
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 46USC3102]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
              Part B--Inspection and Regulation of Vessels
 
                           CHAPTER 31--GENERAL
 
Sec. 3102. Immersion suits

    (a) The Secretary shall by regulation require immersion suits on 
vessels designated by the Secretary that operate in the Atlantic Ocean 
north of 32 degrees North latitude or south of 32 degrees South latitude 
and in all other waters north of 35 degrees North latitude or south of 
35 degrees South latitude. The Secretary may not exclude a vessel from 
designation under this section only because that vessel carries other 
lifesaving equipment.
    (b) The Secretary shall establish standards for an immersion suit 
required by this section, including standards to guarantee adequate 
thermal protection, buoyance, and flotation stability.
    (c)(1) The owner, charterer, managing operator, agent, master, or 
individual in charge of a vessel violating this section or a regulation 
prescribed under this section is liable to the United States Government 
for a civil penalty of not more than $5,000. The vessel also is liable 
in rem for the penalty.
    (2) The owner, charterer, managing operator, agent, master, or 
individual in charge of a vessel violating this section or a regulation 
prescribed under this section may be fined not more than $25,000, 
imprisoned for not more than 5 years, or both.

(Added Pub. L. 98-557, Sec. 22(a)(1), Oct. 30, 1984, 98 Stat. 2871; 
amended Pub. L. 98-623, title VII, Sec. 701(a)(1), Nov. 8, 1984, 98 
Stat. 3413; Pub. L. 99-36, Sec. 2, May 15, 1985, 99 Stat. 68; Pub. L. 
100-424, Sec. 8(a)(1), (2), Sept. 9, 1988, 102 Stat. 1592, 1593.)

                          Codification

    Pub. L. 98-557 and Pub. L. 98-623 enacted identical section 3102 of 
this title. Section 22 of Pub. L. 98-557, which enacted first identical 
section 3102 of this title, was repealed by section 2 of Pub. L. 99-36, 
set out below as a Repeal of Duplicate Section note.


                               Amendments

    1988--Pub. L. 100-424 substituted ``Immersion'' for ``Exposure'' in 
section catchline, and ``immersion'' for ``exposure'' in subsecs. (a) 
and (b).


Repeal of Duplicate Section 3102; References Thereto and Regulations and 
                           Actions Thereunder

    Section 2 of Pub. L. 99-36 provided that: ``Section 22 of the Coast 
Guard Authorization Act of 1984 (Public Law 98-557; 98 Stat. 2871), and 
the amendments made by such section [enacting first identical section 
3102 of this title and provisions set out as a note under this section 
and amending the analysis of chapter 31 of this title], are repealed as 
of November 8, 1984. Regulations prescribed and actions taken under, and 
references to, such section and the amendments made by such section are 
deemed to be regulations prescribed and actions taken under, and 
references to, section 701 of the Act of November 8, 1984 (Public Law 
98-623; 98 Stat. 3413), and the amendments made by such section 701 
[enacting second identical section 3102 of this title and provisions set 
out as a note under this section and amending the analysis of chapter 31 
of this title].''


                               Regulations

    Section 701(b), (c) of title VII of Pub. L. 98-623 provided:
    ``(b) Section 3102 of title 46, United States Code (as added by 
subsection (a) of this section), does not limit the authority of the 
Secretary of the department in which the Coast Guard is operating to 
prescribe regulations requiring exposure suits on vessels not required 
by section 3102 to have exposure suits.
    ``(c) The regulations prescribed under section 3102 of title 46, 
United States Code (as added by subsection (a) of this section), shall 
be effective not later than 60 days after the date of enactment of this 
title [Nov. 8, 1984].'' [Regulations effective Dec. 30, 1984, see 49 
F.R. 50722, Dec. 31, 1984.]
    Similar provisions were contained in section 22(b), (c) of Pub. L. 
98-557, which was repealed by section 2 of Pub. L. 99-36, set out above 
as a Repeal of Duplicate Section note.

                  Section Referred to in Other Sections

    This section is referred to in section 4502 of this title.
