46 U.S.C. § 3505 — Prevention of departure

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