46 U.S.C. § 3504 — Notification to passengers

Page 71 TITLE 46—SHIPPING § 3504 preservation of the historic integrity of such vessel in areas carrying or accessible to pas- sengers or generally visible to the public; and (C) prescribe regulations to carry out this section, including to prescribe the manner in which prospective passengers are to be noti- fied under paragraph (1)(A). (4) The penalties provided in section 3504(c) of this title shall apply to a violation of this sub- section. (c) In addition to otherwise applicable pen- alties, the Secretary may immediately withdraw a certificate of inspection for an exempted ves- sel described in subsection (a)(2) that does not comply with any requirement under subsection (b). (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 519; Pub. L. 99–307, § 1(7)(A), May 19, 1986, 100 Stat. 445; Pub. L. 102–241, § 20, Dec. 19, 1991, 105 Stat. 2216; Pub. L. 104–324, title XI, § 1133, Oct. 19, 1996, 110 Stat. 3985; Pub. L. 115–282, title VIII, § 834, Dec. 4, 2018, 132 Stat. 4318.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 3503 .............................................. 46:369(b) Section 3503 requires the use of fire retardant mate- rials on a vessel having berthing facilities for at least 50 passengers. This requirement in the case of vessels engaged in foreign trade is consistent with our inter- national treaty obligations, which impose extensive and additional fire safety standards. A waiver that grandfathers existing inland river passenger vessels is also included. Editorial Notes AMENDMENTS 2018—Pub. L. 115–282 amended section generally. Prior to amendment, text read as follows: ‘‘(a) A passenger vessel of the United States having berth or stateroom accommodations for at least 50 pas- sengers shall be granted a certificate of inspection only if the vessel is constructed of fire-retardant materials. Before November 1, 2008, this section does not apply to any vessel in operation before January 1, 1968, and op- erating only within the Boundary Line. ‘‘(b)(1) When a vessel is exempted from the fire-re- tardant standards of this section— ‘‘(A) the owner or managing operator of the vessel shall notify prospective passengers that the vessel does not comply with applicable fire safety standards due primarily to the wooden construction of pas- senger berthing areas; ‘‘(B) the owner or managing operator of the vessel may not disclaim liability to a passenger for death, injury, or any other loss caused by fire due to the negligence of the owner or managing operator; ‘‘(C) the penalties provided in section 3504(c) of this title apply to a violation of this subsection; and ‘‘(D) the owner or managing operator of the vessel shall notify the Coast Guard of structural alterations to the vessel, and with regard to those alterations comply with any noncombustible material require- ments that the Coast Guard prescribes for nonpublic spaces. Coast Guard requirements shall be consistent with preservation of the historic integrity of the ves- sel in areas carrying or accessible to passengers or generally visible to the public. ‘‘(2) The Secretary shall prescribe regulations under this subsection on the manner in which prospective passengers are to be notified.’’ 1996—Subsec. (a). Pub. L. 104–324 substituted ‘‘Before November 1, 2008, this section does not apply to any vessel in operation before January 1, 1968, and oper- ating only within the Boundary Line.’’ for ‘‘Before No- vember 1, 1998, this section does not apply to a vessel in operation before January 1, 1968, and operating only on the inland rivers.’’ 1991—Subsec. (a). Pub. L. 102–241, § 20(1), substituted ‘‘1998’’ for ‘‘1993’’. Subsec. (b)(1)(D). Pub. L. 102–241, § 20(2), added subpar. (D). 1986—Pub. L. 99–307 designated existing provision as subsec. (a), substituted ‘‘November 1, 1993’’ for ‘‘Novem- ber 1, 1988’’ and inserted ‘‘in operation before January 1, 1968, and’’ after ‘‘to a vessel’’, and added subsec. (b). Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS 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. NOTIFICATION TO PROSPECTIVE PASSENGERS OF NONCOMPLIANCE WITH FIRE-RETARDANT STANDARDS Pub. L. 99–307, § 1(7)(B), May 19, 1986, 100 Stat. 445, re- quired notification to prospective passengers of a ves- sel’s noncompliance with certain standards until regu- lations became effective. § 3504. Notification to passengers (a) A person selling passage on a foreign or do- mestic passenger vessel having berth or state- room accommodations for at least 50 passengers and embarking passengers at United States ports for a coastwise or an international voyage shall notify each prospective passenger of the safety standards applicable to the vessel in a manner prescribed by regulation. (b) All promotional literature or advertising through any medium of communication in the United States offering passage or soliciting pas- sengers for ocean voyages anywhere in the world shall include information similar to the infor- mation described in subsection (a) of this sec- tion, and shall specify the registry of each vessel named, as a part of the advertisement or de- scription of the voyage. Except for the inclusion of the country of registry of the vessel, this sub- section does not apply to voyages by vessels meeting the safety standards described in sec- tion 3505 of this title. (c) A person violating this section or a regula- tion prescribed under this section is liable to the United States Government for a civil penalty of not more than $10,000. If the violation involves the sale of tickets for passage, the owner, charterer, managing operator, agent, master, in- dividual in charge, or any other person involved in each violation also is liable to the Govern- ment for a civil penalty of $500 for each ticket sold. The vessel on which passage is sold also is liable in rem for a violation of this section or a regulation prescribed under this section. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 519.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 3504 .............................................. 46:362(b) Page 72 TITLE 46—SHIPPING § 3505 Section 3504 requires notification to the public of the safety standards that are applicable to certain foreign flag or United States passenger vessels. In addition, all promotional literature or advertising that offers pas- sage or solicits passengers for ocean voyages anywhere in the world shall include a safety standard statement and shall specify the registry of the vessel. If the vessel meets the international standards to which the United States adheres, then the safety standard statement need not be included. In all other cases the type of safe- ty standard statement that must be included is as pre- scribed by regulation. This section is intended to place the United States public on notice as to the degree of fire safety compliance of a foreign-flag passenger vessel that does not operate or depart from a port or place in the United States but does embark passengers from the United States at nearby foreign ports. Departures from foreign ports are undertaken because the foreign-flag passenger vessel cannot comply with the safety stand- ards applicable to a United States flag passenger ves- sel. § 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.) 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 pas- sengers, if the vessel does not comply with the inter- national maritime safety standards applicable to United States vessels. Editorial Notes AMENDMENTS 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 de- part 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 accom- modations for at least 50 passengers may not depart’’. Statutory Notes and Related Subsidiaries INTERNATIONAL CONVENTION FOR SAFETY OF LIFE AT SEA 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 Wa- ters, and notes thereunder. § 3506. Copies of laws A master of a passenger vessel shall keep on board a copy of this subtitle, to be provided by the Secretary at reasonable cost. If the master fails to do so, the master is liable to the United States Government for a civil penalty of $200. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 520.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 3506 .............................................. 46:492 Section 3506 requires the master of a passenger vessel to keep on board a copy of subtitle II of title 46, U.S.C. Copies of the subtitle shall be provided by the Sec- retary at reasonable cost. § 3507. Passenger vessel security and safety re- quirements (a) VESSEL DESIGN, EQUIPMENT, CONSTRUCTION, AND RETROFITTING REQUIREMENTS.— (1) IN GENERAL.—Each vessel to which this subsection applies shall comply with the fol- lowing design and construction standards: (A) The vessel shall be equipped with ship rails that are located not less than 42 inches above the cabin deck. (B) Each passenger stateroom and crew cabin shall be equipped with entry doors that include peep holes or other means of visual identification. (C) For any vessel the keel of which is laid after the date of enactment of the Cruise Vessel Security and Safety Act of 2010, each passenger stateroom and crew cabin shall be equipped with— (i) security latches; and (ii) time-sensitive key technology. (D) The vessel shall integrate technology that can be used for capturing images of pas- sengers or detecting passengers who have fallen overboard, to the extent that such technology is available. (E) The vessel shall be equipped with a suf- ficient number of operable acoustic hailing or other such warning devices to provide communication capability around the entire vessel when operating in high risk areas (as defined by the United States Coast Guard). (2) FIRE SAFETY CODES.—In administering the requirements of paragraph (1)(C), the Sec- retary shall take into consideration fire safety and other applicable emergency requirements established by the U.S. Coast Guard and under international law, as appropriate. (b) VIDEO RECORDING.— (1) REQUIREMENT TO MAINTAIN SURVEIL- LANCE.— (A) IN GENERAL.—The owner of a vessel to which this section applies shall maintain a video surveillance system to assist in docu- menting crimes on the vessel and in pro- viding evidence for the prosecution of such crimes. (B) PLACEMENT OF VIDEO SURVEILLANCE EQUIPMENT.— (i) IN GENERAL.—Not later than 18 months after the date of the enactment of