
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: 46USC3301]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
              Part B--Inspection and Regulation of Vessels
 
                    CHAPTER 33--INSPECTION GENERALLY
 
Sec. 3301. Vessels subject to inspection

    The following categories of vessels are subject to inspection under 
this part:
        (1) freight vessels.
        (2) nautical school vessels.
        (3) offshore supply vessels.
        (4) passenger vessels.
        (5) sailing school vessels.
        (6) seagoing barges.
        (7) seagoing motor vessels.
        (8) small passenger vessels.
        (9) steam vessels.
        (10) tank vessels.
        (11) fish processing vessels.
        (12) fish tender vessels.
        (13) Great Lakes barges.
        (14) oil spill response vessels.

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 510; Pub. L. 98-364, title IV, 
Sec. 402(2), July 17, 1984, 98 Stat. 445; Pub. L. 102-587, title V, 
Sec. 5208(b), Nov. 4, 1992, 106 Stat. 5076; Pub. L. 104-324, title XI, 
Sec. 1104(g), Oct. 19, 1996, 110 Stat. 3967.)

                      Historical and Revision Notes
------------------------------------------------------------------------
          Revised section                Source section (U.S. Code)
------------------------------------------------------------------------
3301(1)...........................  46:391
                                    46:404
3301(2)...........................  46:1295f(c)
3301(3)...........................  46:404-1
3301(4)...........................  46:390a
                                    46:391
3301(5)...........................  46:390a
3301(6)...........................  46:395
3301(7)...........................  46:367
3301(8)...........................  46:390a
3301(9)...........................  46:362
                                    46:391
                                    46:405
3301(10)..........................  46:391a
------------------------------------------------------------------------

    Section 3301 lists all classes of vessels that are subject to 
inspection and certification by the Coast Guard. This section represents 
one of the sought-after advantages of the bill to simplify access to the 
provisions of law governing the regulation of vessels. Under the present 
law, a vessel's inspection status must be determined by examining a 
table appearing at section 2.01-7A of title 46, Code of Federal 
Regulations that divides all vessels into more than 70 separate classes.
    It is important to note that while the classes of vessels are now 
limited to ten, there is no prohibition against developing regulations 
to meet the special needs of various size vessels within any one 
category. For example, it is expected that the Coast Guard will continue 
the practice of establishing standards for freight vessels of not more 
than 100 gross tons and other standards for larger freight vessels.
    It should also be noted that a particular vessel can, when engaged 
in various types of operations, be subject to varying inspection laws. 
For example, an offshore supply vessel could be classed as a small 
passenger vessel or a passenger vessel when it operates as a crew boat 
carrying individuals other than those defined in section 2101(21). If 
the offshore supply vessel is 500 gross tons and over it would then be 
subject to inspection as a seagoing motor vessel, a freight vessel, or a 
passenger vessel.


                               Amendments

    1996--Par. (14). Pub. L. 104-324 added par. (14).
    1992--Par. (13). Pub. L. 102-587 added par. (13).
    1984--Pars. (11), (12). Pub. L. 98-364 added pars. (11) and (12).


                    Effective Date of 1992 Amendment

    Amendment by Pub. L. 102-587 effective Nov. 4, 1992, for Great Lakes 
barges placed in operation after Nov. 4, 1992, and effective one year 
after Nov. 4, 1992, for Great Lakes barges in operation on Nov. 4, 1992, 
with provision for interim safety requirements, see section 5208(c), (d) 
of Pub. L. 102-587, set out as a note under section 2101 of this title.


                             Effective Date

    Chapter effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 98-
89, set out as a note under section 3101 of this title.


                      Short Title of 1984 Amendment

    Pub. L. 98-498, title II, Sec. 210, Oct. 19, 1984, 98 Stat. 2303, 
provided that: ``This subtitle [subtitle A (Secs. 210-214) of title II 
of Pub. L. 98-498, enacting section 2306 of this title, amending 
sections 2301, 3309, 3311, 3318, 6101, and 6103 of this title and 
section 183 of the Appendix to this title, and enacting provisions set 
out as notes under section 2306 of this title and section 183 of the 
Appendix to this title] may be cited as the `Maritime Safety Act of 
1984'.''


                              Pilot Program

    Pub. L. 105-383, title IV, Sec. 412(b), Nov. 13, 1998, 112 Stat. 
3432, provided that:
    ``(1) In general.--The Secretary may establish a pilot program to 
exempt a vessel of at least 300 gross tons as measured under chapter 143 
or chapter 145 of title 46, United States Code, from the requirement to 
be inspected under section 3301(7) of title 46, United States Code, as a 
seagoing motor vessel, if--
        ``(A) the vessel does not carry any cargo or passengers for 
    hire;
        ``(B) the vessel does not engage in commercial service, 
    commercial fisheries, or oceanographic research; and
        ``(C) the vessel does not engage in towing.
    ``(2) Expiration of authority.--The authority to grant the 
exemptions under this subsection expires 2 years after the date of the 
enactment of this Act [Nov. 13, 1998]. Any specific exemptions granted 
under this subsection shall nonetheless remain in effect.''


 Small Passenger Vessel Pilot Inspection Program With State of Minnesota

    Section 1122 of Pub. L. 104-324 provided that:
    ``(a) In General.--The Secretary may enter into an agreement with 
the State under which the State may inspect small passenger vessels 
operating in waters of that State designated by the Secretary, if--
        ``(1) the State plan for the inspection of small passenger 
    vessels meets such requirements as the Secretary may require to 
    ensure the safety and operation of such vessels in accordance with 
    the standards that would apply if the Coast Guard were inspecting 
    such vessels; and
        ``(2) the State will provide such information obtained through 
    the inspection program to the Secretary annually in such form and in 
    such detail as the Secretary may require.
    ``(b) Fees.--The Secretary may adjust or waive the user fee imposed 
under section 3317 of title 46, United States Code, for the inspection 
of small passenger vessels inspected under the State program.
    ``(c) Termination.--The authority provided by subsection (a) 
terminates on December 31, 1999.
    ``(d) Definitions.--For purposes of this section--
        ``(1) Secretary.--The term `Secretary' means the Secretary of 
    the department in which the Coast Guard is operating.
        ``(2) State.--The term `State' means the State of Minnesota.
        ``(3) Small passenger vessel.--The term `small passenger vessel' 
    means a small passenger vessel (as defined in section 2101(35) of 
    title 46, United States Code) of not more than 40 feet overall in 
    length.''

                  Section Referred to in Other Sections

    This section is referred to in sections 2101, 3302 of this title.
