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2026-07-06 10:51:44 -04:00

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LegalText 46 U.S.C. § 3202 Application us united_states_code code_section 46 SHIPPING 32 MANAGEMENT OF VESSELS 3202 46 U.S.C. § 3202 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc46@119-100.zip /us/usc/t46/s3202 data/legal/raw/us/code/title-46/usc46.xml 791a042af8fd89f6badf2f9e2cbded2a04a1408bae92c8ffe6f484f858b73f37 eb1331aa3c08ed87231a3606d86b30d1b5942cdf8542f6a3df8ac1d66e86057f 245694e1da20a33790331eec1bec5aace57d4dfd067c2db9febb8405742f5c06 2026-07-04 official
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46 U.S.C. § 3202 - Application

Text

(a) Foreign Voyages and Foreign Vessels.— This chapter applies to a vessel that—

(1) (A) is transporting more than 12 passengers described in section 2101(31)(A) of this title; or

(B) is of at least 500 gross tons as measured under section 14302 of this title and is a tanker, freight vessel, bulk freight vessel, high speed freight vessel, or self-propelled mobile offshore drilling unit; and

(2) (A) is engaged on a foreign voyage; or

(B) is a foreign vessel departing from a place under the jurisdiction of the United States on a voyage, any part of which is on the high seas.

(b) Other Passenger Vessels.— (1) In general.— This chapter applies to a vessel that is—

(A) a passenger vessel or small passenger vessel; and

(B) is transporting more passengers than a number prescribed by the Secretary based on the number of individuals on the vessel that could be killed or injured in a marine casualty.

(2) Safety management system.— Notwithstanding any other provision in this chapter, including paragraph (1)(B), any regulations under section 3203, including the safety management system established by such regulations, issued on or after the date of enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020, shall apply to all covered small passenger vessels, as defined in section 3306(n)(5).

(c) Voluntary Application.— This chapter applies to a vessel not described in subsection (a) of this section if the owner of the vessel requests the Secretary to apply this chapter to the vessel.

(d) Exception.— Except as provided in subsection (c) of this section, this chapter does not apply to—

(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 that is not described in subsection (b) of this section; or

(5) a public vessel.

(Added Pub. L. 104324, title VI, § 602(a), Oct. 19, 1996, 110 Stat. 3928; amended Pub. L. 108293, title IV, § 405(a), Aug. 9, 2004, 118 Stat. 1043; Pub. L. 111281, title VI, § 610(a), Oct. 15, 2010, 124 Stat. 2969; Pub. L. 115232, div. C, title XXXV, § 3541(b)(8), Aug. 13, 2018, 132 Stat. 2323; Pub. L. 116283, div. G, title LVXXXIV [LXXXIV], § 8441(b), Jan. 1, 2021, 134 Stat. 4744; Pub. L. 11960, div. G, title LXXIII, § 7301(k)(1)(C), Dec. 18, 2025, 139 Stat. 1759.)

Notes

Editorial Notes

References in TextThe date of enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020, referred to in subsec. (b)(2), is the date of enactment of div. G of Pub. L. 116283, which was approved Jan. 1, 2021.

Amendments2025—Subsec. (a)(1)(A). Pub. L. 11960 substituted “section 2101(31)(A)” for “section 2101(29)(A)”. 2021—Subsec. (b). Pub. L. 116283 designated existing provisions as par. (1) and inserted heading, redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1) and realigned margins, and added par. (2). 2018—Subsec. (a)(1)(A). Pub. L. 115232 substituted “section 2101(29)(A)” for “section 2101(21)(A)”. 2010—Subsec. (a). Pub. L. 111281, § 610(a)(1), substituted “Foreign Voyages and Foreign Vessels.—” for “Mandatory Application.—” in heading. Subsecs. (b) to (d). Pub. L. 111281, § 610(a)(2)(4), added subsec. (b), redesignated former subsecs. (b) and (c) as (c) and (d), respectively, and, in introductory provisions of subsec. (d), substituted “subsection (c)” for “subsection (b)”. Subsec. (d)(4). Pub. L. 111281, § 610(a)(5), inserted “that is not described in subsection (b) of this section” after “connecting waters”. 2004—Subsec. (a). Pub. L. 108293 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “This chapter applies to the following vessels engaged on a foreign voyage: “(1) Beginning July 1, 1998— “(A) a vessel transporting more than 12 passengers described in section 2101(21)(A) of this title; and “(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.”