CHAPTER 33 —INSPECTION GENERALLY
Historical and Revision Notes
In 1864 the principal inspection and licensing provisions of the 1852 act were made applicable to ferries, towing vessels, and canal boats. However, steamboat explosions continued with high loss of life and property. One of the greatest of all disasters, the destruction of the passenger vessel Sultana by explosion and fire with a loss of life estimated at more than 1500 lives in April 1865, led to renewed legislation efforts. In 1871 this culminated with legislation that combined a number of new requirements into a coherent and unified body of maritime safety laws. At the time of the adoption of the Revised Statutes in 1874, a maritime safety code was well established for vessels propelled in whole or in part by steam.
In the more than 100 years since then, as the public recognized the need for vessel safety legislation, primarily as the result of maritime disasters, other classes of vessels were subjected to Federal inspection or regulatory control. These included vessels propelled by gas, fluid, naphtha, or electric motors in 1897; sail vessels and barges carrying passengers for hire in 1898; seagoing barges in 1908; motorboats in 1910; steam vessels owned by the Department of Commerce in 1919; seagoing vessels of 300 gross tons and over on June 20, 1936; all tank vessels carrying flammable or combustible liquid cargo in bulk regardless of size or means of propulsion of June 23, 1936; motorboats again in 1940; all vessels carrying more than six passengers in 1956; tank vessels again in 1978; and offshore supply vessels in 1980. There was also considerable legislation that amended or supplemented these primary maritime safety laws.
The net result has been a patchwork quilt of categories and classifications that requires a tabulation of more than seventy different classes of inspected vessels. This revision gathers into one section of the law all classes of vessels that are subject to inspection and certification without changing the application of present law as to any one class of vessel. The revision does not alter the application of the present law so as to expand inspection requirements to any vessel presently not subject to inspection nor to remove from inspection any vessel that is presently subject to inspection.
Editorial Notes
Amendments
1996—
1986—
§3301. Vessels subject to inspection
The following categories of vessels are subject to inspection under this part:
(1) freight vessels.
(2) nautical school vessels.
(3) offshore supply vessels.
(4) passenger vessels.
(5) sailing school vessels.
(6) seagoing barges.
(7) seagoing motor vessels.
(8) small passenger vessels.
(9) steam vessels.
(10) tank vessels.
(11) fish processing vessels.
(12) fish tender vessels.
(13) Great Lakes barges.
(14) oil spill response vessels.
(15) towing vessels.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3301(1) | 46:391 46:404 |
| 3301(2) | 46:1295f(c) |
| 3301(3) | 46:404–1 |
| 3301(4) | 46:390a 46:391 |
| 3301(5) | 46:390a |
| 3301(6) | 46:395 |
| 3301(7) | 46:367 |
| 3301(8) | 46:390a |
| 3301(9) | 46:362 46:391 46:405 |
| 3301(10) | 46:391a |
Section 3301 lists all classes of vessels that are subject to inspection and certification by the Coast Guard. This section represents one of the sought-after advantages of the bill to simplify access to the provisions of law governing the regulation of vessels. Under the present law, a vessel's inspection status must be determined by examining a table appearing at section 2.01–7A of title 46, Code of Federal Regulations that divides all vessels into more than 70 separate classes.
It is important to note that while the classes of vessels are now limited to ten, there is no prohibition against developing regulations to meet the special needs of various size vessels within any one category. For example, it is expected that the Coast Guard will continue the practice of establishing standards for freight vessels of not more than 100 gross tons and other standards for larger freight vessels.
It should also be noted that a particular vessel can, when engaged in various types of operations, be subject to varying inspection laws. For example, an offshore supply vessel could be classed as a small passenger vessel or a passenger vessel when it operates as a crew boat carrying individuals other than those defined in section 2101(21). If the offshore supply vessel is 500 gross tons and over it would then be subject to inspection as a seagoing motor vessel, a freight vessel, or a passenger vessel.
Editorial Notes
Amendments
2004—Par. (15).
1996—Par. (14).
1992—Par. (13).
1984—Pars. (11), (12).
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Amendment by
Effective Date
Section effective Apr. 15, 1984, see section 2(g)(1) of
Pilot Program
"(1)
"(A) the vessel does not carry any cargo or passengers for hire;
"(B) the vessel does not engage in commercial service, commercial fisheries, or oceanographic research; and
"(C) the vessel does not engage in towing.
"(2)
Small Passenger Vessel Pilot Inspection Program With State of Minnesota
"(a)
"(1) the State plan for the inspection of small passenger vessels meets such requirements as the Secretary may require to ensure the safety and operation of such vessels in accordance with the standards that would apply if the Coast Guard were inspecting such vessels; and
"(2) the State will provide such information obtained through the inspection program to the Secretary annually in such form and in such detail as the Secretary may require.
"(b)
"(c)
"(d)
"(1)
"(2)
"(3)
[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
§3302. Exemptions
(a) A vessel is not excluded from one category only because the vessel is—
(1) included in another category of
(2) excluded by this section from another category of
(b) Except as provided in subsection (c)(3) of this section, a fishing vessel, including a vessel chartered part-time as a fish tender vessel, is exempt from
(c)(1) Except as provided in paragraph (3) of this subsection, a fish processing vessel of not more than 5,000 gross tons as measured under
(2) Except as provided in paragraphs (3) and (4) of this subsection, the following fish tender vessels are exempt from
(A) A vessel of not more than 500 gross tons as measured under
(B) A vessel engaged in the Aleutian trade that is not more than 2,500 gross tons as measured under
(3)(A) A fishing vessel or fish processing vessel is exempt from
(i) that place does not receive weekly common carrier service by water from a place in the United States;
(ii) that place receives such common carrier service and the cargo is of a type not accepted by that common carrier service; or
(iii) the cargo is proprietary cargo owned by the owner of the vessel or any affiliated entity or subsidiary.
(B) A fish tender vessel of not more than 500 gross tons as measured under
(i) that place does not receive weekly common carrier service by water from a place in the United States;
(ii) that place receives such common carrier service and the cargo is of a type not accepted by that common carrier service; or
(iii) the cargo is proprietary cargo owned by the owner of the vessel or any affiliated entity or subsidiary.
(C) In this paragraph, the term "proprietary cargo" means cargo that—
(i) is used by the owner of the vessel or any affiliated entity or subsidiary in activities directly related to fishing or the processing of fish;
(ii) is consumed by employees of the owner of the vessel or any affiliated entity or subsidiary who are engaged in fishing or in the processing of fish; or
(iii) consists of fish or fish products harvested or processed by the owner of the vessel or any affiliated entity or subsidiary.
(D) Notwithstanding the restrictions in subparagraph (B) of this paragraph, vessels qualifying under subparagraph (B) may transport cargo (including fishery-related products) from a place in Alaska receiving weekly common carrier service by water to a final destination in Alaska not receiving weekly service by water from common carriers.
(4) A fish tender vessel is exempt from
(A) is not more than 500 gross tons as measured under
(B) has an incline test performed by a marine surveyor; and
(C) has written stability instructions posted on board the vessel.
(d)(1) A motor vessel of less than 150 gross tons as measured under
(A) southeastern Alaska shoreward of the Boundary Line; or
(B) southeastern Alaska shoreward of the Boundary Line and—
(i) Prince Rupert, British Columbia; or
(ii) waters of Washington shoreward of the Boundary Line, via sheltered waters, as defined in article I of the treaty dated December 9, 1933, between the United States and Canada defining certain waters as sheltered waters.
(2) The transportation authorized under this subsection is limited to and from places not receiving annual weekly transportation service from any part of the United States by an established water common carrier. However, the limitation does not apply to transporting cargo of a character not accepted for transportation by that carrier.
(e) A vessel laid up, dismantled, or out of commission is exempt from inspection.
(f) Section 3301(4) and (8) of this title does not apply to an oceanographic research vessel because it is carrying scientific personnel.
(g)(1) Except when compliance with major structural or major equipment requirements is necessary to remove an especially hazardous condition, an offshore supply vessel is not subject to regulations or standards for those requirements if the vessel—
(A) was operating as an offshore supply vessel before January 2, 1979; or
(B) was contracted for before January 2, 1979, and entered into service as an offshore supply vessel before October 6, 1980.
(2) This subsection does not apply to an offshore supply vessel that is at least 20 years of age.
(h) An offshore supply vessel operating on January 1, 1979, under a certificate of inspection issued by the Secretary, is subject to an inspection standard or requirement only if the standard or requirement could have been prescribed for the vessel under authority existing under law on October 5, 1980.
(i)(1) The Secretary may issue a permit exempting a vessel from any part of the requirements of this part for vessels transporting cargo, including bulk fuel, from one place in Alaska to another place in Alaska only if the vessel—
(A) is not more than 300 gross tons as measured under
(B) is in a condition that does not present an immediate threat to the safety of life or the environment; and
(C) was operating in the waters off Alaska as of June 1, 1976, or the vessel is a replacement for a vessel that was operating in the waters off Alaska as of June 1, 1976, if the vessel being replaced is no longer in service.
(2) Except in a situation declared to be an emergency by the Secretary, a vessel operating under a permit may not transport cargo to or from a place if the cargo could be transported by another commercial vessel that is reasonably available and that does not require exemptions to operate legally or if the cargo could be readily transported by overland routes.
(3) A permit may be issued for a specific voyage or for not more than one year. The permit may impose specific requirements about the amount or type of cargo to be carried, manning, the areas or specific routes over which the vessel may operate, or other similar matters. The duration of the permit and restrictions contained in the permit shall be at the sole discretion of the Secretary.
(4) A designated Coast Guard official who has reason to believe that a vessel issued a permit is in a condition or is operated in a manner that creates an immediate threat to the safety of life or the environment or is operated in a manner that is inconsistent with the terms of the permit, may direct the master or individual in charge to take immediate and reasonable steps to safeguard life and the environment, including directing the vessel to a port or other refuge.
(5) If a vessel issued a permit creates an immediate threat to the safety of life or the environment, or is operated in a manner inconsistent with the terms of the permit or the requirements of paragraph (2) of this subsection, the permit may be revoked. The owner, charterer, managing operator, agent, master, or individual in charge of a vessel issued a permit, that willfully permits the vessel to be operated, or operates, the vessel in a manner inconsistent with the terms of the permit, is liable to the United States Government for a civil penalty of not more than $1,000.
(j) Notwithstanding another provision of this chapter, the Secretary is not required to inspect or prescribe regulations for a nautical school vessel of not more than 15 gross tons as measured under
(1) when used in connection with a course of instruction dealing with any aspect of maritime education or study; and
(2) operated by—
(A) the United States Merchant Marine Academy; or
(B) a State maritime academy assisted under
(k) Only the boiler, engine, and other operating machinery of a steam vessel that is a recreational vessel of not more than 65 feet overall in length are subject to inspection under
(l)(1) The Secretary may issue a permit exempting the following vessels from the requirements of this part for passenger vessels so long as the vessels are owned by nonprofit organizations and operated as nonprofit memorials to merchant mariners:
(A) The steamship John W. Brown (United States official number 242209), owned by Project Liberty Ship Baltimore, Incorporated, located in Baltimore, Maryland.
(B) The steamship Lane Victory (United States official number 248094), owned by the United States Merchant Marine Veterans of World War II, located in San Pedro, California.
(C) The steamship Jeremiah O'Brien (United States official number 243622), owned by the National Liberty Ship Memorial, Inc.
(D) The SS Red Oak Victory (United States official number 249410), owned by the Richmond Museum Association, located in Richmond, California.
(E) The SS American Victory (United States official number 248005), owned by Victory Ship, Inc., of Tampa, Florida.
(F) The LST–325, owned by USS LST Ship Memorial, Incorporated, located in Mobile, Alabama.
(2) The Secretary may issue a permit for a specific voyage or for not more than one year. The Secretary may impose specific requirements about the number of passengers to be carried, manning, the areas or specific routes over which the vessel may operate, or other similar matters.
(3) A designated Coast Guard official who has reason to believe that a vessel operating under this subsection is in a condition or is operated in a manner that creates an immediate threat to life or the environment or is operated in a manner that is inconsistent with this section, may direct the master or individual in charge to take immediate and reasonable steps to safeguard life and the environment, including directing the vessel to a port or other refuge.
(m) A seagoing barge or a Great Lakes barge is not subject to inspection under paragraph (6) or (13) of
(1) a hazardous material as cargo; or
(2) a flammable or combustible liquid, including oil, in bulk.
(n)(1) A seagoing motor vessel is not subject to inspection under
(A) is a recreational vessel (as defined in
(B) does not carry any cargo or passengers for hire; and
(C) is found by the Secretary to comply with large recreational vessel regulations issued by the Secretary.
(2) This subsection shall apply only on and after the effective date of regulations referred to in paragraph (1)(C).
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3302 | 46:367 46:390 46:391(e) 46:404 46:420 46:442 |
Section 3302 does three things. It makes clear that a vessel included in one of the ten categories of vessels subject to inspection is not necessarily excluded from another category of vessel that is subject to inspection. For example, a vessel inspected and certified as a small passenger vessel would, when carrying oil or hazardous materials in bulk as cargo or cargo residue, also have to be inspected as a tank vessel. It makes it clear that a vessel excluded by section 3302 from the requirements of inspection in any one of the ten categories is not necessarily excluded from inspection as a vessel in another category. This section also contains a number of exemptions for certain classes of vessels and for those vessels engaged in a specific trade that have been considered to be of a special circumstance.
Editorial Notes
Amendments
2022—Subsec. (m).
2018—Subsec. (g)(2).
Subsec. (n).
2006—Subsec. (b).
Subsec. (c)(2).
Subsec. (c)(3)(B), (4)(A).
Subsec. (j)(2)(B).
Subsec. (l)(1)(C).
2002—Subsec. (l)(1)(D) to (F).
1999—Subsec. (l)(1)(C).
1996—Subsec. (b).
Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (c)(3).
"(A) when transporting cargo to or from a place in Alaska—
"(i) that place does not receive weekly common carrier service by water from a place in the United States; or
"(ii) the cargo is of a type not accepted by that common carrier service; or
"(B) in the case of a fish tender vessel, the vessel is not engaged in the Aleutian trade."
Subsec. (c)(4)(A).
Subsec. (d)(1).
Subsec. (i)(1)(A).
Subsec. (j).
1993—Subsec. (m).
1990—Subsec. (c)(3), (4).
Subsec. (j)(2)(B).
Subsec. (l).
1986—Subsec. (i)(5).
Subsec. (k).
1984—Subsec. (b).
Subsec. (c).
"(1) Before January 1, 1988, a motor vessel is exempt from
"(A) is a cannery tender or a fishing tender in the salmon or crab fisheries of Alaska, Oregon, and Washington; and
"(B) only carries cargo to or from vessels in those fisheries or a facility used in processing or assembling fishery products, or transports cannery or fishing personnel to or from operating locations.
"(2) Before January 1, 1988, a vessel is exempt from
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by section 602(b) of
Effective Date
Section effective Apr. 15, 1984, see section 2(g)(1) of
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
Vessels Repaired or Retrofitted for Mobile Trade Fair Purposes Deemed Out of Commission
Exemption of Certain Fishing and Fish Processing Vessels
"(a) Except as provided in
"(b) A fish processing vessel entered into service before January 1, 1988, and more than 1,600 gross tons or entered into service after December 31, 1987, and having more than 16 individuals on board primarily employed in the preparation of fish or fish products is exempt from
"(c) As used in subsections (a) and (b) of this section, the terms 'fishing vessel', 'fish processing vessel' and 'fish tender vessel' shall have the meaning given to such terms in
Offshore Supply Vessels; Transition Period for Compliance With Vessel Inspection Provisions
§3303. Reciprocity for foreign vessels
Except as provided in
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3303 | 46:362(a) 46:390c 46:391a(3) |
Section 3303 acknowledges the international concept of comity with respect to recognizing inspection laws and standards for foreign flag vessels that are similar to those of the United States. If a foreign nation is signatory to the International Convention for Safety of Life at Sea, it is presumed to have similar standards. However, reciprocity requirements for foreign flag tank vessels are included in
Editorial Notes
Amendments
2004—
1996—
1992—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Apr. 15, 1984, see section 2(g)(1) of
International Convention for Safety of Life at Sea
For International Conventions for the Safety of Life at Sea to which the United States has been a party, see
§3304. Transporting individuals in addition to crew
(a) A documented vessel transporting cargo that transports not more than 12 individuals in addition to the crew on international voyages, or not more than 16 individuals in addition to the crew on other voyages, is not subject to inspection as a passenger vessel or a small passenger vessel if the vessel is otherwise subject to inspection under this chapter.
(b) Except when subsection (e) of this section applies, before an individual in addition to the crew is transported on a vessel as permitted by this section, the owner, charterer, managing operator, agent, master, or individual in charge of the vessel first shall notify the individual of the presence on board of dangerous articles as defined by law, and of other conditions or circumstances that would constitute a risk of safety to the individual on board.
(c) A privilege authorized by this section applies to a vessel of a foreign country that affords a similar privilege to vessels of the United States in trades not restricted to vessels under its own flag.
(d) A fishing, fish processing, or fish tender vessel that transports not more than 12 individuals employed in the fishing industry in addition to the crew is not subject to inspection as a passenger or small passenger vessel.
(e) The Secretary may by regulation allow individuals in addition to the crew to be transported in an emergency or under
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3304 | 46:390–393 46:882 |
Section 3304 permits the carriage of not more than 12 individuals in addition to the crew on international voyages or not more than 16 individuals in addition to the crew on other voyages without subjecting a documented vessel carrying cargo to the inspection requirements of a passenger vessel. This section permits the bulk of vessels subject to the International Convention for Safety of Life at Sea to carry up to 12 passengers and to permit other cargo vessels, primarily those engaged in the coastwise trade, to carry up to 16 passengers without being categorized as passenger vessels. It also requires that these individuals be notified of the presence of dangerous articles or other conditions or circumstances that constitute a risk of safety. This is of prime importance on tank vessels that carry flammable or hazardous cargoes.
Editorial Notes
Amendments
1986—
Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (e).
1984—Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Apr. 15, 1984, see section 2(g)(1) of
§3305. Scope and standards of inspection
(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
(c) A nautical school vessel operated by a civilian nautical school or by an educational institution under
(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
(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,
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3305 | 46:369 |
| 46:390a | |
| 46:391 | |
| 46:392 | |
| 46:395 | |
| 46:404–1 | |
| 46:405 | |
| 46:406 | |
| 46:407 | |
| 46:408 | |
| 46:660a | |
| 46:881 |
Section 3305 consolidates, at one place, the basic scope of coverage of the inspection process. It is to be noted that the time difference in enactment of various statutes has resulted in some anomalies. Thus, for example, R.S. 4417 (
Section 3305(a) establishes the statutory scope of the Coast Guard's vessel inspection authority and duty. The inspection process shall ensure that a vessel is of suitable structure, equipment, and accommodations, is maintained in an operating condition consistent with safety of life and property, and complies with applicable marine safety laws and regulations.
Subsection (b) requires that defective life preservers and firehose be destroyed in the presence of the inspecting official, normally a qualified Coast Guard marine inspector. The Committee believes that if this equipment is defective for use on an inspected vessel, it should be destroyed so that it cannot be used on an uninspected or recreational vessel.
Subsection (c) provides flexibility in the inspection of various sizes of nautical school vessels.
Editorial Notes
References in Text
The 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
Amendments
2021—Subsec. (d)(3)(B).
2018—Subsec. (d).
2006—Subsec. (a)(2).
2004—Subsec. (a).
Subsec. (a)(4) to (6).
2002—Subsec. (c).
1986—Subsec. (c).
1985—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Apr. 15, 1984, see section 2(g)(1) of
§3306. Regulations
(a) To carry out this part and to secure the safety of individuals and property on board vessels subject to inspection, including covered small passenger vessels (as defined in subsection (n)(5)), the Secretary shall prescribe necessary regulations to ensure the proper execution of, and to carry out, this part in the most effective manner for—
(1) the design, construction, alteration, repair, and operation of those vessels, including superstructures, hulls, fittings, equipment, appliances, propulsion machinery, auxiliary machinery, boilers, unfired pressure vessels, piping, electric installations, and accommodations for passengers and crew, sailing school instructors, and sailing school students;
(2) lifesaving equipment and its use;
(3) firefighting equipment, its use, and precautionary measures to guard against fire;
(4) inspections and tests related to paragraphs (1), (2), and (3) of this subsection; and
(5) the use of vessel stores and other supplies of a dangerous nature, including rechargeable devices utilized for personal or commercial electronic equipment.
(b)(1) Equipment and material subject to regulation under this section may not be used on any vessel without prior approval of the Secretary.
(2) Except with respect to use on a public vessel, the Secretary may treat an approval of equipment or materials by a foreign government as approval by the Secretary for purposes of paragraph (1) if the Secretary determines that—
(A) the design standards and testing procedures used by that government meet the requirements of the International Convention for the Safety of Life at Sea, 1974;
(B) the approval of the equipment or material by the foreign government will secure the safety of individuals and property on board vessels subject to inspection; and
(C) for lifesaving equipment, the foreign government—
(i) has given equivalent treatment to approvals of lifesaving equipment by the Secretary; and
(ii) otherwise ensures that lifesaving equipment approved by the Secretary may be used on vessels that are documented and subject to inspection under the laws of that country.
(c) In prescribing regulations for sailing school vessels, the Secretary shall consult with representatives of the private sector having experience in the operation of vessels likely to be certificated as sailing school vessels. The regulations shall—
(1) reflect the specialized nature of sailing school vessel operations, and the character, design, and construction of vessels operating as sailing school vessels; and
(2) include requirements for notice to sailing school instructors and sailing school students about the specialized nature of sailing school vessels and applicable safety regulations.
(d) In prescribing regulations for nautical school vessels operated by the United States Merchant Marine Academy or by a State maritime academy (as defined in
(e) When the Secretary finds it in the public interest, the Secretary may suspend or grant exemptions from the requirements of a regulation prescribed under this section related to lifesaving and firefighting equipment, muster lists, ground tackle and hawsers, and bilge systems.
(f) In prescribing regulations for offshore supply vessels, the Secretary shall consider the characteristics, methods of operation, and the nature of the service of offshore supply vessels.
(g) In prescribing regulations for fish processing or fish tender vessels, the Secretary shall consult with representatives of the private sector having experience in the operation of these vessels. The regulations shall reflect the specialized nature and economics of fish processing or fish tender vessel operations and the character, design, and construction of fish processing or fish tender vessels.
(h) The Secretary shall establish appropriate structural fire protection, manning, operating, and equipment requirements for vessels of at least 100 gross tons but less than 300 gross tons as measured under
(i) The Secretary shall establish appropriate structural fire protection, manning, operating, and equipment requirements for former public vessels of the United States of at least 100 gross tons but less that 500 gross tons as measured under
(j) The Secretary may establish by regulation a safety management system appropriate for the characteristics, methods of operation, and nature of service of towing vessels.
(k)(1) Each vessel of the United States that is constructed under a contract entered into after the date of enactment of the Maritime Safety Act of 2010, or that is delivered after January 1, 2011, with an aggregate capacity of 600 cubic meters or more of oil fuel, shall comply with the requirements of Regulation 12A under Annex I to the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973, entitled "Oil Fuel Tank Protection".
(2) The Secretary may prescribe regulations to apply the requirements described in Regulation 12A to vessels described in paragraph (1) that are not otherwise subject to that convention. Any such regulation shall be considered to be an interpretive rule for the purposes of
(3) In this subsection the term "oil fuel" means any oil used as fuel in connection with the propulsion and auxiliary machinery of the vessel in which such oil is carried.
(l)(1) The Secretary shall require that a freight vessel inspected under this chapter be outfitted with distress signaling and location technology for the higher of—
(A) the minimum complement of officers and crew specified on the certificate of inspection for such vessel; or
(B) the number of persons onboard the vessel; and
(2) the requirement described in paragraph (1) shall not apply to vessels operating within the baseline from which the territorial sea of the United States is measured.
(m)(1) The Secretary shall promulgate regulations requiring companies to maintain records of all incremental weight changes made to freight vessels inspected under this chapter, and to track weight changes over time to facilitate rapid determination of the aggregate total.
(2) Records maintained under paragraph (1) shall be stored, in paper or electronic form, onboard such vessels for not less than 3 years and shoreside for the life of the vessel.
(n)
(1)
(2)
(3)
(A)
(i) marine firefighting training programs to improve crewmember training and proficiency, including emergency egress training for each member of the crew, to occur for all members on the crew—
(I) at least monthly while such members are employed on board the vessel; and
(II) each time a new crewmember joins the crew of such vessel;
(ii) in all areas on board the vessel where passengers and crew have access, including dining areas, sleeping quarters, and lounges—
(I) interconnected fire detection equipment, including audible and visual alarms; and
(II) additional fire extinguishers and other firefighting equipment;
(iii) the installation and use of monitoring devices to ensure the wakefulness of the required night watch;
(iv) increased fire detection and suppression systems (including additional fire extinguishers) on board such vessels in unmanned areas with machinery or areas with other potential heat sources;
(v) all general areas accessible to passengers to have no less than 2 independent avenues of escape that are—
(I) constructed and arranged to allow for free and unobstructed egress from such areas;
(II) located so that if one avenue of escape is not available, another avenue of escape is available; and
(III) not located directly above, or dependent on, a berth;
(vi) the handling, storage, and operation of flammable items, such as rechargeable batteries, including lithium ion batteries utilized for commercial purposes on board such vessels;
(vii) passenger emergency egress drills for all areas on the vessel to which passengers have access, which shall occur prior to the vessel beginning each excursion; and
(viii) all passengers to be provided a copy of the emergency egress plan for the vessel.
(B)
(4)
(A)
(B)
(5)
(A) except as provided in subparagraph (B), means a small passenger vessel (as defined in section 2101) that—
(i) has overnight passenger accommodations; or
(ii) is operating on a coastwise or oceans route; and
(B) does not include a ferry (as defined in section 2101) or fishing vessel (as defined in section 2101).
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3306 | 46:366 |
| 46:369 | |
| 46:375 | |
| 46:390b | |
| 46:392 | |
| 46:404 | |
| 46:408 | |
| 46:411 | |
| 46:412 | |
| 46:416 | |
| 46:420 | |
| 46:445 | |
| 46:459 | |
| 46:473 | |
| 46:477 | |
| 46:478 | |
| 46:479 | |
| 46:481 | |
| 46:482 | |
| 46:483 | |
| 46:489 | |
| 46:526p | |
| 46:1295f(c) |
Section 3306 contains broad authority to prescribe regulations for the proper inspection and certification of vessels. It provides regulatory flexibility for meeting technological changes. The section also permits flexibility in prescribing regulations for nautical school vessels operated by the United States Merchant Marine Academy or by a State maritime academy. The Secretary may suspend or grant exemptions to certain limited inspection requirements when the Secretary finds that this is necessary in the public interest. It also contains the requirement that in regulating offshore supply vessels consideration must be given to the special nature of their operations.
Editorial Notes
References in Text
The date of enactment of the Maritime Safety Act of 2010, referred to in subsec. (k)(1), is the date of enactment of title VI of
The date of enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020, referred to in subsec. (n)(2), is the date of enactment of div. G of
Amendments
2021—Subsec. (a).
Subsec. (a)(5).
Subsec. (n).
2018—Subsec. (i).
Subsecs. (l), (m).
2010—Subsec. (k).
2006—Subsec. (d).
2004—Subsec. (j).
1996—Subsec. (a)(4).
Subsec. (b).
Subsec. (h).
Subsec. (i).
1993—Subsecs. (h), (i).
1984—Subsec. (g).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Apr. 15, 1984, see section 2(g)(1) of
Small Passenger Vessels With Overnight Accommodations
"(1)
"(A)
"(B)
"(C)
"(2)
"(3)
"(4)
"(A) is engaged in 'charter fishing' as such term is defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (
"(B) has overnight accommodations for passengers."
Regulations
"(b) The Secretary of Transportation shall, within twenty-four months of the date of enactment of this Act [Dec. 20, 1993], prescribe regulations establishing the structural fire protection, manning, operating, and equipment requirements for vessels which meet the requirements of subsections (h) and (i) of
"(c) Before the Secretary of Transportation prescribes regulations under subsections (h) and (i) of
Deadlines for Implementation of Distress Signaling and Location Technology Requirement and Promulgation of Incremental Weight Change Records Regulations
"(A) begin implementing the requirement under
"(B) promulgate the regulations required under
[For definition of "Secretary" as used in section 206(a)(2) of
Oil Spill Response; Exceptions to Regulations for Towing Vessels
"(a)
"(1) an oil spill response vessel, or a vessel of opportunity, while such vessel is—
"(A) towing boom for oil spill response; or
"(B) participating in an oil response exercise; and
"(2) a fishing vessel while that vessel is operating as a vessel of opportunity.
"(b)
"(c)
"(1)
"(2)
[For definition of "Secretary" as used in section 11316 of
Requirements for DUKW Amphibious Passenger Vessels
"(a)
"(1)
"(2)
"(b)
"(1) A requirement that operators of DUKW amphibious passenger vessels provide reserve buoyancy for such vessels through passive means, including watertight compartmentalization, built-in flotation, or such other means as determined appropriate by the Commandant, in order to ensure that such vessels remain afloat and upright in the event of flooding, including when carrying a full complement of passengers and crew.
"(2) An identification, in consultation with the Under Secretary of Commerce for Oceans and Atmosphere, of limiting environmental conditions, such as weather, in which DUKW amphibious passenger vessels may safely operate and a requirement that such limiting conditions be described in the certificate of inspection of each DUKW amphibious passenger vessel.
"(3) Requirements that an operator of a DUKW amphibious passenger vessel—
"(A) proceed to the nearest harbor or safe refuge in any case in which a watch or warning is issued for wind speeds exceeding the wind speed equivalent used to certify the stability of such DUKW amphibious passenger vessel; and
"(B) maintain and monitor a weather monitor radio receiver at the operator station of the vessel that is automatically activated by the warning alarm device of the National Weather Service.
"(4) A requirement that—
"(A) operators of DUKW amphibious passenger vessels inform passengers that seat belts may not be worn during waterborne operations;
"(B) before the commencement of waterborne operations, a crew member shall visually check that the seatbelt of each passenger is unbuckled; and
"(C) operators or crew maintain a log recording the actions described in subparagraphs (A) and (B).
"(5) A requirement for annual training for operators and crew of DUKW amphibious passenger vessels, including—
"(A) training for personal flotation and seat belt requirements, verifying the integrity of the vessel at the onset of each waterborne departure, identification of weather hazards, and use of National Weather Service resources prior to operation; and
"(B) training for crew to respond to emergency situations, including flooding, engine compartment fires, man-overboard situations, and in water emergency egress procedures.
"(c)
"(d)
"(e)
"(f)
"(1) Remove the canopies and any window coverings of such vessels for waterborne operations, or install in such vessels a canopy that does not restrict horizontal or vertical escape by passengers in the event of flooding or sinking.
"(2) If a canopy and window coverings are removed from any such vessel pursuant to paragraph (1), require that all passengers wear a personal flotation device approved by the Coast Guard before the onset of waterborne operations of such vessel.
"(3) Reengineer such vessels to permanently close all unnecessary access plugs and reduce all through-hull penetrations to the minimum number and size necessary for operation.
"(4) Install in such vessels independently powered electric bilge pumps that are capable of dewatering such vessels at the volume of the largest remaining penetration in order to supplement an operable Higgins pump or a dewatering pump of equivalent or greater capacity.
"(5) Install in such vessels not fewer than 4 independently powered bilge alarms.
"(6) Conduct an in-water inspection of any such vessel after each time a through-hull penetration of such vessel has been removed or uncovered.
"(7) Verify through an in-water inspection the watertight integrity of any such vessel at the outset of each waterborne departure of such vessel.
"(8) Install underwater LED lights that activate automatically in an emergency.
"(9) Otherwise comply with any other provisions of relevant Coast Guard guidance or instructions in the inspection, configuration, and operation of such vessels.
"(g)
"(h)
"(1)
"(2)
Historic Wood Sailing Vessels
"(a)
"(1)
"(2)
"(A) An assessment of the compliance, as of the date on which the report is submitted under paragraph (1), of historic wood sailing vessels with
"(B) An assessment of the safety record of historic wood sailing vessels.
"(C) An assessment of any risk that modifying the requirements under such section would have on the safety of passengers and crew of historic wood sailing vessels.
"(D) An evaluation of the economic practicability of requiring the compliance of historic wood sailing vessels with such section and whether such compliance would meaningfully improve safety of passengers and crew in a manner that is both feasible and economically practicable.
"(E) Any recommendations to improve safety in addition to, or in lieu of, applying such section to historic wood sailing vessels.
"(F) Any other recommendations as the Comptroller General determines are appropriate with respect to the applicability of such section to historic wood sailing vessels.
"(G) An assessment to determine if historic wood sailing vessels could be provided an exemption to such section and the changes to legislative or rulemaking requirements, including modifications to section 177.500(q) of title 46, Code of Federal Regulations (as in effect on the date of enactment of this Act [Dec. 23, 2022]), that are necessary to provide the Commandant [of the Coast Guard] the authority to make such exemption or to otherwise provide for such exemption.
"(b)
"(1) the National Transportation Safety Board;
"(2) the Coast Guard; and
"(3) the maritime industry, including relevant federally funded research institutions, nongovernmental organizations, and academia.
"(c)
"(d)
"(1)
"(A) determines that it is technically infeasible for the historic wood sailing vessel to comply with the requirements described in
"(B) approves the alternative arrangements proposed for the historic wood sailing vessel in accordance with paragraph (2).
"(2)
"(e)
"(f)
"(g)
"(1)
"(A) Adventuress (Official Number 210877).
"(B) American Eagle (Official Number 229913).
"(C) Angelique (Official Number 623562).
"(D) Heritage (Official Number 649561).
"(E) J & E Riggin (Official Number 226422).
"(F) Ladona (Official Number 222228).
"(G) Lady Washington (Official Number 944970).
"(H) Lettie G. Howard (Official Number 222838).
"(I) Lewis R. French (Official Number 015801).
"(J) Mary Day (Official Number 288714).
"(K) Stephen Taber (Official Number 115409).
"(L) Victory Chimes (Official Number 136784).
"(M) Grace Bailey (Official Number 085754).
"(N) Mercantile (Official Number 214388).
"(O) Mistress (Official Number 509004).
"(P) Wendameen (Official Number 210173).
"(2)
"(A) has overnight passenger accommodations;
"(B) is a wood sailing vessel;
"(C) has a hull constructed of wood;
"(D) is principally equipped for propulsion by sail, even if the vessel has an auxiliary means of production;
"(E) has no fewer than three masts; and
"(F) was constructed before 1986."
Alcohol at Sea
"(a)
"(b)
"(1) take into account the safety and security of every individual on the vessel;
"(2) take into account reported incidences of sexual harassment or sexual assault, as defined in
"(3) provide any appropriate recommendations for any changes to laws, regulations, or employer policies.
"(c)
"(d)
"(1) shall, not later than 180 days after receiving the submission of the assessment under subsection (c), review the changes to regulations recommended in such assessment; and
"(2) taking into account the safety and security of every individual on vessels of the United States engaged in commercial service, may issue regulations relating to alcohol consumption on such vessels.
"(e)
"(1) the owner or operator of a vessel from imposing additional restrictions on the consumption of alcohol, including the prohibition of the consumption of alcohol on such vessels; and
"(2) possession of alcohol associated with the commercial sale to individuals aboard the vessel who are not crew members.
"(f)
"(1) containing the rationale for not issuing such regulations; and
"(2) providing other recommendations as necessary to ensure safety at sea."
[For definition of "Secretary" as used in section 11606 of
Negotiations To Amend International Regulations Related to Vessel Equipment
Towing Vessels
["Secretary" as used in section 701(c) of
Foreign Approvals
International Convention for Safety of Life at Sea
For International Conventions for the Safety of Life at Sea to which the United States has been a party, see
§3307. Frequency of inspection
Each vessel subject to inspection under this part shall undergo an initial inspection for certification before being put into service. After being put into service—
(1) each passenger vessel, nautical school vessel, and small passenger vessel allowed to carry more than 12 passengers on a foreign voyage shall be inspected at least once a year; and
(2) any other vessel shall be inspected at least once every 5 years.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3307(1) | 46:391(c) 46:1295f(c) |
| 3307(2) | 46:390a(a) 46:404–1(6)(i) |
| 3307(3) | 46:391(b) 46:392(b) 46:404–1(6)(ii) |
Section 3307 requires each vessel subject to inspection to undergo an initial inspection prior to being placed in service. This is normally started during the construction or reconstruction phase and is a continuing process until final certification for operation in a particular trade. Subsequent periodic inspections are also required for various types of vessels. It is to be noted that a freight vessel of less than 100 gross tons shall be inspected at 3 year intervals while the larger freight vessel has a 2 year inspection period. This is being done to retain the existing procedure of issuing 3 year certificates of inspection to smaller vessels, however, this does not prevent periodic inspections or examinations at intervening periods.
Editorial Notes
Amendments
1996—Par. (1).
Pars. (2), (3).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Apr. 15, 1984, see section 2(g)(1) of
§3308. Examinations
In addition to inspections required by
(1) each vessel subject to inspection at proper times to ensure compliance with law and regulations; and
(2) crewmember accommodations on each vessel subject to inspection at least once a month or when the vessel enters United States ports to ensure that the accommodations are—
(A) of the size required by law and regulations;
(B) properly ventilated and in a clean and sanitary condition; and
(C) equipped with proper plumbing and mechanical appliances required by law and regulations, and the appliances are in good working condition.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3308 | 46:435 46:660a 46:660b |
Section 3308 requires the Secretary to carry out additional inspections as might be necessary to ensure compliance with applicable laws and regulations, and to ensure that accommodations are maintained in a sanitary condition and that all appliances are in good working order.
Editorial Notes
Amendments
1996—
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Apr. 15, 1984, see section 2(g)(1) of
§3309. Certificate of inspection
(a) When an inspection under
(b) The Secretary may issue a temporary certificate of inspection in place of a regular certificate of inspection issued under subsection (a) of this section.
(c) At least 30 days before the current certificate of inspection issued to a vessel under subsection (a) of this section expires, the owner, charterer, managing operator, agent, master, or individual in charge of the vessel shall submit to the Secretary in writing a notice that the vessel—
(1) will be required to be inspected; or
(2) will not be operated so as to require an inspection.
(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.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3309 | 46:390c 46:391a(8) 46:395(d) 46:399 |
Section 3309 provides for the issuance of a certificate of inspection that attests to the fact that the vessel has been found to be in compliance with the applicable maritime safety laws and regulations. Under this provision the Coast Guard can issue a temporary certificate of inspection upon compliance with the applicable laws or regulations to facilitate the preparation, processing, and forwarding of the regular certificate of inspection to the vessel. A temporary certificate does not imply less than satisfactory compliance.
Editorial Notes
Amendments
2010—Subsec. (d).
1996—Subsec. (c).
1984—Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Amendment by
Effective Date
Section effective Apr. 15, 1984, see section 2(g)(1) of
§3310. Records of certification
The Secretary shall keep records of certificates of inspection of vessels and of all acts in the examination and inspection of vessels, whether of approval or disapproval.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3310 | 46:414 |
Section 3310 contains the requirement for maintaining inspection records.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Apr. 15, 1984, see section 2(g)(1) of
§3311. Certificate of inspection required
(a) Except as provided in subsection (b), a vessel subject to inspection under this part may not be operated without having on board a certificate of inspection issued under
(b) The Secretary may direct the owner, charterer, managing operator, agent, master, or individual in charge of a vessel subject to inspection under this chapter and not having on board a certificate of inspection—
(1) to have the vessel proceed to mooring and remain there until a certificate of inspection is issued;
(2) to take immediate steps necessary for the safety of the vessel, individuals on board the vessel, or the environment; or
(3) to have the vessel proceed to a place to make repairs necessary to obtain a certificate of inspection.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3311 | 46:390c 46:395 46:399 |
Section 3311 prohibits the operation of a vessel subject to inspection without having on board a valid certificate of inspection.
Editorial Notes
Amendments
1984—
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Apr. 15, 1984, see section 2(g)(1) of
§3312. Display of certificate of inspection
The certificate of inspection issued to a vessel under
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3312 | 46:400 |
Section 3312 requires the conspicuous display of the certificate of inspection to provide notice that the vessel is in compliance with applicable maritime safety laws and regulations. The section also applies to the posting of the temporary certificate of inspection.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Apr. 15, 1984, see section 2(g)(1) of
§3313. Compliance with certificate of inspection
(a) During the term of a vessel's certificate of inspection, the vessel must be in compliance with its conditions, unless relieved by a suspension or an exemption granted under
(b) When a vessel is not in compliance with its certificate or fails to meet a standard prescribed by this part or a regulation prescribed under this part—
(1) the owner, charterer, managing operator, agent, master, or individual in charge shall be ordered in writing to correct the noted deficiencies promptly;
(2) the Secretary may permit any repairs to be made at a place most convenient to the owner, charterer, or managing operator when the Secretary decides the repairs can be made with safety to those on board and the vessel;
(3) the vessel may be required to cease operating at once; and
(4) if necessary, the certificate shall be suspended or revoked.
(c) The vessel's certificate of inspection shall be revoked if a condition unsafe to life that is ordered to be corrected under this section is not corrected at once.
(d) The owner, charterer, managing operator, agent, master, or individual in charge of a vessel whose certificate has been suspended or revoked shall be given written notice immediately of the suspension or revocation. The owner or master may appeal to the Secretary the suspension or revocation within 30 days of receiving the notice, as provided by regulations prescribed by the Secretary.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3313 | 46:390c 46:391a(8) 46:435 |
Section 3313 requires a vessel to be maintained in a condition so as to always be in compliance with the applicable laws and regulations. Here the master, owner, or other responsible party is required to maintain the vessel to inspection standards and to correct all deficiencies observed. When a vessel is not in compliance with its certificate the responsible parties shall be ordered in writing to correct the deficiencies promptly. The section provides flexibility as to when and where these deficiencies may be corrected consistent with the safety of the vessel and crew. The section provides authority to require the vessel to cease operating or, if necessary, to suspend or revoke its certificate of inspection when found not to be in compliance with its certificate or regulations. The owner or master, or other responsible party must be given written notice and may appeal this action within 30 days of receiving the notice.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Apr. 15, 1984, see section 2(g)(1) of
§3314. Expiration of certificate of inspection
(a) If the certificate of inspection of a vessel expires when the vessel is on a foreign voyage, the vessel may complete the voyage to a port of the United States within 30 days of the expiration of the certificate without incurring the penalties for operating without a certificate of inspection.
(b) If the certificate of inspection would expire within 15 days of sailing on a foreign voyage from a United States port, the vessel shall secure a new certificate of inspection before sailing, unless the voyage is scheduled to be completed prior to the expiration date of the certificate. If a voyage scheduled to be completed in that time is not so completed, the applicable penalties may be enforced unless the failure to meet the schedule was beyond the control of the owner, charterer, managing operator, agent, master, or individual in charge of the vessel.
(c) When the certificate of inspection of a foreign vessel carrying passengers, operated on a regularly established line, expires at sea after leaving the country to which it belongs or when the vessel is in the United States, the Secretary may permit the vessel to sail on its regular route without further inspection than would have been required had the certificate not expired. This permission applies only when the vessel will be regularly inspected and issued a certificate before the vessel's next return to the United States.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3314 | 46:362 46:399 |
Section 3314 contains the procedures for when a vessel's certificate of inspection expires while on a foreign voyage.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Apr. 15, 1984, see section 2(g)(1) of
§3315. Disclosure of defects and protection of informants
(a) Each individual licensed under part E of this subtitle shall assist in the inspection or examination under this part of the vessel on which the individual is serving, and shall point out defects and imperfections known to the individual in matters subject to regulations and inspection. The individual also shall make known to officials designated to enforce this part, at the earliest opportunity, any marine casualty producing serious injury to the vessel, its equipment, or individuals on the vessel.
(b) An official may not disclose the name of an individual providing information under this section, or the source of the information, to a person except a person authorized by the Secretary. An official violating this subsection is liable to disciplinary action under applicable law.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3315 | 46:234 |
Section 3315 requires an individual holding a license issued by the Coast Guard to assist inspection authorities and to make defects and imperfections known to those authorities. Anyone licensed also has a duty to report any marine casualty producing serious injury to the vessel, its equipment, or individuals on board the vessel. These licensed individuals who have this statutorily imposed duty to disclose are also protected by prohibiting any government official from disclosing the identity or source of the information except as authorized by the Secretary.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Apr. 15, 1984, see section 2(g)(1) of
Anonymous Safety Alert System
"(a)
"(b)
§3316. Classification societies
(a) Each department, agency, and instrumentality of the United States Government shall recognize the American Bureau of Shipping as its agent in classifying vessels owned by the Government and in matters related to classification, as long as the Bureau is maintained as an organization having no capital stock and paying no dividends. The Secretary and the Secretary of Transportation each shall appoint one representative (except when the Secretary is the Secretary of Transportation, in which case the Secretary shall appoint both representatives) who shall represent the Government on the executive committee of the Bureau. The Bureau shall agree that the representatives shall be accepted by it as active members of the committee. The representatives shall serve without compensation, except for necessary traveling expenses.
(b)(1) The Secretary may delegate to the American Bureau of Shipping or another classification society recognized by the Secretary as meeting acceptable standards for such a society, for a vessel documented or to be documented under
(A) review and approve plans required for issuing a certificate of inspection required by this part;
(B) conduct inspections and examinations; and
(C) issue a certificate of inspection required by this part and other related documents.
(2) The Secretary may make a delegation under paragraph (1) to a foreign classification society only—
(A) to the extent that the government of the foreign country in which the society is headquartered delegates authority and provides access to the American Bureau of Shipping to inspect, certify, and provide related services to vessels documented in that country;
(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 Secretary's delegate—
(A) shall maintain in the United States complete files of all information derived from or necessarily connected with the inspection or examination for at least 2 years after the vessel ceases to be certified; and
(B) shall permit access to those files at all reasonable times to any officer, employee, or member of the Coast Guard designated—
(i) as a marine inspector and serving in a position as a marine inspector; or
(ii) in writing by the Secretary to have access to those files.
(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 (
(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 delegates that authority to the American Bureau of Shipping; 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
(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 (
(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 2.45–1 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) 1 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.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3316 | 46:9 (less (c)) 46:369 46:881 |
Section 3316 prescribes the relationship between certain classification societies and the Federal Government with respect to the promotion of maritime safety and the security of life and property at sea. Briefly stated, a classification society, like the American Bureau of Shipping (ABS), establishes and administers standards for the design, construction, and periodic survey of commercial vessels, yachts, and other marine structures. Classification certifies adherence to these standards, thus representing that a vessel or structure possesses the structural and mechanical fitness required for its intended service.
The section requires that a Federal department, agency, or instrumentality recognize the American Bureau of Shipping as its agent for classing vessels owned by the Federal Government and in any matters related to classification. In effect, the ABS has a statutory monopoly on classing vessels of the United States Government. Additionally, the section contains the authority to permit the Secretary to rely on reports, documents, and certificates issued by a classification society that is similar to the American Bureau of Shipping. However, a "similar classification society" continues to mean one that is organized like the American Bureau of Shipping with attendant governmental representation.
Editorial Notes
References in Text
The 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
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
Section 6(j) of the Export Administration Act of 1979, referred to in subsec. (h), was classified to
The International Emergency Economic Powers Act, referred to in subsec. (h), is title II of
Section 620A of the Foreign Assistance Act of 1961, referred to in subsec. (h), is classified to
Section 40 of the Arms Export Control Act, referred to in subsec. (h), is classified to
Amendments
2018—Subsecs. (g), (h).
2014—Subsecs. (f), (g).
2012—Subsec. (b)(2)(C).
Subsec. (d)(2)(C).
Subsecs. (e), (f).
2010—Subsec. (c).
"(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).
2004—Subsec. (c).
1996—
Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2004 Amendment
Effective Date
Section effective Apr. 15, 1984, see section 2(g)(1) of
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
Deadline for Establishment of Recognized Organization Oversight Office
Review of Authorities Delegated to Recognized Organizations for Alternative Compliance Program
"(a)
"(b)
[For definition of "recognized organizations" as used in section 219 of
1 See References in Text note below.
§3317. Fees
(a) The Secretary may prescribe by regulation fees for inspecting or examining a small passenger vessel or a sailing school vessel.
(b) When an inspection or examination under this part of a documented vessel or a foreign vessel is conducted at a foreign port or place at the request of the owner or managing operator of the vessel, the owner or operator shall reimburse the Secretary for the travel and subsistence expenses incurred by the personnel assigned to perform the inspection or examination. Amounts received as reimbursement for these expenses shall be credited to the appropriation for operations and support of the Coast Guard.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3317 | 46:390a(b) 46:382b–1 |
Section 3317 provides the regulatory authority for prescribing fees for the inspection of small passenger vessels and sailing school vessels. Although section 2110 generally prohibits fees of this nature, this provision is consistent with the exception that permits specific statutory authorization for fee collection. Subsection (b) requires the reimbursement of expenses for the conduct of an inspection or examination at a foreign port or place when done there for the convenience of the owner or operator of the vessel.
Editorial Notes
Amendments
2021—Subsec. (b).
1992—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Apr. 15, 1984, see section 2(g)(1) of
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
§3318. Penalties
(a) Except as otherwise provided in this part, the owner, charterer, managing operator, agent, master, or individual in charge of a vessel operated in violation of this part or a regulation prescribed under this part, and a person violating a regulation that applies to a small passenger vessel, freight vessel of less than 100 gross tons as measured under
(b)(1) A person that knowingly manufactures, sells, offers for sale, or possesses with intent to sell, any equipment subject to this part, and the equipment is so defective as to be insufficient to accomplish the purpose for which it is intended, commits a class D felony.
(2) A person commits a class D felony if the person—
(A) alters or services lifesaving, fire safety, or any other equipment subject to this part for compensation; and
(B) by that alteration or servicing, intentionally renders that equipment unsafe and unfit for the purpose for which it is intended.
(c) A person that employs a means or device whereby a boiler may be subjected to a pressure greater than allowed by the terms of the vessel's certificate of inspection commits a class D felony.
(d) A person that deranges or hinders the operation of any machinery or device employed on a vessel to denote the state of steam or water in any boiler or to give warning of approaching danger, or permits the water level of any boiler when in operation of a vessel to fall below its prescribed low-water line, commits a class D felony.
(e) A person that alters, defaces, obliterates, removes, or destroys any plans or specifications required by and approved under a regulation prescribed under
(f) A person commits a class D felony if the person—
(1) forges or counterfeits with intent to make it appear genuine any mark or stamp prescribed for material to be tested and approved under
(2) knowingly uses, affixes, or causes to be used or affixed, any such forged or counterfeited mark or stamp to or on material of any description;
(3) with fraudulent intent, possesses any such mark, stamp, or other device knowing it to be forged or counterfeited; or
(4) with fraudulent intent, marks or causes to be marked with the trademark or name of another, material required to be tested and approved under
(g) A person is liable to the Government for a civil penalty of not more than $5,000, if the person—
(1) interferes with the inspection of a nautical school vessel;
(2) violates a regulation prescribed for a nautical school vessel;
(3) is an owner of a nautical school vessel operated in violation of this part; or
(4) is an officer or member of the board of directors of a school, organization, association, partnership, or corporation owning a nautical school vessel operated in violation of a regulation prescribed for a nautical school vessel.
(h) An owner, charterer, managing operator, agent, master, or individual in charge of a vessel that fails to give the notice required by
(i) A person violating
(j)(1) An owner, charterer, managing operator, agent, master, or individual in charge of a vessel required to be inspected under this chapter operating the vessel without the certificate of inspection is liable to the Government for a civil penalty of not more than $10,000 for each day during which the violation occurs, except when the violation involves operation of a vessel of less than 1,600 gross tons as measured under
(2) A person is not liable for a penalty under this subsection if—
(A) the owner, charterer, managing operator, agent, master, or individual in charge of the vessel has notified the Secretary under
(B) the owner, charterer, managing operator, agent, master, or individual in charge of the vessel has complied with all other directions and requirements for obtaining an inspection under this part; and
(C) the Secretary believes that unforeseen circumstances exist so that it is not feasible to conduct a scheduled inspection before the expiration of the certificate of inspection.
(k) The owner, charterer, managing operator, agent, master, or individual in charge of a vessel failing to comply with a direction issued by the Secretary under
(l) A person committing an act described by subsections (b)–(f) of this section is liable to the Government for a civil penalty of not more than $5,000. If the violation involves the operation of a vessel, the vessel also is liable in rem for the penalty.
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3318 | 46:369(e) 46:390d 46:398 46:403 46:407 46:408 46:410 46:413 46:436 46:481(d) 46:1295f(d)(2), (3) |
Section 3318 provides for a number of specific civil and criminal penalties.
Editorial Notes
Amendments
2006—Subsec. (f).
1996—Subsec. (a).
Subsec. (b)(1).
Subsec. (j)(1).
1990—Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
1986—Subsec. (f).
1984—Subsec. (a).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
Subsec. (g).
Subsec. (h).
Subsecs. (i) to (l).
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by
Effective Date
Section effective Apr. 15, 1984, see section 2(g)(1) of