
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: 46USC3304]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
              Part B--Inspection and Regulation of Vessels
 
                    CHAPTER 33--INSPECTION GENERALLY
 
Sec. 3304. Transporting individuals in addition to crew

    (a) A documented vessel transporting cargo that transports not more 
than 12 individuals in addition to the crew on international voyages, or 
not more than 16 individuals in addition to the crew on other voyages, 
is not subject to inspection as a passenger vessel or a small passenger 
vessel if the vessel is otherwise subject to inspection under this 
chapter.
    (b) Except when subsection (e) of this section applies, before an 
individual in addition to the crew is transported on a vessel as 
permitted by this section, the owner, charterer, managing operator, 
agent, master, or individual in charge of the vessel first shall notify 
the individual of the presence on board of dangerous articles as defined 
by law, and of other conditions or circumstances that would constitute a 
risk of safety to the individual on board.
    (c) A privilege authorized by this section applies to a vessel of a 
foreign country that affords a similar privilege to vessels of the 
United States in trades not restricted to vessels under its own flag.
    (d) A fishing, fish processing, or fish tender vessel that 
transports not more than 12 individuals employed in the fishing industry 
in addition to the crew is not subject to inspection as a passenger or 
small passenger vessel.
    (e) The Secretary may by regulation allow individuals in addition to 
the crew to be transported in an emergency or under section 2304 of this 
title.

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 513; Pub. L. 98-364, title IV, 
Sec. 402(4), July 17, 1984, 98 Stat. 446; Pub. L. 99-307, Sec. 1(5)(A), 
May 19, 1986, 100 Stat. 444.)

                      Historical and Revision Notes
------------------------------------------------------------------------
          Revised section                Source section (U.S. Code)
------------------------------------------------------------------------
3304..............................  46:390-393
                                    46:882
------------------------------------------------------------------------

    Section 3304 permits the carriage of not more than 12 individuals in 
addition to the crew on international voyages or not more than 16 
individuals in addition to the crew on other voyages without subjecting 
a documented vessel carrying cargo to the inspection requirements of a 
passenger vessel. This section permits the bulk of vessels subject to 
the International Convention for Safety of Life at Sea to carry up to 12 
passengers and to permit other cargo vessels, primarily those engaged in 
the coastwise trade, to carry up to 16 passengers without being 
categorized as passenger vessels. It also requires that these 
individuals be notified of the presence of dangerous articles or other 
conditions or circumstances that constitute a risk of safety. This is of 
prime importance on tank vessels that carry flammable or hazardous 
cargoes.


                               Amendments

    1986--Pub. L. 99-307, Sec. 1(5)(A)(i), substituted ``Transporting'' 
for ``Carrying'' in section catchline.
    Subsec. (a). Pub. L. 99-307, Sec. 1(5)(A)(ii), substituted 
``transporting cargo that transports'' for ``carrying cargo that 
carries'' and inserted ``if the vessel is otherwise subject to 
inspection under this chapter''.
    Subsec. (b). Pub. L. 99-307, Sec. 1(5)(A)(iii), substituted ``Except 
when subsection (e) of this section applies, before'' for ``Before'' and 
``transported'' for ``carried''.
    Subsec. (c). Pub. L. 99-307, Sec. 1(5)(A)(iv), substituted ``A 
privilege'' for ``The privilege''.
    Subsec. (e). Pub. L. 99-307, Sec. 1(5)(A)(v), added subsec. (e).
    1984--Subsec. (d). Pub. L. 98-364 added subsec. (d).

                  Section Referred to in Other Sections

    This section is referred to in section 3318 of this title.
