46 U.S.C. § 3305 — Scope and standards of inspection

Page 53 TITLE 46—SHIPPING § 3305 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. § 3304. Transporting individuals in addition to crew (a) A documented vessel transporting cargo that transports not more than 12 individuals in addition to the crew on international voyages, or not more than 16 individuals in addition to the crew on other voyages, is not subject to in- spection as a passenger vessel or a small pas- senger vessel if the vessel is otherwise subject to inspection under this chapter. (b) Except when subsection (e) of this section applies, before an individual in addition to the crew is transported on a vessel as permitted by this section, the owner, charterer, managing op- erator, agent, master, or individual in charge of the vessel first shall notify the individual of the presence on board of dangerous articles as de- fined by law, and of other conditions or cir- cumstances that would constitute a risk of safe- ty to the individual on board. (c) A privilege authorized by this section ap- plies to a vessel of a foreign country that affords a similar privilege to vessels of the United States in trades not restricted to vessels under its own flag. (d) A fishing, fish processing, or fish tender vessel that transports not more than 12 individ- uals employed in the fishing industry in addi- tion to the crew is not subject to inspection as a passenger or small passenger vessel. (e) The Secretary may by regulation allow in- dividuals in addition to the crew to be trans- ported in an emergency or under section 2304 of this title. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 513; Pub. L. 98–364, title IV, § 402(4), July 17, 1984, 98 Stat. 446; Pub. L. 99–307, § 1(5)(A), May 19, 1986, 100 Stat. 444.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 3304 .............................................. 46:390–393 46:882 Section 3304 permits the carriage of not more than 12 individuals in addition to the crew on international voyages or not more than 16 individuals in addition to the crew on other voyages without subjecting a docu- mented vessel carrying cargo to the inspection require- ments of a passenger vessel. This section permits the bulk of vessels subject to the International Convention for Safety of Life at Sea to carry up to 12 passengers and to permit other cargo vessels, primarily those en- gaged in the coastwise trade, to carry up to 16 pas- sengers without being categorized as passenger vessels. It also requires that these individuals be notified of the presence of dangerous articles or other conditions or circumstances that constitute a risk of safety. This is of prime importance on tank vessels that carry flam- mable or hazardous cargoes. Editorial Notes AMENDMENTS 1986—Pub. L. 99–307, § 1(5)(A)(i), substituted ‘‘Trans- porting’’ for ‘‘Carrying’’ in section catchline. Subsec. (a). Pub. L. 99–307, § 1(5)(A)(ii), substituted ‘‘transporting cargo that transports’’ for ‘‘carrying cargo that carries’’ and inserted ‘‘if the vessel is other- wise subject to inspection under this chapter’’. Subsec. (b). Pub. L. 99–307, § 1(5)(A)(iii), substituted ‘‘Except when subsection (e) of this section applies, be- fore’’ for ‘‘Before’’ and ‘‘transported’’ for ‘‘carried’’. Subsec. (c). Pub. L. 99–307, § 1(5)(A)(iv), substituted ‘‘A privilege’’ for ‘‘The privilege’’. Subsec. (e). Pub. L. 99–307, § 1(5)(A)(v), added subsec. (e). 1984—Subsec. (d). Pub. L. 98–364 added subsec. (d). 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. § 3305. Scope and standards of inspection (a)(1) The inspection process shall ensure that a vessel subject to inspection— (A) is of a structure suitable for the service in which it is to be employed; (B) is equipped with proper appliances for lifesaving, fire prevention, and firefighting; (C) has suitable accommodations for the crew, sailing school instructors, and sailing school students, and for passengers on the ves- sel if authorized to carry passengers; (D) has an adequate supply of potable water for drinking and washing by passengers and crew; (E) is in a condition to be operated with safety to life and property; and (F) complies with applicable marine safety laws and regulations. (2) In determining the adequacy of the supply of potable water under paragraph (1)(D), the Sec- retary shall consider— (A) the size and type of vessel; (B) the number of passengers or crew on board; (C) the duration and routing of voyages; and (D) guidelines for potable water rec- ommended by the Centers for Disease Control and Prevention and the Public Health Service. (b) If an inspection, or examination under sec- tion 3308 of this title, reveals that a life pre- server, lifesaving device, or firehose is defective and incapable of being repaired, the owner or master shall destroy the life preserver, life- saving device, or firehose in the presence of the official conducting the inspection or examina- tion. (c) A nautical school vessel operated by a ci- vilian nautical school or by an educational in- stitution under section 558 of title 40 shall be in- spected like a small passenger vessel or a pas- senger vessel, depending on its tonnage. (d)(1) The Commandant of the Coast Guard shall ensure that Officers in Charge, Marine In- spections consistently interpret regulations and standards under this subtitle and chapter 700 to avoid disruption and undue expense to industry. (2)(A) Subject to subparagraph (B), in the event of a disagreement regarding the condition of a vessel or the interpretation of a regulation or standard referred to in subsection (a) between a local Officer in Charge, Marine Inspection con- Page 54 TITLE 46—SHIPPING § 3305 ducting an inspection of the vessel and the Offi- cer in Charge, Marine Inspection that issued the most recent certificate of inspection for the ves- sel, such Officers shall seek to resolve such dis- agreement. (B) If a disagreement described in subpara- graph (A) involves vessel design or plan review, the Coast Guard marine safety center shall be included in all efforts to resolve such disagree- ment. (C) If a disagreement described in subpara- graph (A) or (B) cannot be resolved, the local Of- ficer in Charge, Marine Inspection shall submit to the Commandant of the Coast Guard, through the cognizant Coast Guard district commander, a request for a final agency determination of the matter in disagreement. (3) The Commandant of the Coast Guard shall— (A) provide to each person affected by a deci- sion or action by an Officer in Charge, Marine Inspection or by the Coast Guard marine safe- ty center all information necessary for such person to exercise any right to appeal such de- cision or action; and (B) if such an appeal is filed, process such appeal under parts 1 through 4 of title 46, Code of Federal Regulations, as in effect on the date of enactment of the Frank LoBiondo Coast Guard Authorization Act of 2018. (4) In this section, the term ‘‘Officer in Charge, Marine Inspection’’ means any person from the civilian or military branch of the Coast Guard who— (A) is designated as such by the Com- mandant; and (B) under the superintendence and direction of the cognizant Coast Guard district com- mander, is in charge of an inspection zone for the performance of duties with respect to the inspections under, and enforcement and ad- ministration of, subtitle II, chapter 700, and regulations under such laws. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 513; Pub. L. 99–36, § 1(a)(1), May 15, 1985, 99 Stat. 67; Pub. L. 99–640, § 13(e), Nov. 10, 1986, 100 Stat. 3551; Pub. L. 107–217, § 3(m)(2), Aug. 21, 2002, 116 Stat. 1302; Pub. L. 108–293, title IV, § 416, Aug. 9, 2004, 118 Stat. 1047; Pub. L. 109–241, title IX, § 901(f), July 11, 2006, 120 Stat. 564; Pub. L. 115–282, title V, § 501(a), Dec. 4, 2018, 132 Stat. 4268; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8507(a)(1), Jan. 1, 2021, 134 Stat. 4752.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 3305 .............................................. 46:369 46:390a 46:391 46:392 46:395 46:404–1 46:405 46:406 46:407 46:408 46:660a 46:881 Section 3305 consolidates, at one place, the basic scope of coverage of the inspection process. It is to be noted that the time difference in enactment of various statutes has resulted in some anomalies. Thus, for ex- ample, R.S. 4417 (46 U.S.C. 391) which had originally set periods of inspection and vested authority in ‘‘local in- spectors’’ was expanded over the years to provide the base for inspection of certain classes of vessels as well as setting out the periods and scope. The distillation of inspection objectives and standards in later laws and the transfer of all functions of separately created bu- reaus and functionaries to the Coast Guard permit this consolidation. There are those who have a desire to see the scope and standards of inspection be more specific in law similar to those presently applicable to boilers and boiler plating that predate 1871. The Committee be- lieves this serves no useful purpose since the specifics are either antiquated or too limiting and have, in fact, been superceded by the statutorily authorized adoption of various industrial specifications, standards, and codes by the Coast Guard. These include the American Bureau of Shipping (ABS), American Society of Me- chanical Engineers (ASME), American National Stand- ards Institute (ANSI), American Society for Testing and Materials (ASTM), American Welding Society (AWS), Underwriters Laboratories (UL), and many oth- ers. In addition, Coast Guard regulations must also im- plement and conform to the numerous international maritime safety treaties to which the United States is signatory. The Committee expects that the regulatory flexibility being provided will not reduce the present vessel inspection requirements that have been histori- cally developed. Section 3305(a) establishes the statutory scope of the Coast Guard’s vessel inspection authority and duty. The inspection process shall ensure that a vessel is of suitable structure, equipment, and accommodations, is maintained in an operating condition consistent with safety of life and property, and complies with applica- ble marine safety laws and regulations. Subsection (b) requires that defective life preservers and firehose be destroyed in the presence of the in- specting official, normally a qualified Coast Guard ma- rine inspector. The Committee believes that if this equipment is defective for use on an inspected vessel, it should be destroyed so that it cannot be used on an uninspected or recreational vessel. Subsection (c) provides flexibility in the inspection of various sizes of nautical school vessels. Editorial Notes REFERENCES IN TEXT The date of enactment of the Frank LoBiondo Coast Guard Authorization Act of 2018, referred to in subsec. (d)(3)(B), is the date of enactment of Pub. L. 115–282, which was approved Dec. 4, 2018. AMENDMENTS 2021—Subsec. (d)(3)(B). Pub. L. 116–283 substituted ‘‘Frank LoBiondo Coast Guard Authorization Act of 2018’’ for ‘‘Coast Guard Authorization Act of 2017’’. 2018—Subsec. (d). Pub. L. 115–282 added subsec. (d). 2006—Subsec. (a)(2). Pub. L. 109–241 realigned margins. 2004—Subsec. (a). Pub. L. 108–293, § 416(b), designated existing provisions as par. (1), redesignated former pars. (1) to (6) as subpars. (A) to (F), respectively, of par. (1), and added par. (2). Subsec. (a)(4) to (6). Pub. L. 108–293, § 416(a), added par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively. 2002—Subsec. (c). Pub. L. 107–217 substituted ‘‘section 558 of title 40’’ for ‘‘section 13 of the Coast Guard Au- thorization Act of 1986’’. 1986—Subsec. (c). Pub. L. 99–640 inserted ‘‘or by an educational institution under section 13 of the Coast Guard Authorization Act of 1986’’. 1985—Subsec. (b). Pub. L. 99–36 substituted ‘‘life- saving’’ and ‘‘life preserver, lifesaving device, or fire- hose’’ for ‘‘life-saving’’ and ‘‘life preserver or firehose’’, respectively. Page 55 TITLE 46—SHIPPING § 3306 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. § 3306. Regulations (a) To carry out this part and to secure the safety of individuals and property on board ves- sels subject to inspection, including covered small passenger vessels (as defined in subsection (n)(5)), the Secretary shall prescribe necessary regulations to ensure the proper execution of, and to carry out, this part in the most effective manner for— (1) the design, construction, alteration, re- pair, and operation of those vessels, including superstructures, hulls, fittings, equipment, ap- pliances, propulsion machinery, auxiliary ma- chinery, boilers, unfired pressure vessels, pip- ing, electric installations, and accommoda- tions for passengers and crew, sailing school instructors, and sailing school students; (2) lifesaving equipment and its use; (3) firefighting equipment, its use, and pre- cautionary measures to guard against fire; (4) inspections and tests related to para- graphs (1), (2), and (3) of this subsection; and (5) the use of vessel stores and other supplies of a dangerous nature, including rechargeable devices utilized for personal or commercial electronic equipment. (b)(1) Equipment and material subject to regu- lation under this section may not be used on any vessel without prior approval of the Secretary. (2) Except with respect to use on a public ves- sel, the Secretary may treat an approval of equipment or materials by a foreign government as approval by the Secretary for purposes of paragraph (1) if the Secretary determines that— (A) the design standards and testing proce- dures used by that government meet the re- quirements of the International Convention for the Safety of Life at Sea, 1974; (B) the approval of the equipment or mate- rial by the foreign government will secure the safety of individuals and property on board vessels subject to inspection; and (C) for lifesaving equipment, the foreign gov- ernment— (i) has given equivalent treatment to ap- provals of lifesaving equipment by the Sec- retary; and (ii) otherwise ensures that lifesaving equipment approved by the Secretary may be used on vessels that are documented and subject to inspection under the laws of that country. (c) In prescribing regulations for sailing school vessels, the Secretary shall consult with rep- resentatives of the private sector having experi- ence in the operation of vessels likely to be cer- tificated as sailing school vessels. The regula- tions shall— (1) reflect the specialized nature of sailing school vessel operations, and the character, design, and construction of vessels operating as sailing school vessels; and (2) include requirements for notice to sailing school instructors and sailing school students about the specialized nature of sailing school vessels and applicable safety regulations. (d) In prescribing regulations for nautical school vessels operated by the United States Merchant Marine Academy or by a State mari- time academy (as defined in section 51102 of this title), the Secretary shall consider the function, purpose, and operation of the vessels, their routes, and the number of individuals who may be carried on the vessels. (e) When the Secretary finds it in the public interest, the Secretary may suspend or grant ex- emptions from the requirements of a regulation prescribed under this section related to life- saving and firefighting equipment, muster lists, ground tackle and hawsers, and bilge systems. (f) In prescribing regulations for offshore sup- ply vessels, the Secretary shall consider the characteristics, methods of operation, and the nature of the service of offshore supply vessels. (g) In prescribing regulations for fish proc- essing or fish tender vessels, the Secretary shall consult with representatives of the private sec- tor having experience in the operation of these vessels. The regulations shall reflect the special- ized nature and economics of fish processing or fish tender vessel operations and the character, design, and construction of fish processing or fish tender vessels. (h) The Secretary shall establish appropriate structural fire protection, manning, operating, and equipment requirements for vessels of at least 100 gross tons but less than 300 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 Secretary under section 14104 of this title carrying not more than 150 passengers on domestic voyages, which meet the eligibility criteria of section 2113(4) of this title. (i) The Secretary shall establish appropriate structural fire protection, manning, operating, and equipment requirements for former public vessels of the United States of at least 100 gross tons but less that 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 Secretary under sec- tion 14104 of this title carrying not more than 150 passengers on domestic voyages, which meet the eligibility criteria of section 2113(4) of this title. (j) The Secretary may establish by regulation a safety management system appropriate for the characteristics, methods of operation, and na- ture of service of towing vessels. (k)(1) Each vessel of the United States that is constructed under a contract entered into after the date of enactment of the Maritime Safety Act of 2010, or that is delivered after January 1, 2011, with an aggregate capacity of 600 cubic me- ters or more of oil fuel, shall comply with the requirements of Regulation 12A under Annex I to the Protocol of 1978 relating to the Inter- national Convention for the Prevention of Pollu- tion from Ships, 1973, entitled ‘‘Oil Fuel Tank Protection’’. (2) The Secretary may prescribe regulations to apply the requirements described in Regulation 12A to vessels described in paragraph (1) that are not otherwise subject to that convention. Any