Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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description: "Vessels subject to inspection"
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title_number: 46
title_name: "SHIPPING"
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chapter_name: "INSPECTION GENERALLY"
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citation: "46 U.S.C. § 3301"
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# 46 U.S.C. § 3301 - Vessels subject to inspection
## Text
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.
(15) towing vessels.
(Pub. L. 9889, Aug. 26, 1983, 97 Stat. 510; Pub. L. 98364, title IV, § 402(2), July 17, 1984, 98 Stat. 445; Pub. L. 102587, title V, § 5208(b), Nov. 4, 1992, 106 Stat. 5076; Pub. L. 104324, title XI, § 1104(g), Oct. 19, 1996, 110 Stat. 3967; Pub. L. 108293, title IV, § 415(a), Aug. 9, 2004, 118 Stat. 1047.)
## Notes
Historical and Revision Notes Revised sectionSource section (U.S. Code) 3301(1)46:39146:404 3301(2)46:1295f(c) 3301(3)46:4041 3301(4)46:390a46:391 3301(5)46:390a 3301(6)46:395 3301(7)46:367 3301(8)46:390a 3301(9)46:36246:39146:405 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 vessels inspection status must be determined by examining a table appearing at section 2.017A 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.
Editorial Notes
Amendments2004—Par. (15). Pub. L. 108293 added par. (15). 1996—Par. (14). Pub. L. 104324 added par. (14). 1992—Par. (13). Pub. L. 102587 added par. (13). 1984—Pars. (11), (12). Pub. L. 98364 added pars. (11) and (12).
Statutory Notes and Related Subsidiaries
Effective Date of 1992 AmendmentAmendment by Pub. L. 102587 effective Nov. 4, 1992, for Great Lakes barges placed in operation after Nov. 4, 1992, and effective one year after Nov. 4, 1992, for Great Lakes barges in operation on Nov. 4, 1992, with provision for interim safety requirements, see section 5208(c), (d) of Pub. L. 102587, set out as a note under section 2101 of this title.
Effective DateSection effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 9889, set out as a note under section 3101 of this title.
Pilot ProgramPub. L. 105383, title IV, § 412(b), Nov. 13, 1998, 112 Stat. 3432, provided that: “(1) In general.—The Secretary may establish a pilot program to exempt a vessel of at least 300 gross tons as measured under chapter 143 or chapter 145 of title 46, United States Code, from the requirement to be inspected under section 3301(7) of title 46, United States Code, as a seagoing motor vessel, if—“(A) the vessel does not carry any cargo or passengers for hire; “(B) the vessel does not engage in commercial service, commercial fisheries, or oceanographic research; and “(C) the vessel does not engage in towing. “(2) Expiration of authority.—The authority to grant the exemptions under this subsection expires 2 years after the date of the enactment of this Act [Nov. 13, 1998]. Any specific exemptions granted under this subsection shall nonetheless remain in effect.”
Small Passenger Vessel Pilot Inspection Program With State of MinnesotaPub. L. 104324, title XI, § 1122, Oct. 19, 1996, 110 Stat. 3979, provided that: “(a) In General.—The Secretary may enter into an agreement with the State under which the State may inspect small passenger vessels operating in waters of that State designated by the Secretary, if—“(1) the State plan for the inspection of small passenger vessels meets such requirements as the Secretary may require to ensure the safety and operation of such vessels in accordance with the standards that would apply if the Coast Guard were inspecting such vessels; and “(2) the State will provide such information obtained through the inspection program to the Secretary annually in such form and in such detail as the Secretary may require. “(b) Fees.—The Secretary may adjust or waive the user fee imposed under section 3317 of title 46, United States Code, for the inspection of small passenger vessels inspected under the State program. “(c) Termination.—The authority provided by subsection (a) terminates on December 31, 1999. “(d) Definitions.—For purposes of this section—“(1) Secretary.—The term Secretary means the Secretary of the department in which the Coast Guard is operating. “(2) State.—The term State means the State of Minnesota. “(3) Small passenger vessel.—The term small passenger vessel means a small passenger vessel (as defined in section 2101(35) [now 2101(49)] of title 46, United States Code) of not more than 40 feet overall in length.” [For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.]
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# 46 U.S.C. § 3303 - Reciprocity for foreign vessels
## Text
Except as provided in chapter 37 and section 3505 of this title, a foreign vessel of a country having inspection laws and standards similar to those of the United States and that has an unexpired certificate of inspection issued by proper authority of its respective country, is subject to an inspection to ensure that the condition of the vessel is as stated in its current certificate of inspection. A foreign country is considered to have inspection laws and standards similar to those of the United States when it is a party to an International Convention for Safety of Life at Sea to which the United States Government is currently a party. A foreign certificate of inspection may be accepted as evidence of lawful inspection only when presented by a vessel of a country that has by its laws accorded to vessels of the United States visiting that country the same privileges accorded to vessels of that country visiting the United States.
(Pub. L. 9889, Aug. 26, 1983, 97 Stat. 512; Pub. L. 102587, title V, § 5210(a), Nov. 4, 1992, 106 Stat. 5076; Pub. L. 104324, title XI, § 1111, Oct. 19, 1996, 110 Stat. 3970; Pub. L. 108293, title IV, § 411(b), Aug. 9, 2004, 118 Stat. 1046.)
## Notes
Historical and Revision Notes Revised sectionSource section (U.S. Code) 330346:362(a)46:390c46:391a(3) Section 3303 acknowledges the international concept of comity with respect to recognizing inspection laws and standards for foreign flag vessels that are similar to those of the United States. If a foreign nation is signatory to the International Convention for Safety of Life at Sea, it is presumed to have similar standards. However, reciprocity requirements for foreign flag tank vessels are included in chapter 37. Subsection (b) provides for a mutual waiver of fees for the inspection of foreign vessels carrying passengers from the United States.
Editorial Notes
Amendments2004—Pub. L. 108293 inserted “and section 3505” after “chapter 37”. 1996—Pub. L. 104324 struck out subsec. (a) designation and subsec. (b) which read as follows: “The Secretary shall collect and pay to the Treasury the same fees for the inspection of foreign vessels carrying passengers from the United States that a foreign country charges vessels of the United States trading to the ports of that country. The Secretary may waive at any time the collection of the fees on notice of the proper authorities of any country concerned that the collection of fees for the inspection of vessels of the United States has been discontinued.” 1992—Subsec. (a). Pub. L. 102587, in first sentence, struck out “only” after “is subject” and substituted “the condition of the vessel is” for “the condition of the vessels propulsion equipment and lifesaving equipment are”.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 9889, set out as a note under section 3101 of this title.
International Convention for Safety of Life at SeaFor International Conventions for the Safety of Life at Sea to which the United States has been a party, see section 1602 of Title 33, Navigation and Navigable Waters, and notes thereunder.
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# 46 U.S.C. § 3304 - Transporting individuals in addition to crew
## Text
(a) A documented vessel transporting cargo that transports not more than 12 individuals in addition to the crew on international voyages, or not more than 16 individuals in addition to the crew on other voyages, is not subject to inspection as a passenger vessel or a small passenger vessel if the vessel is otherwise subject to inspection under this chapter.
(b) Except when subsection (e) of this section applies, before an individual in addition to the crew is transported on a vessel as permitted by this section, the owner, charterer, managing operator, agent, master, or individual in charge of the vessel first shall notify the individual of the presence on board of dangerous articles as defined by law, and of other conditions or circumstances that would constitute a risk of safety to the individual on board.
(c) A privilege authorized by this section applies to a vessel of a foreign country that affords a similar privilege to vessels of the United States in trades not restricted to vessels under its own flag.
(d) A fishing, fish processing, or fish tender vessel that transports not more than 12 individuals employed in the fishing industry in addition to the crew is not subject to inspection as a passenger or small passenger vessel.
(e) The Secretary may by regulation allow individuals in addition to the crew to be transported in an emergency or under section 2304 of this title.
(Pub. L. 9889, Aug. 26, 1983, 97 Stat. 513; Pub. L. 98364, title IV, § 402(4), July 17, 1984, 98 Stat. 446; Pub. L. 99307, § 1(5)(A), May 19, 1986, 100 Stat. 444.)
## Notes
Historical and Revision Notes Revised sectionSource section (U.S. Code) 330446:39039346:882 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.
Editorial Notes
Amendments1986—Pub. L. 99307, § 1(5)(A)(i), substituted “Transporting” for “Carrying” in section catchline. Subsec. (a). Pub. L. 99307, § 1(5)(A)(ii), substituted “transporting cargo that transports” for “carrying cargo that carries” and inserted “if the vessel is otherwise subject to inspection under this chapter”. Subsec. (b). Pub. L. 99307, § 1(5)(A)(iii), substituted “Except when subsection (e) of this section applies, before” for “Before” and “transported” for “carried”. Subsec. (c). Pub. L. 99307, § 1(5)(A)(iv), substituted “A privilege” for “The privilege”. Subsec. (e). Pub. L. 99307, § 1(5)(A)(v), added subsec. (e). 1984—Subsec. (d). Pub. L. 98364 added subsec. (d).
Statutory Notes and Related Subsidiaries
Effective DateSection effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 9889, set out as a note under section 3101 of this title.
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# 46 U.S.C. § 3305 - Scope and standards of inspection
## Text
(a) (1) The inspection process shall ensure that a vessel subject to inspection—
(A) is of a structure suitable for the service in which it is to be employed;
(B) is equipped with proper appliances for lifesaving, fire prevention, and firefighting;
(C) has suitable accommodations for the crew, sailing school instructors, and sailing school students, and for passengers on the vessel if authorized to carry passengers;
(D) has an adequate supply of potable water for drinking and washing by passengers and crew;
(E) is in a condition to be operated with safety to life and property; and
(F) complies with applicable marine safety laws and regulations.
(2) In determining the adequacy of the supply of potable water under paragraph (1)(D), the Secretary shall consider—
(A) the size and type of vessel;
(B) the number of passengers or crew on board;
(C) the duration and routing of voyages; and
(D) guidelines for potable water recommended by the Centers for Disease Control and Prevention and the Public Health Service.
(b) If an inspection, or examination under section 3308 of this title, reveals that a life preserver, lifesaving device, or firehose is defective and incapable of being repaired, the owner or master shall destroy the life preserver, lifesaving device, or firehose in the presence of the official conducting the inspection or examination.
(c) A nautical school vessel operated by a civilian nautical school or by an educational institution under section 558 of title 40 shall be inspected like a small passenger vessel or a passenger vessel, depending on its tonnage.
(d) (1) The Commandant of the Coast Guard shall ensure that Officers in Charge, Marine Inspections consistently interpret regulations and standards under this subtitle and chapter 700 to avoid disruption and undue expense to industry.
(2) (A) Subject to subparagraph (B), in the event of a disagreement regarding the condition of a vessel or the interpretation of a regulation or standard referred to in subsection (a) between a local Officer in Charge, Marine Inspection conducting an inspection of the vessel and the Officer in Charge, Marine Inspection that issued the most recent certificate of inspection for the vessel, such Officers shall seek to resolve such disagreement.
(B) If a disagreement described in subparagraph (A) involves vessel design or plan review, the Coast Guard marine safety center shall be included in all efforts to resolve such disagreement.
(C) If a disagreement described in subparagraph (A) or (B) cannot be resolved, the local Officer in Charge, Marine Inspection shall submit to the Commandant of the Coast Guard, through the cognizant Coast Guard district commander, a request for a final agency determination of the matter in disagreement.
(3) The Commandant of the Coast Guard shall—
(A) provide to each person affected by a decision or action by an Officer in Charge, Marine Inspection or by the Coast Guard marine safety center all information necessary for such person to exercise any right to appeal such decision or action; and
(B) if such an appeal is filed, process such appeal under parts 1 through 4 of title 46, Code of Federal Regulations, as in effect on the date of enactment of the Frank LoBiondo Coast Guard Authorization Act of 2018.
(4) In this section, the term “Officer in Charge, Marine Inspection” means any person from the civilian or military branch of the Coast Guard who—
(A) is designated as such by the Commandant; and
(B) under the superintendence and direction of the cognizant Coast Guard district commander, is in charge of an inspection zone for the performance of duties with respect to the inspections under, and enforcement and administration of, subtitle II, chapter 700, and regulations under such laws.
(Pub. L. 9889, Aug. 26, 1983, 97 Stat. 513; Pub. L. 9936, § 1(a)(1), May 15, 1985, 99 Stat. 67; Pub. L. 99640, § 13(e), Nov. 10, 1986, 100 Stat. 3551; Pub. L. 107217, § 3(m)(2), Aug. 21, 2002, 116 Stat. 1302; Pub. L. 108293, title IV, § 416, Aug. 9, 2004, 118 Stat. 1047; Pub. L. 109241, title IX, § 901(f), July 11, 2006, 120 Stat. 564; Pub. L. 115282, title V, § 501(a), Dec. 4, 2018, 132 Stat. 4268; Pub. L. 116283, div. G, title LVXXXV [LXXXV], § 8507(a)(1), Jan. 1, 2021, 134 Stat. 4752.)
## Notes
Historical and Revision Notes Revised sectionSource section (U.S. Code) 330546:369 46:390a 46:391 46:392 46:395 46:4041 46:405 46:406 46:407 46:408 46:660a 46:881 Section 3305 consolidates, at one place, the basic scope of coverage of the inspection process. It is to be noted that the time difference in enactment of various statutes has resulted in some anomalies. Thus, for example, R.S. 4417 (46 U.S.C. 391) which had originally set periods of inspection and vested authority in “local inspectors” was expanded over the years to provide the base for inspection of certain classes of vessels as well as setting out the periods and scope. The distillation of inspection objectives and standards in later laws and the transfer of all functions of separately created bureaus and functionaries to the Coast Guard permit this consolidation. There are those who have a desire to see the scope and standards of inspection be more specific in law similar to those presently applicable to boilers and boiler plating that predate 1871. The Committee believes this serves no useful purpose since the specifics are either antiquated or too limiting and have, in fact, been superceded by the statutorily authorized adoption of various industrial specifications, standards, and codes by the Coast Guard. These include the American Bureau of Shipping (ABS), American Society of Mechanical Engineers (ASME), American National Standards Institute (ANSI), American Society for Testing and Materials (ASTM), American Welding Society (AWS), Underwriters Laboratories (UL), and many others. In addition, Coast Guard regulations must also implement and conform to the numerous international maritime safety treaties to which the United States is signatory. The Committee expects that the regulatory flexibility being provided will not reduce the present vessel inspection requirements that have been historically developed. Section 3305(a) establishes the statutory scope of the Coast Guards 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.
Editorial Notes
References in TextThe date of enactment of the Frank LoBiondo Coast Guard Authorization Act of 2018, referred to in subsec. (d)(3)(B), is the date of enactment of Pub. L. 115282, which was approved Dec. 4, 2018.
Amendments2021—Subsec. (d)(3)(B). Pub. L. 116283 substituted “Frank LoBiondo Coast Guard Authorization Act of 2018” for “Coast Guard Authorization Act of 2017”. 2018—Subsec. (d). Pub. L. 115282 added subsec. (d). 2006—Subsec. (a)(2). Pub. L. 109241 realigned margins. 2004—Subsec. (a). Pub. L. 108293, § 416(b), designated existing provisions as par. (1), redesignated former pars. (1) to (6) as subpars. (A) to (F), respectively, of par. (1), and added par. (2). Subsec. (a)(4) to (6). Pub. L. 108293, § 416(a), added par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively. 2002—Subsec. (c). Pub. L. 107217 substituted “section 558 of title 40” for “section 13 of the Coast Guard Authorization Act of 1986”. 1986—Subsec. (c). Pub. L. 99640 inserted “or by an educational institution under section 13 of the Coast Guard Authorization Act of 1986”. 1985—Subsec. (b). Pub. L. 9936 substituted “lifesaving” and “life preserver, lifesaving device, or firehose” for “life-saving” and “life preserver or firehose”, respectively.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 9889, set out as a note under section 3101 of this title.
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# 46 U.S.C. § 3307 - Frequency of inspection
## Text
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.
(Pub. L. 9889, Aug. 26, 1983, 97 Stat. 514; Pub. L. 104324, title VI, § 605(a), Oct. 19, 1996, 110 Stat. 3931.)
## Notes
Historical and Revision Notes Revised sectionSource section (U.S. Code) 3307(1)46:391(c)46:1295f(c) 3307(2)46:390a(a)46:4041(6)(i) 3307(3)46:391(b)46:392(b)46:4041(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.
Editorial Notes
Amendments1996—Par. (1). Pub. L. 104324, § 605(a)(1), substituted “, nautical school vessel, and small passenger vessel allowed to carry more than 12 passengers on a foreign voyage” for “and nautical school vessel” and inserted “and” at end. Pars. (2), (3). Pub. L. 104324, § 605(a)(2), (3), redesignated par. (3) as (2), substituted “5 years” for “2 years”, and struck out former par. (2) which read as follows: “each small passenger vessel, freight vessel or offshore supply vessel of less than 100 gross tons, and sailing school vessel shall be inspected at least once every 3 years; and”.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 9889, set out as a note under section 3101 of this title.
@@ -0,0 +1,57 @@
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# 46 U.S.C. § 3308 - Examinations
## Text
In addition to inspections required by section 3307 of this title, the Secretary shall examine or have examined—
(1) each vessel subject to inspection at proper times to ensure compliance with law and regulations; and
(2) crewmember accommodations on each vessel subject to inspection at least once a month or when the vessel enters United States ports to ensure that the accommodations are—
(A) of the size required by law and regulations;
(B) properly ventilated and in a clean and sanitary condition; and
(C) equipped with proper plumbing and mechanical appliances required by law and regulations, and the appliances are in good working condition.
(Pub. L. 9889, Aug. 26, 1983, 97 Stat. 514; Pub. L. 104324, title VI, § 603(c), Oct. 19, 1996, 110 Stat. 3930.)
## Notes
Historical and Revision Notes Revised sectionSource section (U.S. Code) 330846:43546:660a46:660b 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.
Editorial Notes
Amendments1996—Pub. L. 104324 inserted “or have examined” after “examine” in introductory provisions.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 9889, set out as a note under section 3101 of this title.
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# 46 U.S.C. § 3309 - Certificate of inspection
## Text
(a) When an inspection under section 3307 of this title has been made and a vessel has been found to be in compliance with the requirements of law and regulations, a certificate of inspection, in a form prescribed by the Secretary, shall be issued to the vessel.
(b) The Secretary may issue a temporary certificate of inspection in place of a regular certificate of inspection issued under subsection (a) of this section.
(c) At least 30 days before the current certificate of inspection issued to a vessel under subsection (a) of this section expires, the owner, charterer, managing operator, agent, master, or individual in charge of the vessel shall submit to the Secretary in writing a notice that the vessel—
(1) will be required to be inspected; or
(2) will not be operated so as to require an inspection.
(d) A certificate of inspection issued under this section shall be signed by the senior Coast Guard member or civilian employee who inspected the vessel, in addition to the officer in charge of marine inspection.
(Pub. L. 9889, Aug. 26, 1983, 97 Stat. 515; Pub. L. 98498, title II, § 211(a), Oct. 19, 1984, 98 Stat. 2303; Pub. L. 104324, title VI, § 606, Oct. 19, 1996, 110 Stat. 3931; Pub. L. 111281, title V, § 522(c), Oct. 15, 2010, 124 Stat. 2957.)
## Notes
Historical and Revision Notes Revised sectionSource section (U.S. Code) 330946:390c46:391a(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.
Editorial Notes
Amendments2010—Subsec. (d). Pub. L. 111281 added subsec. (d). 1996—Subsec. (c). Pub. L. 104324 struck out “(but not more than 60 days)” after “30 days” in introductory provisions. 1984—Subsec. (c). Pub. L. 98498 added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1984 AmendmentAmendment by Pub. L. 98498 effective 180 days after Oct. 19, 1984, see section 214 of Pub. L. 98498, set out as an Effective Date note under section 2306 of this title.
Effective DateSection effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 9889, set out as a note under section 3101 of this title.
@@ -0,0 +1,43 @@
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# 46 U.S.C. § 3310 - Records of certification
## Text
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.
(Pub. L. 9889, Aug. 26, 1983, 97 Stat. 515.)
## Notes
Historical and Revision Notes Revised sectionSource section (U.S. Code) 331046:414 Section 3310 contains the requirement for maintaining inspection records.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 9889, set out as a note under section 3101 of this title.
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# 46 U.S.C. § 3311 - Certificate of inspection required
## Text
(a) Except as provided in subsection (b), a vessel subject to inspection under this part may not be operated without having on board a certificate of inspection issued under section 3309 of this title.
(b) The Secretary may direct the owner, charterer, managing operator, agent, master, or individual in charge of a vessel subject to inspection under this chapter and not having on board a certificate of inspection—
(1) to have the vessel proceed to mooring and remain there until a certificate of inspection is issued;
(2) to take immediate steps necessary for the safety of the vessel, individuals on board the vessel, or the environment; or
(3) to have the vessel proceed to a place to make repairs necessary to obtain a certificate of inspection.
(Pub. L. 9889, Aug. 26, 1983, 97 Stat. 515; Pub. L. 98498, title II, § 211(b), Oct. 19, 1984, 98 Stat. 2304.)
## Notes
Historical and Revision Notes Revised sectionSource section (U.S. Code) 331146:390c46:39546:399 Section 3311 prohibits the operation of a vessel subject to inspection without having on board a valid certificate of inspection.
Editorial Notes
Amendments1984—Pub. L. 98498 designated existing provisions as subsec. (a), substituted “Except as provided in subsection (b), a vessel” for “A vessel”, struck out “valid” before “certificate of inspection”, and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective DateSection effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 9889, set out as a note under section 3101 of this title.
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# 46 U.S.C. § 3312 - Display of certificate of inspection
## Text
The certificate of inspection issued to a vessel under section 3309 of this title shall be displayed, suitably framed, in a conspicuous place on the vessel. When it is not practicable to so display the certificate, it shall be carried in the manner prescribed by regulation.
(Pub. L. 9889, Aug. 26, 1983, 97 Stat. 515.)
## Notes
Historical and Revision Notes Revised sectionSource section (U.S. Code) 331246:400 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.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 9889, set out as a note under section 3101 of this title.
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# 46 U.S.C. § 3313 - Compliance with certificate of inspection
## Text
(a) During the term of a vessels certificate of inspection, the vessel must be in compliance with its conditions, unless relieved by a suspension or an exemption granted under section 3306(e) of this title.
(b) When a vessel is not in compliance with its certificate or fails to meet a standard prescribed by this part or a regulation prescribed under this part—
(1) the owner, charterer, managing operator, agent, master, or individual in charge shall be ordered in writing to correct the noted deficiencies promptly;
(2) the Secretary may permit any repairs to be made at a place most convenient to the owner, charterer, or managing operator when the Secretary decides the repairs can be made with safety to those on board and the vessel;
(3) the vessel may be required to cease operating at once; and
(4) if necessary, the certificate shall be suspended or revoked.
(c) The vessels 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.
(Pub. L. 9889, Aug. 26, 1983, 97 Stat. 515.)
## Notes
Historical and Revision Notes Revised sectionSource section (U.S. Code) 331346:390c46:391a(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.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 9889, set out as a note under section 3101 of this title.
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# 46 U.S.C. § 3314 - Expiration of certificate of inspection
## Text
(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 vessels next return to the United States.
(Pub. L. 9889, Aug. 26, 1983, 97 Stat. 516.)
## Notes
Historical and Revision Notes Revised sectionSource section (U.S. Code) 331446:36246:399 Section 3314 contains the procedures for when a vessels certificate of inspection expires while on a foreign voyage.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 9889, set out as a note under section 3101 of this title.
@@ -0,0 +1,47 @@
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# 46 U.S.C. § 3315 - Disclosure of defects and protection of informants
## Text
(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.
(Pub. L. 9889, Aug. 26, 1983, 97 Stat. 516.)
## Notes
Historical and Revision Notes Revised sectionSource section (U.S. Code) 331546:234 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.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 9889, set out as a note under section 3101 of this title.
Anonymous Safety Alert SystemPub. L. 115265, title II, § 217, Oct. 11, 2018, 132 Stat. 3752, provided that: “(a) Pilot Program.—Not later than 1 year after the date of enactment of this Act [Oct. 11, 2018], the Commandant [of the Coast Guard] shall establish an anonymous safety alert pilot program. “(b) Requirements.—The pilot program established under subsection (a) shall provide an anonymous reporting mechanism to allow crew members to communicate urgent and dire safety concerns directly and in a timely manner with the Coast Guard.”
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# 46 U.S.C. § 3316 - Classification societies
## Text
(a) Each department, agency, and instrumentality of the United States Government shall recognize the American Bureau of Shipping as its agent in classifying vessels owned by the Government and in matters related to classification, as long as the Bureau is maintained as an organization having no capital stock and paying no dividends. The Secretary and the Secretary of Transportation each shall appoint one representative (except when the Secretary is the Secretary of Transportation, in which case the Secretary shall appoint both representatives) who shall represent the Government on the executive committee of the Bureau. The Bureau shall agree that the representatives shall be accepted by it as active members of the committee. The representatives shall serve without compensation, except for necessary traveling expenses.
(b) (1) The Secretary may delegate to the American Bureau of Shipping or another classification society recognized by the Secretary as meeting acceptable standards for such a society, for a vessel documented or to be documented under chapter 121 of this title, the authority to—
(A) review and approve plans required for issuing a certificate of inspection required by this part;
(B) conduct inspections and examinations; and
(C) issue a certificate of inspection required by this part and other related documents.
(2) The Secretary may make a delegation under paragraph (1) to a foreign classification society only—
(A) to the extent that the government of the foreign country in which the society is headquartered delegates authority and provides access to the American Bureau of Shipping to inspect, certify, and provide related services to vessels documented in that country;
(B) if the foreign classification society has offices and maintains records in the United States; and
(C) if the Secretary of State determines that the foreign classification society does not provide comparable services in or for a state sponsor of terrorism.
(3) When an inspection or examination has been delegated under this subsection, the Secretarys 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.
(c) (1) A classification society (including an employee or agent of that society) may not review, examine, survey, or certify the construction, repair, or alteration of a vessel in the United States unless the society has applied for approval under this subsection and the Secretary has reviewed and approved that society with respect to the conduct of that society under paragraph (2).
(2) The Secretary may approve a person for purposes of paragraph (1) only if the Secretary determines that—
(A) the vessels surveyed by the person while acting as a classification society have an adequate safety record; and
(B) the person has an adequate program to—
(i) develop and implement safety standards for vessels surveyed by the person;
(ii) make the safety records of the person available to the Secretary in an electronic format;
(iii) provide the safety records of a vessel surveyed by the person to any other classification society that requests those records for the purpose of conducting a survey of the vessel; and
(iv) request the safety records of a vessel the person will survey from any classification society that previously surveyed the vessel.
(d) (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 United States offshore facility, the authority to—
(A) review and approve plans required for issuing a certificate of inspection, a certificate of compliance, or any other certification and related documents issued by the Coast Guard pursuant to regulations issued under section 30 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356); and
(B) conduct inspections and examinations.
(2) The Secretary may make a delegation under paragraph (1) to a foreign classification society only if—
(A) the foreign society has offices and maintains records in the United States;
(B) (i) the government of the foreign country in which the foreign society is headquartered—
(I) delegates that authority to the American Bureau of Shipping; or
(II) does not delegate that authority to any classification society; or
(ii) the Secretary has entered into an agreement with the government of the foreign country in which the foreign society is headquartered that—
(I) ensures the government of the foreign country will accept plan review, inspections, or examinations conducted by the American Bureau of Shipping and provide equivalent access to inspect, certify, and provide related services to offshore facilities located in that country or operating under the authority of that country; and
(II) is in full accord with principles of reciprocity in regards to any delegation contemplated by the Secretary under paragraph (1); and
(C) the Secretary of State determines that the foreign classification society does not provide comparable services in or for a state sponsor of terrorism.
(3) If an inspection or examination is conducted under authority delegated under this subsection, the person to which the authority was delegated—
(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 United States offshore facility 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.
(4) For purposes of this subsection—
(A) the term “offshore facility” means any installation, structure, or other device (including any vessel not documented under chapter 121 of this title or the laws of another country), fixed or floating, that dynamically holds position or is temporarily or permanently attached to the seabed or subsoil under the sea; and
(B) the term “United States offshore facility” means any offshore facility, fixed or floating, that dynamically holds position or is temporarily or permanently attached to the seabed or subsoil under the territorial sea of the United States or the outer Continental Shelf (as that term is defined in section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331)), including any vessel, rig, platform, or other vehicle or structure subject to regulation under section 30 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356).
(5) Clarification on authority.— Nothing in this subsection authorizes the Secretary to make a delegation under paragraph (2) to a classification society from the Peoples Republic of China.
(e) The Secretary shall revoke a delegation made to a classification society under subsection (b) or (d) if the Secretary of State determines that the classification society provides comparable services in or for a state sponsor of terrorism.
(f) (1) Upon request of an owner or operator of an offshore supply vessel, the Secretary shall delegate the authorities set forth in paragraph (1) of subsection (b) with respect to such vessel to a classification society to which a delegation is authorized under that paragraph. A delegation by the Secretary under this subsection shall be used for any vessel inspection and examination function carried out by the Secretary, including the issuance of certificates of inspection and all other related documents.
(2) If the Secretary determines that a certificate of inspection or related document issued under authority delegated under paragraph (1) of this subsection with respect to a vessel has reduced the operational safety of that vessel, the Secretary may terminate the certificate or document, respectively.
(3) Not later than 2 years after the date of the enactment of the Howard Coble Coast Guard and Maritime Transportation Act of 2014, and for each year of the subsequent 2-year period, the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing—
(A) the number of vessels for which a delegation was made under paragraph (1);
(B) any savings in personnel and operational costs incurred by the Coast Guard that resulted from the delegations; and
(C) based on measurable marine casualty and other data, any impacts of the delegations on the operational safety of vessels for which the delegations were made, and on the crew on those vessels.
(g) (1) There shall be within the Coast Guard an office that conducts comprehensive and targeted oversight of all recognized organizations that act on behalf of the Coast Guard.
(2) The staff of the office shall include subject matter experts, including inspectors, investigators, and auditors, who possess the capability and authority to audit all aspects of such recognized organizations.
(3) In this subsection the term “recognized organization” has the meaning given that term in section 2.451 of title 46, Code of Federal Regulations, as in effect on the date of the enactment of the Hamm Alert Maritime Safety Act of 2018.
(h) In this section, the term “state sponsor of terrorism” means any country the government of which the Secretary of State has determined has repeatedly provided support for acts of international terrorism pursuant to section 6(j) 11 See References in Text note below. of the Export Administration Act of 1979 (as continued in effect under the International Emergency Economic Powers Act), section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or any other provision of law.
(Pub. L. 9889, Aug. 26, 1983, 97 Stat. 516; Pub. L. 104324, title VI, § 607(a), (b)(1), Oct. 19, 1996, 110 Stat. 3931, 3932; Pub. L. 108293, title IV, § 413(a), Aug. 9, 2004, 118 Stat. 1046; Pub. L. 111281, title VI, § 622, Oct. 15, 2010, 124 Stat. 2978; Pub. L. 112213, title III, § 304, Dec. 20, 2012, 126 Stat. 1563; Pub. L. 113281, title III, § 315, Dec. 18, 2014, 128 Stat. 3050; Pub. L. 115265, title II, § 215(a), Oct. 11, 2018, 132 Stat. 3751; Pub. L. 11960, div. G, title LXXIII, § 7346, Dec. 18, 2025, 139 Stat. 1778.)
## Notes
Historical and Revision Notes Revised sectionSource section (U.S. Code) 331646:9 (less (c))46:36946:881 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.
Editorial Notes
References in TextThe date of the enactment of the Howard Coble Coast Guard and Maritime Transportation Act of 2014, referred to in subsec. (f)(3), is the date of enactment of Pub. L. 113281, which was approved Dec. 18, 2014. The date of the enactment of the Hamm Alert Maritime Safety Act of 2018, referred to in subsec. (g)(3), is the date of enactment of Pub. L. 115265, which was approved Oct. 11, 2018. Section 6(j) of the Export Administration Act of 1979, referred to in subsec. (h), was classified to section 4605(j) of Title 50, War and National Defense, prior to repeal by Pub. L. 115232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. The International Emergency Economic Powers Act, referred to in subsec. (h), is title II of Pub. L. 95223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (§ 1701 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 50 and Tables. Section 620A of the Foreign Assistance Act of 1961, referred to in subsec. (h), is classified to section 2371 of Title 22, Foreign Relations and Intercourse. Section 40 of the Arms Export Control Act, referred to in subsec. (h), is classified to section 2780 of Title 22, Foreign Relations and Intercourse.
Amendments2025—Subsec. (d)(2)(B)(i). Pub. L. 11960, § 7346(1), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “the government of the foreign country in which the foreign society is headquartered delegates that authority to the American Bureau of Shipping; or”. Subsec. (d)(5). Pub. L. 11960, § 7346(2), added par. (5). 2018—Subsecs. (g), (h). Pub. L. 115265 added subsec. (g) and redesignated former subsec. (g) as (h). 2014—Subsecs. (f), (g). Pub. L. 113281 added subsec. (f) and redesignated former subsec. (f) as (g). 2012—Subsec. (b)(2)(C). Pub. L. 112213, § 304(1), added subpar. (C). Subsec. (d)(2)(C). Pub. L. 112213, § 304(2), added subpar. (C). Subsecs. (e), (f). Pub. L. 112213, § 304(3), added subsecs. (e) and (f). 2010—Subsec. (c). Pub. L. 111281, § 622(b), added par. (1) and struck out former par. (1) which read as follows: “A classification society (including an employee or agent of that society) may not review, examine, survey, or certify the construction, repair, or alteration of a vessel in the United States unless— “(A) the society has applied for approval under this subsection and the Secretary has reviewed and approved that society with respect to the conduct of that society under paragraph (2); or “(B) the society is a full member of the International Association of Classification Societies.” Subsec. (d). Pub. L. 111281, § 622(a), added subsec. (d). 2004—Subsec. (c). Pub. L. 108293 added subsec. (c). 1996—Pub. L. 104324, § 607(b)(1), substituted “Classification societies” for “United States classification societies” in section catchline. Subsec. (a). Pub. L. 104324, § 607(a)(3), which directed the substitution of “American Bureau of Shipping” for “Bureau”, was executed by making the substitution the first place appearing, to reflect the probable intent of Congress. Pub. L. 104324, § 607(a)(1), (2), redesignated subsec. (b) as (a) and struck out former subsec. (a) which read as follows: “In carrying out this part, the Secretary may rely on reports, documents, and certificates issued by the American Bureau of Shipping or a similar United States classification society, or an agent of the Bureau or society.” Subsec. (b). Pub. L. 104324, § 607(a)(2), (4), redesignated subsec. (c) as (b), added pars. (1) and (2), redesignated former par. (2) as (3), and struck out former par. (1) which read as follows: “To the maximum extent practicable, the Secretary may delegate to the Bureau or a similar United States classification society, or an agent of the Bureau or society, the inspection or examination, in the United States or in a foreign country, of a vessel documented or to be documented as a vessel of the United States. The Bureau, society, or agent may issue the certificate of inspection required by this part and other certificates essential to documentation.” Former subsec. (b) redesignated (a). Subsec. (c). Pub. L. 104324, § 607(a)(2), redesignated subsec. (c) as (b). Subsec. (d). Pub. L. 104324, § 607(a)(1), struck out subsec. (d) which read as follows: “The Secretary also may make an agreement with or use the Bureau or a similar United States classification society, or an agent of the Bureau or society, for reviewing and approving plans required for issuing a certificate of inspection.”
Statutory Notes and Related Subsidiaries
Effective Date of 2004 AmendmentPub. L. 108293, title IV, § 413(b), Aug. 9, 2004, 118 Stat. 1046, provided that: “Section 3316(c)(1) of title 46, United States Code, shall apply with respect to operation as a classification society on or after January 1, 2005.”
Effective DateSection effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 9889, set out as a note under section 3101 of this title.
Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Deadline for Establishment of Recognized Organization Oversight OfficePub. L. 115265, title II, § 215(b), Oct. 11, 2018, 132 Stat. 3751, provided that: “The Commandant of the Coast Guard shall establish the office required by the amendment made by subsection (a) [amending this section] by not later than 2 years after the date of the enactment of this Act [Oct. 11, 2018].”
Review of Authorities Delegated to Recognized Organizations for Alternative Compliance ProgramPub. L. 115265, title II, § 219, Oct. 11, 2018, 132 Stat. 3752, provided that: “(a) In General.—Not later than 1 year after the date of the enactment of this Act [Oct. 11, 2018], the Commandant [of the Coast Guard] shall review the authorities that have been delegated to recognized organizations for the alternative compliance program as described in subpart D of part 8 of title 46, Code of Federal Regulations, and, if necessary, revise or establish policies and procedures to ensure those delegated authorities are being conducted in a manner to ensure safe maritime transportation. “(b) Briefing.—Not later than 1 year after the date of the enactment of this Act, the Commandant shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the implementation of subsection (a).” [For definition of “recognized organizations” as used in section 219 of Pub. L. 115265, set out above, see section 203 of Pub. L. 115265, set out as a note under section 2101 of this title.]
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# 46 U.S.C. § 3317 - Fees
## Text
(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 operations and support of the Coast Guard.
(Pub. L. 9889, Aug. 26, 1983, 97 Stat. 517; Pub. L. 102587, title V, § 5211, Nov. 4, 1992, 106 Stat. 5076; Pub. L. 116283, div. G, title LVXXXV [LXXXV], § 8513(b), Jan. 1, 2021, 134 Stat. 4761.)
## Notes
Historical and Revision Notes Revised sectionSource section (U.S. Code) 331746:390a(b)46:382b1 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.
Editorial Notes
Amendments2021—Subsec. (b). Pub. L. 116283 substituted “operations and support” for “operating expenses”. 1992—Subsec. (b). Pub. L. 102587 substituted “under this part of a documented vessel or a foreign vessel” for “under this chapter of a documented vessel”.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 9889, set out as a note under section 3101 of this title.
Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
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# 46 U.S.C. § 3318 - Penalties
## Text
(a) Except as otherwise provided in this part, the owner, charterer, managing operator, agent, master, or individual in charge of a vessel operated in violation of this part or a regulation prescribed under this part, and a person violating a regulation that applies to a small passenger vessel, freight vessel of less than 100 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title, or sailing school vessel, are liable to the United States Government for a civil penalty of not more than $5,000. The vessel also is liable in rem for the penalty.
(b) (1) A person that knowingly manufactures, sells, offers for sale, or possesses with intent to sell, any equipment subject to this part, and the equipment is so defective as to be insufficient to accomplish the purpose for which it is intended, commits a class D felony.
(2) A person commits a class D felony if the person—
(A) alters or services lifesaving, fire safety, or any other equipment subject to this part for compensation; and
(B) by that alteration or servicing, intentionally renders that equipment unsafe and unfit for the purpose for which it is intended.
(c) A person that employs a means or device whereby a boiler may be subjected to a pressure greater than allowed by the terms of the vessels certificate of inspection commits a class D felony.
(d) A person that deranges or hinders the operation of any machinery or device employed on a vessel to denote the state of steam or water in any boiler or to give warning of approaching danger, or permits the water level of any boiler when in operation of a vessel to fall below its prescribed low-water line, commits a class D felony.
(e) A person that alters, defaces, obliterates, removes, or destroys any plans or specifications required by and approved under a regulation prescribed under section 3306 of this title, with intent to deceive or impede any official of the United States in carrying out that officials duties, commits a class A misdemeanor.
(f) A person commits a class D felony if the person—
(1) forges or counterfeits with intent to make it appear genuine any mark or stamp prescribed for material to be tested and approved under section 3306 of this title or a regulation prescribed under section 3306;
(2) knowingly uses, affixes, or causes to be used or affixed, any such forged or counterfeited mark or stamp to or on material of any description;
(3) with fraudulent intent, possesses any such mark, stamp, or other device knowing it to be forged or counterfeited; or
(4) with fraudulent intent, marks or causes to be marked with the trademark or name of another, material required to be tested and approved under section 3306 of this title or a regulation prescribed under section 3306.
(g) A person is liable to the Government for a civil penalty of not more than $5,000, if the person—
(1) interferes with the inspection of a nautical school vessel;
(2) violates a regulation prescribed for a nautical school vessel;
(3) is an owner of a nautical school vessel operated in violation of this part; or
(4) is an officer or member of the board of directors of a school, organization, association, partnership, or corporation owning a nautical school vessel operated in violation of a regulation prescribed for a nautical school vessel.
(h) An owner, charterer, managing operator, agent, master, or individual in charge of a vessel that fails to give the notice required by section 3304(b) of this title is liable to the Government for a civil penalty of not more than $1,000. The vessel also is liable in rem for the penalty.
(i) A person violating section 3309(c) of this title is liable to the Government for a civil penalty of not more than $1,000.
(j) (1) An owner, charterer, managing operator, agent, master, or individual in charge of a vessel required to be inspected under this chapter operating the vessel without the certificate of inspection is liable to the Government for a civil penalty of not more than $10,000 for each day during which the violation occurs, except when the violation involves operation of a vessel of less than 1,600 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title, the penalty is not more than $2,000 for each day during which the violation occurs. The vessel also is liable in rem for the penalty.
(2) A person is not liable for a penalty under this subsection if—
(A) the owner, charterer, managing operator, agent, master, or individual in charge of the vessel has notified the Secretary under section 3309(c) of this title;
(B) the owner, charterer, managing operator, agent, master, or individual in charge of the vessel has complied with all other directions and requirements for obtaining an inspection under this part; and
(C) the Secretary believes that unforeseen circumstances exist so that it is not feasible to conduct a scheduled inspection before the expiration of the certificate of inspection.
(k) The owner, charterer, managing operator, agent, master, or individual in charge of a vessel failing to comply with a direction issued by the Secretary under section 3311(b) of this title is liable to the Government for a civil penalty of not more than $10,000 for each day during which the violation occurs. The vessel also is liable in rem for the penalty.
(l) A person committing an act described by subsections (b)(f) of this section is liable to the Government for a civil penalty of not more than $5,000. If the violation involves the operation of a vessel, the vessel also is liable in rem for the penalty.
(Pub. L. 9889, Aug. 26, 1983, 97 Stat. 517; Pub. L. 98498, title II, § 211(c), Oct. 19, 1984, 98 Stat. 2304; Pub. L. 99307, § 1(6), May 19, 1986, 100 Stat. 445; Pub. L. 101380, title IV, § 4302(b), Aug. 18, 1990, 104 Stat. 538; Pub. L. 104324, title III, § 310, title VII, § 713, Oct. 19, 1996, 110 Stat. 3919, 3936; Pub. L. 109304, § 15(13), Oct. 6, 2006, 120 Stat. 1703.)
## Notes
Historical and Revision Notes Revised sectionSource section (U.S. Code) 331846:369(e)46:390d46:39846:40346:40746:40846:41046:41346:43646:481(d)46:1295f(d)(2), (3) Section 3318 provides for a number of specific civil and criminal penalties.
Editorial Notes
Amendments2006—Subsec. (f). Pub. L. 109304 struck out period after “felony”. 1996—Subsec. (a). Pub. L. 104324, § 713(1), inserted “as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title” after “100 gross tons”. Subsec. (b)(1). Pub. L. 104324, § 310, designated existing provisions as par. (1) and added par. (2). Subsec. (j)(1). Pub. L. 104324, § 713(2), inserted “as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title” after “1,600 gross tons”. 1990—Subsec. (b). Pub. L. 101380, § 4302(b)(1), substituted “commits a class D felony” for “shall be fined not more than $10,000, imprisoned for not more than 5 years, or both”. Subsec. (c). Pub. L. 101380, § 4302(b)(2), substituted “commits a class D felony” for “shall be fined not more than $5,000, imprisoned for not more than 5 years, or both”. Subsec. (d). Pub. L. 101380, § 4302(b)(3), substituted “commits a class D felony” for “shall be fined not more than $5,000, imprisoned for not more than 5 years, or both”. Subsec. (e). Pub. L. 101380, § 4302(b)(4), substituted “commits a class A misdemeanor” for “shall be fined not more than $10,000, imprisoned for not more than 2 years, or both”. Subsec. (f). Pub. L. 101380, § 4302(b)(5), substituted “commits a class D felony.” for “shall be fined not less than $1,000 but not more than $10,000, and imprisoned for not less than 2 years but not more than 5 years,”. 1986—Subsec. (f). Pub. L. 99307 in provision preceding par. (1) substituted “than” for “then” in two places. 1984—Subsec. (a). Pub. L. 98498, § 211(c)(1), substituted “Except as otherwise provided in this part, the” for “The” and “not more than $5,000” for “$1,000, except that when the violation involves operation of a barge, the penalty is $500”. Subsec. (c). Pub. L. 98498, § 211(c)(2), substituted “$5,000” for “$2,000”. Subsec. (d). Pub. L. 98498, § 211(c)(3), substituted “$5,000” for “$2,000”. Subsec. (e). Pub. L. 98498, § 211(c)(4), substituted “$10,000” for “$2,000”. Subsec. (f). Pub. L. 98498, § 211(c)(5), substituted “$10,000” for “$5,000”. Subsec. (g). Pub. L. 98498, § 211(c)(6), substituted “is liable to the Government for a civil penalty of not more than $5,000” for “shall be fined not more than $10,000, imprisoned for not more than one year, or both”. Subsec. (h). Pub. L. 98498, § 211(c)(7), substituted “Government for a civil penalty of not more than $1,000.” for “United States Government for a civil penalty of not more than $500.” Subsecs. (i) to (l). Pub. L. 98498, § 211(c)(8), added subsecs. (i) to (l).
Statutory Notes and Related Subsidiaries
Effective Date of 1990 AmendmentAmendment by Pub. L. 101380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters.
Effective DateSection effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 9889, set out as a note under section 3101 of this title.