
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: 46USC3306]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
              Part B--Inspection and Regulation of Vessels
 
                    CHAPTER 33--INSPECTION GENERALLY
 
Sec. 3306. Regulations

    (a) To carry out this part and to secure the safety of individuals 
and property on board vessels subject to inspection, the Secretary shall 
prescribe necessary regulations to ensure the proper execution of, and 
to carry out, this part in the most effective manner for--
        (1) the design, construction, alteration, repair, and operation 
    of those vessels, including superstructures, hulls, fittings, 
    equipment, appliances, propulsion machinery, auxiliary machinery, 
    boilers, unfired pressure vessels, piping, electric installations, 
    and accommodations for passengers and crew, sailing school 
    instructors, and sailing school students;
        (2) lifesaving equipment and its use;
        (3) firefighting equipment, its use, and precautionary measures 
    to guard against fire;
        (4) inspections and tests related to paragraphs (1), (2), and 
    (3) of this subsection; and
        (5) the use of vessel stores and other supplies of a dangerous 
    nature.

    (b)(1) Equipment and material subject to regulation under this 
section may not be used on any vessel without prior approval of the 
Secretary.
    (2) Except with respect to use on a public vessel, the Secretary may 
treat an approval of equipment or materials by a foreign government as 
approval by the Secretary for purposes of paragraph (1) if the Secretary 
determines that--
        (A) the design standards and testing procedures used by that 
    government meet the requirements of the International Convention for 
    the Safety of Life at Sea, 1974;
        (B) the approval of the equipment or material by the foreign 
    government will secure the safety of individuals and property on 
    board vessels subject to inspection; and
        (C) for lifesaving equipment, the foreign government--
            (i) has given equivalent treatment to approvals of 
        lifesaving equipment by the Secretary; and
            (ii) otherwise ensures that lifesaving equipment approved by 
        the Secretary may be used on vessels that are documented and 
        subject to inspection under the laws of that country.

    (c) In prescribing regulations for sailing school vessels, the 
Secretary shall consult with representatives of the private sector 
having experience in the operation of vessels likely to be certificated 
as sailing school vessels. The regulations shall--
        (1) reflect the specialized nature of sailing school vessel 
    operations, and the character, design, and construction of vessels 
    operating as sailing school vessels; and
        (2) include requirements for notice to sailing school 
    instructors and sailing school students about the specialized nature 
    of sailing school vessels and applicable safety regulations.

    (d) In prescribing regulations for nautical school vessels operated 
by the United States Merchant Marine Academy or by a State maritime 
academy (as defined in section 1302(3) of the Merchant Marine Act, 1936 
(46 App. U.S.C. 1295a(3))), the Secretary shall consider the function, 
purpose, and operation of the vessels, their routes, and the number of 
individuals who may be carried on the vessels.
    (e) When the Secretary finds it in the public interest, the 
Secretary may suspend or grant exemptions from the requirements of a 
regulation prescribed under this section related to lifesaving and 
firefighting equipment, muster lists, ground tackle and hawsers, and 
bilge systems.
    (f) In prescribing regulations for offshore supply vessels, the 
Secretary shall consider the characteristics, methods of operation, and 
the nature of the service of offshore supply vessels.
    (g) In prescribing regulations for fish processing or fish tender 
vessels, the Secretary shall consult with representatives of the private 
sector having experience in the operation of these vessels. The 
regulations shall reflect the specialized nature and economics of fish 
processing or fish tender vessel operations and the character, design, 
and construction of fish processing or fish tender vessels.
    (h) The Secretary shall establish appropriate structural fire 
protection, manning, operating, and equipment requirements for vessels 
of at least 100 gross tons but less 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 carrying not more than 150 passengers on 
domestic voyages, which meet the eligibility criteria of section 2113(4) 
of this title.
    (i) The Secretary shall establish appropriate structural fire 
protection, manning, operating, and equipment requirements for former 
public vessels of the United States of at least 100 gross tons but less 
that 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 carrying 
not more than 150 passengers on domestic voyages, which meet the 
eligibility criteria of section 2113(5) of this title.

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 513; Pub. L. 98-364, title IV, 
Sec. 402(5), July 17, 1984, 98 Stat. 446; Pub. L. 103-206, title V, 
Sec. 512(a), Dec. 20, 1993, 107 Stat. 2442; Pub. L. 104-324, title VI, 
Sec. 604(a), (c), title VII, Sec. 712, Oct. 19, 1996, 110 Stat. 3930, 
3931, 3936.)

                      Historical and Revision Notes
------------------------------------------------------------------------
          Revised section                Source section (U.S. Code)
------------------------------------------------------------------------
3306..............................  46:366
                                    46:369
                                    46:375
                                    46:390b
                                    46:392
                                    46:404
                                    46:408
                                    46:411
                                    46:412
                                    46:416
                                    46:420
                                    46:445
                                    46:459
                                    46:473
                                    46:477
                                    46:478
                                    46:479
                                    46:481
                                    46:482
                                    46:483
                                    46:489
                                    46:526p
                                    46:1295f(c)
------------------------------------------------------------------------

    Section 3306 contains broad authority to prescribe regulations for 
the proper inspection and certification of vessels. It provides 
regulatory flexibility for meeting technological changes. The section 
also permits flexibility in prescribing regulations for nautical school 
vessels operated by the United States Merchant Marine Academy or by a 
State maritime academy. The Secretary may suspend or grant exemptions to 
certain limited inspection requirements when the Secretary finds that 
this is necessary in the public interest. It also contains the 
requirement that in regulating offshore supply vessels consideration 
must be given to the special nature of their operations.


                               Amendments

    1996--Subsec. (a)(4). Pub. L. 104-324, Sec. 604(c), substituted 
``paragraphs (1), (2), and (3)'' for ``clauses (1)-(3)''.
    Subsec. (b). Pub. L. 104-324, Sec. 604(a), amended subsec. (b) 
generally. Prior to amendment, subsec. (b) read as follows: ``Equipment 
subject to regulation under this section may not be used on any vessel 
without prior approval as prescribed by regulation.''
    Subsec. (h). Pub. L. 104-324, Sec. 712(1), 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. (i). Pub. L. 104-324, Sec. 712(2), 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''.
    1993--Subsecs. (h), (i). Pub. L. 103-206 added subsecs. (h) and (i).
    1984--Subsec. (g). Pub. L. 98-364 added subsec. (g).


                               Regulations

    Section 512(b), (c) of Pub. L. 103-206 provided that:
    ``(b) The Secretary of Transportation shall, within twenty-four 
months of the date of enactment of this Act [Dec. 20, 1993], prescribe 
regulations establishing the structural fire protection, manning, 
operating, and equipment requirements for vessels which meet the 
requirements of subsections (h) and (i) of section 3306 of title 46, 
United States Code, as amended by this Act.
    ``(c) Before the Secretary of Transportation prescribes regulations 
under subsections (h) and (i) of section 3306 of title 46, United States 
Code, as amended by this Act, the Secretary may prescribe the route, 
service, manning, and equipment for those vessels based on existing 
passenger vessel and small passenger vessel regulations.''


                            Foreign Approvals

    Section 604(b) of Pub. L. 104-324 provided that: ``The Secretary of 
Transportation, in consultation with other interested Federal agencies, 
shall work with foreign governments to have those governments approve 
the use of the same equipment and materials on vessels documented under 
the laws of those countries that the Secretary requires on United States 
documented vessels.''


           International Convention for Safety of Life at Sea

    For International Conventions for the Safety of Life at Sea to which 
the United States has been a party, see section 1602 of Title 33, 
Navigation and Navigable Waters, and notes thereunder.

                  Section Referred to in Other Sections

    This section is referred to in sections 3313, 3318 of this title.
