46 U.S.C. § 3304 — Transporting individuals in addition to

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-