dreamproit/uscode huggingface dataset:
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: Editorial Notes
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: 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.
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. § 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.
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. § 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: Editorial Notes
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).
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. § 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.
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. § 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.
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. § 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.
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. § 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.
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.
heading: Anonymous Safety Alert System
text: Pub. L. 115–265, title II, § 217, Oct. 11, 2018, 132 Stat. 3752, provided that:
“(a) Pilot Program.—
Not later than 1 year after the date of enactment of this Act [Oct. 11, 2018], the Commandant [of the Coast Guard] shall establish an anonymous safety alert pilot program.
“(b) Requirements.—
The pilot program established under subsection (a) shall provide an anonymous reporting mechanism to allow crew members to communicate urgent and dire safety concerns directly and in a timely manner with the Coast Guard.”
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: Editorial Notes
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: 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.
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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. § 3505 (SHIPPING)
§ 3505. Prevention of departure
Notwithstanding section 3303 of this title, a foreign vessel carrying a citizen of the United States as a passenger or embarking passengers from a United States port may not depart from a United States port if the Secretary finds that the vessel does not comply with the standards stated in the International Convention for the Safety of Life at Sea to which the United States Government is currently a party.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 520; Pub. L. 102–587, title V, § 5210(b), Nov. 4, 1992, 106 Stat. 5076; Pub. L. 108–293, title IV, § 411(a), Aug. 9, 2004, 118 Stat. 1045.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
3505
46:362(c)
Section 3505 prohibits the departure from a United States port or place of any passenger vessel of more than 100 gross tons having berthing for at least 50 passengers, if the vessel does not comply with the international maritime safety standards applicable to United States vessels.
heading: Editorial Notes
heading: Amendments
text: 2004—Pub. L. 108–293 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “Notwithstanding section 3303(a) of this title, a foreign vessel may not depart from a United States port with passengers who are embarked at that port, if the Secretary finds that the vessel does not comply with the standards stated in the International Convention for the Safety of Life at Sea to which the United States Government is currently a party.”
1992—Pub. L. 102–587 substituted “foreign vessel may not depart” for “foreign or domestic vessel of more than 100 gross tons having berth or stateroom accommodations for at least 50 passengers may not depart”.
heading: Statutory Notes and Related Subsidiaries
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.
46 U.S.C. § 3701 (SHIPPING)
§ 3701. Definitions
In this chapter—
(1) “existing”, when referring to a type of vessel to which this chapter applies, means a vessel that is not a new vessel.
(2) “new”, when referring to a type of vessel to which this chapter applies, means a vessel—
(A) for which the building contract is placed after June 1, 1979;
(B) in the absence of a building contract, the keel of which is laid, or which is at a similar stage of construction, after January 1, 1980;
(C) the delivery of which is after June 1, 1982; or
(D) that has undergone a major conversion under a contract made after June 1, 1979, or construction work that began after January 1, 1980, or was completed after June 1, 1982.
(3) “person” means an individual (even if not a citizen or national of the United States), a corporation, partnership, association, or other entity (even if not organized or existing under the laws of a State), the United States Government, a State or local government, a government of a foreign country, or an entity of one of those governments.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 521; Pub. L. 99–509, title V, § 5102(b)(5), Oct. 21, 1986, 100 Stat. 1927; Pub. L. 100–424, § 8(c)(2), Sept. 9, 1988, 102 Stat. 1593; Pub. L. 115–232, div. C, title XXXV, § 3541(a)(2), Aug. 13, 2018, 132 Stat. 2323.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
3701(1)
46:391a(2)(R)
3701(2)
46:391a(2)(P)
3701(3)
46:391a(2)(Q)
3701(4)
46:391a(2)(F)
3701(5)
46:391a(2)(J)
3701(6)
46:391a(2)(K)
Section 3701 contains definitions that are of a special nature with limited applicability to this chapter.
heading: Editorial Notes
heading: Amendments
text: 2018—Pars. (2) to (4). Pub. L. 115–232 redesignated pars. (3) and (4) as (2) and (3), respectively.
1988—Par. (2). Pub. L. 100–424 struck out par. (2) which read as follows: “ ‘major conversion’ means a conversion of an existing vessel that substantially changes the dimensions or carrying capacity of the vessel or changes the type of vessel or substantially prolongs its life or that otherwise so changes the vessel that it is essentially a new vessel, as decided by the Secretary.”
1986—Pars. (5), (6). Pub. L. 99–509 struck out par. (5) defining “State” as including Trust Territory of the Pacific Islands in addition to its meaning under section 2101(36) of this title, and struck out par. (6) defining “United States” as including the Trust Territory of the Pacific Islands in addition to its meaning under section 2101(44) of this title.
heading: Statutory Notes and Related Subsidiaries
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. § 3704 (SHIPPING)
§ 3704. Coastwise trade vessels
A segregated ballast tank, a crude oil washing system, or an inert gas system, required by this chapter or a regulation prescribed under this chapter, on a vessel entitled to engage in the coastwise trade under chapter 551 of this title shall be installed in the United States (except the trust territories). A vessel failing to comply with this section may not engage in the coastwise trade.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 522; Pub. L. 109–304, § 15(16), Oct. 6, 2006, 120 Stat. 1703.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
3704
46:391a(7)
Section 3704 requires any tank vessel that is entitled to engage in the coastwise trade to install certain equipment in the United States under the penalty of losing coastwise trading privileges if the installation work is done in a foreign country.
heading: Editorial Notes
heading: Amendments
text: 2006—Pub. L. 109–304 substituted “chapter 551 of this title” for “section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883),”.