Part A—General Provisions
Historical and Revision Notes
Part A contains general provisions that apply throughout the subtitle and provisions that apply generally to the operation of all vessels.
CHAPTER 21 —GENERAL
Historical and Revision Notes
Editorial Notes
Amendments
2010—
2008—
1996—
1990—
1984—
§2101. General definitions
In this subtitle—
(1) "associated equipment"—
(A) means—
(i) a system, accessory, component, or appurtenance of a recreational vessel; or
(ii) a marine safety article intended for use on board a recreational vessel; but
(B) with the exception of emergency locator beacons for recreational vessels operating beyond 3 nautical miles from the baselines from which the territorial sea of the United States is measured or beyond 3 nautical miles from the coastline of the Great Lakes, does not include radio equipment.
(2) "Coast Guard" means the organization established and continued under section 1 1 of title 14.
(3) "Commandant" means the Commandant of the Coast Guard.
(4) "commercial service" includes any type of trade or business involving the transportation of goods or individuals, except service performed by a combatant vessel.
(5) "consideration" means an economic benefit, inducement, right, or profit including pecuniary payment accruing to an individual, person, or entity, but not including a voluntary sharing of the actual expenses of the voyage, by monetary contribution or donation of fuel, food, beverage, or other supplies.
(6) "crude oil" means a liquid hydrocarbon mixture occurring naturally in the earth, whether or not treated to render it suitable for transportation, and includes crude oil from which certain distillate fractions may have been removed, and crude oil to which certain distillate fractions may have been added.
(7) "crude oil tanker" means a tanker engaged in the trade of carrying crude oil.
(8) "dangerous drug" means a narcotic drug, a controlled substance, or a controlled substance analog (as defined in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (
(9) "discharge", when referring to a substance discharged from a vessel, includes spilling, leaking, pumping, pouring, emitting, emptying, or dumping, however caused.
(10) "ferry" means a vessel that is used on a regular schedule—
(A) to provide transportation only between places that are not more than 300 miles apart; and
(B) to transport only—
(i) passengers; or
(ii) vehicles, or railroad cars, that are being used, or have been used, in transporting passengers or goods.
(11) "fish" means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life, except marine mammals and birds.
(12) "fishing vessel" means a vessel that commercially engages in the catching, taking, or harvesting of fish or an activity that can reasonably be expected to result in the catching, taking, or harvesting of fish.
(13) "fish processing vessel" means a vessel that commercially prepares fish or fish products other than by gutting, decapitating, gilling, skinning, shucking, icing, freezing, or brine chilling.
(14) "fish tender vessel" means a vessel that commercially supplies, stores, refrigerates, or transports fish, fish products, or materials directly related to fishing or the preparation of fish to or from a fishing, fish processing, or fish tender vessel or a fish processing facility.
(15) "freight vessel" means a motor vessel of more than 15 gross tons as measured under
(16) "Great Lakes barge" means a non-self-propelled vessel of at least 3,500 gross tons as measured under
(17) "hazardous material" means a liquid material or substance that is—
(A) flammable or combustible;
(B) designated a hazardous substance under section 311(b) of the Federal Water Pollution Control Act (
(C) designated a hazardous material under
(18) "major conversion" means a conversion of a vessel that—
(A) substantially changes the dimensions or carrying capacity of the vessel;
(B) changes the type of the vessel;
(C) substantially prolongs the life of the vessel; or
(D) otherwise so changes the vessel that it is essentially a new vessel, as decided by the Secretary.
(19) "marine environment" means—
(A) the navigable waters of the United States and the land and resources in and under those waters;
(B) the waters and fishery resources of an area over which the United States asserts exclusive fishery management authority;
(C) the seabed and subsoil of the outer Continental Shelf of the United States, the resources of the Shelf, and the waters superjacent to the Shelf; and
(D) the recreational, economic, and scenic values of the waters and resources referred to in subclauses (A)–(C) of this clause.
(20) "mobile offshore drilling unit" means a vessel capable of engaging in drilling operations for the exploration or exploitation of subsea resources.
(21) "motor vessel" means a vessel propelled by machinery other than steam.
(22) "nautical school vessel" means a vessel operated by or in connection with a nautical school or an educational institution under
(23) "navigable waters of the United States" includes all waters of the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988.
(24) "oceanographic research vessel" means a vessel that the Secretary finds is being employed only in instruction in oceanography or limnology, or both, or only in oceanographic or limnological research, including studies about the sea such as seismic, gravity meter, and magnetic exploration and other marine geophysical or geological surveys, atmospheric research, and biological research.
(25) "offshore supply vessel" means a motor vessel that regularly carries goods, supplies, individuals in addition to the crew, or equipment in support of exploration, exploitation, or production of offshore mineral or energy resources.
(26) "oil" includes oil of any type or in any form, including petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes except dredged spoil.
(27) "oil spill response vessel" means a vessel that is designated in its certificate of inspection as such a vessel, or that is adapted to respond to a discharge of oil or a hazardous material.
(28) "overall in length" means—
(A) for a foreign vessel or a vessel engaged on a foreign voyage, the greater of—
(i) 96 percent of the length on a waterline at 85 percent of the least molded depth measured from the top of the keel (or on a vessel designed with a rake of keel, on a waterline parallel to the designed waterline); or
(ii) the length from the fore side of the stem to the axis of the rudder stock on that waterline; and
(B) for any other vessel, the horizontal distance of the hull between the foremost part of the stem and the aftermost part of the stern, excluding fittings and attachments.
(29) "passenger"—
(A) means an individual carried on the vessel except—
(i) the owner or an individual representative of the owner or, in the case of a vessel under charter, an individual charterer or individual representative of the charterer;
(ii) the master; or
(iii) a member of the crew engaged in the business of the vessel who has not contributed consideration for carriage and who is paid for on board services;
(B) on an offshore supply vessel, means an individual carried on the vessel except—
(i) an individual included in clause (i), (ii), or (iii) of subparagraph (A) of this paragraph;
(ii) an employee of the owner, or of a subcontractor to the owner, engaged in the business of the owner;
(iii) an employee of the charterer, or of a subcontractor to the charterer, engaged in the business of the charterer; or
(iv) an individual employed in a phase of exploration, exploitation, or production of offshore mineral or energy resources served by the vessel;
(C) on a fishing vessel, fish processing vessel, or fish tender vessel, means an individual carried on the vessel except—
(i) an individual included in clause (i), (ii), or (iii) of subparagraph (A) of this paragraph;
(ii) a managing operator;
(iii) an employee of the owner, or of a subcontractor to the owner, engaged in the business of the owner;
(iv) an employee of the charterer, or of a subcontractor to the charterer, engaged in the business of the charterer; or
(v) an observer or sea sampler on board the vessel pursuant to a requirement of State or Federal law; or
(D) on a sailing school vessel, means an individual carried on the vessel except—
(i) an individual included in clause (i), (ii), or (iii) of subparagraph (A) of this paragraph;
(ii) an employee of the owner of the vessel engaged in the business of the owner, except when the vessel is operating under a demise charter;
(iii) an employee of the demise charterer of the vessel engaged in the business of the demise charterer; or
(iv) a sailing school instructor or sailing school student.
(30) "passenger for hire" means a passenger for whom consideration is contributed as a condition of carriage on the vessel, whether directly or indirectly flowing to the owner, charterer, operator, agent, or any other person having an interest in the vessel.
(31) "passenger vessel" means a vessel of at least 100 gross tons as measured under
(A) carrying more than 12 passengers, including at least one passenger for hire;
(B) that is chartered and carrying more than 12 passengers;
(C) that is a submersible vessel carrying at least one passenger for hire; or
(D) that is a ferry carrying a passenger.
(32) "product carrier" means a tanker engaged in the trade of carrying oil except crude oil.
(33) "public vessel" means a vessel that—
(A) is owned, or demise chartered, and operated by the United States Government or a government of a foreign country; and
(B) is not engaged in commercial service.
(34) "recreational vessel" means a vessel—
(A) being manufactured or operated primarily for pleasure; or
(B) leased, rented, or chartered to another for the latter's pleasure.
(35) "recreational vessel manufacturer" means a person engaged in the manufacturing, construction, assembly, or importation of recreational vessels, components, or associated equipment.
(36) "riding gang member" means an individual who—
(A) has not been issued a merchant mariner document under
(B) does not perform—
(i) watchstanding, automated engine room duty watch, or personnel safety functions; or
(ii) cargo handling functions, including any activity relating to the loading or unloading of cargo, the operation of cargo-related equipment (whether or not integral to the vessel), and the handling of mooring lines on the dock when the vessel is made fast or let go;
(C) does not serve as part of the crew complement required under section 8101;
(D) is not a member of the steward's department; and
(E) is not a citizen or temporary or permanent resident of a country designated by the United States as a sponsor of terrorism or any other country that the Secretary, in consultation with the Secretary of State and the heads of other appropriate United States agencies, determines to be a security threat to the United States.
(37) "sailing instruction" means teaching, research, and practical experience in operating vessels propelled primarily by sail and may include—
(A) any subject related to that operation and to the sea, including seamanship, navigation, oceanography, other nautical and marine sciences, and maritime history and literature; and
(B) only when in conjunction with a subject referred to in subclause (A) of this clause, instruction in mathematics and language arts skills to sailing school students having learning disabilities.
(38) "sailing school instructor" means an individual who is on board a sailing school vessel to provide sailing instruction, but does not include an operator or crewmember who is among those required to be on board the vessel to meet a requirement established under part F of this subtitle.
(39) "sailing school student" means an individual who is on board a sailing school vessel to receive sailing instruction.
(40) "sailing school vessel" means a vessel—
(A) that is less than 500 gross tons as measured under
(B) carrying more than 6 individuals who are sailing school instructors or sailing school students;
(C) principally equipped for propulsion by sail, even if the vessel has an auxiliary means of propulsion; and
(D) owned or demise chartered, and operated by an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 (
(41)(A) Subject to subparagraph (B), "scientific personnel" means individuals on board an oceanographic research vessel only to engage in scientific research, or to instruct or receive instruction in oceanography or limnology.
(B)(i) Such term includes an individual who is on board an oceanographic research vessel only to—
(I) engage in scientific research;
(II) instruct in oceanography or limnology; or
(III) receive instruction in oceanography or limnology.
(ii) For purposes of clause (i), the age of an individual may not be considered in determining whether the individual is described in such clause.
(42) "seagoing barge" means a non-self-propelled vessel of at least 100 gross tons as measured under
(43) "seagoing motor vessel" means a motor vessel of at least 300 gross tons as measured under
(44) "Secretary" means the Secretary of the department in which the Coast Guard is operating.
(45) "sexual assault" means any form of abuse or contact as defined in
(46) "sexual harassment" means—
(A) conduct that—
(i) involves unwelcome sexual advances, requests for sexual favors, or deliberate or repeated offensive comments or gestures of a sexual nature if any—
(I) submission to such conduct is made either explicitly or implicitly a term or condition of employment, pay, career, benefits, or entitlements of the individual;
(II) submission to, or rejection, of such conduct by an individual is used as a basis for decisions affecting that individual's job, pay, career, benefits, or entitlements;
(III) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creates an intimidating, hostile, or offensive work environment; or
(IV) conduct may have been by an individual's supervisor, a supervisor in another area, a co-worker, or another credentialed mariner; and
(ii) is so severe or pervasive that a reasonable person would perceive, and the victim does perceive, the environment as hostile or offensive;
(B) any use or condonation associated with first-hand or personal knowledge, by any individual in a supervisory or command position, of any form of sexual behavior to control, influence, or affect the career, pay, benefits, entitlements, or employment of a subordinate; and
(C) any intentional or repeated unwelcome verbal comment or gesture of a sexual nature towards or about an individual by the individual's supervisor, a supervisor in another area, a coworker, or another credentialed mariner.
(47) "small passenger vessel" means a wing-in-ground craft, regardless of tonnage, carrying at least one passenger for hire, and a vessel of less than 100 gross tons as measured under
(A) carrying more than 6 passengers, including at least one passenger for hire;
(B) that is chartered with the crew provided or specified by the owner or the owner's representative and carrying more than 6 passengers;
(C) that is chartered with no crew provided or specified by the owner or the owner's representative and carrying more than 12 passengers;
(D) that is a submersible vessel carrying at least one passenger for hire; or
(E) that is a ferry carrying more than 6 passengers.
(48) "steam vessel" means a vessel propelled in whole or in part by steam, except a recreational vessel of not more than 40 feet in length.
(49) "submersible vessel" means a vessel that is capable of operating below the surface of the water.
(50) "tanker" means a self-propelled tank vessel constructed or adapted primarily to carry oil or hazardous material in bulk in the cargo spaces.
(51) "tank vessel" means a vessel that is constructed or adapted to carry, or that carries, oil or hazardous material in bulk as cargo or cargo residue, and that—
(A) is a vessel of the United States;
(B) operates on the navigable waters of the United States; or
(C) transfers oil or hazardous material in a port or place subject to the jurisdiction of the United States.
(52) "towing vessel" means a commercial vessel engaged in or intending to engage in the service of pulling, pushing, or hauling along side, or any combination of pulling, pushing, or hauling along side.
(53) "uninspected passenger vessel" means an uninspected vessel—
(A) of at least 100 gross tons as measured under
(i) carrying not more than 12 passengers, including at least one passenger for hire; or
(ii) that is chartered with the crew provided or specified by the owner or the owner's representative and carrying not more than 12 passengers; and
(B) of less than 100 gross tons as measured under
(i) carrying not more than 6 passengers, including at least one passenger for hire; or
(ii) that is chartered with the crew provided or specified by the owner or the owner's representative and carrying not more than 6 passengers.
(54) "uninspected vessel" means a vessel not subject to inspection under
(55) "vessel of war" means a vessel—
(A) belonging to the armed forces of a country;
(B) bearing the external marks distinguishing vessels of war of that country;
(C) under the command of an officer commissioned by the government of that country and whose name appears in the appropriate service list or its equivalent; and
(D) staffed by a crew under regular armed forces discipline.
(56) "wing-in-ground craft" means a vessel that is capable of operating completely above the surface of the water on a dynamic air cushion created by aerodynamic lift due to the ground effect between the vessel and the water's surface.
(
Historical and Revision Notes
A number of definitions are provided because of the need to define jurisdictional and applicability limits of various sections to the many types and classes of vessels.
| Revised section | Source section (U.S. Code) |
|---|---|
| 2101(1) | 46:1452(8) |
| 2101(2) | .............................................. |
| 2101(3) | .............................................. |
| 2101(4) | 14:1 |
| 2101(5) | 46:391a(2)(H) |
| 2101(6) | .............................................. |
| 2101(7) | 46:391a(2)(S) |
| 2101(8) | 46:391a(2)(N) |
| 2101(9) | 46:391a(2)(A) |
| 2101(10) | 46:65(1) |
| 2101(11) | 46:65(2) |
| 2101(12) | 46:391a(2)(B) 46:597 46:599 |
| 2101(13) | 46:404 46:390(e) |
| 2101(14) | 46:391a(2)(C) |
| 2101(15) | 46:391a(2)(D) |
| 2101(16) | 46:361 46:367 46:404 |
| 2101(17) | 46:404 46:1295f(c) 46:1295g(e)(1) |
| 2101(18) | 46:441(1) |
| 2101(19) | 46:404–1(1) |
| 2101(20) | 46:391a(2)(E) |
| 2101(21) | 46:390(a) 46:404–1(4) 46:1452(5) |
| 2101(22) | 46:391(c) |
| 2101(23) | 46:391a(2)(O) |
| 2101(24) | 46:391a(2)(G) |
| 2101(25) | 46:1452(1)(A), (B) |
| 2101(26) | 46:1452(7) |
| 2101(27) | 46:390(f) |
| 2101(28) | 46:390(h) |
| 2101(29) | 46:390(i) |
| 2101(30) | 46:390(g) |
| 2101(31) | 46:441(2) |
| 2101(32) | 46:395(e) |
| 2101(33) | 46:367 |
| 2101(34) | 33:151 46:216(b) 46:239a(b) 46:390(d) 46:391a(2)(I) 46:405(b)(1)(A) 46:481(a) 46:672(a) 46:1452(9) |
| 2101(35) | 46:390(b) |
| 2101(36) | .............................................. |
| 2101(37) | 46:361 |
| 2101(38) | 46:391a(2)(M) |
| 2101(39) | 46:391a(3) |
| 2101(40) | 46:405 |
| 2101(41) | 46:1452(3) |
| 2101(42) | 46:1452(1)(C) |
| 2101(43) | 46:526 |
| 2101(44) | .............................................. |
| 2101(45) | 1:3 46:1452(2) |
| 2101(46) | 46:391a(2)(L) |
Section 2101(1) defines the type of "associated equipment" that is involved in the use of recreational boats that are subject to Federal regulatory authority. This equipment is subject to a number of controls under federally established construction and performance standards. Radio equipment is exempt from these regulatory controls, since this equipment continues to be regulated by the Federal Communications Commission.
Section 2101(2) defines "barge" as a vessel that is non-self-propelled and that is often pushed ahead, towed alongside, or towed astern on a hawser by a towing vessel. It does not include a vessel that is propelled by sail only.
Section 2101(3) defines "boundary line" for the establishment of jurisdictional parameters for various maritime safety laws.
Section 2101(4) defines "Coast Guard".
Section 2101(5) provides that wherever the term "commercial service" is used it is to include all vessels except those that are primarily used for combatant purposes. This is to make sure that vessels that are engaged in the transportation of goods or individuals are subject to the applicable maritime and environmental safety laws, even if they are sovereign controlled vessels.
Section 2101(6) defines "consular officer" as one who has authority to issue visas. Traditionally this person is knowledgeable and familiar with the maritime safety and seamen's welfare laws.
Section 2101(7) defines "crude oil" because certain equipment requirements like inert gas systems, segregated ballast tanks, crude oil washing systems or special ballast arrangements are applicable only to tank vessels that carry crude oil. Crude oil is still included within the definition of "hazardous material" and "oil".
Section 2101(8) defines a "crude oil tanker" as one engaged in carrying crude oil. The definition does not include a tank barge since a tanker is defined as a self-propelled tank vessel. See also 2101(38).
Section 2101(9) makes it clear that the term "discharge" when referring to a substance that emanates from a vessel and is related to the marine environmental laws concerning pollution by oil or hazardous substances.
Section 2101(10) defines a "documented vessel" as any vessel of the United States that has been issued a certificate of documentation that might include a register, enrollment, license, or enrollment and license for various trades.
Section 2101(11) lists what is included in the term "fisheries" for the purpose of documentation of vessels and is intended to be all-inclusive of the numerous types of fishing activities.
Section 2101(12) defines "foreign vessel" as any foreign flag or foreign operated vessel that is operated under the jurisdiction or authority of a government other than the United States.
Section 2101(13) defines a "freight vessel" as a motor vessel or any vessel propelled by diesel or other internal combustion engines and that carries freight for hire.
Section 2101(14) defines "hazardous materials" as a broad range of materials that are not only flammable or combustible but are also designated under related maritime safety and environmental laws.
Section 2101(15) defines "marine environment" as an all-inclusive term that was developed to cover land and water areas that could be affected by pollution from all vessels and not only tank vessels.
Section 2101(16) defines "motor vessel" as a vessel propelled by machinery other than steam to make it clear that these vessels are not steam vessels.
Section 2101(17) defines "nautical school vessel" as a vessel that can be a privately owned and operated as well as a publicly owned and operated school vessel.
Section 2101(18) defines "oceanographic research vessel" as a vessel employed in oceanography or limnology research or instruction. It is defined because this type of vessel, while not inspected and certified as such, is subject to a number of special statutory and regulatory requirements.
Section 2101(19) defines "offshore supply vessel" as a class of vessel that is limited by tonnage and its employment in the mineral and oil industry and while so employed it is not a small passenger vessel.
Section 2101(20) defines "oil" to include oil of any type, in any form, or in any mixture. This is the definition that originated with marine environment and pollution laws and continues the definition that was adopted by port and tanker safety laws.
Section 2101(21) defines the term "passengers" in relation to various types of vessels. Due to the complexity of existing laws with respect to the definitions of "passenger" on various categories of vessels and the need to not make any changes of a substantive nature that could be construed as controversial, four definitions of "passenger" have been included.
Section 2101(22) defines "passenger vessel" as one that is at least 100 gross tons and carries at least one passenger for hire.
Section 2101(23) defines "product carrier" as a tanker that is engaged in carrying oil. This definition when read with the definition of tanker means that it is a self-propelled vessel. A tank barge carrying oil products is a tank vessel but is not subject to the special standards or requirements for a product carrier.
Section 2101(24) defines a "public vessel" as a governmental vessel that is not in commercial service. It should be noted that a sovereign-controlled foreign-flag vessel that is engaged in commercial service is not a public vessel and is subject to maritime safety and environment laws.
Section 2101(25) defines a "recreational vessel" as a class of vessel whose primary purpose is for pleasure. These vessels while not subject to inspection are subject to certain requirements of law to improve boating safety.
Section 2101(26) defines a "recreational vessel manufacturer" as one that is involved with not only the recreational vessels themselves but also with their components or associated equipment.
Section 2101(27), (28), (29), and (30) provides a number of definitions that define the type of instruction, instructor, student, and vessel that is involved in the teaching of sailing.
Section 2101(31) defines "scientific personnel" as individuals engaged in oceanography or limnology because they are specially treated under various maritime safety requirements.
Section 2101(32) defines a "seagoing barge" as a vessel that is at least 100 gross tons making voyages to sea beyond the boundary line.
Section 2101(33) defines a "seagoing motor vessel" as a vessel that must be a motor vessel, as defined in 2101(15), of at least 300 gross tons making voyages to sea beyond the boundary line.
Section 2101(34) defines "Secretary" so that maritime safety and seamen's welfare jurisdiction remains within the Coast Guard at all times.
Section 2101(35) defines "small passenger vessel" as one that is less than 100 gross tons carrying more than six passengers as defined in section 2101(21).
Section 2101(36) defines "State" as a State, territory or possession of the United States and is used to establish jurisdictional limits for the application of the various maritime safety and environmental safety laws of this subtitle. This definition is further limited by definitions in section 2102 that relate to recreational boating safety and facility improvement programs.
Section 2101(37) defines a "steam vessel" as a vessel propelled by steam. However, steam vessels of not more than 40 feet that are used exclusively for pleasure are not included.
Section 2101(38) defines "tanker" as a self-propelled tank vessel that has been constructed or primarily adapted to carry oil or hazardous material in bulk in the cargo spaces. This vessel is a subclass of tank vessel, which is defined in section 2101(39). This subclass definition is necessary because certain statutory minimum requirements that are consistent with internationally accepted standards are solely applicable to these vessels.
Section 2101(39) defines a "tank vessel" as a vessel carrying oil or hazardous materials in bulk or residue including a tanker as defined in section 2101(38).
Section 2101(40) defines "towing vessel" as a vessel in commercial service that pushes, pulls, or tows alongside and includes what is traditionally known as a tug.
Section 2101(41) defines "undocumented" which, in part, facilitates the classification of vessels that may be numbered by the proper issuing authority in a State.
Section 2101(42) defines an "uninspected passenger vessel" as a vessel carrying six or less passengers.
Section 2101(43) defines an "uninspected vessel" as a vessel not subject to inspection and certification by the Coast Guard under section 3301. Recreational vessels and inland towing vessels are typical uninspected vessels.
Section 2101(44) defines "United States" to establish geographical boundaries for the applicability of the various maritime safety and environmental safety laws of this subtitle. This definition is further limited by definitions in section 2102 that relate to recreational boating safety and facility improvement programs.
Section 2101(45) makes it clear that "vessel" as used in this subtitle has the same meaning as is provided in
Section 2101(46) defines "vessel of the United States" as a vessel that is documented or numbered under the laws of the United States. A documented vessel and those vessels that are numbered by a State or Federal authority are afforded the protection of the laws of the United States.
Editorial Notes
References in Text
Presidential Proclamation No. 5928, referred to in par. (23), is set out under
Amendments
2022—Pars. (45) to (56).
2018—
Par. (41).
2010—Par. (1)(B).
Par. (19).
2006—Pars. (2) to (3a).
Par. (6).
Par. (8a).
Pars. (10), (10a).
Par. (10b).
Par. (12).
Par. (17b).
Par. (18).
Par. (22)(D).
Par. (26a).
Par. (34).
Par. (35)(E).
Par. (36).
Par. (41).
Pars. (44) to (46).
2002—Par. (17).
Par. (35).
Par. (48).
1998—Pars. (17a), (17b).
1996—Par. (13).
Par. (13a).
Par. (19).
Par. (20a).
Par. (20b).
Par. (22).
Par. (30)(A).
Par. (32).
Par. (33).
Par. (35).
Par. (42).
1994—Par. (14)(C).
1993—Par. (5a).
Par. (19).
Par. (21).
Par. (21a).
Par. (22).
Par. (30)(B).
Par. (35).
Par. (37a).
Par. (42).
1992—Par. (13a).
1990—Par. (8a).
Par. (14)(C).
1989—Par. (17a).
1988—Par. (10a).
Par. (14a).
Par. (34).
Par. (46).
1986—Par. (11b).
Par. (14)(C).
Par. (15a).
Par. (17).
Par. (20a).
Par. (21)(A)(ii).
Par. (21)(B).
Par. (21)(B)(v) to (vii).
"(v) a guest on board a vessel that is being operated only for pleasure, or a guest on board a sailing school vessel, who has not contributed consideration for carriage on board;
"(vi) an individual on board a towing vessel of at least 50 gross tons who has not contributed consideration for carriage on board; or
"(vii) a sailing school instructor or sailing school student."
Par. (21)(F).
Par. (30)(D).
Par. (47).
1984—Par. (3a).
Par. (11).
Pars. (11a) to (11c).
Par. (21)(B).
Par. (21)(E).
Par. (27).
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Effective Date of 1992 Amendment
"(c) For Great Lakes barges placed in operation after the date of enactment of this Act [Nov. 4, 1992], the amendments made by this section [amending this section and
"(d)(1) For Great Lakes barges in operation on the date of enactment of this Act, the amendments made by this section take effect one year after the date of enactment of this Act.
"(2) The Secretary of Transportation may impose reasonable interim requirements to assure safe operation of the barges affected by paragraph (1)."
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1988 Amendment
Amendment by
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
Towing Vessels Operating Outside Boundary Line
"(a)
"(1) the term 'Boundary Line' has the meaning given the term in
"(2) the term 'Officer in Charge, Marine Inspection' has the meaning given the term in
"(3) the term 'Secretary' means the Secretary of the Department in which the Coast Guard is operating.
"(b)
"(1) the vessel is—
"(A) operating outside the Boundary Line solely to perform regular harbor assist operations; or
"(B) listed as a response vessel on a vessel response plan and is operating outside the Boundary Line solely to perform duties of a response vessel;
"(2) the vessel is approved for operations outside the Boundary Line by the Officer in Charge, Marine Inspection and the Coast Guard Marine Safety Center; and
"(3) the vessel has sufficient manning and lifesaving equipment for all persons on board, in accordance with part 15 and section 141.225 of title 46, Code of Federal Regulations (or any successor regulation).
"(c)
"(1) that is subject to inspection under
"(2) with only 'Lakes, Bays, and Sounds' or 'Rivers' routes recorded on such vessel's certificate of inspection pursuant to section 136.230 of title 46, Code of Federal Regulations (or any successor regulation);
"(3) that, with respect to a vessel described in subsection (b)(1)(A), is operating as a harbor assist vessel and regularly engaged in harbor assist operations, including the docking, undocking, mooring, unmooring, and escorting of vessels with limited maneuverability; and
"(4) that, with respect to a vessel that is described in subsection (b)(1)(B), is listed—
"(A) on a vessel response plan under part 155 of title 33, Code of Federal Regulations, on the date of approval of the vessel response plan; or
"(B) by name or reference in the vessel response plan's geographic-specific appendix on the date of approval of the vessel response plan.
"(d)
"(1) The voyage of a vessel described in subsection (b)(1)(A) shall—
"(A) be less than 12 hours in total duration;
"(B) originate and end in the inspection zone of a single Officer in Charge, Marine Inspection; and
"(C) occur no further than 10 nautical miles from the Boundary Line.
"(2) The voyage of a vessel described in subsection (b)(1)(B) shall—
"(A) originate and end in the inspection zone of a single Officer in Charge, Marine Inspection; and
"(B) either—
"(i) in the case of a voyage in the territorial waters of Alaska, Guam, Hawaii, American Samoa, and the Northern Mariana Islands, have sufficient manning as determined by the Secretary; or
"(ii) be less than 12 hours.
"(e)
"(1)
"(2)
"(3)
"(A) the date, time, and length of voyage;
"(B) a crew list, with each crew member's credentials and work hours; and
"(C) an attestation from the master of the towing vessel that the vessel has sufficient manning and lifesaving equipment for all persons on board.
"(f)
"(1) The impacts of the interim exemption provided under this section.
"(2) Any safety concerns regarding the expiration of such interim exemption.
"(3) Whether such interim exemption should be extended.
"(g)
Fishing and Fish Tender Vessels
"(a) In this section, 'fish tender vessel', 'fishing vessel', and 'tank vessel' have the meanings given those terms under
"(b) A fishing vessel or fish tender vessel of not more than 750 gross tons, when engaged only in the fishing industry, shall not be deemed to be a tank vessel for the purposes of any law.
"(c)(1) This section does not affect the authority of the Secretary of Transportation under
"(2) This section does not affect the requirement for fish tender vessels engaged in the Aleutian trade to comply with chapters 33, 45, 51, 81, and 87 of
Applicability Date for Revised Regulations
"(a)
"(b)
"(c)
"(1) make application for inspection with the Coast Guard within 6 months after the date of enactment of this Act [Dec. 20, 1993];
"(2) make the vessel available for examination by the Coast Guard prior to the carriage of passengers;
"(3)(A) correct especially any hazardous conditions involving the vessel's structure, electrical system, and machinery installation, such as (i) grossly inadequate, missing, unsound, or severely deteriorated frames or major structural members; (ii) wiring systems or electrical appliances without proper grounding or overcurrent protection; and (iii) significant fuel or exhaust system leaks;
"(B) equip the vessel with lifesaving and fire fighting equipment, or the portable equivalent, required for the route and number of persons carried; and
"(C) verify through stability tests, calculations, or other practical means (which may include a history of safe operations) that the vessel's stability is satisfactory for the size, route, and number of passengers; and
"(4) develop a work plan approved by the Coast Guard to complete in a good faith effort all requirements necessary for issuance of a certificate of inspection as soon as practicable.
"(d)
Tank Vessel Definition Clarification
"(a) In this section, 'offshore supply vessel', 'fish tender vessel', 'fishing vessel', and 'tank vessel' have the meanings given those terms under
"(b) The following vessels are deemed not to be a tank vessel for the purposes of any law:
"(1) An offshore supply vessel of less than 500 gross tons as measured under section 14502, or an alternate tonnage measured under section 14302 of such title as prescribed by the Secretary under section 14104 of such title.
"(2) A fishing or fish tender vessel of not more than 750 gross tons that transfers without charge to a fishing vessel owned by the same person.
"(3) A vessel—
"(A) configured, outfitted, and operated primarily for dredging operations; and
"(B) engaged in dredging operations which transfers fuel to other vessels engaged in the same dredging operations without charge.
"(c)(1) This section does not affect the authority of the Secretary of Transportation under
"(2) This section does not affect the requirement for fish tender vessels engaged in the Aleutian trade to comply with chapters 33, 45, 51, 81, and 87 of
"(d) Current regulations governing the vessels in subsection (b) remain in effect."
Definitions of Terms Used in Title II of Pub. L. 115–265
"(1)
"(2)
"(3)
1 See References in Text note below.
§2102. Limited definitions
In chapters 33, 45, 51, 81, and 87 of this title, "Aleutian trade" means the transportation of cargo (including fishery related products) for hire on board a fish tender vessel to or from a place in Alaska west of 153 degrees west longitude and east of 172 degrees east longitude, if that place receives weekly common carrier service by water, to or from a place in the United States (except a place in Alaska).
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 2102 | 46:1452(10)–(14) |
Section 2102 contains a number of definitions that are limited to recreational vessels in
Editorial Notes
Amendments
2006—
1990—
1986—
1984—Par. (1).
Par. (3).
Par. (4).
Par. (5).
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Amendment by
§2103. Superintendence of the merchant marine
The Secretary has general superintendence over the merchant marine of the United States and of merchant marine personnel insofar as the enforcement of this subtitle is concerned and insofar as those vessels and personnel are not subject, under other law, to the supervision of another official of the United States Government. In the interests of marine safety and seamen's welfare, the Secretary shall enforce this subtitle and shall carry out correctly and uniformly administer this subtitle. The Secretary may prescribe regulations to carry out the provisions of this subtitle.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 2103 | 46:2 46:372 46:689 |
Section 2103 provides the Secretary with the authority to superintend the merchant marine and those involved personnel insofar as the vessels and personnel are not subject, under other laws, to the supervision of another official. The Secretary has the duty to enforce the laws with respect to vessels and seamen and to carry out correctly and uniformly these laws and regulations. The term "superintendence" is used to indicate the Secretary's broad responsibility for overseeing maritime safety and seamen's welfare, including employment, shipping, navigation, and protection of the marine environment.
Editorial Notes
Amendments
1986—
§2104. Delegation
(a) The Secretary may delegate the duties and powers conferred by this subtitle to any officer, employee, or member of the Coast Guard, and may provide for the subdelegation of those duties and powers.
(b) When this subtitle authorizes an officer or employee of the Customs Service to act in place of a Coast Guard official, the Secretary may designate that officer or employee subject to the approval of the Secretary of the Treasury.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 2104 | 46:65v(1) 46:382b 46:416 46:543 46:689 |
Section 2104 provides the Secretary with authority to delegate duties and powers to others. It also contains the authority to designate an officer or employee of the United States Customs Service to act in the place of a Coast Guard official.
Statutory Notes and Related Subsidiaries
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
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see
§2105. Report
The Secretary shall provide for the investigation of the operation of this subtitle and of all laws related to marine safety, and shall require that a report be made to the Secretary annually about those matters that may require improvement or amendment.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 2105 | 46:4 |
Section 2105 requires the Secretary to investigate the operation of this subtitle and all laws related to maritime safety and requires appropriate reports to ensure that the Secretary is attentive to all the shipping laws under the Secretary's superintendence.
§2106. Liability in rem
When a vessel is made liable in rem under this subtitle, the vessel may be libeled and proceeded against in the district court of the United States for any district in which the vessel is found.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 2106 | 46:170(14) |
| 46:216e(e) | |
| 46:390d | |
| 46:391a(14)(C) | |
| 46:436 | |
| 46:462 | |
| 46:481(c) | |
| 46:497 | |
| 46:526o | |
| 46:672(j) | |
| 46:1484(b) |
Section 2106 provides that when a vessel is made liable in rem the vessel may be libeled and proceeded against in a United States district court.
Editorial Notes
Amendments
2006—
§2107. Civil penalty procedures
(a) After notice and an opportunity for a hearing, a person found by the Secretary to have violated this subtitle or subtitle VII or a regulation prescribed under this subtitle or subtitle VII for which a civil penalty is provided, is liable to the United States Government for the civil penalty provided. The amount of the civil penalty shall be assessed by the Secretary by written notice. In determining the amount of the penalty, the Secretary shall consider the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other matters that justice requires.
(b) The Secretary may compromise, modify, or remit, with or without consideration, a civil penalty under this subtitle or subtitle VII until the assessment is referred to the Attorney General.
(c) If a person fails to pay an assessment of a civil penalty after it has become final, the Secretary may refer the matter to the Attorney General for collection in an appropriate district court of the United States.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 2107 | 33:364 46:7 46:65u 46:216e(d) 46:391a(14) 46:526 o46:526p 46:1484(c) |
Section 2107 provides for standard procedures for the handling of civil penalties for infractions of law or regulation. Some changes were made to increase some antiquated and inadequate penalties.
The assessment of civil penalties under this section should not require an "on the record" hearing within the meaning of the Administrative Procedures Act (APA). It is intended that these civil penalties be assessed in a fair manner. However, the Committee recognizes that statutes passed in the last decade have involved the Coast Guard in tens of thousands of civil penalty enforcement cases and that it is necessary that the penalties be assessed efficiently. The Coast Guard's procedural regulations for assessing civil penalties ensure that the essential elements of due process, notice, and opportunity to be heard, are provided to alleged violators (see 33 CFR Subpart 1.07). The more rigid and time-consuming procedures applicable to APA adjudications are unwarranted in the case of Coast Guard civil penalty assessment procedures and would seriously hamper the orderly enforcement of these administrative penalties.
Editorial Notes
Amendments
2006—
[§2108. Repealed. Pub. L. 109–304, §15(5), Oct. 6, 2006, 120 Stat. 1702 ]
Section,
§2109. Public vessels
Except as otherwise provided, this subtitle does not apply to a public vessel of the United States. However, this subtitle does apply to a vessel (except a Great Lakes St. Lawrence Seaway Development Corporation vessel) owned or operated by the Department of Transportation or by any corporation organized or controlled by the Department.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 2109 | 46:362 46:363 46:391a(4) |
Section 2109 exempts public vessels from the applicability of the maritime safety and seamen's welfare laws of this subtitle although some public vessels are inspected under interagency voluntary agreements.
Editorial Notes
Amendments
2020—
2010—
2006—
1986—
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
§2110. Fees
(a)(1) Except as otherwise provided in this title, the Secretary shall establish a fee or charge for a service or thing of value provided by the Secretary under this subtitle, in accordance with
(2) The Secretary may not establish a fee or charge under paragraph (1) for inspection or examination of a non-self-propelled tank vessel under part B of this subtitle that is more than $500 annually. The Secretary may not establish a fee or charge under paragraph (1) for inspection or examination of a small passenger vessel under this title that is more than $300 annually for such vessels under 65 feet in length, or more than $600 annually for such vessels 65 feet in length and greater. The Secretary may not establish a fee or charge under paragraph (1) for inspection or examination under this title for any publicly-owned ferry.
(3) The Secretary may, by regulation, adjust a fee or charge collected under this subsection to accommodate changes in the cost of providing a specific service or thing of value, but the adjusted fee or charge may not exceed the total cost of providing the service or thing of value for which the fee or charge is collected, including the cost of collecting the fee or charge.
(4) The Secretary may not collect a fee or charge under this subsection that is in conflict with the international obligations of the United States.
(5) The Secretary may not collect a fee or charge under this subsection for any search or rescue service.
(b)(1) In addition to the collection of fees and charges established under subsection (a), in providing a service or thing of value under this subtitle the Secretary may accept in-kind transportation, travel, and subsistence.
(2) The value of in-kind transportation, travel, and subsistence accepted under this paragraph may not exceed applicable per diem rates set forth in regulations prescribed under
(c) In addition to the collection of fees and charges established under subsection (a), the Secretary may recover appropriate collection and enforcement costs associated with delinquent payments of the fees and charges.
(d)(1) The Secretary may employ any Federal, State, or local agency or instrumentality, or any private enterprise or business, to collect a fee or charge established under this section. A private enterprise or business selected by the Secretary to collect fees or charges—
(A) shall be subject to reasonable terms and conditions agreed to by the Secretary and the enterprise or business;
(B) shall provide appropriate accounting to the Secretary; and
(C) may not institute litigation as part of that collection.
(2) A Federal agency shall account for the agency's costs of collecting the fee or charge under this subsection as a reimbursable expense, and the costs shall be credited to the account from which expended.
(e) A person that violates this section by failing to pay a fee or charge established under this section is liable to the United States Government for a civil penalty of not more than $5,000 for each violation.
(f) When requested by the Secretary, the Secretary of Homeland Security shall deny the clearance required by
(g) The Secretary may exempt a person from paying a fee or charge established under this section if the Secretary determines that it is in the public interest to do so.
(h) Fees and charges collected by the Secretary under this section shall be deposited in the general fund of the Treasury as offsetting receipts of the department in which the Coast Guard is operating and ascribed to Coast Guard activities.
(i) The collection of a fee or charge under this section does not alter or expand the functions, powers, responsibilities, or liability of the United States under any law for the performance of services or the provision of a thing of value for which a fee or charge is collected under this section.
(j) The Secretary may not establish or collect a fee or charge for the inspection under part B of this subtitle of training vessels operated by State maritime academies.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 2110 | 46:331 |
Section 2110 prevents the assessment of user fees for certain maritime safety and seamen's welfare services unless otherwise provided for by law. These include:
Measurement of tonnage and certifying the same, except that the compensation and necessary travel and subsistence expenses of the officers so measuring or certifying such vessels at the request of the owners thereof at a place other than a port of entry or a customs station shall be paid by such owners; issuing of license or granting of certificate of registry, record, or enrollment, including all indorsements on the same and oath; indorsement of change of master; certifying and receiving manifest, including master's oath and permit; granting permit to vessels licensed for the fisheries to touch and trade; granting certificate of payment of tonnage dues; recording bill of sale, mortgage, hypothecation or conveyance, or the discharge of such mortgage or hypothecation; furnishing certificate of title; furnishing the crew list; certificate of protection to seamen; bill of health; shipping or discharging of seamen; apprenticing boys to the merchant service; inspecting, examining, and licensing steam vessels, including inspection certificate and copies thereof; and licensing of master, engineer, pilot, or mate of a vessel.
Editorial Notes
References in Text
The Omnibus Budget Reconciliation Act of 1990, referred to in subsec. (b)(5), is
Amendments
2018—Subsec. (k).
2014—Subsec. (b).
Subsec. (c).
2006—Subsec. (a)(2).
Subsec. (b)(2)(A)(iii).
Subsec. (b)(5).
Subsec. (f).
Subsec. (j).
2002—Subsec. (k).
1998—Subsec. (k).
1996—Subsec. (a)(2).
1992—Subsec. (b)(1).
Subsec. (b)(2).
"(A) for vessels greater than 16 feet in length but less than 20 feet, not more than $25;
"(B) for vessels of at least 20 feet in length but less than 27 feet, not more than $35;
"(C) for vessels of at least 27 feet in length but less than 40 feet, not more than $50; and
"(D) for vessels of at least 40 feet in length, not more than $100."
Subsec. (j).
1991—Subsec. (b)(5).
1990—
1988—
1986—
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Effective Date of 1988 Amendment
Amendment by
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
Acceptance of Evidence of Payment of Coast Guard Fees
§2111. Pay for overtime services
(a) The Secretary may prescribe a reasonable rate of extra pay for overtime services of civilian officers and employees of the Coast Guard required to remain on duty between 5 p.m. and 8 a.m., or on Sundays or holidays, to perform services related to—
(1) the inspection of vessels or their equipment;
(2) the engagement and discharge of crews of vessels;
(3) the measurement of vessels; and
(4) the documentation of vessels.
(b) Except for Sundays and holidays, the overtime rate provided under subsection (a) of this section is one-half day's additional pay for each 2 hours of overtime (or part of 2 hours of at least one hour). The total extra pay may be not more than 2 and one-half days' pay for any one period from 5 p.m. to 8 a.m.
(c) The overtime rate provided under subsection (a) of this section for Sundays and holidays is 2 additional days' pay.
(d) The owner, charterer, managing operator, agent, master, or individual in charge of the vessel shall pay the amount of the overtime pay provided under this section to the official designated by regulation. The official shall deposit the amount paid to the Treasury as miscellaneous receipts. Payment to the officer or employee entitled to the pay shall be made from the annual appropriations for salaries and expenses of the Coast Guard.
(e) The overtime pay provided under this section shall be paid if the authorized officers and employees have been ordered to report for duty and have reported, even if services requested were not performed.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 2111 | 46:382b |
Section 2111 provides for the payment of overtime rates for work performed by civilian officers and employees of the Coast Guard for certain specified activities.
Statutory Notes and Related Subsidiaries
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
§2112. Authority to change working hours
In a port at which the customary working hours begin before 8 a.m. or end after 5 p.m., the Secretary may regulate the working hours of the officers and employees referred to in
(1) the total period for which overtime pay may be required under
(2) the length of the working day for the officers and employees involved may not be changed; and
(3) the rate of overtime pay may not be changed.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 2112 | 46:382b |
Section 2112 provides the Secretary with the authority to regulate the working hours of civilian officers and employees of the Coast Guard to conform with the prevailing working hours of a port.
§2113. Authority to exempt certain vessels
If the Secretary decides that the application of a provision of part B, C, F, or G of this subtitle is not necessary in performing the mission of the vessel engaged in excursions or an oceanographic research vessel, or not necessary for the safe operation of certain vessels carrying passengers, the Secretary by regulation may—
(1) for a vessel, issue a special permit specifying the conditions of operation and equipment;
(2) exempt an oceanographic research vessel from that provision under conditions the Secretary may specify;
(3) establish different operating and equipment requirements for vessels defined in
(4) maintain different structural fire protection, manning, operating, and equipment requirements for vessels that satisfied requirements set forth in the Passenger Vessel Safety Act of 1993 (
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 2113 | 46:445 46:453 |
Section 2113 provides the Secretary with the authority to exempt certain vessels from the inspection and manning requirements of law when vessels are engaged in excursions or oceanographic research. This is the authority of the issuance of excursion permits when special circumstances justify the waiver of certain maritime safety and seamen's welfare laws for a short period of time. It also contains flexible exemption authority for regulation of oceanographic research vessels.
Editorial Notes
References in Text
The Passenger Vessel Safety Act of 1993, referred to in par. (4), is
Amendments
2022—Par. (3).
2018—Par. (3).
Par. (4).
Par. (5).
1996—Par. (4).
Par. (5).
1993—
"(1) for an excursion vessel, issue a special permit specifying the conditions of operation and equipment; and
"(2) exempt the oceanographic research vessel from that provision under conditions the Secretary may specify."
Statutory Notes and Related Subsidiaries
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
§2114. Protection of seamen against discrimination
(a)(1) A person may not discharge or in any manner discriminate against a seaman because—
(A) the seaman in good faith has reported or is about to report to the Coast Guard or other appropriate Federal agency or department that the seaman believes that a violation of a maritime safety law or regulation prescribed under that law or regulation has occurred;
(B) the seaman in good faith has reported or is about to report to the vessel owner, Coast Guard or other appropriate Federal agency or department sexual harassment or sexual assault against the seaman or knowledge of sexual harassment or sexual assault against another seaman;
(C) the seaman has refused to perform duties ordered by the seaman's employer because the seaman has a reasonable apprehension or expectation that performing such duties would result in serious injury to the seaman, other seamen, or the public;
(D) the seaman testified in a proceeding brought to enforce a maritime safety law or regulation prescribed under that law;
(E) the seaman notified, or attempted to notify, the vessel owner or the Secretary of a work-related personal injury or work-related illness of a seaman;
(F) the seaman cooperated with a safety investigation by the Secretary or the National Transportation Safety Board;
(G) the seaman furnished information to the Secretary, the National Transportation Safety Board, or any other public official as to the facts relating to any marine casualty resulting in injury or death to an individual or damage to property occurring in connection with vessel transportation; or
(H) the seaman accurately reported hours of duty under this part.
(2) The circumstances causing a seaman's apprehension of serious injury under paragraph (1)(C) must be of such a nature that a reasonable person, under similar circumstances, would conclude that there is a real danger of an injury or serious impairment of health resulting from the performance of duties as ordered by the seaman's employer.
(3) To qualify for protection against the seaman's employer under paragraph (1)(C), the employee must have sought from the employer, and been unable to obtain, correction of the unsafe condition.
(b) A seaman alleging discharge or discrimination in violation of subsection (a) of this section, or another person at the seaman's request, may file a complaint with respect to such allegation in the same manner as a complaint may be filed under subsection (b) of
(Added
Editorial Notes
Amendments
2022—Subsec. (a)(1)(B) to (H).
Subsec. (a)(2), (3).
2010—Subsec. (a)(1)(C) to (G).
Subsec. (b).
"(1) restraining violations of this section;
"(2) reinstatement to the seaman's former position with back pay;
"(3) an award of costs and reasonable attorney's fees to a prevailing plaintiff not exceeding $1,000; and
"(4) an award of costs and reasonable attorney's fees to a prevailing employer not exceeding $1,000 if the court finds that a complaint filed under this section is frivolous or has been brought in bad faith."
2002—Subsec. (a).
Subsec. (b)(3), (4).
Statutory Notes and Related Subsidiaries
Savings Provision
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
§2115. Civil penalty to enforce alcohol and dangerous drug testing
Any person who fails to implement or conduct, or who otherwise fails to comply with the requirements prescribed by the Secretary for, chemical testing for dangerous drugs or for evidence of alcohol use, as prescribed under this subtitle or a regulation prescribed by the Secretary to carry out the provisions of this subtitle, is liable to the United States Government for a civil penalty of not more than $5,000 for each violation. Each day of a continuing violation shall constitute a separate violation.
(Added
Editorial Notes
Amendments
1998—
§2116. Marine safety strategy, goals, and performance assessments
(a)
(1) Reducing the number and rates of marine casualties.
(2) Improving the consistency and effectiveness of vessel and operator enforcement and compliance programs.
(3) Identifying and targeting enforcement efforts at high-risk vessels and operators.
(4) Improving research efforts to enhance and promote vessel and operator safety and performance.
(b) 5
(1)
(A) To increase the number of safety examinations on all high-risk vessels.
(B) To eliminate the backlog of marine safety-related rulemakings.
(C) To improve the quality and effectiveness of marine safety information databases by ensuring that all Coast Guard personnel accurately and effectively report all safety, casualty, and injury information.
(D) To provide for a sufficient number of Coast Guard marine safety personnel, and provide adequate facilities and equipment to carry out the functions referred to in section 93(c) 1 of title 14.
(2)
(A) the funds and staff resources needed to accomplish each activity included in the strategy and plan; and
(B) the staff skills and training needed for timely and effective accomplishment of each goal.
(c)
(d)
(1)
(2)
(A) on the performance of the marine safety program in achieving the goals of the marine safety strategy and plan under subsection (a) for the period covered by the briefing;
(B) on the program's mission performance in achieving numerical measurable goals established under subsection (b), including—
(i) the number of civilian and military Coast Guard personnel assigned to marine safety positions; and
(ii) an identification of marine safety positions that are understaffed to meet the workload required to accomplish each activity included in the strategy and plan under subsection (a); and
(C) recommendations on how to improve performance of the program.
(Added
Editorial Notes
References in Text
The date of the enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020, referred to in subsec. (c), is the date of enactment of div. G of
Amendments
2021—Subsec. (a).
Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(2)(A).
Subsec. (c).
Subsec. (d)(1).
Subsec. (d)(2).
Subsec. (d)(2)(A).
Subsec. (d)(2)(B)(ii).
2018—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d)(1).
Subsec. (d)(2).
2014—Subsec. (b)(1)(D).
Subsec. (d)(2)(B).
Statutory Notes and Related Subsidiaries
Domestic Vessel Compliance
"(a)
"(b)
"(1) include flag-State detention rates for each type of inspected vessel; and
"(2) identify any recognized organization that inspected or surveyed a vessel that was later subject to a Coast Guard-issued control action attributable to a major nonconformity that the recognized organization failed to identify in such inspection or survey."
[For definition of "recognized organization" as used in section 204 of
1 See References in Text note below.
§2117. Termination for unsafe operation
An individual authorized to enforce this title—
(1) may remove a certificate required by this title from a vessel that is operating in a condition that does not comply with the provisions of the certificate;
(2) may order the individual in charge of a vessel that is operating that does not have on board the certificate required by this title to return the vessel to a mooring and to remain there until the vessel is in compliance with this title; and
(3) may direct the individual in charge of a vessel to which this title 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.
(Added
§2118. Establishment of equipment standards
(a) In establishing standards for approved equipment required on vessels subject to part B of this subtitle, the Secretary shall establish standards that are—
(1) based on performance using the best available technology that is economically achievable; and
(2) operationally practical.
(b) Using the standards established under subsection (a), the Secretary may also certify lifesaving equipment that is not required to be carried on vessels subject to part B of this subtitle to ensure that such equipment is suitable for its intended purpose.
(c) At least once every 10 years the Secretary shall review and revise the standards established under subsection (a) to ensure that the standards meet the requirements of this section.
(Added
Editorial Notes
Amendments
2016—Subsec. (a).
Subsec. (b).
CHAPTER 23 —OPERATION OF VESSELS GENERALLY
Historical and Revision Notes
Editorial Notes
Amendments
2018—
2012—
2002—
1998—
1984—
§2301. Application
Except as provided in
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 2301 | 46:480 |
Section 2301 provides that this chapter is applicable to all vessels, including foreign flag vessels, when operating on waters subject to the jurisdiction of the United States. Any vessel owned in the United States while operating on the high seas would be included. By ownership the Committee means those vessels that are documented or numbered under United States laws and those other vessels that are neither documented or numbered but are of national origin and are not documented under the laws of a foreign nation. This chapter is applicable to a foreign flag vessel that is in innocent passage through territorial waters of the United States, presently 3 miles seaward, whether or not it is bound to or from a port subject to the jurisdiction of the United States.
Editorial Notes
References in Text
Presidential Proclamation No. 5928, referred to in text, is set out under
Amendments
2006—
1998—
1984—
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Amendment by
§2302. Penalties for negligent operations and interfering with safe operation
(a) A person operating a vessel in a negligent manner or interfering with the safe operation of a vessel, so as to endanger the life, limb, or property of a person is liable to the United States Government for a civil penalty of not more than $5,000 in the case of a recreational vessel, or $25,000 in the case of any other vessel.
(b) A person operating a vessel in a grossly negligent manner that endangers the life, limb, or property of a person commits a class A misdemeanor.
(c) An individual who is under the influence of alcohol, or a dangerous drug in violation of a law of the United States when operating a vessel, as determined under standards prescribed by the Secretary by regulation—
(1) is liable to the United States Government for a civil penalty of not more than $5,000; or
(2) commits a class A misdemeanor.
(d) For a penalty imposed under this section, the vessel also is liable in rem unless the vessel is—
(1) owned by a State or a political subdivision of a State;
(2) operated principally for governmental purposes; and
(3) identified clearly as a vessel of that State or subdivision.
(e)(1) A vessel may not transport Government-impelled cargoes if—
(A) the vessel has been detained and determined to be substandard by the Secretary for violation of an international safety convention to which the United States is a party, and the Secretary has published notice of that detention and determination in an electronic form, including the name of the owner of the vessel; or
(B) the operator of the vessel has on more than one occasion had a vessel detained and determined to be substandard by the Secretary for violation of an international safety convention to which the United States is a party, and the Secretary has published notice of that detention and determination in an electronic form, including the name of the owner of the vessel.
(2) The prohibition in paragraph (1) expires for a vessel on the earlier of—
(A) 1 year after the date of the publication in electronic form on which the prohibition is based; or
(B) any date on which the owner or operator of the vessel prevails in an appeal of the violation of the relevant international convention on which the detention is based.
(3) As used in this subsection, the term "Government-impelled cargo" means cargo for which a Federal agency contracts directly for shipping by water or for which (or the freight of which) a Federal agency provides financing, including financing by grant, loan, or loan guarantee, resulting in shipment of the cargo by water.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 2302(a) | 46:1461(d) 46:1484(b) |
| 2302(b) | 46:1461(d) 46:1483 |
| 2302(c) | 46:1484(b) |
Section 2302 states that the negligent operation of a vessel is prohibited. These acts are subject to civil and criminal penalties and the involved vessel is subject to an in rem action. The negligent operation provisions have their genesis in the Act of April 25, 1940,
Editorial Notes
Amendments
2002—Subsec. (a).
1998—
Subsec. (a).
Subsec. (c)(1).
Subsec. (e).
1992—Subsec. (c)(1).
1990—Subsec. (b).
Subsec. (c).
Subsec. (c)(1).
Subsec. (c)(2).
1984—Subsecs. (c), (d).
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Effective Date of 1990 Amendment
Amendment by
§2303. Duties related to marine casualty assistance and information
(a) The master or individual in charge of a vessel involved in a marine casualty shall—
(1) render necessary assistance to each individual affected to save that affected individual from danger caused by the marine casualty, so far as the master or individual in charge can do so without serious danger to the master's or individual's vessel or to individuals on board; and
(2) give the master's or individual's name and address and identification of the vessel to the master or individual in charge of any other vessel involved in the casualty, to any individual injured, and to the owner of any property damaged.
(b) An individual violating this section or a regulation prescribed under this section shall be fined not more than $1,000 or imprisoned for not more than 2 years. The vessel also is liable in rem to the United States Government for the fine.
(c) An individual complying with subsection (a) of this section or gratuitously and in good faith rendering assistance at the scene of a marine casualty without objection by an individual assisted, is not liable for damages as a result of rendering assistance or for an act or omission in providing or arranging salvage, towage, medical treatment, or other assistance when the individual acts as an ordinary, reasonable, and prudent individual would have acted under the circumstances.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 2303(a) | 33:367 46:1465(a) |
| 2303(b) | 33:368 |
| 2303(c) | 46:1465(b) |
Section 2303 requires a master or anyone in charge of a vessel to provide assistance and render aid to those involved in a marine casualty and to exchange information in a manner similar to automobile accident cases. It also includes a "Good Samaritan" clause that exonerates anyone from liability when rendering assistance in an ordinary, reasonable, or prudent manner.
§2303a. Post serious marine casualty alcohol testing
(a) The Secretary shall establish procedures to ensure that after a serious marine casualty occurs, alcohol testing of crew members or other individuals responsible for the operation or other safety-sensitive functions of the vessel or vessels involved in such casualty is conducted no later than 2 hours after the casualty occurs, unless such testing cannot be completed within that time due to safety concerns directly related to the casualty.
(b) The procedures in subsection (a) shall require that if alcohol testing cannot be completed within 2 hours of the occurrence of the casualty, such testing shall be conducted as soon thereafter as the safety concerns in subsection (a) have been adequately addressed to permit such testing, except that such testing may not be required more than 8 hours after the casualty occurs.
(Added
Editorial Notes
Amendments
2021—Subsec. (a).
§2304. Duty to provide assistance at sea
(a)(1) A master or individual in charge of a vessel shall render assistance to any individual found at sea in danger of being lost, so far as the master or individual in charge can do so without serious danger to the master's or individual's vessel or individuals on board.
(2) Paragraph (1) does not apply to a vessel of war or a vessel owned by the United States Government appropriated only to a public service.
(b) A master or individual violating this section shall be fined not more than $1,000, imprisoned for not more than 2 years, or both.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 2304 | 46:728 |
Section 2304 requires a master or individual in charge of a vessel to render assistance to those in danger at sea if able to do so without seriously endangering the vessel or crew.
Editorial Notes
Amendments
2006—Subsec. (a).
§2305. Injunctions
(a) The district courts of the United States have jurisdiction to enjoin the negligent operation of vessels prohibited by this chapter on the petition of the Attorney General for the United States Government.
(b) When practicable, the Secretary shall—
(1) give notice to any person against whom an action for injunctive relief is considered under this section an opportunity to present that person's views; and
(2) except for a knowing and willful violation, give the person a reasonable opportunity to achieve compliance.
(c) The failure to give notice and opportunity to present views under subsection (b) of this section does not preclude the court from granting appropriate relief.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 2305 | 46:1485 |
Section 2305 provides injunctive authority to enjoin the negligent operation of vessels. This authority can also be used to enjoin the operation of foreign or domestic vessels on our waters when they are unsuitable for the voyage intended.
§2306. Vessel reporting requirements
(a)(1) An owner, charterer, managing operator, or agent of a vessel of the United States, having reason to believe (because of lack of communication with or nonappearance of a vessel or any other incident) that the vessel may have been lost or imperiled, immediately shall—
(A) notify the Coast Guard; and
(B) use all available means to determine the status of the vessel.
(2) When more than 48 hours have passed since the owner, charterer, managing operator, or agent of a vessel required to report to the United States Flag Merchant Vessel Location Filing System under authority of
(A) notify the Coast Guard; and
(B) use all available means to determine the status of the vessel.
(3) An owner, charterer, managing operator, or agent of a vessel of the United States notifying the Coast Guard under paragraph (1) or (2) shall—
(A) provide the name and identification number of the vessel, the names of individuals on board, and other information that may be requested by the Coast Guard; and
(B) submit written confirmation to the Coast Guard within 24 hours after nonwritten notification to the Coast Guard under such paragraphs.
(4) An owner, charterer, managing operator, or agent violating this subsection is liable to the United States Government for a civil penalty of not more than $5,000 for each day during which the violation occurs.
(b)(1) The master of a vessel of the United States required to report to the System shall report to the owner, charterer, managing operator, or agent at least once every 48 hours.
(2) A master violating this subsection is liable to the Government for a civil penalty of not more than $1,000 for each day during which the violation occurs.
(c) The Secretary may prescribe regulations to carry out this section.
(Added
Editorial Notes
Amendments
2021—Subsec. (a)(3).
2006—Subsec. (a)(2).
Statutory Notes and Related Subsidiaries
Effective Date
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
[§2307. Repealed. Pub. L. 115–282, title IV, §402(d), Dec. 4, 2018, 132 Stat. 4264 ]
Section, added