherwise provided in this title, the Secretary

shall establish a fee or charge for a service or thing of value

provided by the Secretary under this subtitle, in accordance with

section 9701 of title 31.

(2) The Secretary may not establish a fee or charge under

paragraph (1) for inspection or examination of a non-self-propelled

tank vessel under part B of this title (!1) that is more than $500

annually. The Secretary may not establish a fee or charge under

paragraph (1) for inspection or examination of a small passenger

vessel under this title that is more than $300 annually for such

vessels under 65 feet in length, or more than $600 annually for

such vessels 65 feet in length and greater. The Secretary may not

establish a fee or charge under paragraph (1) for inspection or

examination under this title for any publicly-owned ferry.

(3) The Secretary may, by regulation, adjust a fee or charge

collected under this subsection to accommodate changes in the cost

of providing a specific service or thing of value, but the adjusted

fee or charge may not exceed the total cost of providing the

service or thing of value for which the fee or charge is collected,

including the cost of collecting the fee or charge.

(4) The Secretary may not collect a fee or charge under this

subsection that is in conflict with the international obligations

of the United States.

(5) The Secretary may not collect a fee or charge under this

subsection for any search or rescue service.

(b)(1) The Secretary shall establish a fee or charge as provided

in paragraph (2) of this subsection, and collect it annually in

fiscal years 1993 and 1994, from the owner or operator of each

recreational vessel to which paragraph (2) of this subsection

applies.

(2) The fee or charge established under paragraph (1) of this

subsection is as follows:

(A) in fiscal year 1993 -

(i) for vessels of more than 21 feet in length but less than

27 feet, not more than $35;

(ii) for vessels of at least 27 feet in length but less than

40 feet, not more than $50; and

(iii) for vessels of at least 40 feet in length, not more

than $100.(!2)

(B) in fiscal year 1994 -

(i) for vessels of at least 37 feet in length but less than

40 feet, not more than $50; and

(ii) for vessels of at least 40 feet in length, not more than

$100.

(3) The fee or charge established under this subsection applies

only to vessels operated on the navigable waters of the United

States where the Coast Guard has a presence.

(4) The fee or charge established under this subsection does not

apply to a -

(A) public vessel; or

(B) vessel deemed to be a public vessel under section 827 of

title 14.

(5) The Secretary shall provide to each person who pays a fee or

charge under this subsection a separate document on which appears,

in readily discernible print, only the following statement: "The

fees (!3) for which this document was provided was established

under the Omnibus Budget Reconciliation Act of 1990. Persons paying

this fee can expect no increase in the quantity, quality, or

variety of services the person receives from the Coast Guard as a

result of that payment."

(c) In addition to the collection of fees and charges established

under subsections (a) and (b), the Secretary may recover

appropriate collection and enforcement costs associated with

delinquent payments of the fees and charges.

(d)(1) The Secretary may employ any Federal, State, or local

agency or instrumentality, or any private enterprise or business,

to collect a fee or charge established under this section. A

private enterprise or business selected by the Secretary to collect

fees or charges -

(A) shall be subject to reasonable terms and conditions agreed

to by the Secretary and the enterprise or business;

(B) shall provide appropriate accounting to the Secretary; and

(C) may not institute litigation as part of that collection.

(2) A Federal agency shall account for the agency's costs of

collecting the fee or charge under this subsection as a

reimbursable expense, and the costs shall be credited to the

account from which expended.

(e) A person that violates this section by failing to pay a fee

or charge established under this section is liable to the United

States Government for a civil penalty of not more than $5,000 for

each violation.

(f) When requested by the Secretary, the Secretary of the

Treasury shall deny the clearance required by section 4197 of the

Revised Statutes of the United States (46 App. U.S.C. 91) to a

vessel for which a fee or charge established under this section has

not been paid until the fee or charge is paid or until a bond is

posted for the payment.

(g) The Secretary may exempt a person from paying a fee or charge

established under this section if the Secretary determines that it

is in the public interest to do so.

(h) Fees and charges collected by the Secretary under this

section shall be deposited in the general fund of the Treasury as

offsetting receipts of the department in which the Coast Guard is

operating and ascribed to Coast Guard activities.

(i) The collection of a fee or charge under this section does not

alter or expand the functions, powers, responsibilities, or

liability of the United States under any law for the performance of

services or the provision of a thing of value for which a fee or

charge is collected under this section.

(j) The Secretary may not establish or collect a fee or charge

for the inspection under part B of this subtitle of training

vessels operated by state (!4) maritime academies.

(k) The Secretary may not plan, implement or finalize any

regulation that would promulgate any new maritime user fee which

was not implemented and collected prior to January 1, 1998,

including a fee or charge for any domestic icebreaking service or

any other navigational assistance service. This subsection expires

on September 30, 2006.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 507; Pub. L. 99-509, title

V, Sec. 5102(b)(4), Oct. 21, 1986, 100 Stat. 1927; Pub. L. 100-710,

title I, Sec. 104(a)(3), Nov. 23, 1988, 102 Stat. 4749; Pub. L.

101-508, title X, Sec. 10401(a), Nov. 5, 1990, 104 Stat. 1388-397;

Pub. L. 102-241, Sec. 53, Dec. 19, 1991, 105 Stat. 2232; Pub. L.

102-582, title V, Sec. 501(a), Nov. 2, 1992, 106 Stat. 4909; Pub.

L. 102-587, title V, Sec. 5207, Nov. 4, 1992, 106 Stat. 5075; Pub.

L. 104-324, title XI, Sec. 1112, Oct. 19, 1996, 110 Stat. 3970;

Pub. L. 105-383, title II, Sec. 207, Nov. 13, 1998, 112 Stat. 3416;

Pub. L. 107-295, title III, Sec. 344, Nov. 25, 2002, 116 Stat.

2106.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Revised section Source section (U.S. Code)

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

2110 46:331

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

Section 2110 prevents the assessment of user fees for certain

maritime safety and seamen's welfare services unless otherwise

provided for by law. These include:

Measurement of tonnage and certifying the same, except that the

compensation and necessary travel and subsistence expenses of the

officers so measuring or certifying such vessels at the request of

the owners thereof at a place other than a port of entry or a

customs station shall be paid by such owners; issuing of license or

granting of certificate of registry, record, or enrollment,

including all indorsements on the same and oath; indorsement of

change of master; certifying and receiving manifest, including

master's oath and permit; granting permit to vessels licensed for

the fisheries to touch and trade; granting certificate of payment

of tonnage dues; recording bill of sale, mortgage, hypothecation or

conveyance, or the discharge of such mortgage or hypothecation;

furnishing certificate of title; furnishing the crew list;

certificate of protection to seamen; bill of health; shipping or

discharging of seamen; apprenticing boys to the merchant service;

inspecting, examining, and licensing steam vessels, including

inspection certificate and copies thereof; and licensing of master,

engineer, pilot, or mate of a vessel.

-REFTEXT-

REFERENCES IN TEXT

The Omnibus Budget Reconciliation Act of 1990, referred to in

subsec. (b)(5), is Pub. L. 101-508, Nov. 5, 1990, 104 Stat. 1388.

For complete classification of this Act to the Code, see Tables.

-MISC2-

AMENDMENTS

2002 - Subsec. (k). Pub. L. 107-295 substituted "2006" for

"2001".

1998 - Subsec. (k). Pub. L. 105-383 added subsec. (k).

1996 - Subsec. (a)(2). Pub. L. 104-324, Sec. 1112, which directed

amendment of section 10401(g) of Pub. L. 101-508 by inserting "The

Secretary may not establish a fee or charge under paragraph (1) for

inspection or examination of a small passenger vessel under this

title that is more than $300 annually for such vessels under 65

feet in length, or more than $600 annually for such vessels 65 feet

in length and greater. The Secretary may not establish a fee or

charge under paragraph (1) for inspection or examination under this

title for any publicly-owned ferry." after "annually.", was

executed by making insertion in subsec. (a)(2) of this section to

reflect the probable intent of Congress, because section 10401(a)

of Pub. L. 101-508 amended this section generally, and section

10401 of Pub. L. 101-508 did not contain a subsec. (g).

1992 - Subsec. (b)(1). Pub. L. 102-582, Sec. 501(a)(1),

substituted "1993 and 1994" for "1991, 1992, 1993, 1994, and 1995"

and "to which paragraph (2) of this subsection applies" for "that

is greater than 16 feet in length".

Subsec. (b)(2). Pub. L. 102-582, Sec. 501(a)(2), amended par. (2)

generally. Prior to amendment, par. (2) read as follows: "The fee

or charge established under paragraph (1) of this subsection is as

follows:

"(A) for vessels greater than 16 feet in length but less than

20 feet, not more than $25;

"(B) for vessels of at least 20 feet in length but less than 27

feet, not more than $35;

"(C) for vessels of at least 27 feet in length but less than 40

feet, not more than $50; and

"(D) for vessels of at least 40 feet in length, not more than

$100."

Subsec. (j). Pub. L. 102-587 added subsec. (j).

1991 - Subsec. (b)(5). Pub. L. 102-241 added par. (5).

1990 - Pub. L. 101-508, as amended by Pub. L. 104-324,

substituted "Fees" for "Fees prohibited" as section catchline and

amended text generally. Prior to amendment, text read as follows:

"Fees may not be charged or collected by the Secretary for services

provided for in this subtitle related to the engagement and

discharge of seamen, the inspection and examination of vessels

under part B of this subtitle, and the licensing of masters, mates,

pilots, and engineers, except when specifically provided for in

this subtitle." See 1996 Amendment note above.

1988 - Pub. L. 100-710 substituted "and the licensing of masters,

mates, pilots, and engineers" for "the licensing of masters, mates,

pilots, and engineers, and the documentation of vessels".

1986 - Pub. L. 99-509 substituted "examination of vessels under

part B of this subtitle" for "examination of vessels" and struck

out "measurement or" before "documentation".

EFFECTIVE DATE OF 1992 AMENDMENT

Section 501(b) of Pub. L. 102-582 provided that: "The amendments

made by this section [amending this section] are effective October

1, 1992."

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-710 effective Jan. 1, 1989, with certain

exceptions and qualifications, see section 107 of Pub. L. 100-710,

set out as an Effective Date note under section 30101 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.

-MISC3-

ACCEPTANCE OF EVIDENCE OF PAYMENT OF COAST GUARD FEES

Section 5214 of Pub. L. 102-587 provided that: "The Secretary of

Transportation may not issue a citation for failure to pay a fee or

charge established under section 2110 of title 46, United States

Code, to an owner or operator of a recreational vessel who provides

reasonable evidence of prior payment of the fee or charge to a

Coast Guard boarding officer."

-FOOTNOTE-

(!1) So in original. Probably should be "subtitle".

(!2) So in original. The period probably should be "; and".

(!3) So in original. Probably should be "fee".

(!4) So in original. Probably should be capitalized.

-End-

-CITE-

46 USC Sec. 2111 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part A - General Provisions

CHAPTER 21 - GENERAL

-HEAD-

Sec. 2111. Pay for overtime services

-STATUTE-

(a) The Secretary may prescribe a reasonable rate of extra pay

for overtime services of civilian officers and employees of the

Coast Guard required to remain on duty between 5 p.m. and 8 a.m.,

or on Sundays or holidays, to perform services related to -

(1) the inspection of vessels or their equipment;

(2) the engagement and discharge of crews of vessels;

(3) the measurement of vessels; and

(4) the documentation of vessels.

(b) Except for Sundays and holidays, the overtime rate provided

under subsection (a) of this section is one-half day's additional

pay for each 2 hours of overtime (or part of 2 hours of at least

one hour). The total extra pay may be not more than 2 and one-half

days' pay for any one period from 5 p.m. to 8 a.m.

(c) The overtime rate provided under subsection (a) of this

section for Sundays and holidays is 2 additional days' pay.

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

individual in charge of the vessel shall pay the amount of the

overtime pay provided under this section to the official designated

by regulation. The official shall deposit the amount paid to the

Treasury as miscellaneous receipts. Payment to the officer or

employee entitled to the pay shall be made from the annual

appropriations for salaries and expenses of the Coast Guard.

(e) The overtime pay provided under this section shall be paid if

the authorized officers and employees have been ordered to report

for duty and have reported, even if services requested were not

performed.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 507.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Revised section Source section (U.S. Code)

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

2111 46:382b

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

Section 2111 provides for the payment of overtime rates for work

performed by civilian officers and employees of the Coast Guard for

certain specified activities.

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2112 of this title; title

5 section 5549.

-End-

-CITE-

46 USC Sec. 2112 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part A - General Provisions

CHAPTER 21 - GENERAL

-HEAD-

Sec. 2112. Authority to change working hours

-STATUTE-

In a port at which the customary working hours begin before 8

a.m. or end after 5 p.m., the Secretary may regulate the working

hours of the officers and employees referred to in section 2111 of

this title so that those hours conform to the prevailing working

hours of the port. However -

(1) the total period for which overtime pay may be required

under section 2111 of this title may not be more than 15 hours

between any 2 periods of ordinary working hours on other than

Sundays and holidays;

(2) the length of the working day for the officers and

employees involved may not be changed; and

(3) the rate of overtime pay may not be changed.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 508.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Revised section Source section (U.S. Code)

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

2112 46:382b

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

Section 2112 provides the Secretary with the authority to

regulate the working hours of civilian officers and employees of

the Coast Guard to conform with the prevailing working hours of a

port.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 5549.

-End-

-CITE-

46 USC Sec. 2113 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part A - General Provisions

CHAPTER 21 - GENERAL

-HEAD-

Sec. 2113. Authority to exempt certain vessels

-STATUTE-

If the Secretary decides that the application of a provision of

part B, C, F, or G of this subtitle is not necessary in performing

the mission of the vessel engaged in excursions or an oceanographic

research vessel, or not necessary for the safe operation of certain

vessels carrying passengers, the Secretary by regulation may -

(1) for a vessel, issue a special permit specifying the

conditions of operation and equipment;

(2) exempt an oceanographic research vessel from that provision

under conditions the Secretary may specify;

(3) establish different operating and equipment requirements

for vessels defined in section 2101(42)(A) of this title;

(4) establish different 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 if the owner of the vessel -

(A) makes application for inspection to the Coast Guard

within 6 months of the date of enactment of the Passenger

Vessel Safety Act of 1993; and

(B) provides satisfactory documentation that the vessel was

chartered at least once within the previous 12 months prior to

the date of enactment of that Act; and

(5) establish different structural fire protection, manning,

operating, and equipment requirements for former public vessels

of the United States of at least 100 gross tons but less 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,

carrying not more than 150 passengers on domestic voyages, if the

owner of the vessel -

(A) makes application for inspection to the Coast Guard

within 6 months of the date of enactment of the Passenger

Vessel Safety Act of 1993; and

(B) provides satisfactory documentation that the vessel was

chartered at least once within the previous 12 months prior to

the date of enactment of that Act.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 508; Pub. L. 103-206, title

V, Sec. 511(a), Dec. 20, 1993, 107 Stat. 2441; Pub. L. 104-324,

title VII, Sec. 710, Oct. 19, 1996, 110 Stat. 3935.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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2113 46:445

46:453

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Section 2113 provides the Secretary with the authority to exempt

certain vessels from the inspection and manning requirements of law

when vessels are engaged in excursions or oceanographic research.

This is the authority of the issuance of excursion permits when

special circumstances justify the waiver of certain maritime safety

and seamen's welfare laws for a short period of time. It also

contains flexible exemption authority for regulation of

oceanographic research vessels.

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of the Passenger Vessel Safety Act of 1993,

referred to in pars. (4) and (5), is the date of the enactment of

Pub. L. 103-206, which was approved Dec. 20, 1993.

-MISC2-

AMENDMENTS

1996 - Par. (4). Pub. L. 104-324, Sec. 710(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 "less than 300

gross tons".

Par. (5). Pub. L. 104-324, Sec. 710(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 "less than 500 gross

tons".

1993 - Pub. L. 103-206 amended section catchline and text

generally. Prior to amendment, text read as follows: "If the

Secretary decides that the application of a provision of part B or

F of this subtitle is not necessary in performing the mission of a

vessel engaged in excursions or an oceanographic research vessel,

the Secretary by regulation may -

"(1) for an excursion vessel, issue a special permit specifying

the conditions of operation and equipment; and

"(2) exempt the oceanographic research vessel from that

provision under conditions the Secretary may specify."

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3306 of this title.

-End-

-CITE-

46 USC Sec. 2114 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part A - General Provisions

CHAPTER 21 - GENERAL

-HEAD-

Sec. 2114. Protection of seamen against discrimination

-STATUTE-

(a)(1) A person may not discharge or in any manner discriminate

against a seaman because -

(A) the seaman in good faith has reported or is about to report

to the Coast Guard or other appropriate Federal agency or

department that the seaman believes that a violation of a

maritime safety law or regulation prescribed under that law or

regulation has occurred; or

(B) the seaman has refused to perform duties ordered by the

seaman's employer because the seaman has a reasonable

apprehension or expectation that performing such duties would

result in serious injury to the seaman, other seamen, or the

public.

(2) The circumstances causing a seaman's apprehension of serious

injury under paragraph (1)(B) must be of such a nature that a

reasonable person, under similar circumstances, would conclude that

there is a real danger of an injury or serious impairment of health

resulting from the performance of duties as ordered by the seaman's

employer.

(3) To qualify for protection against the seaman's employer under

paragraph (1)(B), the employee must have sought from the employer,

and been unable to obtain, correction of the unsafe condition.

(b) A seaman discharged or otherwise discriminated against in

violation of this section may bring an action in an appropriate

district court of the United States. In that action, the court may

order any appropriate relief, including -

(1) restraining violations of this section;

(2) reinstatement to the seaman's former position with back

pay;

(3) an award of costs and reasonable attorney's fees to a

prevailing plaintiff not exceeding $1,000; and

(4) an award of costs and reasonable attorney's fees to a

prevailing employer not exceeding $1,000 if the court finds that

a complaint filed under this section is frivolous or has been

brought in bad faith.

-SOURCE-

(Added Pub. L. 98-557, Sec. 13(a), Oct. 30, 1984, 98 Stat. 2863;

amended Pub. L. 107-295, title IV, Sec. 428, Nov. 25, 2002, 116

Stat. 2127.)

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AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-295, Sec. 428(a), amended subsec.

(a) generally. Prior to amendment, subsec. (a) read as follows: "An

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

in charge of a vessel may not discharge or in any manner

discriminate against a seaman because the seaman in good faith has

reported or is about to report to the Coast Guard that the seaman

believes that a violation of this subtitle, or a regulation issued

under this subtitle, has occurred."

Subsec. (b)(3), (4). Pub. L. 107-295, Sec. 428(b), added pars.

(3) and (4).

-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. 2115 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part A - General Provisions

CHAPTER 21 - GENERAL

-HEAD-

Sec. 2115. Civil penalty to enforce alcohol and dangerous drug

testing

-STATUTE-

Any person who fails to implement or conduct, or who otherwise

fails to comply with the requirements prescribed by the Secretary

for, chemical testing for dangerous drugs or for evidence of

alcohol use, as prescribed under this subtitle or a regulation

prescribed by the Secretary to carry out the provisions of this

subtitle, is liable to the United States Government for a civil

penalty of not more than $5,000 for each violation. Each day of a

continuing violation shall constitute a separate violation.

-SOURCE-

(Added Pub. L. 104-324, title III, Sec. 303(a), Oct. 19, 1996, 110

Stat. 3917; amended Pub. L. 105-383, title III, Sec. 304(b), Nov.

13, 1998, 112 Stat. 3419.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-383 substituted "$5,000" for "$1,000".

-End-