46 U.S.C. § 3303 — Reciprocity for foreign vessels

Page 52 TITLE 46—SHIPPING § 3303 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Amendment by section 602(b) of Pub. L. 101–595 effec- tive Nov. 16, 1990, except that requirements imposed by subsec. (c)(4)(B) and (C), effective six months after Nov. 16, 1990, see section 602(f) of Pub. L. 101–595, set out as a note under section 4502 of this title. 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. 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. VESSELS REPAIRED OR RETROFITTED FOR MOBILE TRADE FAIR PURPOSES DEEMED OUT OF COMMISSION Pub. L. 100–418, title X, § 10003(b), Aug. 23, 1988, 102 Stat. 1573, provided that: ‘‘For one year after the date of enactment of this Act [Aug. 23, 1988], a vessel that is undergoing repair or retrofitting for use solely for mo- bile trade fair purposes is deemed to be out of commis- sion under section 3302(e) of title 46, United States Code, during the repair or retrofitting.’’ EXEMPTION OF CERTAIN FISHING AND FISH PROCESSING VESSELS Pub. L. 98–364, title IV, § 403, July 17, 1984, 98 Stat. 450, as amended by Pub. L. 99–36, § 3, May 15, 1985, 99 Stat. 68; Pub. L. 101–225, title III, § 306, Dec. 12, 1989, 103 Stat. 1925, provided that: ‘‘(a) Except as provided in chapter 37 of title 46, United States Code, and before January 1, 1991, a fish- ing, fish processing, or fish tender vessel, that is (1) not more than 500 gross tons and (2) in operation, or con- tracted for purchase to be used as a vessel of this type, before July 1, 1984, may transport cargo to or from a place in Alaska not receiving weekly transportation service from a port of the United States by an estab- lished water common carrier, except that the service limitation does not apply to transporting cargo of a type not accepted by that carrier. ‘‘(b) A fish processing vessel entered into service be- fore January 1, 1988, and more than 1,600 gross tons or entered into service after December 31, 1987, and having more than 16 individuals on board primarily employed in the preparation of fish or fish products is exempt from section 8702(b) of title 46, United States Code, until 18 months after the date of enactment of this Act [July 17, 1984]. ‘‘(c) As used in subsections (a) and (b) of this section, the terms ‘fishing vessel’, ‘fish processing vessel’ and ‘fish tender vessel’ shall have the meaning given to such terms in section 2101 of title 46, United States Code.’’ OFFSHORE SUPPLY VESSELS; TRANSITION PERIOD FOR COMPLIANCE WITH VESSEL INSPECTION PROVISIONS Pub. L. 98–89, § 2(i), Aug. 26, 1983, 97 Stat. 599, provided that: ‘‘Each offshore supply vessel described in section 3302(g) of title 46 (as enacted by section 1 of this Act), that was registered with the Secretary of Transpor- tation under section 4426a(7) of the Revised Statutes [former 46 U.S.C. 404–1(7)] but that has not been in- spected by the Secretary shall be held to be in compli- ance with all applicable vessel inspection laws pending verification by actual inspection or until one year after the date of enactment of this Act [Aug. 26, 1983], which- ever is earlier.’’ § 3303. Reciprocity for foreign vessels Except as provided in chapter 37 and section 3505 of this title, a foreign vessel of a country having inspection laws and standards similar to those of the United States and that has an unex- pired certificate of inspection issued by proper authority of its respective country, is subject to an inspection to ensure that the condition of the vessel is as stated in its current certificate of in- spection. A foreign country is considered to have inspection laws and standards similar to those of the United States when it is a party to an International Convention for Safety of Life at Sea to which the United States Government is currently a party. A foreign certificate of in- spection may be accepted as evidence of lawful inspection only when presented by a vessel of a country that has by its laws accorded to vessels of the United States visiting that country the same privileges accorded to vessels of that coun- try visiting the United States. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 512; Pub. L. 102–587, title V, § 5210(a), Nov. 4, 1992, 106 Stat. 5076; Pub. L. 104–324, title XI, § 1111, Oct. 19, 1996, 110 Stat. 3970; Pub. L. 108–293, title IV, § 411(b), Aug. 9, 2004, 118 Stat. 1046.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 3303 .............................................. 46:362(a) 46:390c 46:391a(3) Section 3303 acknowledges the international concept of comity with respect to recognizing inspection laws and standards for foreign flag vessels that are similar to those of the United States. If a foreign nation is sig- natory to the International Convention for Safety of Life at Sea, it is presumed to have similar standards. However, reciprocity requirements for foreign flag tank vessels are included in chapter 37. Subsection (b) pro- vides for a mutual waiver of fees for the inspection of foreign vessels carrying passengers from the United States. Editorial Notes AMENDMENTS 2004—Pub. L. 108–293 inserted ‘‘and section 3505’’ after ‘‘chapter 37’’. 1996—Pub. L. 104–324 struck out subsec. (a) designa- tion and subsec. (b) which read as follows: ‘‘The Sec- retary shall collect and pay to the Treasury the same fees for the inspection of foreign vessels carrying pas- sengers from the United States that a foreign country charges vessels of the United States trading to the ports of that country. The Secretary may waive at any time the collection of the fees on notice of the proper authorities of any country concerned that the collec- tion of fees for the inspection of vessels of the United States has been discontinued.’’ 1992—Subsec. (a). Pub. L. 102–587, in first sentence, struck out ‘‘only’’ after ‘‘is subject’’ and substituted ‘‘the condition of the vessel is’’ for ‘‘the condition of the vessel’s propulsion equipment and lifesaving equip- ment are’’. 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. 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-