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46 U.S.C. § 11101 — Accommodations for seamen

Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 11101 — Accommodations for seamen

**(a)** On a merchant vessel of the United States the construction of which began after March 4, 1915 (except a yacht, pilot vessel, or vessel of less than 100 gross tons as measured under [section 14502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14502&num=0&edition=prelim), or an alternate tonnage measured under [section 14302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14302&num=0&edition=prelim) as prescribed by the Secretary under [section 14104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14104&num=0&edition=prelim))— (1) each place appropriated to the crew of the vessel shall have a space of at least 120 cubic feet and at least 16 square feet, measured on the floor or deck of that place, for each seaman or apprentice lodged in the vessel; (2) each seaman shall have a separate berth and not more than one berth shall be placed one above another; (3) the place or berth shall be securely constructed, properly lighted, drained, heated, and ventilated, properly protected from weather and sea, and, as far as practicable, properly shut off and protected from the effluvium of cargo or bilge water; (4) crew space shall be kept free from goods or stores that are not the personal property of the crew occupying the place in use during the voyage; and (5) each crew berthing area shall be equipped with information regarding— (A) vessel owner or company policies prohibiting sexual assault and sexual harassment, retaliation, and drug and alcohol usage; and (B) procedures and resources to report crimes, including sexual assault and sexual harassment, including information— (i) on the telephone number, website address, and email

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Stable record: federal_law:legal_authorities:record_usc_ab9b95e98710101e8f247e9b
Source file: Laws/federal/codes/united-states-code/title-46/section-11101-accommodations-for-seamen--5a0bb13351.md
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Source location: Title 46, Chapter 111, § 11101; chapter-111-protection-and-relief.md

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**(a)** On a merchant vessel of the United States the construction of which began after March 4, 1915 (except a yacht, pilot vessel, or vessel of less than 100 gross tons as measured under [section 14502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14502&num=0&edition=prelim), or an alternate tonnage measured under [section 14302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14302&num=0&edition=prelim) as prescribed by the Secretary under [section 14104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14104&num=0&edition=prelim))— (1) each place appropriated to the crew of the vessel shall have a space of at least 120 cubic feet and at least 16 square feet, measured on the floor or deck of that place, for each seaman or apprentice lodged in the vessel; (2) each seaman shall have a separate berth and not more than one berth shall be placed one above another; (3) the place or berth shall be securely constructed, properly lighted, drained, heated, and ventilated, properly protected from weather and sea, and, as far as practicable, properly shut off and protected from the effluvium of cargo or bilge water; (4) crew space shall be kept free from goods or stores that are not the personal property of the crew occupying the place in use during the voyage; and (5) each crew berthing area shall be equipped with information regarding— (A) vessel owner or company policies prohibiting sexual assault and sexual harassment, retaliation, and drug and alcohol usage; and (B) procedures and resources to report crimes, including sexual assault and sexual harassment, including information— (i) on the telephone number, website address, and email address for reporting allegations of sexual assault and sexual harassment to the Coast Guard; (ii) on vessel owner or company procedures to report violations of company policy and access resources; (iii) on resources provided by outside organizations such as sexual assault hotlines and counseling; (iv) on the retention period for surveillance video recording after an incident of sexual harassment or sexual assault is reported; and (v) additional items specified in regulations issued by, and at the discretion of, the Secretary of the department in which the Coast Guard is operating. **(b)** In addition to the requirements of subsection (a) of this section, a merchant vessel of the United States that in the ordinary course of trade makes a voyage of more than 3 days’ duration between ports and carries a crew of at least 12 seamen shall have a hospital compartment, suitably separated from other spaces. The compartment shall have at least one bunk for each 12 seamen constituting the crew (but not more than 6 bunks may be required). **(c)** A steam vessel of the United States operating on the Mississippi River or its tributaries shall provide, under the direction and approval of the Secretary, an appropriate place for the crew that shall conform to the requirements of this section, as far as they apply to the steam vessel, by providing a properly heated sleeping room in the engineroom of the steam vessel properly protected from the cold, wind, and rain by means of suitable awnings or screens on either side of the guards or sides and forward, reaching from the boiler deck to the lower or main deck. **(d)** A merchant vessel of the United States, the construction of which began after March 4, 1915, having more than 10 seamen on deck, shall have at least one lighted, clean, and properly heated and ventilated washing place. There shall be provided at least one washing outfit for each 2 seamen of the watch. A separate washing place shall be provided for the fireroom and engineroom seamen, if their number is more than 10, that shall be large enough to accommodate at least one-sixth of them at the same time, and have a hot and cold water supply and a sufficient number of washbasins, sinks, and shower baths. In each washing space in a visible location there shall be information regarding procedures and resources to report crimes upon the vessel, including sexual assault and sexual harassment, and vessel owner or company policies prohibiting sexual assault and sexual harassment, retaliation, and drug and alcohol usage. **(e)** Forecastles shall be fumigated at intervals provided by regulations prescribed by the Secretary of Health and Human Services, with the approval of the Secretary, and shall have at least 2 exits, one of which may be used in emergencies. **(f)** The owner, charterer, managing operator, agent, master, or licensed individual of a vessel not complying with this section is liable to the United States Government for a civil penalty of at least $50 but not more than $500.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 14302 — Measurement

**(a)** The Secretary shall measure a vessel to which this chapter applies in the way provided by this chapter and the Convention. **(b)** A vessel measured under this chapter may not be required to be measured under another law. **(c)** Unless otherwise provided by law, the measurement of a vessel under this chapter applies to a law of the United States whose applicability depends on a vessel’s tonnage, if that law— (1) becomes effective after July 18, 1994; or (2) is in effect before July 19, 1994, is not enumerated in [section 14305 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14305&num=0&edition=prelim), and is identified by the Secretary by regulation as a law to which this chapter applies.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 14502 — Measurement

The Secretary shall measure a vessel to which this chapter applies in the way provided by this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 14104 — Measurement to determine application of a law

**(a)** When the application of a law of the United States to a vessel depends on the vessel’s tonnage, the vessel shall be measured under this part. **(b)** If a statute allows for an alternate tonnage to be prescribed under this section, the Secretary may prescribe it by regulation. Any such regulation shall be considered to be an interpretive regulation for purposes of [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim). Until an alternate tonnage is prescribed, the statutorily established tonnage shall apply to vessels measured under chapter 143 or chapter 145 of this title. **(c)** The head of each Federal agency shall ensure that regulations issued by the agency that specify particular tonnages comply with the alternate tonnages implemented by the Secretary.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 11101 — Accommodations for seamen

Page 193 TITLE 46—SHIPPING § 11101 § 10905. Complaints in foreign ports (a) When a complaint under section 10902(a) of this title is made in a foreign port, the proce- dures of this chapter shall be followed, with a consular officer performing the duties of the judge or justice of the peace. (b) On review of the marine surveyors’ report, the consular officer may approve and must cer- tify any part of the report with which the officer agrees. If the consular officer dissents from any part of the report, the officer shall certify rea- sons for dissenting from that part. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 576.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 10905 ............................................ 46:656 46:657 Section 10905 provides that if a complaint of unfitness is made in a foreign port, a consular officer shall per- form the duties of a judge or justice of the peace. § 10906. Discharge of crew for unsuitability When a survey is made at a foreign port, the surveyors shall state in the report whether, in their opinion, the vessel had been sent to sea un- suitably provided in any important particular, by neglect or design or through mistake or acci- dent. If by neglect or design, and the consular officer approves the finding, the officer shall dis- charge a seaman requesting discharge and shall require the master to pay one month’s wages to that seaman in addition to wages then due, or sufficient money for the return of the seaman to the nearest and most convenient port of the United States, whichever is the greater amount. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 576.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 10906 ............................................ 46:658 Sect

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