dreamproit/uscode huggingface dataset:
46 U.S.C. § 2111 (SHIPPING)
§ 2111. Pay for overtime services
(a) The Secretary may prescribe a reasonable rate of extra pay for overtime services of civilian officers and employees of the Coast Guard required to remain on duty between 5 p.m. and 8 a.m., or on Sundays or holidays, to perform services related to—
(1) the inspection of vessels or their equipment;
(2) the engagement and discharge of crews of vessels;
(3) the measurement of vessels; and
(4) the documentation of vessels.
(b) Except for Sundays and holidays, the overtime rate provided under subsection (a) of this section is one-half day’s additional pay for each 2 hours of overtime (or part of 2 hours of at least one hour). The total extra pay may be not more than 2 and one-half days’ pay for any one period from 5 p.m. to 8 a.m.
(c) The overtime rate provided under subsection (a) of this section for Sundays and holidays is 2 additional days’ pay.
(d) The owner, charterer, managing operator, agent, master, or individual in charge of the vessel shall pay the amount of the overtime pay provided under this section to the official designated by regulation. The official shall deposit the amount paid to the Treasury as miscellaneous receipts. Payment to the officer or employee entitled to the pay shall be made from the annual appropriations for salaries and expenses of the Coast Guard.
(e) The overtime pay provided under this section shall be paid if the authorized officers and employees have been ordered to report for duty and have reported, even if services requested were not performed.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 507.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
2111
46:382b
Section 2111 provides for the payment of overtime rates for work performed by civilian officers and employees of the Coast Guard for certain specified activities.
heading: Statutory Notes and Related Subsidiaries
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. § 2115 (SHIPPING)
§ 2115. Civil penalty to enforce alcohol and dangerous drug testing
Any person who fails to implement or conduct, or who otherwise fails to comply with the requirements prescribed by the Secretary for, chemical testing for dangerous drugs or for evidence of alcohol use, as prescribed under this subtitle or a regulation prescribed by the Secretary to carry out the provisions of this subtitle, is liable to the United States Government for a civil penalty of not more than $5,000 for each violation. Each day of a continuing violation shall constitute a separate violation.
(Added Pub. L. 104–324, title III, § 303(a), Oct. 19, 1996, 110 Stat. 3917; amended Pub. L. 105–383, title III, § 304(b), Nov. 13, 1998, 112 Stat. 3419.)
heading: Editorial Notes
heading: Amendments
text: 1998—Pub. L. 105–383 substituted “$5,000” for “$1,000”.
46 U.S.C. § 2118 (SHIPPING)
§ 2118. Establishment of equipment standards
(a) In establishing standards for approved equipment required on vessels subject to part B of this subtitle, the Secretary shall establish standards that are—
(1) based on performance using the best available technology that is economically achievable; and
(2) operationally practical.
(b) Using the standards established under subsection (a), the Secretary may also certify lifesaving equipment that is not required to be carried on vessels subject to part B of this subtitle to ensure that such equipment is suitable for its intended purpose.
(c) At least once every 10 years the Secretary shall review and revise the standards established under subsection (a) to ensure that the standards meet the requirements of this section.
(Added Pub. L. 111–281, title VI, § 608(a), Oct. 15, 2010, 124 Stat. 2968; amended Pub. L. 114–120, title III, § 306(a)(2), Feb. 8, 2016, 130 Stat. 54.)
heading: Editorial Notes
heading: Amendments
text: 2016—Subsec. (a). Pub. L. 114–120, § 306(a)(2)(A), substituted “subtitle,” for “title,”.
Subsec. (b). Pub. L. 114–120, § 306(a)(2)(B), substituted “subtitle” for “title”.
46 U.S.C. § 2301 (SHIPPING)
§ 2301. Application
Except as provided in sections 2304 and 2306 of this title, this chapter applies to a vessel operated on waters subject to the jurisdiction of the United States (including the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988) and, for a vessel owned in the United States, on the high seas.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 508; Pub. L. 98–498, title II, § 212(a)(2), Oct. 19, 1984, 98 Stat. 2305; Pub. L. 105–383, title III, § 301(b)(2), Nov. 13, 1998, 112 Stat. 3417; Pub. L. 109–304, § 15(7), Oct. 6, 2006, 120 Stat. 1702.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
2301
46:480
Section 2301 provides that this chapter is applicable to all vessels, including foreign flag vessels, when operating on waters subject to the jurisdiction of the United States. Any vessel owned in the United States while operating on the high seas would be included. By ownership the Committee means those vessels that are documented or numbered under United States laws and those other vessels that are neither documented or numbered but are of national origin and are not documented under the laws of a foreign nation. This chapter is applicable to a foreign flag vessel that is in innocent passage through territorial waters of the United States, presently 3 miles seaward, whether or not it is bound to or from a port subject to the jurisdiction of the United States.
heading: Editorial Notes
heading: References in Text
text: Presidential Proclamation No. 5928, referred to in text, is set out under section 1331 of Title 43, Public Lands.
heading: Amendments
text: 2006—Pub. L. 109–304 substituted “sections 2304 and” for “section”.
1998—Pub. L. 105–383 inserted “(including the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988)” after “of the United States”.
1984—Pub. L. 98–498 substituted “Except as provided in section 2306 of this title, this chapter” for “This chapter”.
heading: Statutory Notes and Related Subsidiaries
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. § 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: Editorial Notes
heading: Amendments
text: 2006—Subsec. (a). Pub. L. 109–304 designated existing provisions as par. (1) and added par. (2).
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: Statutory Notes and Related Subsidiaries
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: Executive Documents
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, set out as a note under section 301 of Title 3, The President.
46 U.S.C. § 3105 (SHIPPING)
§ 3105. Electronic charts
(a) System Requirements.—
(1) Requirements.—
Subject to paragraph (2), the following vessels, while operating on the navigable waters of the United States, shall be equipped with and operate electronic charts under regulations prescribed by the Secretary of the department in which the Coast Guard is operating:
(A) A self-propelled commercial vessel of at least 65 feet overall length.
(B) A vessel carrying more than a number of passengers for hire determined by the Secretary.
(C) A towing vessel of more than 26 feet in overall length and 600 horsepower.
(D) Any other vessel for which the Secretary decides that electronic charts are necessary for the safe navigation of the vessel.
(2) Exemptions and waivers.—
The Secretary may—
(A) exempt a vessel from paragraph (1), if the Secretary finds that electronic charts are not necessary for the safe navigation of the vessel on the waters on which the vessel operates; and
(B) waive the application of paragraph (1) with respect to operation of vessels on navigable waters of the United States specified by the Secretary, if the Secretary finds that electronic charts are not needed for safe navigation on those waters.
(b) Limitation on Application.—
Except pursuant to an international treaty, convention, or agreement, to which the United States is a party, this section shall not apply to any foreign vessel that is not destined for, or departing from, a port or place subject to the jurisdiction of the United States and that is in—
(1) innocent passage through the territorial sea of the United States; or
(2) transit through the navigable waters of the United States that form a part of an international strait.
(Added and amended Pub. L. 115–282, title IV, § 402(a)(1), Dec. 4, 2018, 132 Stat. 4263, 4264.)
heading: Editorial Notes
heading: Codification
text: Section, as added and amended by Pub. L. 115–282, is based on Pub. L. 92–340, § 4A, as added Pub. L. 108–293, title IV, § 410, Aug. 9, 2004, 118 Stat. 1045, which was formerly classified to section 1223a of Title 33, Navigation and Navigable Waters, before being transferred to this chapter and renumbered as this section.
heading: Amendments
text: 2018—Pub. L. 115–282, § 402(a)(1)(A), transferred section 4A of Pub. L. 92–340 to this chapter and renumbered it as this section. See Codification note above.
Subsec. (b). Pub. L. 115–282, § 402(a)(1)(B), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “The Secretary of the department in which the Coast Guard is operating shall prescribe regulations implementing subsection (a) before January 1, 2007, including requirements for the operation and maintenance of the electronic charts required under subsection (a).”
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(29)(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; Pub. L. 115–232, div. C, title XXXV, § 3541(b)(8), Aug. 13, 2018, 132 Stat. 2323.)
heading: Editorial Notes
heading: Amendments
text: 2018—Subsec. (a)(1)(A). Pub. L. 115–232 substituted “section 2101(29)(A)” for “section 2101(21)(A)”.
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. § 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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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. § 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: Editorial Notes
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”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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. § 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: Editorial Notes
heading: Amendments
text: 1996—Pub. L. 104–324 inserted “or have examined” after “examine” in introductory provisions.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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.