
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: 46USC3302]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
              Part B--Inspection and Regulation of Vessels
 
                    CHAPTER 33--INSPECTION GENERALLY
 
Sec. 3302. Exemptions

    (a) A vessel is not excluded from one category only because the 
vessel is--
        (1) included in another category of section 3301 of this title; 
    or
        (2) excluded by this section from another category of section 
    3301 of this title.

    (b) Except as provided in subsection (c)(3) of this section, a 
fishing vessel \1\ including a vessel chartered part-time as a fish 
tender vessel, is exempt from section 3301(1), (7), (11), and (12) of 
this title.
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    \1\ So in original. Probably should be followed by a comma.
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    (c)(1) Except as provided in paragraph (3) of this subsection, a 
fish processing vessel of not more than 5,000 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.
    (2) 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.
    (3)(A) A fishing vessel or fish processing vessel is exempt from 
section 3301(1), (6), and (7) of this title when transporting cargo 
(including fisheries-related cargo) to or from a place in Alaska if--
        (i) that place does not receive weekly common carrier service by 
    water from a place in the United States;
        (ii) that place receives such common carrier service and the 
    cargo is of a type not accepted by that common carrier service; or
        (iii) the cargo is proprietary cargo owned by the owner of the 
    vessel or any affiliated entity or subsidiary.

    (B) 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, which is qualified to engage in the 
Aleutian trade is exempt from section 3301(1), (6), and (7) of this 
title when transporting cargo (including fisheries-related cargo) to or 
from a place in Alaska outside the Aleutian trade geographic area if--
        (i) that place does not receive weekly common carrier service by 
    water from a place in the United States;
        (ii) that place receives such common carrier service and the 
    cargo is of a type not accepted by that common carrier service; or
        (iii) the cargo is proprietary cargo owned by the owner of the 
    vessel or any affiliated entity or subsidiary.

    (C) In this paragraph, the term ``proprietary cargo'' means cargo 
that--
        (i) is used by the owner of the vessel or any affiliated entity 
    or subsidiary in activities directly related to fishing or the 
    processing of fish;
        (ii) is consumed by employees of the owner of the vessel or any 
    affiliated entity or subsidiary who are engaged in fishing or in the 
    processing of fish; or
        (iii) consists of fish or fish products harvested or processed 
    by the owner of the vessel or any affiliated entity or subsidiary.

    (D) Notwithstanding the restrictions in subparagraph (B) of this 
paragraph, vessels qualifying under subparagraph (B) may transport cargo 
(including fishery-related products) from a place in Alaska receiving 
weekly common carrier service by water to a final destination in Alaska 
not receiving weekly service by water from common carriers.
    (4) A fish tender vessel is exempt from section 3301(1), (6), and 
(7) of this title when engaged in the Aleutian trade if the vessel--
        (A) is 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;
        (B) has an incline test performed by a marine surveyor; and
        (C) has written stability instructions posted on board the 
    vessel.

    (d)(1) A motor vessel of less than 150 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, constructed before August 23, 1958, is not subject 
to inspection under section 3301(1) of this title if the vessel is owned 
or demise chartered to a cooperative or association that only transports 
cargo owned by at least one of its members on a nonprofit basis between 
places within the waters of--
        (A) southeastern Alaska shoreward of the Boundary Line; or
        (B) southeastern Alaska shoreward of the Boundary Line and--
            (i) Prince Rupert, British Columbia; or
            (ii) waters of Washington shoreward of the Boundary Line, 
        via sheltered waters, as defined in article I of the treaty 
        dated December 9, 1933, between the United States and Canada 
        defining certain waters as sheltered waters.

    (2) The transportation authorized under this subsection is limited 
to and from places not receiving annual weekly transportation service 
from any part of the United States by an established water common 
carrier. However, the limitation does not apply to transporting cargo of 
a character not accepted for transportation by that carrier.
    (e) A vessel laid up, dismantled, or out of commission is exempt 
from inspection.
    (f) Section 3301(4) and (8) of this title does not apply to an 
oceanographic research vessel because it is carrying scientific 
personnel.
    (g)(1) Except when compliance with major structural or major 
equipment requirements is necessary to remove an especially hazardous 
condition, an offshore supply vessel is not subject to regulations or 
standards for those requirements if the vessel--
        (A) was operating as an offshore supply vessel before January 2, 
    1979; or
        (B) was contracted for before January 2, 1979, and entered into 
    service as an offshore supply vessel before October 6, 1980.

    (2) After December 31, 1988, this subsection does not apply to an 
offshore supply vessel that is at least 20 years of age.
    (h) An offshore supply vessel operating on January 1, 1979, under a 
certificate of inspection issued by the Secretary, is subject to an 
inspection standard or requirement only if the standard or requirement 
could have been prescribed for the vessel under authority existing under 
law on October 5, 1980.
    (i)(1) The Secretary may issue a permit exempting a vessel from any 
part of the requirements of this part for vessels transporting cargo, 
including bulk fuel, from one place in Alaska to another place in Alaska 
only if the vessel--
        (A) is not more 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;
        (B) is in a condition that does not present an immediate threat 
    to the safety of life or the environment; and
        (C) was operating in the waters off Alaska as of June 1, 1976, 
    or the vessel is a replacement for a vessel that was operating in 
    the waters off Alaska as of June 1, 1976, if the vessel being 
    replaced is no longer in service.

    (2) Except in a situation declared to be an emergency by the 
Secretary, a vessel operating under a permit may not transport cargo to 
or from a place if the cargo could be transported by another commercial 
vessel that is reasonably available and that does not require exemptions 
to operate legally or if the cargo could be readily transported by 
overland routes.
    (3) A permit may be issued for a specific voyage or for not more 
than one year. The permit may impose specific requirements about the 
amount or type of cargo to be carried, manning, the areas or specific 
routes over which the vessel may operate, or other similar matters. The 
duration of the permit and restrictions contained in the permit shall be 
at the sole discretion of the Secretary.
    (4) A designated Coast Guard official who has reason to believe that 
a vessel issued a permit is in a condition or is operated in a manner 
that creates an immediate threat to the safety of life or the 
environment or is operated in a manner that is inconsistent with the 
terms of the permit, may direct the master or individual in charge to 
take immediate and reasonable steps to safeguard life and the 
environment, including directing the vessel to a port or other refuge.
    (5) If a vessel issued a permit creates an immediate threat to the 
safety of life or the environment, or is operated in a manner 
inconsistent with the terms of the permit or the requirements of 
paragraph (2) of this subsection, the permit may be revoked. The owner, 
charterer, managing operator, agent, master, or individual in charge of 
a vessel issued a permit, that willfully permits the vessel to be 
operated, or operates, the vessel in a manner inconsistent with the 
terms of the permit, is liable to the United States Government for a 
civil penalty of not more than $1,000.
    (j) Notwithstanding another provision of this chapter, the Secretary 
is not required to inspect or prescribe regulations for a nautical 
school vessel of not more than 15 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--
        (1) when used in connection with a course of instruction dealing 
    with any aspect of maritime education or study; and
        (2) operated by--
            (A) the United States Merchant Marine Academy; or
            (B) a State maritime academy assisted under section 1304 of 
        the Merchant Marine Act, 1936 (46 App. U.S.C. 1295c).

    (k) Only the boiler, engine, and other operating machinery of a 
steam vessel that is a recreational vessel of not more than 65 feet 
overall in length are subject to inspection under section 3301(9) of 
this title.
    (l)(1) The Secretary may issue a permit exempting the following 
vessels from the requirements of this part for passenger vessels so long 
as the vessels are owned by nonprofit organizations and operated as 
nonprofit memorials to merchant mariners:
        (A) The steamship John W. Brown (United States official number 
    242209), owned by Project Liberty Ship Baltimore, Incorporated, 
    located in Baltimore, Maryland.
        (B) The steamship Lane Victory (United States official number 
    248094), owned by the United States Merchant Marine Veterans of 
    World War II, located in San Pedro, California.
        (C) The steamship Jeremiah O'Brien (United States official 
    number 243622), owned by the National Liberty Ship Memorial, 
    Inc..\2\
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    \2\ So in original.

    (2) The Secretary may issue a permit for a specific voyage or for 
not more than one year. The Secretary may impose specific requirements 
about the number of passengers to be carried, manning, the areas or 
specific routes over which the vessel may operate, or other similar 
matters.
    (3) A designated Coast Guard official who has reason to believe that 
a vessel operating under this subsection is in a condition or is 
operated in a manner that creates an immediate threat to life or the 
environment or is operated in a manner that is inconsistent with this 
section, may direct the master or individual in charge to take immediate 
and reasonable steps to safeguard life and the environment, including 
directing the vessel to a port or other refuge.
    (m) A seagoing barge is not subject to inspection under section 
3301(6) of this title if the vessel is unmanned and does not carry--
        (1) a hazardous material as cargo; or
        (2) a flammable or combustible liquid, including oil, in bulk.

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 510; Pub. L. 98-364, title IV, 
Sec. 402(3), July 17, 1984, 98 Stat. 445; Pub. L. 99-307, Sec. 1(3), 
(4), May 19, 1986, 100 Stat. 444; Pub. L. 101-595, title III, 
Sec. 303(a), title VI, Secs. 602(b), 603(2), Nov. 16, 1990, 104 Stat. 
2983, 2990, 2993; Pub. L. 103-206, title III, Sec. 311, Dec. 20, 1993, 
107 Stat. 2426; Pub. L. 104-324, title VII, Sec. 711, title XI, 
Sec. 1110, Oct. 19, 1996, 110 Stat. 3935, 3969; Pub. L. 106-65, div. C, 
title XXXVI, Sec. 3604, Oct. 5, 1999, 113 Stat. 976.)

                      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
------------------------------------------------------------------------

    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.


                               Amendments

    1999--Subsec. (l)(1)(C). Pub. L. 106-65 substituted ``owned by the 
National Liberty Ship Memorial, Inc.'' for ``owned by the United States 
Maritime Administration''.
    1996--Subsec. (b). Pub. L. 104-324, Sec. 1110(1), substituted 
``Except as provided in subsection (c)(3) of this section, a fishing 
vessel'' for ``A fishing vessel,''.
    Subsec. (c)(1). Pub. L. 104-324, Secs. 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). Pub. L. 104-324, Secs. 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). Pub. L. 104-324, Sec. 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). Pub. L. 104-324, Sec. 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). Pub. L. 104-324, Sec. 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). Pub. L. 104-324, Sec. 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). Pub. L. 104-324, Sec. 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). Pub. L. 103-206 added subsec. (m).
    1990--Subsec. (c)(3), (4). Pub. L. 101-595, Sec. 602(b), added pars. 
(3) and (4).
    Subsec. (j)(2)(B). Pub. L. 101-595, Sec. 603(2), substituted ``(46 
App. U.S.C. 1295c)'' for ``(46 App. U.S.C. 1295(c))''.
    Subsec. (l). Pub. L. 101-595, Sec. 303(a), added subsec. (l).
    1986--Subsec. (i)(5). Pub. L. 99-307, Sec. 1(3), substituted 
``charterer'' for ``charter''.
    Subsec. (k). Pub. L. 99-307, Sec. 1(4), added subsec. (k).
    1984--Subsec. (b). Pub. L. 98-364 amended subsec. (b) 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). Pub. 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 
    crab 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.''


                    Effective Date of 1990 Amendment

    Amendment by section 602(b) of Pub. 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 Pub. L. 
101-595, set out as a note under section 4502 of this title.


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

    Pub. L. 100-418, title X, Sec. 10003(b), 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

    Section 403 of Pub. L. 98-364, as amended by Pub. L. 99-36, Sec. 3, 
May 15, 1985, 99 Stat. 68; Pub. L. 101-225, title III, Sec. 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.
    ``(b) 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(b) 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 (b) 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

    Section 2(i) of Pub. L. 98-89, 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.''
