dreamproit/uscode huggingface dataset:
46 U.S.C. § 3307 (SHIPPING)
§ 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.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 514; Pub. L. 104–324, title VI, § 605(a), Oct. 19, 1996, 110 Stat. 3931.)
text: Historical and Revision Notes
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.
heading: Amendments
text: 1996—Par. (1). Pub. L. 104–324, § 605(a)(1), substituted “, nautical school vessel, and small passenger vessel allowed to carry more than 12 passengers on a foreign voyage” for “and nautical school vessel” and inserted “and” at end.
Pars. (2), (3). Pub. L. 104–324, § 605(a)(2), (3), redesignated par. (3) as (2), substituted “5 years” for “2 years”, and struck out former par. (2) which read as follows: “each small passenger vessel, freight vessel or offshore supply vessel of less than 100 gross tons, and sailing school vessel shall be inspected at least once every 3 years; and”.
46 U.S.C. § 3308 (SHIPPING)
§ 3308. Examinations
In addition to inspections required by section 3307 of this title, the Secretary shall examine or have examined—
(1) each vessel subject to inspection at proper times to ensure compliance with law and regulations; and
(2) crewmember accommodations on each vessel subject to inspection at least once a month or when the vessel enters United States ports to ensure that the accommodations are—
(A) of the size required by law and regulations;
(B) properly ventilated and in a clean and sanitary condition; and
(C) equipped with proper plumbing and mechanical appliances required by law and regulations, and the appliances are in good working condition.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 514; Pub. L. 104–324, title VI, § 603(c), Oct. 19, 1996, 110 Stat. 3930.)
text: Historical and Revision Notes
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.
heading: Amendments
text: 1996—Pub. L. 104–324 inserted “or have examined” after “examine” in introductory provisions.
46 U.S.C. § 3309 (SHIPPING)
§ 3309. Certificate of inspection
(a) When an inspection under section 3307 of this title has been made and a vessel has been found to be in compliance with the requirements of law and regulations, a certificate of inspection, in a form prescribed by the Secretary, shall be issued to the vessel.
(b) The Secretary may issue a temporary certificate of inspection in place of a regular certificate of inspection issued under subsection (a) of this section.
(c) At least 30 days before the current certificate of inspection issued to a vessel under subsection (a) of this section expires, the owner, charterer, managing operator, agent, master, or individual in charge of the vessel shall submit to the Secretary in writing a notice that the vessel—
(1) will be required to be inspected; or
(2) will not be operated so as to require an inspection.
(d) A certificate of inspection issued under this section shall be signed by the senior Coast Guard member or civilian employee who inspected the vessel, in addition to the officer in charge of marine inspection.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 515; Pub. L. 98–498, title II, § 211(a), Oct. 19, 1984, 98 Stat. 2303; Pub. L. 104–324, title VI, § 606, Oct. 19, 1996, 110 Stat. 3931; Pub. L. 111–281, title V, § 522(c), Oct. 15, 2010, 124 Stat. 2957.)
text: Historical and Revision Notes
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.
heading: Amendments
text: 2010—Subsec. (d). Pub. L. 111–281 added subsec. (d).
1996—Subsec. (c). Pub. L. 104–324 struck out “(but not more than 60 days)” after “30 days” in introductory provisions.
1984—Subsec. (c). Pub. L. 98–498 added subsec. (c).
heading: Effective Date of 1984 Amendment
text: Amendment by Pub. L. 98–498 effective 180 days after Oct. 19, 1984, see section 214 of Pub. L. 98–498, set out as an Effective Date note under section 2306 of this title.
46 U.S.C. § 3310 (SHIPPING)
§ 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.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 515.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
3310
46:414
Section 3310 contains the requirement for maintaining inspection records.
46 U.S.C. § 3311 (SHIPPING)
§ 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 section 3309 of this title.
(b) The Secretary may direct the owner, charterer, managing operator, agent, master, or individual in charge of a vessel subject to inspection under this chapter and not having on board a certificate of inspection—
(1) to have the vessel proceed to mooring and remain there until a certificate of inspection is issued;
(2) to take immediate steps necessary for the safety of the vessel, individuals on board the vessel, or the environment; or
(3) to have the vessel proceed to a place to make repairs necessary to obtain a certificate of inspection.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 515; Pub. L. 98–498, title II, § 211(b), Oct. 19, 1984, 98 Stat. 2304.)
text: Historical and Revision Notes
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.
heading: Amendments
text: 1984—Pub. L. 98–498 designated existing provisions as subsec. (a), substituted “Except as provided in subsection (b), a vessel” for “A vessel”, struck out “valid” before “certificate of inspection”, and added subsec. (b).
46 U.S.C. § 3312 (SHIPPING)
§ 3312. Display of certificate of inspection
The certificate of inspection issued to a vessel under section 3309 of this title shall be displayed, suitably framed, in a conspicuous place on the vessel. When it is not practicable to so display the certificate, it shall be carried in the manner prescribed by regulation.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 515.)
text: Historical and Revision Notes
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.
46 U.S.C. § 3313 (SHIPPING)
§ 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 section 3306(e) of this title.
(b) When a vessel is not in compliance with its certificate or fails to meet a standard prescribed by this part or a regulation prescribed under this part—
(1) the owner, charterer, managing operator, agent, master, or individual in charge shall be ordered in writing to correct the noted deficiencies promptly;
(2) the Secretary may permit any repairs to be made at a place most convenient to the owner, charterer, or managing operator when the Secretary decides the repairs can be made with safety to those on board and the vessel;
(3) the vessel may be required to cease operating at once; and
(4) if necessary, the certificate shall be suspended or revoked.
(c) The 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.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 515.)
text: Historical and Revision Notes
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.
46 U.S.C. § 3314 (SHIPPING)
§ 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.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 516.)
text: Historical and Revision Notes
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.
46 U.S.C. § 3315 (SHIPPING)
§ 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.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 516.)
text: Historical and Revision Notes
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.
46 U.S.C. § 3317 (SHIPPING)
§ 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 operating expenses of the Coast Guard.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 517; Pub. L. 102–587, title V, § 5211, Nov. 4, 1992, 106 Stat. 5076.)
text: Historical and Revision Notes
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.
heading: Amendments
text: 1992—Subsec. (b). Pub. L. 102–587 substituted “under this part of a documented vessel or a foreign vessel” for “under this chapter of a documented vessel”.
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. § 3501 (SHIPPING)
§ 3501. Number of passengers
(a) Each certificate of inspection issued to a vessel carrying passengers (except a ferry) shall include a statement on the number of passengers that the vessel is permitted to carry.
(b) The owner, charterer, managing operator, agent, master, or individual in charge of a vessel is liable to a person suing them for carrying more passengers than the number of passengers permitted by the certificate of inspection in an amount equal to—
(1) passage money; and
(2) $100 for each passenger in excess of the number of passengers permitted.
(c) An owner, charterer, managing operator, agent, master, or individual in charge of a vessel that knowingly carries more passengers than the number of passengers permitted by the certificate of inspection also shall be fined not more than $100, imprisoned for not more than 30 days, or both.
(d) The vessel also is liable in rem for a penalty under this section.
(e) An offshore supply vessel may not carry passengers except in an emergency.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 519; Pub. L. 99–36, § 1(a)(2), May 15, 1985, 99 Stat. 67.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
3501
46:404–1
46:451
46:452
46:462
Section 3501 requires that a vessel carrying passengers, including a passenger vessel as well as a small passenger vessel (except a ferry), shall have on the certificate of inspection a statement as to the number of passengers the vessel is permitted to carry. It also provides penalties for carrying passengers in excess of the number permitted.
heading: Amendments
text: 1985—Subsec. (a). Pub. L. 99–36, § 1(a)(2)(A), struck out the comma after “(except a ferry)”.
Subsec. (c). Pub. L. 99–36, § 1(a)(2)(B), substituted “carries more passengers than the number of passengers permitted by the certificate of inspection” for “violates subsection (b) of this section”.
heading: Effective Date
text: Chapter effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 98–89, set out as a note under section 3101 of this title.
46 U.S.C. § 3502 (SHIPPING)
§ 3502. List or count of passengers
(a) The owner, charterer, managing operator, master, or individual in charge of the following categories of vessels carrying passengers shall keep a correct list of passengers received and delivered from day to day:
(1) vessels arriving from foreign ports (except at United States Great Lakes ports from Canadian Great Lakes ports).
(2) seagoing vessels in the coastwise trade.
(3) passenger vessels making voyages of more than 300 miles on the Great Lakes except from a Canadian to a United States port.
(b) The master of a vessel carrying passengers (except a vessel listed in subsection (a) of this section) shall keep a correct count of all passengers received and delivered.
(c) Lists and counts required under this section shall be open to the inspection of designated officials of the Coast Guard and the Customs Service at all times. The total number of passengers shall be provided to the Coast Guard when requested.
(d) This section applies to a foreign vessel arriving at a United States port.
(e) The owner, charterer, managing operator, master, or individual in charge of a passenger vessel failing to make a list or count of passengers as required by this section is liable to the United States Government for a civil penalty of $100. The vessel also is liable in rem for the penalty.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 519.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
3502
46:460
46:460a
46:461
46:462
Section 3502 is related to section 3501 and requires the listing or counting of passengers on certain vessels. This requirement applies to large as well as small passenger vessels when operating on the types of voyages enumerated. This section also applies to a foreign vessel arriving at a port or place in the United States.
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.
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 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. § 3504 (SHIPPING)
§ 3504. Notification to passengers
(a) A person selling passage on a foreign or domestic passenger vessel having berth or stateroom accommodations for at least 50 passengers and embarking passengers at United States ports for a coastwise or an international voyage shall notify each prospective passenger of the safety standards applicable to the vessel in a manner prescribed by regulation.
(b) All promotional literature or advertising through any medium of communication in the United States offering passage or soliciting passengers for ocean voyages anywhere in the world shall include information similar to the information described in subsection (a) of this section, and shall specify the registry of each vessel named, as a part of the advertisement or description of the voyage. Except for the inclusion of the country of registry of the vessel, this subsection does not apply to voyages by vessels meeting the safety standards described in section 3505 of this title.
(c) A person violating this section or a regulation prescribed under this section is liable to the United States Government for a civil penalty of not more than $10,000. If the violation involves the sale of tickets for passage, the owner, charterer, managing operator, agent, master, individual in charge, or any other person involved in each violation also is liable to the Government for a civil penalty of $500 for each ticket sold. The vessel on which passage is sold also is liable in rem for a violation of this section or a regulation prescribed under this section.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 519.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
3504
46:362(b)
Section 3504 requires notification to the public of the safety standards that are applicable to certain foreign flag or United States passenger vessels. In addition, all promotional literature or advertising that offers passage or solicits passengers for ocean voyages anywhere in the world shall include a safety standard statement and shall specify the registry of the vessel. If the vessel meets the international standards to which the United States adheres, then the safety standard statement need not be included. In all other cases the type of safety standard statement that must be included is as prescribed by regulation. This section is intended to place the United States public on notice as to the degree of fire safety compliance of a foreign-flag passenger vessel that does not operate or depart from a port or place in the United States but does embark passengers from the United States at nearby foreign ports. Departures from foreign ports are undertaken because the foreign-flag passenger vessel cannot comply with the safety standards applicable to a United States flag passenger vessel.