
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: 46USC3316]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
              Part B--Inspection and Regulation of Vessels
 
                    CHAPTER 33--INSPECTION GENERALLY
 
Sec. 3316. Classification societies

    (a) Each department, agency, and instrumentality of the United 
States Government shall recognize the American Bureau of Shipping as its 
agent in classifying vessels owned by the Government and in matters 
related to classification, as long as the Bureau is maintained as an 
organization having no capital stock and paying no dividends. The 
Secretary and the Secretary of Transportation each shall appoint one 
representative (except when the Secretary is the Secretary of 
Transportation, in which case the Secretary shall appoint both 
representatives) who shall represent the Government on the executive 
committee of the Bureau. The Bureau shall agree that the representatives 
shall be accepted by it as active members of the committee. The 
representatives shall serve without compensation, except for necessary 
traveling expenses.
    (b)(1) The Secretary may delegate to the American Bureau of Shipping 
or another classification society recognized by the Secretary as meeting 
acceptable standards for such a society, for a vessel documented or to 
be documented under chapter 121 of this title, the authority to--
        (A) review and approve plans required for issuing a certificate 
    of inspection required by this part;
        (B) conduct inspections and examinations; and
        (C) issue a certificate of inspection required by this part and 
    other related documents.

    (2) The Secretary may make a delegation under paragraph (1) to a 
foreign classification society only--
        (A) to the extent that the government of the foreign country in 
    which the society is headquartered delegates authority and provides 
    access to the American Bureau of Shipping to inspect, certify, and 
    provide related services to vessels documented in that country; and
        (B) if the foreign classification society has offices and 
    maintains records in the United States.

    (3) When an inspection or examination has been delegated under this 
subsection, the Secretary's delegate--
        (A) shall maintain in the United States complete files of all 
    information derived from or necessarily connected with the 
    inspection or examination for at least 2 years after the vessel 
    ceases to be certified; and
        (B) shall permit access to those files at all reasonable times 
    to any officer, employee, or member of the Coast Guard designated--
            (i) as a marine inspector and serving in a position as a 
        marine inspector; or
            (ii) in writing by the Secretary to have access to those 
        files.

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 516; Pub. L. 104-324, title VI, 
Sec. 607(a), (b)(1), Oct. 19, 1996, 110 Stat. 3931, 3932.)

                      Historical and Revision Notes
------------------------------------------------------------------------
          Revised section                Source section (U.S. Code)
------------------------------------------------------------------------
3316..............................  46:9 (less (c))
                                    46:369
                                    46:881
------------------------------------------------------------------------

    Section 3316 prescribes the relationship between certain 
classification societies and the Federal Government with respect to the 
promotion of maritime safety and the security of life and property at 
sea. Briefly stated, a classification society, like the American Bureau 
of Shipping (ABS), establishes and administers standards for the design, 
construction, and periodic survey of commercial vessels, yachts, and 
other marine structures. Classification certifies adherence to these 
standards, thus representing that a vessel or structure possesses the 
structural and mechanical fitness required for its intended service.
    The section requires that a Federal department, agency, or 
instrumentality recognize the American Bureau of Shipping as its agent 
for classing vessels owned by the Federal Government and in any matters 
related to classification. In effect, the ABS has a statutory monopoly 
on classing vessels of the United States Government. Additionally, the 
section contains the authority to permit the Secretary to rely on 
reports, documents, and certificates issued by a classification society 
that is similar to the American Bureau of Shipping. However, a ``similar 
classification society'' continues to mean one that is organized like 
the American Bureau of Shipping with attendant governmental 
representation.


                               Amendments

    1996--Pub. L. 104-324, Sec. 607(b)(1), substituted ``Classification 
societies'' for ``United States classification societies'' in section 
catchline.
    Subsec. (a). Pub. L. 104-324, Sec. 607(a)(3), which directed the 
substitution of ``American Bureau of Shipping'' for ``Bureau'', was 
executed by making the substitution the first place appearing, to 
reflect the probable intent of Congress.
    Pub. L. 104-324, Sec. 607(a)(1), (2), redesignated subsec. (b) as 
(a) and struck out former subsec. (a) which read as follows: ``In 
carrying out this part, the Secretary may rely on reports, documents, 
and certificates issued by the American Bureau of Shipping or a similar 
United States classification society, or an agent of the Bureau or 
society.''
    Subsec. (b). Pub. L. 104-324, Sec. 607(a)(2), (4), redesignated 
subsec. (c) as (b), added pars. (1) and (2), redesignated former par. 
(2) as (3), and struck out former par. (1) which read as follows: ``To 
the maximum extent practicable, the Secretary may delegate to the Bureau 
or a similar United States classification society, or an agent of the 
Bureau or society, the inspection or examination, in the United States 
or in a foreign country, of a vessel documented or to be documented as a 
vessel of the United States. The Bureau, society, or agent may issue the 
certificate of inspection required by this part and other certificates 
essential to documentation.'' Former subsec. (b) redesignated (a).
    Subsec. (c). Pub. L. 104-324, Sec. 607(a)(2), redesignated subsec. 
(c) as (b).
    Subsec. (d). Pub. L. 104-324, Sec. 607(a)(1), struck out subsec. (d) 
which read as follows: ``The Secretary also may make an agreement with 
or use the Bureau or a similar United States classification society, or 
an agent of the Bureau or society, for reviewing and approving plans 
required for issuing a certificate of inspection.''
