
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 46USC2113]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
                       Part A--General Provisions
 
                           CHAPTER 21--GENERAL
 
Sec. 2113. Authority to exempt certain vessels

    If the Secretary decides that the application of a provision of part 
B, C, F, or G of this subtitle is not necessary in performing the 
mission of the vessel engaged in excursions or an oceanographic research 
vessel, or not necessary for the safe operation of certain vessels 
carrying passengers, the Secretary by regulation may--
        (1) for a vessel, issue a special permit specifying the 
    conditions of operation and equipment;
        (2) exempt an oceanographic research vessel from that provision 
    under conditions the Secretary may specify;
        (3) establish different operating and equipment requirements for 
    vessels defined in section 2101(42)(A) of this title;
        (4) establish different structural fire protection, manning, 
    operating, and equipment requirements for vessels of at least 100 
    gross tons but less than 300 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 carrying not more than 150 passengers on 
    domestic voyages if the owner of the vessel--
            (A) makes application for inspection to the Coast Guard 
        within 6 months of the date of enactment of the Passenger Vessel 
        Safety Act of 1993; and
            (B) provides satisfactory documentation that the vessel was 
        chartered at least once within the previous 12 months prior to 
        the date of enactment of that Act; and

        (5) establish different structural fire protection, manning, 
    operating, and equipment requirements for former public vessels of 
    the United States of at least 100 gross tons but less 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, carrying not more 
    than 150 passengers on domestic voyages, if the owner of the 
    vessel--
            (A) makes application for inspection to the Coast Guard 
        within 6 months of the date of enactment of the Passenger Vessel 
        Safety Act of 1993; and
            (B) provides satisfactory documentation that the vessel was 
        chartered at least once within the previous 12 months prior to 
        the date of enactment of that Act.

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 508; Pub. L. 103-206, title V, 
Sec. 511(a), Dec. 20, 1993, 107 Stat. 2441; Pub. L. 104-324, title VII, 
Sec. 710, Oct. 19, 1996, 110 Stat. 3935.)

                      Historical and Revision Notes
------------------------------------------------------------------------
          Revised section                Source section (U.S. Code)
------------------------------------------------------------------------
2113..............................  46:445
                                    46:453
------------------------------------------------------------------------

    Section 2113 provides the Secretary with the authority to exempt 
certain vessels from the inspection and manning requirements of law when 
vessels are engaged in excursions or oceanographic research. This is the 
authority of the issuance of excursion permits when special 
circumstances justify the waiver of certain maritime safety and seamen's 
welfare laws for a short period of time. It also contains flexible 
exemption authority for regulation of oceanographic research vessels.

                       References in Text

    The date of enactment of the Passenger Vessel Safety Act of 1993, 
referred to in pars. (4) and (5), is the date of the enactment of Pub. 
L. 103-206, which was approved Dec. 20, 1993.


                               Amendments

    1996--Par. (4). Pub. L. 104-324, Sec. 710(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 ``less than 300 gross tons''.
    Par. (5). Pub. L. 104-324, Sec. 710(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 ``less than 500 gross tons''.
    1993--Pub. L. 103-206 amended section catchline and text generally. 
Prior to amendment, text read as follows: ``If the Secretary decides 
that the application of a provision of part B or F of this subtitle is 
not necessary in performing the mission of a vessel engaged in 
excursions or an oceanographic research vessel, the Secretary by 
regulation may--
        ``(1) for an excursion vessel, issue a special permit specifying 
    the conditions of operation and equipment; and
        ``(2) exempt the oceanographic research vessel from that 
    provision under conditions the Secretary may specify.''

                  Section Referred to in Other Sections

    This section is referred to in section 3306 of this title.
