46 U.S.C. § 2306 — Vessel reporting requirements

Page 39 TITLE 46—SHIPPING [§ 2307 (c) The failure to give notice and opportunity to present views under subsection (b) of this sec- tion does not preclude the court from granting appropriate relief. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 509.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 2305 .............................................. 46:1485 Section 2305 provides injunctive authority to enjoin the negligent operation of vessels. This authority can also be used to enjoin the operation of foreign or do- mestic vessels on our waters when they are unsuitable for the voyage intended. § 2306. Vessel reporting requirements (a)(1) An owner, charterer, managing operator, or agent of a vessel of the United States, having reason to believe (because of lack of commu- nication with or nonappearance of a vessel or any other incident) that the vessel may have been lost or imperiled, immediately shall— (A) notify the Coast Guard; and (B) use all available means to determine the status of the vessel. (2) When more than 48 hours have passed since the owner, charterer, managing operator, or agent of a vessel required to report to the United States Flag Merchant Vessel Location Filing System under authority of section 50113 of this title has received a communication from the vessel, the owner, charterer, managing oper- ator, or agent immediately shall— (A) notify the Coast Guard; and (B) use all available means to determine the status of the vessel. (3) An owner, charterer, managing operator, or agent of a vessel of the United States notifying the Coast Guard under paragraph (1) or (2) shall— (A) provide the name and identification number of the vessel, the names of individuals on board, and other information that may be requested by the Coast Guard; and (B) submit written confirmation to the Coast Guard within 24 hours after nonwritten notification to the Coast Guard under such paragraphs. (4) An owner, charterer, managing operator, or agent violating this subsection is liable to the United States Government for a civil penalty of not more than $5,000 for each day during which the violation occurs. (b)(1) The master of a vessel of the United States required to report to the System shall re- port to the owner, charterer, managing oper- ator, or agent at least once every 48 hours. (2) A master violating this subsection is liable to the Government for a civil penalty of not more than $1,000 for each day during which the violation occurs. (c) The Secretary may prescribe regulations to carry out this section. (Added Pub. L. 98–498, title II, § 212(a)(3), Oct. 19, 1984, 98 Stat. 2305; amended Pub. L. 109–304, § 15(9), Oct. 6, 2006, 120 Stat. 1703; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8505(b)(2), Jan. 1, 2021, 134 Stat. 4751.) Editorial Notes AMENDMENTS 2021—Subsec. (a)(3). Pub. L. 116–283 amended par. (3) generally. Prior to amendment, par. (3) read as follows: ‘‘A person notifying the Coast Guard under paragraph (1) or (2) of this subsection shall provide the name and identification number of the vessel, the names of indi- viduals on board, and other information that may be requested by the Coast Guard. The owner, charterer, managing operator, or agent also shall submit written confirmation to the Coast Guard within 24 hours after nonwritten notification to the Coast Guard under those paragraphs.’’ 2006—Subsec. (a)(2). Pub. L. 109–304 substituted ‘‘sec- tion 50113 of this title’’ for ‘‘section 212(A) of the Mer- chant Marine Act, 1936 (46 App. U.S.C. 1122a),’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 98–498, title II, § 214, Oct. 19, 1984, 98 Stat. 2306, provided that: ‘‘Sections 211(a) and 212 of this subtitle [enacting this section and amending sections 2302, 3309, 6101, and 6103 of this title] are effective one hundred and eighty days after the date of enactment of this Act [Oct. 19, 1984].’’ 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. [§ 2307. Repealed. Pub. L. 115–282, title IV, § 402(d), Dec. 4, 2018, 132 Stat. 4264] Section, added Pub. L. 107–295, title IV, § 431(a), Nov. 25, 2002, 116 Stat. 2128; amended Pub. L. 112–213, title III, § 302(a), Dec. 20, 2012, 126 Stat. 1562, related to limita- tion of liability for Coast Guard Vessel Traffic Service pilots and non-Federal vessel traffic service operators. PART B—INSPECTION AND REGULATION OF VESSELS HISTORICAL AND REVISION NOTES Part B provides authority and responsibility for the inspection and regulation of vessels by the Coast Guard. This part specifies those vessels subject to in- spection, those that are specifically exempt from in- spection, and related inspection requirements and pro- cedures. Due to the need for special requirements for the inspection and regulation of passenger vessels and those vessels carrying liquid bulk dangerous cargoes separate chapters have been developed. Additional chapters provide for recreational vessels and those other vessels that are regulated but are not subject to inspection and certification by the Coast Guard. It should also be noted that the United States is signa- tory to a number of international treaties on maritime safety and seamen’s welfare, such as the various Safety of Life at Sea (SOLAS) treaties, and that their provi- sions and requirements are part of United States mari- time law and in many cases are quite extensive. CHAPTER 31—GENERAL Sec. 3101. Authority to suspend inspection. 3102. Immersion suits. 3103. Use of reports, documents, and records. 3104. Survival craft.