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46 U.S.C. § 3316 — Classification societies

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

46 U.S.C. § 3316 — Classification societies

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Source file: Laws/federal/codes/united-states-code/title-46/section-3316-classification-societies--e57a547005.md
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Source location: Title 46, Chapter 33, § 3316; chapter-033-inspection-generally.md

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**(a)** Each department, agency, and instrumentality of the United States Government shall recognize the American Bureau of Shipping as its agent in classifying vessels owned by the Government and in matters related to classification, as long as the Bureau is maintained as an organization having no capital stock and paying no dividends. The Secretary and the Secretary of Transportation each shall appoint one representative (except when the Secretary is the Secretary of Transportation, in which case the Secretary shall appoint both representatives) who shall represent the Government on the executive committee of the Bureau. The Bureau shall agree that the representatives shall be accepted by it as active members of the committee. The representatives shall serve without compensation, except for necessary traveling expenses. **(b)** (1) The Secretary may delegate to the American Bureau of Shipping or another classification society recognized by the Secretary as meeting acceptable standards for such a society, for a vessel documented or to be documented under chapter 121 of this title, the authority to— (A) review and approve plans required for issuing a certificate of inspection required by this part; (B) conduct inspections and examinations; and (C) issue a certificate of inspection required by this part and other related documents. (2) The Secretary may make a delegation under paragraph (1) to a foreign classification society only— (A) to the extent that the government of the foreign country in which the society is headquartered delegates authority and provides access to the American Bureau of Shipping to inspect, certify, and provide related services to vessels documented in that country; (B) if the foreign classification society has offices and maintains records in the United States; and (C) if the Secretary of State determines that the foreign classification society does not provide comparable services in or for a state sponsor of terrorism. (3) When an inspection or examination has been delegated under this subsection, the Secretary’s delegate— (A) shall maintain in the United States complete files of all information derived from or necessarily connected with the inspection or examination for at least 2 years after the vessel ceases to be certified; and (B) shall permit access to those files at all reasonable times to any officer, employee, or member of the Coast Guard designated— (i) as a marine inspector and serving in a position as a marine inspector; or (ii) in writing by the Secretary to have access to those files. **(c)** (1) A classification society (including an employee or agent of that society) may not review, examine, survey, or certify the construction, repair, or alteration of a vessel in the United States unless the society has applied for approval under this subsection and the Secretary has reviewed and approved that society with respect to the conduct of that society under paragraph (2). (2) The Secretary may approve a person for purposes of paragraph (1) only if the Secretary determines that— (A) the vessels surveyed by the person while acting as a classification society have an adequate safety record; and (B) the person has an adequate program to— (i) develop and implement safety standards for vessels surveyed by the person; (ii) make the safety records of the person available to the Secretary in an electronic format; (iii) provide the safety records of a vessel surveyed by the person to any other classification society that requests those records for the purpose of conducting a survey of the vessel; and (iv) request the safety records of a vessel the person will survey from any classification society that previously surveyed the vessel. **(d)** (1) The Secretary may delegate to the American Bureau of Shipping or another classification society recognized by the Secretary as meeting acceptable standards for such a society, for a United States offshore facility, the authority to— (A) review and approve plans required for issuing a certificate of inspection, a certificate of compliance, or any other certification and related documents issued by the Coast Guard pursuant to regulations issued under section 30 of the Outer Continental Shelf Lands Act ([43 U.S.C. 1356](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1356&num=0&edition=prelim)); and (B) conduct inspections and examinations. (2) The Secretary may make a delegation under paragraph (1) to a foreign classification society only if— (A) the foreign society has offices and maintains records in the United States; (B) (i) the government of the foreign country in which the foreign society is headquartered— (I) delegates that authority to the American Bureau of Shipping; or (II) does not delegate that authority to any classification society; or (ii) the Secretary has entered into an agreement with the government of the foreign country in which the foreign society is headquartered that— (I) ensures the government of the foreign country will accept plan review, inspections, or examinations conducted by the American Bureau of Shipping and provide equivalent access to inspect, certify, and provide related services to offshore facilities located in that country or operating under the authority of that country; and (II) is in full accord with principles of reciprocity in regards to any delegation contemplated by the Secretary under paragraph (1); and (C) the Secretary of State determines that the foreign classification society does not provide comparable services in or for a state sponsor of terrorism. (3) If an inspection or examination is conducted under authority delegated under this subsection, the person to which the authority was delegated— (A) shall maintain in the United States complete files of all information derived from or necessarily connected with the inspection or examination for at least 2 years after the United States offshore facility ceases to be certified; and (B) shall permit access to those files at all reasonable times to any officer, employee, or member of the Coast Guard designated— (i) as a marine inspector and serving in a position as a marine inspector; or (ii) in writing by the Secretary to have access to those files. (4) For purposes of this subsection— (A) the term “offshore facility” means any installation, structure, or other device (including any vessel not documented under chapter 121 of this title or the laws of another country), fixed or floating, that dynamically holds position or is temporarily or permanently attached to the seabed or subsoil under the sea; and (B) the term “United States offshore facility” means any offshore facility, fixed or floating, that dynamically holds position or is temporarily or permanently attached to the seabed or subsoil under the territorial sea of the United States or the outer Continental Shelf (as that term is defined in section 2 of the Outer Continental Shelf Lands Act ([43 U.S.C. 1331](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1331&num=0&edition=prelim))), including any vessel, rig, platform, or other vehicle or structure subject to regulation under section 30 of the Outer Continental Shelf Lands Act ([43 U.S.C. 1356](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1356&num=0&edition=prelim)). (5) **Clarification on authority.—** — Nothing in this subsection authorizes the Secretary to make a delegation under paragraph (2) to a classification society from the People’s Republic of China. **(e)** The Secretary shall revoke a delegation made to a classification society under subsection (b) or (d) if the Secretary of State determines that the classification society provides comparable services in or for a state sponsor of terrorism. **(f)** (1) Upon request of an owner or operator of an offshore supply vessel, the Secretary shall delegate the authorities set forth in paragraph (1) of subsection (b) with respect to such vessel to a classification society to which a delegation is authorized under that paragraph. A delegation by the Secretary under this subsection shall be used for any vessel inspection and examination function carried out by the Secretary, including the issuance of certificates of inspection and all other related documents. (2) If the Secretary determines that a certificate of inspection or related document issued under authority delegated under paragraph (1) of this subsection with respect to a vessel has reduced the operational safety of that vessel, the Secretary may terminate the certificate or document, respectively. (3) Not later than 2 years after the date of the enactment of the Howard Coble Coast Guard and Maritime Transportation Act of 2014, and for each year of the subsequent 2-year period, the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing— (A) the number of vessels for which a delegation was made under paragraph (1); (B) any savings in personnel and operational costs incurred by the Coast Guard that resulted from the delegations; and (C) based on measurable marine casualty and other data, any impacts of the delegations on the operational safety of vessels for which the delegations were made, and on the crew on those vessels. **(g)** (1) There shall be within the Coast Guard an office that conducts comprehensive and targeted oversight of all recognized organizations that act on behalf of the Coast Guard. (2) The staff of the office shall include subject matter experts, including inspectors, investigators, and auditors, who possess the capability and authority to audit all aspects of such recognized organizations. (3) In this subsection the term “recognized organization” has the meaning given that term in section 2.45–1 of title 46, Code of Federal Regulations, as in effect on the date of the enactment of the Hamm Alert Maritime Safety Act of 2018. **(h)** In this section, the term “state sponsor of terrorism” means any country the government of which the Secretary of State has determined has repeatedly provided support for acts of international terrorism pursuant to section 6(j) 11 See References in Text note below. of the Export Administration Act of 1979 (as continued in effect under the International Emergency Economic Powers Act), section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or any other provision of law.

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

22 U.S.C. § 2780 — Transactions with countries supporting acts of international terrorism

**(a) Prohibited transactions by United States Government** The following transactions by the United States Government are prohibited: (1) Exporting or otherwise providing (by sale, lease or loan, grant, or other means), directly or indirectly, any munitions item to a country described in subsection (d) under the authority of this chapter, the Foreign Assistance Act of 1961 [[22 U.S.C. 2151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2151&num=0&edition=prelim) et seq.], or any other law (except as provided in subsection (h)). In implementing this paragraph, the United States Government— (A) shall suspend delivery to such country of any such item pursuant to any such transaction which has not been completed at the time the Secretary of State makes the determination described in subsection (d), and (B) shall terminate any lease or loan to such country of any such item which is in effect at the time the Secretary of State makes that determination. (2) Providing credits, guarantees, or other financial assistance under the authority of this chapter, the Foreign Assistance Act of 1961 [[22 U.S.C. 2151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2151&num=0&edition=prelim) et seq.], or any other law (except as provided in subsection (h)), with respect to the acquisition of any munitions item by a country described in subsection (d). In implementing this paragraph, the United States Government shall suspend expenditures pursuant to any such assistance obligated before the Secretary of State makes the determination described in subsection (d). The President may authorize expenditures otherwise required to be suspended pursuant to the preceding sentence if the President has determined, and reported to the Co

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2780

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

43 U.S.C. § 1356 — Documentary, registry and manning requirements

**(a) Regulations** Within six months after September 18, 1978, the Secretary of the Department in which the Coast Guard is operating shall issue regulations which require that any vessel, rig, platform, or other vehicle or structure— (1) which is used at any time after the one-year period beginning on the effective date of such regulations for activities pursuant to this subchapter and which is built or rebuilt at any time after such one-year period, when required to be documented by the laws of the United States, be documented under the laws of the United States; (2) which is used for activities pursuant to this subchapter, comply, except as provided in subsection (b), with such minimum standards of design, construction, alteration, and repair as the Secretary or the Secretary of the Department in which the Coast Guard is operating establishes; and (3) which is used at any time after the one-year period beginning on the effective date of such regulations for activities pursuant to this subchapter, be manned or crewed, except as provided in subsection (c), by citizens of the United States or aliens lawfully admitted to the United States for permanent residence. **(b) Exceptions from design, construction, alteration, and repair requirements** The regulations issued under subsection (a)(2) of this section shall not apply to any vessel, rig, platform, or other vehicle or structure built prior to September 18, 1978, until such time after such date as such vehicle or structure is rebuilt. **(c) Exceptions from manning requirements** The regulations issued under subsection (a)(3) of this section shall not apply— (1) to any vessel, rig, platform, or other vehicle or structure if— (A) specific contractual provisions or national registry manning requirements in effect

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

50 U.S.C. § 1701 — Unusual and extraordinary threat; declaration of national emergency; exercise of Presidential authorities

**(a)** Any authority granted to the President by [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) may be exercised to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat. **(b)** The authorities granted to the President by [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) may only be exercised to deal with an unusual and extraordinary threat with respect to which a national emergency has been declared for purposes of this chapter and may not be exercised for any other purpose. Any exercise of such authorities to deal with any new threat shall be based on a new declaration of national emergency which must be with respect to such threat.

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

6 U.S.C. § 542 — Federal air marshal program

(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security. (2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.

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

46 U.S.C. § 2101 — General definitions

In this subtitle— (1) “associated equipment”— (A) means— (i) a system, accessory, component, or appurtenance of a recreational vessel; or (ii) a marine safety article intended for use on board a recreational vessel; but (B) with the exception of emergency locator beacons for recreational vessels operating beyond 3 nautical miles from the baselines from which the territorial sea of the United States is measured or beyond 3 nautical miles from the coastline of the Great Lakes, does not include radio equipment. (2) “Coast Guard” means the organization established and continued under [section 101 of title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section101&num=0&edition=prelim). (3) “Commandant” means the Commandant of the Coast Guard. (4) “commercial service” includes any type of trade or business involving the transportation of goods or individuals, except service performed by a combatant vessel. (5) “consideration” means an economic benefit, inducement, right, or profit including pecuniary payment accruing to an individual, person, or entity, but not including a voluntary sharing of the actual expenses of the voyage, by monetary contribution or donation of fuel, food, beverage, or other supplies. (6) “crude oil” means a liquid hydrocarbon mixture occurring naturally in the earth, whether or not treated to render it suitable for transportation, and includes crude oil from which certain distillate fractions may have been removed, and crude oil to which certain distillate fractions may have been added. (7) “crude oil tanker” means a tanker engaged in the trade of carrying crude oil. (8) “dangerous drug” means a narcotic drug, a controlled substance, or a controlled substance analog (as defined in section 102 of the Com

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

22 U.S.C. § 2371 — Prohibition on assistance to governments supporting international terrorism

**(a) Prohibition** The United States shall not provide any assistance under this chapter, the Food for Peace Act [[7 U.S.C. 1691](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1691&num=0&edition=prelim) et seq.], the Peace Corps Act [[22 U.S.C. 2501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2501&num=0&edition=prelim) et seq.], or the Export-Import Bank Act of 1945 [[12 U.S.C. 635](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section635&num=0&edition=prelim) et seq.] to any country if the Secretary of State determines that the government of that country has repeatedly provided support for acts of international terrorism. **(b) Publication of determinations** Each determination of the Secretary of State under subsection (a), including each determination in effect on December 12, 1989, shall be published in the Federal Register. **(c) Rescission** A determination made by the Secretary of State under subsection (a) may not be rescinded unless the President submits to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate— (1) before the proposed rescission would take effect, a report certifying that— (A) there has been a fundamental change in the leadership and policies of the government of the country concerned; (B) that government is not supporting acts of international terrorism; and (C) that government has provided assurances that it will not support acts of international terrorism in the future; or (2) at least 45 days before the proposed rescission would take effect, a report justifying the rescission and certifying that— (A) the government concerned has not provided any support for international terrorism d

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

46 U.S.C. § 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.

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

43 U.S.C. § 1331 — Definitions

In this subchapter: **(a) Outer Continental Shelf.—** The term “outer Continental Shelf” means— (1) all submerged lands lying seaward and outside of the area of lands beneath navigable waters as defined in [section 1301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1301&num=0&edition=prelim), and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control or within the exclusive economic zone of the United States and adjacent to any territory of the United States; and (2) does not include any area conveyed by Congress to a territorial government for administration; **(b) Secretary.—** The term “Secretary” means the Secretary of the Interior, except that with respect to functions under this subchapter transferred to, or vested in, the Secretary of Energy or the Federal Energy Regulatory Commission by or pursuant to the Department of Energy Organization Act ([42 U.S.C. 7101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7101&num=0&edition=prelim) et seq.), the term “Secretary” means the Secretary of Energy, or the Federal Energy Regulatory Commission, as the case may be. **(c) Lease.—** The term “lease” means any form of authorization which is issued under [section 1337 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1337&num=0&edition=prelim) or maintained under [section 1335 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1335&num=0&edition=prelim) and which authorizes exploration for, and development and production of, minerals. **(d) Person.—** The term “person” includes, in addition to a natural person, an association, a State, a political subdivision o

Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1331

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

14 U.S.C. § 339 — Prevention and response workforces

**(a) Career Paths.—** The Secretary, acting through the Commandant, shall ensure that appropriate career paths for civilian and military Coast Guard personnel who wish to pursue career paths in prevention or response positions are identified in terms of the education, training, experience, and assignments necessary for career progression of civilians and members of the Armed Forces to the most senior prevention or response positions, as appropriate. The Secretary shall make available published information on such career paths. **(b) Qualifications for Certain Assignments.—** An officer, member, or civilian employee of the Coast Guard assigned as a— (1) marine inspector shall have the training, experience, and qualifications equivalent to that required for a similar position at a classification society recognized by the Secretary under [section 3316 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section3316&num=0&edition=prelim) for the type of vessel, system, or equipment that is inspected; (2) marine casualty investigator shall have the training, experience, and qualifications in investigation, marine casualty reconstruction, evidence collection and preservation, human factors, and documentation using best investigation practices by Federal and non-Federal entities; (3) marine safety engineer shall have knowledge, skill, and practical experience in— (A) the construction and operation of commercial vessels; (B) judging the character, strength, stability, and safety qualities of such vessels and their equipment; or (C) the qualifications and training of vessel personnel; (4) waterways operations manager shall have knowledge, skill, and practical experience with respect to maritime transportation system management; or (5)

Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 339

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

43 U.S.C. § 1331 — Definitions

Page 321 TITLE 43—PUBLIC LANDS § 1331 1 See References in Text note below. 2 So in original. Probably should be ‘‘accordance’’. waters for the constitutional purposes of com- merce, navigation, national defense, and inter- national affairs, all of which shall be paramount to, but shall not be deemed to include, propri- etary rights of ownership, or the rights of man- agement, administration, leasing, use, and de- velopment of the lands and natural resources which are specifically recognized, confirmed, es- tablished, and vested in and assigned to the re- spective States and others by section 1311 of this title. (b) In time of war or when necessary for na- tional defense, and the Congress or the Presi- dent shall so prescribe, the United States shall have the right of first refusal to purchase at the prevailing market price, all or any portion of the said natural resources, or to acquire and use any portion of said lands by proceeding in ac- cordance with due process of law and paying just compensation therefor. (May 22, 1953, ch. 65, title II, § 6, 67 Stat. 32.) § 1315. Rights acquired under laws of United States unaffected Nothing contained in this subchapter or sub- chapter I shall affect such rights, if any, as may have been acquired under any law of the United States by any person in lands subject to this subchapter or subchapter I and such rights, if any, shall be governed by the law in effect at the time they may have been acquired: Provided, however, That nothing contained in this sub- chapter or subchapter I is intended or shall be construed as a finding, interpretation, or con- struction by the Congress that the law under which such rights may be claimed in fact or in law applies to the lands subject to this sub- chapter or subchapter I,

Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 1331

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