Part B—Inspection and Regulation of Vessels
Historical and Revision Notes
Part B provides authority and responsibility for the inspection and regulation of vessels by the Coast Guard. This part specifies those vessels subject to inspection, those that are specifically exempt from inspection, and related inspection requirements and procedures. Due to the need for special requirements for the inspection and regulation of passenger vessels and those vessels carrying liquid bulk dangerous cargoes separate chapters have been developed. Additional chapters provide for recreational vessels and those other vessels that are regulated but are not subject to inspection and certification by the Coast Guard. It should also be noted that the United States is signatory to a number of international treaties on maritime safety and seamen's welfare, such as the various Safety of Life at Sea (SOLAS) treaties, and that their provisions and requirements are part of United States maritime law and in many cases are quite extensive.
Part Referred to in Other Sections
This part is referred to in
CHAPTER 31 —GENERAL
Amendments
1996—
1988—
1985—
1984—
§3101. Authority to suspend inspection
When the President decides that the needs of foreign commerce require, the President may suspend a provision of this part for a foreign-built vessel registered as a vessel of the United States on conditions the President may specify.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3101 | 46:82 |
Section 3101 provides the President with the authority to suspend the inspection laws for a foreign-built reflagged U.S. vessel when the needs of foreign commerce require this. For example, if a foreign-flag vessel is reflagged in the U.S. but does not meet the specific Coast Guard inspection requirements, the President could suspend these requirements.
Effective Date
Section 2(g)(1) of
Delegation of Functions
For delegation to Secretary of the Treasury of authority vested in President by this section, see Ex. Ord. No. 10289, Sept. 17, 1951, 16 F.R. 9499, as amended, set out as a note under
§3102. Immersion suits
(a) The Secretary shall by regulation require immersion suits on vessels designated by the Secretary that operate in the Atlantic Ocean north of 32 degrees North latitude or south of 32 degrees South latitude and in all other waters north of 35 degrees North latitude or south of 35 degrees South latitude. The Secretary may not exclude a vessel from designation under this section only because that vessel carries other lifesaving equipment.
(b) The Secretary shall establish standards for an immersion suit required by this section, including standards to guarantee adequate thermal protection, buoyance, and flotation stability.
(c)(1) The owner, charterer, managing operator, agent, master, or individual in charge of a vessel violating this section or a regulation prescribed under this section is liable to the United States Government for a civil penalty of not more than $5,000. The vessel also is liable in rem for the penalty.
(2) The owner, charterer, managing operator, agent, master, or individual in charge of a vessel violating this section or a regulation prescribed under this section may be fined not more than $25,000, imprisoned for not more than 5 years, or both.
(Added
Codification
Amendments
1988—
Repeal of Duplicate Section 3102; References Thereto and Regulations and Actions Thereunder
Section 2 of
Regulations
Section 701(b), (c) of title VII of
"(b)
"(c) The regulations prescribed under
Similar provisions were contained in section 22(b), (c) of
Section Referred to in Other Sections
This section is referred to in
§3103. Use of reports, documents, and records
The Secretary may rely, as evidence of compliance with this subtitle, on—
(1) reports, documents, and records of other persons who have been determined by the Secretary to be reliable; and
(2) other methods the Secretary has determined to be reliable.
(Added
CHAPTER 32 —MANAGEMENT OF VESSELS
§3201. Definitions
In this chapter—
(1) "International Safety Management Code" has the same meaning given that term in chapter IX of the Annex to the International Convention for the Safety of Life at Sea, 1974;
(2) "responsible person" means—
(A) the owner of a vessel to which this chapter applies; or
(B) any other person that has—
(i) assumed the responsibility for operation of a vessel to which this chapter applies from the owner; and
(ii) agreed to assume with respect to the vessel responsibility for complying with all the requirements of this chapter and the regulations prescribed under this chapter.
(3) "vessel engaged on a foreign voyage" means a vessel to which this chapter applies—
(A) arriving at a place under the jurisdiction of the United States from a place in a foreign country;
(B) making a voyage between places outside the United States; or
(C) departing from a place under the jurisdiction of the United States for a place in a foreign country.
(Added
Safety Management Code Report and Policy
"(a)
"(1) The Secretary of Transportation (in this section referred to as the 'Secretary') shall conduct a study—
"(A) reporting on the status of implementation of the International Safety Management Code (hereafter referred to in this section as 'Code');
"(B) detailing enforcement actions involving the Code, including the role documents and reports produced pursuant to the Code play in such enforcement actions;
"(C) evaluating the effects the Code has had on marine safety and environmental protection, and identifying actions to further promote marine safety and environmental protection through the Code;
"(D) identifying actions to achieve full compliance with and effective implementation of the Code; and
"(E) evaluating the effectiveness of internal reporting and auditing under the Code, and recommending actions to ensure the accuracy and candidness of such reporting and auditing.
These recommended actions may include proposed limits on the use in legal proceedings of documents produced pursuant to the Code.
"(2) The Secretary shall provide opportunity for the public to participate in and comment on the study conducted under paragraph (1).
"(3) Not later than 18 months after the date of the enactment of this Act [Nov. 13, 1998], the Secretary shall submit to the Congress a report on the results of the study conducted under paragraph (1).
"(b)
"(1) Not later than 9 months after submission of the report in subsection (a)(3), the Secretary shall develop a policy to achieve full compliance with and effective implementation of the Code. The policy may include—
"(A) enforcement penalty reductions and waivers, limits on the use in legal proceedings of documents produced pursuant to the Code, or other incentives to ensure accurate and candid reporting and auditing;
"(B) any other measures to achieve full compliance with and effective implementation of the Code; and
"(C) if appropriate, recommendations to Congress for any legislation necessary to implement one or more elements of the policy.
"(2) The Secretary shall provide opportunity for the public to participate in the development of the policy in paragraph (1).
"(3) Upon completion of the policy in paragraph (1), the Secretary shall publish the policy in the Federal Register and provide opportunity for public comment on the policy."
Vessel Management Methods Study
Section 602(c) of
"(1)
"(2)
"(A) the date that final regulations are prescribed under
"(B) the date that is 1 year after the date of enactment of this Act [Oct. 19, 1996]."
International Convention for Safety of Life at Sea
For International Conventions for the Safety of Life at Sea to which the United States has been a party, see
§3202. Application
(a)
(1) Beginning July 1, 1998—
(A) a vessel transporting more than 12 passengers described in
(B) a tanker, bulk freight vessel, or high-speed freight vessel, of at least 500 gross tons.
(2) Beginning July 1, 2002, a freight vessel and a self-propelled mobile offshore drilling unit of at least 500 gross tons.
(b)
(c)
(1) a barge;
(2) a recreational vessel not engaged in commercial service;
(3) a fishing vessel;
(4) a vessel operating on the Great Lakes or its tributary and connecting waters; or
(5) a public vessel.
(Added
Section Referred to in Other Sections
This section is referred to in
§3203. Safety management system
(a)
(1) a safety and environmental protection policy;
(2) instructions and procedures to ensure safe operation of those vessels and protection of the environment in compliance with international and United States law;
(3) defined levels of authority and lines of communications between, and among, personnel on shore and on the vessel;
(4) procedures for reporting accidents and nonconformities with this chapter;
(5) procedures for preparing for and responding to emergency situations; and
(6) procedures for internal audits and management reviews of the system.
(b)
(Added
Section Referred to in Other Sections
This section is referred to in
§3204. Implementation of safety management system
(a)
(b)
(c)
(Added
Section Referred to in Other Sections
This section is referred to in
§3205. Certification
(a)
(b)
(c)
(1) periodically review whether a responsible person having a safety management plan approved under section 3204(b) and each vessel to which the plan applies is complying with the plan; and
(2) revoke the Secretary's approval of the plan and each Safety Management Certificate and Document of Compliance issued to the person for a vessel to which the plan applies, if the Secretary determines that the person or a vessel to which the plan applies has not complied with the plan.
(d)
(Added
Section Referred to in Other Sections
This section is referred to in
CHAPTER 33 —INSPECTION GENERALLY
Historical and Revision Notes
In 1864 the principal inspection and licensing provisions of the 1852 act were made applicable to ferries, towing vessels, and canal boats. However, steamboat explosions continued with high loss of life and property. One of the greatest of all disasters, the destruction of the passenger vessel Sultana by explosion and fire with a loss of life estimated at more than 1500 lives in April 1865, led to renewed legislation efforts. In 1871 this culminated with legislation that combined a number of new requirements into a coherent and unified body of maritime safety laws. At the time of the adoption of the Revised Statutes in 1874, a maritime safety code was well established for vessels propelled in whole or in part by steam.
In the more than 100 years since then, as the public recognized the need for vessel safety legislation, primarily as the result of maritime disasters, other classes of vessels were subjected to Federal inspection or regulatory control. These included vessels propelled by gas, fluid, naphtha, or electric motors in 1897; sail vessels and barges carrying passengers for hire in 1898; seagoing barges in 1908; motorboats in 1910; steam vessels owned by the Department of Commerce in 1919; seagoing vessels of 300 gross tons and over on June 20, 1936; all tank vessels carrying flammable or combustible liquid cargo in bulk regardless of size or means of propulsion of June 23, 1936; motorboats again in 1940; all vessels carrying more than six passengers in 1956; tank vessels again in 1978; and offshore supply vessels in 1980. There was also considerable legislation that amended or supplemented these primary maritime safety laws.
The net result has been a patchwork quilt of categories and classifications that requires a tabulation of more than seventy different classes of inspected vessels. This revision gathers into one section of the law all classes of vessels that are subject to inspection and certification without changing the application of present law as to any one class of vessel. The revision does not alter the application of the present law so as to expand inspection requirements to any vessel presently not subject to inspection nor to remove from inspection any vessel that is presently subject to inspection.
Amendments
1996—
1986—
Chapter Referred to in Other Sections
This chapter is referred to in
§3301. Vessels subject to inspection
The following categories of vessels are subject to inspection under this part:
(1) freight vessels.
(2) nautical school vessels.
(3) offshore supply vessels.
(4) passenger vessels.
(5) sailing school vessels.
(6) seagoing barges.
(7) seagoing motor vessels.
(8) small passenger vessels.
(9) steam vessels.
(10) tank vessels.
(11) fish processing vessels.
(12) fish tender vessels.
(13) Great Lakes barges.
(14) oil spill response vessels.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3301(1) | 46:391 46:404 |
| 3301(2) | 46:1295f(c) |
| 3301(3) | 46:404–1 |
| 3301(4) | 46:390a 46:391 |
| 3301(5) | 46:390a |
| 3301(6) | 46:395 |
| 3301(7) | 46:367 |
| 3301(8) | 46:390a |
| 3301(9) | 46:362 46:391 46:405 |
| 3301(10) | 46:391a |
Section 3301 lists all classes of vessels that are subject to inspection and certification by the Coast Guard. This section represents one of the sought-after advantages of the bill to simplify access to the provisions of law governing the regulation of vessels. Under the present law, a vessel's inspection status must be determined by examining a table appearing at section 2.01–7A of title 46, Code of Federal Regulations that divides all vessels into more than 70 separate classes.
It is important to note that while the classes of vessels are now limited to ten, there is no prohibition against developing regulations to meet the special needs of various size vessels within any one category. For example, it is expected that the Coast Guard will continue the practice of establishing standards for freight vessels of not more than 100 gross tons and other standards for larger freight vessels.
It should also be noted that a particular vessel can, when engaged in various types of operations, be subject to varying inspection laws. For example, an offshore supply vessel could be classed as a small passenger vessel or a passenger vessel when it operates as a crew boat carrying individuals other than those defined in section 2101(21). If the offshore supply vessel is 500 gross tons and over it would then be subject to inspection as a seagoing motor vessel, a freight vessel, or a passenger vessel.
Amendments
1996—Par. (14).
1992—Par. (13).
1984—Pars. (11), (12).
Effective Date of 1992 Amendment
Amendment by
Effective Date
Chapter effective Apr. 15, 1984, see section 2(g)(1) of
Short Title of 1984 Amendment
Pilot Program
"(1)
"(A) the vessel does not carry any cargo or passengers for hire;
"(B) the vessel does not engage in commercial service, commercial fisheries, or oceanographic research; and
"(C) the vessel does not engage in towing.
"(2)
Small Passenger Vessel Pilot Inspection Program With State of Minnesota
Section 1122 of
"(a)
"(1) the State plan for the inspection of small passenger vessels meets such requirements as the Secretary may require to ensure the safety and operation of such vessels in accordance with the standards that would apply if the Coast Guard were inspecting such vessels; and
"(2) the State will provide such information obtained through the inspection program to the Secretary annually in such form and in such detail as the Secretary may require.
"(b)
"(c)
"(d)
"(1)
"(2)
"(3)
Section Referred to in Other Sections
This section is referred to in
§3302. Exemptions
(a) A vessel is not excluded from one category only because the vessel is—
(1) included in another category of
(2) excluded by this section from another category of
(b) Except as provided in subsection (c)(3) of this section, a fishing vessel 1 including a vessel chartered part-time as a fish tender vessel, is exempt from
(c)(1) Except as provided in paragraph (3) of this subsection, a fish processing vessel of not more than 5,000 gross tons as measured under
(2) Except as provided in paragraphs (3) and (4) of this subsection, a fish tender vessel of not more than 500 gross tons as measured under
(3)(A) A fishing vessel or fish processing vessel is exempt from
(i) that place does not receive weekly common carrier service by water from a place in the United States;
(ii) that place receives such common carrier service and the cargo is of a type not accepted by that common carrier service; or
(iii) the cargo is proprietary cargo owned by the owner of the vessel or any affiliated entity or subsidiary.
(B) A fish tender vessel of not more than 500 gross tons as measured under
(i) that place does not receive weekly common carrier service by water from a place in the United States;
(ii) that place receives such common carrier service and the cargo is of a type not accepted by that common carrier service; or
(iii) the cargo is proprietary cargo owned by the owner of the vessel or any affiliated entity or subsidiary.
(C) In this paragraph, the term "proprietary cargo" means cargo that—
(i) is used by the owner of the vessel or any affiliated entity or subsidiary in activities directly related to fishing or the processing of fish;
(ii) is consumed by employees of the owner of the vessel or any affiliated entity or subsidiary who are engaged in fishing or in the processing of fish; or
(iii) consists of fish or fish products harvested or processed by the owner of the vessel or any affiliated entity or subsidiary.
(D) Notwithstanding the restrictions in subparagraph (B) of this paragraph, vessels qualifying under subparagraph (B) may transport cargo (including fishery-related products) from a place in Alaska receiving weekly common carrier service by water to a final destination in Alaska not receiving weekly service by water from common carriers.
(4) A fish tender vessel is exempt from
(A) is not more than 500 gross tons as measured under
(B) has an incline test performed by a marine surveyor; and
(C) has written stability instructions posted on board the vessel.
(d)(1) A motor vessel of less than 150 gross tons as measured under
(A) southeastern Alaska shoreward of the Boundary Line; or
(B) southeastern Alaska shoreward of the Boundary Line and—
(i) Prince Rupert, British Columbia; or
(ii) waters of Washington shoreward of the Boundary Line, via sheltered waters, as defined in article I of the treaty dated December 9, 1933, between the United States and Canada defining certain waters as sheltered waters.
(2) The transportation authorized under this subsection is limited to and from places not receiving annual weekly transportation service from any part of the United States by an established water common carrier. However, the limitation does not apply to transporting cargo of a character not accepted for transportation by that carrier.
(e) A vessel laid up, dismantled, or out of commission is exempt from inspection.
(f) Section 3301(4) and (8) of this title does not apply to an oceanographic research vessel because it is carrying scientific personnel.
(g)(1) Except when compliance with major structural or major equipment requirements is necessary to remove an especially hazardous condition, an offshore supply vessel is not subject to regulations or standards for those requirements if the vessel—
(A) was operating as an offshore supply vessel before January 2, 1979; or
(B) was contracted for before January 2, 1979, and entered into service as an offshore supply vessel before October 6, 1980.
(2) After December 31, 1988, this subsection does not apply to an offshore supply vessel that is at least 20 years of age.
(h) An offshore supply vessel operating on January 1, 1979, under a certificate of inspection issued by the Secretary, is subject to an inspection standard or requirement only if the standard or requirement could have been prescribed for the vessel under authority existing under law on October 5, 1980.
(i)(1) The Secretary may issue a permit exempting a vessel from any part of the requirements of this part for vessels transporting cargo, including bulk fuel, from one place in Alaska to another place in Alaska only if the vessel—
(A) is not more than 300 gross tons as measured under
(B) is in a condition that does not present an immediate threat to the safety of life or the environment; and
(C) was operating in the waters off Alaska as of June 1, 1976, or the vessel is a replacement for a vessel that was operating in the waters off Alaska as of June 1, 1976, if the vessel being replaced is no longer in service.
(2) Except in a situation declared to be an emergency by the Secretary, a vessel operating under a permit may not transport cargo to or from a place if the cargo could be transported by another commercial vessel that is reasonably available and that does not require exemptions to operate legally or if the cargo could be readily transported by overland routes.
(3) A permit may be issued for a specific voyage or for not more than one year. The permit may impose specific requirements about the amount or type of cargo to be carried, manning, the areas or specific routes over which the vessel may operate, or other similar matters. The duration of the permit and restrictions contained in the permit shall be at the sole discretion of the Secretary.
(4) A designated Coast Guard official who has reason to believe that a vessel issued a permit is in a condition or is operated in a manner that creates an immediate threat to the safety of life or the environment or is operated in a manner that is inconsistent with the terms of the permit, may direct the master or individual in charge to take immediate and reasonable steps to safeguard life and the environment, including directing the vessel to a port or other refuge.
(5) If a vessel issued a permit creates an immediate threat to the safety of life or the environment, or is operated in a manner inconsistent with the terms of the permit or the requirements of paragraph (2) of this subsection, the permit may be revoked. The owner, charterer, managing operator, agent, master, or individual in charge of a vessel issued a permit, that willfully permits the vessel to be operated, or operates, the vessel in a manner inconsistent with the terms of the permit, is liable to the United States Government for a civil penalty of not more than $1,000.
(j) Notwithstanding another provision of this chapter, the Secretary is not required to inspect or prescribe regulations for a nautical school vessel of not more than 15 gross tons as measured under
(1) when used in connection with a course of instruction dealing with any aspect of maritime education or study; and
(2) operated by—
(A) the United States Merchant Marine Academy; or
(B) a State maritime academy assisted under section 1304 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1295c).
(k) Only the boiler, engine, and other operating machinery of a steam vessel that is a recreational vessel of not more than 65 feet overall in length are subject to inspection under
(l)(1) The Secretary may issue a permit exempting the following vessels from the requirements of this part for passenger vessels so long as the vessels are owned by nonprofit organizations and operated as nonprofit memorials to merchant mariners:
(A) The steamship John W. Brown (United States official number 242209), owned by Project Liberty Ship Baltimore, Incorporated, located in Baltimore, Maryland.
(B) The steamship Lane Victory (United States official number 248094), owned by the United States Merchant Marine Veterans of World War II, located in San Pedro, California.
(C) The steamship Jeremiah O'Brien (United States official number 243622), owned by the National Liberty Ship Memorial, Inc..2
(2) The Secretary may issue a permit for a specific voyage or for not more than one year. The Secretary may impose specific requirements about the number of passengers to be carried, manning, the areas or specific routes over which the vessel may operate, or other similar matters.
(3) A designated Coast Guard official who has reason to believe that a vessel operating under this subsection is in a condition or is operated in a manner that creates an immediate threat to life or the environment or is operated in a manner that is inconsistent with this section, may direct the master or individual in charge to take immediate and reasonable steps to safeguard life and the environment, including directing the vessel to a port or other refuge.
(m) A seagoing barge is not subject to inspection under
(1) a hazardous material as cargo; or
(2) a flammable or combustible liquid, including oil, in bulk.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3302 | 46:367 46:390 46:391(e) 46:404 46:420 46:442 |
Section 3302 does three things. It makes clear that a vessel included in one of the ten categories of vessels subject to inspection is not necessarily excluded from another category of vessel that is subject to inspection. For example, a vessel inspected and certified as a small passenger vessel would, when carrying oil or hazardous materials in bulk as cargo or cargo residue, also have to be inspected as a tank vessel. It makes it clear that a vessel excluded by section 3302 from the requirements of inspection in any one of the ten categories is not necessarily excluded from inspection as a vessel in another category. This section also contains a number of exemptions for certain classes of vessels and for those vessels engaged in a specific trade that have been considered to be of a special circumstance.
Amendments
1999—Subsec. (l)(1)(C).
1996—Subsec. (b).
Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (c)(3).
"(A) when transporting cargo to or from a place in Alaska—
"(i) that place does not receive weekly common carrier service by water from a place in the United States; or
"(ii) the cargo is of a type not accepted by that common carrier service; or
"(B) in the case of a fish tender vessel, the vessel is not engaged in the Aleutian trade."
Subsec. (c)(4)(A).
Subsec. (d)(1).
Subsec. (i)(1)(A).
Subsec. (j).
1993—Subsec. (m).
1990—Subsec. (c)(3), (4).
Subsec. (j)(2)(B).
Subsec. (l).
1986—Subsec. (i)(5).
Subsec. (k).
1984—Subsec. (b).
Subsec. (c).
"(1) Before January 1, 1988, a motor vessel is exempt from
"(A) is a cannery tender or a fishing tender in the salmon or crab fisheries of Alaska, Oregon, and Washington; and
"(B) only carries cargo to or from vessels in those fisheries or a facility used in processing or assembling fishery products, or transports cannery or fishing personnel to or from operating locations.
"(2) Before January 1, 1988, a vessel is exempt from
Effective Date of 1990 Amendment
Amendment by section 602(b) of
Vessels Repaired or Retrofitted for Mobile Trade Fair Purposes Deemed Out of Commission
Exemption of Certain Fishing and Fish Processing Vessels
Section 403 of
"(a) Except as provided in
"(b) A fish processing vessel entered into service before January 1, 1988, and more than 1,600 gross tons or entered into service after December 31, 1987, and having more than 16 individuals on board primarily employed in the preparation of fish or fish products is exempt from
"(c) As used in subsections (a) and (b) of this section, the terms 'fishing vessel', 'fish processing vessel' and 'fish tender vessel' shall have the meaning given to such terms in
Offshore Supply Vessels; Transition Period for Compliance With Vessel Inspection Provisions
Section 2(i) of
1 So in original. Probably should be followed by a comma.
§3303. Reciprocity for foreign vessels
Except as provided in
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3303 | 46:362(a) 46:390c 46:391a(3) |
Section 3303 acknowledges the international concept of comity with respect to recognizing inspection laws and standards for foreign flag vessels that are similar to those of the United States. If a foreign nation is signatory to the International Convention for Safety of Life at Sea, it is presumed to have similar standards. However, reciprocity requirements for foreign flag tank vessels are included in
Amendments
1996—
1992—Subsec. (a).
International Convention for Safety of Life at Sea
For International Conventions for the Safety of Life at Sea to which the United States has been a party, see
Section Referred to in Other Sections
This section is referred to in
§3304. Transporting individuals in addition to crew
(a) A documented vessel transporting cargo that transports not more than 12 individuals in addition to the crew on international voyages, or not more than 16 individuals in addition to the crew on other voyages, is not subject to inspection as a passenger vessel or a small passenger vessel if the vessel is otherwise subject to inspection under this chapter.
(b) Except when subsection (e) of this section applies, before an individual in addition to the crew is transported on a vessel as permitted by this section, the owner, charterer, managing operator, agent, master, or individual in charge of the vessel first shall notify the individual of the presence on board of dangerous articles as defined by law, and of other conditions or circumstances that would constitute a risk of safety to the individual on board.
(c) A privilege authorized by this section applies to a vessel of a foreign country that affords a similar privilege to vessels of the United States in trades not restricted to vessels under its own flag.
(d) A fishing, fish processing, or fish tender vessel that transports not more than 12 individuals employed in the fishing industry in addition to the crew is not subject to inspection as a passenger or small passenger vessel.
(e) The Secretary may by regulation allow individuals in addition to the crew to be transported in an emergency or under
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3304 | 46:390–393 46:882 |
Section 3304 permits the carriage of not more than 12 individuals in addition to the crew on international voyages or not more than 16 individuals in addition to the crew on other voyages without subjecting a documented vessel carrying cargo to the inspection requirements of a passenger vessel. This section permits the bulk of vessels subject to the International Convention for Safety of Life at Sea to carry up to 12 passengers and to permit other cargo vessels, primarily those engaged in the coastwise trade, to carry up to 16 passengers without being categorized as passenger vessels. It also requires that these individuals be notified of the presence of dangerous articles or other conditions or circumstances that constitute a risk of safety. This is of prime importance on tank vessels that carry flammable or hazardous cargoes.
Amendments
1986—
Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (e).
1984—Subsec. (d).
Section Referred to in Other Sections
This section is referred to in
§3305. Scope and standards of inspection
(a) The inspection process shall ensure that a vessel subject to inspection—
(1) is of a structure suitable for the service in which it is to be employed;
(2) is equipped with proper appliances for lifesaving, fire prevention, and firefighting;
(3) has suitable accommodations for the crew, sailing school instructors, and sailing school students, and for passengers on the vessel if authorized to carry passengers;
(4) is in a condition to be operated with safety to life and property; and
(5) complies with applicable marine safety laws and regulations.
(b) If an inspection, or examination under
(c) A nautical school vessel operated by a civilian nautical school or by an educational institution under section 13 of the Coast Guard Authorization Act of 1986 shall be inspected like a small passenger vessel or a passenger vessel, depending on its tonnage.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3305 | 46:369 |
| 46:390a | |
| 46:391 | |
| 46:392 | |
| 46:395 | |
| 46:404–1 | |
| 46:405 | |
| 46:406 | |
| 46:407 | |
| 46:408 | |
| 46:660a | |
| 46:881 |
Section 3305 consolidates, at one place, the basic scope of coverage of the inspection process. It is to be noted that the time difference in enactment of various statutes has resulted in some anomalies. Thus, for example, R.S. 4417 (
Section 3305(a) establishes the statutory scope of the Coast Guard's vessel inspection authority and duty. The inspection process shall ensure that a vessel is of suitable structure, equipment, and accommodations, is maintained in an operating condition consistent with safety of life and property, and complies with applicable marine safety laws and regulations.
Subsection (b) requires that defective life preservers and firehose be destroyed in the presence of the inspecting official, normally a qualified Coast Guard marine inspector. The Committee believes that if this equipment is defective for use on an inspected vessel, it should be destroyed so that it cannot be used on an uninspected or recreational vessel.
Subsection (c) provides flexibility in the inspection of various sizes of nautical school vessels.
References in Text
Section 13 of the Coast Guard Authorization Act of 1986, referred to in subsec. (c), is section 13 of
Amendments
1986—Subsec. (c).
1985—Subsec. (b).
§3306. Regulations
(a) To carry out this part and to secure the safety of individuals and property on board vessels subject to inspection, the Secretary shall prescribe necessary regulations to ensure the proper execution of, and to carry out, this part in the most effective manner for—
(1) the design, construction, alteration, repair, and operation of those vessels, including superstructures, hulls, fittings, equipment, appliances, propulsion machinery, auxiliary machinery, boilers, unfired pressure vessels, piping, electric installations, and accommodations for passengers and crew, sailing school instructors, and sailing school students;
(2) lifesaving equipment and its use;
(3) firefighting equipment, its use, and precautionary measures to guard against fire;
(4) inspections and tests related to paragraphs (1), (2), and (3) of this subsection; and
(5) the use of vessel stores and other supplies of a dangerous nature.
(b)(1) Equipment and material subject to regulation under this section may not be used on any vessel without prior approval of the Secretary.
(2) Except with respect to use on a public vessel, the Secretary may treat an approval of equipment or materials by a foreign government as approval by the Secretary for purposes of paragraph (1) if the Secretary determines that—
(A) the design standards and testing procedures used by that government meet the requirements of the International Convention for the Safety of Life at Sea, 1974;
(B) the approval of the equipment or material by the foreign government will secure the safety of individuals and property on board vessels subject to inspection; and
(C) for lifesaving equipment, the foreign government—
(i) has given equivalent treatment to approvals of lifesaving equipment by the Secretary; and
(ii) otherwise ensures that lifesaving equipment approved by the Secretary may be used on vessels that are documented and subject to inspection under the laws of that country.
(c) In prescribing regulations for sailing school vessels, the Secretary shall consult with representatives of the private sector having experience in the operation of vessels likely to be certificated as sailing school vessels. The regulations shall—
(1) reflect the specialized nature of sailing school vessel operations, and the character, design, and construction of vessels operating as sailing school vessels; and
(2) include requirements for notice to sailing school instructors and sailing school students about the specialized nature of sailing school vessels and applicable safety regulations.
(d) In prescribing regulations for nautical school vessels operated by the United States Merchant Marine Academy or by a State maritime academy (as defined in section 1302(3) of the Merchant Marine Act, 1936 (46 App. U.S.C. 1295a(3))), the Secretary shall consider the function, purpose, and operation of the vessels, their routes, and the number of individuals who may be carried on the vessels.
(e) When the Secretary finds it in the public interest, the Secretary may suspend or grant exemptions from the requirements of a regulation prescribed under this section related to lifesaving and firefighting equipment, muster lists, ground tackle and hawsers, and bilge systems.
(f) In prescribing regulations for offshore supply vessels, the Secretary shall consider the characteristics, methods of operation, and the nature of the service of offshore supply vessels.
(g) In prescribing regulations for fish processing or fish tender vessels, the Secretary shall consult with representatives of the private sector having experience in the operation of these vessels. The regulations shall reflect the specialized nature and economics of fish processing or fish tender vessel operations and the character, design, and construction of fish processing or fish tender vessels.
(h) The Secretary shall establish appropriate structural fire protection, manning, operating, and equipment requirements for vessels of at least 100 gross tons but less than 300 gross tons as measured under
(i) The Secretary shall establish appropriate structural fire protection, manning, operating, and equipment requirements for former public vessels of the United States of at least 100 gross tons but less that 500 gross tons as measured under
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3306 | 46:366 |
| 46:369 | |
| 46:375 | |
| 46:390b | |
| 46:392 | |
| 46:404 | |
| 46:408 | |
| 46:411 | |
| 46:412 | |
| 46:416 | |
| 46:420 | |
| 46:445 | |
| 46:459 | |
| 46:473 | |
| 46:477 | |
| 46:478 | |
| 46:479 | |
| 46:481 | |
| 46:482 | |
| 46:483 | |
| 46:489 | |
| 46:526p | |
| 46:1295f(c) |
Section 3306 contains broad authority to prescribe regulations for the proper inspection and certification of vessels. It provides regulatory flexibility for meeting technological changes. The section also permits flexibility in prescribing regulations for nautical school vessels operated by the United States Merchant Marine Academy or by a State maritime academy. The Secretary may suspend or grant exemptions to certain limited inspection requirements when the Secretary finds that this is necessary in the public interest. It also contains the requirement that in regulating offshore supply vessels consideration must be given to the special nature of their operations.
Amendments
1996—Subsec. (a)(4).
Subsec. (b).
Subsec. (h).
Subsec. (i).
1993—Subsecs. (h), (i).
1984—Subsec. (g).
Regulations
Section 512(b), (c) of
"(b) The Secretary of Transportation shall, within twenty-four months of the date of enactment of this Act [Dec. 20, 1993], prescribe regulations establishing the structural fire protection, manning, operating, and equipment requirements for vessels which meet the requirements of subsections (h) and (i) of
"(c) Before the Secretary of Transportation prescribes regulations under subsections (h) and (i) of
Foreign Approvals
Section 604(b) of
International Convention for Safety of Life at Sea
For International Conventions for the Safety of Life at Sea to which the United States has been a party, see
Section Referred to in Other Sections
This section is referred to in
§3307. Frequency of inspection
Each vessel subject to inspection under this part shall undergo an initial inspection for certification before being put into service. After being put into service—
(1) each passenger vessel, nautical school vessel, and small passenger vessel allowed to carry more than 12 passengers on a foreign voyage shall be inspected at least once a year; and
(2) any other vessel shall be inspected at least once every 5 years.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3307(1) | 46:391(c) 46:1295f(c) |
| 3307(2) | 46:390a(a) 46:404–1(6)(i) |
| 3307(3) | 46:391(b) 46:392(b) 46:404–1(6)(ii) |
Section 3307 requires each vessel subject to inspection to undergo an initial inspection prior to being placed in service. This is normally started during the construction or reconstruction phase and is a continuing process until final certification for operation in a particular trade. Subsequent periodic inspections are also required for various types of vessels. It is to be noted that a freight vessel of less than 100 gross tons shall be inspected at 3 year intervals while the larger freight vessel has a 2 year inspection period. This is being done to retain the existing procedure of issuing 3 year certificates of inspection to smaller vessels, however, this does not prevent periodic inspections or examinations at intervening periods.
Amendments
1996—Par. (1).
Pars. (2), (3).
Section Referred to in Other Sections
This section is referred to in
§3308. Examinations
In addition to inspections required by
(1) each vessel subject to inspection at proper times to ensure compliance with law and regulations; and
(2) crewmember accommodations on each vessel subject to inspection at least once a month or when the vessel enters United States ports to ensure that the accommodations are—
(A) of the size required by law and regulations;
(B) properly ventilated and in a clean and sanitary condition; and
(C) equipped with proper plumbing and mechanical appliances required by law and regulations, and the appliances are in good working condition.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3308 | 46:435 46:660a 46:660b |
Section 3308 requires the Secretary to carry out additional inspections as might be necessary to ensure compliance with applicable laws and regulations, and to ensure that accommodations are maintained in a sanitary condition and that all appliances are in good working order.
Amendments
1996—
Section Referred to in Other Sections
This section is referred to in
§3309. Certificate of inspection
(a) When an inspection under
(b) The Secretary may issue a temporary certificate of inspection in place of a regular certificate of inspection issued under subsection (a) of this section.
(c) At least 30 days before the current certificate of inspection issued to a vessel under subsection (a) of this section expires, the owner, charterer, managing operator, agent, master, or individual in charge of the vessel shall submit to the Secretary in writing a notice that the vessel—
(1) will be required to be inspected; or
(2) will not be operated so as to require an inspection.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3309 | 46:390c 46:391a(8) 46:395(d) 46:399 |
Section 3309 provides for the issuance of a certificate of inspection that attests to the fact that the vessel has been found to be in compliance with the applicable maritime safety laws and regulations. Under this provision the Coast Guard can issue a temporary certificate of inspection upon compliance with the applicable laws or regulations to facilitate the preparation, processing, and forwarding of the regular certificate of inspection to the vessel. A temporary certificate does not imply less than satisfactory compliance.
Amendments
1996—Subsec. (c).
1984—Subsec. (c).
Effective Date of 1984 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§3310. Records of certification
The Secretary shall keep records of certificates of inspection of vessels and of all acts in the examination and inspection of vessels, whether of approval or disapproval.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3310 | 46:414 |
Section 3310 contains the requirement for maintaining inspection records.
§3311. Certificate of inspection required
(a) Except as provided in subsection (b), a vessel subject to inspection under this part may not be operated without having on board a certificate of inspection issued under
(b) The Secretary may direct the owner, charterer, managing operator, agent, master, or individual in charge of a vessel subject to inspection under this chapter and not having on board a certificate of inspection—
(1) to have the vessel proceed to mooring and remain there until a certificate of inspection is issued;
(2) to take immediate steps necessary for the safety of the vessel, individuals on board the vessel, or the environment; or
(3) to have the vessel proceed to a place to make repairs necessary to obtain a certificate of inspection.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3311 | 46:390c 46:395 46:399 |
Section 3311 prohibits the operation of a vessel subject to inspection without having on board a valid certificate of inspection.
Amendments
1984—
Section Referred to in Other Sections
This section is referred to in
§3312. Display of certificate of inspection
The certificate of inspection issued to a vessel under
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3312 | 46:400 |
Section 3312 requires the conspicuous display of the certificate of inspection to provide notice that the vessel is in compliance with applicable maritime safety laws and regulations. The section also applies to the posting of the temporary certificate of inspection.
§3313. Compliance with certificate of inspection
(a) During the term of a vessel's certificate of inspection, the vessel must be in compliance with its conditions, unless relieved by a suspension or an exemption granted under
(b) When a vessel is not in compliance with its certificate or fails to meet a standard prescribed by this part or a regulation prescribed under this part—
(1) the owner, charterer, managing operator, agent, master, or individual in charge shall be ordered in writing to correct the noted deficiencies promptly;
(2) the Secretary may permit any repairs to be made at a place most convenient to the owner, charterer, or managing operator when the Secretary decides the repairs can be made with safety to those on board and the vessel;
(3) the vessel may be required to cease operating at once; and
(4) if necessary, the certificate shall be suspended or revoked.
(c) The vessel's certificate of inspection shall be revoked if a condition unsafe to life that is ordered to be corrected under this section is not corrected at once.
(d) The owner, charterer, managing operator, agent, master, or individual in charge of a vessel whose certificate has been suspended or revoked shall be given written notice immediately of the suspension or revocation. The owner or master may appeal to the Secretary the suspension or revocation within 30 days of receiving the notice, as provided by regulations prescribed by the Secretary.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3313 | 46:390c 46:391a(8) 46:435 |
Section 3313 requires a vessel to be maintained in a condition so as to always be in compliance with the applicable laws and regulations. Here the master, owner, or other responsible party is required to maintain the vessel to inspection standards and to correct all deficiencies observed. When a vessel is not in compliance with its certificate the responsible parties shall be ordered in writing to correct the deficiencies promptly. The section provides flexibility as to when and where these deficiencies may be corrected consistent with the safety of the vessel and crew. The section provides authority to require the vessel to cease operating or, if necessary, to suspend or revoke its certificate of inspection when found not to be in compliance with its certificate or regulations. The owner or master, or other responsible party must be given written notice and may appeal this action within 30 days of receiving the notice.
§3314. Expiration of certificate of inspection
(a) If the certificate of inspection of a vessel expires when the vessel is on a foreign voyage, the vessel may complete the voyage to a port of the United States within 30 days of the expiration of the certificate without incurring the penalties for operating without a certificate of inspection.
(b) If the certificate of inspection would expire within 15 days of sailing on a foreign voyage from a United States port, the vessel shall secure a new certificate of inspection before sailing, unless the voyage is scheduled to be completed prior to the expiration date of the certificate. If a voyage scheduled to be completed in that time is not so completed, the applicable penalties may be enforced unless the failure to meet the schedule was beyond the control of the owner, charterer, managing operator, agent, master, or individual in charge of the vessel.
(c) When the certificate of inspection of a foreign vessel carrying passengers, operated on a regularly established line, expires at sea after leaving the country to which it belongs or when the vessel is in the United States, the Secretary may permit the vessel to sail on its regular route without further inspection than would have been required had the certificate not expired. This permission applies only when the vessel will be regularly inspected and issued a certificate before the vessel's next return to the United States.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3314 | 46:362 46:399 |
Section 3314 contains the procedures for when a vessel's certificate of inspection expires while on a foreign voyage.
§3315. Disclosure of defects and protection of informants
(a) Each individual licensed under part E of this subtitle shall assist in the inspection or examination under this part of the vessel on which the individual is serving, and shall point out defects and imperfections known to the individual in matters subject to regulations and inspection. The individual also shall make known to officials designated to enforce this part, at the earliest opportunity, any marine casualty producing serious injury to the vessel, its equipment, or individuals on the vessel.
(b) An official may not disclose the name of an individual providing information under this section, or the source of the information, to a person except a person authorized by the Secretary. An official violating this subsection is liable to disciplinary action under applicable law.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3315 | 46:234 |
Section 3315 requires an individual holding a license issued by the Coast Guard to assist inspection authorities and to make defects and imperfections known to those authorities. Anyone licensed also has a duty to report any marine casualty producing serious injury to the vessel, its equipment, or individuals on board the vessel. These licensed individuals who have this statutorily imposed duty to disclose are also protected by prohibiting any government official from disclosing the identity or source of the information except as authorized by the Secretary.
§3316. Classification societies
(a) Each department, agency, and instrumentality of the United States Government shall recognize the American Bureau of Shipping as its agent in classifying vessels owned by the Government and in matters related to classification, as long as the Bureau is maintained as an organization having no capital stock and paying no dividends. The Secretary and the Secretary of Transportation each shall appoint one representative (except when the Secretary is the Secretary of Transportation, in which case the Secretary shall appoint both representatives) who shall represent the Government on the executive committee of the Bureau. The Bureau shall agree that the representatives shall be accepted by it as active members of the committee. The representatives shall serve without compensation, except for necessary traveling expenses.
(b)(1) The Secretary may delegate to the American Bureau of Shipping or another classification society recognized by the Secretary as meeting acceptable standards for such a society, for a vessel documented or to be documented under
(A) review and approve plans required for issuing a certificate of inspection required by this part;
(B) conduct inspections and examinations; and
(C) issue a certificate of inspection required by this part and other related documents.
(2) The Secretary may make a delegation under paragraph (1) to a foreign classification society only—
(A) to the extent that the government of the foreign country in which the society is headquartered delegates authority and provides access to the American Bureau of Shipping to inspect, certify, and provide related services to vessels documented in that country; and
(B) if the foreign classification society has offices and maintains records in the United States.
(3) When an inspection or examination has been delegated under this subsection, the Secretary's delegate—
(A) shall maintain in the United States complete files of all information derived from or necessarily connected with the inspection or examination for at least 2 years after the vessel ceases to be certified; and
(B) shall permit access to those files at all reasonable times to any officer, employee, or member of the Coast Guard designated—
(i) as a marine inspector and serving in a position as a marine inspector; or
(ii) in writing by the Secretary to have access to those files.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3316 | 46:9 (less (c)) 46:369 46:881 |
Section 3316 prescribes the relationship between certain classification societies and the Federal Government with respect to the promotion of maritime safety and the security of life and property at sea. Briefly stated, a classification society, like the American Bureau of Shipping (ABS), establishes and administers standards for the design, construction, and periodic survey of commercial vessels, yachts, and other marine structures. Classification certifies adherence to these standards, thus representing that a vessel or structure possesses the structural and mechanical fitness required for its intended service.
The section requires that a Federal department, agency, or instrumentality recognize the American Bureau of Shipping as its agent for classing vessels owned by the Federal Government and in any matters related to classification. In effect, the ABS has a statutory monopoly on classing vessels of the United States Government. Additionally, the section contains the authority to permit the Secretary to rely on reports, documents, and certificates issued by a classification society that is similar to the American Bureau of Shipping. However, a "similar classification society" continues to mean one that is organized like the American Bureau of Shipping with attendant governmental representation.
Amendments
1996—
Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
§3317. Fees
(a) The Secretary may prescribe by regulation fees for inspecting or examining a small passenger vessel or a sailing school vessel.
(b) When an inspection or examination under this part of a documented vessel or a foreign vessel is conducted at a foreign port or place at the request of the owner or managing operator of the vessel, the owner or operator shall reimburse the Secretary for the travel and subsistence expenses incurred by the personnel assigned to perform the inspection or examination. Amounts received as reimbursement for these expenses shall be credited to the appropriation for operating expenses of the Coast Guard.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3317 | 46:390a(b) 46:382b–1 |
Section 3317 provides the regulatory authority for prescribing fees for the inspection of small passenger vessels and sailing school vessels. Although section 2110 generally prohibits fees of this nature, this provision is consistent with the exception that permits specific statutory authorization for fee collection. Subsection (b) requires the reimbursement of expenses for the conduct of an inspection or examination at a foreign port or place when done there for the convenience of the owner or operator of the vessel.
Amendments
1992—Subsec. (b).
§3318. Penalties
(a) Except as otherwise provided in this part, the owner, charterer, managing operator, agent, master, or individual in charge of a vessel operated in violation of this part or a regulation prescribed under this part, and a person violating a regulation that applies to a small passenger vessel, freight vessel of less than 100 gross tons as measured under
(b)(1) A person that knowingly manufactures, sells, offers for sale, or possesses with intent to sell, any equipment subject to this part, and the equipment is so defective as to be insufficient to accomplish the purpose for which it is intended, commits a class D felony.
(2) A person commits a class D felony if the person—
(A) alters or services lifesaving, fire safety, or any other equipment subject to this part for compensation; and
(B) by that alteration or servicing, intentionally renders that equipment unsafe and unfit for the purpose for which it is intended.
(c) A person that employs a means or device whereby a boiler may be subjected to a pressure greater than allowed by the terms of the vessel's certificate of inspection commits a class D felony.
(d) A person that deranges or hinders the operation of any machinery or device employed on a vessel to denote the state of steam or water in any boiler or to give warning of approaching danger, or permits the water level of any boiler when in operation of a vessel to fall below its prescribed low-water line, commits a class D felony.
(e) A person that alters, defaces, obliterates, removes, or destroys any plans or specifications required by and approved under a regulation prescribed under
(f) A person commits a class D felony.1 if the person—
(1) forges or counterfeits with intent to make it appear genuine any mark or stamp prescribed for material to be tested and approved under
(2) knowingly uses, affixes, or causes to be used or affixed, any such forged or counterfeited mark or stamp to or on material of any description;
(3) with fraudulent intent, possesses any such mark, stamp, or other device knowing it to be forged or counterfeited; or
(4) with fraudulent intent, marks or causes to be marked with the trademark or name of another, material required to be tested and approved under
(g) A person is liable to the Government for a civil penalty of not more than $5,000, if the person—
(1) interferes with the inspection of a nautical school vessel;
(2) violates a regulation prescribed for a nautical school vessel;
(3) is an owner of a nautical school vessel operated in violation of this part; or
(4) is an officer or member of the board of directors of a school, organization, association, partnership, or corporation owning a nautical school vessel operated in violation of a regulation prescribed for a nautical school vessel.
(h) An owner, charterer, managing operator, agent, master, or individual in charge of a vessel that fails to give the notice required by
(i) A person violating
(j)(1) An owner, charterer, managing operator, agent, master, or individual in charge of a vessel required to be inspected under this chapter operating the vessel without the certificate of inspection is liable to the Government for a civil penalty of not more than $10,000 for each day during which the violation occurs, except when the violation involves operation of a vessel of less than 1,600 gross tons as measured under
(2) A person is not liable for a penalty under this subsection if—
(A) the owner, charterer, managing operator, agent, master, or individual in charge of the vessel has notified the Secretary under
(B) the owner, charterer, managing operator, agent, master, or individual in charge of the vessel has complied with all other directions and requirements for obtaining an inspection under this part; and
(C) the Secretary believes that unforeseen circumstances exist so that it is not feasible to conduct a scheduled inspection before the expiration of the certificate of inspection.
(k) The owner, charterer, managing operator, agent, master, or individual in charge of a vessel failing to comply with a direction issued by the Secretary under
(l) A person committing an act described by subsections (b)–(f) of this section is liable to the Government for a civil penalty of not more than $5,000. If the violation involves the operation of a vessel, the vessel also is liable in rem for the penalty.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3318 | 46:369(e) 46:390d 46:398 46:403 46:407 46:408 46:410 46:413 46:436 46:481(d) 46:1295f(d)(2), (3) |
Section 3318 provides for a number of specific civil and criminal penalties.
Amendments
1996—Subsec. (a).
Subsec. (b)(1).
Subsec. (j)(1).
1990—Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
1986—Subsec. (f).
1984—Subsec. (a).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
Subsec. (g).
Subsec. (h).
Subsecs. (i) to (l).
Effective Date of 1990 Amendment
Amendment by
1 So in original. The period probably should be a comma.
CHAPTER 35 —CARRIAGE OF PASSENGERS
Historical and Revision Notes
§3501. Number of passengers
(a) Each certificate of inspection issued to a vessel carrying passengers (except a ferry) shall include a statement on the number of passengers that the vessel is permitted to carry.
(b) The owner, charterer, managing operator, agent, master, or individual in charge of a vessel is liable to a person suing them for carrying more passengers than the number of passengers permitted by the certificate of inspection in an amount equal to—
(1) passage money; and
(2) $100 for each passenger in excess of the number of passengers permitted.
(c) An owner, charterer, managing operator, agent, master, or individual in charge of a vessel that knowingly carries more passengers than the number of passengers permitted by the certificate of inspection also shall be fined not more than $100, imprisoned for not more than 30 days, or both.
(d) The vessel also is liable in rem for a penalty under this section.
(e) An offshore supply vessel may not carry passengers except in an emergency.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3501 | 46:404–1 46:451 46:452 46:462 |
Section 3501 requires that a vessel carrying passengers, including a passenger vessel as well as a small passenger vessel (except a ferry), shall have on the certificate of inspection a statement as to the number of passengers the vessel is permitted to carry. It also provides penalties for carrying passengers in excess of the number permitted.
Amendments
1985—Subsec. (a).
Subsec. (c).
Effective Date
Chapter effective Apr. 15, 1984, see section 2(g)(1) of
§3502. List or count of passengers
(a) The owner, charterer, managing operator, master, or individual in charge of the following categories of vessels carrying passengers shall keep a correct list of passengers received and delivered from day to day:
(1) vessels arriving from foreign ports (except at United States Great Lakes ports from Canadian Great Lakes ports).
(2) seagoing vessels in the coastwise trade.
(3) passenger vessels making voyages of more than 300 miles on the Great Lakes except from a Canadian to a United States port.
(b) The master of a vessel carrying passengers (except a vessel listed in subsection (a) of this section) shall keep a correct count of all passengers received and delivered.
(c) Lists and counts required under this section shall be open to the inspection of designated officials of the Coast Guard and the Customs Service at all times. The total number of passengers shall be provided to the Coast Guard when requested.
(d) This section applies to a foreign vessel arriving at a United States port.
(e) The owner, charterer, managing operator, master, or individual in charge of a passenger vessel failing to make a list or count of passengers as required by this section is liable to the United States Government for a civil penalty of $100. The vessel also is liable in rem for the penalty.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3502 | 46:460 46:460a 46:461 46:462 |
Section 3502 is related to section 3501 and requires the listing or counting of passengers on certain vessels. This requirement applies to large as well as small passenger vessels when operating on the types of voyages enumerated. This section also applies to a foreign vessel arriving at a port or place in the United States.
§3503. Fire-retardant materials
(a) A passenger vessel of the United States having berth or stateroom accommodations for at least 50 passengers shall be granted a certificate of inspection only if the vessel is constructed of fire-retardant materials. Before November 1, 2008, this section does not apply to any vessel in operation before January 1, 1968, and operating only within the Boundary Line.
(b)(1) When a vessel is exempted from the fire-retardant standards of this section—
(A) the owner or managing operator of the vessel shall notify prospective passengers that the vessel does not comply with applicable fire safety standards due primarily to the wooden construction of passenger berthing areas;
(B) the owner or managing operator of the vessel may not disclaim liability to a passenger for death, injury, or any other loss caused by fire due to the negligence of the owner or managing operator;
(C) the penalties provided in
(D) the owner or managing operator of the vessel shall notify the Coast Guard of structural alterations to the vessel, and with regard to those alterations comply with any noncombustible material requirements that the Coast Guard prescribes for nonpublic spaces. Coast Guard requirements shall be consistent with preservation of the historic integrity of the vessel in areas carrying or accessible to passengers or generally visible to the public.
(2) The Secretary shall prescribe regulations under this subsection on the manner in which prospective passengers are to be notified.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3503 | 46:369(b) |
Section 3503 requires the use of fire retardant materials on a vessel having berthing facilities for at least 50 passengers. This requirement in the case of vessels engaged in foreign trade is consistent with our international treaty obligations, which impose extensive and additional fire safety standards. A waiver that grandfathers existing inland river passenger vessels is also included.
Amendments
1996—Subsec. (a).
1991—Subsec. (a).
Subsec. (b)(1)(D).
1986—
Notification to Prospective Passengers of Noncompliance With Fire-Retardant Standards
Section 1(7)(B) of
§3504. Notification to passengers
(a) A person selling passage on a foreign or domestic passenger vessel having berth or stateroom accommodations for at least 50 passengers and embarking passengers at United States ports for a coastwise or an international voyage shall notify each prospective passenger of the safety standards applicable to the vessel in a manner prescribed by regulation.
(b) All promotional literature or advertising through any medium of communication in the United States offering passage or soliciting passengers for ocean voyages anywhere in the world shall include information similar to the information described in subsection (a) of this section, and shall specify the registry of each vessel named, as a part of the advertisement or description of the voyage. Except for the inclusion of the country of registry of the vessel, this subsection does not apply to voyages by vessels meeting the safety standards described in
(c) A person violating this section or a regulation prescribed under this section is liable to the United States Government for a civil penalty of not more than $10,000. If the violation involves the sale of tickets for passage, the owner, charterer, managing operator, agent, master, individual in charge, or any other person involved in each violation also is liable to the Government for a civil penalty of $500 for each ticket sold. The vessel on which passage is sold also is liable in rem for a violation of this section or a regulation prescribed under this section.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3504 | 46:362(b) |
Section 3504 requires notification to the public of the safety standards that are applicable to certain foreign flag or United States passenger vessels. In addition, all promotional literature or advertising that offers passage or solicits passengers for ocean voyages anywhere in the world shall include a safety standard statement and shall specify the registry of the vessel. If the vessel meets the international standards to which the United States adheres, then the safety standard statement need not be included. In all other cases the type of safety standard statement that must be included is as prescribed by regulation. This section is intended to place the United States public on notice as to the degree of fire safety compliance of a foreign-flag passenger vessel that does not operate or depart from a port or place in the United States but does embark passengers from the United States at nearby foreign ports. Departures from foreign ports are undertaken because the foreign-flag passenger vessel cannot comply with the safety standards applicable to a United States flag passenger vessel.
Section Referred to in Other Sections
This section is referred to in
§3505. Prevention of departure
Notwithstanding section 3303(a) 1 of this title, a foreign vessel may not depart from a United States port with passengers who are embarked at that port, if the Secretary finds that the vessel does not comply with the standards stated in the International Convention for the Safety of Life at Sea to which the United States Government is currently a party.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3505 | 46:362(c) |
Section 3505 prohibits the departure from a United States port or place of any passenger vessel of more than 100 gross tons having berthing for at least 50 passengers, if the vessel does not comply with the international maritime safety standards applicable to United States vessels.
References in Text
Amendments
1992—
International Convention for Safety of Life at Sea
For International Conventions for the Safety of Life at Sea to which the United States has been a party, see
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§3506. Copies of laws
A master of a passenger vessel shall keep on board a copy of this subtitle, to be provided by the Secretary at reasonable cost. If the master fails to do so, the master is liable to the United States Government for a civil penalty of $200.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3506 | 46:492 |
Section 3506 requires the master of a passenger vessel to keep on board a copy of subtitle II of title 46, U.S.C. Copies of the subtitle shall be provided by the Secretary at reasonable cost.
CHAPTER 37 —CARRIAGE OF LIQUID BULK DANGEROUS CARGOES
Amendments
1996—
1990—
Historical and Revision Notes
The history of Federal authority to carry out a tank vessel safety program begins with the enactment of the so-called Tank Vessel Act of 1936 which, as amended, is presently codified in
Chapter Referred to in Other Sections
This chapter is referred to in
1 So in original. Does not conform to section catchline.
§3701. Definitions
In this chapter—
(1) "existing", when referring to a type of vessel to which this chapter applies, means a vessel that is not a new vessel.
[(2) Repealed.
(3) "new", when referring to a type of vessel to which this chapter applies, means a vessel—
(A) for which the building contract is placed after June 1, 1979;
(B) in the absence of a building contract, the keel of which is laid, or which is at a similar stage of construction, after January 1, 1980;
(C) the delivery of which is after June 1, 1982; or
(D) that has undergone a major conversion under a contract made after June 1, 1979, or construction work that began after January 1, 1980, or was completed after June 1, 1982.
(4) "person" means an individual (even if not a citizen or national of the United States), a corporation, partnership, association, or other entity (even if not organized or existing under the laws of a State), the United States Government, a State or local government, a government of a foreign country, or an entity of one of those governments.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3701(1) | 46:391a(2)(R) |
| 3701(2) | 46:391a(2)(P) |
| 3701(3) | 46:391a(2)(Q) |
| 3701(4) | 46:391a(2)(F) |
| 3701(5) | 46:391a(2)(J) |
| 3701(6) | 46:391a(2)(K) |
Section 3701 contains definitions that are of a special nature with limited applicability to this chapter.
Amendments
1988—Par. (2).
1986—Pars. (5), (6).
Effective Date
Chapter effective Apr. 15, 1984, see section 2(g)(1) of
§3702. Application
(a) Subject to subsections (b)–(e) of this section, this chapter applies to a tank vessel.
(b) This chapter does not apply to a documented vessel that would be subject to this chapter only because of the transfer of fuel from the fuel supply tanks of the vessel to offshore drilling or production facilities in the oil industry if the vessel is—
(1) not more than 500 gross tons as measured under
(2) not a tanker; and
(3) in the service of oil exploitation.
(c) This chapter does not apply to a fishing or fish tender vessel of not more than 500 gross tons as measured under
(d) This chapter does not apply to a fish processing vessel of not more than 5,000 gross tons as measured under
(e) This chapter does not apply to a foreign vessel on innocent passage on the navigable waters of the United States.
(f) This chapter does not apply to an oil spill response vessel if—
(1) the vessel is used only in response-related activities; or
(2) the vessel is—
(A) not more than 500 gross tons as measured under
(B) designated in its certificate of inspection as an oil spill response vessel; and
(C) engaged in response-related activities.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3702 | 46:391a |
Section 3702, with certain exceptions, makes this chapter applicable to any tank vessel operating in the navigable waters of the United States or transferring oil or hazardous materials in any port or place subject to the jurisdiction of the United States, and which carries oil or any hazardous materials in bulk as cargo or in residue, regardless of tonnage, size or manner of propulsion; whether it is self-propelled or not; whether it is carrying freight or passengers for hire or not; and whether it is a vessel of the United States or a foreign vessel.
It exempts certain small vessels documented in the service of oil exploitation, certain small tender and fishing vessels used in the Northwest salmon or crab fisheries, certain vessels used in the processing and assembling of fishery products used in the Northwest fisheries, public vessels, and foreign vessels engaged on innocent passage on the navigable waters of the United States. However, processing vessels, while not treated as tank vessels, are still subject to regulation when carrying flammable or combustible liquid cargo in bulk.
Amendments
1996—Subsec. (b)(1).
Subsec. (c).
Subsec. (d).
Subsec. (f).
1984—Subsec. (c).
Subsec. (d).
Section Referred to in Other Sections
This section is referred to in
§3703. Regulations
(a) The Secretary shall prescribe regulations for the design, construction, alteration, repair, maintenance, operation, equipping, personnel qualification, and manning of vessels to which this chapter applies, that may be necessary for increased protection against hazards to life and property, for navigation and vessel safety, and for enhanced protection of the marine environment. The Secretary may prescribe different regulations applicable to vessels engaged in the domestic trade, and also may prescribe regulations that exceed standards set internationally. Regulations prescribed by the Secretary under this subsection are in addition to regulations prescribed under other laws that may apply to any of those vessels. Regulations prescribed under this subsection shall include requirements about—
(1) superstructures, hulls, cargo holds or tanks, fittings, equipment, appliances, propulsion machinery, auxiliary machinery, and boilers;
(2) the handling or stowage of cargo, the manner of handling or stowage of cargo, and the machinery and appliances used in the handling or stowage;
(3) equipment and appliances for lifesaving, fire protection, and prevention and mitigation of damage to the marine environment;
(4) the manning of vessels and the duties, qualifications, and training of the officers and crew;
(5) improvements in vessel maneuvering and stopping ability and other features that reduce the possibility of marine casualties;
(6) the reduction of cargo loss if a marine casualty occurs; and
(7) the reduction or elimination of discharges during ballasting, deballasting, tank cleaning, cargo handling, or other such activity.
(b) In prescribing regulations under subsection (a) of this section, the Secretary shall consider the types and grades of cargo permitted to be on board a tank vessel.
(c) In prescribing regulations under subsection (a) of this section, the Secretary shall establish procedures for consulting with, and receiving and considering the views of—
(1) interested departments, agencies, and instrumentalities of the United States Government;
(2) officials of State and local governments;
(3) representatives of port and harbor authorities and associations;
(4) representatives of environmental groups; and
(5) other interested parties knowledgeable or experienced in dealing with problems involving vessel safety, port and waterways safety, and protection of the marine environment.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3703 | 46:391a(6) 46:391a(12) |
Section 3703 requires the Secretary to issue regulations to implement this section. Specific items are listed to be included within the regulations issued. The regulatory authority must be exercised under the Administrative Procedure Act and, in prescribing these regulations, the Secretary must consider the kinds and grades of cargo carried on board. Furthermore, in addition to any requirements of the Administrative Procedure Act, the Secretary must establish specific consultation procedures for considering the views of various specified interested officials, groups, and individuals. The procedures are intended to provide for consultation as early as possible in the regulatory process.
Studies Addressing Various Sources of Oil Spill Risk
"(a)
"(1)
"(2)
"(3)
"(A) the specific risks posed to the public health or welfare of the United States, including fish, shellfish and wildlife, public and private property, shorelines, beaches, habitat, and other natural resources under the jurisdiction or control of the United States, as a result of an actual or threatened discharge of group-5 fuel oil from a vessel or facility;
"(B) cleanup technologies currently available to address actual or threatened discharge of group-5 fuel oil; and
"(C) any technological and financial barriers that prevent the prompt remediation of discharges of group-5 fuel oil.
"(4)
"(5)
"(b)
"(1)
"(2)
"(3)
"(4)
"(c)
Existing Tank Vessel Research
"(a)
"(b)
Oil Spill Prevention and Response Technology Test and Evaluation Program
"(a) Not later than 6 months after the date of enactment of this Act [Dec. 20, 1993], the Secretary of Transportation shall establish a program to evaluate the technological feasibility and environmental benefits of having tank vessels carry oil spill prevention and response technology. To implement the program the Secretary shall—
"(1) publish in the Federal Register an invitation for submission of proposals including plans and procedures for testing; and
"(2) review and evaluate technology using, to the maximum extent possible, existing evaluation and performance standards.
"(b) The Secretary shall, to the maximum extent possible, incorporate in the program established in subsection (a), the results of existing studies and evaluations of oil spill prevention and response technology carried on tank vessels.
"(c) Not later than 2 years after the date of the enactment of this Act [Dec. 20, 1993], the Secretary shall evaluate the results of the program established in subsection (a) and submit a report to Congress with recommendations on the feasibility and environmental benefits of, and appropriate equipment and utilization standards for, requiring tank vessels to carry oil spill prevention and response equipment.
"(d) Not later than 6 months after the date of the enactment of this Act [Dec. 20, 1993], the Secretary shall evaluate and report to the Congress on the feasibility of using segregated ballast tanks for emergency transfer of cargo and storage of recovered oil."
Regulations Requiring Periodic Gauging of Plating Thickness for Oil Carrying Commercial Vessels
"(1) establishing minimum standards for plating thickness; and
"(2) requiring, consistent with generally recognized principles of international law, periodic gauging of the plating thickness of all such vessels over 30 years old operating on the navigable waters or the waters of the exclusive economic zone."
Regulations Requiring Use of Overfill and Tank Level or Monitoring Devices on Oil Carrying Commercial Vessels
"(a)
"(b)
"(1) overfill devices, and
"(2) tank level or pressure monitoring devices,
which are referred to in subsection (a) and which meet the standards established by the Secretary under subsection (a), on vessels constructed or adapted to carry, or that carry, oil in bulk as cargo or cargo residue on the navigable waters and the waters of the exclusive economic zone."
Tanker Navigation Safety Standards Study
Rules Governing Operation of Vessels on Auto-Pilot or With Unattended Engine Room
Regulations Requiring Escorts for Certain Tankers; "Tanker" Defined
"(c)
"(d)
Section Referred to in Other Sections
This section is referred to in title 42 section 7511b.
§3703a. Tank vessel construction standards
(a) Except as otherwise provided in this section, a vessel to which this chapter applies shall be equipped with a double hull—
(1) if it is constructed or adapted to carry, or carries, oil in bulk as cargo or cargo residue; and
(2) when operating on the waters subject to the jurisdiction of the United States, including the Exclusive Economic Zone.
(b) This section does not apply to—
(1) a vessel used only to respond to a discharge of oil or a hazardous substance;
(2) a vessel of less than 5,000 gross tons as measured under
(3) before January 1, 2015—
(A) a vessel unloading oil in bulk at a deepwater port licensed under the Deepwater Port Act of 1974 (
(B) a delivering vessel that is offloading in lightering activities—
(i) within a lightering zone established under
(ii) more than 60 miles from the baseline from which the territorial sea of the United States is measured;
(4) a vessel documented under
(5) a barge of less than 1,500 gross tons (as measured under
(6) a vessel in the National Defense Reserve Fleet pursuant to section 11 of the Merchant Ship Sales Act of 1946 (50 App. U.S.C. 1744).
(c)(1) In this subsection, the age of a vessel is determined from the later of the date on which the vessel—
(A) is delivered after original construction;
(B) is delivered after completion of a major conversion; or
(C) had its appraised salvage value determined by the Coast Guard and is qualified for documentation under section 4136 of the Revised Statutes of the United States (46 App. U.S.C. 14).
(2) A vessel of less than 5,000 gross tons as measured under
(3) A vessel for which a building contract or contract for major conversion was placed before June 30, 1990, and that is delivered under that contract before January 1, 1994, and a vessel that had its appraised salvage value determined by the Coast Guard before June 30, 1990, and that qualifies for documentation under section 4136 of the Revised Statutes of the United States (46 App. U.S.C. 14) before January 1, 1994, may not operate in the navigable waters or Exclusive Economic Zone of the United States unless equipped with a double hull—
(A) in the case of a vessel of at least 5,000 gross tons but less than 15,000 gross tons as measured under
(i) after January 1, 1995, if the vessel is 40 years old or older and has a single hull, or is 45 years old or older and has a double bottom or double sides;
(ii) after January 1, 1996, if the vessel is 39 years old or older and has a single hull, or is 44 years old or older and has a double bottom or double sides;
(iii) after January 1, 1997, if the vessel is 38 years old or older and has a single hull, or is 43 years old or older and has a double bottom or double sides;
(iv) after January 1, 1998, if the vessel is 37 years old or older and has a single hull, or is 42 years old or older and has a double bottom or double sides;
(v) after January 1, 1999, if the vessel is 36 years old or older and has a single hull, or is 41 years old or older and has a double bottom or double sides;
(vi) after January 1, 2000, if the vessel is 35 years old or older and has a single hull, or is 40 years old or older and has a double bottom or double sides; and
(vii) after January 1, 2005, if the vessel is 25 years old or older and has a single hull, or is 30 years old or older and has a double bottom or double sides;
(B) in the case of a vessel of at least 15,000 gross tons but less than 30,000 gross tons as measured under
(i) after January 1, 1995, if the vessel is 40 years old or older and has a single hull, or is 45 years old or older and has a double bottom or double sides;
(ii) after January 1, 1996, if the vessel is 38 years old or older and has a single hull, or is 43 years old or older and has a double bottom or double sides;
(iii) after January 1, 1997, if the vessel is 36 years old or older and has a single hull, or is 41 years old or older and has a double bottom or double sides;
(iv) after January 1, 1998, if the vessel is 34 years old or older and has a single hull, or is 39 years old or older and has a double bottom or double sides;
(v) after January 1, 1999, if the vessel is 32 years old or older and has a single hull, or 37 years old or older and has a double bottom or double sides;
(vi) after January 1, 2000, if the vessel is 30 years old or older and has a single hull, or is 35 years old or older and has a double bottom or double sides;
(vii) after January 1, 2001, if the vessel is 29 years old or older and has a single hull, or is 34 years old or older and has a double bottom or double sides;
(viii) after January 1, 2002, if the vessel is 28 years old or older and has a single hull, or is 33 years old or older and has a double bottom or double sides;
(ix) after January 1, 2003, if the vessel is 27 years old or older and has a single hull, or is 32 years old or older and has a double bottom or double sides;
(x) after January 1, 2004, if the vessel is 26 years old or older and has a single hull, or is 31 years old or older and has a double bottom or double sides; and
(xi) after January 1, 2005, if the vessel is 25 years old or older and has a single hull, or is 30 years old or older and has a double bottom or double sides; and
(C) in the case of a vessel of at least 30,000 gross tons as measured under
(i) after January 1, 1995, if the vessel is 28 years old or older and has a single hull, or 33 years old or older and has a double bottom or double sides;
(ii) after January 1, 1996, if the vessel is 27 years old or older and has a single hull, or is 32 years old or older and has a double bottom or double sides;
(iii) after January 1, 1997, if the vessel is 26 years old or older and has a single hull, or is 31 years old or older and has a double bottom or double sides;
(iv) after January 1, 1998, if the vessel is 25 years old or older and has a single hull, or is 30 years old or older and has a double bottom or double sides;
(v) after January 1, 1999, if the vessel is 24 years old or older and has a single hull, or 29 years old or older and has a double bottom or double sides; and
(vi) after January 1, 2000, if the vessel is 23 years old or older and has a single hull, or is 28 years old or older and has a double bottom or double sides.
(4) Except as provided in subsection (b) of this section—
(A) a vessel that has a single hull may not operate after January 1, 2010; and
(B) a vessel that has a double bottom or double sides may not operate after January 1, 2015.
(d) The operation of barges described in subsection (b)(5) outside waters described in that subsection shall be on any conditions as the Secretary may require.
(e)(1) For the purposes of this section and except as otherwise provided in paragraphs (2) and (3) of this subsection, the gross tonnage of a vessel shall be the gross tonnage that would have been recognized by the Secretary on July 1, 1997, as the tonnage measured under
(2)(A) The Secretary may waive the application of paragraph (1) to a tank vessel if—
(i) the owner of the tank vessel applies to the Secretary for the waiver before January 1, 1998;
(ii) the Secretary determines that—
(I) the owner of the tank vessel has entered into a binding agreement to alter the tank vessel in a shipyard in the United States to reduce the gross tonnage of the tank vessel by converting a portion of the cargo tanks of the tank vessel into protectively located segregated ballast tanks; and
(II) that conversion will result in a significant reduction in the risk of a discharge of oil;
(iii) at least 60 days before the date of the issuance of the waiver, the Secretary—
(I) publishes notice that the Secretary has received the application and made the determinations required by clause (ii), including a description of the agreement entered into pursuant to clause (ii)(I); and
(II) provides an opportunity for submission of comments regarding the application; and
(iv) the alterations referred to in clause (ii)(I) are completed before the later of—
(I) the date by which the first special survey of the tank vessel is required to be completed after the date of the enactment of the National Defense Authorization Act for Fiscal Year 1998; or
(II) July 1, 1999.
(B) A waiver under subparagraph (A) shall not be effective after the expiration of the 3-year period beginning on the first date on which the tank vessel would have been prohibited by subsection (c) from operating if the alterations referred to in subparagraph (A)(ii)(I) were not made.
(3) This subsection does not apply to a tank vessel that, before July 1, 1997, had undergone, or was the subject of a contract for, alterations that reduce the gross tonnage of the tank vessel, as shown by reliable evidence acceptable to the Secretary.
(Added
References in Text
The Deepwater Port Act of 1974, referred to in subsec. (b)(3)(A), is
The date of the enactment of the National Defense Authorization Act for Fiscal Year 1998, referred to in subsec. (e)(2)(A)(iv)(I), is the date of enactment of
Amendments
1997—Subsec. (e).
1996—Subsec. (b)(2).
Subsec. (b)(4) to (6).
Subsec. (c)(2).
Subsec. (c)(3)(A).
Subsec. (c)(3)(B).
Subsec. (c)(3)(C).
Subsec. (d).
Effective Date
Section applicable to incidents occurring after Aug. 18, 1990, see section 1020 of
Tank Vessels Over 5,000 Gross Tons To Comply Until January 1, 2015, With Environmentally Protective Structural and Operational Requirements
Section 4115(b) of
Study on Other Structural and Operational Tank Vessel Requirements
"(1)
"(2)
"(A) periodically review recommendations from the National Academy of Sciences and other qualified organizations on methods for further increasing the environmental and operational safety of tank vessels;
"(B) not later than 5 years after the date of enactment of this Act [Aug. 18, 1990], assess the impact of this section on the safety of the marine environment and the economic viability and operational makeup of the maritime oil transportation industry; and
"(C) report the results of the review and assessment to the Congress with recommendations for legislative or other action.
"(3)(A) The Secretary of Transportation shall coordinate with the Marine Board of the National Research Council to conduct the necessary research and development of a rationally based equivalency assessment approach, which accounts for the overall environmental performance of alternative tank vessel designs. Notwithstanding the Coast Guard opinion of the application of sections 101 and 311 of the Clean Water Act (
"(i) development of a generalized cost spill data base, which includes all relevant costs such as clean-up costs and environmental impact costs as a function of spill size;
"(ii) refinement of the probability density functions used to establish the extent of vessel damage, based on the latest available historical damage statistics, and current research on the crash worthiness of tank vessel structures;
"(iii) development of a rationally based approach for calculating an environmental index, to assess overall outflow performance due to collisions and groundings; and
"(iv) application of the proposed index to double hull tank vessels and alternative designs currently under consideration.
"(B) A Marine Board committee shall be established not later that [sic] 2 months after the date of the enactment of the Coast Guard Authorization Act of 1998 [Nov. 13, 1998]. The Secretary of Transportation shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure in the House of Representatives a report on the results of the study not later than 12 months after the date of the enactment of the Coast Guard Authorization Act of 1998.
"(C) Of the amounts authorized by section 1012(a)(5)(A) of this Act [
Territorial Sea of United States
For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§3704. Coastwise trade vessels
A segregated ballast tank, a crude oil washing system, or an inert gas system, required by this chapter or a regulation prescribed under this chapter, on a vessel entitled to engage in the coastwise trade under section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883), shall be installed in the United States (except the trust territories). A vessel failing to comply with this section may not engage in the coastwise trade.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3704 | 46:391a(7) |
Section 3704 requires any tank vessel that is entitled to engage in the coastwise trade to install certain equipment in the United States under the penalty of losing coastwise trading privileges if the installation work is done in a foreign country.
Section Referred to in Other Sections
This section is referred to in
§3705. Crude oil tanker minimum standards
(a) A new crude oil tanker of at least 20,000 deadweight tons shall be equipped with—
(1) protectively located segregated ballast tanks;
(2) a crude oil washing system; and
(3) a cargo tank protection system consisting of a fixed deck froth system and a fixed inert gas system.
(b)(1) An existing crude oil tanker of at least 40,000 deadweight tons shall be equipped with—
(A) segregated ballast tanks; or
(B) a crude oil washing system.
(2) Compliance with paragraph (1) of this subsection may be delayed until June 1, 1985, for any tanker of less than 70,000 deadweight tons that has dedicated clean ballast tanks.
(c) An existing crude oil tanker of at least 20,000 deadweight tons but less than 40,000 deadweight tons, and at least 15 years of age, shall be equipped with segregated ballast tanks or a crude oil washing system before January 2, 1986, or the date on which the tanker reaches 15 years of age, whichever is later.
(d) An existing crude oil tanker of at least 20,000 deadweight tons shall be equipped with an inert gas system. However, for a crude oil tanker of less than 40,000 deadweight tons not fitted with high capacity tank washing machines, the Secretary may grant an exemption if the vessel's owner can show clearly that compliance would be unreasonable and impracticable due to the vessel's design characteristics.
(e) A crude oil tanker engaged in transferring oil from an offshore oil exploitation or production facility on the Outer Continental Shelf of the United States shall be equipped with segregated ballast tanks, or may operate with dedicated clean ballast tanks or special ballast arrangements. However, the tanker shall comply with other applicable minimum standards of this section.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3705(a) | 46:391a(7)(A) |
| 3705(b) | 46:391a(7)(D) |
| 3705(c) | 46:391a(7)(E) |
| 3705(d) | 46:391a(7)(F) |
| 3705(e) | 46:391a(7)(M) |
Section 3705 requires compliance with certain minimum standards by a crude oil tanker, which is self-propelled. In general, the minimum required standards are consistent with those international standards that have been adopted as Protocols to the 1974 Safety of Life at Sea Convention and the 1973 Marine Pollution Convention.
Section 3705(a) requires new crude oil tankers of 20,000 deadweight tons or above to have protectively located segregated ballast tanks, a crude oil washing system, and a specified cargo tank protection system.
Section 3705(b) requires existing crude oil tankers of 40,000 deadweight tons or above to have segregated ballast tanks or a crude oil washing system. Compliance may be delayed until June 1, 1985 for smaller tankers that have dedicated clean ballast tanks.
Section 3705(c) requires existing crude oil tankers of 20,000 deadweight tons or above, but less than 40,000 deadweight tons, that are 15 years or older, to have segregated ballast tanks or a crude oil washing system by January 1, 1985 or if less than 15 years old, by the date on which it reaches 15 years of age.
Section 3705(d) requires existing crude oil tankers of 20,000 deadweight tons or above, to install an inert gas system. An exemption for crude oil tankers of less than 40,000 deadweight tons not fitted with high-capacity tank washing machines may be granted by the Secretary, only if it is demonstrated that compliance would be unreasonable and impracticable due to the vessel's design characteristics.
Section 3705(e) requires existing crude oil tankers of 20,000 deadweight tons or above, engaged in the transfer of oil from Outer Continental Shelf oil exploitation or production facilities, to have segregated ballast tanks or be operated with dedicated clean ballast tanks or special ballast arrangements.
Section Referred to in Other Sections
This section is referred to in
§3706. Product carrier minimum standards
(a) A new product carrier of at least 30,000 deadweight tons shall be equipped with protectively located segregated ballast tanks.
(b) A new product carrier of at least 20,000 deadweight tons shall be equipped with a cargo tank protection system consisting of a fixed deck froth system and a fixed inert gas system or, if the product carrier carries dedicated products incompatible with the cargo tank protection system, an alternate protection system authorized by the Secretary.
(c) An existing product carrier of at least 40,000 deadweight tons shall be equipped with segregated ballast tanks or may operate with dedicated clean ballast tanks.
(d) An existing product carrier of at least 20,000 deadweight tons but less than 40,000 deadweight tons, and at least 15 years of age, shall be equipped with segregated ballast tanks or may operate with dedicated clean ballast tanks before January 2, 1986, or the date on which it reaches 15 years of age, whichever is later.
(e) An existing product carrier of at least 40,000 deadweight tons, or an existing product carrier of at least 20,000 deadweight tons but less than 40,000 deadweight tons that is fitted with high-capacity tank washing machines, shall be equipped with an inert gas system.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3706(a) | 46:391a(7)(B) |
| 3706(b) | 46:391a(7)(C) |
| 3706(c) | 46:391a(7)(G) |
| 3706(d) | 46:391a(7)(H) |
| 3706(e) | 46:391a(7)(I) |
Section 3706 requires compliance with certain minimum standards by a product carrier, which is a self-propelled tank vessel.
Section 3706(a) requires new product carriers of 30,000 deadweight tons or above, to have protectively located segregated ballast tanks.
Section 3706(b) requires new product carriers of 20,000 deadweight tons or above, to have a cargo tank protection system consisting of a fixed deck froth system or a fixed inert gas system. If the products carried are incompatible with the cargo tank protection system, then an alternative protection system may be authorized.
Section 3706(c) requires existing product carriers of 40,000 deadweight tons or above, to have segregated ballast tanks or to operate with dedicated clean ballast tanks.
Section 3706(d) requires existing product carriers of 20,000 deadweight tons or above, but less than 40,000 deadweight tons, that are 15 years or older, to have segregated ballast tanks by January 1, 1985, or on the date on which it reaches 15 years of age or, in the alternative, that the vessel operate with dedicated clean ballast tanks.
Section 3706(e) requires existing product carriers of 40,000 deadweight tons or above, or to existing product carriers, fitted with high-capacity tank washing machines, of 20,000 deadweight tons but less than 40,000 deadweight tons, to install an inert gas system.
Section Referred to in Other Sections
This section is referred to in
§3707. Tanker minimum standards
(a) A new tanker of at least 10,000 gross tons as measured under
(1) 2 remote steering gear control systems operable separately from the navigating bridge;
(2) the main steering gear control in the steering gear compartment;
(3) means of communications and rudder angle indicators on the navigating bridge, a remote steering gear control station, and the steering gear compartment;
(4) at least 2 identical and adequate power units for the main steering gear;
(5) an alternative and adequate power supply, either from an emergency source of electrical power or from another independent source of power located in the steering gear compartment; and
(6) means of automatic starting and stopping of power units with attendant alarms at all steering stations.
(b) An existing tanker of at least 10,000 gross tons as measured under
(1) 2 remote steering gear control systems operable separately from the navigating bridge;
(2) the main steering gear control in the steering gear compartment; and
(3) means of communications and rudder angle indicators on the navigating bridge, a remote steering gear control station, and the steering gear compartment.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3707(a) | 46:391a(7)(K) |
| 3707(b) | 46:391a(7)(L) |
Section 3707 requires compliance with certain minimum standards by a tanker, which is a self-propelled tank vessel.
Section 3707(a) requires new tankers of 10,000 gross tons or above, to have two remote steering gear control systems, a main steering gear control in the steering gear compartment, a means of communications and rudder angle indicators at specified locations, two or more specified power units for the main steering gear, an alternative and adequate power supply of specified characteristics, and a means of automatic operation of power units, with attendant alarms at all steering stations.
Section 3707(b) requires existing tankers of 10,000 gross tons or above, to have two remote steering gear control systems, a main steering gear control in the steering gear compartment, and a means of communication and rudder angle indicators at specified locations.
Amendments
1996—Subsec. (a).
Subsec. (b).
Section Referred to in Other Sections
This section is referred to in section 1185 of Appendix to this title.
§3708. Self-propelled tank vessel minimum standards
A self-propelled tank vessel of at least 10,000 gross tons as measured under
(1) a dual radar system with short-range and long-range capabilities, each with true-north features;
(2) an electronic relative motion analyzer that is at least functionally equivalent to equipment complying with specifications established by the Secretary of Transportation;
(3) an electronic position-fixing device;
(4) adequate communications equipment;
(5) a sonic depth finder;
(6) a gyrocompass; and
(7) up-to-date charts.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3708 | 46:391a(7)(J) |
Section 3708 requires compliance with certain minimum standards by a self-propelled tank vessel. These requirements apply to any tank vessel of 10,000 gross tons or above with no distinction being made as to whether or not the vessel is "primarily" constructed or adapted to carry oil or hazardous material in bulk in the cargo spaces. These vessels are required to be equipped with a dual radar system, a computerized relative motion analyzer, an electronic position fixing device, adequate communications equipment, a sonic depth finder, a gyrocompass, and up-to-date charts.
Amendments
1996—
Section Referred to in Other Sections
This section is referred to in section 1185 of Appendix to this title.
§3709. Exemptions
The Secretary may exempt a vessel from the minimum requirements established by
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3709 | 46:391a(7)(N) |
Section 3709 provides the Secretary with the authority to exempt certain minimum tanker requirements of sections 3704, 3705, and 3706 when shorebased reception facilities are a better way of handling ballast and when the facilities are adequate and readily available.
Section Referred to in Other Sections
This section is referred to in section 1185 of Appendix to this title.
§3710. Evidence of compliance by vessels of the United States
(a) A vessel of the United States to which this chapter applies that has on board oil or hazardous material in bulk as cargo or cargo residue must have a certificate of inspection issued under this part, endorsed to indicate that the vessel complies with regulations prescribed under this chapter.
(b) Each certificate endorsed under this section is valid for not more than 5 years and may be renewed as specified by the Secretary. In appropriate circumstances, the Secretary may issue a temporary certificate valid for not more than 30 days. A certificate shall be suspended or revoked if the Secretary finds that the vessel does not comply with the conditions under which the certificate was issued.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3710 | 46:391a(8)(A) 46:391a(8)(E) |
Section 3710 prohibits any vessels of the United States subject to this chapter from having on board oil or hazardous material in bulk as cargo or in residue, unless it has a required Certificate of Inspection endorsed to indicate vessel compliance with applicable regulations. Certificates shall be valid for a period not to exceed two years and may be renewed as specified by the Secretary. The Secretary may issue temporary certificates of not more than thirty days duration and may revoke or suspend any certificate under designated circumstances.
Amendments
1996—Subsec. (b).
Section Referred to in Other Sections
This section is referred to in
§3711. Evidence of compliance by foreign vessels
(a) A foreign vessel to which this chapter applies may operate on the navigable waters of the United States, or transfer oil or hazardous material in a port or place under the jurisdiction of the United States, only if the vessel has been issued a certificate of compliance by the Secretary. The Secretary may issue the certificate only after the vessel has been examined and found to be in compliance with this chapter and regulations prescribed under this chapter. The Secretary may accept any part of a certificate, endorsement, or document, issued by the government of a foreign country under a treaty, convention, or other international agreement to which the United States is a party, as a basis for issuing a certificate of compliance.
(b) A certificate issued under this section is valid for not more than 24 months and may be renewed as specified by the Secretary. In appropriate circumstances, the Secretary may issue a temporary certificate valid for not more than 30 days.
(c) A certificate shall be suspended or revoked if the Secretary finds that the vessel does not comply with the conditions under which the certificate was issued.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3711 | 46:391a(8)(B) 46:391a(8)(C) 46:391a(8)(E) |
Section 3711 prohibits any foreign vessel from operating on the navigable waters of the United States or from transferring oil or hazardous material in any port or place under the jurisdiction of the United States, unless it has a certificate of compliance issued by the Secretary indicating that the vessel has been examined and found to be in compliance with the provisions of the applicable regulations. It also authorizes the Secretary to accept, in whole or in part, an appropriate foreign certificate issued pursuant to any international agreement to which the United States is a party, as a basis for issuing the certificate of compliance. This means that the Secretary does not have to accept foreign certificates as evidence of compliance, but may take additional action to assure compliance with applicable domestic laws and regulations and international treaty provisions.
Section Referred to in Other Sections
This section is referred to in
§3712. Notification of noncompliance
The Secretary shall notify the owner, charterer, managing operator, agent, master, or individual in charge of a vessel found not to be in compliance with a regulation prescribed under this part and state how compliance may be achieved.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3712 | 46:391a(8)(A) 46:391a(8)(B) |
Section 3712 requires the Secretary to notify appropriate parties when a vessel is found not to be in compliance with applicable requirements, standards, or regulations and what remedial steps must be taken in order to comply with them.
§3713. Prohibited acts
(a) A person may not—
(1) violate this chapter or a regulation prescribed under this chapter;
(2) refuse to permit any official, authorized by the Secretary to enforce this chapter, to board a vessel or to enter a shore area, place, or premises, under a person's control to make an inspection under this chapter; or
(3) refuse to obey a lawful directive issued under this chapter.
(b) A vessel to which this chapter applies may not—
(1) operate on the navigable waters of the United States or use a port or place subject to the jurisdiction of the United States when not in compliance with this chapter or a regulation prescribed under this chapter;
(2) fail to comply with a lawful directive issued under this chapter; or
(3) carry a type or grade of oil or hazardous material in bulk as cargo or cargo residue unless its certificate is endorsed to allow that carriage.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3713 | 46:391a(13) |
Section 3713(a) prohibits any person from violating any provision of this chapter or a regulation prescribed under its authority. It prohibits the refusal to permit authorized officials to board a vessel or to enter a shore area for the purposes of inspection of the vessel or premises. It also prohibits the refusal to obey any lawful directive issued under this chapter.
Section 3713(b) prohibits any vessel, subject to the provisions of this chapter from operating on the navigable waters of the United States, or from using any port or place subject to the jurisdiction of the United States while not in compliance with any provision of applicable law or regulation. It further prohibits any vessel from failing to comply with a lawful directive issued pursuant to the authority of this chapter. It also prohibits the vessel from carrying oil or hazardous material as cargo or cargo residue unless its certificate is so endorsed to permit its carriage.
§3714. Inspection and examination
(a)(1) The Secretary shall have each vessel to which this chapter applies inspected or examined at least once each year.
(2) Each of those vessels that is more than 10 years of age shall undergo a special and detailed inspection of structural strength and hull integrity as specified by the Secretary.
(3) The Secretary may make contracts for conducting inspections or examinations in the United States and in foreign countries. An inspector conducting an inspection or examination under contract may not issue a certificate of inspection or a certificate of compliance, but the inspector may issue a temporary certificate.
(4) The Secretary shall prescribe by regulation reasonable fees for an inspection or examination conducted under this section outside the United States, or which, when involving a foreign vessel, is conducted under a contract authorized by paragraph (3) of this subsection. The owner, charterer, or managing operator of a vessel inspected or examined by the Secretary is liable for the fees. Amounts received as fees shall be deposited in the Treasury.
(5) The Secretary may allow provisional entry of a vessel to conduct an inspection or examination under this chapter.
(b) Each vessel to which this chapter applies shall have on board those documents the Secretary considers necessary for inspection and enforcement, including documents listing—
(1) the type, grade, and approximate quantities of cargo on board;
(2) the shipper and consignee of the cargo;
(3) the places of origin and destination of the vessel; and
(4) the name of an agent in the United States authorized to accept service of legal process.
(c) Each vessel to which this chapter applies that operates in the United States shall have a person designated as authorized to accept service of legal process for the vessel.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3714 | 46:391a(15) |
Section 3714(a) requires the Secretary to establish a program for the inspection of tank vessels, foreign or domestic, at least once each year. The Committee contemplates that United States vessels will be issued a 2 year certificate of inspection with a mid-period examination. The Committee also contemplates that foreign-flag vessels will continue to be tracked and boarded at least once a year or when they first arrive in the United States. The Secretary may examine the foreign-flag tank vessel but may accept, as a basis for the issuance of a certificate of compliance, in whole or in part a foreign-issued certificate.
Each vessel over 10 years of age must undergo a special and detailed inspection of structural strength and hull integrity, as specified by the Secretary. An inspection or examination may be conducted by any officer authorized by the Secretary. The Committee expects that, whenever possible, a qualified marine inspector will be used wherever the vessel undergoes these 10-year inspections. The Secretary may also contract for inspections or examinations in the United States and in foreign countries.
The primary reason for including a provision that permits the contracting for the conduct of inspections and examinations is to provide flexibility in foreign areas where Coast Guard marine inspectors are not normally available.
A contract inspector may be authorized to act on behalf of the Secretary, but may not issue a certificate of inspection or compliance. The inspector may, however, issue a temporary certificate.
The Committee understands that the 10-year inspections of United States-flag and foreign-flag vessels may occur at the time the vessel is scheduled for shipyard availability to complete the periodic classification society survey.
The Secretary is also authorized and directed to prescribe by regulation reasonable fees for certain inspections or examinations conducted pursuant to this section based on the cost incurred. The owner of any vessel inspected or examined by the Secretary or his designee shall be liable for the fee. Amounts received as fees under this section are to be deposited in the Treasury.
Section 3714(b) requires each vessel subject to this chapter to have on board those documents the Secretary declares are necessary for inspection or enforcement, including, but not limited to documents indicating the kind, grade, and approximate quantities of any cargo on board; the shipper and consignee of the cargo; the points of origin and destination of the vessel; and the name of an agent in the United States authorized to accept legal process.
Section 3714(c) requires each vessel subject to this chapter to have a person authorized to accept service of legal process for the vessel.
Amendments
1986—Subsec. (a)(4).
Section Referred to in Other Sections
This section is referred to in
§3715. Lightering
(a) A vessel may transfer oil or hazardous material in a port or place subject to the jurisdiction of the United States, when the cargo has been transferred from another vessel on the navigable waters of the United States or in the marine environment, only if—
(1) the transfer was conducted consistent with regulations prescribed by the Secretary;
(2) both the delivering and receiving vessels had on board, at the time of transfer, a certificate of inspection or a certificate of compliance, as would have been required under
(3) the delivering and the receiving vessel had on board at the time of transfer, a certificate of financial responsibility as would have been required under section 1016 of the Oil Pollution Act of 1990, had the transfer taken place in a place subject to the jurisdiction of the United States;
(4) the delivering and the receiving vessel had on board at the time of transfer, evidence that each vessel is operating in compliance with section 311(j) of the Federal Water Pollution Control Act (
(5) the delivering and the receiving vessel are operating in compliance with
(b) The Secretary shall prescribe regulations to carry out subsection (a) of this section. The regulations shall include provisions on—
(1) minimum safe operating conditions, including sea state, wave height, weather, proximity to channels or shipping lanes, and other similar factors;
(2) the prevention of spills;
(3) equipment for responding to a spill;
(4) the prevention of any unreasonable interference with navigation or other reasonable uses of the high seas, as those uses are defined by treaty, convention, or customary international law;
(5) the establishment of lightering zones; and
(6) requirements for communication and prearrival messages.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3715 | 46:391a(17) |
Section 3715 requires the Secretary to control lightering operations; that is, the transferring of cargoes at sea from large deep-draft vessels to shallow-draft vessels for subsequent transfer to shoreside terminals due to the inability of the larger tank vessels to enter shallow ports. It prohibits a tank vessel from unloading any cargo of oil or hazardous material at any port or terminal under the jurisdiction of the United States, unless the cargo has been transferred in accordance with lightering regulations. It also prohibits the shoreside transfer unless both the delivering and receiving vessels involved in the prior lightering had on board at the time of the offshore transfer, the certificates that would have been required had the transfer taken place in a port or place subject to the jurisdiction of the United States.
The regulations to be prescribed by the Secretary shall include a number of specific considerations but may include any related matters deemed necessary to promote navigation and vessel safety and protection of the marine environment. The Secretary must consider standards for minimum safe operating conditions, including sea state, wave height, weather, vessel traffic, the prevention of oil spills, and oil spill response equipment. In regulating this operation, there must not be any unreasonable interference with international navigation or reasonable uses of the high seas, and there must be established lightering zones with attendant communications and prearrival message requirements.
References in Text
Section 1016 of the Oil Pollution Act of 1990, referred to in subsec. (a)(3), is classified to
Amendments
1990—Subsec. (a)(3) to (5).
Effective Date of 1990 Amendment
Amendment by
Effective Date
Section 2(g)(2) of
Section Referred to in Other Sections
This section is referred to in
§3716. Tank washings
(a) A vessel may not transfer cargo in a port or place subject to the jurisdiction of the United States if, before arriving, the vessel has discharged tank washings containing oil or hazardous material in preparation for loading at that port or place in violation of the laws of the United States or in a manner or quantities inconsistent with a treaty to which the United States is a party.
(b) The Secretary shall establish effective control and supervisory measures to carry out this section.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3716 | 46:391a(18) |
Section 3716 requires the Secretary to establish effective control and supervisory measures to prohibit the discharge of tank washings by dumping at sea. The section also prohibits the dumping vessel from subsequently loading any cargo at a port or terminal subject to the jurisdiction of the United States. This section is intended to prohibit the practice of discharging a cargo of oil or hazardous substance, then going to sea to clean tanks by pumping tank washing mixtures overboard, and then returning to a port or terminal subject to the jurisdiction of the United States for the purpose of loading a cargo that was incompatible with the prior cargo.
§3717. Marine safety information system
(a) The Secretary shall establish a marine safety information system that shall contain information about each vessel to which this chapter applies that operates on the navigable waters of the United States, or that transfers oil or hazardous material in a port or place under the jurisdiction of the United States. In acquiring this information, the Secretary shall make full use of publicly available information. The Secretary may by regulation require the vessel to provide information that the Secretary considers necessary to carry out this subsection, including—
(1) the name of each person with an ownership interest in the vessel;
(2) details of compliance with the financial responsibility requirements of applicable laws or regulations;
(3) registration information, including all changes in the name of the vessel;
(4) the history of marine casualties and serious repair problems of the vessel; and
(5) a record of all inspections and examinations of a vessel conducted under
(b) On written request from the Secretary, the head of each department, agency, or instrumentality of the United States Government shall provide available information that the Secretary considers necessary to confirm the information received under subsection (a) of this section.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3717 | 46:391a(16) |
Section 3717 requires the Secretary to establish a marine safety information system which is to contain selected information on any tank vessel, foreign or domestic, that comes within the jurisdiction of the United States. This information must be recorded and maintained up-to-date and is available from a number of sources. In some instances, this information is required as a condition of entry. This information shall include certain ownership interests, financial responsibility information, all registered names that the vessel has had since it was built, the present and prior countries of registry, history of accidents or serious repair problems, record of the various inspections or examinations required, and any other data the Secretary deems appropriate to carry out the intent of the section. The section also provides for interagency cooperation and the furnishing of available data and information.
§3718. Penalties
(a)(1) A person violating this chapter or a regulation prescribed under this chapter is liable to the United States Government for a civil penalty of not more than $25,000. Each day of a continuing violation is a separate violation.
(2) Each vessel to which this chapter applies that is operated in violation of this chapter or a regulation prescribed under this chapter is liable in rem for a civil penalty under this subsection.
(b) A person willfully and knowingly violating this chapter or a regulation prescribed under this chapter commits a class D felony.
(c) Instead of the penalties provided by subsection (b) of this section, a person willfully and knowingly violating this chapter or a regulation prescribed under this chapter, and using a dangerous weapon, or engaging in conduct that causes bodily injury or fear of imminent bodily injury to an official authorized to enforce this chapter or a regulation prescribed under this chapter, commits a class C felony.
(d) The district courts of the United States have jurisdiction to restrain a violation of this chapter or a regulation prescribed under this chapter.
(e)(1) If any owner, operator, or individual in charge of a vessel is liable for any penalty or fine under this section, or if reasonable cause exists to believe that the owner, operator, or individual in charge may be subject to any penalty or fine under this section, the Secretary of the Treasury, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance required by section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91).
(2) Clearance or a permit refused or revoked under this subsection may be granted upon filing of a bond or other surety satisfactory to the Secretary.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3718 | 46:391a(14) |
Section 3718 provides the authority to assess civil penalties for violation of the chapter or regulations. Each violation subjects the violator to a penalty not to exceed $25,000 for each violation and, in the case of a continuing violation, each day shall constitute a separate violation and the vessel is liable in rem. The procedures for assessing penalties are found in section 2107 of part A.
With respect to criminal penalties, a willful or knowing violation of the section or a regulation subjects the offender, upon conviction, to a criminal fine of not more than $50,000 for each violation or imprisonment for not more than 1 year, or both. If the willful and knowing violation involves the use of a dangerous weapon or constitutes an assault or battery, the offender is subjected to a fine of not more than $100,000 or imprisonment of not more than 10 years, or both.
In addition, where the owner or operator of the vessel is subject to any of the penalties prescribed, the Secretary of the Treasury is directed to withhold required Customs clearance, at the request of the Secretary. Clearance may be granted upon the filing of a bond or other surety satisfactory to the Secretary.
Amendments
1996—Subsec. (e).
1990—Subsec. (b).
Subsec. (c).
Effective Date of 1990 Amendment
Amendment by
§3719. Reduction of oil spills from single hull non-self-propelled tank vessels
The Secretary shall, in consultation with the Towing Safety Advisory Committee and taking into consideration the characteristics, methods of operation, and the size and nature of service of single hull non-self-propelled tank vessels and towing vessels, prescribe regulations requiring a single hull non-self-propelled tank vessel that operates in the open ocean or coastal waters, or the vessel towing it, to have at least one of the following:
(1) A crew member and an operable anchor on board the tank vessel that together are capable of arresting the tank vessel without additional assistance under reasonably foreseeable sea conditions.
(2) An emergency system on the tank vessel or towing vessel that without additional assistance under reasonably foreseeable sea conditions will allow the tank vessel to be retrieved by the towing vessel if the tow line ruptures.
(3) Any other measure or combination of measures that the Secretary determines will provide protection against grounding of the tank vessel comparable to that provided by the measures described in paragraph (1) or (2).
(Added
Regulations
Section 901(b) of
CHAPTER 39 —CARRIAGE OF ANIMALS
§3901. Regulations for accommodations for export animals
The Secretary of Agriculture may prescribe regulations governing the accommodations on board vessels for cattle, horses, mules, asses, sheep, goats, and swine to be carried from the United States to a foreign country. The regulations shall prescribe standards for space, ventilation, fittings, food and water supply, and other requirements the Secretary of Agriculture considers necessary for the safe and proper transportation and humane treatment of those animals. The Secretary of Agriculture may examine any vessel the Secretary of Agriculture considers necessary to carry out this chapter.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3901 | 46:466a |
Section 3901 contains the authority to regulate accommodations for the export of animals by the Secretary of Agriculture. The regulations shall prescribe standards for space and ventilation and any other requirements considered necessary.
Effective Date
Chapter effective Apr. 15, 1984, see section 2(g)(1) of
Section Referred to in Other Sections
This section is referred to in
§3902. Penalties
When the owner, charterer, managing operator, agent, master, or individual in charge of a vessel carrying animals referred to in
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3902 | 46:466b |
Section 3902 prohibits a vessel from carrying animals for a period of not more than one year for any violation of section 3901.
CHAPTER 41 —UNINSPECTED VESSELS GENERALLY
Historical and Revision Notes
The Federal authority to regulate uninspected vessels originated with the Motorboat Act of 1910 (
Thirty years later, the 1910 Act was amended by the Motorboat Act of 1940 (
Amendments
1990—
1984—
§4101. Application
This chapter applies to an uninspected vessel not subject to
(1) on the navigable waters of the United States; or
(2) owned in the United States and operating on the high seas.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 4101 | 46:526u |
Section 4101 makes this chapter applicable to uninspected vessels, as defined in section 2101(43), that operate on the navigable waters of the United States or that are owned in the United States and while operating on the high seas. Therefore a vessel that operates on waters that are considered to be solely State waters would not be subject to these Federal requirements.
Amendments
1988—
Effective Date
Chapter effective Apr. 15, 1984, see section 2(g)(1) of
§4102. Safety equipment
(a) Each uninspected vessel propelled by machinery shall be provided with the number, type, and size of fire extinguishers, capable of promptly and effectively extinguishing burning liquid fuel, that may be prescribed by regulation. The fire extinguishers shall be kept in condition for immediate and effective use and so placed as to be readily accessible.
(b) Each uninspected vessel propelled by machinery shall carry at least one readily accessible life preserver or other lifesaving device, of the type prescribed by regulation, for each individual on board.
(c) Each uninspected vessel shall have the carburetors of each engine of the vessel (except an outboard motor) using gasoline as fuel, equipped with an efficient flame arrestor, backfire trap, or other similar device prescribed by regulation.
(d) Each uninspected vessel using a volatile liquid as fuel shall be provided with the means prescribed by regulation for properly and efficiently ventilating the bilges of the engine and fuel tank compartments, so as to remove any explosive or flammable gases.
(e) Each manned uninspected vessel owned in the United States and operating beyond 3 nautical miles from the baselines from which the territorial sea of the United States is measured or beyond three nautical miles from the coastline of the Great Lakes shall be equipped with the number and type of alerting and locating equipment, including emergency position indicating radio beacons, prescribed by the Secretary.
(f)(1) The Secretary, in consultation with the Towing Safety Advisory Committee and taking into consideration the characteristics, methods of operation, and nature of service of towing vessels, may require the installation, maintenance, and use of a fire suppression system or other measures to provide adequate assurance that fires on board towing vessels can be suppressed under reasonably foreseeable circumstances.
(2) The Secretary shall require under paragraph (1) the use of a fire suppression system or other measures to provide adequate assurance that a fire on board a towing vessel that is towing a non-self-propelled tank vessel can be suppressed under reasonably foreseeable circumstances.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 4102(a) | 46:526g |
| 4102(b) | 46:526e |
| 4102(c) | 46:526i |
| 4102(d) | 46:526j |
Section 4102 requires uninspected vessels to comply with certain provisions that incorporate minimum safety equipment and construction requirements. The Committee intends that the term life preserver include all types of personal equipment, including exposure suits with floatation characteristics.
Amendments
1998—Subsec. (e).
1996—Subsec. (f).
1988—Subsec. (e).
1986—Subsec. (e).
Regulations
Section 902(b) of
Territorial Sea of United States
For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§4103. Exemptions
(a) The Secretary may exempt a vessel from any part of this chapter if, under regulations prescribed by the Secretary (including regulations on special operating conditions), the Secretary finds that—
(1) good cause exists for granting an exemption; and
(2) the safety of the vessel and individuals on board will not be adversely affected.
(b)
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 4103 | 46:525h |
Section 4103 contains an exemption from carrying fire extinguishers, for on a vessel competing in an organized race or a vessel designed and intended for racing only.
Amendments
1988—
[§4104. Repealed. Pub. L. 101–595, title VI, §603(3)(A), Nov. 16, 1990, 104 Stat. 2993 ]
Section,
§4105. Uninspected passenger vessels
(a)
(b) Within twenty-four months of the date of enactment of this subsection, the Secretary shall, by regulation, require certain additional equipment which may include liferafts or other lifesaving equipment, construction standards, or specify additional operating standards for those uninspected passenger vessels defined in
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 4105 | 46:1452 46:1453 |
Section 4105 provides that an uninspected passenger vessel is subject to
References in Text
The date of enactment of this subsection, referred to in subsec. (b), is the date of enactment of
Amendments
1993—
§4106. Penalties
If a vessel to which this chapter applies is operated in violation of this chapter or a regulation prescribed under this chapter, the owner, charterer, managing operator, agent, master, and individual in charge are each liable to the United States Government for a civil penalty of not more than $5,000. The vessel also is liable in rem for the penalty.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 4106 | 46:526o |
Section 4106 provides a civil penalty of $100 for a violation of this chapter or a regulation under this chapter. The vessel also is liable in rem.
Amendments
1988—
CHAPTER 43 —RECREATIONAL VESSELS
Historical and Revision Notes
Chapter Referred to in Other Sections
This chapter is referred to in
§4301. Application
(a) This chapter applies to a recreational vessel and associated equipment carried in the vessel on waters subject to the jurisdiction of the United States (including the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988) and, for a vessel owned in the United States, on the high seas.
(b) Except when expressly otherwise provided, this chapter does not apply to a foreign vessel temporarily operating on waters subject to the jurisdiction of the United States.
(c) Until there is a final judicial decision that they are navigable waters of the United States, the following waters lying entirely in New Hampshire are declared not to be waters subject to the jurisdiction of the United States within the meaning of this section: Lake Winnisquam, Lake Winnipesaukee, parts of the Merrimack River, and their tributary and connecting waters.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 4301 | 46:1453 |
Section 4301 provides that this chapter is applicable to a recreational vessel that operates on waters subject to the jurisdiction of the United States or that is owned in the United States and while operating on the high seas.
It also provides that a foreign recreational vessel that temporarily uses our waters is not subject to the requirements of this chapter. However, if the vessel remains permanently in the United States, it would be subject to the provisions of this chapter.
Section 4301(c) recognizes the ongoing controversy over the navigability of certain waters of New Hampshire. While a recreational vessel operating on these waters need not meet the requirements of this chapter, it would be prohibited from operating on any other waters subject to the jurisdiction of the United States if it does not comply with these requirements.
References in Text
Presidential Proclamation No. 5928, referred to in subsec. (a), is set out under
Amendments
1998—Subsec. (a).
Effective Date
Chapter effective Apr. 15, 1984, see section 2(g)(1) of
§4302. Regulations
(a) The Secretary may prescribe regulations—
(1) establishing minimum safety standards for recreational vessels and associated equipment, and establishing procedures and tests required to measure conformance with those standards, with each standard—
(A) meeting the need for recreational vessel safety; and
(B) being stated, insofar as practicable, in terms of performance;
(2) requiring the installation, carrying, or use of associated equipment (including fuel systems, ventilation systems, electrical systems, sound-producing devices, firefighting equipment, lifesaving devices, signaling devices, ground tackle, life- and grab-rails, and navigational equipment) on recreational vessels and classes of recreational vessels subject to this chapter, and prohibiting the installation, carrying, or use of associated equipment that does not conform with safety standards established under this section; and
(3) requiring or permitting the display of seals, labels, plates, insignia, or other devices for certifying or evidencing compliance with safety regulations and standards of the United States Government for recreational vessels and associated equipment.
(b) Each regulation prescribed under this section shall specify an effective date that is not earlier than 180 days from the date the regulation was published, unless the Secretary finds that there exists a recreational vessel safety hazard so critical as to require an earlier effective date. However, this period may not be more than 24 months for cases involving, in the discretion of the Secretary, major product design, retooling, or major changes in the manufacturing process.
(c) In prescribing regulations under this section, the Secretary shall, among other things—
(1) consider the need for and the extent to which the regulations will contribute to recreational vessel safety;
(2) consider relevant available recreational vessel safety standards, statistics, and data, including public and private research, development, testing, and evaluation;
(3) not compel substantial alteration of a recreational vessel or item of associated equipment that is in existence, or the construction or manufacture of which is begun before the effective date of the regulation, but subject to that limitation may require compliance or performance, to avoid a substantial risk of personal injury to the public, that the Secretary considers appropriate in relation to the degree of hazard that the compliance will correct; and
(4) consult with the National Boating Safety Advisory Council established under
(d)
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 4302 | 46:1454 46:1455 46:1456 46:1464(g) 46:1488 |
Section 4302 authorizes the Secretary to prescribe regulations to carry out the provisions of this chapter. In lieu of establishing specific statutory safety requirements, subsection (a) provides flexible regulatory authority to establish uniform standards for the design, construction, materials, and performance of the boats themselves and all associated equipment. It also provides for the display of seals and other devices for certifying or evidencing compliance with applicable safety regulations or standards.
Section 4302(b) requires a regulation prescribed under this section to have an effective date that is not earlier than 180 days from publication. However, in those instances where a safety hazard may be critical an earlier effective date is authorized.
Section 4302(c) requires the Secretary to consider certain objectives in developing regulatory controls and regulations or standards and that there must be an effective consultation process.
Section 4302(d) exempts dealer demonstration boats from the requirement of having to be named by a licensed individual when demonstrating boats to prospective purchasers or other business invitees when no fees are charged. The Secretary may require that boats so used be under control of a licensed individual.
Availability and Use of EPIRBs for Recreational Vessels
"(1) evaluate the current availability and use of EPIRBs and similar devices by the operators of recreational vessels and the actual and potential contribution of such devices to recreational boating safety; and
"(2) provide recommendations on policies and programs to encourage the availability and use of EPIRBS [sic] and similar devices by the operators of recreational vessels."
Section Referred to in Other Sections
This section is referred to in
§4303. Inspection and testing
(a) Subject to regulations, supervision, and reviews that the Secretary may prescribe, the Secretary may delegate to a person, private or public agency, or organization, or to an officer or employee under the supervision of that person or agency, any work, business, or function related to the testing, inspection, and examination necessary for compliance enforcement and for the development of data to enable the Secretary to prescribe regulations under
(b) The Secretary may—
(1) conduct research, testing, and development necessary to carry out this chapter, including the procurement by negotiation or otherwise of experimental and other recreational vessels or associated equipment for research and testing purposes; and
(2) subsequently sell those vessels.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 4303 | 46:1457 |
Section 4303 authorizes the Secretary to delegate to certain persons or agencies or organizations any work, business, or function related to the testing, inspection, and examination necessary for compliance enforcement. The Secretary may also conduct research, testing, and development necessary to carry out this chapter, including procurement of vessels and equipment and their subsequent sale. The Committee wishes to make clear that the Secretary may sell anything that was purchased to test.
§4304. Importation of nonconforming vessels and equipment
The Secretary and the Secretary of the Treasury may authorize by joint regulations the importation of any nonconforming recreational vessel or associated equipment on conditions, including providing a bond, that will ensure that the recreational vessel or associated equipment will be brought into conformity with applicable safety regulations and standards of the Government before the vessel or equipment is operated on waters subject to the jurisdiction of the United States.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 4304 | 46:1460 |
Section 4304 requires the regulation and control of the importation of nonconforming recreational vessels and associated equipment. This is to assure United States manufacturers that foreign imports comply with those regulations and standards in effect for United States products so that all manufacturers will be on this same competitive footing. This is being done in lieu of providing a specific prohibition against the importation of these vessels and equipment that might be considered an imposition of a non-tariff barrier to trade.
§4305. Exemptions
If the Secretary considers that recreational vessel safety will not be adversely affected, the Secretary may issue an exemption from this chapter or a regulation prescribed under this chapter.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 4305 | 46:1458 |
Section 4305 permits the Secretary to grant appropriate exemptions from the requirements of this chapter when recreational vessel safety will not be adversely affected.
Section Referred to in Other Sections
This section is referred to in
§4306. Federal preemption
Unless permitted by the Secretary under
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 4306 | 46:1459 46:1460 |
Section 4306 establishes the Federal preemption of recreational boating standards and requirements. A State or a political subdivision may not establish, continue, or enforce a law or regulation establishing a performance or other safety standard that is not identical to a Federal standard. The Secretary may grant an exemption to a State when the State requirement is one that is needed to meet uniquely hazardous conditions or circumstances within a State. This is to provide uniform standards without the imposition of excessive special requirements by individual States.
§4307. Prohibited acts
(a) A person may not—
(1) manufacture, construct, assemble, sell or offer for sale, introduce or deliver for introduction into interstate commerce, or import into the United States, a recreational vessel, associated equipment, or component of the vessel or equipment unless—
(A)(i) it conforms with this chapter or a regulation prescribed under this chapter; and
(ii) it does not contain a defect which has been identified, in any communication to such person by the Secretary or the manufacturer of that vessel, equipment or component, as creating a substantial risk of personal injury to the public; or
(B) it is intended only for export and is so labeled, tagged, or marked on the recreational vessel or equipment, including any markings on the outside of the container in which it is to be exported;
(2) affix, attach, or display a seal, document, label, plate, insignia, or other device indicating or suggesting compliance with standards of the United States Government on, in, or in connection with, a recreational vessel or item of associated equipment that is false or misleading; or
(3) fail to provide a notification as required by this chapter or fail to exercise reasonable diligence in carrying out the notification and reporting requirements of this chapter.
(b) A person may not operate a vessel in violation of this chapter or a regulation prescribed under this chapter.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 4307(a) | 46:1461(a) |
| 4307(b) | 46:1461(c) |
Section 4307 prohibits certain acts in the manufacture and operation of recreational vessels.
Amendments
1984—Subsec. (a)(1)(A).
Section Referred to in Other Sections
This section is referred to in
§4308. Termination of unsafe operation
If an official charged with the enforcement of this chapter observes a recreational vessel being operated without sufficient lifesaving or firefighting devices or in an overloaded or other unsafe condition (as defined in regulations prescribed under this chapter) and, in the judgment of the official, the operation creates an especially hazardous condition, the official may direct the individual in charge of the recreational vessel to take immediate and reasonable steps necessary for the safety of individuals on board the vessel, including directing the individual in charge to return to a mooring and to remain there until the situation creating the hazard is corrected or ended.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 4308 | 46:1462 |
Section 4308 authorizes an appropriate official to terminate the unsafe operation of recreational vessels. If the official observes the vessel being operated without sufficient lifesaving or firefighting devices or in an overloaded or other unsafe condition (as defined in regulations) and believes the operation creates an especially hazardous condition, the operator may be directed to take immediate and reasonable steps necessary for safety, including returning to a mooring and remaining there until the hazard is corrected or ended. This does not prevent the assessment of any applicable civil penalties nor the pursuing of appropriate criminal action.
Amendments
1986—
§4309. Investigation and reporting
(a) A recreational vessel manufacturer to whom this chapter applies shall establish and maintain records and reports and provide information the Secretary may require to enable the Secretary to decide whether the manufacturer has acted or is acting in compliance with this chapter and regulations prescribed under this chapter. On request of an officer, employee, or agent authorized by the Secretary, a recreational vessel manufacturer shall permit the officer, employee, or agent to inspect, at reasonable times, factories or other facilities, and records related to deciding whether the manufacturer has acted or is acting in compliance with this chapter and regulations prescribed under this chapter.
(b) Information reported to or otherwise obtained by the Secretary or the representative of the Secretary under this section containing or related to a trade secret or other matter referred to in
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 4309 | 46:1463 |
Section 4309 requires the establishment and maintenance of certain records by manufacturers, and the inspection and access to these records by the Secretary, at reasonable times, so as to assure Federal enforcement officials that the manufacturer has acted or is in compliance with applicable laws and regulations. It also provides protection for matters related to trade secrets and exemptions from public disclosure.
§4310. Repair and replacement of defects
(a) In this section, "associated equipment" includes only items or classes of associated equipment that the Secretary shall prescribe by regulation after deciding that the application of the requirements of this section to those items or classes of associated equipment is reasonable and in furtherance of this chapter.
(b) If a recreational vessel or associated equipment has left the place of manufacture and the recreational vessel manufacturer discovers or acquires information that the manufacturer decides, in the exercise of reasonable and prudent judgment, indicates that a recreational vessel or associated equipment subject to an applicable regulation prescribed under
(c)(1) The notification required by subsection (b) of this section shall be given to the following persons in the following manner:
(A) by certified mail to the first purchaser for other than resale, except that the requirement for notification of the first purchaser shall be satisfied if the recreational vessel manufacturer exercises reasonable diligence in establishing and maintaining a list of those purchasers and their current addresses, and sends the required notice to each person on that list at the address appearing on the list.
(B) by certified mail to subsequent purchasers if known to the manufacturer.
(C) by certified mail or other more expeditious means to the dealers and distributors of the recreational vessels or associated equipment.
(2) The notification required by subsection (b) of this section is required to be given only for a defect or failure of compliance discovered by the recreational vessel manufacturer within a reasonable time after the manufacturer has discovered the defect or failure, except that the manufacturer's duty of notification under paragraph (1)(A) and (B) of this subsection applies only to a defect or failure of compliance discovered by the manufacturer within one of the following appropriate periods:
(A) if a recreational vessel or associated equipment required by regulation to have a date of certification affixed, 5 years from the date of certification.
(B) if a recreational vessel or associated equipment not required by regulation to have a date of certification affixed, 5 years from the date of manufacture.
(d) The notification required by subsection (b) of this section shall contain a clear description of the defect or failure to comply, an evaluation of the hazard reasonably related to the defect or failure, a statement of the measures to correct the defect or failure, and an undertaking by the recreational vessel manufacturer to take those measures only at the manufacturer's cost and expense.
(e) Each recreational vessel manufacturer shall provide the Secretary with a copy of all notices, bulletins, and other communications to dealers and distributors of that manufacturer, and to purchasers of recreational vessels or associated equipment of that manufacturer, about a defect related to safety in the recreational vessels or associated equipment, and any failure to comply with the regulation or order applicable to the recreational vessels or associated equipment. The Secretary may publish or otherwise disclose to the public information in the notices or other information the Secretary has that the Secretary considers will assist in carrying out this chapter. However, the Secretary may disclose any information that contains or relates to a trade secret only if the Secretary decides that the information is necessary to carry out this chapter.
(f) If, through testing, inspection, investigation, or examination of reports, the Secretary decides that a recreational vessel or associated equipment to which this chapter applies contains a defect related to safety or fails to comply with an applicable regulation prescribed under this chapter and notification under this chapter is appropriate, the Secretary shall notify the recreational vessel manufacturer of the defect or failure. The notice shall contain the findings of the Secretary and shall include a synopsis of the information on which they are based. The manufacturer may then provide the notification required by this chapter to the persons designated in this chapter or dispute the Secretary's decision. If disputed, the Secretary shall provide the manufacturer with an opportunity to present views and establish that there is no such defect or failure. When the Secretary considers it to be in the public interest, the Secretary may publish notice of the proceeding in the Federal Register and provide interested persons, including the National Boating Safety Advisory Council, with an opportunity to comment. If, after presentation by the manufacturer, the Secretary decides that the recreational vessel or associated equipment contains a defect related to safety or fails to comply with an applicable regulation, the Secretary may direct the manufacturer to provide the notifications specified in this chapter.
(g) The Secretary may prescribe regulations to carry out this section, including the establishment of procedures that require dealers and distributors to assist manufacturers in obtaining information required by this section. A regulation prescribed under this subsection does not relieve a manufacturer of any obligation imposed by this section.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 4310 | 46:1464 |
Section 4310 imposes certain requirements on a recreational vessel and associated equipment manufacturer to provide notification of a defect or the failure of compliance after a manufacturer discovers the defect or failure. This section spells out the procedure for notification and who shall be notified. It assures the public of notification while protecting the manufacturer from the potential of damaging and inaccurate disclosures.
§4311. Penalties and injunctions
(a) A person willfully operating a recreational vessel in violation of this chapter or a regulation prescribed under this chapter shall be fined not more than $5,000, imprisoned for not more than one year, or both.
(b) A person violating
(1) the order or authorization was issued on the basis of a decision, in exercising reasonable and prudent judgment, that the defect or the nonconformity with standards and regulations constituting the violation would not cause or constitute a substantial risk of personal injury to the public; and
(2) at the time of the order or authorization, the director, officer, or executive employee advised the Secretary in writing of acting under this clause and clause (1) of this subsection.
(c) A person violating any other provision of this chapter or other regulation prescribed under this chapter is liable to the Government for a civil penalty of not more than $1,000. If the violation involves the operation of a vessel, the vessel also is liable in rem for the penalty.
(d) When a civil penalty of not more than $200 has been assessed under this chapter, the Secretary may refer the matter of collection of the penalty directly to the United States magistrate judge of the jurisdiction in which the person liable may be found for collection procedures under supervision of the district court and under an order issued by the court delegating this authority under
(e) The district courts of the United States have jurisdiction to restrain a violation of this chapter, or to restrain the sale, offer for sale, introduction or delivery for introduction into interstate commerce, or importation into the United States, of a recreational vessel or associated equipment that the court decides does not conform to safety standards of the Government. A civil action under this subsection shall be brought by filing a petition by the Attorney General for the Government. When practicable, the Secretary shall give notice to a person against whom an action for injunctive relief is contemplated and provide the person with an opportunity to present views and, except for a knowing and willful violation, shall provide the person with a reasonable opportunity to achieve compliance. The failure to give notice and provide the opportunity does not preclude the granting of appropriate relief by the district court.
(f) A person is not subject to a penalty under this chapter if the person—
(1) establishes that the person did not have reason to know, in exercising reasonable care, that a recreational vessel or associated equipment does not conform with the applicable safety standards of the Government or that the person was not advised by the Secretary or the manufacturer of that vessel, equipment or component that the vessel, equipment or component contains a defect which creates a substantial risk of personal injury to the public; or
(2) holds a certificate issued by the manufacturer of that recreational vessel or associated equipment to the effect that the recreational vessel or associated equipment conforms to all applicable recreational vessel safety standards of the Government, unless the person knows or reasonably should have known that the recreational vessel or associated equipment does not so conform.
(g) Compliance with this chapter or standards, regulations, or orders prescribed under this chapter does not relieve a person from liability at common law or under State law.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 4311(a) | 46:1483 |
| 4311(b) | 46:1484(a) |
| 4311(c) | 46:1484(b) |
| 4311(d) | 46:1484(d) |
| 4311(e) | 46:1485 |
| 4311(f) | 46:1461(b) |
| 4311(g) | 46:1489 |
Section 4311 provides penalties for violating any of the provisions of this chapter or a regulation prescribed under this chapter. For a willful violation the penalty is a criminal fine; all other penalties are civil in nature.
A person violating any of the prohibited acts specified in section 4307(a)(1) is subject to a maximum civil penalty that can go as high as a $100,000 for a related series of violations. However, the section provides for no liability for good faith reliance on certifications of compliance by others within the chain of responsibility and for defects that are not within an individual's responsibility or control.
This section also contains an alternate procedure for the collection of a civil penalty of not more than $200 through a U.S. magistrate in lieu of the civil penalty procedures of the Coast Guard. It also directs the district courts of the United States to restrain the sale, offer for sale, introduction or delivery for introduction into interstate commerce, or importation of a recreational vessel or associated equipment that does not conform to applicable safety standards. Finally, compliance with this chapter or standards, regulations, or orders does not relieve a person from liability at common law or under State law.
Amendments
1984—Subsec. (b)(1).
Subsec. (f)(1).
Change of Name
"United States magistrate judge" substituted for "United States magistrate" in subsec. (d) pursuant to section 321 of
CHAPTER 45 —UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS
Amendments
1988—
Chapter Referred to in Other Sections
This chapter is referred to in
§4501. Application
(a) This chapter applies to an uninspected vessel which is a fishing vessel, fish processing vessel, or fish tender vessel.
(b) This chapter does not apply to the carriage of bulk dangerous cargoes regulated under
(Added
Amendments
1988—
Foreign Built Vessels, Equivalent Compliance Until July 28, 1990
Section 7 of
"(1) it has an unexpired certificate of inspection issued by a foreign country that is a party to an International Convention for Safety of Life at Sea to which the United States Government is a party; and
"(2) it is in compliance with the safety requirements of that foreign country that apply to that vessel."
§4502. Safety standards
(a) The Secretary shall prescribe regulations which require that each vessel to which this chapter applies shall be equipped with—
(1) readily accessible fire extinguishers capable of promptly and effectively extinguishing a flammable or combustible liquid fuel fire;
(2) at least one readily accessible life preserver or other lifesaving device for each individual on board;
(3) an efficient flame arrestor, backfire trap, or other similar device on the carburetors of each inboard engine which uses gasoline as fuel;
(4) the means to properly and efficiently ventilate enclosed spaces, including engine and fuel tank compartments, so as to remove explosive or flammable gases;
(5) visual distress signals;
(6) a buoyant apparatus, if the vessel is of a type required by regulations prescribed by the Secretary to be equipped with that apparatus;
(7) alerting and locating equipment, including emergency position indicating radio beacons, on vessels that operate beyond 3 nautical miles from the baselines from which the territorial sea of the United States is measured, and which are owned in the United States or beyond 3 nautical miles from the coastline of the Great Lakes; and
(8) a placard as required by regulations prescribed under
(b)(1) In addition to the requirements of subsection (a) of this section, the Secretary shall prescribe regulations requiring the installation, maintenance, and use of the equipment in paragraph (2) of this subsection for documented vessels to which this chapter applies that—
(A) operate beyond the Boundary Line;
(B) operate with more than 16 individuals on board; or
(C) in the case of a fish tender vessel, engage in the Aleutian trade.
(2) The equipment to be required is as follows:
(A) alerting and locating equipment, including emergency position indicating radio beacons;
(B) lifeboats or liferafts sufficient to accommodate all individuals on board;
(C) at least one readily accessible immersion suit for each individual on board that vessel when operating on the waters described in
(D) radio communications equipment sufficient to effectively communicate with land-based search and rescue facilities;
(E) navigation equipment, including compasses, radar reflectors, nautical charts, and anchors;
(F) first aid equipment, including medicine chests; and
(G) other equipment required to minimize the risk of injury to the crew during vessel operations, if the Secretary determines that a risk of serious injury exists that can be eliminated or mitigated by that equipment.
(c)(1) In addition to the requirements described in subsections (a) and (b) of this section, the Secretary may prescribe regulations establishing the standards in paragraph (2) of this subsection for vessels to which this chapter applies that—
(A)(i) were built after December 31, 1988, or undergo a major conversion completed after that date; and
(ii) operate with more than 16 individuals on board; or
(B) in the case of a fish tender vessel, engage in the Aleutian trade.
(2) The standards shall be minimum safety standards, including standards relating to—
(A) navigation equipment, including radars and fathometers;
(B) lifesaving equipment, immersion suits, signaling devices, bilge pumps, bilge alarms, life rails, and grab rails;
(C) fire protection and firefighting equipment, including fire alarms and portable and semiportable fire extinguishing equipment;
(D) use and installation of insulation material;
(E) storage methods for flammable or combustible material; and
(F) fuel, ventilation, and electrical systems.
(d)(1) The Secretary shall prescribe regulations for the operating stability of a vessel to which this chapter applies—
(A) that was built after December 31, 1989; or
(B) the physical characteristics of which are substantially altered after December 31, 1989, in a manner that affects the vessel's operating stability.
(2) The Secretary may accept, as evidence of compliance with this subsection, a certification of compliance issued by the person providing insurance for the vessel or by another qualified person approved by the Secretary.
(e) In prescribing regulations under this chapter, the Secretary—
(1) shall consider the specialized nature and economics of the operations and the character, design, and construction of the vessel; and
(2) may not require the alteration of a vessel or associated equipment that was constructed or manufactured before the effective date of the regulation.
(f) To ensure compliance with the requirements of this chapter, at least once every 2 years the Secretary shall examine—
(1) a fish processing vessel; and
(2) a fish tender vessel engaged in the Aleutian trade.
(Added
Amendments
1998—Subsec. (a)(7).
1996—Subsec. (a)(7).
1990—Subsec. (b).
"(1) alerting and locating equipment, including emergency position indicating radio beacons;
"(2) lifeboats or liferafts sufficient to accommodate all individuals on board;
"(3) at least one readily accessible immersion suit for each individual on board that vessel when operating on the waters described in
"(4) radio communications equipment sufficient to effectively communicate with land-based search and rescue facilities;
"(5) navigation equipment, including compasses, radar reflectors, nautical charts, and anchors;
"(6) first aid equipment, including medicine chests; and
"(7) other equipment required to minimize the risk of injury to the crew during vessel operations, if the Secretary determines that a risk of serious injury exists that can be eliminated or mitigated by that equipment."
Subsec. (c).
"(1) navigation equipment, including radars and fathometers;
"(2) life saving equipment, immersion suits, signaling devices, bilge pumps, bilge alarms, life rails, and grab rails;
"(3) fire protection and firefighting equipment, including fire alarms and portable and semiportable fire extinguishing equipment;
"(4) use and installation of insulation material;
"(5) storage methods for flammable or combustible material; and
"(6) fuel, ventilation, and electrical systems."
Subsec. (f).
1988—
1984—Subsec. (b)(3).
Effective Date of 1990 Amendment
Section 602(f) of
"(1) The requirements imposed by section 3302(c)(4)(B) and (C) of
"(2) Before January 1, 1993, section 4502(c) (as amended by subsection (c) of this section) does not apply to a fish tender vessel engaged in the Aleutian trade, if the vessel—
"(A)(i) before September 8, 1990, operated in that trade; or
"(ii) before September 8, 1990, was purchased to be used in that trade and, before June 1, 1992, entered into service in that trade; and
"(B) does not undergo a major conversion.
"(3) Before January 1, 2003, a fish tender vessel is exempt from
"(A)(i) before September 8, 1990, operated in that trade; or
"(ii) before September 8, 1990, was purchased to be used in this trade and, before June 1, 1992, entered into service in that trade;
"(B) does not undergo a major conversion; and
"(C) did not have a load line assigned at any time before the date of enactment of this Act.
"(4) The requirements imposed by
Studies Regarding Safety of Fishing Vessels
Section 5(a) of
Section 5(b) of
Territorial Sea of United States
For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§4503. Fish processing vessel certification
(a) A fish processing vessel to which this section applies may not be operated unless the vessel—
(1) meets all survey and classification requirements prescribed by the American Bureau of Shipping or another similarly qualified organization approved by the Secretary; and
(2) has on board a certificate issued by the American Bureau of Shipping or that other organization evidencing compliance with this subsection.
(b) This section applies to a fish processing vessel to which this chapter applies that—
(1) is built after July 27, 1990; or
(2) undergoes a major conversion completed after that date.
(Added
Amendments
1988—
1984—
Section Referred to in Other Sections
This section is referred to in
§4504. Prohibited acts
A person may not operate a vessel in violation of this chapter or a regulation prescribed under this chapter.
(Added
Amendments
1988—
§4505. Termination of unsafe operations
An official authorized to enforce this chapter—
(1) may direct the individual in charge of a vessel to which this chapter applies to immediately take reasonable steps necessary for the safety of individuals on board the vessel if the official observes the vessel being operated in an unsafe condition that the official believes creates an especially hazardous condition, including ordering the individual in charge to return the vessel to a mooring and to remain there until the situation creating the hazard is corrected or ended; and
(2) may order the individual in charge of an uninspected fish processing vessel that does not have on board the certificate required under
(Added
§4506. Exemptions
(a) The Secretary may exempt a vessel from any part of this chapter if, under regulations prescribed by the Secretary (including regulations on special operating conditions), the Secretary finds that—
(1) good cause exists for granting an exemption; and
(2) the safety of the vessel and those on board will not be adversely affected.
(b) A vessel to which this chapter applies is exempt from
(1) is less than 36 feet in length; and
(2) is operating—
(A) in internal waters of the United States; or
(B) within 3 nautical miles from the baselines from which the territorial sea of the United States is measured.
(Added
Amendments
1998—Subsec. (b)(2).
1992—Subsec. (b).
Territorial Sea of United States
For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under
§4507. Penalties
(a) The owner, charterer, managing operator, agent, master, and individual in charge of a vessel to which this chapter applies which is operated in violation of this chapter or a regulation prescribed under this chapter may each be assessed a civil penalty by the Secretary of not more than $5,000. Any vessel with respect to which a penalty is assessed under this subsection is liable in rem for the penalty.
(b) A person willfully violating this chapter or a regulation prescribed under this chapter shall be fined not more than $5,000, imprisoned for not more than one year, or both.
(Added
§4508. Commercial Fishing Industry Vessel Advisory Committee
(a) The Secretary shall establish a Commercial Fishing Industry Vessel Advisory Committee. The Committee—
(1) may advise, consult with, report to, and make recommendations to the Secretary on matters relating to the safe operation of vessels to which this chapter applies, including navigation safety, safety equipment and procedures, marine insurance, vessel design, construction, maintenance and operation, and personnel qualifications and training;
(2) may review proposed regulations under this chapter;
(3) may make available to Congress any information, advice, and recommendations that the Committee is authorized to give to the Secretary; and
(4) shall meet at the call of the Secretary, who shall call such a meeting at least once during each calendar year.
(b)(1) The Committee shall consist of seventeen members with particular expertise, knowledge, and experience regarding the commercial fishing industry as follows:
(A) ten members from the commercial fishing industry who—
(i) reflect a regional and representational balance; and
(ii) have experience in the operation of vessels to which this chapter applies or as a crew member or processing line worker on an uninspected fish processing vessel;
(B) three members from the general public, including, whenever possible, an independent expert or consultant in maritime safety and a member of a national organization composed of persons representing owners of vessels to which this chapter applies and persons representing the marine insurance industry;
(C) one member representing each of—
(i) naval architects or marine surveyors;
(ii) manufacturers of equipment for vessels to which this chapter applies;
(iii) education or training professionals related to fishing vessel, fish processing vessel, or fish tender vessel safety or personnel qualifications; and
(iv) underwriters that insure vessels to which this chapter applies.
(2) At least once each year, the Secretary shall publish a notice in the Federal Register and in newspapers of general circulation in coastal areas soliciting nominations for membership on the Committee, and, after timely notice is published, appoint the members of the Committee. An individual may be appointed to a term as a member of the Committee more than once. The Secretary may not seek or use information concerning the political affiliation of individuals in making appointments to the Committee.
(3)(A) A member of the Committee shall serve a term of three years.
(B) If a vacancy occurs in the membership of the Committee, the Secretary shall appoint a member to fill the remainder of the vacated term.
(4) The Committee shall elect one of its members as the Chairman and one of its members as the Vice Chairman. The Vice Chairman shall act as Chairman in the absence or incapacity of, or in the event of a vacancy in the office of, the Chairman.
(5) The Secretary shall, and any other interested agency may, designate a representative to participate as an observer with the Committee. These representatives shall, as appropriate, report to and advise the Committee on matters relating to vessels to which this chapter applies which are under the jurisdiction of their respective agencies. The Secretary's designated representative shall act as executive secretary for the Committee and perform the duties set forth in section 10(c) of the Federal Advisory Committee Act (5 App. U.S.C.).
(c)(1) The Secretary shall, whenever practicable, consult with the Committee before taking any significant action relating to the safe operation of vessels to which this chapter applies.
(2) The Secretary shall consider the information, advice, and recommendations of the Committee in consulting with other agencies and the public or in formulating policy regarding the safe operation of vessels to which this chapter applies.
(d)(1) A member of the Committee who is not an officer or employee of the United States or a member of the Armed Forces, when attending meetings of the Committee or when otherwise engaged in the business of the Committee, is entitled to receive—
(A) compensation at a rate fixed by the Secretary, not exceeding the daily equivalent of the current rate of basic pay in effect for GS–18 of the General Schedule under
(B) travel or transportation expenses under
(2) Payments under this section do not render a member of the Committee an officer or employee of the United States or a member of the Armed Forces for any purpose.
(3) A member of the Committee who is an officer or employee of the United States or a member of the Armed Forces may not receive additional pay based on the member's service to the Committee.
(4) The provisions of this section relating to an officer or employee of the United States or a member of the Armed Forces do not apply to a member of a reserve component of the Armed Forces unless that member is in an active status.
(e)(1) The Federal Advisory Committee Act (
(2) Two years prior to the termination date referred to in paragraph (1) of this subsection, the Committee shall submit to Congress its recommendation regarding whether the Committee should be renewed and continued beyond the termination date.
(Added
References in Text
The Federal Advisory Committee Act, referred to in subsecs. (b)(5) and (e)(1), is
Amendments
1996—Subsec. (e)(1).
1991—Subsec. (e)(1).
1989—Subsec. (b)(2).
References in Other Laws to GS–16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of
Initial Appointments to Commercial Fishing Industry Advisory Committee
Section 2(b) of
"(1)
"(A) one-third of the members shall serve a term of one year and one-third of the members shall serve a term of two years, to be determined by lot at the first meeting of the Committee; and
"(B) terms may be adjusted to coincide with the Government's fiscal year.
"(2)
CHAPTER 47 —ABANDONMENT OF BARGES
§4701. Definitions
In this chapter—
(1) "abandon" means to moor, strand, wreck, sink, or leave a barge of more than 100 gross tons as measured under
(2) "barge removal contractor" means a person that enters into a contract with the United States to remove an abandoned barge under this chapter.
(3) "navigable waters of the United States" means waters of the United States, including the territorial sea.
(4) "removal" or "remove" means relocation, sale, scrapping, or other method of disposal.
(Added
Amendments
1996—Par. (1).
Short Title
Section 5301 of
Application to Certain Barges
Section 5303 of title V of
Territorial Sea of United States
For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under
§4702. Abandonment of barge prohibited
(a) 1 An owner or operator of a barge may not abandon it on the navigable waters of the United States. A barge is deemed not to be abandoned if—
(1) it is located at a Federally- or State-approved mooring area;
(2) it is on private property with the permission of the owner of the property; or
(3) the owner or operator notifies the Secretary that the barge is not abandoned and the location of the barge.
(Added
Section Referred to in Other Sections
This section is referred to in
1 So in original. No subsec. (b) has been enacted.
§4703. Penalty for unlawful abandonment of barge
Thirty days after the notification procedures under section 4704(a)(1) are completed, the Secretary may assess a civil penalty of not more than $1,000 for each day of the violation against an owner or operator that violates section 4702. A vessel with respect to which a penalty is assessed under this chapter is liable in rem for the penalty.
(Added
Section Referred to in Other Sections
This section is referred to in
§4704. Removal of abandoned barges
(a)(1) The Secretary may remove a barge that is abandoned after complying with the following procedures:
(A) If the identity of the owner or operator can be determined, the Secretary shall notify the owner or operator by certified mail—
(i) that if the barge is not removed it will be removed at the owner's or operator's expense; and
(ii) of the penalty under section 4703.
(B) If the identity of the owner or operator cannot be determined, the Secretary shall publish an announcement in—
(i) a notice to mariners; and
(ii) an official journal of the county in which the barge is located
that if the barge is not removed it will be removed at the owner's or operator's expense.
(2) The United States, and any officer or employee of the United States is not liable to an owner or operator for damages resulting from removal of an abandoned barge under this chapter.
(b) The owner or operator of an abandoned barge is liable, and an abandoned barge is liable in rem, for all expenses that the United States incurs in removing an abandoned barge under this chapter.
(c)(1) The Secretary may, after providing notice under subsection (a)(1), solicit by public advertisement sealed bids for the removal of an abandoned barge.
(2) After solicitation under paragraph (1) the Secretary may award a contract. The contract—
(A) may be subject to the condition that the barge and all property on the barge is the property of the barge removal contractor; and
(B) must require the barge removal contractor to submit to the Secretary a plan for the removal.
(3) Removal of an abandoned barge may begin thirty days after the Secretary completes the procedures under subsection (a)(1).
(Added
Section Referred to in Other Sections
This section is referred to in
§4705. Liability of barge removal contractors
(a)(1) 1 A barge removal contractor and its subcontractor 2 not liable for damages that result from actions taken or omitted to be taken in the course of removing a barge under this chapter.
(2) Paragraph (1) does not apply—
(A) with respect to personal injury or wrongful death; or
(B) if the contractor or subcontractor is grossly negligent or engages in willful misconduct.
(Added