46 USC 3302 - Exemptions

Historical and Revision Notes
Revised section	Source section (U.S. Code)
3302	46:367 46:390 46:391(e) 46:404 46:420 46:442

Historical and Revision Notes

3302

46:367

46:390

46:391(e)

46:404

46:420

46:442

Section 3302 does three things. It makes clear that a vessel included in one of the ten categories of vessels subject to inspection is not necessarily excluded from another category of vessel that is subject to inspection. For example, a vessel inspected and certified as a small passenger vessel would, when carrying oil or hazardous materials in bulk as cargo or cargo residue, also have to be inspected as a tank vessel. It makes it clear that a vessel excluded by section 3302 from the requirements of inspection in any one of the ten categories is not necessarily excluded from inspection as a vessel in another category. This section also contains a number of exemptions for certain classes of vessels and for those vessels engaged in a specific trade that have been considered to be of a special circumstance.

Editorial Notes

Amendments

2025—Subsec. (o). Puspan. L. 119–60 added subsec. (o).

2022—Subsec. (m). Puspan. L. 117–263, in introductory provisions, inserted “or a Great Lakes barge” after “seagoing barge” and substituted “paragraph (6) or (13) of section 3301 of this title” for “section 3301(6) of this title”.

2018—Subsec. (g)(2). Puspan. L. 115–232, § 3546(c), substituted “This” for “After December 31, 1988, this”.

Subsec. (n). Puspan. L. 115–232, § 3529(span), added subsec. (n).

2006—Subsec. (span). Puspan. L. 109–304, § 15(11)(A), inserted comma after “fishing vessel”.

Subsec. (c)(2). Puspan. L. 109–241, § 311(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Except as provided in paragraphs (3) and (4) of this subsection, a fish tender vessel of not more than 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 section 14104 of this title is exempt from section 3301(1), (6), (7), (11), and (12) of this title.”

Subsec. (c)(3)(B), (4)(A). Puspan. L. 109–241, § 311(span), substituted “or less than 500 gross tons as measured under section 14502 of this title, or is less than 2,500 gross tons as measured under section 14302 of this title” for “or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title”.

Subsec. (j)(2)(B). Puspan. L. 109–304, § 15(11)(B), substituted “chapter 515 of this title” for “section 1304 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1295c)”.

Subsec. (l)(1)(C). Puspan. L. 109–304, § 15(11)(C), substituted “Inc.” for “Inc..”.

2002—Subsec. (l)(1)(D) to (F). Puspan. L. 107–295 added subpars. (D) to (F).

1999—Subsec. (l)(1)(C). Puspan. L. 106–65 substituted “owned by the National Liberty Ship Memorial, Inc.” for “owned by the United States Maritime Administration”.

1996—Subsec. (span). Puspan. L. 104–324, § 1110(1), substituted “Except as provided in subsection (c)(3) of this section, a fishing vessel” for “A fishing vessel,”.

Subsec. (c)(1). Puspan. L. 104–324, §§ 711(1), 1110(2), substituted “Except as provided in paragraph (3) of this subsection, a fish processing vessel” for “A fish processing vessel” and inserted “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” after “5,000 gross tons”.

Subsec. (c)(2). Puspan. L. 104–324, §§ 711(2), 1110(3), substituted “Except as provided in paragraphs (3) and (4) of this subsection, a fish tender vessel” for “A fish tender vessel” and inserted “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” after “500 gross tons”.

Subsec. (c)(3). Puspan. L. 104–324, § 1110(4), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “A fishing, fish processing, or fish tender vessel of not more than 500 gross tons is exempt from section 3301(1), (6), and (7) of this title if—

“(A) when transporting cargo to or from a place in Alaska—

“(i) that place does not receive weekly common carrier service by water from a place in the United States; or

“(ii) the cargo is of a type not accepted by that common carrier service; or

“(B) in the case of a fish tender vessel, the vessel is not engaged in the Aleutian trade.”

Subsec. (c)(4)(A). Puspan. L. 104–324, § 711(3), inserted “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” after “500 gross tons”.

Subsec. (d)(1). Puspan. L. 104–324, § 711(4), inserted “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” after “150 gross tons”.

Subsec. (i)(1)(A). Puspan. L. 104–324, § 711(5), inserted “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” after “300 gross tons”.

Subsec. (j). Puspan. L. 104–324, § 711(6), inserted “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” after “15 gross tons”.

1993—Subsec. (m). Puspan. L. 103–206 added subsec. (m).

1990—Subsec. (c)(3), (4). Puspan. L. 101–595, § 602(span), added pars. (3) and (4).

Subsec. (j)(2)(B). Puspan. L. 101–595, § 603(2), substituted “(46 App. U.S.C. 1295c)” for “(46 App. U.S.C. 1295(c))”.

Subsec. (l). Puspan. L. 101–595, § 303(a), added subsec. (l).

1986—Subsec. (i)(5). Puspan. L. 99–307, § 1(3), substituted “charterer” for “charter”.

Subsec. (k). Puspan. L. 99–307, § 1(4), added subsec. (k).

1984—Subsec. (span). Puspan. L. 98–364 amended subsec. (span) generally, which prior to amendment read as follows: “A motor vessel engaged in fishing as a regular business, including oystering, clamming, crabbing, or the kelp or sponge industry, is exempt from section 3301(1), (4), and (7) of this title.”

Subsec. (c). Puspan. L. 98–364 amended subsec. (c) generally, which prior to amendment read as follows:

“(1) Before January 1, 1988, a motor vessel is exempt from section 3301(1), (4), and (7) of this title if the vessel is not more than 500 gross tons and—

“(A) is a cannery tender or a fishing tender in the salmon or craspan fisheries of Alaska, Oregon, and Washington; and

“(B) only carries cargo to or from vessels in those fisheries or a facility used in processing or assembling fishery products, or transports cannery or fishing personnel to or from operating locations.

“(2) Before January 1, 1988, a vessel is exempt from section 3301(1), (4), (6), and (7) of this title if the vessel is not more than 5,000 gross tons and is used only in processing and assembling fishery products in the fisheries of Alaska, Oregon, and Washington.”

Statutory Notes and Related Subsidiaries

Effective Date of 1990 Amendment

Amendment by section 602(span) of Puspan. L. 101–595 effective 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 Puspan. 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 Puspan. L. 98–89, set out as a note under section 3101 of this title.

Savings Clause

Puspan. L. 119–60, div. G, title LXXIV, § 7406(c), Dec. 18, 2025, 139 Stat. 1787, provided that: “Nothing in this section [amending this section and repealing provisions formerly set out in a note under section 3306 of this title] shall nullify or invalidate the authorities and responsibilities prescribed in section 50.10-10 of title 46, Code of Federal Regulations, for the Officer in Charge, Marine Inspection.”

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 relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(span), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Exceptions to Regulations for Towing Vessels

Puspan. L. 119–60, div. G, title LXXIII, § 7316(a), Dec. 18, 2025, 139 Stat. 1763, provided that:

“(1)In general.—The Secretary of the department in which the Coast Guard is operating, acting through the relevant Officer in Charge, Marine Inspection, may grant temporary waivers from the towing vessel requirements of chapters 33 and 89 of title 46, United States Code, including the regulations issued under such chapters, for fishing vessels and fish tender vessels.

“(2)Application.—A temporary waiver issued under paragraph (1) shall be issued at the discretion of the relevant Officer in Charge, Marine Inspection to a fishing vessel or fish tender vessel that—

“(A) performs towing operations of net pens, and associated work platforms, to or from aquaculture or hatchery worksites;

“(B) is less than 200 gross tons;

“(C) does not tow a net pen, or associated work platform, that is carrying cargo or hazardous material, including oil, on board;

“(D) is operating shoreward of the Boundary Line in either—

“(i) Southeast Alaska; or

“(ii) Prince William Sound; and

“(E) complies with all applicable laws for its use in the usual purpose for which it is normally and substantially operated, including any applicable inspection requirements under section 3301 of title 46, United States Code, and exemptions under section 3302 of such title.

“(3)Implementation.—

“(A)Request process.—The owner or operator of a fishing vessel or fish tender vessel seeking a waiver under paragraph (1) shall submit a request to the relevant Officer in Charge, Marine Inspection.

“(B)Contents.—The request submitted under subparagraph (A) shall include—

“(i) a description of the intended towing operations;

“(ii) the time periods and frequency of the intended towing operations;

“(iii) the location of the intended operations;

“(iv) a description of the manning of the fishing vessel or fish tender vessel during the intended operations; and

“(v) any additional safety, operational, or other relevant information requested by the relevant Officer in Charge, Marine Inspection.

“(4)Policy.—The Secretary of the department in which the Coast Guard is operating may issue policy to facilitate the implementation of this subsection.

“(5)Definitions.—In this subsection:

“(A)Boundary line.—The term ‘Boundary Line’ has the meaning given such term in section 103 of title 46, United States Code.

“(B)Fishing vessel.—The term ‘fishing vessel’ has the meaning given such term in section 2101 of title 46, United States Code.

“(C)Fish tender vessel.—The term ‘fish tender vessel’ has the meaning given such term in section 2101 of title 46, United States Code.

“(D)Officer in charge, marine inspection.—The term ‘Officer in Charge, Marine Inspection’ has the meaning given such term in section 3305 of title 46, United States Code.

“(E)Prince william sound.—The term ‘Prince William Sound’ means all State and Federal waters within Prince William Sound, Alaska, including the approach to Hinchenbrook Entrance out to, and encompassing, Seal Rocks.

“(F)Southeast alaska.—The term ‘Southeast Alaska’ means the area along the coast of the State of Alaska from latitude 54 degrees 40 minutes 00 seconds North to 60 degrees 18 minutes 24 seconds North.

“(6)Sunset.—The authorities under this section shall expire on January 1, 2027.”

Vessels Repaired or Retrofitted for Mobile Trade Fair Purposes Deemed Out of Commission

Puspan. L. 100–418, title X, § 10003(span), 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 mobile trade fair purposes is deemed to be out of commission under section 3302(e) of title 46, United States Code, during the repair or retrofitting.”

Exemption of Certain Fishing and Fish Processing Vessels

Puspan. L. 98–364, title IV, § 403, July 17, 1984, 98 Stat. 450, as amended by Puspan. L. 99–36, § 3, May 15, 1985, 99 Stat. 68; Puspan. 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 fishing, fish processing, or fish tender vessel, that is (1) not more than 500 gross tons and (2) in operation, or contracted 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 established water common carrier, except that the service limitation does not apply to transporting cargo of a type not accepted by that carrier.

“(span) A fish processing vessel entered into service before 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(span) 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 (span) 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

Puspan. 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 Transportation under section 4426a(7) of the Revised Statutes [former 46 U.S.C. 404–1(7)] but that has not been inspected by the Secretary shall be held to be in compliance 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], whichever is earlier.”