Attachment 4 - List of Vessels Subject to Inspection IAW Title 46.pdf

Page 45 TITLE 46—SHIPPING § 3301

Sec.

3315. Disclosure of defects and protection of in-formants.

3316. Classification societies.

3317. Fees.

3318. Penalties.

HISTORICAL AND REVISION NOTES

Chapter 33 consolidates the laws governing the in-spection and certification of vessels by the Coast Guard that have developed over a period in excess of 140 years.

The original laws were directed to the safety of the rel-atively new and potentially dangerous steam vessel.

The demand for Federal remedial legislation began dur-ing the early 1800’s after frequent and disastrous explo-sions of steam boilers on passenger vessels. This di-rectly led to the first maritime safety laws in 1838 that required periodic inspection and certification of vessels engaged in the transportation of passengers and freight on the waters of the United States. This was followed by a more extensive steamboat inspection law in 1852 which adopted for the first time the principle of licens-ing for river pilots and engineers. It also created a new

Federal maritime safety inspection service called the

Federal Inspection Service that eventually became the

Bureau of Marine Inspection and Navigation, whose du-ties were temporarily assumed in 1941 and permanently assumed in 1946 by the United States Coast Guard.

In 1864 the principal inspection and licensing provi-sions of the 1852 act were made applicable to ferries, towing vessels, and canal boats. However, steamboat explosions continued with high loss of life and prop-erty. One of the greatest of all disasters, the destruc-tion of the passenger vessel Sultana by explosion and fire with a loss of life estimated at more than 1500 lives in April 1865, led to renewed legislation efforts. In 1871 this culminated with legislation that combined a num-ber of new requirements into a coherent and unified body of maritime safety laws. At the time of the adop-tion of the Revised Statutes in 1874, a maritime safety code was well established for vessels propelled in whole or in part by steam.

In the more than 100 years since then, as the public recognized the need for vessel safety legislation, pri-marily as the result of maritime disasters, other class-es of vessels were subjected to Federal inspection or regulatory control. These included vessels propelled by gas, fluid, naphtha, or electric motors in 1897; sail ves-sels and barges carrying passengers for hire in 1898; sea-going barges in 1908; motorboats in 1910; steam vessels owned by the Department of Commerce in 1919; sea-going vessels of 300 gross tons and over on June 20, 1936;

all tank vessels carrying flammable or combustible liq-uid cargo in bulk regardless of size or means of propul-sion of June 23, 1936; motorboats again in 1940; all ves-sels carrying more than six passengers in 1956; tank vessels again in 1978; and offshore supply vessels in 1980.

There was also considerable legislation that amended or supplemented these primary maritime safety laws.

The net result has been a patchwork quilt of cat-egories and classifications that requires a tabulation of more than seventy different classes of inspected ves-sels. This revision gathers into one section of the law all classes of vessels that are subject to inspection and certification without changing the application of present law as to any one class of vessel. The revision does not alter the application of the present law so as to expand inspection requirements to any vessel pres-ently not subject to inspection nor to remove from in-spection any vessel that is presently subject to inspec-tion.

Editorial Notes

AMENDMENTS

1996—Pub. L. 104–324, title VI, § 607(b)(2), Oct. 19, 1996, 110 Stat. 3932, substituted ‘‘Classification societies’’ for

‘‘United States classification societies’’ in item 3316.

1986—Pub. L. 99–307, § 1(5)(B), May 19, 1986, 100 Stat.

445, substituted ‘‘Transporting’’ for ‘‘Carrying’’ in item

3304.

§ 3301. Vessels subject to inspection

The following categories of vessels are subject to inspection under this part:

(1) freight vessels.

(2) nautical school vessels.

(3) offshore supply vessels.

(4) passenger vessels.

(5) sailing school vessels.

(6) seagoing barges.

(7) seagoing motor vessels.

(8) small passenger vessels.

(9) steam vessels.

(10) tank vessels.

(11) fish processing vessels.

(12) fish tender vessels.

(13) Great Lakes barges.

(14) oil spill response vessels.

(15) towing vessels.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 510; Pub. L.

98–364, title IV, § 402(2), July 17, 1984, 98 Stat. 445;

Pub. L. 102–587, title V, § 5208(b), Nov. 4, 1992, 106 Stat. 5076; Pub. L. 104–324, title XI, § 1104(g), Oct.

19, 1996, 110 Stat. 3967; Pub. L. 108–293, title IV, § 415(a), Aug. 9, 2004, 118 Stat. 1047.)

HISTORICAL AND REVISION NOTES

Revised section Source section (U.S. Code)

3301(1) .......................................... 46:391 46:404

3301(2) .......................................... 46:1295f(c) 3301(3) .......................................... 46:404–1 3301(4) .......................................... 46:390a

46:391 3301(5) .......................................... 46:390a 3301(6) .......................................... 46:395 3301(7) .......................................... 46:367 3301(8) .......................................... 46:390a 3301(9) .......................................... 46:362

46:391 46:405

3301(10) ........................................ 46:391a

Section 3301 lists all classes of vessels that are sub-ject to inspection and certification by the Coast Guard.

This section represents one of the sought-after advan-tages of the bill to simplify access to the provisions of law governing the regulation of vessels. Under the present law, a vessel’s inspection status must be deter-mined by examining a table appearing at section

2.01–7A of title 46, Code of Federal Regulations that di-vides all vessels into more than 70 separate classes.

It is important to note that while the classes of ves-sels are now limited to ten, there is no prohibition against developing regulations to meet the special needs of various size vessels within any one category.

For example, it is expected that the Coast Guard will continue the practice of establishing standards for freight vessels of not more than 100 gross tons and other standards for larger freight vessels.

It should also be noted that a particular vessel can, when engaged in various types of operations, be subject to varying inspection laws. For example, an offshore supply vessel could be classed as a small passenger ves-sel or a passenger vessel when it operates as a crew boat carrying individuals other than those defined in section 2101(21). If the offshore supply vessel is 500 gross tons and over it would then be subject to inspection as a seagoing motor vessel, a freight vessel, or a passenger vessel.

Editorial Notes

AMENDMENTS

2004—Par. (15). Pub. L. 108–293 added par. (15).

1996—Par. (14). Pub. L. 104–324 added par. (14).

1992—Par. (13). Pub. L. 102–587 added par. (13).

1984—Pars. (11), (12). Pub. L. 98–364 added pars. (11) and (12).

Page 46TITLE 46—SHIPPING§ 3302

Statutory Notes and Related Subsidiaries

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102–587 effective Nov. 4, 1992, for Great Lakes barges placed in operation after Nov. 4, 1992, and effective one year after Nov. 4, 1992, for Great

Lakes barges in operation on Nov. 4, 1992, with provi-sion for interim safety requirements, see section

5208(c), (d) of Pub. L. 102–587, set out as a note under section 2101 of this title.

EFFECTIVE DATE

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.

PILOT PROGRAM

Pub. L. 105–383, title IV, § 412(b), Nov. 13, 1998, 112

Stat. 3432, provided that:

‘‘(1) IN GENERAL.—The Secretary may establish a pilot program to exempt a vessel of at least 300 gross tons as measured under chapter 143 or chapter 145 of title 46, United States Code, from the requirement to be inspected under section 3301(7) of title 46, United States

Code, as a seagoing motor vessel, if—

‘‘(A) the vessel does not carry any cargo or pas-sengers for hire;

‘‘(B) the vessel does not engage in commercial serv-ice, commercial fisheries, or oceanographic research;

and

‘‘(C) the vessel does not engage in towing.

‘‘(2) EXPIRATION OF AUTHORITY.—The authority to grant the exemptions under this subsection expires 2 years after the date of the enactment of this Act [Nov.

13, 1998]. Any specific exemptions granted under this subsection shall nonetheless remain in effect.’’

SMALL PASSENGER VESSEL PILOT INSPECTION PROGRAM

WITH STATE OF MINNESOTA

Pub. L. 104–324, title XI, § 1122, Oct. 19, 1996, 110 Stat.

3979, provided that:

‘‘(a) IN GENERAL.—The Secretary may enter into an agreement with the State under which the State may inspect small passenger vessels operating in waters of that State designated by the Secretary, if—

‘‘(1) the State plan for the inspection of small pas-senger vessels meets such requirements as the Sec-retary may require to ensure the safety and oper-ation of such vessels in accordance with the stand-ards that would apply if the Coast Guard were in-specting such vessels; and

‘‘(2) the State will provide such information ob-tained through the inspection program to the Sec-retary annually in such form and in such detail as the

Secretary may require.

‘‘(b) FEES.—The Secretary may adjust or waive the user fee imposed under section 3317 of title 46, United

States Code, for the inspection of small passenger ves-sels inspected under the State program.

‘‘(c) TERMINATION.—The authority provided by sub-section (a) terminates on December 31, 1999.

‘‘(d) DEFINITIONS.—For purposes of this section—

‘‘(1) SECRETARY.—The term ‘Secretary’ means the

Secretary of the department in which the Coast

Guard is operating.

‘‘(2) STATE.—The term ‘State’ means the State of

Minnesota.

‘‘(3) SMALL PASSENGER VESSEL.—The term ‘small passenger vessel’ means a small passenger vessel (as defined in section 2101(35) [now 2101(45)] of title 46, United States Code) of not more than 40 feet overall in length.’’

[For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat-ing 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 Secu-rity, and the Department of Homeland Security Reor-ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.]

§ 3302. Exemptions

(a) A vessel is not excluded from one category only because the vessel is—

(1) included in another category of section 3301 of this title; or

(2) excluded by this section from another category of section 3301 of this title.

(b) Except as provided in subsection (c)(3) of this section, a fishing vessel, including a vessel chartered part-time as a fish tender vessel, is ex-empt from section 3301(1), (7), (11), and (12) of this title.

(c)(1) Except as provided in paragraph (3) of this subsection, a fish processing vessel of not more than 5,000 gross tons as measured under section 14502 of this title, or an alternate ton-nage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title is exempt from section 3301(1), (6), (7), (11), and (12) of this title.

(2) Except as provided in paragraphs (3) and (4) of this subsection, the following fish tender ves-sels are exempt from section 3301(1), (6), (7), (11), and (12) of this title:

(A) A vessel of not more than 500 gross tons as measured under section 14502 of this title or an alternate tonnage measured under section 14302 of this title as prescribed by the Sec-retary under section 14104 of this title.

(B) A vessel engaged in the Aleutian trade that is not more than 2,500 gross tons as meas-ured under section 14302 of this title.

(3)(A) A fishing vessel or fish processing vessel is exempt from section 3301(1), (6), and (7) of this title when transporting cargo (including fish-eries-related cargo) to or from a place in Alaska if—

(i) that place does not receive weekly com-mon carrier service by water from a place in the United States;

(ii) that place receives such common carrier service and the cargo is of a type not accepted by that common carrier service; or

(iii) the cargo is proprietary cargo owned by the owner of the vessel or any affiliated entity or subsidiary.

(B) A fish tender vessel of not more than 500 gross tons as measured under section 14502 of this title, or less than 500 gross tons as meas-ured under section 14502 of this title, or is less than 2,500 gross tons as measured under section 14302 of this title, which is qualified to engage in the Aleutian trade is exempt from section 3301(1), (6), and (7) of this title when trans-porting cargo (including fisheries-related cargo) to or from a place in Alaska outside the Aleu-tian trade geographic area if—

(i) that place does not receive weekly com-mon carrier service by water from a place in the United States;

(ii) that place receives such common carrier service and the cargo is of a type not accepted by that common carrier service; or

(iii) the cargo is proprietary cargo owned by the owner of the vessel or any affiliated entity or subsidiary.

(C) In this paragraph, the term ‘‘proprietary cargo’’ means cargo that—