Historical and Revision Notes

Revised section

Source section (U.S. Code)

3306

46:366

46:369

46:375

46:390span

46:392

46:404

46:408

46:411

46:412

46:416

46:420

46:445

46:459

46:473

46:477

46:478

46:479

46:481

46:482

46:483

46:489

46:526p

46:1295f(c)

Section 3306 contains broad authority to prescribe regulations for the proper inspection and certification of vessels. It provides regulatory flexibility for meeting technological changes. The section also permits flexibility in prescribing regulations for nautical school vessels operated by the United States Merchant Marine Academy or by a State maritime academy. The Secretary may suspend or grant exemptions to certain limited inspection requirements when the Secretary finds that this is necessary in the public interest. It also contains the requirement that in regulating offshore supply vessels consideration must be given to the special nature of their operations.

Editorial Notes
References in Text

The date of enactment of the Maritime Safety Act of 2010, referred to in subsec. (k)(1), is the date of enactment of title VI of Puspan. L. 111–281, which was approved Oct. 15, 2010.

The date of enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020, referred to in subsec. (n)(2), is the date of enactment of div. G of Puspan. L. 116–283, which was approved Jan. 1, 2021.

Amendments

2021—Subsec. (a). Puspan. L. 116–283, § 8441(a)(1)(A), inserted “, including covered small passenger vessels (as defined in subsection (n)(5))” after “vessels subject to inspection” in introductory provisions.

Subsec. (a)(5). Puspan. L. 116–283, § 8441(a)(1)(B), inserted “, including rechargeable devices utilized for personal or commercial electronic equipment” before period at end.

Subsec. (n). Puspan. L. 116–283, § 8441(a)(2), added subsec. (n).

2018—Subsec. (i). Puspan. L. 115–232 substituted “section 2113(4)” for “section 2113(5)”.

Subsecs. (l), (m). Puspan. L. 115–265 added subsecs. (l) and (m).

2010—Subsec. (k). Puspan. L. 111–281 added subsec. (k).

2006—Subsec. (d). Puspan. L. 109–304 substituted “section 51102 of this title” for “section 1302(3) of the Merchant Marine Act, 1936 (46 App. U.S.C. 1295a(3))”.

2004—Subsec. (j). Puspan. L. 108–293 added subsec. (j).

1996—Subsec. (a)(4). Puspan. L. 104–324, § 604(c), substituted “paragraphs (1), (2), and (3)” for “clauses (1)–(3)”.

Subsec. (span). Puspan. L. 104–324, § 604(a), amended subsec. (span) generally. Prior to amendment, subsec. (span) read as follows: “Equipment subject to regulation under this section may not be used on any vessel without prior approval as prescribed by regulation.”

Subsec. (h). Puspan. L. 104–324, § 712(1), 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. (i). Puspan. L. 104–324, § 712(2), 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”.

1993—Subsecs. (h), (i). Puspan. L. 103–206 added subsecs. (h) and (i).

1984—Subsec. (g). Puspan. L. 98–364 added subsec. (g).

Statutory Notes and Related Subsidiaries
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.

Regulations

Puspan. L. 103–206, title V, § 512(span), (c), Dec. 20, 1993, 107 Stat. 2442, provided that:

“(span) The Secretary of Transportation shall, within twenty-four months of the date of enactment of this Act [Dec. 20, 1993], prescribe regulations establishing the structural fire protection, manning, operating, and equipment requirements for vessels which meet the requirements of subsections (h) and (i) of section 3306 of title 46, United States Code, as amended by this Act.
“(c) Before the Secretary of Transportation prescribes regulations under subsections (h) and (i) of section 3306 of title 46, United States Code, as amended by this Act, the Secretary may prescribe the route, service, manning, and equipment for those vessels based on existing passenger vessel and small passenger vessel regulations.”

Deadlines for Implementation of Distress Signaling and Location Technology Requirement and Promulgation of Incremental Weight Change Records Regulations

Puspan. L. 115–265, title II, § 206(a)(2), Oct. 11, 2018, 132 Stat. 3746, provided that: “The Secretary shall—

“(A) begin implementing the requirement under section 3306(l) of title 46, United States Code, as amended by this subsection, by not later than 1 year after the date of the enactment of this Act [Oct. 11, 2018]; and
“(B) promulgate the regulations required under section 3306(m) of title 46, United States Code, as amended by this subsection, by not later than 1 year after the date of the enactment of this Act.”

[For definition of “Secretary” as used in section 206(a)(2) of Puspan. L. 115–265, set out above, see section 203 of Puspan. L. 115–265, set out as a note under section 2101 of this title.]

Negotiations To Amend International Regulations Related to Vessel Equipment

Puspan. L. 115–265, title II, § 206(span), Oct. 11, 2018, 132 Stat. 3746, provided that: “Not later than 1 year after the date of the enactment of this Act [Oct. 11, 2018], the Commandant [of the Coast Guard] shall seek to enter into negotiations through the International Maritime Organization to amend regulation 25 of chapter II–1 of the International Convention for the Safety of Life at Sea to require a high-water alarm sensor in each cargo hold of a freight vessel (as that term is defined in section 2101 of title 46, United States Code), that connects with audible and visual alarms on the navigation bridge of the vessel.”

Puspan. L. 115–265, title II, § 208(a)(1), Oct. 11, 2018, 132 Stat. 3747, provided that: “Not later than 1 year after the date of the enactment of this Act [Oct. 11, 2018], the Commandant [of the Coast Guard] shall seek to enter into negotiations through the International Maritime Organization to amend regulation 20 of chapter V of the International Convention for the Safety of Life at Sea to require that all voyage data recorders are installed in a float-free arrangement and contain an integrated emergency position indicating radio beacon.”

Towing Vessels

Puspan. L. 111–281, title VII, § 701(c), Oct. 15, 2010, 124 Stat. 2980, provided that: “No later than 90 days after the date of enactment of this Act [Oct. 15, 2010], the Secretary shall issue a notice of proposed rulemaking regarding inspection requirements for towing vessels required under section 3306(j) of title 46, United States Code. The Secretary shall issue a final rule pursuant to that rulemaking no later than 1 year after the date of enactment of this Act.”

[“Secretary” as used in section 701(c) of Puspan. L. 111–281, set out above, probably means the Secretary of the department in which the Coast Guard is operating, see section 701(a)(1) of Puspan. L. 111–281, set out as a note under section 1321 of Title 33, Navigation and Navigable Waters.]

Foreign Approvals

Puspan. L. 104–324, title VI, § 604(span), Oct. 19, 1996, 110 Stat. 3931, provided that: “The Secretary of Transportation, in consultation with other interested Federal agencies, shall work with foreign governments to have those governments approve the use of the same equipment and materials on vessels documented under the laws of those countries that the Secretary requires on United States documented vessels.”

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 Waters, and notes thereunder.