46 U.S.C. § 3307 — Frequency of inspection

Page 61 TITLE 46—SHIPPING § 3309 § 3307. Frequency of inspection Each vessel subject to inspection under this part shall undergo an initial inspection for cer- tification before being put into service. After being put into service— (1) each passenger vessel, nautical school vessel, and small passenger vessel allowed to carry more than 12 passengers on a foreign voyage shall be inspected at least once a year; and (2) any other vessel shall be inspected at least once every 5 years. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 514; Pub. L. 104–324, title VI, § 605(a), Oct. 19, 1996, 110 Stat. 3931.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 3307(1) .......................................... 46:391(c) 46:1295f(c) 3307(2) .......................................... 46:390a(a) 46:404–1(6)(i) 3307(3) .......................................... 46:391(b) 46:392(b) 46:404–1(6)(ii) Section 3307 requires each vessel subject to inspection to undergo an initial inspection prior to being placed in service. This is normally started during the construc- tion or reconstruction phase and is a continuing proc- ess until final certification for operation in a par- ticular trade. Subsequent periodic inspections are also required for various types of vessels. It is to be noted that a freight vessel of less than 100 gross tons shall be inspected at 3 year intervals while the larger freight vessel has a 2 year inspection period. This is being done to retain the existing procedure of issuing 3 year cer- tificates of inspection to smaller vessels, however, this does not prevent periodic inspections or examinations at intervening periods. Editorial Notes AMENDMENTS 1996—Par. (1). Pub. L. 104–324, § 605(a)(1), substituted ‘‘, nautical school vessel, and small passenger vessel al- lowed to carry more than 12 passengers on a foreign voyage’’ for ‘‘and nautical school vessel’’ and inserted ‘‘and’’ at end. Pars. (2), (3). Pub. L. 104–324, § 605(a)(2), (3), redesig- nated par. (3) as (2), substituted ‘‘5 years’’ for ‘‘2 years’’, and struck out former par. (2) which read as follows: ‘‘each small passenger vessel, freight vessel or offshore supply vessel of less than 100 gross tons, and sailing school vessel shall be inspected at least once every 3 years; and’’. Statutory Notes and Related Subsidiaries 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. § 3308. Examinations In addition to inspections required by section 3307 of this title, the Secretary shall examine or have examined— (1) each vessel subject to inspection at prop- er times to ensure compliance with law and regulations; and (2) crewmember accommodations on each vessel subject to inspection at least once a month or when the vessel enters United States ports to ensure that the accommodations are— (A) of the size required by law and regula- tions; (B) properly ventilated and in a clean and sanitary condition; and (C) equipped with proper plumbing and me- chanical appliances required by law and reg- ulations, and the appliances are in good working condition. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 514; Pub. L. 104–324, title VI, § 603(c), Oct. 19, 1996, 110 Stat. 3930.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 3308 .............................................. 46:435 46:660a 46:660b Section 3308 requires the Secretary to carry out addi- tional inspections as might be necessary to ensure com- pliance with applicable laws and regulations, and to en- sure that accommodations are maintained in a sanitary condition and that all appliances are in good working order. Editorial Notes AMENDMENTS 1996—Pub. L. 104–324 inserted ‘‘or have examined’’ after ‘‘examine’’ in introductory provisions. Statutory Notes and Related Subsidiaries 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. § 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 inspec- tion, in a form prescribed by the Secretary, shall be issued to the vessel. (b) The Secretary may issue a temporary cer- tificate of inspection in place of a regular cer- tificate of inspection issued under subsection (a) of this section. (c) At least 30 days before the current certifi- cate of inspection issued to a vessel under sub- section (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 ves- sel— (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 in- spected 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.)