
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: 46USC3305]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
              Part B--Inspection and Regulation of Vessels
 
                    CHAPTER 33--INSPECTION GENERALLY
 
Sec. 3305. Scope and standards of inspection

    (a) The inspection process shall ensure that a vessel subject to 
inspection--
        (1) is of a structure suitable for the service in which it is to 
    be employed;
        (2) is equipped with proper appliances for lifesaving, fire 
    prevention, and firefighting;
        (3) has suitable accommodations for the crew, sailing school 
    instructors, and sailing school students, and for passengers on the 
    vessel if authorized to carry passengers;
        (4) is in a condition to be operated with safety to life and 
    property; and
        (5) complies with applicable marine safety laws and regulations.

    (b) If an inspection, or examination under section 3308 of this 
title, reveals that a life preserver, lifesaving device, or firehose is 
defective and incapable of being repaired, the owner or master shall 
destroy the life preserver, lifesaving device, or firehose in the 
presence of the official conducting the inspection or examination.
    (c) A nautical school vessel operated by a civilian nautical school 
or by an educational institution under section 13 of the Coast Guard 
Authorization Act of 1986 shall be inspected like a small passenger 
vessel or a passenger vessel, depending on its tonnage.

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 513; Pub. L. 99-36, 
Sec. 1(a)(1), May 15, 1985, 99 Stat. 67; Pub. L. 99-640, Sec. 13(e), 
Nov. 10, 1986, 100 Stat. 3551.)

                      Historical and Revision Notes
------------------------------------------------------------------------
          Revised section                Source section (U.S. Code)
------------------------------------------------------------------------
3305..............................  46:369
                                    46:390a
                                    46:391
                                    46:392
                                    46:395
                                    46:404-1
                                    46:405
                                    46:406
                                    46:407
                                    46:408
                                    46:660a
                                    46:881
------------------------------------------------------------------------

    Section 3305 consolidates, at one place, the basic scope of coverage 
of the inspection process. It is to be noted that the time difference in 
enactment of various statutes has resulted in some anomalies. Thus, for 
example, R.S. 4417 (46 U.S.C. 391) which had originally set periods of 
inspection and vested authority in ``local inspectors'' was expanded 
over the years to provide the base for inspection of certain classes of 
vessels as well as setting out the periods and scope. The distillation 
of inspection objectives and standards in later laws and the transfer of 
all functions of separately created bureaus and functionaries to the 
Coast Guard permit this consolidation. There are those who have a desire 
to see the scope and standards of inspection be more specific in law 
similar to those presently applicable to boilers and boiler plating that 
predate 1871. The Committee believes this serves no useful purpose since 
the specifics are either antiquated or too limiting and have, in fact, 
been superceded by the statutorily authorized adoption of various 
industrial specifications, standards, and codes by the Coast Guard. 
These include the American Bureau of Shipping (ABS), American Society of 
Mechanical Engineers (ASME), American National Standards Institute 
(ANSI), American Society for Testing and Materials (ASTM), American 
Welding Society (AWS), Underwriters Laboratories (UL), and many others. 
In addition, Coast Guard regulations must also implement and conform to 
the numerous international maritime safety treaties to which the United 
States is signatory. The Committee expects that the regulatory 
flexibility being provided will not reduce the present vessel inspection 
requirements that have been historically developed.
    Section 3305(a) establishes the statutory scope of the Coast Guard's 
vessel inspection authority and duty. The inspection process shall 
ensure that a vessel is of suitable structure, equipment, and 
accommodations, is maintained in an operating condition consistent with 
safety of life and property, and complies with applicable marine safety 
laws and regulations.
    Subsection (b) requires that defective life preservers and firehose 
be destroyed in the presence of the inspecting official, normally a 
qualified Coast Guard marine inspector. The Committee believes that if 
this equipment is defective for use on an inspected vessel, it should be 
destroyed so that it cannot be used on an uninspected or recreational 
vessel.
    Subsection (c) provides flexibility in the inspection of various 
sizes of nautical school vessels.

                       References in Text

    Section 13 of the Coast Guard Authorization Act of 1986, referred to 
in subsec. (c), is section 13 of Pub. L. 99-640, which enacted section 
484d of Title 40, Public Buildings, Property, and Works, and amended 
sections 2101 and 3305 of this title.


                               Amendments

    1986--Subsec. (c). Pub. L. 99-640 inserted ``or by an educational 
institution under section 13 of the Coast Guard Authorization Act of 
1986''.
    1985--Subsec. (b). Pub. L. 99-36 substituted ``lifesaving'' and 
``life preserver, lifesaving device, or firehose'' for ``life-saving'' 
and ``life preserver or firehose'', respectively.
