dreamproit/uscode huggingface dataset:
46 U.S.C. § 2304 (SHIPPING)
§ 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.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 509; Pub. L. 109–304, § 15(8), Oct. 6, 2006, 120 Stat. 1703.)
text: Historical and Revision Notes
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.
heading: Amendments
text: 2006—Subsec. (a). Pub. L. 109–304 designated existing provisions as par. (1) and added par. (2).
46 U.S.C. § 2305 (SHIPPING)
§ 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.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 509.)
text: Historical and Revision Notes
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.
46 U.S.C. § 2306 (SHIPPING)
§ 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 section 50113 of this title has received a communication from the vessel, the owner, charterer, managing operator, or agent immediately shall—
(A) notify the Coast Guard; and
(B) use all available means to determine the status of the vessel.
(3) A person notifying the Coast Guard under paragraph (1) or (2) of this subsection shall 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. The owner, charterer, managing operator, or agent also shall submit written confirmation to the Coast Guard within 24 hours after nonwritten notification to the Coast Guard under those 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 Pub. L. 98–498, title II, § 212(a)(3), Oct. 19, 1984, 98 Stat. 2305; amended Pub. L. 109–304, § 15(9), Oct. 6, 2006, 120 Stat. 1703.)
heading: Amendments
text: 2006—Subsec. (a)(2). Pub. L. 109–304 substituted “section 50113 of this title” for “section 212(A) of the Merchant Marine Act, 1936 (46 App. U.S.C. 1122a),”.
heading: Effective Date
text: Pub. L. 98–498, title II, § 214, Oct. 19, 1984, 98 Stat. 2306, provided that: “Sections 211(a) and 212 of this subtitle [enacting this section and amending sections 2302, 3309, 6101, and 6103 of this title] are effective one hundred and eighty days after the date of enactment of this Act [Oct. 19, 1984].”
heading: Transfer of Functions
text: For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
46 U.S.C. § 2307 (SHIPPING)
§ 2307. Limitation of liability for Coast Guard Vessel Traffic Service pilots and non-Federal vessel traffic service operators
(a) Coast Guard Vessel Traffic Service Pilots.—
Any pilot, acting in the course and scope of his or her duties while at a United States Coast Guard Vessel Traffic Service, who provides information, advice, or communication assistance while under the supervision of a Coast Guard officer, member, or employee shall not be liable for damages caused by or related to such assistance unless the acts or omissions of such pilot constitute gross negligence or willful misconduct.
(b) Non-Federal Vessel Traffic Service Operators.—
An entity operating a non-Federal vessel traffic information service or advisory service pursuant to a duly executed written agreement with the Coast Guard, and any pilot acting on behalf of such entity, is not liable for damages caused by or related to information, advice, or communication assistance provided by such entity or pilot while so operating or acting unless the acts or omissions of such entity or pilot constitute gross negligence or willful misconduct.
(Added Pub. L. 107–295, title IV, § 431(a), Nov. 25, 2002, 116 Stat. 2128; amended Pub. L. 112–213, title III, § 302(a), Dec. 20, 2012, 126 Stat. 1562.)
heading: Amendments
text: 2012—Pub. L. 112–213 substituted “Limitation of liability for Coast Guard Vessel Traffic Service pilots and non-Federal vessel traffic service operators” for “Limitation of liability for Coast Guard Vessel Traffic Service pilots” in section catchline, designated existing provisions as subsec. (a), inserted subsec. (a) heading, and added subsec. (b).
heading: Transfer of Functions
text: For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
46 U.S.C. § 3101 (SHIPPING)
§ 3101. Authority to suspend inspection
When the President decides that the needs of foreign commerce require, the President may suspend a provision of this part for a foreign-built vessel registered as a vessel of the United States on conditions the President may specify.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 510.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
3101
46:82
Section 3101 provides the President with the authority to suspend the inspection laws for a foreign-built reflagged U.S. vessel when the needs of foreign commerce require this. For example, if a foreign-flag vessel is reflagged in the U.S. but does not meet the specific Coast Guard inspection requirements, the President could suspend these requirements.
heading: Effective Date
text: Pub. L. 98–89, § 2(g)(1), Aug. 26, 1983, 97 Stat. 599, provided that: “Part B [chapters 31 to 43] of subtitle II and sections 7306 (related to able seaman sail) and 7311 of title 46 (as enacted by section 1 of this Act) take effect April 15, 1984, or when regulations for sailing school vessels under part B are effective, whichever is earlier.”
[Part B of subtitle II and sections 7306 (related to able seaman sail) and 7311 of title 46 effective Apr. 15, 1984, in absence of regulations for sailing school vessels under part B on that date.]
heading: Delegation of Functions
text: For delegation to Secretary of the Treasury of authority vested in President by this section, see Ex. Ord. No. 10289, Sept. 17, 1951, 16 F.R. 9499, as amended, set out as a note under section 301 of Title 3, The President.
46 U.S.C. § 3103 (SHIPPING)
§ 3103. Use of reports, documents, and records
The Secretary may rely, as evidence of compliance with this subtitle, on—
(1) reports, documents, and records of other persons who have been determined by the Secretary to be reliable; and
(2) other methods the Secretary has determined to be reliable.
(Added Pub. L. 104–324, title VI, § 603(a), Oct. 19, 1996, 110 Stat. 3930.)
46 U.S.C. § 3104 (SHIPPING)
§ 3104. Survival craft
(a) Except as provided in subsection (b), the Secretary may not approve a survival craft as a safety device for purposes of this part, unless the craft ensures that no part of an individual is immersed in water.
(b) The Secretary may authorize a survival craft that does not provide protection described in subsection (a) to remain in service until not later than the date that is 30 months after the date on which the report described in subsection (c) is submitted, if—
(1) it was approved by the Secretary before January 1, 2010; and
(2) it is in serviceable condition.
(c) Report.—
Not later than 180 days after the date of enactment of this subsection, the Commandant of the Coast Guard shall submit 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 on the carriage of survival craft that ensures no part of an individual is immersed in water, which shall include—
(1) the number of casualties, by vessel type and area of operation, as the result of immersion in water reported to the Coast Guard for each of fiscal years 1991 through 2011;
(2) the effect the carriage of such survival craft has on—
(A) vessel safety, including stability and safe navigation; and
(B) survivability of individuals, including persons with disabilities, children, and the elderly;
(3) the efficacy of alternative safety systems, devices, or measures;
(4) the cost and cost effectiveness of requiring the carriage of such survival craft on vessels; and
(5) the number of small businesses and nonprofit entities that would be affected by requiring the carriage of such survival craft on vessels.
(Added Pub. L. 111–281, title VI, § 609(a), Oct. 15, 2010, 124 Stat. 2968; amended Pub. L. 112–213, title III, § 303, Dec. 20, 2012, 126 Stat. 1563.)
heading: References in Text
text: The date of enactment of this subsection, referred to in subsec. (c), is the date of enactment of Pub. L. 112–213, which was approved Dec. 20, 2012.
heading: Amendments
text: 2012—Subsec. (b). Pub. L. 112–213, § 303(1), substituted “the date that is 30 months after the date on which the report described in subsection (c) is submitted” for “January 1, 2015” in introductory provisions.
Subsec. (c). Pub. L. 112–213, § 303(2), added subsec. (c).
46 U.S.C. § 3202 (SHIPPING)
§ 3202. Application
(a) Foreign Voyages and Foreign Vessels.—
This chapter applies to a vessel that—
(1)
(A) is transporting more than 12 passengers described in section 2101(21)(A) of this title; or
(B) is of at least 500 gross tons as measured under section 14302 of this title and is a tanker, freight vessel, bulk freight vessel, high speed freight vessel, or self-propelled mobile offshore drilling unit; and
(2)
(A) is engaged on a foreign voyage; or
(B) is a foreign vessel departing from a place under the jurisdiction of the United States on a voyage, any part of which is on the high seas.
(b) Other Passenger Vessels.—
This chapter applies to a vessel that is—
(1) a passenger vessel or small passenger vessel; and
(2) is transporting more passengers than a number prescribed by the Secretary based on the number of individuals on the vessel that could be killed or injured in a marine casualty.
(c) Voluntary Application.—
This chapter applies to a vessel not described in subsection (a) of this section if the owner of the vessel requests the Secretary to apply this chapter to the vessel.
(d) Exception.—
Except as provided in subsection (c) of this section, this chapter does not apply to—
(1) a barge;
(2) a recreational vessel not engaged in commercial service;
(3) a fishing vessel;
(4) a vessel operating on the Great Lakes or its tributary and connecting waters that is not described in subsection (b) of this section; or
(5) a public vessel.
(Added Pub. L. 104–324, title VI, § 602(a), Oct. 19, 1996, 110 Stat. 3928; amended Pub. L. 108–293, title IV, § 405(a), Aug. 9, 2004, 118 Stat. 1043; Pub. L. 111–281, title VI, § 610(a), Oct. 15, 2010, 124 Stat. 2969.)
heading: Amendments
text: 2010—Subsec. (a). Pub. L. 111–281, § 610(a)(1), substituted “Foreign Voyages and Foreign Vessels.—” for “Mandatory Application.—” in heading.
Subsecs. (b) to (d). Pub. L. 111–281, § 610(a)(2)–(4), added subsec. (b), redesignated former subsecs. (b) and (c) as (c) and (d), respectively, and, in introductory provisions of subsec. (d), substituted “subsection (c)” for “subsection (b)”.
Subsec. (d)(4). Pub. L. 111–281, § 610(a)(5), inserted “that is not described in subsection (b) of this section” after “connecting waters”.
2004—Subsec. (a). Pub. L. 108–293 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “This chapter applies to the following vessels engaged on a foreign voyage:
“(1) Beginning July 1, 1998—
“(A) a vessel transporting more than 12 passengers described in section 2101(21)(A) of this title; and
“(B) a tanker, bulk freight vessel, or high-speed freight vessel, of at least 500 gross tons.
“(2) Beginning July 1, 2002, a freight vessel and a self-propelled mobile offshore drilling unit of at least 500 gross tons.”
46 U.S.C. § 3203 (SHIPPING)
§ 3203. Safety management system
(a) In General.—
The Secretary shall prescribe regulations which establish a safety management system for responsible persons and vessels to which this chapter applies, including—
(1) a safety and environmental protection policy;
(2) instructions and procedures to ensure safe operation of those vessels and protection of the environment in compliance with international and United States law;
(3) defined levels of authority and lines of communications between, and among, personnel on shore and on the vessel;
(4) procedures for reporting accidents and nonconformities with this chapter;
(5) procedures for preparing for and responding to emergency situations; and
(6) procedures for internal audits and management reviews of the system.
(b) Compliance With Code.—
Regulations prescribed under this section shall be consistent with the International Safety Management Code with respect to vessels to which this chapter applies under section 3202(a) of this title.
(c) In prescribing regulations for passenger vessels and small passenger vessels, the Secretary shall consider—
(1) the characteristics, methods of operation, and nature of the service of these vessels; and
(2) with respect to vessels that are ferries, the sizes of the ferry systems within which the vessels operate.
(Added Pub. L. 104–324, title VI, § 602(a), Oct. 19, 1996, 110 Stat. 3928; amended Pub. L. 108–293, title IV, § 405(b), Aug. 9, 2004, 118 Stat. 1043; Pub. L. 111–281, title VI, § 610(b), Oct. 15, 2010, 124 Stat. 2969.)
heading: Amendments
text: 2010—Subsec. (c). Pub. L. 111–281 added subsec. (c).
2004—Subsec. (b). Pub. L. 108–293 substituted “vessels to which this chapter applies under section 3202(a) of this title” for “vessels engaged on a foreign voyage”.
46 U.S.C. § 3204 (SHIPPING)
§ 3204. Implementation of safety management system
(a) Safety Management Plan.—
Each responsible person shall establish and submit to the Secretary for approval a safety management plan describing how that person and vessels of the person to which this chapter applies will comply with the regulations prescribed under section 3203(a) of this title.
(b) Approval.—
Upon receipt of a safety management plan submitted under subsection (a), the Secretary shall review the plan and approve it if the Secretary determines that it is consistent with and will assist in implementing the safety management system established under section 3203.
(c) Prohibition on Vessel Operation.—
A vessel to which this chapter applies under section 3202(a) may not be operated without having on board a Safety Management Certificate and a copy of a Document of Compliance issued for the vessel under section 3205 of this title.
(Added Pub. L. 104–324, title VI, § 602(a), Oct. 19, 1996, 110 Stat. 3929.)
46 U.S.C. § 3205 (SHIPPING)
§ 3205. Certification
(a) Issuance of Certificate and Document.—
After verifying that the responsible person for a vessel to which this chapter applies and the vessel comply with the applicable requirements under this chapter, the Secretary shall issue for the vessel, on request of the responsible person, a Safety Management Certificate and a Document of Compliance.
(b) Maintenance of Certificate and Document.—
A Safety Management Certificate and a Document of Compliance issued for a vessel under this section shall be maintained by the responsible person for the vessel as required by the Secretary.
(c) Verification of Compliance.—
The Secretary shall—
(1) periodically review whether a responsible person having a safety management plan approved under section 3204(b) and each vessel to which the plan applies is complying with the plan; and
(2) revoke the Secretary’s approval of the plan and each Safety Management Certificate and Document of Compliance issued to the person for a vessel to which the plan applies, if the Secretary determines that the person or a vessel to which the plan applies has not complied with the plan.
(d) Enforcement.—
At the request of the Secretary, the Secretary of Homeland Security shall withhold or revoke the clearance required by section 60105 of this title of a vessel that is subject to this chapter under section 3202(a) of this title or to the International Safety Management Code, if the vessel does not have on board a Safety Management Certificate and a copy of a Document of Compliance for the vessel. Clearance may be granted on filing a bond or other surety satisfactory to the Secretary.
(Added Pub. L. 104–324, title VI, § 602(a), Oct. 19, 1996, 110 Stat. 3929; amended Pub. L. 109–304, § 15(10), Oct. 6, 2006, 120 Stat. 1703; Pub. L. 110–181, div. C, title XXXV, § 3529(b)(1)(A), Jan. 28, 2008, 122 Stat. 603.)
heading: Amendments
text: 2008—Subsec. (d). Pub. L. 110–181 amended Pub. L. 109–304, § 15(10). See 2006 Amendment note below.
2006—Subsec. (d). Pub. L. 109–304, § 15(10), as amended by Pub. L. 110–181, substituted “Secretary of Homeland Security shall withhold or revoke the clearance required by section 60105 of this title” for “Secretary of the Treasury shall withhold or revoke the clearance required by section 4197 of the Revised Statutes (46 U.S.C. App. 91)”.
heading: Effective Date of 2008 Amendment
text: Pub. L. 110–181, div. C, title XXXV, § 3529(b)(2), Jan. 28, 2008, 122 Stat. 603, provided that: “The amendments made by paragraph (1) [amending this section and section 31325 of this title] shall be effective as if included in the enactment of Public Law 109–304.”
46 U.S.C. § 3303 (SHIPPING)
§ 3303. Reciprocity for foreign vessels
Except as provided in chapter 37 and section 3505 of this title, a foreign vessel of a country having inspection laws and standards similar to those of the United States and that has an unexpired certificate of inspection issued by proper authority of its respective country, is subject to an inspection to ensure that the condition of the vessel is as stated in its current certificate of inspection. A foreign country is considered to have inspection laws and standards similar to those of the United States when it is a party to an International Convention for Safety of Life at Sea to which the United States Government is currently a party. A foreign certificate of inspection may be accepted as evidence of lawful inspection only when presented by a vessel of a country that has by its laws accorded to vessels of the United States visiting that country the same privileges accorded to vessels of that country visiting the United States.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 512; Pub. L. 102–587, title V, § 5210(a), Nov. 4, 1992, 106 Stat. 5076; Pub. L. 104–324, title XI, § 1111, Oct. 19, 1996, 110 Stat. 3970; Pub. L. 108–293, title IV, § 411(b), Aug. 9, 2004, 118 Stat. 1046.)
text: Historical and Revision Notes
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 chapter 37. Subsection (b) provides for a mutual waiver of fees for the inspection of foreign vessels carrying passengers from the United States.
heading: Amendments
text: 2004—Pub. L. 108–293 inserted “and section 3505” after “chapter 37”.
1996—Pub. L. 104–324 struck out subsec. (a) designation and subsec. (b) which read as follows: “The Secretary shall collect and pay to the Treasury the same fees for the inspection of foreign vessels carrying passengers from the United States that a foreign country charges vessels of the United States trading to the ports of that country. The Secretary may waive at any time the collection of the fees on notice of the proper authorities of any country concerned that the collection of fees for the inspection of vessels of the United States has been discontinued.”
1992—Subsec. (a). Pub. L. 102–587, in first sentence, struck out “only” after “is subject” and substituted “the condition of the vessel is” for “the condition of the vessel’s propulsion equipment and lifesaving equipment are”.
heading: International Convention for Safety of Life at Sea
text: For International Conventions for the Safety of Life at Sea to which the United States has been a party, see section 1602 of Title 33, Navigation and Navigable Waters, and notes thereunder.