I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/25/93 at 04:29:18. Database: USCODE Search: (46:CITE) ------DocID 53139 Document 1 of 963------ -CITE- 46 USC TITLE 46 -EXPCITE- TITLE 46 -HEAD- TITLE 46 - SHIPPING -MISC1- This title was enacted by Pub. L. 98-89, Sec. 1, Aug. 26, 1983, 97 Stat. 500; Pub. L. 99-509, title V, subtitle B, Sec. 5101, Oct. 21, 1986, 100 Stat. 1913; Pub. L. 100-424, Sec. 6, Sept. 9, 1988, 102 Stat. 1591; and Pub. L. 100-710, Nov. 23, 1988, 102 Stat. 4735 Subtitle Sec. I. GENERAL 101 II. VESSELS AND SEAMEN 2101 III. MARITIME LIABILITY 30101 (BALANCE OF TITLE RESERVED) AMENDMENTS 1988 - Pub. L. 100-710, title I, Sec. 102(b), Nov. 23, 1988, 102 Stat. 4738, amended title analysis generally, substituting 'GENERAL' for '(Reserved - general)' in item I and adding item III. Table Showing Disposition of All Sections of Former Title 46 (Former sections of Title 46 that are not included in Title 46, Pub. L. 99-509, section 6 of Pub. L. 100-424, and Pub. L. 100-710 ar --------------------------------------------------------------------- Title 46 Former Sections Title 46 New Sections --------------------------------------------------------------------- 1 Rep. 2 2103 3 Rep. 4 2105 5, 6 Rep. 7 2107 8 2108 9 (less (c)) 3316 9(c) 46 App. 11, 12 Rep. 13, 14 46 App. 15-41 Rep. 42 46 App. 43-56 Rep. 57 46 App. 58 Rep. 59 46 App. 60-63 Rep. 65(1) 2101(10) 65(2) 2101(11) 65(3) 2101(34) 65a 12113 65b 12102 65c 12114 65d 12115 65e 12103 65f 12116 65g 12104 65h 12105 65i 12106 65j 12107 65k 12108 65l 12109 65m 12110 65n 12122 65o 12111 65p 12112 65q 12117 65r 12118 65s 12119 65t 12120 65u 2107, 12122(a) 65v(1) 2104 65v(2) 12121 65w 12101 71 12102, 14102, 14104, 14501, 14502, 14504, 14511, 14521, 14522 72 14503 73, 74 Rep. 75 14512 76 Rep. 77 14502, 14512 78, 79 Rep. 80 (See former 660-1) 81 14306 82 3101 83 14502, 14513 83a-83g 14513 83h 14102 83i 14702 83j 14701 83k 2107 85-85g Rep. 86 5114, 5115 86a 5101 86b 5102 86c 5102, 5103, 5104, 5106 86d 5107 86e 5108 86f 5109 86g 5112 86h 5113 86i 5116 88 5102 88a 5104, 5108 88b 5103, 5107 88c 5112 88d 5109 88e 5112 88f 5113 88g 5116 88h, 88i Rep. 91, 91a 46 App. 92 Rep. 93, 94 46 App. 95 Rep. 96-98 46 App. 99 Rep. 100-102 46 App. 103 Rep. 104 46 App. 105-109 Rep. 110-113 46 App. 121-135 46 App. 141-146 46 App. 151-162 Rep. 163 46 App. 170(14) 2106 170 3306(a)(5), Rep. in part 170a, 170b Rep. 171-175 Rep. 178, 179 Rep. 181-183 46 App. 183a Rep. 183b-196 46 App. 201 11301 202 11302 203 11303 211 8501(a) 212 8501(b) 213 8501(c), (e) 214 7101 214(c) 7106 215 8501(d), 8502 216(a) 9301(2) 216(b) 2101(34) 216(c) 9301(3) 216(d) 9301(1) 216(e), (f) Rep. 216a 9302(a), (b), (d) 216b(a)-(c) 9303 216b(d) 9305 216b(e) 9304 216c 9303 216d 9305 216e(a)-(c) 9308 216e(d) 2107 216e(e) 2106 216f 9302(c) 216g 9306 216h 9307 216i Rep. 221 8103 222 8101 223 8301 224 7101, 8101 224a 8303, 8304 224a(2) 7111 225 7106, 7109, 7113 226 7101, 7106, 7703 227 Rep. 228 7101, 7106, 7703 229 7101, 7106, 7703 229a 7101, 7103 229b 7101, 7103 229c 7106, 7108, 7318 229d Rep. 229e 7105 229f 7110 229g 7103, 7318 229h Rep. 230 7112 231 7105 232 7110 233 7109 234 3315 235 8104 236 8103 237, 238 Rep. 239 6101, 6301, 7703 239(d) 6303 239(e) 6304, 7705 239(f) 6304 239(g) 6305, 7701 239(i) 6306 239(j) 6301, 6307 239(k) 6305 239a(a) 7503(a), 7704(a) 239a(b) 2101(34) 239a(c) 7302 239b(a) 7503(b) 239b(b) 7704(b), (c) 240 7703 241 8304 242 7101, 7102, 8302(a)-(d) 243 7101, 7104, 7107, 7108 244 7101, 7105 245 8302(g), (h) 246(a) 8302(a)-(d) 246(b) Rep. 246(c) 7703 247 7101 248 8302 249-249c Rep. 251-251b 46 App. 252-261 Rep. 262 46 App. 263-273 Rep. 274 46 App. 275, 276 Rep. 277 46 App. 278-288 Rep. 289-293b 46 App. 294-305 Rep. 306-316 46 App. 317, 318 Rep. 319-324 46 App. 325 Rep. 326-328 46 App. 329, 330 Rep. 331 2110 332-335 Rep. 336 46 App. 351-355 46 App. 361 2101(16), (37) 362 2109, 3301(9), 3314 362(a) 3303 362(b) 3504 362(c) 3505 363 2109 364 8502 365 Rep. 366 3306 367 2101(16), (33), 2303, 3301(7), 3302 369 3305, 3306, 3316 369(b) 3503 369(e) 3318 371 Rep. 372 2103 373-374a Rep. 375 3306 376-382a-1 Rep. 382b 2104, 2111, 2112 382b-1 3317(b) 382c-385 Rep. 390 3302, 3304 390(a) 2101(21)(B) 390(b) 2101(35) 390(d) 2101(34) 390(e) 2101(13) 390(f) 2101(27) 390(g) 2101(30) 390(h) 2101(28) 390(i) 2101(29) 390a 3301(4), (5), (8), 3305 390a(a) 3307(2) 390a(b) 3317(a), 7114 390b 3306, 8901, 8902 390c 3303(a), 3309, 3311 390c(b), (c) 3313 390d 2106, 3318(a), 8906 390e-390g Rep. 391 3301(1), (4), (9), 3304, 3305 391(b) 3307(3) 391(c) 2101(22), 3307(1) 391(e) 3302 391a 3301(10), 3702, 8502 391a(2)(A) 2101(9) 391a(2)(B) 2101(12) 391a(2)(C) 2101(14) 391a(2)(D) 2101(15) 391a(2)(E) 2101(20) 391a(2)(F) 3701(4) 391a(2)(G) 2101(24) 391a(2)(H) 2101(5) 391a(2)(I) 2101(34) 391a(2)(J) 3701(5) 391a(2)(K) 3701(6) 391a(2)(L) 2101(46) 391a(2)(M) 2101(38) 391a(2)(N) 2101(8) 391a(2)(O) 2101(23) 391a(2)(P) 3701(2) 391a(2)(Q) 3701(3) 391a(2)(R) 3701(1) 391a(2)(S) 2101(7) 391a(3) 2101(39), 2301, 3303, 3702(a) 391a(4) 2109 391a(4)(B) 8703(c) 391a(5) 3702 391a(6) 3703 391a(7) 3704-3709 391a(8) 3309, 3313 391a(8)(A) 3710, 3712 391a(8)(B) 3711, 3712 391a(8)(C) 3711 391a(8)(D) 3710 391a(8)(E) 3710, 3711 391a(9) 9102 391a(10)(A) 8703(a) 391a(10)(B) 9101(b) 391a(10)(C) 7317, 8703(b) 391a(10)(D) Rep. See 7701 et seq. 391a(11) 9101(a) 391a(12) 3703 391a(13) 3713 391a(14) 2107, 3718 391a(14)(C) 2106 391a(15) 3714 391a(16) 3717 391a(17) 3715 391a(18) 3716 391b Rep. 392 3304-3306 392(b) 3307(3) 393, 394 Rep. 395 3301(6), 3305, 3311 395(d) 3309 395(e) 2101(32) 396, 397 Rep. 398 3318 399 3309, 3311, 3314 400 3312 401, 402 Rep. 403 3318 404 2101(13), (16), (17), 3301(1), 3302, 3306, 3307 404-1 3301(3), 3305, 3501 404-1(1) 2101(19) 404-1(4) 2101(21)(C) 404-1(6) 3307(2), (3) 404-1(8) 8301 404a Rep. 405 2101(40), 3301(9), 3305 405(b) 8104 405(b)(1)(A) 2101(34) 405(b)(2) 8904 405(b)(3) 8905(b) 406 3305 407 3305, 3318 408 3305, 3306, 3318 409 Rep. 410 3318 411, 412 3306 413 3318 414 3310, 7502 415 Rep. 416 2104, 3306 417 (See former 416) 418, 419 Rep. 420 3302, 3306 431-434 Rep. 435 3308, 3313 436 2106, 3318 437-440 Rep. 441 46 App. 441(1) 2101(18) 441(2) 2101(31) 442 3302 443 46 App. 444 8701 444 46 App. 445 2113, 3306 446-446c 46 App. 446d 8101 451 3501 452 3501(b), (c) 453 2113 454-457 T. 33 Sec. 1233-1236 458 Rep. 459 3306 460, 460a, 461 3502 462 2106, 3501, 3502 463, 463a, 464 Rep. 465 (See former 170) 466 Rep. 466a 3901 466b 3902 467-469 Rep. 470, 471 8102 472 Rep. 473 3306 474-476 Rep. 477-479 3306 480 2301 481 2106, 3306 481(a) 2101(34) 481(c) 2106 481(d) 3318 482, 483 3306 484-488 Rep. 489 3306 490 Rep. 491 46 App. 492 3506 493-496 Rep. 497 2106, 3318, 8502 498 Rep. 511-522 Rep. 526 2101(43) 526a-526d Rep. 526e 4102(b) 526f Rep. 526g 4102(a) 526h 4103 526i 4102(c) 526j 4102(d) 526k-526n Rep. 526o 2106, 2107, 4106 526p 2107, 3306, 4104 526q-526t Rep. 526u 4101 527-527h Rep. 531 10601 532 Rep. See 11501 533, 534 10602 541-542a Rep. 543 2104 544, 545 Rep. 546 10102 547-549 Rep. 561, 562 Rep. 563 11110 564 10301, 10302 565 10305 566 10301 567, 568 10321 569 10309 570 10308 571 10321 572, 573 Rep. 574 10301, 10501, 10502 575 10508 576 10509 577 10307 578 11107 579 Rep. 591 10313(a) 592 10313(b) 593 10313(b) 594 10313(c) 595 10313(d) 596 10313(e)-(i), 10504 597 2101(12), 10313(e)-(i), 10504 598 10313(e), 10504(a), (d), 10505(d) 599 2101(12), 10314, 10315, 10505, 10506 599(g) 10316 600 10317 601 11108, 11109 602 11111 603-608, 611 Rep. 621 10701, 10702 622 10703 623 10711 624 10704, 10705 625 10706 626 10707 627 10709 628 10708, 10710 641, 642 10310 643 8701, 8702, 10102(c), 10311, 10503 643(a) 7302, 7303, 7318 643(b) 7304 643(c) 7302, 10306 643(e) 10311 643(f) 7319, 7502 643(h) 7501 643(l) 7316, 10103 643a 8701 643b Rep. 644 10312(a), (b), (d)-(f) 645, 646, 651 Rep. 652 10312(c) 653 10901, 10902(a), 10907 654 10901, 10903(a), (b) 655 10901, 10904 656 10901, 10905 657 10905 658 10901, 10906, 10908 659 10903(c) 660 10903(d) 660-1 11101 660a 3305, 3308 660b 3308 661 10321 662 10902(b) 663 Rep. 664 10907 665 10321, 11106(b)-(d) 666 11102(a) 667 11102(b) 668, 669 Rep. 670, 671 11103 672 8701, 8702 672(a) 2101(34) 672(b) 7306 672(b)(1) 7307 672(b)(2) 7308 672(b)(3) 7309, 7310 672(b)(4) 7311 672(c) 7301, 7315 672(d) 8702(d) 672(e) 8702(b), (c) 672(f) 7312 672(g) 7313, 7314 672(h) 8103 672(i) 7302 672(j) 2106, 8702(e) 672-1, 672-2 Rep. 672a 8103 672b, 672b-1, 672c Rep. 673 8104 674-677 46 App. 678 11104(a) 679 11104(b)-(d) 680, 681 Rep. 682 10318, 10507 683 10318, 10507 684 11105 685 11106(a) 686, 687 Rep. 688 46 App. 689 2103, 2104 690 8103 691 Sec. 2(f) of Pub. L. 98-89 692 Rep. 701 11501 702 11502 703 11503 704 T. 18 Sec. 2196 705 11504 706 11505 707 10319 708 T. 18 Sec. 2279 709 Rep. 710 11506 710a Rep. 710b (See former 239a) 710c (See former 239b) 711 Rep. 712 11507 713 10101, 10303, 10304 721-727 46 App. 728 2304 729-731 46 App. 732-735 Rep. 738-738d 46 App. 740-752 46 App. 761, 762 46 App. 763 Rep. 763a-768 46 App. 781-790 46 App. 791-799 Rep. 801-804a 46 App. 805-807 Rep. 808 46 App. 808(4th par.) 31328 809-810a Rep. 811, 812 46 App. 813, 813a Rep. 814-817 46 App. 817a-817c Rep. 817d, 817e 46 App. 818-824 46 App. 825 Rep. 826 46 App. 827 Rep. 828-837 46 App. 838 31306 839 46 App. 840, 841 Rep. 841a 46 App. 841b Rep. 841c-845b 46 App. 846 Rep. 847, 848 46 App. 861 46 App. 862-864 Rep. 864, 864b 46 App. 865-869 46 App. 870-870d Rep. 871, 872 46 App. 873, 874 Rep. 875-877 46 App. 878-880 Rep. 881 3305, 3316, 12119 882 3304 883-885 46 App. 886 Rep. 887-889 46 App. 891 46 App. 891a Rep. 891b, 891c 46 App. 891d-891r Rep. 891s, 891t Rep. 891u-891x 46 App. 891y Rep. 911(1), (2) 30101(1) 911(3) Rep. 911(4) 30101(1) 911(5) 31301(3) 921 31321(a)(1), (e) 922(a), (b) 31322(a)(1) 922(b) 31301(6)(A) 922(c), (d) Rep. 922(e), (f) 31322(c) 923 31324 924 31323(a), (b) 925 31343 925(b) 31321(f), (h) 926(a), (b) 31321(b) 926(c) Rep. 926(d) 31322(b) 927 31302(1), (2) 941(a) Rep. 941(b)(1st sentence) 31330(a), (c) 941(b)(last sentence) 31323(c) 941(c) 31304 951(1st par.) 31325(a), (b)(1), (c), (d) 951(2d par. less proviso) 31301(6)(B) 951(2d par. proviso) 31326(b)(2) 952(1st, 2d sentences) 31325(e) 952(last sentence) 31308 953(a) 31301(5) 953(b) 31326(a), (b)(1) 954(a) 31325(b)(2) 954(b) 31303 961(a) Rep. 961(b) 31327 961(c) 31326(a) 961(d), (e) 31328 961(f) 31329 971 31342 972 31341 973 31341(a) 974 31305 975 31307 981-984 Rep. 1011 Rep. 1012 31321(a)(2) 1013, 1014 Rep. 1101 46 App. 1111-1111a 46 App. 1111b Rep. 1112 46 App. 1113 Rep. 1114-1119 46 App. 1119a, 1119b Rep. 1120-1125a 46 App. 1126 Rep. 1126-1 46 App. 1126a, 1126a-1 Rep. 1126b, 1126b-1 Rep. 1126c, 1126d Rep. 1127-1128h Rep. 1131 46 App. 1132 8103 1132(a) 7102 1132(g) 8302 1141-1144 Rep. 1145 Rep. 1151-1155 46 App. 1155a Rep. 1156-1161 46 App. 1171-1181 46 App. 1182 Rep. 1183-1185 46 App. 1191-1205 46 App. 1206 Rep. 1211-1213 46 App. 1214 Rep. 1221 Rep. 1222, 1223 46 App. 1224, 1225 Rep. 1226-1228 46 App. 1241-1242 46 App. 1242-1 Rep. 1242a 46 App. 1243 Rep. 1244, 1245 46 App. 1246 Rep. 1247, 1248 46 App. 1251-1262 Rep. 1271-1275 46 App. 1276-1279 Rep. 1279a 46 App. 1279b Rep. 1279c-1295e 46 App. 1295f(a), (b) 46 App. 1295f(c) 2101(17), 3301(2), 3306, 3307(1) 1295f(d)(1) 46 App. 1295f(d)(2), (3) 3318(g) 1295g(a)-(d) 46 App. 1295g(e)(1) 2101(17) 1295g(e)(2)-(5) Rep. 1300-1315 46 App. 1331-1341 Rep. 1351-1364 Rep. 1381-1388 Rep. 1401-1413 Rep. 1451 Rep. 1452(1)(A), (B) 2101(25) 1452(1)(C) 2101(42) 1452(2) 2101(45) 1452(3) 2101(41) 1452(5) 2101(21)(D) 1452(7) 2101(26) 1452(8) 2101(1) 1452(9) 2101(34) 1452(10) 2102(2) 1452(11) 2102(1) 1452(12) 2102(4) 1452(13) 2102(5) 1452(14) 2102(3) 1453 4105, 4301 1454, 1455 4302 1456 4302(a)(3) 1457 4303 1458 4305 1459 4306 1460 4304, 4306 1461(a) 4307(a) 1461(b) 4311(f) 1461(c) 4307(b) 1461(d) 2302(a), (b) 1461(e) 8903 1461(f) 8903, 8905(a) 1462 4308 1463 4309 1464 4310 1464(g) 4302 1465 2303 1466 12301 1467 12302 1468 12303 1469 12304 1470 12305 1471 12306 1472 12307 1473 12308 1474 13101 1475 13102 1476 13103 1477 13104 1478 13105 1479 13106 1479a 13107 1480 13108 1481 13109 1482 13110 1483 2302(b), 4311(a), 12309(a) 1484(a) 4311(b) 1484(b) 2106, 2302(a), (c), 4311(c), 12309(b) 1484(c) 2107 1484(d) 4311(d), 12309(c) 1485 2305, 4311(e) 1486 6101, 6102 1487 Rep. 1488 4302 1489 4311(g) 1501-1507 46 App. 1508 Rep. 1601-1605 46 App. 1606 Rep. 1607-1610 46 App. ------------------------------- ENACTING CLAUSES Pub. L. 100-710, title I, Sec. 102(a), Nov. 23, 1988, 102 Stat. 4738, provided that: 'Certain general and permanent laws of the United States, related to definitions and maritime commercial instruments and liens, are revised, consolidated, and enacted by paragraph (3) of this subsection (probably means subsection (c) of this section) as subtitle III of title 46, United States Code, 'Shipping'.' Section 1 of Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 500, provided in part that: 'Certain general and permanent laws of the United States, related to vessels and seamen, are revised, consolidated, and enacted as title 46, United States Code, 'Shipping' '. CONSTRUCTION Section 105 of Pub. L. 100-710, title I, Nov. 23, 1988, 102 Stat. 4751, provided that: '(a) A reference to a law replaced by section 102 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision of this Act. '(b) An order, rule, or regulation in effect under a law replaced by section 102 of this Act continues in effect under the corresponding provision of this Act until repealed, amended, or superseded. '(c) An action taken or an offense committed under a law replaced by section 102 of this Act is deemed to have been taken or committed under the corresponding provision of this Act. '(d) An inference of legislative construction is not to be drawn by reason of the caption or catch line of a provision enacted by section 102 of this Act. '(e) If a provision of this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision of this Act is held invalid in any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications.' Section 5103(a)-(f) of Pub. L. 99-509, title V, subtitle B, Oct. 21, 1986, 100 Stat. 1927, provided that: '(a) Laws effective after January 1, 1986, that are inconsistent with this subtitle supersede this subtitle to the extent of the inconsistency. '(b) A reference to a law replaced by this subtitle, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision of this subtitle. '(c) An order, rule, or regulation in effect under a law replaced by this subtitle continues in effect under the corresponding provision of this subtitle until repealed, amended, or superseded. '(d) An action taken or an offense committed under a law replaced by this subtitle is deemed to have been taken or committed under the corresponding provision of this subtitle. '(e) An inference of legislative construction is not to be drawn by reason of the caption or catch line of a provision enacted by this subtitle. '(f) If a provision enacted by this subtitle is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision of this subtitle is held invalid in one or more of its applications, the provision remains in effect in all valid applications that are severable from the invalid application or applications.' Section 2(a)-(f) of Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 598, provided that: '(a) Laws effective after December 31, 1982, that are inconsistent with this Act supersede this Act to the extent of the inconsistency. '(b) A reference to a law replaced by this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision of this Act. '(c) An order, rule, or regulation in effect under a law replaced by this Act continues in effect under the corresponding provision of this Act until repealed, amended, or superseded. '(d) An action taken or an offense committed under a law replaced by this Act is deemed to have been taken or committed under the corresponding provision of this Act. '(e) An inference of legislative construction is not to be drawn by reason of the caption or catch line of a provision enacted by this Act. '(f) If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision of this Act is held invalid in one or more of its applications, the provision remains in effect in all valid applications that are severable from the invalid application or applications.' CODIFICATION OF SHIPPING AND MARITIME LAWS BY FEDERAL MARITIME COMMISSION AND SECRETARY OF TRANSPORTATION Section 2(j) of Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 599, provided that: 'Within 2 years after the date of enactment of this Act (Aug. 26, 1983), the Federal Maritime Commission and the Secretary of Transportation each shall submit to Congress a proposed codification of the laws within their respective jurisdictions related to shipping and maritime matters.' REPEALS AND SAVINGS PROVISIONS Section 106(a) of Pub. L. 100-710, title I, Nov. 23, 1988, 102 Stat. 4752, provided that: 'The repeal of a law by this title may not be construed as a legislative implication that the provision was or was not in effect before its repeal.' Section 106(b) of Pub. L. 100-710, title I, Nov. 23, 1988, 102 Stat. 4752, repealed specified laws relating to shipping, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before the effective date of this title, which is Jan. 1, 1989, with certain exceptions and qualifications, see section 107 of Pub. L. 100-710, set out as a note under section 30101 of this title. Section 5104(a) of Pub. L. 99-509, title V, subtitle B, Oct. 21, 1986, 100 Stat. 1928, provided that: 'The repeal of a law by this subtitle may not be construed as a legislative implication that the provision was or was not in effect before its repeal.' Section 5104(b) of Pub. L. 99-509, title V, subtitle B, Oct. 21, 1986, 100 Stat. 1928, repealed specified laws relating to shipping, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Oct. 21, 1986. Section 4(a) of Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 599, provided that: 'The repeal of a law by this Act may not be construed as a legislative implication that the provision was or was not in effect before its repeal.' Section 4(b) of Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 599, repealed specified laws relating to shipping, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Aug. 26, 1983, and except as provided by section 2 of Pub. L. 98-89, set out as notes above and notes under sections 3101, 3302, 3715, and 6301 of this title. -SECREF- TITLE REFERRED TO IN OTHER SECTIONS This title is referred to in title 7 section 5602; title 19 section 1609; title 26 section 415; title 33 section 59aa; title 42 section 9607. ------DocID 54332 Document 2 of 963------ -CITE- 48 USC Sec. 46-1 to 46-3 -EXPCITE- TITLE 48 CHAPTER 2 -HEAD- Sec. 46-1 to 46-3. Omitted -COD- CODIFICATION Sections 46-1 to 46-3, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union. Section 46-1, act July 28, 1956, ch. 772, title I, Sec. 101, 70 Stat. 709, authorized territorial legislature to enact laws on subject of mental health. Section 46-2, act July 28, 1956, ch. 772, title I, Sec. 102, 70 Stat. 709, related to jurisdiction, functions and duties of commissioners and courts in carrying out section 46-1 of this title. Section 46-3, act July 28, 1956, ch. 772, title II, Sec. 202, 70 Stat. 711, prescribed a land-grant program for purpose of section 46-1 of this title. ------DocID 11480 Document 3 of 963------ -CITE- 8 USC Sec. 46 to 51 -EXPCITE- TITLE 8 CHAPTER 3 -HEAD- Sec. 46 to 51. Transferred -COD- CODIFICATION Sections 46 to 51 transferred to sections 1984 to 1987, 1989, and 1990, respectively, of Title 42, The Public Health and Welfare. ------DocID 17083 Document 4 of 963------ -CITE- 14 USC Sec. 46 -EXPCITE- TITLE 14 PART I CHAPTER 3 -HEAD- Sec. 46. Retirement of Commandant -STATUTE- (a) Any Commandant who is not reappointed shall, at the expiration of his term, be retired with the grade of admiral. (b) A Commandant who is retired for physical disability shall be placed on the retired list with the grade of admiral. (c) An officer who is retired prior to the expiration of his term, while serving as Commandant, may, in the discretion of the President, be retired with the grade of admiral. -SOURCE- (Aug. 4, 1949, ch. 393, 63 Stat. 499; May 14, 1960, Pub. L. 86-474, Sec. 1(5), 74 Stat. 144; Sept. 24, 1963, Pub. L. 88-130, Sec. 1(4), 77 Stat. 175; June 9, 1966, Pub. L. 89-444, Sec. 1(4), (5), 80 Stat. 195; Oct. 12, 1982, Pub. L. 97-295, Sec. 2(1), 96 Stat. 1301; July 1, 1986, Pub. L. 99-348, title II, Sec. 205(b)(1), 100 Stat. 699.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed., Sec. 161 (Jan. 12, 1923, ch. 25, Sec. 2, 42 Stat. 1130; June 25, 1936, ch. 808, 49 Stat. 1924; June 9, 1937, ch. 309, Sec. 1, 50 Stat. 252; June 6, 1940, ch. 257, Sec. 1(a), 54 Stat. 246). Provision is added for retirement of the Commandant with the grade and pay of vice admiral after 3 years service, in the discretion of the President, regardless of total length of service. Provision is also added for retirement with the grade and pay of vice admiral in case of physical disability. 81st Congress, House Report No. 557. AMENDMENTS 1986 - Pub. L. 99-348 struck out 'and retired pay computed at the highest rates of basic pay applicable to him while he served as Commandant' after 'admiral' in subsecs. (a) to (c). 1982 - Subsec. (a). Pub. L. 97-295 substituted 'Commandant' for 'commandant'. 1966 - Subsec. (c). Pub. L. 89-444, Sec. 1(4), removed requirement that the Commandant serve 2 1/2 years as Commandant before being eligible for retirement with the grade of admiral and retired pay computed at the highest rates of basic pay applicable to him while he served as Commandant. Subsec. (d). Pub. L. 89-444, Sec. 1(5), repealed subsec. (d) which provided that a Commandant who retired within 2 1/2 years of the date of his original appointment as Commandant would retire in his permanent grade and with the retired pay of that grade. 1963 - Subsecs. (a) to (c). Pub. L. 88-130 substituted 'of admiral and retired pay computed at the highest rates of basic pay applicable to him while he served as Commandant' for 'and retired pay of admiral'. 1960 - Pub. L. 86-474 authorized any Commandant who is not reappointed at the expiration of his term to be retired with the grade and retired pay of admiral, directed placement on the retired list with the grade and retired pay of admiral for a Commandant who is retired for physical disability, reduced from three to two and one-half years the period that the Commandant must serve before he may voluntarily apply retirement without regard to total length of service, and provided that any Commandant who retires within two and one-half years of the date of his original appointment as Commandant shall retire in his permanent grade and with the retired pay of that grade. ------DocID 17486 Document 5 of 963------ -CITE- 15 USC Sec. 46 -EXPCITE- TITLE 15 CHAPTER 2 SUBCHAPTER I -HEAD- Sec. 46. Additional powers of Commission -STATUTE- The Commission shall also have power - (a) Investigation of persons, partnerships, or corporations To gather and compile information concerning, and to investigate from time to time the organization, business, conduct, practices, and management of any person, partnership, or corporation engaged in or whose business affects commerce, excepting banks, savings and loan institutions described in section 57a(f)(3) of this title, Federal credit unions described in section 57a(f)(4) of this title, and common carriers subject to the Act to regulate commerce, and its relation to other persons, partnerships, and corporations. (b) Reports of persons, partnerships, and corporations To require, by general or special orders, persons, partnerships, and corporations, engaged in or whose business affects commerce, excepting banks, savings and loan institutions described in section 57a(f)(3) of this title, Federal credit unions described in section 57a(f)(4) of this title, and common carriers subject to the Act to regulate commerce, or any class of them, or any of them, respectively, to file with the Commission in such form as the Commission may prescribe annual or special, or both annual and special, reports or answers in writing to specific questions, furnishing to the Commission such information as it may require as to the organization, business, conduct, practices, management, and relation to other corporations, partnerships, and individuals of the respective persons, partnerships, and corporations filing such reports or answers in writing. Such reports and answers shall be made under oath, or otherwise, as the Commission may prescribe, and shall be filed with the Commission within such reasonable period as the Commission may prescribe, unless additional time be granted in any case by the Commission. (c) Investigation of compliance with antitrust decrees Whenever a final decree has been entered against any defendant corporation in any suit brought by the United States to prevent and restrain any violation of the antitrust Acts, to make investigation, upon its own initiative, of the manner in which the decree has been or is being carried out, and upon the application of the Attorney General it shall be its duty to make such investigation. It shall transmit to the Attorney General a report embodying its findings and recommendations as a result of any such investigation, and the report shall be made public in the discretion of the Commission. (d) Investigations of violations of antitrust statutes Upon the direction of the President or either House of Congress to investigate and report the facts relating to any alleged violations of the antitrust Acts by any corporation. (e) Readjustment of business of corporations violating antitrust statutes Upon the application of the Attorney General to investigate and make recommendations for the readjustment of the business of any corporation alleged to be violating the antitrust Acts in order that the corporation may thereafter maintain its organization, management, and conduct of business in accordance with law. (f) Publication of information; reports To make public from time to time such portions of the information obtained by it hereunder as are in the public interest; and to make annual and special reports to the Congress and to submit therewith recommendations for additional legislation; and to provide for the publication of its reports and decisions in such form and manner as may be best adapted for public information and use: Provided, That the Commission shall not have any authority to make public any trade secret or any commercial or financial information which is obtained from any person and which is privileged or confidential, except that the Commission may disclose such information to officers and employees of appropriate Federal law enforcement agencies or to any officer or employee of any State law enforcement agency upon the prior certification of an officer of any such Federal or State law enforcement agency that such information will be maintained in confidence and will be used only for official law enforcement purposes. (g) Classification of corporations; regulations From time to time classify corporations and (except as provided in section 57a(a)(2) of this title) to make rules and regulations for the purpose of carrying out the provisions of this subchapter. (h) Investigations of foreign trade conditions; reports To investigate, from time to time, trade conditions in and with foreign countries where associations, combinations, or practices of manufacturers, merchants, or traders, or other conditions, may affect the foreign trade of the United States, and to report to Congress thereon, with such recommendations as it deems advisable. Provided, That the exception of 'banks, savings and loan institutions described in section 57a(f)(3) of this title, Federal credit unions described in section 57a(f)(4) of this title, and common carriers subject to the Act to regulate commerce' from the Commission's powers defined in clauses (a) and (b) of this section, shall not be construed to limit the Commission's authority to gather and compile information, to investigate, or to require reports or answers from, any person, partnership, or corporation to the extent that such action is necessary to the investigation of any person, partnership, or corporation, group of persons, partnerships, or corporations, or industry which is not engaged or is engaged only incidentally in banking, in business as a savings and loan institution, in business as a Federal credit union, or in business as a common carrier subject to the Act to regulate commerce. The Commission shall establish a plan designed to substantially reduce burdens imposed upon small businesses as a result of requirements established by the Commission under clause (b) relating to the filing of quarterly financial reports. Such plan shall (1) be established after consultation with small businesses and persons who use the information contained in such quarterly financial reports; (2) provide for a reduction of the number of small businesses required to file such quarterly financial reports; and (3) make revisions in the forms used for such quarterly financial reports for the purpose of reducing the complexity of such forms. The Commission, not later than December 31, 1980, shall submit such plan to the Committee on Commerce, Science, and Transportation of the Senate and to the Committee on Energy and Commerce of the House of Representatives. Such plan shall take effect not later than October 31, 1981. No officer or employee of the Commission or any Commissioner may publish or disclose information to the public, or to any Federal agency, whereby any line-of-business data furnished by a particular establishment or individual can be identified. No one other than designated sworn officers and employees of the Commission may examine the line-of-business reports from individual firms, and information provided in the line-of-business program administered by the Commission shall be used only for statistical purposes. Information for carrying out specific law enforcement responsibilities of the Commission shall be obtained under practices and procedures in effect on May 28, 1980, or as changed by law. Nothing in this section (other than the provisions of clause (c) and clause (d)) shall apply to the business of insurance, except that the Commission shall have authority to conduct studies and prepare reports relating to the business of insurance. The Commission may exercise such authority only upon receiving a request which is agreed to by a majority of the members of the Committee on Commerce, Science, and Transportation of the Senate or the Committee on Energy and Commerce of the House of Representatives. The authority to conduct any such study shall expire at the end of the Congress during which the request for such study was made. -SOURCE- (Sept. 26, 1914, ch. 311, Sec. 6, 38 Stat. 721; Nov. 16, 1973, Pub. L. 93-153, title IV, Sec. 408(e), 87 Stat. 592; Jan. 4, 1975, Pub. L. 93-637, title II, Sec. 201(b), 202(b), 203(a), 88 Stat. 2193, 2198; July 23, 1979, Pub. L. 96-37, Sec. 1(b), 93 Stat. 95; Mar. 25, 1980, H. Res. 549; May 28, 1980, Pub. L. 96-252, Sec. 3-5(a), 94 Stat. 374, 375; Aug. 10, 1987, Pub. L. 100-86, title VII, Sec. 715(a), (b), 101 Stat. 655.) -REFTEXT- REFERENCES IN TEXT The Act to regulate commerce, referred to in subsecs. (a), (b), and the proviso following subsec. (h), is defined in section 44 of this title. The antitrust Acts, referred to in subsecs. (c) to (e), are defined in section 44 of this title. -MISC2- AMENDMENTS 1987 - Subsecs. (a), (b). Pub. L. 100-86, Sec. 715(a)(1), (2), inserted reference to Federal credit unions described in section 57a(f)(4) of this title. Pub. L. 100-86, Sec. 715(b), in proviso following subsec. (h), inserted reference to Federal credit unions described in section 57a(f)(4) of this title and reference to in business as a Federal credit union. 1980 - Subsec. (f). Pub. L. 96-252, Sec. 3(a), substituted 'as are' for ', except trade secrets and names of customers, as it shall deem expedient' and inserted proviso restricting Commission's authority to make public trade secrets or commercial or financial information which is obtained from any person and which is privileged or confidential. Pub. L. 96-252, Sec. 3(b)-5(a), inserted three undesignated paragraphs following subsec. (h) requiring the Commission to establish a plan to reduce burdens imposed upon small businesses by the quarterly financial reporting requirements under subsec. (b) of this section, prohibiting Commissioners and officers and employees of the Commission from publishing or disclosing information whereby line-of-business data furnished by particular establishments or individuals can be identified, and, with certain exceptions, making this section inapplicable to the business of insurance. 1979 - Subsecs. (a), (b). Pub. L. 96-37, Sec. 1(b)(1), (2), inserted reference to savings and loan institutions described in section 57a(f)(3) of this title. Pub. L. 96-37, Sec. 1(b)(3), in proviso following subsec. (h), inserted references to savings and loan institutions and to persons, partnerships, corporations, groups of persons, partnerships, or corporations or industries that are not engaged or are engaged only incidentally in business as savings and loan institutions. 1975 - Subsec. (a). Pub. L. 93-637, Sec. 201(b), 203(a)(1), substituted 'in or whose business affects commerce' for 'in commerce', 'person, partnership, or corporation' for 'corporation', and 'persons, partnerships, and corporations' for 'corporations and to individuals, associations, and partnerships'. Subsec. (b). Pub. L. 93-637, Sec. 201(b), 203(a)(2), substituted 'in or whose business affects commerce' for 'in commerce', 'special orders, persons, partnerships, and corporations, engaged in or whose business affects commerce, excepting' for 'special orders, corporations engaged in or whose business affects commerce, excepting', and 'respective persons, partnerships, and corporations' for 'respective corporations'. Subsec. (g). Pub. L. 93-637, Sec. 202(b), inserted '(except as provided in section 57a(a)(2) of this title)' before 'to make rules and regulations'. Pub. L. 93-637, Sec. 203(a)(3), in proviso following subsec. (h), substituted 'any person, partnership, or corporation to the extent that such action is necessary to the investigation of any person, partnership, or corporation, group of persons, partnerships, or corporations,' for 'any such corporation to the extent that such action is necessary to the investigation of any corporation, group of corporations,'. 1973 - Pub. L. 93-153 inserted proviso following subsec. (h) that the Commission's investigatory powers to gather and compile information, investigate, and require reports or answers is not curtailed as regards banks and common carriers when the investigation in question is an investigation of a corporation, group of corporations, or industry not engaged or engaged only incidentally in banking or in business as a common carrier subject to the Act to regulate commerce notwithstanding provisions excepting banks and common carriers subject to the Act from the exercise of the Commission's power to investigate and require reports from corporations. -CHANGE- CHANGE OF NAME Committee on Interstate and Foreign Commerce of House of Representatives changed to Committee on Energy and Commerce immediately prior to noon on Jan. 3, 1981, by House Resolution 549, Ninety-sixth Congress, Mar. 25, 1980. -MISC4- EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-252 effective May 28, 1980, see section 23 of Pub. L. 96-252, set out as a note under section 45 of this title. APPLICABILITY OF 1975 AMENDMENT TO SUBSECTION (G) OF THIS SECTION For applicability to rules promulgated or proposed under subsec. (g) of this section prior to Jan. 4, 1975, of amendment made to said subsec. (g) by section 202(b) of Act Jan. 4, 1975, see 'Applicability' provisions of section 202(c) of Act Jan. 4, 1975, set out as a note under section 57a of this title. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of Federal Trade Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 8 of 1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out under section 41 of this title. -MISC5- STUDY AND EVALUATION OF EFFECTIVENESS OF STATE POLICIES AND PROGRAMS RELATING TO REGULATION OF CERTAIN HEALTH INSURANCE POLICIES Section 5(b) of Pub. L. 96-252 provided that: 'The amendment made in subsection (a) (adding undesignated paragraph authorizing studies and reports relating to the business of insurance) shall not be construed to prohibit the Federal Trade Commission from participating with the Secretary of Health and Human Services in a comprehensive study and evaluation of the comparative effectiveness of various State policies and programs relating to the regulation of health insurance policies available for purchase by individuals who are eligible for benefits under the program of health insurance benefits established in title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.).' -EXEC- EX. ORD. NO. 10544. INSPECTION OF INCOME TAX RETURNS BY FEDERAL TRADE COMMISSION Ex. Ord. No. 10544, July 12, 1954, 19 F.R. 4289, provided: By virtue of the authority vested in me by section 55(a) of the Internal Revenue Code (53 Stat. 29; 54 Stat. 1008; 55 Stat. 722) and in the interest of the internal management of the Government, it is hereby ordered that corporation income tax returns made for the year 1953 and subsequent years shall be open to inspection by the Federal Trade Commission as an aid in executing the powers conferred upon such Commission by the Federal Trade Commission Act of September 26, 1914, 38 Stat. 717, (this subchapter), such inspection to be in accordance and upon compliance with the rules and regulations prescribed by the Secretary of the Treasury in the Treasury decision relating to the inspection of returns by the Federal Trade Commission, approved by me this date (T.D. 6080, 19 F.R. 4308). This Executive Order shall be effective upon its filing for publication in the Federal Register. -CROSS- CROSS REFERENCES Enforcement by Federal Trade Commission of requirements imposed under section 1601 et seq. of this title, see section 1607 of this title. Jurisdiction, powers and duties of Secretary of Agriculture in enforcing the provisions of the Packers and Stockyards Act, application of this section to, see section 222 of Title 7, Agriculture. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 57b-1, 57b-2, 57b-3 of this title; title 7 sections 222, 2146, 3807; title 13 section 91; title 21 sections 467d, 677, 1051. ------DocID 17788 Document 6 of 963------ -CITE- 15 USC Sec. 80a-46 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER I -HEAD- Sec. 80a-46. Validity of contracts -STATUTE- (a) Waiver of compliance as void Any condition, stipulation, or provision binding any person to waive compliance with any provision of this subchapter or with any rule, regulation, or order thereunder shall be void. (b) Equitable results; rescission; severance (1) A contract that is made, or whose performance involves, a violation of this subchapter, or of any rule, regulation, or order thereunder, is unenforceable by either party (or by a nonparty to the contract who acquired a right under the contract with knowledge of the facts by reason of which the making or performance violated or would violate any provision of this subchapter or of any rule, regulation, or order thereunder) unless a court finds that under the circumstances enforcement would produce a more equitable result than nonenforcement and would not be inconsistent with the purposes of this subchapter. (2) To the extent that a contract described in paragraph (1) has been performed, a court may not deny rescission at the instance of any party unless such court finds that under the circumstances the denial of rescission would produce a more equitable result than its grant and would not be inconsistent with the purposes of this subchapter. (3) This subsection shall not apply (A) to the lawful portion of a contract to the extent that it may be severed from the unlawful portion of the contract, or (B) to preclude recovery against any person for unjust enrichment. -SOURCE- (Aug. 22, 1940, ch. 686, title I, Sec. 47, 54 Stat. 845; Oct. 21, 1980, Pub. L. 96-477, title I, Sec. 104, 94 Stat. 2277.) -MISC1- AMENDMENTS 1980 - Subsec. (b). Pub. L. 96-477 provided that a contract whose terms violated this subchapter or any rule, regulation, or order thereunder would be unenforceable by either party or by a nonparty to the contract who acquired a right under such contract with knowledge of the facts by reason of which the making or performance of the contract would violate this subchapter, struck out provisions declaring such contracts void as regards the rights of the violators or nonparties to the contract with actual knowledge of its illegality, authorized the court to enforce such contracts where the court found that under the circumstances enforcement would produce a more equitable result than nonenforcement and such enforcement would not be inconsistent with the purposes of this subchapter, authorized the same two-part test to save from rescission any portions of such contracts which had been performed, and provided that subsec. (b) was not to apply to a lawful portion of a contract to the extent it could be severed from an unlawful portion of such contract, or to preclude recovery against any person for unjust enrichment. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 80a-6, 80a-58 of this title. ------DocID 18839 Document 7 of 963------ -CITE- 15 USC CHAPTER 46 -EXPCITE- TITLE 15 CHAPTER 46 -HEAD- CHAPTER 46 - MOTOR VEHICLE INFORMATION AND COST SAVINGS -MISC1- Sec. 1901. Definitions. SUBCHAPTER I - BUMPER STANDARDS 1911. Congressional findings and declaration of purpose. (a) Findings. (b) Purpose. 1912. Promulgation of bumper standards. (a) Authority of Secretary; applicability to passenger motor vehicles and equipment. (b) Criteria; conflict of standards with motor vehicle safety standards. (c) Exemptions; attachment of detachable hitches. (d) Effective date. (e) Rule making procedure; hearing. 1913. Judicial review of rules establishing bumper standards. (a) Filing of petition; time for filing; jurisdiction; venue; transmittal of copy of petition to Secretary; filing of record of proceedings by Secretary. (b) Additional evidence before Secretary; procedure; findings and recommendations of Secretary. (c) Applicability of sections 701 to 706 of title 5. (d) Review by Supreme Court. (e) Availability of other remedies. 1914. Powers of Secretary. (a) Conduct of hearings; subpena of witnesses and production of books, records, etc.; examination of relevant documentary evidence; orders requiring persons to file reports and answer specific questions; enforcement of subpenas and orders by district courts; contempt proceedings; payment of fees and mileage to witnesses. (b) Disclosure of confidential information. (c) Requests for information from other Federal departments, agencies, and instrumentalities; compliance; detail of personnel by head of other Federal departments, agencies, and instrumentalities. (d) Conduct of research. 1915. Determination of compliance by manufacturer with bumper standards. (a) Records, reports, and information from manufacturer; inspection and examination of vehicles and relevant documents; availability of vehicles and equipment for testing; negotiated price for test vehicles and equipment. (b) Entry into factory, warehouse, or establishment for reasonable inspection by duly designated officers, etc., of Secretary upon presentment to owner, operator, or agent in charge of credentials and written notice. (c) Certification by manufacturer or distributor to distributor or dealer at time of delivery of vehicle or item of equipment of conformance to applicable Federal bumper standards; form of certification; nonapplicability to exports. 1916. Prohibited acts. (a) Failure to comply with bumper standard, rule, recordkeeping, inspection, or certification requirements. (b) Exemptions from compliance with bumper standards; compliance of imported passenger motor vehicles or equipment with bumper standard; importation of passenger motor vehicle or equipment after first purchase in good faith for purpose other than resale. (c) Liability under statutory or common law not affected by compliance with bumper standard. 1917. Enforcement provisions. (a) Civil penalties; assessment and collection in civil action; separate nature of violations; maximum amount of penalties. (b) Violations by persons or corporations subsequent to receipt of notice of noncompliance; liability; amount of penalties. (c) Injunctive relief to restrain violations of bumper standards; petition; jurisdiction; notice by Secretary to person against whom action is contemplated to present views and achieve compliance; criminal contempt proceedings; venue; subpenas for witnesses. 1918. Civil action against manufacturer for failure to comply with bumper standards; persons entitled to bring suit; jurisdiction; venue; items of recovery; period of limitation. 1919. Public access to information. 1920. State and local bumper standards. (a) Establishment. (b) Enforcement; bumper standards for Federal, State, or locally owned vehicles. 1921. Authorization of appropriations. 1922. Annual report. SUBCHAPTER II - AUTOMOBILE CONSUMER INFORMATION STUDY 1941. Consumer information study by Secretary. (a) Scope of study. (b) Recommendations. (c) Dissemination of information to consumers. (d) Compilation and distribution of information. (e) Insurance premium rate comparisons; establishment of procedures requiring automobile dealers to distribute information to prospective purchasers. 1942. Appointment, compensation, etc., by Secretary of personnel, experts, consultants, and advisory committees to assist in study. 1943. Requests by Secretary for information from other Federal departments, etc. (a) Compliance. (b) Detail of personnel by head of other Federal departments, etc.; reimbursement. 1944. Powers of Secretary. (a) Conduct of hearings; subpena of witnesses and production of books, records, etc. (b) Examination of relevant documentary evidence. (c) Orders requiring persons to file reports and answer specific questions. (d) Enforcement of subpenas and orders by district courts; contempt proceedings. (e) Payment of fees and mileage to witnesses. (f) Disclosure of confidential information. 1945. Insurance reports and information. (a) Duty of insurers of passenger motor vehicles. (b) Scope of reports and information. (c) Considerations governing request by Secretary for reports and information. (d) Voluntary nature of compliance by insurer with request of Secretary. (e) Damage susceptibility, crashworthiness, and damage repair and personal injury cost information. (f) Dissemination of information by Secretary. (g) Time and manner of furnishing information. 1946. Prohibited acts. 1947. Injunctive relief to restrain violations of information requirements; petition; jurisdiction; notice by Secretary to person against whom action is contemplated for opportunity to present views and achieve compliance; venue; subpenas for witnesses. 1948. Civil penalties for violations of information requirements. (a) Separate nature of violations; maximum amount of penalties. (b) Compromise of penalty by Secretary; determination of amount of penalty or amount of compromised penalty; deduction of amount of penalty. (c) Venue; subpenas for witnesses. 1949. Authorization of appropriations. SUBCHAPTER III - DIAGNOSTIC INSPECTION DEMONSTRATION PROJECTS PART A - STATE PROGRAMS 1961. Powers of Secretary. (a) Establishment of demonstration projects; commencement of inspections. (b) Grants and technical assistance to States; consultations with Administrator of Environmental Protection Agency. (c) Conduct or supervision by States of demonstration projects; nonprofit performance of diagnostic inspection services; limitations on demonstration projects. 1962. Eligibility of States for grants or other assistance. (a) Application. (b) Requirements for demonstration projects. 1963. Implementation of grants or other assistance to States. (a) Time, manner, and contents of application. (b) Limitation on amount of grant; date for eligibility of inspection costs; retention of equipment by State; manner of payments. (c) Minimum use of grants for diagnostic inspection demonstration projects. PART B - SPECIAL DEMONSTRATION PROJECTS 1963a. Duties of Secretary. (a) Establishment of special demonstration project; purposes of motor vehicle inspection. (b) Evaluation of equipment available for use in small automotive repair establishments; report to Congress. (c) Participation of certain Federal Administrators. PART C - AUTHORIZATION OF APPROPRIATIONS 1964. Authorization of appropriations. SUBCHAPTER IV - ODOMETER REQUIREMENTS 1981. Congressional findings and declaration of purpose. 1982. Definitions. 1983. Devices causing odometer to register other than true mileage driven prohibited. 1984. Change of mileage indicated on odometer prohibited. 1985. Operation of motor vehicle with knowledge of disconnected or nonfunctional odometer prohibited. 1986. Conspiracy to violate odometer requirements. 1987. Lawful service, repair, or replacement of odometer; adjustment of mileage and notice of adjustment; failure to adjust mileage or affix notice of adjustment and removal or alteration of notice with fraudulent intent prohibited. (a) Adjustment of mileage and notice of adjustment. (b) Failure to adjust mileage or affix notice; fraudulent removal or alteration. 1988. Disclosure requirements upon transfer of ownership of motor vehicle. (a) Promulgation of rules. (b) Violations of rules and giving false statements to transferees prohibited. (c) Acceptance of incomplete written disclosure by transferees acquiring ownership for resale prohibited. (d) Statement by transferor of mileage disclosure prior to licensing by transferee. (e) Written disclosure regarding mileage by lessee to lessor upon lessor's transfer of ownership of leased motor vehicle. (f) State alternate motor vehicle mileage disclosure requirements. (g) Recordkeeping requirements for auction company where motor vehicle sold at auction. 1989. Civil actions to enforce liability for violations of odometer requirements. (a) Amount of damages. (b) Jurisdiction; period of limitation. 1990. Injunctive relief to restrain violations. (a) Jurisdiction; venue; service of process. (b) Subpenas for witnesses. 1990a. State action to restrain violation or recover damages. (a) Action by chief law enforcement officer. (b) Period of limitation; jurisdiction. 1990b. Civil penalty. (a) Maximum amounts. (b) Assessment; collection; compromise. 1990c. Criminal penalties. (a) Maximum amounts. (b) Liability of director, etc., of corporation. 1990d. Inspections and investigations. (a) Authorization of Secretary; cooperation with State and local officials; power of designated officers or employees to enter, impound, and inspect; compensation for impounding of motor vehicles or equipment. (b) Recordkeeping requirements. (c) Administrative proceedings; access to and copying of documentary evidence; written reports and answers; judicial enforcement of subpoenas or orders; witness fees and mileage. (d) Disclosure of confidential information. 1990e. Administrative warrants. (a) Necessity. (b) Issuance and execution; inventory of impounded property; filing of papers. 1990f. Compliance with inspection and investigation requirements. 1990g. Authorization of appropriations. 1991. State odometer requirements. SUBCHAPTER V - IMPROVING AUTOMOTIVE EFFICIENCY 2001. Definitions. 2002. Average fuel economy standards. (a) Standards for passenger vehicles manufactured after 1977; review of standards; report to Congress; standards for passenger automobiles manufactured from 1981 through 1984; amendment of standards. (b) Standards for other than passenger automobiles. (c) Exemptions for manufacturers of limited number of cars. (d) Application for modification of standards. (e) Determination of maximum feasible average fuel economy. (f) Amendment of average fuel economy standards. (g) Exemption of emergency vehicles from fuel economy standards. (h) Application of other laws. (i) Consultation with Secretary of Energy; impact of proposed standards upon conservation goals; comments. (j) Notification of Secretary of Energy; comments. (k) Adjustments or relief regarding standards for other than passenger automobiles. (l) Credits for exceeding average fuel economy standards. 2003. Calculation of average fuel economy. (a) Method of calculation. (b) Automobile categories. (c) 'Automobiles manufactured' defined. (d) Testing and calculation procedures. (e) Rounding off of measurements of fuel economy. (f) Consultation and coordination by Administrator with Secretary. 2004. Judicial review. (a) Review of rules in courts of appeals. (b) Additional submissions. (c) Finality of determination; review by United States Supreme Court. (d) Remedy in addition to other remedies provided by law. 2005. Information and reports. (a) Reports by manufacturers; time; contents. (b) Hearings; evidence. (c) Tests, reports, etc., which may be required of manufacturers. (d) Disclosure of information to public. 2006. Labeling. (a) Label required on automobile; contents. (b) Booklet containing fuel economy data; distribution by administrator. (c) Violations. (d) Creation of warranties. (e) Consultation by Administrator with other agency personnel. 2007. Unlawful conduct. (a) Designation. (b) Exception. 2008. Civil penalty. (a) Penalty for violations; credit against penalty. (b) Amount of penalty; compromise or modification. (c) Review of penalty by interested person. (d) Prescription of additional amount by rule. (e) Publication of proposed rule; hearing; evidence; publication of final rule; judicial review. 2009. State laws. (a) Fuel economy standards. (b) Fuel economy disclosures. (c) State or political subdivision automobiles. 2010. Use of fuel efficient passenger automobiles by Federal Government. (a) Rules. (b) Definitions. 2011. Retrofit devices. (a) Examination of fuel economy representations. (b) Evaluation of retrofit devices. (c) Results of tests; publication in Federal Register. (d) Rules establishing tests and procedures for evaluation of retrofit devices. (e) Definitions. 2012. Reports to Congress. (a) Fuel flow instrument requirement. (b) Inclusion of electric vehicles under provisions of this subchapter. (c) Effects of exemption granted. 2013. Manufacturing incentives for automobiles. (a) Alcohol powered automobile. (b) Dual energy automobile. (c) Natural gas powered automobile. (d) Natural gas dual energy automobile. (e) Fuel economy calculation. (f) Applicability. (g) Maximum increase. (h) Definitions. SUBCHAPTER VI - THEFT PREVENTION 2021. Definitions. 2022. Theft prevention standards. (a) Authority to promulgate. (b) Criteria. (c) Proposed and final rules establishing standard. (d) Required identification. (e) Recordkeeping requirements. 2023. Designation of high theft vehicle lines and parts. (a) Categories. (b) Determination of theft rate. (c) Need for manufacturer information. (d) Power of Secretary. 2024. Cost limitation. (a) Maximum cost to manufacturer. (b) Computation of manufacturer's costs. (c) Adjustment of costs. 2025. Exemption for vehicles with antitheft devices. (a) Grounds. (b) Procedure. (c) Time of determination. (d) Rescission of exemption. (e) 'Antitheft device' defined. 2026. Determination of compliance of manufacturer. (a) Recordkeeping requirements. (b) Notice and inspection. (c) Certificate of compliance. (d) Notice of error. 2027. Prohibited acts. 2028. Enforcement provisions; maximum penalties; injunctive relief. 2029. Confidentiality of information. 2030. Judicial review. 2031. Coordination with State and local law. 2032. Insurance reports and information. (a) Required information. (b) Periodic compilations. (c) Consultation with State and insurance regulatory agencies. (d) Reduced claims payment. (e) Prescribed form for information. (f) 'Motor vehicle' defined. 2033. Voluntary vehicle identification standards. (a) Authority to promulgate. (b) Criteria. (c) Voluntary compliance. (d) Relief from requirements. 2034. Three-year and five-year studies regarding motor vehicle theft. (a) Three-year report. (b) Five-year report. (c) Bases of reports. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 2512 of this title; title 18 section 511. ------DocID 19684 Document 8 of 963------ -CITE- 16 USC Sec. 46 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER VI -HEAD- Sec. 46. Yosemite National Park; lands segregated from and included in Sierra National Forest; rights-of-way over -STATUTE- All those tracts or parcels of ground described in section 471c of this title, but not included within the metes and bounds of the land hereinafter described are included and made a part of the Sierra National Forest, namely: The tracts of land in the State of California known and described as follows: Beginning at the point where the middle of the channel of the South Fork of the Merced River intersects the line between sections 3 and 4, township 4 south, range 20 east, Mount Diablo base and meridian; thence northerly along section lines through the middle of townships 3 and 4 south, range 20 east, to the northwest corner of section 3, township 3 south, range 20 east; thence westerly along township line to the southwest corner of section 33, township 2 south, range 20 east; thence northerly along section lines to the northwest corner of section 21, said township; thence westerly along section lines to the southwest corner of section 18, said township; thence southerly along range line to the southeast corner of the northeast quarter of section 24, township 2 south, range 19 east; thence westerly to the southwest corner of the northeast quarter of section 24, said township; thence southerly to the southeast corner of the southwest quarter of section 24, said township; thence westerly along section lines to the southwest corner of section 23, said township; thence northerly along section lines to the northwest corner of the southwest quarter of section 14, said township; thence easterly to the northeast corner of the southeast quarter of section 14, said township; thence northerly along section line to the northwest corner of section 13, said township; thence easterly along section line to the northeast corner of section 13, said township; thence northerly along range line to the northwest corner of the southwest quarter of section 7, township 2, south, range 20 east; thence easterly to the northeast corner of the southeast quarter of section 7, said township; thence southerly along section line to the northwest corner of section 17, said township; thence easterly along section lines to the northeast corner of section 16, said township; thence northerly along section lines to the northwest corner of section 3, said township; thence westerly along township line to the southwest corner of section 33, township 1 south, range 20 east; thence northerly along section lines to the northwest corner of section 21, said township; thence westerly along section lines to the southwest corner of section 18, said township; thence northerly along range line to the northwest corner of section 6, said township; thence westerly along Mount Diablo base line to the southwest corner of section 34, township 1 north, range 19 east; thence northerly along section lines through the middle of townships 1 and 2 north, range 19 east, to the point of intersection with the summit of the divide between Cherry Creek on the west and Eleanor and Fall Creeks on the east; thence along the summit of said divide in a northeasterly direction to the summit of the Sierra Nevada Mountains; thence southeasterly along the summit of the Sierra Nevada Mountains to the divide between the Merced and San Joaquin Rivers; thence southwesterly along said divide to the point of intersection with the south boundary of township 4 south, range 23 east, Mount Diablo base and meridian; thence westerly along township line to the point of intersection with the middle of the channel of the South Fork of the Merced River; thence westerly down the middle of said river to the place of beginning. The lands above described are reserved and withdrawn from settlement, occupancy, or sale under the laws of the United States, and set apart as reserved forest lands, subject to all the provisions of sections 55, 61, 471c and 471d of this title. The Secretary of the Interior may require the payment of such price as he may deem proper for privileges on the land herein segregated from the Yosemite National Park and made a part of the Sierra National Forest accorded under section 79 of this title, relating to rights of way over certain parks, reservations, and other lands, and other acts concerning rights of way over public lands; and the moneys received from the privileges accorded on the lands herein segregated and included in the Sierra National Forest shall be paid into the Treasury of the United States as provided by law. The forest lands herein set aside and reserved shall be known as the 'Yosemite National Park.' -SOURCE- (Feb. 7, 1905, ch. 547, Sec. 1, 33 Stat. 702; Mar. 4, 1907, ch. 2907, 34 Stat. 1279.) -REFTEXT- REFERENCES IN TEXT Section 79 of this title, referred to in text, was in the original a reference to act Feb. 15, 1901, ch. 372, 31 Stat. 790. For further details, see Codification note set out under section 79 of this title. -COD- CODIFICATION 'Sierra National Forest' substituted in text for 'Sierra Forest Reserve' on authority of act Mar. 4, 1907, ch. 2907, 34 Stat. 1269, which provided that forest reserves shall hereafter be known as national forests. -MISC3- ADDITIONS TO YOSEMITE NATIONAL PARK The following provisions authorized the addition of lands to Yosemite National Park: Pub. L. 98-425, title I, Sec. 105(a)(2), (d), Sept. 28, 1984, 98 Stat. 1626. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 48, 49 of this title. ------DocID 21428 Document 9 of 963------ -CITE- 16 USC Sec. 460uu-46 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER CVI Part E -HEAD- Sec. 460uu-46. Exchanges and acquisitions generally; withdrawal -STATUTE- (a) Exchanges on basis of equal value; cash equalization; exceptions All exchanges pursuant to this subchapter shall be made in a manner consistent with applicable provisions of law, including this subchapter, and unless otherwise specified in this subchapter shall be on the basis of equal value; either party to an exchange may pay or accept cash in order to equalize the value of the property exchange, except that if the parties agree to an exchange and the Secretary determines it is in the public interest, such exchange may be made for other than equal value. (b) 'Public lands' defined For purposes of this subchapter, the term 'public lands' shall have the same meaning as such term has when used in the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). (c) Incorporation and management of after-acquired lands Except as otherwise provided in section 460uu-45 of this title, any lands or interests therein within the boundaries of the monument or conservation area which after December 31, 1987, may be acquired by the United States shall be incorporated into the monument or conservation area, as the case may be, and managed accordingly, and all provisions of this subchapter and other laws applicable to the monument or the conservation area, as the case may be, shall apply to such incorporated lands. (d) Prohibition on transfer of lands out of Federal ownership; withdrawal of lands from all forms of entry (1) Except as otherwise provided in this subchapter, no federally-owned lands located within the boundaries of the monument or the conservation area shall be transferred out of Federal ownership, or be placed in trust for any Indian tribe or group, by exchange or otherwise. (2) Except as otherwise provided in this subchapter, and subject to valid existing rights, all Federal lands within the monument and the conservation area and all lands and interests therein which are acquired on and after December 31, 1987, by the United States are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws and from location, entry and patent under the mining laws, and from operation of the mineral leasing and geothermal leasing laws and all amendments thereto. (e) Discrepancies in citation of acreage; maps as controlling The acreages cited in this subchapter are approximate, and in the event of discrepancies between cited acreages and the lands depicted on referenced maps, the maps shall control. (f) Acceptance of lands proposed for donation The Secretary is authorized to accept any lands contiguous to the boundaries of the Pecos National Monument (as such boundaries were established on December 31, 1987) which may be proposed for donation to the United States. If acceptance of such lands proposed for donation would be in furtherance of the purposes for which the Pecos National Monument was established, the Secretary shall accept such lands, and upon such acceptance such lands shall be incorporated into such monument and managed accordingly. (g) Redesignation and revision of boundaries of Capulin Mountain National Monument (1) Capulin Mountain National Monument is hereby redesignated as Capulin Volcano National Monument. (2) Any reference in any record, map, or other document of the United States of America to Capulin Mountain National Monument shall hereafter be deemed to be a reference to Capulin Volcano National Monument. (3) Section 1 of the Act of September 5, 1962 (76 Stat. 436) is hereby amended by striking the remaining portion of section 1 after 'boundaries of the monument' and inserting 'shall include the lands and interests in lands as generally depicted on the map entitled 'Capulin Volcano National Monument Boundary Map' which is numbered 125-80,014 and dated January 1987.'. (4) Jurisdiction over federally-owned lands within the revised boundaries of the monument is hereby transferred to the National Park Service, without monetary consideration, for administration as part of the monument. -SOURCE- (Pub. L. 100-225, title V, Sec. 506, Dec. 31, 1987, 101 Stat. 1546.) -REFTEXT- REFERENCES IN TEXT The Federal Land Policy and Management Act of 1976, referred to in subsec. (b), is Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, as amended, which is classified principally to chapter 35 (Sec. 1701 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 43 and Tables. The public land laws, referred to in subsec. (d)(2), are classified generally to Title 43. The mining laws, referred to in subsec. (d)(2), are classified generally to Title 30, Mineral Lands and Mining. Mineral leasing laws, referred to in subsec. (d)(2), have been defined in sections 351, 505, 530, and 541e of Title 30, to mean acts Oct. 20, 1914, ch. 330, 38 Stat. 741; Feb. 25, 1920, ch. 85, 41 Stat. 437; Apr. 17, 1926, ch. 158, 44 Stat. 301; and Feb. 7, 1927, ch. 66, 44 Stat. 1057. The act of Oct. 20, 1914, was repealed by Pub. L. 86-252, Sec. 1, Sept. 9, 1959, 73 Stat. 490. The act of Feb. 25, 1920, is known as the Mineral Leasing Act and is classified generally to chapter 3A (Sec. 181 et seq.) of Title 30. The act of Apr. 17, 1926, is classified generally to subchapter VIII (Sec. 271 et seq.) of chapter 3A of Title 30. The act of Feb. 7, 1927, is classified principally to subchapter IX (Sec. 281 et seq.) of chapter 3A of Title 30. For complete classification of these Acts to the Code, see Tables. Geothermal leasing laws, referred to in subsec. (d)(2), are classified principally to chapter 23 (Sec. 1001 et seq.) of Title 30. Section 1 of the Act of September 5, 1962, referred to in subsec. (g)(3), is section 1 of Pub. L. 87-635, Sept. 5, 1962, 76 Stat. 436, which is not classified to the Code. ------DocID 23227 Document 10 of 963------ -CITE- 16 USC CHAPTER 46 -EXPCITE- TITLE 16 CHAPTER 46 -HEAD- CHAPTER 46 - PUBLIC UTILITY REGULATORY POLICIES -MISC1- Sec. 2601. Findings. 2602. Definitions. 2603. Relationship to antitrust laws. SUBCHAPTER I - RETAIL REGULATORY POLICIES FOR ELECTRIC UTILITIES 2611. Purposes. 2612. Coverage. (a) Volume of total retail sales. (b) Exclusion of wholesale sales. (c) List of covered utilities. 2613. Federal contracts. SUBCHAPTER II - STANDARDS FOR ELECTRIC UTILITIES 2621. Consideration and determination respecting certain ratemaking standards. (a) Consideration and determination. (b) Procedural requirements for consideration and determination. (c) Implementation. (d) Establishment. 2622. Obligations to consider and determine. (a) Request for consideration and determination. (b) Time limitations. (c) Failure to comply. 2623. Adoption of certain standards. (a) Adoption of standards. (b) Establishment. (c) Procedural requirements. 2624. Lifeline rates. (a) Lower rates. (b) Determination. (c) Prior proceedings. 2625. Special rules for standards. (a) Cost of service. (b) Time-of-day rates. (c) Load management techniques. (d) Master metering. (e) Automatic adjustment clauses. (f) Information to consumers. (g) Procedures for termination of electric service. (h) Advertising. 2626. Reports respecting standards. (a) State authorities and nonregulated utilities. (b) Secretary. 2627. Relationship to State law. (a) Revenue and rate of return. (b) State authority. (c) Federal agencies. SUBCHAPTER III - INTERVENTION AND JUDICIAL REVIEW 2631. Intervention in proceedings. (a) Authority to intervene and participate. (b) Access to information. (c) Effective date; procedures. 2632. Consumer representation. (a) Compensation for costs of participation or intervention. (b) Alternative means. (c) Transcripts. (d) Federal agencies. (e) Rights under other authority. 2633. Judicial review and enforcement. (a) Limitation of Federal jurisdiction. (b) Enforcement of intervention right. (c) Review and enforcement. (d) Other authority of Secretary. 2634. Prior and pending proceedings. SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS 2641. Voluntary guidelines. 2642. Responsibilities of Secretary. (a) Authority. (b) Technical assistance. (c) Appropriations. 2643. Gathering information on costs of service. (a) Information required to be gathered. (b) Commission rules. (c) Filing and publication. (d) Enforcement. 2644. Relationship to other authority. 2645. Utility regulatory institute. (a) Matching grants. (b) Federal share. (c) Restrictions. (d) Authorization of appropriations. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 10 section 2483; title 42 sections 6807, 7375. ------DocID 23817 Document 11 of 963------ -CITE- 18 USC Sec. 46 -EXPCITE- TITLE 18 PART I CHAPTER 3 -HEAD- Sec. 46. Transportation of water hyacinths -STATUTE- (a) Whoever knowingly delivers or receives for transportation, or transports, in interstate commerce, alligator grass (alternanthera philoxeroides), or water chestnut plants (trapa natans) or water hyacinth plants (eichhornia crassipes) or the seeds of such grass or plants; or (b) Whoever knowingly sells, purchases, barters, exchanges, gives, or receives any grass, plant, or seed which has been transported in violation of subsection (a); or (c) Whoever knowingly delivers or receives for transportation, or transports, in interstate commerce, an advertisement, to sell, purchase, barter, exchange, give, or receive alligator grass or water chestnut plants or water hyacinth plants or the seeds of such grass or plants - Shall be fined not more than $500, or imprisoned not more than six months, or both. -SOURCE- (Added Aug. 1, 1956, ch. 825, Sec. 1, 70 Stat. 797.) ------DocID 24140 Document 12 of 963------ -CITE- 18 USC CHAPTER 46 -EXPCITE- TITLE 18 PART I CHAPTER 46 -HEAD- CHAPTER 46 - FORFEITURE -MISC1- Sec. 981. Civil forfeiture. 982. Criminal forfeiture. AMENDMENTS 1988 - Pub. L. 100-690, title VII, Sec. 7069, Nov. 18, 1988, 102 Stat. 4405, substituted 'forfeiture' for 'Forfeiture' in items 981 and 982. ------DocID 25137 Document 13 of 963------ -CITE- 18 USC Rule 46 -EXPCITE- TITLE 18 RULES OF CRIMINAL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS X -HEAD- Rule 46. Release From Custody -STATUTE- (a) Release Prior to Trial. Eligibility for release prior to trial shall be in accordance with 18 U.S.C. Sec. 3142 and 3144. (b) Release During Trial. A person released before trial shall continue on release during trial under the same terms and conditions as were previously imposed unless the court determines that other terms and conditions or termination of release are necessary to assure such person's presence during the trial or to assure that such person's conduct will not obstruct the orderly and expeditious progress of the trial. (c) Pending Sentence and Notice of Appeal. Eligibility for release pending sentence or pending notice of appeal or expiration of the time allowed for filing notice of appeal, shall be in accordance with 18 U.S.C. Sec. 3143. The burden of establishing that the defendant will not flee or pose a danger to any other person or to the community rests with the defendant. (d) Justification of Sureties. Every surety, except a corporate surety which is approved as provided by law, shall justify by affidavit and may be required to describe in the affidavit the property by which the surety proposes to justify and the encumbrances thereon, the number and amount of other bonds and undertakings for bail entered into by the surety and remaining undischarged and all the other liabilities of the surety. No bond shall be approved unless the surety thereon appears to be qualified. (e) Forfeiture. (1) Declaration. If there is a breach of condition of a bond, the district court shall declare a forfeiture of the bail. (2) Setting aside. The court may direct that a forfeiture be set aside in whole or in part, upon such conditions as the court may impose, if a person released upon execution of an appearance bond with a surety is subsequently surrendered by the surety into custody or if it otherwise appears that justice does not require the forfeiture. (3) Enforcement. When a forfeiture has not been set aside, the court shall on motion enter a judgment of default and execution may issue thereon. By entering into a bond the obligors submit to the jurisdiction of the district court and irrevocably appoint the clerk of the court as their agent upon whom any papers affecting their liability may be served. Their liability may be enforced on motion without the necessity of an independent action. The motion and such notice of the motion as the court prescribes may be served on the clerk of the court, who shall forthwith mail copies to the obligors to their last known addresses. (4) Remission. After entry of such judgment, the court may remit it in whole or in part under the conditions applying to the setting aside of forfeiture in paragraph (2) of this subdivision. (f) Exoneration. When the condition of the bond has been satisfied or the forfeiture thereof has been set aside or remitted, the court shall exonerate the obligors and release any bail. A surety may be exonerated by a deposit of cash in the amount of the bond or by a timely surrender of the defendant into custody. (g) Supervision of Detention Pending Trial. The court shall exercise supervision over the detention of defendants and witnesses within the district pending trial for the purpose of eliminating all unnecessary detention. The attorney for the government shall make a biweekly report to the court listing each defendant and witness who has been held in custody pending indictment, arraignment or trial for a period in excess of ten days. As to each witness so listed the attorney for the government shall make a statement of the reasons why such witness should not be released with or without the taking of a deposition pursuant to Rule 15(a). As to each defendant so listed the attorney for the government shall make a statement of the reasons why the defendant is still held in custody. (h) Forfeiture of Property. Nothing in this rule or in chapter 207 of title 18, United States Code, shall prevent the court from disposing of any charge by entering an order directing forfeiture of property pursuant to 18 U.S.C. 3142(c)(2)(K) if the value of the property is an amount that would be an appropriate sentence after conviction of the offense charged and if such forfeiture is authorized by statute or regulation. -SOURCE- (As amended Apr. 9, 1956, eff. July 8, 1956; Feb. 28, 1966, eff. July 1, 1966; Apr. 24, 1972, eff. Oct. 1, 1972; Oct. 12, 1984, Pub. L. 98-473, title II, Sec. 209(d), 98 Stat. 1987; Mar. 9, 1987, eff. Aug. 1, 1987.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES Note to Subdivision (a)(1). This rule is substantially a restatement of existing law, 18 U.S.C. 596, 597 (now 3141). Note to Subdivision (a)(2). This rule is substantially a restatement of Rule 6 of Criminal Appeals Rules, with the addition of a reference to bail pending certiorari. This rule does not supersede 18 U.S.C. 682 (now 3731) (Appeals; on behalf of the United States; rules of practice and procedure), which provides for the admission of the defendant to bail on his own recognizance pending an appeal taken by the Government. Note to Subdivision (b). This rule is substantially a restatement of existing law, 28 U.S.C. (former) 657. Note to Subdivision (d). This rule is a restatement of existing practice, and is based in part on 6 U.S.C. 15 (now 31 U.S.C. 9103) (Bonds or notes of United States in lieu of recognizance, stipulation, bond, guaranty, or undertaking; place of deposit; return to depositor; contractors' bonds). Note to Subdivision (e). This rule is similar to Sec. 79 of A.L.I. Code of Criminal Procedure introducing, however, an element of flexibility. Corporate sureties are regulated by 6 U.S.C. 6-14 (now 31 U.S.C. 9304-9308). Note to Subdivision (f). 1. With the exception hereafter noted, this rule is substantially a restatement of existing law in somewhat greater detail than contained in 18 U.S.C. (former) 601 (Remission of penalty of recognizance). 2. Subdivision (f)(2) changes existing law in that it increases the discretion of the court to set aside a forfeiture. The present power of the court is limited to cases in which the defendant's default had not been willful. 3. The second sentence of paragraph (3) is similar to Rule 73(f) of the Federal Rules of Civil Procedure (28 U.S.C., Appendix). This paragraph also substitutes simple motion procedure for enforcing forfeited bail bonds for the procedure by scire facias, which was abolished by Rule 81(b) of the Federal Rules of Civil Procedure. Note to Subdivision (g). This rule is a restatement of existing law and practice. It is based in part on 18 U.S.C. 599 (now 3142) (Surrender by bail). NOTES OF ADVISORY COMMITTEE ON RULES - 1966 AMENDMENT Subdivision (c). - The more inclusive word 'terms' is substituted for 'amount' in view of the amendment to subdivision (d) authorizing releases without security on such conditions as are necessary to insure the appearance of the defendant. The phrase added at the end of this subdivision is designed to encourage commissioners and judges to set the terms of bail so as to eliminate unnecessary detention. See Stack v. Boyle, 342 U.S. 1 (1951); Bandy v. United States, 81 S.Ct. 197 (1960); Bandy v. United States, 82 S.Ct. 11 (1961); Carbo v. United States, 82 S.Ct. 662 (1962); review den. 369 U.S. 868 (1962). Subdivision (d). - The amendments are designed to make possible (and to encourage) the release on bail of a greater percentage of indigent defendants than now are released. To the extent that other considerations make it reasonably likely that the defendant will appear it is both good practice and good economics to release him on bail even though he cannot arrange for cash or bonds in even small amounts. In fact it has been suggested that it may be a denial of constitutional rights to hold indigent prisoners in custody for no other reason than their inability to raise the money for a bond. Bandy v. United States, 81 S.Ct. 197 (1960). The first change authorizes the acceptance as security of a deposit of cash or government securities in an amount less than the face amount of the bond. Since a defendant typically purchases a bail bond for a cash payment of a certain percentage of the face of the bond, a direct deposit with the court of that amount (returnable to the defendant upon his appearance) will often be equally adequate as a deterrent to flight. Cf. Ill.CodeCrim.Proc. Sec. 110-7 (1963). The second change authorizes the release of the defendant without financial security on his written agreement to appear when other deterrents appear reasonably adequate. See the discussion of such deterrents in Bandy v. United States, 81 S.Ct. 197 (1960). It also permits the imposition of nonfinancial conditions as the price of dispensing with security for the bond. Such conditions are commonly used in England. Devin, The Criminal Prosecution in England, 89 (1958). See the suggestion in Note, Bail: An Ancient Practice Reexamined, 70 Yale L.J. 966, 975 (1961) that such conditions '* * * might include release in custody of a third party, such as the accused's employer, minister, attorney, or a private organization; release subject to a duty to report periodically to the court or other public official; or even release subject to a duty to return to jail each night.' Willful failure to appear after forfeiture of bail is a separate criminal offense and hence an added deterrent to flight. 18 U.S.C. Sec. 3146. For full discussion and general approval of the changes made here see Report of the Attorney General's Committee on Poverty and the Administration of Criminal Justice 58-89 (1963). Subdivision (h). - The purpose of this new subdivision is to place upon the court in each district the responsibility for supervising the detention of defendants and witnesses and for eliminating all unnecessary detention. The device of the report by the attorney for the government is used because in many districts defendants will be held in custody in places where the court sits only at infrequent intervals and hence they cannot be brought personally before the court without substantial delay. The magnitude of the problem is suggested by the facts that during the fiscal year ending June 30, 1960, there were 23,811 instances in which persons were held in custody pending trial and that the average length of detention prior to disposition (i.e., dismissal, acquittal, probation, sentence to imprisonment, or any other method of removing the case from the court docket) was 25.3 days. Federal Prisons 1960, table 22, p. 60. Since 27,645 of the 38,855 defendants whose cases were terminated during the fiscal year ending June 30, 1960, pleaded guilty (United States Attorneys Statistical Report, October 1960, p. 1 and table 2), it would appear that the greater part of the detention reported occurs prior to the initial appearance of the defendant before the court. NOTES OF ADVISORY COMMITTEE ON RULES - 1972 AMENDMENT The amendments are intended primarily to bring rule 46 into general conformity with the Bail Reform Act of 1966 and to deal in the rule with some issues not now included within the rule. Subdivision (a) makes explicit that the Bail Reform Act of 1966 controls release on bail prior to trial. 18 U.S.C. Sec. 3146 refers to release of a defendant. 18 U.S.C. Sec. 3149 refers to release of a material witness. Subdivision (b) deals with an issue not dealt with by the Bail Reform Act of 1966 or explicitly in former rule 46, that is, the issue of bail during trial. The rule gives the trial judge discretion to continue the prior conditions of release or to impose such additional conditions as are adequate to insure presence at trial or to insure that his conduct will not obstruct the orderly and expeditious progress of the trial. Subdivision (c) provides for release during the period between a conviction and sentencing and for the giving of a notice of appeal or of the expiration of the time allowed for filing notice of appeal. There are situations in which defense counsel may informally indicate an intention to appeal but not actually give notice of appeal for several days. To deal with this situation the rule makes clear that the district court has authority to release under the terms of 18 U.S.C. Sec. 3148 pending notice of appeal (e.g., during the ten days after entry of judgment; see rule 4(b) of the Rules of Appellate Procedure). After the filing of notice of appeal, release by the district court shall be in accordance with the provisions of rule 9(b) of the Rules of Appellate Procedure. The burden of establishing that grounds for release exist is placed upon the defendant in the view that the fact of conviction justifies retention in custody in situations where doubt exists as to whether a defendant can be safely released pending either sentence or the giving of notice of appeal. Subdivisions (d), (e), (f), and (g) remain unchanged. They were formerly lettered (e), (f), (g), and (h). NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT The amendments are technical. No substantive change is intended. 1984 AMENDMENT Subd. (a). Pub. L. 98-473, Sec. 209(d)(1), substituted 'Sec. 3142 and 3144' for 'Sec. 3146, Sec. 3148, or Sec. 3149'. Subd. (c). Pub. L. 98-473, Sec. 209(d)(2), substituted '3143' for '3148'. Subd. (e)(2). Pub. L. 98-473, Sec. 209(d)(3), substituted 'be set aside in whole or in part upon such conditions as the court may impose, if a person released upon execution of an appearance bond with a surety is subsequently surrendered by the surety into custody or if it otherwise appears that justice does not require the forfeiture' for 'set aside, upon such conditions as the court may impose, if it appears that justice does not require the enforcement of the forfeiture'. Subd. (h). Pub. L. 98-473, Sec. 209(d)(4), added subd. (h). EFFECTIVE DATE OF 1956 AMENDMENT Amendment by Order of April 9, 1956, became effective 90 days thereafter. -CROSS- CROSS REFERENCES Appeal, stay of sentence of imprisonment, see rule 38. Continuation of bail after granting motion to dismiss for defects in institution of prosecution or in indictment or information, pending filing of new indictment or information, see rule 12. Grand jury, secrecy of indictment until bail is given, see rule 6. Obstructing justice by false bail, see section 1506 of this title. Surety bonds - Government obligations instead of surety bonds, see section 9303 of Title 31, Money and Finance. Surety corporations as sureties, see sections 9304 to 9308 of Title 31. Transfer of proceedings from district or division for trial, transmission of bail, see rule 21. Witnesses - Appearance in criminal case, return to clerk of court, see section 3041 of this title. Direction for taking deposition when committed for failure to give bail to appear to testify at trial or hearing, see rule 15. ------DocID 25179 Document 14 of 963------ -CITE- 19 USC Sec. 46, 47 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 46, 47. Repealed. Feb. 28, 1933, ch. 131, Sec. 1, 47 Stat. 1349 -MISC1- Sections, R.S. Sec. 2644 and 2645, respectively, related to rendition of monthly and quarterly estimates and accounts of certain collectors. ------DocID 26095 Document 15 of 963------ -CITE- 20 USC Sec. 46 -EXPCITE- TITLE 20 CHAPTER 3 SUBCHAPTER I -HEAD- Sec. 46. Duties of Secretary -STATUTE- The Secretary of the Board of Regents shall take charge of the building and property of the institution, and shall, under their direction, make a fair and accurate record of all their proceedings, to be preserved in the institution until no longer needed in conducting current business; and shall also discharge the duties of librarian and of keeper of the museum, and may, with the consent of the Board of Regents, employ assistants. -SOURCE- (R.S. Sec. 5583; Oct. 25, 1951, ch. 562, Sec. 2(4), 65 Stat. 639.) -COD- CODIFICATION R.S. Sec. 5583 derived from act Aug. 10, 1846, ch. 178, Sec. 7, 9 Stat. 105. -MISC3- AMENDMENTS 1951 - Act Oct. 25, 1951, inserted 'until no longer needed in conducting current business'. -CROSS- CROSS REFERENCES Management and disposition of records, see sections 2101 et seq., 2301 et seq., 2501 et seq., 2901 et seq., 3101 et seq., and 3301 et seq. of Title 44, Public Printing and Documents. Statement of expenditures, see section 49 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 57, 67 of this title. ------DocID 27484 Document 16 of 963------ -CITE- 20 USC CHAPTER 46 -EXPCITE- TITLE 20 CHAPTER 46 -HEAD- CHAPTER 46 - CAREER EDUCATION INCENTIVE -MISC1- Sec. 2601 to 2614. Repealed or Omitted. ------DocID 28271 Document 17 of 963------ -CITE- 21 USC Sec. 46 -EXPCITE- TITLE 21 CHAPTER 2 -HEAD- Sec. 46. Examiners; examination according to usages of trade -STATUTE- The examination provided for by this chapter shall be made by a duly qualified examiner at a port where standard samples are established, and where the merchandise is entered at ports where there is no qualified examiner, the examination shall be made at that one of said ports which is nearest the port of entry, and that for this purpose samples of the merchandise, obtained in the manner prescribed by section 44 of this title, shall be forwarded to the proper port by the collector or chief officer at the port of entry. In all cases of examination or reexamination of teas, or merchandise described as tea, by examiners or the United States Board of Tea Appeals under the provisions of this chapter, the purity, quality, and fitness for consumption of the same shall be tested according to the usages and customs of the tea trade, including the testing of an infusion of the same in boiling water and, if necessary, chemical analysis. -SOURCE- (Mar. 2, 1897, ch. 358, Sec. 7, 29 Stat. 606; May 31, 1920, ch. 217, 41 Stat. 712, 713.) -TRANS- TRANSFER OF FUNCTIONS For abolition of the offices of collector of customs, see note set out under section 44 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 44 of this title. ------DocID 30663 Document 18 of 963------ -CITE- 22 USC CHAPTER 46 -EXPCITE- TITLE 22 CHAPTER 46 -HEAD- CHAPTER 46 - INTERNATIONAL INVESTMENT AND TRADE IN SERVICES SURVEY -MISC1- Sec. 3101. Congressional statement of findings and declaration of purpose. (a) Findings. (b) Purpose. (c) Nonrestraint and nondeterrence of investment. 3102. Definitions. 3103. Presidential authority and duties. (a) Data collection program; studies and surveys; periodic report to Congressional committees; statistical information publication. (b) Benchmark survey of United States direct investment abroad and foreign direct investment in United States. (c) Benchmark survey of foreign portfolio investment in United States and United States portfolio investment abroad; report to Congress. (d) Foreign agricultural and real property investment and land data system: study; submittal of findings and conclusions to Congress. (e) Report on cost of monitoring and compiling data on legislation enacted by foreign nations regulating and restricting foreign inward investment. (f) Reporting, recordkeeping, and documentation. (g) Costs for collecting information. (h) Bureau of Economic Analysis report. 3104. Rules and regulations. (a) Authorization. (b) Recordkeeping and reports. (c) Access to information; limitation. (d) Access to Bureau of Economic Analysis information. (e) Penalty. 3105. Enforcement. (a) Civil penalty for failure to furnish information. (b) Civil action for failure to furnish information. (c) Criminal penalty for failure to submit information. 3106. Use of experts and administrative support services. (a) Compensation and travel expenses. (b) Use of available Federal agency services, equipment, personnel, and facilities. 3107. Consultations; creation of independent public advisory committees. 3108. Authorization of appropriations. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 3142, 3144 of this title; title 13 section 401. ------DocID 31718 Document 19 of 963------ -CITE- 25 USC Sec. 46 -EXPCITE- TITLE 25 CHAPTER 2 -HEAD- Sec. 46. Preference to Indians in employment of clerical, mechanical, and other help -STATUTE- Preference shall at all times, as far as practicable, be given to Indians in the employment of clerical, mechanical, and other help on reservations and about agencies. -SOURCE- (May 17, 1882, ch. 163, Sec. 6, 22 Stat. 88; July 4, 1884, ch. 180, Sec. 6, 23 Stat. 97.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -CROSS- CROSS REFERENCES Indian schools, employment of Indians where practicable, see section 274 of this title. Purchases from Indian manual and training schools when advantageous, see section 104 of this title. Standards for Indians appointed to office, see section 472 of this title. ------DocID 33568 Document 20 of 963------ -CITE- 26 USC Sec. 46 -EXPCITE- TITLE 26 Subtitle A CHAPTER 1 Subchapter A PART IV Subpart E -HEAD- Sec. 46. Amount of credit -STATUTE- For purposes of section 38, the amount of the investment credit determined under this section for any taxable year shall be the sum of - (1) the rehabilitation credit, (2) the energy credit, and (3) the reforestation credit. -SOURCE- (Added Pub. L. 87-834, Sec. 2(b), Oct. 16, 1962, 76 Stat. 963, and amended Pub. L. 88-272, title II, Sec. 201(d)(4), Feb. 26, 1964, 78 Stat. 32; Pub. L. 89-384, Sec. 1(c)(1), Apr. 8, 1966, 80 Stat. 102; Pub. L. 89-389, Sec. 2(b)(5), Apr. 14, 1966, 80 Stat. 114; Pub. L. 89-800, Sec. 3, Nov. 8, 1966, 80 Stat. 1514; Pub. L. 90-225, Sec. 2(a), Dec. 27, 1967, 81 Stat. 731; Pub. L. 91-172, title III, Sec. 301(b)(4), title IV, Sec. 401(e)(1), title VII, Sec. 703(b), Dec. 30, 1969, 83 Stat. 585, 603, 666; Pub. L. 92-178, title I, Sec. 102(a)(1), (b), 105(a)-(c), 106(a)-(c), 107(a)(1), 108(a), Dec. 10, 1971, 85 Stat. 499, 503, 506, 507; Pub. L. 93-406, title II, Sec. 2001(g)(2)(B), 2002(g)(2), 2005(c)(4), Sept. 2, 1974, 88 Stat. 957, 968, 991; Pub. L. 94-12, title III, Sec. 301(a), (b)(1)-(3), 302(a), (b)(1), Mar. 29, 1975, 89 Stat. 36, 37, 40, 43; Pub. L. 94-455, title V, Sec. 503(b)(4), title VIII, Sec. 802(a), (b)(1)-(5), 803(a), (b)(1), 805(a), title XVI, Sec. 1607(b)(1)(B), title XVII, Sec. 1701(b), 1703, title XIX, Sec. 1901(a)(4), (b)(1)(C), 1906(b)(13)(A), title XXI, Sec. 2112(a)(2), Oct. 4, 1976, 90 Stat. 1562, 1580-1583, 1596, 1756, 1759, 1761, 1764, 1790, 1834, 1905; Pub. L. 95-600, title I, Sec. 141(e), (f)(2), title III, Sec. 311(a), (c), 312(a), (b), (c)(2), 313(a), 316(a), (b)(1), (2), title VII, Sec. 703(a)(1), (2), (j)(9), Nov. 6, 1978, 92 Stat. 2794, 2795, 2824-2826, 2829, 2939, 2941; Pub. L. 95-618, title II, Sec. 241(a), title III, Sec. 301(a), (c)(1), Nov. 9, 1978, 92 Stat. 3192, 3194, 3199; Pub. L. 96-222, title I, Sec. 101(a)(7)(A), (L)(iii)(I), (v)(I), (M)(i), 103(a)(2)(A), (B)(i)-(iii), (3), (4)(A), 107(a)(3)(A), Apr. 1, 1980, 94 Stat. 197, 200, 201, 208, 209, 223; Pub. L. 96-223, title II, Sec. 221(a), 222(e)(2), 223(b)(1), Apr. 2, 1980, 94 Stat. 260, 263, 266; Pub. L. 97-34, title II, Sec. 207(c)(1), 211(a)(1), (b), (d), (e)(1), (2), (f)(1), 212(a)(1), (2), title III, Sec. 302(c)(3), (d)(1), 332(a), Aug. 13, 1981, 95 Stat. 225, 227-229, 235, 236, 272, 274, 296; Pub. L. 97-248, title II, Sec. 201(d)(8)(A), formerly Sec. 201(c)(8)(A), Sec. 205(b), 265(b)(2)(A)(i), Sept. 3, 1982, 96 Stat. 420, 430, 547, redesignated Pub. L. 97-448, title III, Sec. 306(a)(1)(A)(i), Jan. 12, 1983, 96 Stat. 2400; Pub. L. 97-354, Sec. 5(a)(4)-(6), Oct. 19, 1982, 96 Stat. 1692; Pub. L. 97-424, title V, Sec. 541(b), 546(b), Jan. 6, 1983, 96 Stat. 2192, 2199; Pub. L. 97-448, title I, Sec. 102(e)(1), (f)(5), title II, Sec. 202(f), Jan. 12, 1983, 96 Stat. 2370, 2372, 2396; Pub. L. 98-21, title I, Sec. 122(c)(1), Apr. 20, 1983, 97 Stat. 87; Pub. L. 98-369, div. A, title I, Sec. 16(a), 31(f), 113(b)(2)(B), title IV, Sec. 431(a), (b)(1), (d)(1)-(3), 474(o)(1)-(7), title VII, Sec. 713(c)(1)(C), July 18, 1984, 98 Stat. 505, 521, 637, 805, 807, 810, 834-836, 957; Pub. L. 99-514, title II, Sec. 201(d)(7)(B), 251(a), title IV, Sec. 421(a), (b), title XVIII, Sec. 1802(a)(6), (8), 1844(a), (b)(3), (5), 1847(b)(11), 1848(a), Oct. 22, 1986, 100 Stat. 2141, 2183, 2229, 2789, 2855, 2857; Pub. L. 100-647, title I, Sec. 1002(a)(4), (15), (17), (25), 1009(a)(1), 1013(a)(44), title IV, Sec. 4006, Nov. 10, 1988, 102 Stat. 3353, 3355, 3356, 3445, 3545, 3652; Pub. L. 101-239, title VII, Sec. 7106, 7814(d), Dec. 19, 1989, 103 Stat. 2306, 2413; Pub. L. 101-508, title XI, Sec. 11406, 11813(a), Nov. 5, 1990, 104 Stat. 1388-474, 1388-536.) -MISC1- AMENDMENTS 1990 - Pub. L. 101-508, Sec. 11813(a), amended section generally, substituting present provisions for provisions relating to amount of investment credit, determination of percentages, qualified investments and qualified progress expenditures, limitations with respect to certain persons, a limitation in the case of certain regulated companies, a 50 percent credit in the case of certain vessels, and special rule for cooperatives. Subsec. (b)(2)(A). Pub. L. 101-508, Sec. 11406, substituted 'Dec. 31, 1991' for 'Sept. 30, 1990' in table items (viii) C. and (ix) B. 1989 - Subsec. (b)(2)(A). Pub. L. 101-239, Sec. 7106, substituted 'Sept. 30, 1990' for 'Dec. 31, 1989' in table items (viii) C., (ix) B., and (x). Pub. L. 101-239, Sec. 7814(d), made technical correction to language of Pub. L. 100-647, Sec. 4006, see 1988 Amendment note below. 1988 - Subsec. (b)(2)(A). Pub. L. 100-647, Sec. 4006, as amended by Pub. L. 101-239, Sec. 7814(d), substituted '1989' for '1988' in table items (viii) C., (ix) B., and (x). Subsec. (c)(5)(B). Pub. L. 100-647, Sec. 1013(a)(44), substututed 'private activity bonds' for 'industrial development bonds' in heading, and in text substituted 'a private activity bond (within the meaning of section 141)' for 'an industrial development bond (within the meaning of section 103(b)(2))'. Subsec. (c)(7). Pub. L. 100-647, Sec. 1002(a)(17), substituted 'property to which section 168 applies' for 'recovery property' in heading, substituted 'property to which section 168 applies' for 'recovery property' and '168(e)' for '168(c)' in subpar. (A), substituted '168(e)' for '168(c)' in subpar. (B), and inserted '(as in effect on the day before the date of the enactment of the Tax Reform Act of 1986)' after 'section 168(f)(3)(B)' in concluding provisions. Subsec. (d)(1)(B)(i). Pub. L. 100-647, Sec. 1002(a)(25)(A), substituted 'property to which section 168 applies' for 'recovery property (within the meaning of section 168)'. Subsec. (d)(1)(B)(ii). Pub. L. 100-647, Sec. 1002(a)(25)(B), substituted 'to which section 168 does not apply' for 'which is not recovery property (within the meaning of section 168)'. Subsec. (e)(3). Pub. L. 100-647, Sec. 1002(a)(15), substituted 'property to which section 168 applies' for 'recovery property (within the meaning of section 168)', 'class life' for 'present class life', and '168(i)(1)' for '168(g)(2)'. Subsec. (e)(4)(B). Pub. L. 100-647, Sec. 1002(a)(4)(A), substituted '168(i)(3)' for '168(j)(6)'. Subsec. (e)(4)(C). Pub. L. 100-647, Sec. 1009(a)(1), inserted provisions at end which provided that any such election shall terminate effective with respect to the 1st taxable year of the organization making such election which begins after 1986, and which defined 'regular investment tax credit property'. Subsec. (e)(4)(D). Pub. L. 100-647, Sec. 1002(a)(4)(B), substituted 'paragraphs (5) and (6) of section 168(h)' for 'paragraphs (8) and (9) of section 168(j)'. Subsec. (e)(4)(E). Pub. L. 100-647, Sec. 1002(a)(4)(C), (D), substituted '168(h)' for '168(j)' and '168(h)(2)' for '168(j)(4)'. 1986 - Subsec. (b)(2)(A). Pub. L. 99-514, Sec. 1847(b)(11), substituted '48(l)(3)(A)(viii)' for '48(l)(3)(A)(vii)' in table item (ii). Pub. L. 99-514, Sec. 421(a), inserted table items (viii) to (xi). Subsec. (b)(2)(E). Pub. L. 99-514, Sec. 421(b), added subpar. (E). Subsec. (b)(4). Pub. L. 99-514, Sec. 251(a), in amending par. (4) generally, substituted in subpar. (A) definition of 'rehabilitation percentage' for former table specifying specific rehabilitation percentages, reenacted subpar. (B), and struck out subpar. (C) which related to definitions. Subsec. (c)(8)(D)(v). Pub. L. 99-514, Sec. 1844(a), substituted 'this subparagraph' for 'clause (i)'. Pub. L. 99-514, Sec. 201(d)(7)(B), substituted 'section 465(b)(3)(C)' for 'section 168(e)(4)'. Subsec. (c)(9)(A). Pub. L. 99-514, Sec. 1844(b)(3), substituted 'an increase in the credit base for' for 'additional qualified investment in'. Subsec. (c)(9)(C)(i). Pub. L. 99-514, Sec. 1844(b)(5), substituted 'any increase in a taxpayer's credit base for any property by reason of this paragraph shall be taken into account as if it were property placed in service by the taxpayer in the taxable year in which the property referred to in subparagraph (A) was first placed in service' for 'any increase in a taxpayer's qualified investment in property by reason of this paragraph shall be deemed to be additional qualified investment made by the taxpayer in the year in which the property referred to in subparagraph (A) was first placed in service'. Subsec. (e)(4)(D), (E). Pub. L. 99-514, Sec. 1802(a)(6), (8), added subpars. (D) and (E). Subsec. (f)(9). Pub. L. 99-514, Sec. 1848(a), struck out par. (9) which related to a special rule for additional credit. 1984 - Subsec. (a). Pub. L. 98-369, Sec. 474(o)(1), amended subsec. (a) generally, so as to contain provisions relating to amount of investment credit, which formerly constituted only par. (2)(A)(i), (ii), and (iv) of subsec. (a). Subsec. (a)(4). Pub. L. 98-369, Sec. 713(c)(1)(C), substituted 'premature distributions to key employees' for 'premature distributions to owner-employees'. Subsec. (b). Pub. L. 98-369, Sec. 474(o)(1), amended subsec. (b) generally, substituting provisions relating to determination of percentages for purposes of subsec. (a), for provisions relating to carryback and carryover of unused credits. Subsec. (c)(7)(A). Pub. L. 98-369, Sec. 13(b)(2)(B), inserted 'recovery' before first reference to 'property'. Subsec. (c)(8). Pub. L. 98-369, Sec. 431(a), substituted 'Certain nonrecourse financing excluded from credit base' for 'Limitation to amount at risk' in heading. Subsec. (c)(8)(A). Pub. L. 98-369, Sec. 431(a), substituted provisions reducing the credit base of any property to which this paragraph applies by the nonqualified nonrecourse financing with respect to such property for provisions relating to limitation of the basis to the amount at risk in the case of new or used section 38 property placed in service during the taxable year by a taxpayer described in section 465(a)(1) and used in connection with an activity with respect to which any loss was subject to limitation under section 465. Subsec. (c)(8)(B). Pub. L. 98-369, Sec. 431(a), substituted provisions relating to the property to which this paragraph applies for provisions defining 'at risk' and stating the circumstances under which a taxpayer would be considered to be at risk for purposes of this paragraph. Subsec. (c)(8)(C). Pub. L. 98-369, Sec. 431(a), substituted provisions defining 'credit base' for provisions relating to a special rule for partnerships and subchapter S corporations. Subsec. (c)(8)(D). Pub. L. 98-369, Sec. 431(a), substituted provisions defining 'nonqualified nonrecourse financing' for provisions defining 'qualified person'. Subsec. (c)(8)(D)(i)(I). Pub. L. 98-369, Sec. 16(a), repealed amendments made by Pub. L. 97-34, Sec. 302(c). See 1981 Amendment note below. Subsec. (c)(8)(E). Pub. L. 98-369, Sec. 431(a), substituted provisions relating to the application of this paragraph to partnerships and subchapter S corporations for provisions defining 'related person'. Subsec. (c)(8)(F)(i). Pub. L. 98-369, Sec. 431(d)(1), substituted provisions that subpar. (A) shall not apply with respect to qualified energy property for provisions that subpar. (A) would not apply to amounts borrowed with respect to qualified energy property (other than amounts described in subpar. (B)). Subsec. (c)(8)(F)(ii)(II). Pub. L. 98-369, Sec. 474(o)(2), substituted 'subsection (b)(2)' for 'section 46(a)(2)(C)'. Subsec. (c)(8)(F)(ii)(III). Pub. L. 98-369, Sec. 431(d)(2), substituted provisions that qualified energy property means energy property to which (but for this subpar.) subpar. (A) applies and not more than 75 percent of the basis of which is attributable to nonqualified nonrecourse financing for provisions that qualified energy property meant energy property to which (but for this subpar.) subpar. (A) applied and with respect to which the taxpayer was at risk (within the meaning of section 465(b) without regard to par. (5) thereof) in an amount equal to at least 25 percent of the basis of the property. Subsec. (c)(8)(F)(ii)(IV). Pub. L. 98-369, Sec. 431(d)(3), substituted 'nonqualified nonrecourse financing' for 'nonrecourse financing (other than financing described in section 46(c)(8)(B)(ii))'. Subsec. (c)(9). Pub. L. 98-369, Sec. 431(b)(1), substituted provisions relating to subsequent decreases in nonqualified nonrecourse financing with respect to the property for provisions relating to subsequent increases in the taxpayer's amount at risk with respect to the property. Subsec. (e)(1). Pub. L. 98-369, Sec. 474(o)(3)(A), struck out 'and the $25,000 amount specified under subparagraphs (A) and (B) of subsection (a)(3)', and substituted 'such qualified investment' for 'such items', in provisions following subpar. (B). Subsec. (e)(2). Pub. L. 98-369, Sec. 474(o)(3)(B), substituted 'qualified investment' for 'the items described therein' in introductory provisions. Subsec. (e)(4). Pub. L. 98-369, Sec. 31(b), added par. (4). Subsec. (f)(1). Pub. L. 98-369, Sec. 474(o)(4)(A), substituted 'no credit determined under subsection (a) shall be allowed by section 38' for 'no credit shall be allowed by section 38' in introductory provisions. Subsec. (f)(1)(A), (B). Pub. L. 98-369, Sec. 474(o)(4)(B), substituted 'the credit determined under subsection (a) and allowable by section 38' for 'the credit allowable by section 38'. Subsec. (f)(2). Pub. L. 98-369, Sec. 474(o)(4)(A), substituted 'no credit determined under subsection (a) shall be allowed by section 38' for 'no credit shall be allowed by section 38' in introductory provisions. Subsec. (f)(2)(A), (B). Pub. L. 98-369, Sec. 474(o)(4)(B), substituted 'the credit determined under subsection (a) and allowable by section 38' for 'the credit allowable by section 38'. Subsec. (f)(4)(B). Pub. L. 98-369, Sec. 474(o)(4)(C), substituted 'the credit determined under subsection (a) and allowed by section 38' for 'the credit allowed by section 38' in introductory provisions. Subsec. (f)(8). Pub. L. 98-369, Sec. 474(o)(5), substituted 'the credit determined under subsection (a) and allowable under section 38' for 'the credit allowable under section 38' in two places, and '(within the meaning of the first sentence of subsection (c)(3)(B))' for '(within the meaning of subsection (a)(7)(C))'. Subsec. (g)(2). Pub. L. 98-369, Sec. 474(o)(6), substituted 'the limitation of section 38(c)' for 'the limitation of subsection (a)(3)'. Subsec. (h)(1). Pub. L. 98-369, Sec. 474(o)(7), substituted 'the credit determined under subsection (a) and allowable to the organization under section 38' for 'the credit allowable to the organization under section 38' and 'the limitation contained in section 38(c)' for 'the limitation contained in subsection (a)(3)'. 1983 - Subsec. (a)(2)(C)(i). Pub. L. 97-424, Sec. 546(b), added section VII to the table. Subsec. (a)(2)(C)(iii)(I). Pub. L. 97-448, Sec. 202(f), substituted 'before January 1, 1983, all engineering studies in connection with the commencement of the construction of the project have been completed and all environmental and construction permits required under Federal, State, or local law in connection with the commencement of the construction of the project have been applied for, and' for 'before January 1, 1983, the taxpayer has completed all engineering studies in connection with the commencement of the construction of the project, and has applied for all environmental and construction permits required under Federal, State, or local law in connection with the commencement of the construction of the project, and'. Subsec. (a)(2)(F)(iii)(II). Pub. L. 97-448, Sec. 102(f)(5)(A), substituted 'a qualified rehabilitated building' for 'any building'. Subsec. (a)(2)(F)(iii)(III). Pub. L. 97-448, Sec. 102(f)(5)(B), substituted 'means a qualified rehabilitated building which meets the requirements of section 48(g)(3)' for 'has the meaning given to such term by section 48(g)(3)'. Subsec. (a)(4)(B). Pub. L. 98-21 substituted 'relating to credit for the elderly and the permanently and totally disabled' for 'relating to credit for the elderly'. Subsec. (c)(7). Pub. L. 97-448, Sec. 102(e)(1), substituted 'in the case of property other than 3-year property (within the meaning of section 168(c))' for 'in the case of 15-year public utility, 10-year, or 5-year property (within the meaning of section 168(c))' in subpar. (A) and, in provisions following subpar. (B), substituted 'shall be treated as property which is not 3-year property' for 'shall be treated as 5-year property'. Subsec. (f)(10). Pub. L. 97-424, Sec. 541(b), added par. (10). 1982 - Subsec. (a)(3)(B). Pub. L. 97-248, Sec. 205(b)(1), substituted '85 percent' for 'the following percentage', substituted a period for the colon, and struck out table of percentages at end of subpar. (B). Subsec. (a)(4). Pub. L. 97-354, Sec. 5(a)(4), substituted 'section 1374 (relating to tax on certain capital gains of S corporations)' for 'section 1378 (relating to tax on certain capital gains of subchapter S corporations)'. Pub. L. 97-248, Sec. 201(d)(8)(A), formerly 201(c)(8)(A), 265(b)(2)(A), substituted '(relating to corporate minimum tax)' for '(relating to minimum tax for tax preferences)' after 'section 56', and inserted 'section 72(q)(1) (relating to 5-percent tax on premature distributions under annuity contracts),' after 'owner-employees)'. Subsec. (a)(7). Pub. L. 97-248, Sec. 205(b)(2), redesignated par. (9) as (7), and, in par. (7)(B), as so redesignated, substituted reference to 85 percent for former reference to the percentage determined under subsec. (a)(3)(B) in cl. (i), struck out former cl. (ii), which provided that pars. (7) and (8) would not apply in certain instances, and redesignated former cl. (iii) as (ii). Former par. (7), which provided for alternative limitations in the case of certain utilities, was struck out. Subsec. (a)(8). Pub. L. 97-248, Sec. 205(b)(2)(A), struck out par. (8) which provided for alternative limitations in the case of certain railroads and airlines. Subsec. (a)(9). Pub. L. 97-248, Sec. 205(b)(2)(A), redesignated par. (9) as (7). Subsec. (c)(8)(C). Pub. L. 97-354, Sec. 5(a)(5), substituted 'S corporation' for 'electing small business corporation (within the meaning of section 1371(b))'. Subsec. (e)(3). Pub. L. 97-354, Sec. 5(a)(6), substituted 'an S corporation' for 'an electing small business corporation (as defined in section 1371)'. 1981 - Subsec. (a)(2)(A)(iv). Pub. L. 97-34, Sec. 212(a)(1), added cl. (iv). Subsec. (a)(2)(E). Pub. L. 97-34, Sec. 332(a), substituted 'December 31, 1982' for 'December 31, 1983' in cls. (i) and (ii) and added cl. (iii). Subsec. (a)(2)(F). Pub. L. 97-34, Sec. 212(a)(2), added subpar. (F). Subsec. (b)(1). Pub. L. 97-34, Sec. 207(c)(1), inserted provision after subpar. (D) directing that, in the case of an unused credit for an unused credit year ending after Dec. 31, 1973, this paragraph be applied by substituting '15' for '7' in subpar. (B) and by substituting '18' for '10' and '17' for '9' in second sentence. Subsec. (c)(2). Pub. L. 97-34, Sec. 211(e)(1), inserted references in provisions preceding table to exceptions provided in paragraphs (3), (6), and (7). Subsec. (c)(6)(A). Pub. L. 97-34, Sec. 211(e)(2), substituted 'Notwithstanding paragraph (2) or (3)' for 'Notwithstanding paragraph (2)' and inserted 'or which is recovery property (within the meaning of section 168),' after '3 years or more,'. Subsec. (c)(7). Pub. L. 97-34, Sec. 211(a)(1), added par. (7). Subsec. (c)(8). Pub. L. 97-34, Sec. 211(f)(1), added par. (8). Subsec. (c)(8)(D)(i)(I). Pub. L. 97-34, Sec. 302(c)(3), (d)(1), provided that, applicable to taxable years beginning after Dec. 31, 1984, subsection (c)(8)(D)(i)(I) of this section (relating to limitation to amount at risk) is amended by striking out 'clause (i), (ii), or (iii) of subparagraph (A) or subparagraph (B) of section 128(c)(2)' and inserting in lieu thereof 'subparagraph (A) or (B) of section 128(c)(1)'. Section 16(a) of Pub. L. 98-369, repealed section 302(c) of Pub. L. 97-34, and provided that this title shall be applied and administered as if section 302(c), and the amendments made by section 302(c), had not been enacted. Subsec. (c)(9). Pub. L. 97-34, Sec. 211(f)(1), added par. (9). Subsec. (d)(1). Pub. L. 97-34, Sec. 211(b)(1), designated existing provisions as subpar. (A), substituted 'an amount equal to the aggregate of the applicable percentage of each qualified progress expenditure for the taxable year' for 'an amount equal to his aggregate qualified progress expenditures for the taxable year' in subpar. (A) as so designated, and added subpar. (B). Subsec. (d)(2)(A)(ii). Pub. L. 97-34, Sec. 211(b)(2), struck out 'having a useful life of 7 years or more' after 'it is reasonable to believe will be new section 38 property'. Subsec. (e)(3). Pub. L. 97-34, Sec. 211(d), in provisions following subpar. (B), inserted provision that, for purposes of subpar. (B), in the case of any recovery property (within the meaning of section 168), the useful life be the present class life for such property (as defined in section 168(g)(2)). 1980 - Subsec. (a)(2)(A). Pub. L. 96-222, Sec. 101(a)(7)(L)(iii)(I), substituted 'employee plan' for 'ESOP'. Subsec. (a)(2)(C). Pub. L. 96-223, Sec. 221(a), revised provisions relating to energy percentage by substituting a tabular format embracing separate coverage for solar, wind, or geothermal property, ocean thermal property, qualified hydroelectric generating property, and biomass property using percentages varying between 10 and 15 percent and covering periods from Oct. 1, 1978, to Dec. 31, 1985, with longer periods for certain long-term projects and certain hydroelectric generating property for provisions that had set the energy percentage at 10 percent for the period beginning Oct. 1, 1978, and ending Dec. 31, 1982, and zero with respect to any other period. Subsec. (a)(2)(D). Pub. L. 96-223, Sec. 222(e)(2), inserted provision that in the case of any qualified hydroelectric generating property which is a fish passageway, the special rule for certain energy property embraced in the first sentence would not apply to any period after 1979 for which the energy percentage for such property is greater than zero. Subsec. (a)(2)(E). Pub. L. 96-222, Sec. 101(a)(7)(L)(v)(I), (M)(i), substituted in heading 'employee plan' for 'ESOP' and in cls. (i) and (ii) inserted 'and ending on' before 'December 31, 1983'. Subsec. (a)(9). Pub. L. 96-222, Sec. 103(a)(2)(B)(i), redesignated par. (10) as (9). A former par. (9) was previously repealed by section 312(b)(2) of Pub. L. 95-600. Subsec. (a)(9)(A). Pub. L. 96-223, Sec. 223(b)(1)(A), inserted 'and' at end of cl. (i), substituted a period for '(other than solar wind energy property), and' at end of cl. (ii), and struck out cl. (iii) which had provided for the application of so much of the credit allowed by section 38 as was attributable to the application of the energy percentage to solar or wind energy property. Subsec. (a)(9)(B). Pub. L. 96-223. Sec. 223(b)(1)(B), struck out 'other than solar or wind energy property' after 'energy property' in heading. Pub. L. 96-222, Sec. 103(a)(2)(B)(ii), (iii), substituted 'paragraph (3)(B) shall be applied by substituting '100 percent' for the percentage determined under the table contained in such paragraph' for 'paragraph (3)(C) shall be applied by substituting '100 percent' for '50 percent' ' in cl. (i) and '(7) and (8)' for '(7), (8), and (9)' in cl. (ii). Subsec. (a)(9)(C). Pub. L. 96-223, Sec. 223(b)(1)(C), struck out subpar. (C) which related to a refundable credit for solar or wind energy property. Subsec. (a)(10). Pub. L. 96-222, Sec. 103(a)(2)(B)(i), redesignated par. (10) as (9). Subsec. (c)(5)(B). Pub. L. 96-222, Sec. 103(a)(3), inserted provisions requiring that this subparagraph not apply for purposes of applying the energy percentage. Subsec. (e)(3). Pub. L. 96-222, Sec. 103(a)(4)(A), inserted provisions requiring that this paragraph not apply with respect to any property which is treated as section 38 property by reason of section 48(a)(1)(E). Subsec. (f)(1), (2). Pub. L. 95-600, Sec. 312(c)(2), as amended by Pub. L. 96-222, Sec. 103(a)(2)(A), substituted ' 'described in section 50 (as in effect before its repeal by the Revenue Act of 1978)' ' for ' 'described in section 50' '. Subsec. (f)(8). Pub. L. 96-222, Sec. 107(a)(3)(A), substituted 'subsection (a)(7)(C)' for 'subsection (a)(7)(D)'. Subsec. (f)(9). Pub. L. 96-222, Sec. 101(a)(7)(A), substituted in provisions preceding subpar. (A) 'subparagraph (E) of subsection (a)(2)' for 'subparagraph (B) of subsection (a)(2)' and in subpar. (A) 'a tax credit employee stock ownership plan which meets the requirements of section 409A' for 'an employee ownership plan which meets the requirements of section 301(d) of the Tax Reduction Act of 1975'. 1978 - Subsec. (a)(2). Pub. L. 95-618, Sec. 301(a)(1), among other changes, inserted provisions relating to an alternative energy property tax credit which would pay for a certain percentage of the cost of equipment which uses sources of energy other than oil and gas and of associated pollution control, handling, and preparation equipment. Subsec. (a)(2)(B). Pub. L. 95-600, Sec. 311(a), made 10 percent limitation on investment tax credit permanent. Subsec. (a)(2)(E). Pub. L. 95-600, Sec. 141(e), (f)(2), substituted 'December 31, 1983' for 'and ending on December 31, 1980' wherever appearing, 'section 48(n)(1)(B)' for 'section 301(e) of the Tax Reduction Act of 1975' and 'section 409A' for 'section 301(d) of the Tax Reduction Act of 1975'. Subsec. (a)(3). Pub. L. 95-600, Sec. 312(a), increased the present 50 percent tax liability limitation to 90 percent, to be phased in at an additional 10 percentage points per year beginning with taxable years which end in 1979. Subsec. (a)(7). Pub. L. 95-600, Sec. 312(b)(1), in subpar. (A) substituted 'the taxable year ending in 1979' for 'a taxable year ending after calendar year 1974 and before calendar year 1981', 'subparagraph (B)' for 'subparagraph (C)', and 'for '60 percent' the taxpayer's' for 'for 50 percent his' and inserted 'the application of this paragraph results in a percentage higher than 60 percent,' before 'then subparagraph (B)'; in subpar. (B) substituted '70 percent' for '50 percent plus the tentative percentage for such year'; struck out former subpar. (C), which related to the determination of the tentative percentage, and redesignated former subpar. (D) as (C). Subsec. (a)(8). Pub. L. 95-600, Sec. 312(b)(2), in subpar. (A) substituted 'the taxable year ending in 1979' for 'a taxable year ending after calendar year 1976, and before calendar year 1983', 'subparagraph (B)' for 'subparagraph (C)', and 'for '60 percent' ('70 percent' in the case of a taxable year ending in 1980) the taxpayer's' for 'for 50 percent his' and inserted reference to airline property and 'the application of this paragraph results in a percentage higher than 60 percent (70 percent in the case of a taxable year ending in 1980),' before 'then subparagraph (B)'; in subpar. (B) inserted reference to airline property and substituted '90 percent (80 percent in the case of a taxable year ending in 1980)' for '50 percent plus the tentative percentage for such year'; in subpar. (C) table struck out tentative percentage of 50 for 1977 or 1978, 20 for 1981, and 10 for 1982; and added subpar. (E). Subsec. (a)(9). Pub. L. 95-600, Sec. 312(b)(2), struck out par. (9) which related to the alternative limitation in the case of certain airlines. Subsec. (a)(10). Pub. L. 95-618, Sec. 301(c)(1), added par. (10). Subsec. (c)(3)(A). Pub. L. 95-618, Sec. 301(a)(2)(A), substituted 'For the period beginning on January 1, 1981, in the case of any property' for 'To the extent that subsection (a)(2)(C) applies to property' and inserted provisions that the preceding sentence not apply for purposes of applying the energy percentage. See Codification note above. Pub. L. 95-600, Sec. 311(c)(1), substituted 'To the extent that the credit allowed by section 38 with respect to any public utility property is determined at the rate of 7 percent' for 'For the period beginning on January 1, 1981'. See Codification note above. Subsec. (c)(5). Pub. L. 95-600, Sec. 313(a), increased the investment credit available to pollution control facilities which a taxpayer has elected to amortize over a five-year period to a full investment credit from a one-half investment credit. Subsec. (c)(6). Pub. L. 95-618, Sec. 241(a), added par. (6). Subsec. (e)(1)(C). Pub. L. 95-600, Sec. 316(b)(1), struck out subpar. (C) which related to a cooperative organization described in section 1381(a). Subsec. (e)(2)(C). Pub. L. 95-600, Sec. 316(b)(2), struck out subpar. (C) which related to a cooperative organization. Subsec. (f)(1), (2). Pub. L. 95-600, Sec. 312(c)(2), struck out 'described in section 50' after 'with respect to any property'. See 1980 Amendment note above. Subsec. (f)(8). Pub. L. 95-618, Sec. 301(a)(2)(B), substituted ', the Tax Reform Act of 1976, and the Energy Tax Act of 1978' for 'and the Tax Reform Act of 1976'. See Codification note above. Pub. L. 95-600, Sec. 311(c)(2), 703(a)(1), substituted 'subsection (a)(7)(D)' for 'subsection (a)(6)(D)' and inserted reference to the Revenue Act of 1978. See Codification note above. Subsec. (g)(5). Pub. L. 95-600, Sec. 703(a)(2), substituted 'Merchant Marine Act, 1936' for 'Merchant Marine Act, 1970'. Subsec. (h). Pub. L. 95-600, Sec. 316(a), added subsec. (h). 1976 - Subsec. (a)(1). Pub. L. 94-455, Sec. 802(a)(2), added par. (1) and struck out former par. (1) which related to the percentage of allowable credit under section 38. Subsec. (a)(2). Pub. L. 94-455, Sec. 802(a)(2), added par. (2). Former par. (2) redesignated (3). Subsec. (a)(3). Pub. L. 94-455, Sec. 802(a)(1), redesignated former par. (2) as (3). Former par. (3) redesignated (4). Subsec. (a)(4). Pub. L. 94-455, Sec. 503(b)(4), 802(a)(1), (b)(1), 1901(a)(4)(A), (b)(1)(C), as amended by Pub. L. 95-600, Sec. 703(j)(9), redesignated former par. (3) as (4), and in par. (4) as so redesignated, redesignated former subpar. (C) as (B) and substituted in provisions preceding subpar. (A) 'paragraph (3)' for 'paragraph (2)', in subpar. (B) as so redesignated 'credit for the elderly' for 'retirement income', and in provisions following subpar. (B) 'section 408(f)' for 'section 408(e)'. Former par. (4) redesignated (5). Subsec. (a)(5). Pub. L. 94-455, Sec. 802(a)(1), (b)(1), redesignated former par. (4) as (5) and substituted 'paragraph (3)' for 'paragraph (2)'. Former par. (5) redesignated (6). Subsec. (a)(6). Pub. L. 94-455, Sec. 802(a)(1), (b)(1), 1906(b)(13)(A), redesignated former par. (5) as (6) and substituted 'paragraph (3)' for 'paragraph (2)' and struck out 'or his delegate' after 'Secretary'. Former par. (6) redesignated (7). Subsec. (a)(7). Pub. L. 94-455, Sec. 802(a)(1), (b)(1), redesignated former par. (6) as (7) and substituted 'paragraph (3)' for 'paragraph (2)'. Subsec. (a)(8). Pub. L. 94-455, Sec. 1701(b), added par. (8). Subsec. (a)(9). Pub. L. 94-455, Sec. 1703, added par. (9). Subsec. (b). Pub. L. 94-455, Sec. 802(b)(2), among other changes, inserted requirement that tax credits carried over are applied first to the tax liability for that year, after which tax credits earned currently are then applied. Subsec. (c)(3)(A). Pub. L. 94-455, Sec. 802(b)(3), substituted 'subsection (a)(2)(C)' for 'subsection (a)(1)(C)'. Subsec. (c)(3)(B)(iii). Pub. L. 94-455, Sec. 1901(a)(4)(B), substituted '47 U.S.C. 222(a)(5)' for '47 U.S.C., sec. 222(a)(5)'. Subsec. (c)(5). Pub. L. 94-455, Sec. 2112(a)(2), added par. (5). Subsec. (d)(4)(D), (6). Pub. L. 94-455, Sec. 1906(b)(13)(A), struck out 'or his delegate' after 'Secretary'. Subsec. (e)(1)(C). Pub. L. 94-455, Sec. 802(b)(4), substituted 'subsection (a)(3)' for 'subsection (a)(2)'. Subsec. (e)(2). Pub. L. 94-455, Sec. 1607(b)(1)(B), substituted in subpar. (B) '857(b)(2)(B)' for '857(b)(2)(C)' and inserted in provisions following subpar. (C) reference to determine without regard to any deduction for capital gains dividends (as defined in section 857(b)(3)(C)) and by excluding any net capital gain. Subsec. (f)(1)(B), (2), (3). Pub. L. 94-455, Sec. 1906(b)(13)(A), struck out 'or his delegate' after 'Secretary'. Subsec. (f)(4)(A). Pub. L. 94-455, Sec. 803(b)(1)(A), (B), substituted 'paragraphs (1), (2), and (9)' for 'paragraphs (1) and (2)' and 'paragraph (1), (2), or (9)' for 'paragraph (1) or (2)' wherever appearing. Subsec. (f)(4)(B)(ii). Pub. L. 94-455, Sec. 803(b)(1)(C), substituted 'paragraph (2) or the election described in paragraph (9),' for 'paragraph (2),'. Subsec. (f)(7). Pub. L. 94-455, Sec. 1906(b)(13)(A), struck out 'or his delegate' after 'Secretary'. Subsec. (f)(8). Pub. L. 94-455, Sec. 802(b)(5), 1906(b)(13)(A), inserted reference to the Tax Reform Act of 1976 and struck out 'or his delegate' after 'Secretary'. Subsec. (f)(9). Pub. L. 94-455, Sec. 803(a), added par. (9). Subsec. (g). Pub. L. 94-455, Sec. 805(a), added subsec. (g). 1975 - Subsec. (a)(1). Pub. L. 94-12, Sec. 301(a), designated existing provisions as subpar. (A), substituted 'Except as otherwise provided in this paragraph, in the case of a property described in subparagraph (D), the' for 'The', '10 percent' for '7 percent', and '(as determined under subsections (c) and (d))' for '(as defined in subsection (c))' in subpar. (A) as so designated, and added subpars. (B), (C), and (D). Subsec. (a)(6). Pub. L. 94-12, Sec. 301(b)(2), added par. (6). Subsec. (c)(3)(A). Pub. L. 94-12, Sec. 301(b)(1), substituted 'To the extent that subsection (a)(1)(C) applies to property which is public utility property, the' for 'In the case of section 38 property which is public utility property, the'. Subsec. (c)(4). Pub. L. 94-12, Sec. 302(b)(1), added par. (4). Subsecs. (d), (e). Pub. L. 94-12, Sec. 302(a), added subsec. (d) and redesignated former subsec. (d) as (e). Former subsec. (e) redesignated (f) and amended. Subsec. (f). Pub. L. 94-12, Sec. 301(b)(3), 302(a), redesignated former subsec. (e) as (f) and in subsec. (f) as so redesignated added par. (8). 1974 - Subsec. (a)(3). Pub. L. 93-406 inserted reference to section 402(e) (relating to tax on lump sum distributions), section 72(m)(5)(B) (relating to 10 percent tax on premature distributions to owner-employees), and section 408(e) (relating to additional tax on income from certain retirement accounts). 1971 - Subsec. (b)(1). Pub. L. 92-178, Sec. 106(b), inserted concluding sentence 'In the case of an unused credit for an unused credit year ending before January 1, 1971, which is an investment credit carryover to a taxable year beginning after December 31, 1970 (determined without regard to this sentence), this paragraph shall be applied by substituting '10 taxable years' for '7 taxable years' in subparagraph (B) and by substituting '13 taxable years' for '10 taxable years' and '12 taxable years' for '9 taxable years' in the preceding sentence.' Subsec. (b)(3). Pub. L. 92-178, Sec. 106(a), added par. (3). Subsec. (b)(5). Pub. L. 92-178, Sec. 106(c)(1), substituted 'Certain taxable years ending in 1969, 1970, or 1971' for 'Taxable years beginning after December 31, 1968, and ending after April 18, 1969' in heading; substituted 'ending after April 18, 1969, and before January 1, 1972,' for 'ending after April 18, 1969,'; and provided that 'In the case of a taxable year ending after August 15, 1971, and before January 1, 1972, the percentage contained in the preceding sentence shall be increased by 6 percentage points for each month (or portion thereof) in the taxable year after August 15, 1971'. Subsec. (b)(6). Pub. L. 92-178, Sec. 106(c)(2), substituted 'ending after April 18, 1969, and before January 1, 1971,' for 'ending after April 18, 1969,' and 'following the 7th taxable year after the unused credit year' for 'following the last taxable year for which such portion may be added under paragraph (1)', respectively. Subsec. (c)(2). Pub. L. 92-178, Sec. 102(a)(1), (b), substituted '3 years', '5 years', and '7 years' for '4 years' (once), '6 years' (twice), and '8 years' (twice), respectively in tables of first sentence and substituted in second sentence 'subpart' for 'paragraph' and 'useful life of any property shall be the useful life used in computing the allowance for depreciation under section 167 for the taxable year in which the property is placed in service' for 'useful life of any property shall be determined as of the time such property is placed in service by the taxpayer'. Subsec. (c)(3)(A). Pub. L. 92-178, Sec. 105(a), substituted the fraction of ' 4/7' for ' 3/7'. Subsec. (c)(3)(B). Pub. L. 92-178, Sec. 105(b)(1), (2), struck out cl. (iii) provisions respecting telephone service, redesignated cl. (iv) as (iii), included in cl. (iii) provision of former cl. (iii) respecting telephone service, included other communication services (other than international telegraph service), and defined term 'public utility property' to also mean communication property of type used by persons engaged in providing telephone or microwave communication services to which cl. (iii) applies, if such property is used predominantly for communication purposes, respectively. Subsec. (c)(3)(C). Pub. L. 92-178, Sec. 105(b)(3), added subpar. (C). Subsec. (c)(4). Pub. L. 92-178, Sec. 107(a)(1), struck out provisions respecting reduction in basis or cost of certain replacement property. Subsec. (d)(3). Pub. L. 92-178, Sec. 108(a), added par. (3). Subsec. (e). Pub. L. 92-178, Sec. 105(c), added subsec. (e). 1969 - Subsec. (a)(3). Pub. L. 91-172, Sec. 301(b)(4), inserted 'section 56 (relating to minimum tax for tax preference),'. Subsec. (a)(5). Pub. L. 91-172, Sec. 401(e)(1), reenacted subsection with minor changes and substituted reference to section 1563(a) for reference to section 1504. Subsec. (b)(5), (6). Pub. L. 91-172, Sec. 703(b), added pars. (5) and (6). 1967 - Subsec. (b). Pub. L. 90-225 struck out par. (3) which provided that to the extent that the excess described in par. (1) of this subsection arises by reason of net operating loss carryback, subpar. (A) of par. (1) of this subsection shall not apply. 1966 - Subsec. (a)(2). Pub. L. 89-800, Sec. 3(a), inserted 'for taxable years ending on or before the last day of the suspension period (as defined in section 48(j)),' at beginning of subpar. (B), and added subpar. (C) and provisions following subpar. (C) covering the application of subpar. (C) and the reduction of the amount otherwise determined under par. (2) by the credit allowable but for the application of section 48(h)(1). Subsec. (a)(3). Pub. L. 89-389 inserted reference to tax imposed for the taxable year by section 1378 (relating to tax on certain capital gains of subchapter S corporations) in the list of taxes not to be considered tax imposed by this chapter for purposes of par. (3). Pub. L. 89-384 added any additional tax imposed for the taxable year by section 1351 (relating to recoveries of foreign expropriation losses) to the list of taxes not to be considered a tax imposed by this chapter for purposes of par. (3). Subsec. (b)(1). Pub. L. 89-800, Sec. 3(b), substituted '7 taxable years' for '5 taxable years' in subpar. (B) and '10 taxable years' and 'other 9 taxable years' for '8 taxable years' and 'other 7 taxable years' respectively in text following subpar. (B). 1964 - Subsec. (a)(3)(B) to (D). Pub. L. 88-272 struck out subpar. (B) relating to section 34, and redesignated subpars. (C) and (D) as (B) and (C), respectively. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by section 11813(a) of Pub. L. 101-508 applicable to property placed in service after Dec. 31, 1990, but not applicable to any transition property (as defined in section 49(e) of this title), any property with respect to which qualified progress expenditures were previously taken into account under section 46(d) of this title, and any property described in section 46(b)(2)(C) of this title, as such sections were in effect on Nov. 4, 1990, see section 11813(c) of Pub. L. 101-508, set out as a note under section 29 of this title. EFFECTIVE DATE OF 1989 AMENDMENT Amendment by section 7814(d) of Pub. L. 101-239 effective, except as otherwise provided, as if included in the provision of the Technical and Miscellaneous Revenue Act of 1988, Pub. L. 100-647, to which such amendment relates, see section 7817 of Pub. L. 101-239, set out as a note under section 1 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by sections 1002(a)(4), (15), (17), (25), 1009(a)(1), and 1013(a)(44) of Pub. L. 100-647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99-514, to which such amendment relates, see section 1019(a) of Pub. L. 100-647, set out as a note under section 1 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by section 201(d)(7)(B) of Pub. L. 99-514 applicable to property placed in service after Dec. 31, 1986, in taxable years ending after such date, with exceptions, see sections 203 and 204 of Pub. L. 99-514, set out as a note under section 168 of this title. Section 251(d) of Pub. L. 99-514, as amended by Pub. L. 100-647, title I, Sec. 1002(k), Nov. 10, 1988, 102 Stat. 3371, provided that: '(1) In general. - Except as otherwise provided in this subsection, the amendments made by this section (amending this section and section 48 of this title) shall apply to property placed in service after December 31, 1986, in taxable years ending after such date. '(2) General transitional rule. - The amendments made by this section and section 201 (amending this section and sections 48, 167, 168, 178, 179, 280F, 291, 312, 465, 467, 514, 751, 1245, 4162, 6111, and 7701 of this title) shall not apply to any property placed in service before January 1, 1994, if such property is placed in service as part of - '(A) a rehabilitation which was completed pursuant to a written contract which was binding on March 1, 1986, or '(B) a rehabilitation incurred in connection with property (including any leasehold interest) acquired before March 2, 1986, or acquired on or after such date pursuant to a written contract that was binding on March 1, 1986, if - '(i) parts 1 and 2 of the Historic Preservation Certification Application were filed with the Department of the Interior (or its designee) before March 2, 1986, or '(ii) the lesser of $1,000,000 or 5 percent of the cost of the rehabilitation is incurred before March 2, 1986, or is required to be incurred pursuant to a written contract which was binding on March 1, 1986. '(3) Certain additional rehabilitations. - The amendments made by this section and section 201 (amending this section and sections 48, 167, 168, 178, 179, 280F, 291, 312, 465, 467, 514, 751, 1245, 4162, 6111, and 7701 of this title) shall not apply to - '(A) the rehabilitation of 8 bathhouses within the Hot Springs National Park or of buildings in the Central Avenue Historic District at such Park, '(B) the rehabilitation of the Upper Pontalba Building in New Orleans, Louisiana, '(C) the rehabilitation of at least 60 buildings listed on the National Register at the Frankford Arsenal, '(D) the rehabilitation of De Baliveriere Arcade, St. Louis Centre, and Drake Apartments in Missouri, '(E) the rehabilitation of The Tides in Bristol, Rhode Island, '(F) the rehabilitation and renovation of the Outlet Company building and garage in Providence, Rhode Island, '(G) the rehabilitation of 10 structures in Harrisburg, Pennsylvania, with respect to which the Harristown Development Corporation was designated redeveloper and received an option to acquire title to the entire project site for $1 on June 27, 1984, '(H) the rehabilitation of a project involving the renovation of 3 historic structures on the Minneapolis riverfront, with respect to which the developer of the project entered into a redevelopment agreement with a municipality dated January 4, 1985, and industrial development bonds were sold in 3 separate issues in May, July, and October 1985, '(I) the rehabilitation of a bank's main office facilities of approximately 120,000 square feet, in connection with which the bank's board of directors authorized a $3,300,000 expenditure for the renovation and retrofit on March 20, 1984, '(J) the rehabilitation of 10 warehouse buildings built between 1906 and 1910 and purchased under a contract dated February 17, 1986, '(K) the rehabilitation of a facility which is customarily used for conventions and sporting events if an analysis of operations and recommendations of utilization of such facility was prepared by a certified public accounting firm pursuant to an engagement authorized on March 6, 1984, and presented on June 11, 1984, to officials of the city in which such facility is located, '(L) Mount Vernon Mills in Columbia, South Carolina, '(M) the Barbara Jordan II Apartments, '(N) the rehabilitation of the Federal Building and Post Office, 120 Hanover Street, Manchester, New Hampshire, '(O) the rehabilitation of the Charleston Waterfront project in South Carolina, '(P) the Hayes Mansion in San Jose, California, '(Q) the renovation of a facility owned by the National Railroad Passenger Corporation ('Amtrak') for which project Amtrak engaged a development team by letter agreement dated August 23, 1985, as modified by letter agreement dated September 9, 1985, '(R) the rehabilitation of a structure or its components which is listed in the National Register of Historic Places, is located in Allegheny County, Pennsylvania, will be substantially rehabilitated (as defined in section 48(g)(1)(C) prior to amendment by this Act), prior to December 31, 1989; and was previously utilized as a market and an auto dealership, '(S) The Bellevue Stratford Hotel in Philadelphia, Pennsylvania, '(T) the Dixon Mill Housing project in Jersey City, New Jersey, '(U) Motor Square Garden, '(V) the Blackstone Apartments, and the Shriver-Johnson building, in Sioux Falls, South Dakota, '(W) the Holy Name Academy in Spokane, Washington, '(X) the Nike/Clemson Mill in Exeter, New Hampshire, '(Y) the Central Bank Building in Grand Rapids, Michigan, and '(Z) the Heritage Hotel, in the City of Marquette, Michigan. '(4) Additional rehabilitations. - The amendments made by this section and section 201 (amending sections 46, 48, 167, 168, 178, 179, 280F, 291, 312, 465, 467, 514, 751, 1245, 4162, 6111, and 7701 of this title) shall not apply to - '(A) the Fort Worth Town Square Project in Texas, '(B) the American Youth Hostel in New York, New York, '(C) The Riverwest Loft Development (including all three phases, two of which do not involve rehabilitations), '(D) the Gaslamp Quarter Historic District in California, '(E) the Eberhardt & Ober Brewery, in Pennsylvania, '(F) the Captain's Walk Limited Partnership-Harris Place Development, in Connecticut, '(G) the Velvet Mills in Connecticut, '(H) the Roycroft Inn, in New York, '(I) Old Main Village, in Mankato, Minnesota, '(J) the Washburn-Crosby A Mill, in Minneapolis, Minnesota, '(K) the Marble Arcade office building in Lakeland, Florida, '(L) the Willard Hotel, in Washington, D.C., '(M) the H. P. Lau Building in Lincoln, Nebraska, '(N) the Starks Building, in Louisville, Kentucky, '(O) the Bellevue High School, in Bellevue, Kentucky, '(P) the Major Hampden Smith House, in Owensboro, Kentucky, '(Q) the Doe Run Inn, in Brandenburg, Kentucky, '(R) the State National Bank, in Frankfort, Kentucky, '(S) the Captain Jack House, in Fleming, Kentucky, '(T) the Elizabeth Arlinghaus House, in Covington, Kentucky, '(U) Limerick Shamrock, in Louisville, Kentucky, '(V) the Robert Mills Project, in South Carolina, '(W) the 620 Project, consisting of 3 buildings, in Kentucky, '(X) the Warrior Hotel, Ltd., the first two floors of the Martin Hotel, and the 105,000 square foot warehouse constructed in 1910, all in Sioux City, Iowa, '(Y) the waterpark condominium residential project, to the extent of $2 million of expenditures, '(Z) the Bigelow-Hartford Carpet Mill in Enfield, Connecticut, '(AA) properties abutting 125th street in New York County from 7th Avenue west to Morningside and the pier area on the Hudson River at the end of such 125th Street, '(BB) the City of Los Angeles Central Library project pursuant to an agreement dated December 28, 1983, '(CC) the Warehouse Row project in Chattanooga, Tennessee, '(DD) any project described in section 204(a)(1)(F) of this Act (26 U.S.C. 168 note), '(EE) the Wood Street Commons project in Pittsburgh, Pennsylvania, '(FF) any project described in section 803(d)(6) of this Act (26 U.S.C. 263A note), '(GG) Union Station, Indianapolis, Indiana, '(HH) the Mattress Factory project in Pittsburgh, Pennsylvania, '(II) Union Station in Providence, Rhode Island, '(JJ) South Pack Plaza, Asheville, North Carolina, '(KK) Old Louisville Trust Project, Louisville, Kentucky, '(LL) Stewarts Rehabilitation Project, Louisville, Kentucky, '(MM) Bernheim Officenter, Louisville, Kentucky, '(NN) Springville Mill Project, Rockville, Connecticut, and '(OO) the D.J. Stewart Company Building, State and Main Streets, Rockford, Illinois. '(5) Reduction in credit for property under transitional rules. - In the case of property placed in service after December 31, 1986, and to which the amendments made by this section (amending sections 46 and 48 of this title) do not apply, subparagraph (A) of section 46(b)(4) of the Internal Revenue Code of 1954 (now 1986) (as in effect before the enactment of this Act) shall be applied - '(A) by substituting '10 percent' for '15 percent', and '(B) by substituting '13 percent' for '20 percent'. '(6) Expensing of rehabilitation expenses for the frankford arsenal. - In the case of any expenditures paid or incurred in connection with improvements (including repairs and maintenance) of the Frankford Arsenal pursuant to a contract and partnership agreement during the 8-year period specified in the contract or agreement, all such expenditures to be made during the period 1986 through and including 1993 shall - '(A) be treated as made (and allowable as a deduction) during 1986, '(B) be treated as qualified rehabilitation expenditures made during 1986, and '(C) be allocated in accordance with the partnership agreement regardless of when the interest in the partnership was acquired, except that - '(i) if the taxpayer is not the original holder of such interest, no person (other than the taxpayer) had claimed any benefits by reason of this paragraph, '(ii) no interest under section 6611 of the 1986 Code on any refund of income taxes which is solely attributable to this paragraph shall be paid for the period - '(I) beginning on the date which is 45 days after the later of April 15, 1987, or the date on which the return for such taxes was filed, and '(II) ending on the date the taxpayer acquired the interest in the partnership, and '(iii) if the expenditures to be made under this provision are not paid or incurred before January 1, 1994, then the tax imposed by chapter 1 of such Code for the taxpayer's last taxable year beginning in 1993 shall be increased by the amount of the tax benefits by reason of this paragraph which are attributable to the expenditures not so paid or incurred. '(7) Special rule. - In the case of the rehabilitation of the Willard Hotel in Washington, D.C., section 205(c)(1)(B)(ii) of the Tax Equity and Fiscal Responsibility Act of 1982 (section 205(c)(1)(B)(ii) of Pub. L. 97-248, set out as a note under section 196 of this title) shall be applied by substituting '1987' for '1986'.' Section 421(c) of Pub. L. 99-514 provided that: 'The amendments made by this section (amending this section) shall apply to periods beginning after December 31, 1985, under rules similar to rules under section 48(m) of the Internal Revenue Code of 1986.' Amendment by sections 1802(a)(6), (8), 1844(a), (b)(3), (5), 1847(b)(11), 1848(a) of Pub. L. 99-514 effective, except as otherwise provided, as if included in the provisions of the Tax Reform Act of 1984, Pub. L. 98-369, div. A, to which such amendment relates, see section 1881 of Pub. L. 99-514, set out as a note under section 48 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 16 of Pub. L. 98-369 applicable to taxable years ending after Dec. 31, 1983, see section 18(a) of Pub. L. 98-369, set out as a note under section 48 of this title. Amendment by section 31(f) of Pub. L. 98-369 effective, except as otherwise provided in section 31(g) of Pub. L. 98-369, as to property placed in service by the taxpayer after Nov. 5, 1983, in taxable years ending after such date and to property placed in service by the taxpayer on or before Nov. 5, 1983, if the lease to the organization described in section 593 of this title is entered into after Nov. 5, 1983, see section 31(g)(1), (14) of Pub. L. 98-369, set out as a note under section 168 of this title. Amendment by section 113(b)(2)(B) of Pub. L. 98-369 applicable as if included in the amendments by sections 201(a), 211(a)(1), and 211(f)(1) of Pub. L. 97-34, which amended this section and enacted section 168 of this title, see section 113(c)(2)(B) of Pub. L. 98-369, set out as a note under section 168 of this title. Section 431(e) of Pub. L. 98-369 provided: '(1) In general. - The amendments made by this section (amending this section and sections 47 and 48 of this title) shall apply to property placed in service after the date of the enactment of this Act (July 18, 1984) in taxable years ending after such date; except that such amendments shall not apply to any property to which the amendments made by section 211(f) of the Economic Recovery Tax Act of 1981 (section 211(f) of Pub. L. 97-34, amending sections 46 and 47 of this title) do not apply. '(2) Amendments may be elected retroactively. - At the election of the taxpayer, the amendments made by this section shall apply as if included in the amendments made by section 211(f) of the Economic Recovery Tax Act of 1981. Any election made under the preceding sentence shall apply to all property of the taxpayer to which the amendments made by such section 211(f) apply and shall be made at such time and in such manner as the Secretary of the Treasury or his delegate may by regulations prescribe.' Amendment by section 474(o)(1)-(7) of Pub. L. 98-369 applicable to taxable years beginning after Dec. 31, 1983, and to carrybacks from such years, see section 475(a) of Pub. L. 98-369, set out as a note under section 21 of this title. Amendment by section 713 of Pub. L. 98-369 effective as if included in the provision of the Tax Equity and Fiscal Responsibility Act of 1982, Pub. L. 97-248, to which such amendment relates, see section 715 of Pub. L. 98-369, set out as a note under section 31 of this title. EFFECTIVE DATE OF 1983 AMENDMENTS Amendment by section 122(c)(1) of Pub. L. 98-21 applicable to taxable years beginning after Dec. 31, 1983, except that if an individual's annuity starting date was deferred under section 105(d)(6) of this title as in effect on the day before Apr. 20, 1983, such deferral shall end on the first day of such individual's first taxable year beginning after Dec. 31, 1983, see section 122(d) of Pub. L. 98-21, set out as a note under section 22 of this title. Amendment by title I of Pub. L. 97-448 effective, except as otherwise provided, as if it had been included in the provision of the Economic Recovery Tax Act of 1981, Pub. L. 97-34, to which such amendment relates, see section 109 of Pub. L. 97-448, set out as a note under section 1 of this title. Amendment by section 202(f) of Pub. L. 97-448 effective, except as otherwise provided, as if it had been included in the provision of the Crude Oil Windfall Profit Tax Act of 1980, Pub. L. 96-223, to which such amendment relates, see section 203(a) of Pub. L. 97-448, set out as a note under section 6652 of this title. Section 541(c) of Pub. L. 97-424, as amended by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: '(1) General rule. - The amendments made by subsections (a) and (b) (amending this section and sections 167 and 168 of this title) shall apply to taxable years beginning after December 31, 1979. '(2) Special rule for periods beginning before march 1, 1980. - '(A) In general. - Subject to the provisions of paragraphs (3) and (4), notwithstanding the provisions of sections 167(l) and 46(f) of the Internal Revenue Code of 1986 (formerly I.R.C. 1954) and of any regulations prescribed by the Secretary of the Treasury (or his delegate) under such sections, the use for ratemaking purposes or for reflecting operating results in the taxpayer's regulated books of account, for any period before March 1, 1980, of - '(i) any estimates or projections relating to the amounts of the taxpayer's tax expense, depreciation expense, deferred tax reserve, credit allowable under section 38 of such code, or rate base, or '(ii) any adjustments to the taxpayer's rate of return, shall not be treated as inconsistent with the requirements of subparagraph (G) of such section 167(l)(3) nor inconsistent with the requirements of paragraph (1) or (2) of such section 46(f), where such estimates or projections, or such rate of return adjustments, were included in a qualified order. '(B) Qualified order defined. - For purposes of this subsection, the term 'qualified order' means an order - '(i) by a public utility commission which was entered before March 13, 1980, '(ii) which used the estimates, projections, or rate of return adjustments referred to in subparagraph (A) to determine the amount of the rates to be collected by the taxpayer or the amount of a refund with respect to rates previously collected, and '(iii) which ordered such rates to be collected or refunds to be made (whether or not such order actually was implemented or enforced). '(3) Limitations on application of paragraph (2). - '(A) Paragraph (2) not to apply to amounts actually flowed through. - Paragraph (2) shall not apply to the amount of any - '(i) rate reduction, or '(ii) refund, which was actually made pursuant to a qualified order. '(B) Taxpayer must enter into closing agreement before paragraph (2) applies. - Paragraph (2) shall not apply to any taxpayer unless, before the later of - '(i) July 1, 1983, or '(ii) 6 months after the refunds or rate reductions are actually made pursuant to a qualified order. the taxpayer enters into a closing agreement (within the meaning of section 7121 of the Internal Revenue Code of 1986) which provides for the payment by the taxpayer of the amount of which paragraph (2) does not apply by reason of subparagraph (A). '(4) Special rules relating to payment of refunds or interest by the united states or the taxpayer. - '(A) Refund defined. - For purposes of this subsection, the term 'refund' shall include any credit allowed by the taxpayer under a qualified order but shall not include interest payable with respect to any refund (or credit) under such order. '(B) No interest payable by united states. - No interest shall be payable under section 6611 of the Internal Revenue Code of 1986 on any overpayment of tax which is attributable to the application of paragraph (2). '(C) Payments may be made in two equal installments. - '(i) In general. - The taxpayer may make any payment required by reason of paragraph (3) in 2 equal installments, the first installment being due on the last date on which a taxpayer may enter into a closing agreement under paragraph (3)(B), and the second payment being due 1 year after the last date for the first payment. '(ii) Interest payments. - For purposes of section 6601 of such Code, the last date prescribed for payment with respect to any payment required by reason of paragraph (3) shall be the last date on which such payment is due under clause (i). '(5) No inference. - The application of subparagraph (G) of section 167(l)(3) of the Internal Revenue Code of 1986, and the application of paragraphs (1) and (2) of section 46(f) of such Code, to taxable years beginning before January 1, 1980, shall be determined without any inference drawn from the amendments made by subsections (a) and (b) of this section (amending this section and sections 167 and 168 of this title) or from the rules contained in paragraphs (2), (3), and (4). Nothing in the preceding sentence shall be construed to limit the relief provided by paragraphs (2), (3), and (4).' EFFECTIVE DATE OF 1982 AMENDMENTS Amendment by Pub. L. 97-354 applicable to taxable years beginning after Dec. 31, 1982, see section 6(a) of Pub. L. 97-354, set out as an Effective Date note under section 1361 of this title. Amendment by section 201(d)(8)(A), formerly section 201(c)(8)(A), of Pub. L. 97-248, applicable to taxable years beginning after Dec. 31, 1982, see section 201(e)(1) of Pub. L. 97-248, set out as a note under section 5 of this title. Section 205(c)(2) of Pub. L. 97-248 provided that: 'The amendments made by subsection (b) (amending this section) shall apply to taxable years beginning after December 31, 1982.' Amendment by section 265(b)(2)(A)(i) of Pub. L. 97-248 applicable to distributions after Dec. 31, 1982, see section 265(c)(2) of Pub. L. 97-248, set out as a note under section 72 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by section 207(c)(1) of Pub. L. 97-34 applicable to unused credit years ending after Dec. 31, 1973, see section 209(c)(2)(A) of Pub. L. 97-34, set out as an Effective Date note under section 168 of this title. Section 211(i) of Pub. L. 97-34 provided that: '(1) In general. - Except as provided in this subsection, the amendments made by this section (amending this section and sections 47 and 48 of this title) shall apply to property placed in service after December 31, 1980. '(2) Progress expenditures. - The amendments made by subsection (b) (amending this section) shall apply to progress expenditures made after December 31, 1980. '(3) Petroleum storage facilities. - The amendments made by subsection (c) (amending this section) shall apply to periods after December 31, 1980, under rules similar to the rules under section 48(m). '(4) Noncorporate lessors. - The amendments made by subsection (d) (amending this section) shall apply to leases entered into after June 25, 1981. '(5) At risk rules. - '(A) In general. - The amendment made by subsection (f) (amending this section and section 47 of this title) shall not apply to - '(i) property placed in service by the taxpayer on or before February 18, 1981, and '(ii) property placed in service by the taxpayer after February 18, 1981, where such property is acquired by the taxpayer pursuant to a binding contract entered into on or before that date. '(B) Binding contract. - For purposes of subparagraph (A)(ii), property acquired pursuant to a binding contract shall, under regulations prescribed by the Secretary, include property acquired in a manner so that it would have qualified as pretermination property under section 49(b) (as in effect before its repeal by the Revenue Act of 1978) (Pub. L. 95-600). '(6) Leased rolling stock. - The amendment made by subsection (h) (amending section 48 of this title) shall apply to taxable years beginning after December 31, 1980.' Section 212(e) of Pub. L. 97-34, as amended by Pub. L. 97-448, title I, Sec. 102(f)(1), Jan. 12, 1983, 96 Stat. 2371; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: '(1) In general. - Except as provided in paragraph (2), the amendments made by this section (amending this section and sections 48, 57, 167, 280B, 642, 1016, 1082, 1245, and 1250 of this title and repealing section 191 of this title) shall apply to expenditures incurred after December 31, 1981, in taxable years ending after such date. '(2) Transitional rule. - The amendments made by this section shall not apply with respect to any rehabilitation of a building if - '(A) the physical work on such rehabilitation began before January 1, 1982, and '(B) such building does not meet the requirements of paragraph (1) of section 48(g) of the Internal Revenue Code of 1986 (formerly I.R.C. 1954) (as amended by this Act (Pub. L. 97-34)).' Section 332(c)(1) of Pub. L. 97-34 provided that: 'The amendments made by subsection (a) (amending this section) shall be effective on the date of enactment of this Act (Aug. 13, 1981).' EFFECTIVE DATE OF 1980 AMENDMENT Amendment by section 222(e)(2) of Pub. L. 96-223 applicable to periods after Dec. 31, 1979, under rules similar to the rules of section 48(m) of this title, see section 222(j)(1) of Pub. L. 96-223, set out as a note under section 48 of this title. Section 223(b)(3) of Pub. L. 96-223 provided that: 'The amendments made by this subsection (amending this section and section 6401 of this title) shall apply to qualified investment for taxable years beginning after December 31, 1979.' EFFECTIVE DATE OF 1978 AMENDMENT Amendment by section 141(e), (f)(2) of Pub. L. 95-600 effective with respect to qualified investment for taxable years beginning after Dec. 31, 1978, see section 141(g)(1) of Pub. L. 95-600, set out as an Effective Date note under section 409 of this title. Section 312(d) of Pub. L. 95-600 provided that: 'The amendments made by this section (amending this section and sections 48 and 167 of this title and repealing sections 49 and 50 of this title) shall apply to taxable years ending after December 31, 1978.' Section 313(b) of Pub. L. 95-600 provided that: 'The amendment made by subsection (a) (amending this section) shall apply to - '(1) property acquired by the taxpayer after December 31, 1978, and '(2) property the construction, reconstruction, or erection of which was completed by the taxpayer after December 31, 1978 (but only to the extent of the basis thereof attributable to construction, reconstruction, or erection after such date).' Section 316(c) of Pub. L. 95-600 provided that: 'The amendments made by this section (amending this section and section 1388 of this title) shall apply to taxable years ending after October 31, 1978.' Section 703(r) of Pub. L. 95-600 provided that: 'Except as otherwise provided, the amendments made by this section (amending this section and sections 48, 103, 447, 453, 501, 801, 911, 995, 996, 999, 1033, 1212, 1375, 1402, 1561, 4041, 4911, 6104, 6427, 6501, 6504, 6511, 7609 of this title and sections 402, 405, 410, and 411 of Title 42, The Public Health and Welfare, enacting provisions set out as notes under sections 103, 311, 443, 501, and 4973 of this title, and amending provisions set out as notes under section 120, 311, 907, 995, 2011, 2501, and 4940 of this title) shall take effect on October 4, 1976.' EFFECTIVE DATE OF 1976 AMENDMENT Amendment by section 503(b)(4) of Pub. L. 94-455 applicable to taxable years beginning after Dec. 31, 1975, see section 508 of Pub. L. 94-455, set out as a note under section 3 of this title. Section 802(c) of Pub. L. 94-455 provided that: 'The amendments made by this section (amending this section and section 48 of this title and provisions set out below) shall apply to taxable years beginning after December 31, 1975.' Section 803(j) of Pub. L. 94-455 provided that: '(1) General rule. - Except as provided in paragraph (2), the amendments made by this section (see Tables for classification of section 803 of Pub. L. 94-455) shall apply for taxable years beginning after December 31, 1974. '(2) Exceptions. - '(A) Section 301(e) of the Tax Reduction Act of 1975 (set out below), as added by subsection (d), shall apply for taxable years beginning after December 31, 1976. '(B) The amendments made by subsections (a) and (b)(1) shall apply for taxable years beginning after December 31, 1975. '(C) The amendments made by subsections (b)(4) and (f) shall apply for years beginning after December 31, 1975.' Section 805(b) of Pub. L. 94-455, as amended by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: '(1) In general. - Except as provided in subparagraph (B), the amendment made by subsection (a) (amending this section) shall apply to taxable years beginning after December 31, 1975, in the case of property placed in service after such date. '(2) Section 46(g)(4). - Section 46(g)(4) of the Internal Revenue Code of 1986 (formerly I.R.C. 1954) (as added by subsection (a)) shall apply to taxable years beginning after December 31, 1975.' Amendment by section 1607(b)(1)(B) of Pub. L. 94-455 applicable to taxable years ending after Oct. 4, 1976, with certain exceptions, see section 1608(c) of Pub. L. 94-455, set out as a note under section 857 of this title. Amendment by section 1901(a)(4)(A), (B), (b)(1)(C) of Pub. L. 94-455 applicable with respect to taxable years beginning after Dec. 31, 1976, see section 1901(d) of Pub. L. 94-455, set out as a note under section 2 of this title. Section 2112(d)(1) of Pub. L. 94-455 provided that: 'The amendments made by subsection (a) (amending this section and section 48 of this title) shall apply to - '(A) property acquired by the taxpayer after December 31, 1976, and '(B) property the construction, reconstruction, or erection of which was completed by the taxpayer after December 31, 1976, (but only to the extent of the basis thereof attributable to construction, reconstruction, or erection after such date), in taxable years beginning after such date.' EFFECTIVE DATE OF 1975 AMENDMENT Section 301(b)(4) of Pub. L. 94-12 provided that: 'The amendment made by paragraph (1) of this subsection (amending this section) shall apply to property placed in service after January 21, 1975, in taxable years ending after January 21, 1975. The amendments made by paragraphs (2) and (3) (amending this section) shall apply to taxable years ending after December 31, 1974.' Section 305(a) of Pub. L. 94-12 provided that: 'The amendments made by section 302 (amending this section and sections 47, 48, and 50B of this title) shall apply to taxable years ending after December 31, 1974.' EFFECTIVE DATE OF 1974 AMENDMENT Amendment by section 2001(g)(2)(B) of Pub. L. 93-406 applicable to distributions made in taxable years beginning after Dec. 31, 1975, see section 2001(i)(5) of Pub. L. 93-406, set out as a note under section 72 of this title. Amendment by section 2002(g)(2) of Pub. L. 93-406 effective on Jan. 1, 1975, see section 2002(i)(2) of Pub. L. 93-406, set out as an Effective Date note under section 4973 of this title. Amendment by section 2005(c)(4) of Pub. L. 93-406 applicable only with respect to distributions or payments made after Dec. 31, 1973, in taxable years beginning after Dec. 31, 1973, see section 2005(d) of Pub. L. 93-406, set out as a note under section 402 of this title. EFFECTIVE DATE OF 1971 AMENDMENT Section 102(d)(1), (2) of Pub. L. 92-178, as amended by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: '(1) The amendments made by subsections (a) and (b) (amending this section and section 48 of this title) shall apply to property described in section 50 of the Internal Revenue Code of 1986 (formerly I.R.C. 1954). '(2) In redetermining qualified investment for purposes of section 47(a) of the Internal Revenue Code of 1986 in the case of any property which ceases to be section 38 property with respect to the taxpayer after August 15, 1971, or which becomes public utility property after such date, section 46(c)(2) of such Code shall be applied as amended by subsection (a).' Section 105(d) of Pub. L. 92-178, as amended by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: 'The amendments made by this section (amending this section and enacting provisions set out below) shall apply to property described in section 50 of the Internal Revenue Code of 1986 (formerly I.R.C. 1954).' Section 106(d) of Pub. L. 92-178 provided that: 'The amendments made by subsections (a), (b), and (c)(2) (amending this section) shall apply to taxable years beginning after December 31, 1970. The amendments made by subsection (c)(1) (amending this section) shall apply to taxable years ending after August 15, 1971.' Section 107(a)(2) of Pub. L. 92-178 provided that: 'The repeals made by paragraph (1) (amending this section and section 47 of this title) shall apply to casualties and thefts occurring after August 15, 1971.' Section 108(d) of Pub. L. 92-178 provided that: 'The amendments made by subsections (a) and (b) (amending this section and section 48 of this title) shall apply to leases entered into after September 22, 1971. The amendment made by subsection (c) (amending section 48 of this title) shall apply to leases entered into after November 8, 1971.' EFFECTIVE DATE OF 1969 AMENDMENT Amendment by section 301(b)(4) of Pub. L. 91-172 applicable to taxable years ending after Dec. 31, 1969, see section 301(c) of Pub. L. 91-172, set out as a note under section 5 of this title. Amendment by section 401(e)(1) of Pub. L. 91-172 applicable with respect to taxable years ending on or after Dec. 31, 1970, see section 401(h)(3) of Pub. L. 91-172, set out as a note under section 1561 of this title. EFFECTIVE DATE OF 1967 AMENDMENT Section 2(g) of Pub. L. 90-225 provided that: 'The amendments made by this section (amending this section and sections 6411, 6501, 6511, 6601, and 6611 of this title) shall apply with respect to investment credit carrybacks attributable to net operating loss carrybacks from taxable years ending after July 31, 1967.' EFFECTIVE DATE OF 1966 AMENDMENTS Section 4 of Pub. L. 89-800 provided that: 'The amendments made by this Act (amending this section and sections 48 and 167 of this title) shall apply to taxable years ending after October 9, 1966, except that the amendments made by section 3(b) (amending this section) shall apply only if the fifth taxable year following the unused credit year ends after December 31, 1966.' Section 2(c) of Pub. L. 89-389 provided that: 'The amendments made by this section (enacting section 1378 of this title and amending this section and sections 1372, 1373, and 1375 of this title) shall apply with respect to taxable years of electing small business corporations beginning after the date of enactment of this Act (Apr. 14, 1966), but such amendments shall not apply with respect to sales or exchanges occurring before February 24, 1966.' Amendment by Pub. L. 89-384 applicable with respect to amounts received after December 31, 1964, in respect of foreign expropriation losses (as defined in section 1351(b) of this title) sustained after December 31, 1958, see section 2 of Pub. L. 89-384, set out as an Effective Date note under section 1351 of this title. EFFECTIVE DATE OF 1964 AMENDMENT Amendment by Pub. L. 88-272 applicable with respect to dividends received after Dec. 31, 1964, in taxable years ending after such date, see section 201(e) of Pub. L. 88-272, set out as a note under section 22 of this title. EFFECTIVE DATE Section 2(h) of Pub. L. 87-834 provided that: 'The amendments made by this section (enacting this section and sections 38, 47, 48, and 181 of this title, amending sections 381, 1016, 6501, 6511, 6601, and 6611 of this title, and renumbering former section 38 as section 39 of this title) shall apply with respect to taxable years ending after December 31, 1961.' SAVINGS PROVISION For provisions that nothing in amendment by section 11813(a) of Pub. L. 101-508 be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to Nov. 5, 1990, for purposes of determining liability for tax for periods ending after Nov. 5, 1990, see section 11821(b) of Pub. L. 101-508, set out as a note under section 29 of this title. PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989 For provisions directing that if any amendments made by subtitle A or subtitle C of title XI (Sec. 1101-1147 and 1171-1177) or title XVIII (Sec. 1800-1899A) of Pub. L. 99-514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99-514, as amended, set out as a note under section 401 of this title. CLARIFICATION OF EFFECT OF 1984 AMENDMENT ON INVESTMENT TAX CREDIT Section 475(c) of Pub. L. 98-369 provided that: 'Nothing in the amendments made by section 474(o) (amending this section and sections 47 and 48 of this title) shall be construed as reducing the amount of any credit allowable for qualified investment in taxable years beginning before January 1, 1984.' REGULATED PUBLIC UTILITIES; SPECIAL TRANSITIONAL RULE Section 209(d)(2) of Pub. L. 97-34, as amended by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: 'If, by the terms of the applicable rate order last entered before the date of the enactment of this Act (Aug. 13, 1981) by a regulatory commission having appropriate jurisdiction, a regulated public utility would (but for this provision) fail to meet the requirements of paragraph (1) or (2) of section 46(f) of the Internal Revenue Code of 1986 (formerly I.R.C. 1954) with respect to property for an accounting period ending after December 31, 1980, such regulated public utility shall not fail to meet such requirements if, by the terms of its first rate order determining cost of service with respect to such property which becomes effective after the date of the enactment of this Act and on or before January 1, 1983, such regulated public utility meets such requirements. This provision shall not apply to any rate order which, under the rules in effect before the date of the enactment of this Act was inconsistent with the requirements of paragraph (1) or (2) of section 46(f) of such Code (whichever would have been applicable).' PLAN REQUIREMENTS FOR TAXPAYERS ELECTING ADDITIONAL CREDITS Section 301(d), (e), (f) of Pub. L. 94-12, as amended by Pub. L. 94-455, Sec. 802(b)(7), 803(c), (d), (e), relating to plan requirements for taxpayers electing additional credit, was repealed by Pub. L. 95-600, title I, Sec. 141(f)(1), Nov. 6, 1978, 92 Stat. 2795. PUBLIC UTILITY PROPERTY SUBJECT TO SUBSEC. (E); PROVISIONS RESPECTING TREATMENT OF INVESTMENT CREDIT BY FEDERAL REGULATORY AGENCIES INAPPLICABLE Section 105(e) of Pub. L. 92-178, as amended by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: 'Section 203(e) of the Revenue Act of 1964 (set out as note under section 38 of this title) shall not apply to public utility property to which section 46(e) of the Internal Revenue Code of 1986 (formerly I.R.C. 1954) (as added by subsection (c)) (subsec. (e) of this section) applies.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 38, 47, 48, 49, 50, 52, 111, 196 of this title. ------DocID 34912 Document 21 of 963------ -CITE- 26 USC CHAPTER 46 -EXPCITE- TITLE 26 Subtitle D CHAPTER 46 -HEAD- CHAPTER 46 - GOLDEN PARACHUTE PAYMENTS -MISC1- Sec. 4999. Golden parachute payments. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 275 of this title. ------DocID 36176 Document 22 of 963------ -CITE- 28 USC Sec. 46 -EXPCITE- TITLE 28 PART I CHAPTER 3 -HEAD- Sec. 46. Assignment of judges; panels; hearings; quorum -STATUTE- (a) Circuit judges shall sit on the court and its panels in such order and at such times as the court directs. (b) In each circuit the court may authorize the hearing and determination of cases and controversies by separate panels, each consisting of three judges, at least a majority of whom shall be judges of that court, unless such judges cannot sit because recused or disqualified, or unless the chief judge of that court certifies that there is an emergency including, but not limited to, the unavailability of a judge of the court because of illness. Such panels shall sit at the times and places and hear the cases and controversies assigned as the court directs. The United States Court of Appeals for the Federal Circuit shall determine by rule a procedure for the rotation of judges from panel to panel to ensure that all of the judges sit on a representative cross section of the cases heard and, notwithstanding the first sentence of this subsection, may determine by rule the number of judges, not less than three, who constitute a panel. (c) Cases and controversies shall be heard and determined by a court or panel of not more than three judges (except that the United States Court of Appeals for the Federal Circuit may sit in panels of more than three judges if its rules so provide), unless a hearing or rehearing before the court in banc is ordered by a majority of the circuit judges of the circuit who are in regular active service. A court in banc shall consist of all circuit judges in regular active service, or such number of judges as may be prescribed in accordance with section 6 of Public Law 95-486 (92 Stat. 1633), except that any senior circuit judge of the circuit shall be eligible to participate, at his election and upon designation and assignment pursuant to section 294(c) of this title and the rules of the circuit, as a member of an in banc court reviewing a decision of a panel of which such judge was a member. (d) A majority of the number of judges authorized to constitute a court or panel thereof, as provided in paragraph (c), shall constitute a quorum. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 871; Nov. 13, 1963, Pub. L. 88-176, Sec. 1(b), 77 Stat. 331; Oct. 20, 1978, Pub. L. 95-486, Sec. 5(a), (b), 92 Stat. 1633; Apr. 2, 1982, Pub. L. 97-164, title I, Sec. 103, title II, Sec. 205, 96 Stat. 25, 53.) -MISC1- HISTORICAL AND REVISION NOTES Based in part on title 28, U.S.C., 1940 ed., Sec. 212 (Mar. 3, 1911, ch. 231, Sec. 117, 36 Stat. 1131). Subsections (a)-(c) authorize the establishment of divisions of the court and provide for the assignment of circuit judges for hearings and rehearings in banc. The Supreme Court of the United States has ruled that, notwithstanding the three-judge provision of section 212 of title 28, U.S.C., 1940 ed., a court of appeals might lawfully consist of a greater number of judges, and that the five active circuit judges of the third circuit might sit in banc for the determination of an appeal. (See Textile Mills Securities Corporation v. Commissioner of Internal Revenue, 1941, 62 S.Ct. 272, 314 U.S. 326, 86 L.Ed. 249.) The Supreme Court in upholding the unanimous view of the five judges as to their right to sit in banc, notwithstanding the contrary opinion in Langs Estate v. Commissioner of Internal Revenue, 1938, 97 F.2d 867, said in the Textile Mills case: 'There are numerous functions of the court, as a 'court of record, with appellate jurisdiction', other than hearing and deciding appeals. Under the Judicial Code these embrace: prescribing the form of writs and other process and the form and style of its seal (28 U.S.C., Sec. 219); the making of rules and regulations (28 U.S.C., Sec. 219); the appointment of a clerk (28 U.S.C., Sec. 221) and the approval of the appointment and removal of deputy clerks (28 U.S.C., Sec. 222); and the fixing of the 'times' when court shall be held (28 U.S.C., Sec. 223). Furthermore, those various sections of the Judicial Code provide that each of these functions shall be performed by the court.' This section preserves the interpretation established by the Textile Mills case but provides in subsection (c) that cases shall be heard by a court of not more than three judges unless the court has provided for hearing in banc. This provision continues the tradition of a three-judge appellate court and makes the decision of a division, the decision of the court, unless rehearing in banc is ordered. It makes judges available for other assignments, and permits a rotation of judges in such manner as to give to each a maximum of time for the preparation of opinions. Whether divisions should sit simultaneously at the same or different places in the circuit is a matter for each court to determine. -REFTEXT- REFERENCES IN TEXT Section 6 of Public Law 95-486 (92 Stat. 1633), referred to in subsec. (c), is section 6 of Pub. L. 95-486, Oct. 20, 1978, 92 Stat. 1633, which is set out as an Appeals Court Administrative Units note under section 41 of this title. -MISC2- AMENDMENTS 1982 - Subsec. (a). Pub. L. 97-164, Sec. 103(a), substituted 'panels' for 'divisions'. Subsec. (b). Pub. L. 97-164, Sec. 103(b), substituted 'panels' for 'divisions' wherever appearing and inserted provisions requiring that at least a majority of the panels of each circuit be judges of that court, unless such judges cannot sit because recused or disqualified, or unless the chief judge of that court certifies that there is an emergency including, but not limited to, the unavailability of a judge of the court because of illness, and that the United States Court of Appeals for the Federal Circuit determine by rule a procedure for the rotation of judges from panel to panel to ensure that all of the judges sit on a representative cross section of the cases heard and determine by rule the number of judges, not less than three, who constitute a panel. Subsec. (c). Pub. L. 97-164, Sec. 103(c), 205, inserted provision that the United States Court of Appeals for the Federal Circuit may sit in panels of more than three judges if its rules so provide and that, as an alternative to the requirement that a court in banc consist of all circuit judges in regular active service, such a court may consist of such number of judges as may be prescribed in accordance with section 6 of Public Law 95-486 (92 Stat. 1633), except that any senior circuit judge of the circuit shall be eligible to participate, at his election and upon designation and assignment pursuant to section 294(c) of this title and the rules of the circuit, as a member of an in banc court reviewing a decision of a panel of which such judge was a member. Subsec. (d). Pub. L. 97-164, Sec. 103(d), substituted 'panel' for 'division'. 1978 - Pub. L. 95-486, Sec. 5(b), substituted 'panels' for 'divisions' in section catchline. Subsec. (c). Pub. L. 95-486, Sec. 5(a), substituted 'panel' for 'division' and struck out provision authorizing a retired circuit judge to sit as a judge of the court in banc in the rehearing of a case if he sat in the court or division in the original hearing of such case. 1963 - Subsec. (c). Pub. L. 88-176 inserted 'regular' before 'active service' wherever appearing, and provided that a retired circuit judge shall be competent to sit as a judge of the court in banc, in a rehearing if he sat in at the original hearing. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402 of Pub. L. 97-164, set out as a note under section 171 of this title. ------DocID 37028 Document 23 of 963------ -CITE- 28 USC APPENDIX - RULES OF APPELLATE PROCEDURE Rule 46 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF APPELLATE PROCEDURE TITLE VII -HEAD- Rule 46. Attorneys -STATUTE- (a) Admission to the bar of a court of appeals; eligibility; procedure for admission. - An attorney who has been admitted to practice before the Supreme Court of the United States, or the highest court of a state, or another United States court of appeals, or a United States district court (including the district courts for the Canal Zone, Guam and the Virgin Islands), and who is of good moral and professional character, is eligible for admission to the bar of a court of appeals. An applicant shall file with the clerk of the court of appeals, on a form approved by the court and furnished by the clerk, an application for admission containing the applicant's personal statement showing eligibility for membership. At the foot of the application the applicant shall take and subscribe to the following oath or affirmation: I, XXXXXXXXXXXXXXX, do solemnly swear (or affirm) that I will demean myself as an attorney and counselor of this court, uprightly and according to law; and that I will support the Constitution of the United States. Thereafter, upon written or oral motion of a member of the bar of the court, the court will act upon the application. An applicant may be admitted by oral motion in open court, but it is not necessary that the applicant appear before the court for the purpose of being admitted, unless the court shall otherwise order. An applicant shall upon admission pay to the clerk the fee prescribed by rule or order of the court. (b) Suspension or disbarment. - When it is shown to the court that any member of its bar has been suspended or disbarred from practice in any other court of record, or has been guilty of conduct unbecoming a member of the bar of the court, the member will be subject to suspension or disbarment by the court. The member shall be afforded an opportunity to show good cause, within such time as the court shall prescribe, why the member should not be suspended or disbarred. Upon the member's response to the rule to show cause, and after hearing, if requested, or upon expiration of the time prescribed for a response if no response is made, the court shall enter an appropriate order. (c) Disciplinary power of the court over attorneys. - A court of appeals may, after reasonable notice and an opportunity to show cause to the contrary, and after hearing, if requested, take any appropriate disciplinary action against any attorney who practices before it for conduct unbecoming a member of the bar or for failure to comply with these rules or any rule of the court. -SOURCE- (As amended Mar. 10, 1986, eff. July 1, 1986.) -MISC1- NOTES OF ADVISORY COMMITTEE ON APPELLATE RULES Subdivision (a). The basic requirement of membership in the bar of the Supreme Court, or of the highest court of a state, or in another court of appeals or a district court is found, with minor variations, in the rules of ten circuits. The only other requirement in those circuits is that the applicant be of good moral and professional character. In the District of Columbia Circuit applicants other than members of the District of Columbia District bar or the Supreme Court bar must claim membership in the bar of the highest court of a state, territory or possession for three years prior to application for admission (D.C. Cir. Rule 7). Members of the District of Columbia District bar and the Supreme Court bar again excepted, applicants for admission to the District of Columbia Circuit bar must meet precisely defined prelaw and law school study requirements (D.C. Cir. Rule 7 1/2). A few circuits now require that application for admission be made by oral motion by a sponsor member in open court. The proposed rule permits both the application and the motion by the sponsor member to be in writing, and permits action on the motion without the appearance of the applicant or the sponsor, unless the court otherwise orders. Subdivision (b). The provision respecting suspension or disbarment is uniform. Third Circuit Rule 8(3) is typical. Subdivision (c). At present only Fourth Circuit Rule 36 contains an equivalent provision. The purpose of this provision is to make explicit the power of a court of appeals to impose sanctions less serious than suspension or disbarment for the breach of rules. It also affords some measure of control over attorneys who are not members of the bar of the court. Several circuits permit a non-member attorney to file briefs and motions, membership being required only at the time of oral argument. And several circuits permit argument pro hac vice by non-member attorneys. NOTES OF ADVISORY COMMITTEE ON APPELLATE RULES - 1986 AMENDMENT The amendments to Rules 46(a) and (b) are technical. No substantive change is intended. -TRANS- TERMINATION OF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF THE CANAL ZONE For termination of the United States District Court for the District of the Canal Zone at end of the 'transition period', being the 30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and sections 3831 and 3841 to 3843 of Title 22, Foreign Relations and Intercourse. -CROSS- CROSS REFERENCES Clerk as prohibited from practicing law, see section 955 of this title. Practice of law prohibited by United States marshal or deputy marshal, see section 568 of this title. ------DocID 37092 Document 24 of 963------ -CITE- 28 USC APPENDIX - RULES OF CIVIL PROCEDURE Rule 46 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF CIVIL PROCEDURE VI -HEAD- Rule 46. Exceptions Unnecessary -STATUTE- Formal exceptions to rulings or orders of the court are unnecessary; but for all purposes for which an exception has heretofore been necessary it is sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action which the party desires the court to take or the party's objection to the action of the court and the grounds therefor; and, if a party has no opportunity to object to a ruling or order at the time it is made, the absence of an objection does not thereafter prejudice the party. -SOURCE- (As amended Mar. 2, 1987, eff. Aug. 1, 1987.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES Abolition of formal exceptions is often provided by statute. See Ill.Rev.Stat. (1937), ch. 110, Sec. 204; Neb.Comp.Stat. (1929) Sec. 20-1139; N.M.Stat.Ann. (Courtright, 1929) Sec. 105-830; 2 N.D.Comp.Laws Ann. (1913) Sec. 7653; Ohio Code Ann. (Throckmorton, 1936) Sec. 11560; 1 S.D.Comp.Laws (1929) Sec. 2542; Utah Rev.Stat.Ann. (1933) Sec. 104-39-2, 104-24-18; Va.Rules of Court, Rule 22, 163 Va. v, xii (1935); Wis.Stat. (1935) Sec. 270.39. Compare N.Y.C.P.A. (1937) Sec. 583, 445, and 446, all as amended by L. 1936, ch. 915. Rule 51 deals with objections to the court's instructions to the jury. U.S.C., Title 28, (former) Sec. 776 (Bill of exceptions; authentication; signing of by judge) and (former) 875 (Review of findings in cases tried without a jury) are superseded insofar as they provide for formal exceptions, and a bill of exceptions. NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT The amendments are technical. No substantive change is intended. -CROSS- FEDERAL RULES OF CRIMINAL PROCEDURE Exceptions unnecessary, see rule 51, Title 18, Appendix, Crimes and Criminal Procedure. CROSS REFERENCES Form and admissibility of evidence, see rule 43. Harmless error, see rule 61. Objections to instructions, see rule 51. ------DocID 37314 Document 25 of 963------ -CITE- 28 USC APPENDIX - RULES OF THE SUPREME COURT Rule 46 -EXPCITE- TITLE 28 APPENDIX RULES OF THE SUPREME COURT OF THE UNITED STATES PART VIII -HEAD- Rule 46. Dismissing Cases -STATUTE- .1. Whenever all parties, at any stage of the proceedings, file with the Clerk an agreement in writing that a case be dismissed, specifying the terms with respect to the payment of costs, and pay to the Clerk any fees that may be due, the Clerk, without further reference to the Court, shall enter an order of dismissal. .2. (a) A petitioner or appellant in a case in this Court may file a motion to dismiss the case, with proof of service as prescribed by Rule 29, and must tender to the Clerk any fees and costs payable. An adverse party may, within 15 days after service thereof, file an objection, limited to the quantum of damages and costs in this Court alleged to be payable, or, in a proper case, to a showing that the moving party does not represent all petitioners or appellants. The Clerk will refuse to receive any objection not so limited. (b) When the objection goes to the standing of the moving party to represent the entire side, the party moving for dismissal, within 10 days thereafter, may file a reply, after which time the matter shall be submitted to the Court for its determination. (c) If no objection is filed, or if upon objection going only to the quantum of damages and costs in this Court, the party moving for dismissal, within 10 days thereafter, tenders the whole of such additional damages and costs demanded, the Clerk, without further reference to the Court, shall enter an order of dismissal. If, after objection as to the quantum of damages and costs in this Court, the moving party does not respond with a tender within 10 days, the Clerk shall report the matter to the Court for its determination. .3. No mandate or other process shall issue on a dismissal under this Rule without an order of the Court. ------DocID 37369 Document 26 of 963------ -CITE- 28 USC APPENDIX - RULES OF CLAIMS COURT Rule 46 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES CLAIMS COURT TITLE VI -HEAD- Rule 46. Exceptions Unnecessary -STATUTE- Formal exceptions to rulings or orders of the court are unnecessary; but for all purposes for which an exception has heretofore been necessary it is sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action which the party desires the court to take or the party's objection to the action of the court and the party's grounds therefor; and, if a party has no opportunity to object to a ruling or order at the time it is made, the absence of an objection does not thereafter prejudice the party. ------DocID 37477 Document 27 of 963------ -CITE- 28 USC APPENDIX - RULES OF THE COURT OF INTERNATIONAL TRADE Rule 46 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES COURT OF INTERNATIONAL TRADE TITLE VI -HEAD- Rule 46. Exceptions Unnecessary -STATUTE- Formal exceptions to rulings or orders of the court are unnecessary; but for all purposes for which an exception has heretofore been necessary it is sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action which the party desires the court to take or the party's objection to the action of the court and the grounds therefor; and, if a party has no opportunity to object to a ruling or order at the time it is made, the absence of an objection does not thereafter prejudice the party. -SOURCE- (As amended July 28, 1988, eff. Nov. 1, 1988.) ------DocID 38512 Document 28 of 963------ -CITE- 30 USC Sec. 46 -EXPCITE- TITLE 30 CHAPTER 2 -HEAD- Sec. 46. Additional land districts and officers -STATUTE- The President is authorized to establish additional land districts, and to appoint the necessary officers under existing laws, wherever he may deem the same necessary for the public convenience in executing the provisions of sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title and section 661 of title 43. -SOURCE- (R.S. Sec. 2343.) -REFTEXT- REFERENCES IN TEXT Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title and section 661 of title 43, referred to in text, were in the original 'this chapter', meaning chapter 6 of title 32 of the Revised Statutes, consisting of R.S. Sec. 2318 to 2352. -COD- CODIFICATION R.S. Sec. 2343 derived from act July 26, 1866, ch. 262, Sec. 7, 14 Stat. 252. -TRANS- DELEGATION OF FUNCTIONS For delegation to the Secretary of the Interior of authority vested in the President by this section, see Ex. Ord. No. 10250, June 5, 1951, 16 F.R. 5385, set out as a note under section 301 of Title 3, The President. -MISC5- SUBMERGED LANDS ACT Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of Title 43, Public Lands. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 24, 29, 33, 37, 38, 39, 40, 42, 47, 48, 102 of this title; title 16 section 460mm-1. ------DocID 39726 Document 29 of 963------ -CITE- 33 USC Sec. 46 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 46. Tchula Lake, Mississippi -STATUTE- Tchula Lake, in Holmes County, in the State of Mississippi, is declared to be a nonnavigable stream within the meaning of the Constitution and laws of the United States. The right of Congress to alter, amend, or repeal this section is expressly reserved. -SOURCE- (July 1, 1922, ch. 266, Sec. 1, 2, 42 Stat. 816.) -COD- CODIFICATION The two sentences comprising this section are, respectively, sections 1 and 2 of act July 1, 1922, entitled 'An act declaring Tchula Lake, Holmes County, Mississippi, to be a nonnavigable stream'. ------DocID 41182 Document 30 of 963------ -CITE- 36 USC Sec. 46 -EXPCITE- TITLE 36 CHAPTER 3 -HEAD- Sec. 46. Nonpolitical nature of corporation -STATUTE- The organization shall be nonpolitical and, as an organization, shall not promote the candidacy of any person seeking public office. -SOURCE- (Sept. 16, 1919, ch. 59, Sec. 6, 41 Stat. 285.) ------DocID 41993 Document 31 of 963------ -CITE- 36 USC CHAPTER 46 -EXPCITE- TITLE 36 CHAPTER 46 -HEAD- CHAPTER 46 - UNITED STATES HOLOCAUST MEMORIAL COUNCIL -MISC1- Sec. 1401. Council established; functions. 1402. Membership. (a) Composition of Council; appointment; vacancies. (b) Composition of initial Council; tenure. (c) Term of office. (d) Chairperson and Vice Chairperson; term of office; vacancies. (e) Reappointment. 1403. Compensation; travel expenses; full-time officers or employees of United States or Members of Congress. 1404. Administrative provisions. (a) Bylaws; quorum. (b) Experts and consultants. (c) Contract authority. (d) Assistance from other Federal departments and agencies. (e) Administrative services and support. 1405. Staff. (a) Executive Director. (b) Appointment of employees. 1406. Memorial museum. (a) Transfer or purchase of real property in District of Columbia. (b) Architectural design approval. (c) Termination of construction and operation authority. 1407. Gifts, bequests, and devises of property; tax treatment. 1408. Authorization of appropriations; construction restriction. 1409. Annual report. 1410. Audit of financial transactions. ------DocID 43592 Document 32 of 963------ -CITE- 38 USC APPENDIX - RULES OF COURT OF VETERANS APPEALS Rule 46 -EXPCITE- TITLE 38 APPENDIX -HEAD- Rule 46. Representation -STATUTE- (a) Admission of Attorneys to Practice. (1) General. A person of good moral character and repute who has been admitted to practice in the Supreme Court of the United States, or the highest court of any state, the District of Columbia, or a territory, possession, or commonwealth of the United States, and is in good standing therein, may be admitted to the bar of this Court upon application. (2) Application. An attorney at law may be admitted to the bar of the Court upon filing with the Clerk a completed application accompanied by the prescribed fee (payable by check or money order) and a current certificate from the clerk of the appropriate court showing that the applicant is a member in good standing of the bar of one of the courts named in subparagraph (1). A current court certificate is one executed within three months preceding the date of the filing of the application. (b) Admission of Non-attorney Practitioners to Practice. A non-attorney of good moral character and repute (1) under the direct supervision of an attorney admitted to the bar of the Court, or (2) employed by an organization which is chartered by Congress, is recognized by the Secretary of Veterans Affairs for claims representation, and provides a statement signed by the organization's chief executive officer certifying to the employee's: (A) understanding of the procedures and jurisdiction of the Court and of the nature, scope, and standards of its judicial review; and (B) proficiency to represent appellants before the Court may be admitted to practice before the Court upon filing with the Clerk a completed application accompanied by the prescribed fee (payable by check or money order). In making the certification in subparagraph (2), the chief executive officer should be aware that knowledge of and competence in veterans law and the administrative claims process does not in and of itself connote competence in appellate practice and procedure. (c) Appearance in a Particular Case. On motion and upon a showing of good cause, the Court may permit any attorney or a non-attorney representative to appear before the Court for the purposes of a particular case. (d) Appearance, Withdrawal, and Change of Address. (1) Appearance. No attorney or non-attorney practitioner may participate in any proceedings in any case unless that individual has entered an appearance. The signing of a pleading or motion, or the physical appearance at oral argument, by an attorney or non-attorney practitioner constitutes an appearance by that individual as the representative in the case. The appearance must be accompanied by filing and service on all parties of a written statement that the representative is representing a designated client or clients, giving the name, address, and telephone number of the representative, and signed by him or her. In the case of a non-attorney practitioner, the name, address, and signature of the responsible supervising attorney (subparagraph (b)(1) of this rule) or the identification of the employing organization (subparagraph (b)(2) of this rule) must appear on the Notice of Appearance. Appearances may not be made in the name of a law firm or other organization. See sample Notice of Appearance at Form 3 in the Appendix of Forms. (2) Withdrawal. A representative may not withdraw, leaving the client unrepresented, without the Court's permission upon motion and written notice to the client and all other parties who have appeared. The motion must describe the current or last known address or addresses of the client and the efforts made to notify the client of the motion to withdraw. The authority and duty of the representative will continue until he or she is relieved by order of the Court. Permission to withdraw may be granted subject to such conditions as the Court considers appropriate. This paragraph will not apply when a representative, without taking any other action, files a Notice of Appeal on behalf of an appellant under Rule 3(f). (3) Change of address. Each representative and each party appearing on his or her own behalf has a continuing duty to notify the Clerk and all other parties of any change of address or telephone number. Absent such notice, service of documents at the most recently provided address of that representative or party will be fully effective. (e) Appearance by Law Students. (1) An eligible law student, with the written consent of the appellant and his attorney of record, who must be a member of the bar of the Court, may appear in this Court. (2) An eligible law student may participate in the preparation of briefs and other documents to be filed in this Court, but such briefs or documents must be signed by the attorney of record. The student may also participate in oral argument with leave of the Court, but only in the presence of the attorney of record. The attorney of record shall assume personal professional responsibility for the law student's work and for supervising the quality of his or her work. The attorney should be familiar with the case and prepared to supplement or correct any written or oral statement made by the student. (3) In order to make an appearance pursuant to this rule, the student must: (A) be duly enrolled in a law school approved by the American Bar Association; (B) have completed legal studies amounting to at least four semesters, or the equivalent if studies are scheduled on other than a semester basis; (C) be certified by the dean of the law school as being of good character and competent legal ability. This certification must be filed with the Clerk and may be withdrawn at any time by the dean, upon written notice to the Clerk, or by the Court, without notice of hearing and without any showing of cause; (D) be introduced by the attorney of record in the case; (E) neither ask for nor receive any compensation or remuneration of any kind for his or her services from the person on whose behalf such services are rendered, but this will not prevent an attorney, legal aid bureau, law school, a state, or the United States from paying compensation to the eligible law student, nor will it prevent any agency from making such charges for its services as it may otherwise properly require; (F) certify in writing that he or she has read and is familiar with the code of professional responsibility or rules of professional conduct in effect in the state or jurisdiction in which the student's law school is located. (f) Self-representation. Any appellant may appear and present his or her own case before the Court. -SOURCE- (As amended Sept. 19, 1991, eff. Oct. 1, 1991.) ------DocID 43845 Document 33 of 963------ -CITE- 40 USC Sec. 46 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 46. Compensation of Chief of Engineers -STATUTE- The Chief of Engineers shall receive no compensation, other than his regular pay as an officer of the Corps of Engineers, for the services required of him under the provisions of title 21 of the Revised Statutes. -SOURCE- (R.S. Sec. 1807.) -REFTEXT- REFERENCES IN TEXT Title 21 of the Revised Statutes, referred to in text, was in the original 'this Title', meaning title 21 of the Revised Statutes, comprising R.S. Sec. 1795 to 1835, which were classified to sections 49 to 52 of former Title 3, The President, sections 6 and 7 of former Title 4, Flag and Seal, Seat of Government and the States, section 702 of former Title 18, Criminal Code and Criminal Procedure, and sections 8, 19, 20, 45 to 52, 54 to 58, 66, 102, 166, 170, 187 to 189, 193, 206, 207, 208, 210, 211, 215, 216, 218 to 221 of this title. Such sections 49 to 52 of former Title 3 were repealed by act June 25, 1948, ch. 644, Sec. 3, 62 Stat. 672, and are covered by sections 109 and 110 of revised Title 3. Such sections 6 and 7 of former Title 4 were repealed by act July 30, 1947, ch. 389, Sec. 2, 61 Stat. 645, and are covered by sections 71 and 72 of revised Title 4. Such section 702 of former Title 18 was repealed by act June 25, 1948, ch. 645, Sec. 21, eff. Sept. 1, 1948, as covered by D.C. Code, 1940, Sec. 24-416. Such sections 8, 20, and 218 to 220 of this title were repealed by act Oct. 31, 1951, ch. 654, Sec. 1(75)-(80), (82), 3(19)-(21), 65 Stat. 704, 709. Such sections 57, 58, and 221 of this title were omitted from the Code. See notes thereunder. -COD- CODIFICATION R.S. Sec. 1807 derived from act Mar. 3, 1859, ch. 84, Sec. 1, 11 Stat. 435. ------DocID 44622 Document 34 of 963------ -CITE- 41 USC Sec. 46 -EXPCITE- TITLE 41 CHAPTER 1 -HEAD- Sec. 46. Committee for Purchase from the Blind and Other Severely Handicapped -STATUTE- (a) Establishment There is established a committee to be known as the Committee for Purchase from the Blind and Other Severely Handicapped (hereafter in sections 46 to 48c of this title referred to as the 'Committee'). The Committee shall be composed of fifteen members appointed as follows: (1) The President shall appoint as a member one officer or employee from each of the following: The Department of Agriculture, the Department of Defense, the Department of the Army, the Department of the Navy, the Department of the Air Force, the Department of Health and Human Services, the Department of Commerce, the Veterans' Administration, the Department of Justice, the Department of Labor, and the General Services Administration. The head of each such department and agency shall nominate one officer or employee in his department or agency for appointment under this paragraph. (2)(A) The President shall appoint one member from persons who are not officers or employees of the Government and who are conversant with the problems incident to the employment of the blind. (B) The President shall appoint one member from persons who are not officers or employees of the Government and who are conversant with the problems incident to the employment of other severely handicapped individuals. (C) The President shall appoint one member from persons who are not officers or employees of the Government and who represent blind individuals employed in qualified nonprofit agencies for the blind. (D) The President shall appoint one member from persons who are not officers or employees of the Government and who represent severely handicapped individuals (other than blind individuals) employed in qualified nonprofit agencies for other severely handicapped individuals. (b) Vacancy A vacancy in the membership of the Committee shall be filled in the manner in which the original appointment was made. (c) Chairman The members of the Committee shall elect one of their number to be Chairman. (d) Terms (1) Except as provided in paragraphs (2), (3), and (4), members appointed under paragraph (2) of subsection (a) of this section shall be appointed for terms of five years. Any member appointed to the Committee under such paragraph may be reappointed to the Committee if he meets the qualifications prescribed by that paragraph. (2) Of the members first appointed under paragraph (2) of subsection (a) of this section - (A) one shall be appointed for a term of three years, (B) one shall be appointed for a term of four years, and (C) one shall be appointed for a term of five years, as designated by the President at the time of appointment. (3) Any member appointed under paragraph (2) of subsection (a) of this section to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. A member appointed under such paragraph may serve after the expiration of his term until his successor has taken office. (4) The member first appointed under paragraph (2)(B) of subsection (a) of this section shall be appointed for a term of three years. (e) Pay and travel expenses (1) Except as provided in paragraph (2), members of the Committee shall each be entitled to receive the daily equivalent of the annual rate of basic pay in effect for grade GS-18 of the General Schedule for each day (including traveltime) during which they are engaged in the actual performance of services for the Committee. (2) Members of the Committee who are officers or employees of the Government shall receive no additional pay on account of their service on the Committee. (3) While away from their homes or regular places of business in the performance of services for the Committee, members of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) (FOOTNOTE 1) of title 5. (FOOTNOTE 1) See References in Text note below. (f) Staff (1) Subject to such rules as may be adopted by the Committee, the Chairman may appoint and fix the pay of such personnel as the Committee determines are necessary to assist it in carrying out its duties and powers under sections 46 to 48c of this title. (2) Upon request of the Committee, the head of any entity of the Government is authorized to detail, on a reimbursable basis, any of the personnel of such entity to the Committee to assist it in carrying out its duties and powers under section 46 to 48c of this title. (3) The staff of the Committee appointed under paragraph (1) shall be appointed subject to the provisions of title 5 governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of such title 5 relating to classification and General Schedule pay rates. (g) Obtaining official data The Committee may secure directly from any entity of the Government information necessary to enable it to carry out sections 46 to 48c of this title. Upon request of the Chairman of the Committee, the head of such Government entity shall furnish such information to the Committee. (h) Administrative support services The Administrator of General Services shall provide to the Committee on a reimbursable basis such administrative support services as the Committee may request. (i) Annual report The Committee shall, not later than December 31 of each year, transmit to the President and to the Congress a report which shall include the names of the Committee members serving in the preceding fiscal year, the dates of Committee meetings in that year, a description of its activities under sections 46 to 48c of this title in that year, and any recommendations for changes in sections 46 to 48c of this title which it determines are necessary. -SOURCE- (June 25, 1938, ch. 697, Sec. 1, 52 Stat. 1196; June 23, 1971, Pub. L. 92-28, Sec. 1, 85 Stat. 77; July 25, 1974, Pub. L. 93-358, Sec. 1(1), (2), 88 Stat. 392, 393; Apr. 21, 1976, Pub. L. 94-273, Sec. 8(2), 90 Stat. 378; Oct. 17, 1979, Pub. L. 96-88, title V, Sec. 509(b), 93 Stat. 695.) -REFTEXT- REFERENCES IN TEXT Section 5703 of title 5, referred to in subsec. (e)(3), was amended generally by Pub. L. 94-22, Sec. 4, May 19, 1975, 89 Stat. 85, and, as so amended, does not contain a subsec. (b). -MISC2- AMENDMENTS 1976 - Subsec. (i). Pub. L. 94-273 substituted 'December 31' for 'September 30'. 1974 - Subsec. (a). Pub. L. 93-358, Sec. 1(1)(A), (B), substituted 'Committee for Purchase from Blind and Other Severely Handicapped' for 'Committee for Purchase of Products and Services of the Blind and Other Severely Handicapped' and 'fifteen' for 'fourteen' in provisions preceding par. (1). Subsec. (a)(2). Pub. L. 93-358, Sec. 1(1)(C), (D), struck out 'and other severely handicapped individuals' after 'employment of the blind' in subpar. (A), added subpar. (B), and redesignated former subpars. (B) and (C) as (C) and (D), respectively. Subsec. (d)(1). Pub. L. 93-358, Sec. 1(2)(A), substituted 'paragraphs (2), (3), and (4)' for 'paragraphs (2) and (3)'. Subsec. (d)(4). Pub. L. 93-358, Sec. 1(2)(B), added par. (4). 1971 - Pub. L. 92-28, in substituting subsecs. (a) to (i) for former paragraph, among other changes: renamed Committee on Purchases of Blind-made Products as Committee for Purchase of Products and Services of the Blind and Other Severely Handicapped; increased membership of Committee from seven to fourteen members; provided for appointments from Departments of Defense, Air Force, Health, Education, and Welfare, Justice, and Labor and from Veterans' Administration and General Services Administration; eliminated appointments from Treasury Department and Department of Interior; substituted appointment from Department of the Army for appointment from War Department; required one appointee to be also conversant with problems incident to employment of other severely handicapped individuals; substituted requirement that such appointment be from persons not officers or employees of the Government rather than that he be a private citizen; reenacted provision for Presidential appointment; substituted subsec. (e) pay and travel expenses provisions for former requirement for service of Committee members without additional compensation; incorporated in subsec. (c) provision for selection of a Chairman, substituting 'election' for 'designation'; and inserted provisions incorporated in subsecs. (a)(1) (for nomination by head of each department and agency of one officer or employee of the department or agency for appointment under par. (1)), (a)(2)(B), (C), (b), (d), and (f) to (i). -CHANGE- CHANGE OF NAME Reference to Veterans' Administration deemed to refer to Department of Veterans Affairs pursuant to section 10 of Pub. L. 100-527, set out as a Department of Veterans Affairs Act note under section 201 of Title 38, Veterans' Benefits. 'Department of Health and Human Services' substituted for 'Department of Health, Education, and Welfare' in subsec. (a)(1) pursuant to section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20, Education. -MISC4- EFFECTIVE DATE OF 1971 AMENDMENT Section 2 of Pub. L. 92-28 provided that: 'The amendment made by the first section of this Act (amending this section and sections 47 and 48 and enacting sections 48a to 48c of this title) shall take effect on the first day of the first month which begins more than thirty days after the date of enactment of this Act (June 23, 1971).' SHORT TITLE Act June 25, 1938, ch. 697, 52 Stat. 1196, as amended, which enacted this section and sections 47 to 48c of this title, is popularly known as the 'Wagner-O'Day Act'. REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 (title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5. -SECREF- ACT REFERRED TO IN OTHER SECTIONS The Wagner-O'Day Act is referred to in section 253 of this title; title 10 sections 2304, 2461; title 40 section 490c. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 47, 48a, 48b, 48c of this title; title 15 section 644. ------DocID 44779 Document 35 of 963------ -CITE- 42 USC Sec. 46 -EXPCITE- TITLE 42 CHAPTER 1 SUBCHAPTER I -HEAD- Sec. 46. Omitted -COD- CODIFICATION Section, which related to relocation of physicians and dentists, was from the First Supplemental National Defense Appropriation Act, 1944, act Dec. 23, 1943, ch. 380, title I, Sec. 101, 57 Stat. 617, and was not repeated in subsequent appropriation acts. ------DocID 45778 Document 36 of 963------ -CITE- 42 USC Sec. 300ff-46 -EXPCITE- TITLE 42 CHAPTER 6A SUBCHAPTER XXIV Part C subpart i -HEAD- Sec. 300ff-46. Reporting and partner notification -STATUTE- (a) Reporting The Secretary may not make a grant under section 300ff-41 of this title unless, with respect to testing for HIV disease, the State involved provides assurances satisfactory to the Secretary that the State will require that any entity carrying out such testing confidentially report to the State public health officer information sufficient - (1) to perform statistical and epidemiological analyses of the incidence in the State of cases of such disease; (2) to perform statistical and epidemiological analyses of the demographic characteristics of the population of individuals in the State who have the disease; and (3) to assess the adequacy of early intervention services in the State. (b) Partner notification The Secretary may not make a grant under section 300ff-41 of this title unless the State involved provides assurances satisfactory to the Secretary that the State will require that the public health officer of the State, to the extent appropriate in the determination of the officer, carry out a program of partner notification regarding cases of HIV disease. (c) Rules of construction An agreement made under this section may not be construed - (1) to require or prohibit any State from providing that identifying information concerning individuals with HIV disease is required to be submitted to the State; or (2) to require any State to establish a requirement that entities other than the public health officer of the State are required to make the notifications referred to in subsection (b) of this section. -SOURCE- (July 1, 1944, ch. 373, title XXVI, Sec. 2646, as added Aug. 18, 1990, Pub. L. 101-381, title III, Sec. 301(a), 104 Stat. 602.) -MISC1- STUDY REGARDING PARTNER NOTIFICATION Section 402 of Pub. L. 101-381 provided that: '(a) In General. - The Secretary shall conduct a study of programs of HIV partner notification for the purpose of determining - '(1) in the case of individuals who have been notified under such programs, the percentage of such individuals who undergo counseling and testing regarding HIV disease; '(2) in the case of such individuals who have undergone HIV testing, the number of such individuals determined through such tests to have HIV disease; '(3) the extent to which such programs have, in the case of such individuals, resulted in behavioral changes that are effective regarding the prevention of exposure to, and the transmission of, HIV disease; and '(4) the extent to which such programs represent a cost effective use of available HIV-related resources. '(b) Report. - Not later than 1 year after the date of enactment of this Act (Aug. 18, 1990), the Secretary of Health and Human Services shall complete the study required under subsection (a) and prepare and submit, to the appropriate committees of Congress, a report describing the findings made as a result of such study.' ------DocID 47815 Document 37 of 963------ -CITE- 42 USC CHAPTER 46 -EXPCITE- TITLE 42 CHAPTER 46 -HEAD- CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT -MISC1- Sec. 3701. Repealed. SUBCHAPTER I - OFFICE OF JUSTICE PROGRAMS 3711. Establishment of Office of Justice Programs. 3712. Duties and functions of Assistant Attorney General. (a) Specific, general and delegated powers. (b) Annual report to President and Congress. 3713. Omitted. SUBCHAPTER II - NATIONAL INSTITUTE OF JUSTICE 3721. Statement of purpose. 3722. National Institute of Justice. (a) Establishment; general authority of Attorney General over Institute. (b) Director of Institute; appointment by President; authority; restrictions. (c) Duties and functions. (d) Criminal and civil justice research. 3723. Authority for 100 per centum grants. 3724. Repealed. SUBCHAPTER III - BUREAU OF JUSTICE STATISTICS 3731. Statement of purpose. 3732. Bureau of Justice Statistics. (a) Establishment. (b) Appointment of Director; experience; authority; restrictions. (c) Duties and functions of Bureau. (d) Justice statistical collection, analysis, and dissemination. (e) Furnishing of information, data, or reports by Federal agencies. (f) Consultation with representatives of State and local government and judiciary. 3733. Authority for 100 per centum grants. 3734. Repealed. 3735. Use of data. SUBCHAPTER IV - ESTABLISHMENT OF BUREAU OF JUSTICE ASSISTANCE 3741. Establishment of Bureau of Justice Assistance. 3742. Duties and functions of Director. SUBCHAPTER V - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS 3750. Name of programs. PART A - DRUG CONTROL AND SYSTEM IMPROVEMENT GRANT PROGRAM 3751. Description of drug control and system improvement grant program. (a) Purpose of program. (b) Grants to States and units of local government; purposes of grants. (c) Program evaluation component; waiver. 3752. Eligibility. 3753. State applications. 3754. Grant limitations. (a) Cost of identified uses. (b) Administrative costs. (c) Participation in State and Local Task Force Program; use of grant. (d) Conduct of evaluation expenses. (e) Non-Federal portion costs. (f) Programs already receiving funds. 3755. Review of State applications. (a) Financial assistance upon approval of application or amendment. (b) Time limitation for approval; specific reasons for disapproval. (c) Limitation on use of grant funds for land acquisition or construction projects. (d) Reasonable notice and opportunity for reconsideration before final disapproval. 3756. Allocation and distribution of funds under formula grants. (a) States. (b) Units of local government. (c) Programs eligible. (d) Unneeded State allocated funds distributed to units of local government. (e) Funds not distributed. (f) Testing certain sex offenders for human immunodeficiency virus. 3757. State office. 3758. Distribution of grants to local government. 3759. Improvement of criminal justice records. (a) Percentage allocation of funds. (b) Includible improvements. (c) Guidelines. (d) Expenditures unwarranted in light of quality of criminal justice records. PART B - DISCRETIONARY GRANTS SUBPART 1 - GRANTS TO PUBLIC AND PRIVATE ENTITIES 3760. Purposes. 3761. Allocation of funds for grants. 3762. Limitation on use of discretionary grant funds. SUBPART 2 - GRANTS TO PUBLIC AGENCIES 3762a. Correctional options grants. (a) Authority to make grants. (b) Selection of grantees. (c) Consultations. 3762b. Allocation of funds; administrative provisions. (a) Allocation of funds. (b) Limit on grant share of cost. (c) Rules; report; request for applications. SUBPART 3 - GENERAL REQUIREMENTS 3763. Application requirements. 3764. Period of award. PART C - ADMINISTRATIVE PROVISIONS 3766. Evaluation. (a) Guidelines and comprehensive evaluations. (b) Criteria for selecting programs for review. (c) Annual report. 3766a. General provisions. 3766b. Reports. SUBCHAPTER VI - CRIMINAL JUSTICE FACILITY CONSTRUCTION: PILOT PROGRAM 3769. Authority for payments. 3769a. Eligibility. (a) Conditions. (b) Development of plan; limitation of assistance. 3769b. Application; approval; payment. (a) Terms and conditions of application. (b) Approval of application; criteria. (c) Amount of payment; limitation. (d) Amendment of application; approval. 3769c. Recapture provisions. 3769d. Clearinghouse on the construction and modernization of criminal justice facilities. (a) Functions; information. (b) Authority of Director. SUBCHAPTER VII - FBI TRAINING OF STATE AND LOCAL CRIMINAL JUSTICE PERSONNEL 3771. Training and manpower development. (a) Functions, powers, and duties of Director of Federal Bureau of Investigation. (b) General authority of Attorney General over Director. (c) Training programs for State and local personnel at Federal Training Center. 3772 to 3775. Omitted. SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS 3781. Repealed. 3782. Rules, regulations, and procedures; consultations and establishment. (a) General authorization of certain Federal agencies. (b) Continuing evaluation of selected programs or projects; cost, effectiveness, impact value, and comparative considerations; annual performance report; assessment of activity effectiveness; suspension of funds for nonsubmission of report. (c) Procedures for paperwork minimization and prevention of duplication and delays in award and expenditure of funds. 3783. Notice and hearing on denial or termination of grant. (a) Payments to recipients; limitation, reduction, or termination. (b) Notice of action; reasons for action; hearing or investigation; finality of findings and determinations; reasons in detail for action without hearing. (c) Rehearing; regulations and procedures; presentation of additional information. 3784. Finality of determinations. 3785. Appellate court review. (a) Jurisdiction of court of appeals; petition for review; time for filing, copies; record; objections before appropriate agency. (b) Determination by court of appeals: conclusiveness of findings; remand; conclusiveness of new or modified findings. (c) Determination by court of appeals; Supreme Court review. 3786. Delegation of functions. 3787. Subpoena power; employment of hearing officers; authority to hold hearings. 3788. Personnel and administrative authority. (a) Officers and employees of certain Federal agencies; employment; compensation. (b) Use of available services; reimbursement. (c) Other Federal agency performance of functions under this chapter; reimbursement. (d) Experts and consultants; compensation. (e) Advisory committees; compensation and travel expenses of committee members. (f) Payments; installments; advances or reimbursement; transportation and subsistence expenses for attendance at conferences or other assemblages. (g) Voluntary services; status as Federal employee; exceptions. 3789. Title to personal property. 3789a to 3789c. Repealed. 3789d. Prohibition of Federal control over State and local criminal justice agencies; prohibition of discrimination. (a) General rule. (b) Racial imbalance requirement restriction. (c) Discrimination prohibited; notice of non-compliance; suspension and restoration of payments; hearing; civil action by Attorney General; private action, attorney fees, intervention by Attorney General. 3789e. Report to President and Congress. 3789f. Other administrative provisions. (a) Recordkeeping requirement; scope of disclosure; other sources of funds. (b) Access to records for audit and examination. (c) Audit and examination period after completion of program or project. (d) Recipients of assistance subject to provisions of section. (e) Revolving fund for acquisition of stolen goods and property within Law Enforcement Assistance Administration. 3789g. Confidentiality of information. (a) Research or statistical information; immunity from process; prohibition against admission as evidence or use in any proceedings. (b) Criminal history information; disposition and arrest data; procedures for collection, storage, dissemination, and current status; security and privacy; availability for law enforcement, criminal justice, and other lawful purposes; automated systems: review, challenge, and correction of information. (c) Criminal intelligence systems and information; prohibition against violation of privacy and constitutional rights of individuals. (d) Violations; fine as additional penalty. 3789h. Repealed. 3789i. Administration of juvenile delinquency programs. 3789j. Prohibition on land acquisition. 3789k. Prohibition on use of Central Intelligence Agency services. 3789l. Indian liability waiver. 3789m. District of Columbia matching fund source. 3789n. Limitation on civil justice matters. 3789o. Repealed. SUBCHAPTER IX - DEFINITIONS 3791. General provisions. (a) Definitions. (b) Data basis for definitions; reflection of technical changes or modifications. (c) Designation of public agencies for undertaking a program or project. SUBCHAPTER X - FUNDING 3793. Authorization of appropriations. 3793a, 3793b. Repealed. SUBCHAPTER XI - CRIMINAL PENALTIES 3795. Misuse of Federal assistance. 3795a. Falsification or concealment of facts. 3795b. Conspiracy to commit offense against United States. SUBCHAPTER XII - PUBLIC SAFETY OFFICERS' DEATH BENEFITS 3796. Payment of death benefits. (a) Amount; recipients. (b) Benefits for permanent and total disability. (c) Interim benefit payment. (d) Deduction of interim payment. (e) Repayment of interim payment; waiver. (f) Reductions from final benefit payment. (g) Execution or attachment prohibited. (h) Consumer Price Index adjustment. (i) Amount payable determined as of date of death. (j) Limitations on benefits. 3796a. Limitations on benefits. 3796a-1. National programs for families of public safety officers who have died in line of duty. 3796b. Definitions. 3796c. Administrative provisions; rules, regulations, and procedures; use of State and local administrative and investigative assistance. SUBCHAPTER XII-A - REGIONAL INFORMATION SHARING SYSTEMS GRANTS 3796h. Regional information sharing systems grants. (a) Authority of Director. (b) Purposes. (c) Rules and regulations. SUBCHAPTER XII-B - GRANTS FOR CLOSED-CIRCUIT TELEVISING OF TESTIMONY OF CHILDREN WHO ARE VICTIMS OF ABUSE 3796aa. Function of Director. 3796aa-1. Description of grant program. 3796aa-2. Applications to receive grants. 3796aa-3. Review of applications. 3796aa-4. Allocation and distribution of funds under formula grants. (a) States. (b) Local governments. (c) Limitation upon use of funds. (d) Waiver. 3796aa-5. Reports. 3796aa-6. Expenditure of grants; records. (a) Identified uses. (b) Administration. (c) Records. 3796aa-7. State office. 3796aa-8. Definitions. SUBCHAPTER XII-C - RURAL DRUG ENFORCEMENT ASSISTANCE 3796bb. Rural drug enforcement assistance. 3796bb-1. Other requirements. SUBCHAPTER XIII - TRANSITION; EFFECTIVE DATE; REPEALER 3797. Continuation of rules, authorities, and proceedings. (a) Continuing status until otherwise affected. (b) Obligation by Director of National Institute of Justice of previously appropriated unused or reversionary funds for continuation of research and development projects or purposes of this chapter. (c) Obligation by Director of Bureau of Justice Statistics of pre-fiscal year 1980 appropriated funds for statistical projects or purposes of this chapter. (d) Obligation by Administrator of Law Enforcement Assistance Administration of previously appropriated unused or reversionary funds or presently appropriated funds for continuation of projects or purposes of this chapter. (e) Pending suits, actions, or other proceedings unaffected. (f) Appropriated funds available for audit matters and continuing programs and projects. (g) Transfer of personnel pursuant to performance-of-functions standard; determination of interim positions for Administrator and Deputy Administrators by Attorney General. (h) Unobligated funds of a State or unit of local government available for cost of any program or project. (i) State criminal justice council as the State planning agency for carrying out predecessor provisions. (j) Construction project funding for additional two years. -COD- CODIFICATION Title I of the Omnibus Crime Control and Safe Streets Act of 1968, comprising this chapter, was originally enacted by Pub. L. 90-351, June 19, 1968, 82 Stat. 197, and amended by Pub. L. 91-644, Jan. 2, 1971, 84 Stat. 1880; Pub. L. 93-83, Aug. 6, 1973, 87 Stat. 197; Pub. L. 93-415, Sept. 7, 1974, 88 Stat. 1109; Pub. L. 94-237, Mar. 19, 1976, 90 Stat. 241; Pub. L. 94-273, Apr. 21, 1976, 90 Stat. 375; Pub. L. 94-430, Sept. 29, 1976, 90 Stat. 1346; Pub. L. 94-503, Oct. 15, 1976, 90 Stat. 2407; Pub. L. 95-115, Oct. 3, 1977, 91 Stat. 1048. Such title is shown herein, however, as having been added by Pub. L. 96-157, Dec. 27, 1979, 93 Stat. 1167, without reference to such intervening amendments because of the extensive revision of the title's provisions by Pub. L. 96-157. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 5751, 10501 of this title. ------DocID 51017 Document 38 of 963------ -CITE- 43 USC Sec. 46 -EXPCITE- TITLE 43 CHAPTER 2 -HEAD- Sec. 46. Omitted -COD- CODIFICATION Section, act Oct. 12, 1949, ch. 680, title I, 63 Stat. 785, related to exchange of old freight carrying vehicles as part payment for new, was from the Interior Department Appropriation Act, 1950, and was not repeated in subsequent appropriation acts. -MISC3- SIMILAR PROVISIONS Similar provisions were contained in the following prior appropriation acts: June 29, 1948, ch. 754, 62 Stat. 1133. July 25, 1947, ch. 337, 61 Stat. 477. July 1, 1946, ch. 529, 60 Stat. 369. July 3, 1945, ch. 262, 59 Stat. 343. June 28, 1944, ch. 298, 58 Stat. 491. July 12, 1943, ch. 219, 57 Stat. 477. July 2, 1942, ch. 473, 56 Stat. 537. June 28, 1941, ch. 259, 55 Stat. 339. June 18, 1940, ch. 395, 54 Stat. 439. May 10, 1939, ch. 119, 53 Stat. 719. May 9, 1938, ch. 187, 52 Stat. 325. Aug. 9, 1937, ch. 570, 50 Stat. 598. June 22, 1936, ch. 691, 49 Stat. 1785. May 9, 1935, ch. 101, 49 Stat. 200. Mar. 2, 1934, ch. 38, 48 Stat. 382. Feb. 17, 1933, ch. 98, 47 Stat. 846. Apr. 22, 1932, ch. 125, 47 Stat. 118. Feb. 14, 1931, ch. 187, 46 Stat. 1147. May 14, 1930, ch. 273, 46 Stat. 310. Mar. 4, 1929, ch. 705, 45 Stat. 1594. Mar. 7, 1928, ch. 137, 45 Stat. 231. Jan. 12, 1927, ch. 27, 44 Stat. 961. May 10, 1926, ch. 277, 44 Stat. 486. Mar. 3, 1925, ch. 462, 43 Stat. 1172. June 5, 1924, ch. 264, 43 Stat. 419. Jan. 24, 1923, ch. 42, 42 Stat. 1208. May 24, 1922, ch. 199, 42 Stat. 586. ------DocID 52713 Document 39 of 963------ -CITE- 45 USC Sec. 44 to 46 -EXPCITE- TITLE 45 CHAPTER 1 -HEAD- Sec. 44 to 46. Transferred -COD- CODIFICATION Section 44, acts Feb. 23, 1905, ch. 744, Sec. 1, 33 Stat. 743; June 13, 1957, Pub. L. 85-50, Sec. 1(1), 71 Stat. 69, relating to awards for acts of heroism involving railroads or motor vehicles, was transferred to section 1201 of Title 49, Appendix, Transportation. Section 45, act Feb. 23, 1905, ch. 744, Sec. 2, 33 Stat. 743, relating to issuance of rosettes and ribbons, was transferred to section 1202 of Title 49, Appendix. Section 46, acts Feb. 23, 1905, ch. 744, Sec. 3, 33 Stat. 743; June 13, 1957, Pub. L. 85-50, Sec. 1(2), 71 Stat. 69, relating to authorization of appropriations for carrying out sections 44 and 45 of this title, was transferred to section 1203 of Title 49, Appendix. ------DocID 6994 Document 40 of 963------ -CITE- 2 USC Sec. 44 to 46 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 44 to 46. Omitted -COD- CODIFICATION Section 44, act May 7, 1906, ch. 2083, Sec. 1, 34 Stat. 170, authorized a mileage allowance to Delegate from Alaska, and was omitted from the Code as obsolete because Alaska was admitted into the Union with membership of one Representative in Congress on Jan. 3, 1959, upon issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1, 7 and 8 of Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions. Section 45, acts July 1, 1902, ch. 1369, Sec. 8, 32 Stat. 694; Aug. 29, 1916, ch. 416, Sec. 20, 39 Stat. 552, which authorized a mileage allowance to Resident Commissioners from Philippine Islands, and was formerly covered by section 1237 of Title 48, Territories and Insular Possessions, is no longer in force in view of the independence of the Philippine Islands effected by section 1394 of Title 22, Foreign Relations and Intercourse, and proclaimed by the President of the United States in Proc. No. 2695, July 4, 1946, 11 F.R. 7517, 60 Stat. 1352, set out as note under section 1394 of Title 22. Act Aug. 29, 1916, ch. 416, Sec. 20, 39 Stat. 552, from which section 45 of this title was derived, was repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 643. Section 46, acts Mar. 2, 1917, ch. 145, Sec. 36, 39 Stat. 963; May 17, 1932, ch. 190, 47 Stat. 158, allowed sum of $500 as mileage for each session to Resident Commissioner, and was omitted from the Code as superseded by section 43b-1 of this title. ------DocID 53140 Document 41 of 963------ -CITE- 46 USC Subtitle II -EXPCITE- TITLE 46 Subtitle II -HEAD- Subtitle II - Vessels and Seamen -MISC1- PART A - GENERAL PROVISIONS Chap. Sec. 21. General 2101 23. Operation of vessels generally 2301 PART B - INSPECTION AND REGULATION OF VESSELS 31. General 3101 33. Inspection generally 3301 35. Carriage of passengers 3501 37. Carriage of liquid bulk dangerous cargoes 3701 39. Carriage of animals 3901 41. Uninspected vessels generally 4101 43. Recreational vessels 4301 45. Fish processing vessels (FOOTNOTE 1) 4501 (FOOTNOTE 1) Chapter heading amended by Pub. L. 100-424 without corresponding amendment of subtitle analysis. PART C - LOAD LINES OF VESSELS 51. Load lines 5101 PART D - MARINE CASUALTIES 61. Reporting marine casualties 6101 63. Investigating marine casualties 6301 PART E - MERCHANT SEAMEN LICENSES, CERTIFICATES, AND DOCUMENTS 71. Licenses and certificates of registry 7101 73. Merchant mariners' documents 7301 75. General procedures for licensing, certification, and documentation 7501 77. Suspension and revocation 7701 PART F - MANNING OF VESSELS 81. General 8101 83. Masters and officers 8301 85. Pilots 8501 87. Unlicensed personnel 8701 89. Small vessel manning 8901 91. Tank vessel manning standards 9101 93. Great Lakes pilotage 9301 PART G - MERCHANT SEAMEN PROTECTION AND RELIEF 101. General 10101 103. Foreign and intercoastal voyages 10301 105. Coastwise voyages 10501 106. Fishing voyages 10601 107. Effects of deceased seamen 10701 109. Proceedings on unseaworthiness 10901 111. Protection and relief 11101 113. Official logbooks 11301 115. Offenses and penalties 11501 PART H - IDENTIFICATION OF VESSELS 121. Documentation of vessels 12101 123. Numbering undocumented vessels 12301 125. Vessel Identification System (FOOTNOTE 2) 12501 (FOOTNOTE 2) So in original. Only first word should be capitalized. PART I - STATE BOATING SAFETY PROGRAMS 131. Recreational boating safety 13101 PART J - MEASUREMENT OF VESSELS 141. General 14101 143. Convention measurement 14301 145. Regulatory measurement 14501 147. Penalties 14701 AMENDMENTS 1988 - Pub. L. 100-710, title I, Sec. 101(b), Nov. 23, 1988, 102 Stat. 4738, added item 125. Pub. L. 100-424, Sec. 6(b), Sept. 9, 1988, 102 Stat. 1592, added item 106. 1986 - Pub. L. 99-509, title V, Sec. 5101(1), Oct. 21, 1986, 100 Stat. 1913, inserted items for parts C and J. 1985 - Pub. L. 99-36, Sec. 1(a)(9)(A), May 15, 1985, 99 Stat. 67, substituted 'Merchant Seamen Licenses, Certifications, and' for 'Licenses, Certificates, and Merchant Mariners' ' in heading for part E. 1984 - Pub. L. 98-364, title IV, Sec. 402(7)(A), July 17, 1984, 98 Stat. 446, inserted 'generally' in item 41, reenacted item 43 without change, and added item 45. ------DocID 53141 Document 42 of 963------ -CITE- 46 USC Part A -EXPCITE- TITLE 46 Part A -HEAD- Part A - General Provisions -MISC1- HISTORICAL AND REVISION NOTES Part A contains general provisions that apply throughout the subtitle and provisions that apply generally to the operation of all vessels. -SECREF- PART REFERRED TO IN OTHER SECTIONS This part is referred to in section 14305 of this title. ------DocID 53142 Document 43 of 963------ -CITE- 46 USC CHAPTER 21 -EXPCITE- TITLE 46 Part A CHAPTER 21 -HEAD- CHAPTER 21 - GENERAL -MISC1- Sec. 2101. General definitions. 2102. Limited definitions. 2103. Superintendence of the merchant marine. 2104. Delegation. 2105. Report. 2106. Liability in rem. 2107. Civil penalty procedures. 2108. Refund of penalties. 2109. Public vessels. 2110. Fees. 2111. Pay for overtime services. 2112. Authority to change working hours. 2113. Authority to exempt certain vessels. 2114. Protection of seamen against discrimination. HISTORICAL AND REVISION NOTES Chapter 21 contains definitions that are general in nature and applicable to all references within Subtitle II - Vessels and Seamen. The chapter provides the basic authority and responsibility for the enforcement and administration of this subtitle with appropriate delegation and reporting requirements. AMENDMENTS 1990 - Pub. L. 101-508, title X, Sec. 10401(b), Nov. 5, 1990, 104 Stat. 1388-398, substituted 'Fees' for 'Fees prohibited' in item 2110. 1984 - Pub. L. 98-557, Sec. 13(b), Oct. 30, 1984, 98 Stat. 2864, added item 2114. ------DocID 53143 Document 44 of 963------ -CITE- 46 USC Sec. 2101 -EXPCITE- TITLE 46 Part A CHAPTER 21 -HEAD- Sec. 2101. General definitions -STATUTE- In this subtitle - (1) 'associated equipment' - (A) means - (i) a system, accessory, component, or appurtenance of a recreational vessel; or (ii) a marine safety article intended for use on board a recreational vessel; but (B) does not include radio equipment. (2) 'barge' means a non-self-propelled vessel. (3) 'Boundary Line' means a line established under section 2(b) of the Act of February 19, 1895 (33 U.S.C. 151). (3a) 'citizen of the United States' means a national of the United States as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)) or an individual citizen of the Trust Territory of the Pacific Islands who is exclusively domiciled in the Northern Mariana Islands within the meaning of section 1005(e) of the Covenant to establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America (48 U.S.C. 1681 note). (4) 'Coast Guard' means the organization established and continued under section 1 of title 14. (5) 'commercial service' includes any type of trade or business involving the transportation of goods or individuals, except service performed by a combatant vessel. (6) 'consular officer' means an officer or employee of the United States Government designated under regulations to grant visas. (7) 'crude oil' means a liquid hydrocarbon mixture occurring naturally in the earth, whether or not treated to render it suitable for transportation, and includes crude oil from which certain distillate fractions may have been removed, and crude oil to which certain distillate fractions may have been added. (8) 'crude oil tanker' means a tanker engaged in the trade of carrying crude oil. (8a) 'dangerous drug' means a narcotic drug, a controlled substance, or a controlled substance analog (as defined in section 102 of the Comprehensive Drug Abuse (FOOTNOTE 1) and Control Act of 1970 (21 U.S.C. 802)). (FOOTNOTE 1) So in original. Probably should be 'Abuse Prevention'. (9) 'discharge', when referring to a substance discharged from a vessel, includes spilling, leaking, pumping, pouring, emitting, emptying, or dumping, however caused. (10) 'documented vessel' means a vessel for which a certificate of documentation has been issued under chapter 121 of this title. (10a) 'Exclusive Economic Zone' means the zone established by Presidential Proclamation Numbered 5030, dated March 10, 1983. (11) 'fish' means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life, except marine mammals and birds. (11a) 'fishing vessel' means a vessel that commercially engages in the catching, taking, or harvesting of fish or an activity that can reasonably be expected to result in the catching, taking, or harvesting of fish. (11b) 'fish processing vessel' means a vessel that commercially prepares fish or fish products other than by gutting, decapitating, gilling, skinning, shucking, icing, freezing, or brine chilling. (11c) 'fish tender vessel' means a vessel that commercially supplies, stores, refrigerates, or transports fish, fish products, or materials directly related to fishing or the preparation of fish to or from a fishing, fish processing, or fish tender vessel or a fish processing facility. (12) 'foreign vessel' means a vessel of foreign registry or operated under the authority of a country except the United States. (13) 'freight vessel' means a motor vessel of more than 15 gross tons that carries freight for hire, except an oceanographic research vessel or an offshore supply vessel. (14) 'hazardous material' means a liquid material or substance that is - (A) flammable or combustible; (B) designated a hazardous substance under section 311(b) of the Federal Water Pollution Control Act (33 U.S.C. 1321); or (C) designated a hazardous material under section 104 of the Hazardous Materials Transportation Act (49 App. U.S.C. 1803); (14a) 'major conversion' means a conversion of a vessel that - (A) substantially changes the dimensions or carrying capacity of the vessel; (B) changes the type of the vessel; (C) substantially prolongs the life of the vessel; or (D) otherwise so changes the vessel that it is essentially a new vessel, as decided by the Secretary. (15) 'marine environment' means - (A) the navigable waters of the United States and the land and resources in and under those waters; (B) the waters and fishery resources of an area over which the United States asserts exclusive fishery management authority; (C) the seabed and subsoil of the outer Continental Shelf of the United States, the resources of the Shelf, and the waters superjacent to the Shelf; and (D) the recreational, economic, and scenic values of the waters and resources referred to in subclauses (A)-(C) of this clause. (15a) 'mobile offshore drilling unit' means a vessel capable of engaging in drilling operations for the exploration or exploitation of subsea resources. (16) 'motor vessel' means a vessel propelled by machinery other than steam. (17) 'nautical school vessel' means a vessel operated by or in connection with a nautical school or an educational institution under section 13 of the Coast Guard Authorization Act of 1986. (17a) 'numbered vessel' means a vessel for which a number has been issued under chapter 123 of this title. (18) 'oceanographic research vessel' means a vessel that the Secretary finds is being employed only in instruction in oceanography or limnology, or both, or only in oceanographic or limnological research, including those studies about the sea such as seismic, gravity meter, and magnetic exploration and other marine geophysical or geological surveys, atmospheric research, and biological research. (19) 'offshore supply vessel' means a motor vessel of more than 15 gross tons but less than 500 gross tons that regularly carries goods, supplies, or equipment in support of exploration, exploitation, or production of offshore mineral or energy resources and is not a small passenger vessel. (20) 'oil' includes oil of any type or in any form, including petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes except dredged spoil. (20a) 'overall in length' means - (A) for a foreign vessel or a vessel engaged on a foreign voyage, the greater of - (i) 96 percent of the length on a waterline at 85 percent of the least molded depth measured from the top of the keel (or on a vessel designed with a rake of keel, on a waterline parallel to the designed waterline); or (ii) the length from the fore side of the stem to the axis of the rudder stock on that waterline; and (B) for any other vessel, the horizontal distance of the hull between the foremost part of the stem and the aftermost part of the stern, excluding fittings and attachments. (21) 'passenger' - (A) on a passenger vessel, means an individual carried on the vessel except - (i) the master; or (ii) a crewmember or other individual engaged in the business of the vessel who has not contributed consideration for carriage on board the vessel. (B) on a small passenger vessel means an individual carried on the vessel except - (i) the owner or representative of the owner; (ii) the master or a crewmember engaged in the business of the vessel who has not contributed consideration for carriage and who is paid for services; (iii) an employee of the owner of the vessel engaged in the business of the owner, except when the vessel is operating under a demise charter; (iv) an employee of the demise charterer of the vessel engaged in the business of the demise charterer; (v) a guest on board a vessel being operated only for pleasure who has not contributed consideration for carriage on board; or (vi) an individual on board a towing vessel of at least 50 gross tons who has not contributed consideration for carriage on board. (C) on an offshore supply vessel, means an individual carried on the vessel except - (i) the owner; (ii) a representative of the owner; (iii) the master; (iv) a crewmember engaged in the business of the vessel who has not contributed consideration for carriage on board and who is paid for services on board; (v) an employee of the owner, or of a subcontractor to the owner, engaged in the business of the owner; (vi) a charterer of the vessel; (vii) a person with the same relationship to a charterer as a person in subclause (ii) or (v) of this subclause has to an owner; (viii) a person employed in a phase of exploration, exploitation, or production of offshore mineral or energy resources served by the vessel; or (ix) a guest who has not contributed consideration for carriage on board. (D) on an uninspected passenger vessel, means an individual carried on the vessel except - (i) the owner or representative of the owner; (ii) the managing operator; (iii) a crewmember engaged in the business of the vessel who has not contributed consideration for carriage on board and who is paid for services on board; or (iv) a guest on board a vessel that is being operated only for pleasure who has not contributed consideration for carriage on board. (E) on a fishing, fish processing, or fish tender vessel, means an individual transported on the vessel except - (i) the owner; (ii) a representative of the owner; (iii) the managing operator; (iv) the master; (v) a crewmember engaged in the business of the vessel who has not contributed consideration for transportation on board and who is paid for services on board; (vi) an employee of the owner, or of a subcontractor to the owner, engaged in the business of the owner; (vii) a charterer of the vessel; (viii) a person with the same relationship to a charterer as a person in subclause (ii) or (vi) of this subclause has to an owner; or (ix) a guest who has not contributed consideration for transportation on board. (F) on a sailing school vessel, means an individual carried on the vessel except - (i) the owner or representatives of the owner; (ii) the master or a crewmember engaged in the business of the vessel who has not contributed consideration for carriage and who is paid for services; (iii) an employee of the owner of the vessel engaged in the business of the owner, except when the vessel is operating under a demise charter; (iv) an employee of the demise charterer of the vessel engaged in the business of the demise charterer; (v) a guest on board the vessel who has not contributed consideration for carriage on board; or (vi) a sailing school instructor or sailing school student. (22) 'passenger vessel' means a vessel of at least 100 gross tons carrying at least one passenger for hire. (23) 'product carrier' means a tanker engaged in the trade of carrying oil except crude oil. (24) 'public vessel' means a vessel that - (A) is owned, or demise chartered, and operated by the United States Government or a government of a foreign country; and (B) is not engaged in commercial service. (25) 'recreational vessel' means a vessel - (A) being manufactured or operated primarily for pleasure; or (B) leased, rented, or chartered to another for the latter's pleasure. (26) 'recreational vessel manufacturer' means a person engaged in the manufacturing, construction, assembly, or importation of recreational vessels, components, or associated equipment. (27) 'sailing instruction' means teaching, research, and practical experience in operating vessels propelled primarily by sail and may include - (A) any subject related to that operation and to the sea, including seamanship, navigation, oceanography, other nautical and marine sciences, and maritime history and literature; and (B) only when in conjunction with a subject referred to in subclause (A) of this clause, instruction in mathematics and language arts skills to sailing school students having learning disabilities. (28) 'sailing school instructor' means an individual who is on board a sailing school vessel to provide sailing instruction, but does not include an operator or crewmember who is among those required to be on board the vessel to meet a requirement established under part F of this subtitle. (29) 'sailing school student' means an individual who is on board a sailing school vessel to receive sailing instruction. (30) 'sailing school vessel' means a vessel - (A) that is less than 500 gross tons; (B) carrying at least 6 individuals who are sailing school instructors or sailing school students; (C) principally equipped for propulsion by sail, even if the vessel has an auxiliary means of propulsion; and (D) owned or demise chartered, and operated by an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and exempt from tax under section 501(a) of that Code, or by a State or political subdivision of a State, during times that the vessel is operated by the organization, State, or political subdivision only for sailing instruction. (31) 'scientific personnel' means individuals on board an oceanographic research vessel only to engage in scientific research, or to instruct or receive instruction in oceanography or limnology. (32) 'seagoing barge' means a non-self-propelled vessel of at least 100 gross tons making voyages beyond the Boundary Line. (33) 'seagoing motor vessel' means a motor vessel of at least 300 gross tons making voyages beyond the Boundary Line. (34) 'Secretary', except in part H, means the head of the department in which the Coast Guard is operating. (35) 'small passenger vessel' means a vessel of less than 100 gross tons carrying more than 6 passengers (as defined in clause (21)(B) and (C) of this section). (36) 'State' means a State of the United States, Guam, Puerto Rico, the Virgin Islands, American Samoa, the District of Columbia, the Northern Mariana Islands, and any other territory or possession of the United States. (37) 'steam vessel' means a vessel propelled in whole or in part by steam, except a recreational vessel of not more than 40 feet in length. (38) 'tanker' means a self-propelled tank vessel constructed or adapted primarily to carry oil or hazardous material in bulk in the cargo spaces. (39) 'tank vessel' means a vessel that is constructed or adapted to carry, or that carries, oil or hazardous material in bulk as cargo or cargo residue, and that - (A) is a vessel of the United States; (B) operates on the navigable waters of the United States; or (C) transfers oil or hazardous material in a port or place subject to the jurisdiction of the United States. (40) 'towing vessel' means a commercial vessel engaged in or intending to engage in the service of pulling, pushing, or hauling along side, or any combination of pulling, pushing, or hauling along side. (41) 'undocumented' means not having and not required to have a document issued under chapter 121 of this title. (42) 'uninspected passenger vessel' means an uninspected vessel carrying not more than 6 passengers. (43) 'uninspected vessel' means a vessel not subject to inspection under section 3301 of this title that is not a recreational vessel. (44) 'United States', when used in a geographic sense, means the States of the United States, Guam, Puerto Rico, the Virgin Islands, American Samoa, the District of Columbia, the Northern Mariana Islands, and any other territory or possession of the United States. (45) 'vessel' has the same meaning given that term in section 3 of title 1. (46) 'vessel of the United States' means a vessel documented or numbered under the laws of the United States or titled under the law of a State. (47) 'vessel of war' means a vessel - (A) belonging to the armed forces of a country; (B) bearing the external marks distinguishing vessels of war of that country; (C) under the command of an officer commissioned by the government of that country and whose name appears in the appropriate service list or its equivalent; and (D) staffed by a crew under regular armed forces discipline. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 501; Pub. L. 98-364, title IV, Sec. 402(1), July 17, 1984, 98 Stat. 445; Pub. L. 98-454, title III, Sec. 301(a), Oct. 5, 1984, 98 Stat. 1734; Pub. L. 98-557, Sec. 34(a), Oct. 30, 1984, 98 Stat. 2876; Pub. L. 99-307, Sec. 1(1), (2), May 19, 1986, 100 Stat. 444; Pub. L. 99-509, title V, Sec. 5102(b)(1), Oct. 21, 1986, 100 Stat. 1926; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 99-640, Sec. 10(b)(1), 11(a), 13(d), Nov. 10, 1986, 100 Stat. 3549-3551; Pub. L. 100-239, Sec. 6(a)(1), Jan. 11, 1988, 101 Stat. 1781; Pub. L. 100-424, Sec. 8(c)(1), Sept. 9, 1988, 102 Stat. 1593; Pub. L. 100-710, title I, Sec. 104(a)(1), (2), Nov. 23, 1988, 102 Stat. 4749; Pub. L. 101-225, title II, Sec. 209, Dec. 12, 1989, 103 Stat. 1913; Pub. L. 101-380, title IV, Sec. 4103(a)(2)(A), Aug. 18, 1990, 104 Stat. 511; Pub. L. 101-595, title VI, Sec. 603(1), Nov. 16, 1990, 104 Stat. 2993.) -MISC1- HISTORICAL AND REVISION NOTES A number of definitions are provided because of the need to define jurisdictional and applicability limits of various sections to the many types and classes of vessels. --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 2101(1) 46:1452(8) 2101(2) 2101(3) 2101(4) 14:1 2101(5) 46:391a(2)(H) 2101(6) 2101(7) 46:391a(2)(S) 2101(8) 46:391a(2)(N) 2101(9) 46:391a(2)(A) 2101(10) 46:65(1) 2101(11) 46:65(2) 2101(12) 46:391a(2)(B) 46:597 46:599 2101(13) 46:404 46:390(e) 2101(14) 46:391a(2)(C) 2101(15) 46:391a(2)(D) 2101(16) 46:361 46:367 46:404 2101(17) 46:404 46:1295f(c) 46:1295g(e)(1) 2101(18) 46:441(1) 2101(19) 46:404-1(1) 2101(20) 46:391a(2)(E) 2101(21) 46:390(a) 46:404-1(4) 46:1452(5) 2101(22) 46:391(c) 2101(23) 46:391a(2)(O) 2101(24) 46:391a(2)(G) 2101(25) 46:1452(1)(A), (B) 2101(26) 46:1452(7) 2101(27) 46:390(f) 2101(28) 46:390(h) 2101(29) 46:390(i) 2101(30) 46:390(g) 2101(31) 46:441(2) 2101(32) 46:395(e) 2101(33) 46:367 2101(34) 33:151 46:216(b) 46:239a(b) 46:390(d) 46:391a(2)(I) 46:405(b)(1)(A) 46:481(a) 46:672(a) 46:1452(9) 2101(35) 46:390(b) 2101(36) 2101(37) 46:361 2101(38) 46:391a(2)(M) 2101(39) 46:391a(3) 2101(40) 46:405 2101(41) 46:1452(3) 2101(42) 46:1452(1)(C) 2101(43) 46:526 2101(44) 2101(45) 1:3 46:1452(2) 2101(46) 46:391a(2)(L) ------------------------------- Section 2101(1) defines the type of 'associated equipment' that is involved in the use of recreational boats that are subject to Federal regulatory authority. This equipment is subject to a number of controls under federally established construction and performance standards. Radio equipment is exempt from these regulatory controls, since this equipment continues to be regulated by the Federal Communications Commission. Section 2101(2) defines 'barge' as a vessel that is non-self-propelled and that is often pushed ahead, towed alongside, or towed astern on a hawser by a towing vessel. It does not include a vessel that is propelled by sail only. Section 2101(3) defines 'boundary line' for the establishment of jurisdictional parameters for various maritime safety laws. Public Law 96-324, codified at 33 U.S.C. 151, permits the Secretary to establish appropriate identifiable lines dividing inland waters of the U.S. from the high seas for the purpose of determining the applicability of these laws. These laws will now be included within subtitle II of title 46 - Shipping. These lines may not be located more than twelve nautical miles seaward of the baseline from which the territorial sea is measured and may differ in position for the purposes of different parts or sections of subtitle II. Section 2101(4) defines 'Coast Guard'. Section 2101(5) provides that wherever the term 'commercial service' is used it is to include all vessels except those that are primarily used for combatant purposes. This is to make sure that vessels that are engaged in the transportation of goods or individuals are subject to the applicable maritime and environmental safety laws, even if they are sovereign controlled vessels. Section 2101(6) defines 'consular officer' as one who has authority to issue visas. Traditionally this person is knowledgeable and familiar with the maritime safety and seamen's welfare laws. Section 2101(7) defines 'crude oil' because certain equipment requirements like inert gas systems, segregated ballast tanks, crude oil washing systems or special ballast arrangements are applicable only to tank vessels that carry crude oil. Crude oil is still included within the definition of 'hazardous material' and 'oil'. Section 2101(8) defines a 'crude oil tanker' as one engaged in carrying crude oil. The definition does not include a tank barge since a tanker is defined as a self-propelled tank vessel. See also 2101(38). Section 2101(9) makes it clear that the term 'discharge' when referring to a substance that emanates from a vessel and is related to the marine environmental laws concerning pollution by oil or hazardous substances. Section 2101(10) defines a 'documented vessel' as any vessel of the United States that has been issued a certificate of documentation that might include a register, enrollment, license, or enrollment and license for various trades. Section 2101(11) lists what is included in the term 'fisheries' for the purpose of documentation of vessels and is intended to be all-inclusive of the numerous types of fishing activities. Section 2101(12) defines 'foreign vessel' as any foreign flag or foreign operated vessel that is operated under the jurisdiction or authority of a government other than the United States. Section 2101(13) defines a 'freight vessel' as a motor vessel or any vessel propelled by diesel or other internal combustion engines and that carries freight for hire. Section 2101(14) defines 'hazardous materials' as a broad range of materials that are not only flammable or combustible but are also designated under related maritime safety and environmental laws. Section 2101(15) defines 'marine environment' as an all-inclusive term that was developed to cover land and water areas that could be affected by pollution from all vessels and not only tank vessels. Section 2101(16) defines 'motor vessel' as a vessel propelled by machinery other than steam to make it clear that these vessels are not steam vessels. Section 2101(17) defines 'nautical school vessel' as a vessel that can be a privately owned and operated as well as a publicly owned and operated school vessel. Section 2101(18) defines 'oceanographic research vessel' as a vessel employed in oceanography or limnology research or instruction. It is defined because this type of vessel, while not inspected and certified as such, is subject to a number of special statutory and regulatory requirements. Section 2101(19) defines 'offshore supply vessel' as a class of vessel that is limited by tonnage and its employment in the mineral and oil industry and while so employed it is not a small passenger vessel. Section 2101(20) defines 'oil' to include oil of any type, in any form, or in any mixture. This is the definition that originated with marine environment and pollution laws and continues the definition that was adopted by port and tanker safety laws. Section 2101(21) defines the term 'passengers' in relation to various types of vessels. Due to the complexity of existing laws with respect to the definitions of 'passenger' on various categories of vessels and the need to not make any changes of a substantive nature that could be construed as controversial, four definitions of 'passenger' have been included. Section 2101(22) defines 'passenger vessel' as one that is at least 100 gross tons and carries at least one passenger for hire. Section 2101(23) defines 'product carrier' as a tanker that is engaged in carrying oil. This definition when read with the definition of tanker means that it is a self-propelled vessel. A tank barge carrying oil products is a tank vessel but is not subject to the special standards or requirements for a product carrier. Section 2101(24) defines a 'public vessel' as a governmental vessel that is not in commercial service. It should be noted that a sovereign-controlled foreign-flag vessel that is engaged in commercial service is not a public vessel and is subject to maritime safety and environment laws. Section 2101(25) defines a 'recreational vessel' as a class of vessel whose primary purpose is for pleasure. These vessels while not subject to inspection are subject to certain requirements of law to improve boating safety. Section 2101(26) defines a 'recreational vessel manufacturer' as one that is involved with not only the recreational vessels themselves but also with their components or associated equipment. Section 2101(27), (28), (29), and (30) provides a number of definitions that define the type of instruction, instructor, student, and vessel that is involved in the teaching of sailing. Section 2101(31) defines 'scientific personnel' as individuals engaged in oceanography or limnology because they are specially treated under various maritime safety requirements. Section 2101(32) defines a 'seagoing barge' as a vessel that is at least 100 gross tons making voyages to sea beyond the boundary line. Section 2101(33) defines a 'seagoing motor vessel' as a vessel that must be a motor vessel, as defined in 2101(15), of at least 300 gross tons making voyages to sea beyond the boundary line. Section 2101(34) defines 'Secretary' so that maritime safety and seamen's welfare jurisdiction remains within the Coast Guard at all times. Section 2101(35) defines 'small passenger vessel' as one that is less than 100 gross tons carrying more than six passengers as defined in section 2101(21). Section 2101(36) defines 'State' as a State, territory or possession of the United States and is used to establish jurisdictional limits for the application of the various maritime safety and environmental safety laws of this subtitle. This definition is further limited by definitions in section 2102 that relate to recreational boating safety and facility improvement programs. Section 2101(37) defines a 'steam vessel' as a vessel propelled by steam. However, steam vessels of not more than 40 feet that are used exclusively for pleasure are not included. Section 2101(38) defines 'tanker' as a self-propelled tank vessel that has been constructed or primarily adapted to carry oil or hazardous material in bulk in the cargo spaces. This vessel is a subclass of tank vessel, which is defined in section 2101(39). This subclass definition is necessary because certain statutory minimum requirements that are consistent with internationally accepted standards are solely applicable to these vessels. Section 2101(39) defines a 'tank vessel' as a vessel carrying oil or hazardous materials in bulk or residue including a tanker as defined in section 2101(38). Section 2101(40) defines 'towing vessel' as a vessel in commercial service that pushes, pulls, or tows alongside and includes what is traditionally known as a tug. Section 2101(41) defines 'undocumented' which, in part, facilitates the classification of vessels that may be numbered by the proper issuing authority in a State. Section 2101(42) defines an 'uninspected passenger vessel' as a vessel carrying six or less passengers. Section 2101(43) defines an 'uninspected vessel' as a vessel not subject to inspection and certification by the Coast Guard under section 3301. Recreational vessels and inland towing vessels are typical uninspected vessels. Section 2101(44) defines 'United States' to establish geographical boundaries for the applicability of the various maritime safety and environmental safety laws of this subtitle. This definition is further limited by definitions in section 2102 that relate to recreational boating safety and facility improvement programs. Section 2101(45) makes it clear that 'vessel' as used in this subtitle has the same meaning as is provided in section 3 of title 1, of the U.S.C. Section 2101(46) defines 'vessel of the United States' as a vessel that is documented or numbered under the laws of the United States. A documented vessel and those vessels that are numbered by a State or Federal authority are afforded the protection of the laws of the United States. -REFTEXT- REFERENCES IN TEXT Presidential Proclamation Numbered 5030, referred to in par. (10a), is set out under section 1453 of Title 16, Conservation. Section 13 of the Coast Guard Authorization Act of 1986, referred to in par. (17), 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. -MISC2- AMENDMENTS 1990 - Par. (8a). Pub. L. 101-380 added par. (8a). Par. (14)(C). Pub. L. 101-595 substituted '(49 App. U.S.C. 1803)' for '(49 U.S.C. 1803)'. 1989 - Par. (17a). Pub. L. 101-225 added par. (17a). 1988 - Par. (10a). Pub. L. 100-239 added par. (10a). Par. (14a). Pub. L. 100-424 added par. (14a). Par. (34). Pub. L. 100-710, Sec. 104(a)(1), inserted ', except in part H,' before 'means'. Par. (46). Pub. L. 100-710, Sec. 104(a)(2), inserted 'or titled under the law of a State' before period at end. 1986 - Par. (11b). Pub. L. 99-640, Sec. 10(b)(1), inserted 'freezing,'. Par. (14)(C). Pub. L. 99-307, Sec. 1(1), substituted 'Materials' for 'Material'. Par. (15a). Pub. L. 99-640, Sec. 11(a), added par. (15a). Par. (17). Pub. L. 99-640, Sec. 13(d), inserted 'or an educational institution under section 13 of the Coast Guard Authorization Act of 1986'. Par. (20a). Pub. L. 99-509, Sec. 5102(b)(1)(A), added par. (20a). Par. (21)(A)(ii). Pub. L. 99-307, Sec. 1(2)(A), inserted 'or other individual engaged in the business of the vessel who has not contributed consideration for carriage on board the vessel' after 'crewmember'. Par. (21)(B). Pub. L. 99-307, Sec. 1(2)(D), struck out 'or a sailing school vessel,' after 'passenger vessel'. Par. (21)(B)(v) to (vii). Pub. L. 99-307, Sec. 1(2)(B), added cls. (v) and (vi) and struck out former cls. (v) to (vii) which read as follows: '(v) a guest on board a vessel that is being operated only for pleasure, or a guest on board a sailing school vessel, who has not contributed consideration for carriage on board; '(vi) an individual on board a towing vessel of at least 50 gross tons who has not contributed consideration for carriage on board; or '(vii) a sailing school instructor or sailing school student.' Par. (21)(F). Pub. L. 99-307, Sec. 1(2)(C), added subpar. (F). Par. (30)(D). Pub. L. 99-514 substituted 'Internal Revenue Code of 1986' for 'Internal Revenue Code of 1954'. Par. (47). Pub. L. 99-509, Sec. 5102(b)(1)(B), added par. (47). 1984 - Par. (3a). Pub. L. 98-454 added par. (3a). Par. (11). Pub. L. 98-364, Sec. 402(1)(A), substituted ' 'fish' means finfish, mollusks, crustaceans, and all other forms of marine animal and plant lift, except marine mammals and birds' for ' 'fisheries' includes planting, cultivating, catching, taking, or harvesting fish, shellfish, marine animals, pearls, shells, or marine vegetation at a place in the fishery conservation zone established by section 101 of the Magnuson Fishery Conservation and Management Act of 1976 (16 U.S.C. 1811)', which is now covered in section 12101 of this title. Pars. (11a) to (11c). Pub. L. 98-364, Sec. 402(1)(B), added pars. (11a) to (11c). Par. (21)(B). Pub. L. 98-557, Sec. 34(a)(1), inserted reference to a sailing school vessel in provisions preceding cl. (i). Par. (21)(E). Pub. L. 98-364, Sec. 402(1)(C), added subpar. (E). Par. (27). Pub. L. 98-557, Sec. 34(a)(2), designated existing provisions as subpar. (A) and added subpar. (B). EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-710 effective Jan. 1, 1989, with certain exceptions and qualifications, see section 107 of Pub. L. 100-710, set out as an Effective Date note under section 30101 of this title. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters. SHORT TITLE OF 1990 AMENDMENT Section 601 of title VI of Pub. L. 101-595 provided that: 'This title (amending this section and sections 2102, 3302, 4502, 5102, 5114, 8103, 8104, 8702, 12109, 12501, 12503, 12505, and 31308 of this title, repealing sections 4104, 5115, 8105, and 14102 of this title, and enacting provisions set out as notes under sections 4502 and 7306 of this title) may be cited as the 'Aleutian Trade Act of 1990'.' SHORT TITLE OF 1988 AMENDMENTS Section 1 of Pub. L. 100-424 provided that: 'This Act (enacting chapter 106 and sections 4505 to 4508 and 6104 of this title, amending this section and sections 3102, 3701, 4101, 4102, 4501 to 4504, and 6103 of this title, repealing sections 531 to 534 of the Appendix to this title, and enacting provisions set out as notes under sections 4501, 4502, 4508, and 7101 of this title) may be cited as the 'Commercial Fishing Industry Vessel Safety Act of 1988'.' Section 1 of Pub. L. 100-239 provided that: 'This Act (enacting section 8704 of this title, amending this section, sections 8103, 8702, 12101, 12102, 12106 to 12108 of this title, sections 251 and 883 of the Appendix to this title, and section 1802 of title 16, Conservation, and enacting provisions set out as notes under sections 8103, 8704, 12102, 12105, and 12108 of this title and section 883 of the Appendix of this title) may be cited as the 'Commercial Fishing Industry Vessel Anti-Reflagging Act of 1987'.' SHORT TITLE OF 1984 AMENDMENT Section 401 of title IV of Pub. L. 98-364 provided that: 'This title (enacting sections 4501 to 4504, and 7311a of this title, amending this section and sections 3301, 3302, 3304, 3306, 3702, 7111, 7301, 7306, 7312, 8102, 8104, 8701, 8702, 10101, 11108, 11109, and 12101 of this title and enacting provisions set out as a note under section 3302 of this title) may be cited as the 'Commercial Fishing Industry Vessel Act'.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2102 of this title; sections 121, 446c, 808, 808a, 1160, 1807 of Appendix to this title; title 8 section 1184; title 15 section 2052; title 16 section 1383a; title 33 sections 1225, 1321, 2602, 2732; title 42 section 7511b. ------DocID 53144 Document 45 of 963------ -CITE- 46 USC Sec. 2102 -EXPCITE- TITLE 46 Part A CHAPTER 21 -HEAD- Sec. 2102. Limited definitions -STATUTE- (a) In chapters 37, 43, 51, and 123 of this title and part I of this subtitle - (1) 'eligible State' means a State that has a State recreational boating safety program accepted by the Secretary. (2) 'State' and 'United States', in addition to their meanings under section 2101(36) and (44) of this title, include the Trust Territory of the Pacific Islands. (3) 'State recreational boating safety program' means education, assistance, and enforcement activities conducted for marine casualty prevention, reduction, and reporting for recreational boating. (b) In chapters 33, 45, 51, 81, and 87 of this title, 'Aleutian trade' means the transportation of cargo (including fishery related products) for hire on board a fish tender vessel to or from a place in Alaska West of 153 degrees west longitude and east of 172 degrees East longitude, if that place receives weekly common carrier service by water, to or from a place in the United States (except a place in Alaska). -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 505; Pub. L. 98-369, div. A, title X, Sec. 1011(a), July 18, 1984, 98 Stat. 1013; Pub. L. 99-509, title V, Sec. 5102(b)(2), Oct. 21, 1986, 100 Stat. 1926; Pub. L. 101-595, title VI, Sec. 602(a), Nov. 16, 1990, 104 Stat. 2990.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 2102 46:1452(10)-(14) ------------------------------- Section 2102 contains a number of definitions that are limited to recreational vessels in Chapter 43 of Part B and the numbering of these vessels in Chapter 123 of Part H. AMENDMENTS 1990 - Pub. L. 101-595 designated existing provisions as subsec. (a) and added subsec. (b). 1986 - Pub. L. 99-509 inserted reference to chapters 37 and 51. 1984 - Par. (1). Pub. L. 98-369, Sec. 1011(a)(1), struck out 'and facilities improvement' after 'recreational boating safety'. Par. (3). Pub. L. 98-369, Sec. 1011(a)(2), (3), redesignated par. (5) as (3) and struck out former par. (3) which defined a State recreational boating facilities improvement program. Par. (4). Pub. L. 98-369, Sec. 1011(a)(2), struck out par. (4) which defined State recreational boating safety and facilities improvement program. Par. (5). Pub. L. 98-369, Sec. 1011(a)(3), redesignated par. (5) as (3). EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-369 effective Oct. 1, 1984, to apply with respect to fiscal years beginning after Sept. 30, 1984, see section 1013 of Pub. L. 98-369, set out as a note under section 13101 of this title. ------DocID 53145 Document 46 of 963------ -CITE- 46 USC Sec. 2103 -EXPCITE- TITLE 46 Part A CHAPTER 21 -HEAD- Sec. 2103. Superintendence of the merchant marine -STATUTE- The Secretary has general superintendence over the merchant marine of the United States and of merchant marine personnel insofar as the enforcement of this subtitle is concerned and insofar as those vessels and personnel are not subject, under other law, to the supervision of another official of the United States Government. In the interests of marine safety and seamen's welfare, the Secretary shall enforce this subtitle and shall carry out correctly and uniformly administer this subtitle. The Secretary may prescribe regulations to carry out the provisions of this subtitle. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 506; Pub. L. 99-307, Sec. 9, May 19, 1986, 100 Stat. 447.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 2103 46:2 46:372 46:689 ------------------------------- Section 2103 provides the Secretary with the authority to superintend the merchant marine and those involved personnel insofar as the vessels and personnel are not subject, under other laws, to the supervision of another official. The Secretary has the duty to enforce the laws with respect to vessels and seamen and to carry out correctly and uniformly these laws and regulations. The term 'superintendence' is used to indicate the Secretary's broad responsibility for overseeing maritime safety and seamen's welfare, including employment, shipping, navigation, and protection of the marine environment. AMENDMENTS 1986 - Pub. L. 99-307 substituted 'subtitle. The Secretary may prescribe regulations to carry out the provisions of this subtitle' for 'subtitle and regulations prescribed under this subtitle'. ------DocID 53146 Document 47 of 963------ -CITE- 46 USC Sec. 2104 -EXPCITE- TITLE 46 Part A CHAPTER 21 -HEAD- Sec. 2104. Delegation -STATUTE- (a) The Secretary may delegate the duties and powers conferred by this subtitle to any officer, employee, or member of the Coast Guard, and may provide for the subdelegation of those duties and powers. (b) When this subtitle authorizes an officer or employee of the Customs Service to act in place of a Coast Guard official, the Secretary may designate that officer or employee subject to the approval of the Secretary of the Treasury. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 506.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 2104 46:65v(1) 46:382b 46:416 46:543 46:689 ------------------------------- Section 2104 provides the Secretary with authority to delegate duties and powers to others. It also contains the authority to designate an officer or employee of the United States Customs Service to act in the place of a Coast Guard official. ------DocID 53147 Document 48 of 963------ -CITE- 46 USC Sec. 2105 -EXPCITE- TITLE 46 Part A CHAPTER 21 -HEAD- Sec. 2105. Report -STATUTE- The Secretary shall provide for the investigation of the operation of this subtitle and of all laws related to marine safety, and shall require that a report be made to the Secretary annually about those matters that may require improvement or amendment. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 506.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 2105 46:4 ------------------------------- Section 2105 requires the Secretary to investigate the operation of this subtitle and all laws related to maritime safety and requires appropriate reports to ensure that the Secretary is attentive to all the shipping laws under the Secretary's superintendence. ------DocID 53148 Document 49 of 963------ -CITE- 46 USC Sec. 2106 -EXPCITE- TITLE 46 Part A CHAPTER 21 -HEAD- Sec. 2106. Liability in rem -STATUTE- When a vessel is made liable in rem under this subtitle, the vessel may be libeled and proceeded against in a district court of the United States in which the vessel is found. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 506.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 2106 46:170(14) 46:216e(e) 46:390d 46:391a(14)(C) 46:436 46:462 46:481(c) 46:497 46:526o 46:672(j) 46:1484(b) ------------------------------- Section 2106 provides that when a vessel is made liable in rem the vessel may be libeled and proceeded against in a United States district court. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Admiralty and maritime rules of practice (which included libel procedures) were superseded, and civil and admiralty procedures in United States district courts were unified, effective July 1, 1966, see rule 1 and Supplemental Rules for Certain Admiralty and Maritime Claims, Title 28, Appendix, Judiciary and Judicial Procedure. ------DocID 53149 Document 50 of 963------ -CITE- 46 USC Sec. 2107 -EXPCITE- TITLE 46 Part A CHAPTER 21 -HEAD- Sec. 2107. Civil penalty procedures -STATUTE- (a) After notice and an opportunity for a hearing, a person found by the Secretary to have violated this subtitle or a regulation prescribed under this subtitle for which a civil penalty is provided, is liable to the United States Government for the civil penalty provided. The amount of the civil penalty shall be assessed by the Secretary by written notice. In determining the amount of the penalty, the Secretary shall consider the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other matters that justice requires. (b) The Secretary may compromise, modify, or remit, with or without consideration, a civil penalty under this subtitle until the assessment is referred to the Attorney General. (c) If a person fails to pay an assessment of a civil penalty after it has become final, the Secretary may refer the matter to the Attorney General for collection in an appropriate district court of the United States. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 506.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 2107 33:364 46:7 46:65u 46:216e(d) 46:391a(14) 46:526o 46:526p 46:1484(c) ------------------------------- Section 2107 provides for standard procedures for the handling of civil penalties for infractions of law or regulation. Some changes were made to increase some antiquated and inadequate penalties. The assessment of civil penalties under this section should not require an 'on the record' hearing within the meaning of the Administrative Procedures Act (APA). It is intended that these civil penalties be assessed in a fair manner. However, the Committee recognizes that statutes passed in the last decade have involved the Coast Guard in tens of thousands of civil penalty enforcement cases and that it is necessary that the penalties be assessed efficiently. The Coast Guard's procedural regulations for assessing civil penalties ensure that the essential elements of due process, notice, and opportunity to be heard, are provided to alleged violators (see 33 CFR Subpart 1.07). The more rigid and time-consuming procedures applicable to APA adjudications are unwarranted in the case of Coast Guard civil penalty assessment procedures and would seriously hamper the orderly enforcement of these administrative penalties. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 251a, 883-1, 883a of Appendix to this title. ------DocID 53150 Document 51 of 963------ -CITE- 46 USC Sec. 2108 -EXPCITE- TITLE 46 Part A CHAPTER 21 -HEAD- Sec. 2108. Refund of penalties -STATUTE- The Secretary may refund or remit a civil penalty collected under this subtitle if - (1) application has been made for refund or remission of the penalty within one year from the date of payment; and (2) the Secretary finds that the penalty was unlawfully, improperly, or excessively imposed. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 507.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 2108 46:8 ------------------------------- Section 2108 provides for the refunding of civil penalties. ------DocID 53151 Document 52 of 963------ -CITE- 46 USC Sec. 2109 -EXPCITE- TITLE 46 Part A CHAPTER 21 -HEAD- Sec. 2109. Public vessels -STATUTE- Except as otherwise provided, this subtitle does not apply to a public vessel of the United States. However, this subtitle does apply to a vessel (except a Coast Guard or a Saint Lawrence Seaway Development Corporation vessel) owned or operated by the Department of Transportation or by any corporation organized or controlled by the Department. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 507; Pub. L. 99-509, title V, Sec. 5102(b)(3), Oct. 21, 1986, 100 Stat. 1927.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 2109 46:362 46:363 46:391a(4) ------------------------------- Section 2109 exempts public vessels from the applicability of the maritime safety and seamen's welfare laws of this subtitle although some public vessels are inspected under interagency voluntary agreements. AMENDMENTS 1986 - Pub. L. 99-509 substituted 'Except as otherwise provided, this' for 'This'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 49 App. section 1806. ------DocID 53152 Document 53 of 963------ -CITE- 46 USC Sec. 2110 -EXPCITE- TITLE 46 Part A CHAPTER 21 -HEAD- Sec. 2110. Fees -STATUTE- (a)(1) Except as otherwise provided in this title, the Secretary shall establish a fee or charge for a service or thing of value provided by the Secretary under this subtitle, in accordance with section 9701 of title 31. (2) The Secretary may not establish a fee or charge under paragraph (1) for inspection or examination of a non-self-propelled tank vessel under part B of this title (FOOTNOTE 1) that is more than $500 annually. (FOOTNOTE 1) So in original. Probably should be 'subtitle'. (3) The Secretary may, by regulation, adjust a fee or charge collected under this subsection to accommodate changes in the cost of providing a specific service or thing of value, but the adjusted fee or charge may not exceed the total cost of providing the service or thing of value for which the fee or charge is collected, including the cost of collecting the fee or charge. (4) The Secretary may not collect a fee or charge under this subsection that is in conflict with the international obligations of the United States. (5) The Secretary may not collect a fee or charge under this subsection for any search or rescue service. (b)(1) The Secretary shall establish a fee or charge as provided in paragraph (2) of this subsection, and collect it annually in fiscal years 1991, 1992, 1993, 1994, and 1995, from the owner or operator of each recreational vessel that is greater than 16 feet in length. (2) The fee or charge established under paragraph (1) of this subsection is as follows: (A) for vessels greater than 16 feet in length but less than 20 feet, not more than $25; (B) for vessels of at least 20 feet in length but less than 27 feet, not more than $35; (C) for vessels of at least 27 feet in length but less than 40 feet, not more than $50; and (D) for vessels of at least 40 feet in length, not more than $100. (3) The fee or charge established under this subsection applies only to vessels operated on the navigable waters of the United States where the Coast Guard has a presence. (4) The fee or charge established under this subsection does not apply to a - (A) public vessel; or (B) vessel deemed to be a public vessel under section 827 of title 14. (c) In addition to the collection of fees and charges established under subsections (a) and (b), the Secretary may recover appropriate collection and enforcement costs associated with delinquent payments of the fees and charges. (d)(1) The Secretary may employ any Federal, State, or local agency or instrumentality, or any private enterprise or business, to collect a fee or charge established under this section. A private enterprise or business selected by the Secretary to collect fees or charges - (A) shall be subject to reasonable terms and conditions agreed to by the Secretary and the enterprise or business; (B) shall provide appropriate accounting to the Secretary; and (C) may not institute litigation as part of that collection. (2) A Federal agency shall account for the agency's costs of collecting the fee or charge under this subsection as a reimbursable expense, and the costs shall be credited to the account from which expended. (e) A person that violates this section by failing to pay a fee or charge established under this section is liable to the United States Government for a civil penalty of not more than $5,000 for each violation. (f) When requested by the Secretary, the Secretary of the Treasury shall deny the clearance required by section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91) to a vessel for which a fee or charge established under this section has not been paid until the fee or charge is paid or until a bond is posted for the payment. (g) The Secretary may exempt a person from paying a fee or charge established under this section if the Secretary determines that it is in the public interest to do so. (h) Fees and charges collected by the Secretary under this section shall be deposited in the general fund of the Treasury as offsetting receipts of the department in which the Coast Guard is operating and ascribed to Coast Guard activities. (i) The collection of a fee or charge under this section does not alter or expand the functions, powers, responsibilities, or liability of the United States under any law for the performance of services or the provision of a thing of value for which a fee or charge is collected under this section. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 507; Pub. L. 99-509, title V, Sec. 5102(b)(4), Oct. 21, 1986, 100 Stat. 1927; Pub. L. 100-710, title I, Sec. 104(a)(3), Nov. 23, 1988, 102 Stat. 4749; Pub. L. 101-508, title X, Sec. 10401(a), Nov. 5, 1990, 104 Stat. 1388-397.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 2110 46:331 ------------------------------- Section 2110 prevents the assessment of user fees for certain maritime safety and seamen's welfare services unless otherwise provided for by law. These include: Measurement of tonnage and certifying the same, except that the compensation and necessary travel and subsistence expenses of the officers so measuring or certifying such vessels at the request of the owners thereof at a place other than a port of entry or a customs station shall be paid by such owners; issuing of license or granting of certificate of registry, record, or enrollment, including all indorsements on the same and oath; indorsement of change of master; certifying and receiving manifest, including master's oath and permit; granting permit to vessels licensed for the fisheries to touch and trade; granting certificate of payment of tonnage dues; recording bill of sale, mortgage, hypothecation or conveyance, or the discharge of such mortgage or hypothecation; furnishing certificate of title; furnishing the crew list; certificate of protection to seamen; bill of health; shipping or discharging of seamen; apprenticing boys to the merchant service; inspecting, examining, and licensing steam vessels, including inspection certificate and copies thereof; and licensing of master, engineer, pilot, or mate of a vessel. AMENDMENTS 1990 - Pub. L. 101-508 substituted 'Fees' for 'Fees prohibited' as section catchline and amended text generally. Prior to amendment, text read as follows: 'Fees may not be charged or collected by the Secretary for services provided for in this subtitle related to the engagement and discharge of seamen, the inspection and examination of vessels under part B of this subtitle, and the licensing of masters, mates, pilots, and engineers, except when specifically provided for in this subtitle.' 1988 - Pub. L. 100-710 substituted 'and the licensing of masters, mates, pilots, and engineers' for 'the licensing of masters, mates, pilots, and engineers, and the documentation of vessels'. 1986 - Pub. L. 99-509 substituted 'examination of vessels under part B of this subtitle' for 'examination of vessels' and struck out 'measurement or' before 'documentation'. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-710 effective Jan. 1, 1989, with certain exceptions and qualifications, see section 107 of Pub. L. 100-710, set out as an Effective Date note under section 30101 of this title. ------DocID 53153 Document 54 of 963------ -CITE- 46 USC Sec. 2111 -EXPCITE- TITLE 46 Part A CHAPTER 21 -HEAD- Sec. 2111. Pay for overtime services -STATUTE- (a) The Secretary may prescribe a reasonable rate of extra pay for overtime services of civilian officers and employees of the Coast Guard required to remain on duty between 5 p.m. and 8 a.m., or on Sundays or holidays, to perform services related to - (1) the inspection of vessels or their equipment; (2) the engagement and discharge of crews of vessels; (3) the measurement of vessels; and (4) the documentation of vessels. (b) Except for Sundays and holidays, the overtime rate provided under subsection (a) of this section is one-half day's additional pay for each 2 hours of overtime (or part of 2 hours of at least one hour). The total extra pay may be not more than 2 and one-half days' pay for any one period from 5 p.m. to 8 a.m. (c) The overtime rate provided under subsection (a) of this section for Sundays and holidays is 2 additional days' pay. (d) The owner, charterer, managing operator, agent, master, or individual in charge of the vessel shall pay the amount of the overtime pay provided under this section to the official designated by regulation. The official shall deposit the amount paid to the Treasury as miscellaneous receipts. Payment to the officer or employee entitled to the pay shall be made from the annual appropriations for salaries and expenses of the Coast Guard. (e) The overtime pay provided under this section shall be paid if the authorized officers and employees have been ordered to report for duty and have reported, even if services requested were not performed. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 507.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 2111 46:382b ------------------------------- Section 2111 provides for the payment of overtime rates for work performed by civilian officers and employees of the Coast Guard for certain specified activities. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2112 of this title; title 5 section 5549. ------DocID 53154 Document 55 of 963------ -CITE- 46 USC Sec. 2112 -EXPCITE- TITLE 46 Part A CHAPTER 21 -HEAD- Sec. 2112. Authority to change working hours -STATUTE- In a port at which the customary working hours begin before 8 a.m. or end after 5 p.m., the Secretary may regulate the working hours of the officers and employees referred to in section 2111 of this title so that those hours conform to the prevailing working hours of the port. However - (1) the total period for which overtime pay may be required under section 2111 of this title may not be more than 15 hours between any 2 periods of ordinary working hours on other than Sundays and holidays; (2) the length of the working day for the officers and employees involved may not be changed; and (3) the rate of overtime pay may not be changed. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 508.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 2112 46:382b ------------------------------- Section 2112 provides the Secretary with the authority to regulate the working hours of civilian officers and employees of the Coast Guard to conform with the prevailing working hours of a port. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 5 section 5549. ------DocID 53155 Document 56 of 963------ -CITE- 46 USC Sec. 2113 -EXPCITE- TITLE 46 Part A CHAPTER 21 -HEAD- Sec. 2113. Authority to exempt certain vessels -STATUTE- If the Secretary decides that the application of a provision of part B or F of this subtitle is not necessary in performing the mission of a vessel engaged in excursions or an oceanographic research vessel, the Secretary by regulation may - (1) for an excursion vessel, issue a special permit specifying the conditions of operation and equipment; and (2) exempt the oceanographic research vessel from that provision under conditions the Secretary may specify. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 508.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 2113 46:445 46:453 ------------------------------- Section 2113 provides the Secretary with the authority to exempt certain vessels from the inspection and manning requirements of law when vessels are engaged in excursions or oceanographic research. This is the authority of the issuance of excursion permits when special circumstances justify the waiver of certain maritime safety and seamen's welfare laws for a short period of time. It also contains flexible exemption authority for regulation of oceanographic research vessels. ------DocID 53156 Document 57 of 963------ -CITE- 46 USC Sec. 2114 -EXPCITE- TITLE 46 Part A CHAPTER 21 -HEAD- Sec. 2114. Protection of seamen against discrimination -STATUTE- (a) An owner, charterer, managing operator, agent, master, or individual in charge of a vessel may not discharge or in any manner discriminate against a seaman because the seaman in good faith has reported or is about to report to the Coast Guard that the seaman believes that a violation of this subtitle, or a regulation issued under this subtitle, has occurred. (b) A seaman discharged or otherwise discriminated against in violation of this section may bring an action in an appropriate district court of the United States. In that action, the court may order any appropriate relief, including - (1) restraining violations of this section; and (2) reinstatement to the seaman's former position with back pay. -SOURCE- (Added Pub. L. 98-557, Sec. 13(a), Oct. 30, 1984, 98 Stat. 2863.) ------DocID 53157 Document 58 of 963------ -CITE- 46 USC CHAPTER 23 -EXPCITE- TITLE 46 Part A CHAPTER 23 -HEAD- CHAPTER 23 - OPERATION OF VESSELS GENERALLY -MISC1- Sec. 2301. Application. 2302. Penalties for negligent operations. 2303. Duties related to marine casualty assistance and information. 2304. Duty to provide assistance at sea. 2305. Injunctions. 2306. Vessel reporting requirements. HISTORICAL AND REVISION NOTES Chapter 23 lists requirements that relate to the general operation of all vessels. These include penalties and injunctive relief for negligent operation of a vessel. It also provides penalties for failure to render assistance. AMENDMENTS 1984 - Pub. L. 98-498, title II, Sec. 212(a)(1), Oct. 19, 1984, 98 Stat. 2305, added item 2306. ------DocID 53158 Document 59 of 963------ -CITE- 46 USC Sec. 2301 -EXPCITE- TITLE 46 Part A CHAPTER 23 -HEAD- Sec. 2301. Application -STATUTE- Except as provided in section 2306 of this title, this chapter applies to a vessel operated on waters subject to the jurisdiction of the United States and, for a vessel owned in the United States, on the high seas. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 508; Pub. L. 98-498, title II, Sec. 212(a)(2), Oct. 19, 1984, 98 Stat. 2305.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 2301 46:480 ------------------------------- Section 2301 provides that this chapter is applicable to all vessels, including foreign flag vessels, when operating on waters subject to the jurisdiction of the United States. Any vessel owned in the United States while operating on the high seas would be included. By ownership the Committee means those vessels that are documented or numbered under United States laws and those other vessels that are neither documented or numbered but are of national origin and are not documented under the laws of a foreign nation. This chapter is applicable to a foreign flag vessel that is in innocent passage through territorial waters of the United States, presently 3 miles seaward, whether or not it is bound to or from a port subject to the jurisdiction of the United States. AMENDMENTS 1984 - Pub. L. 98-498 substituted 'Except as provided in section 2306 of this title, this chapter' for 'This chapter'. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-498 effective 180 days after Oct. 19, 1984, see section 214 of Pub. L. 98-498, set out as an Effective Date note under section 2306 of this title. ------DocID 53159 Document 60 of 963------ -CITE- 46 USC Sec. 2302 -EXPCITE- TITLE 46 Part A CHAPTER 23 -HEAD- Sec. 2302. Penalties for negligent operations -STATUTE- (a) A person operating a vessel in a negligent manner that endangers the life, limb, or property of a person is liable to the United States Government for a civil penalty of not more than $1,000. (b) A person operating a vessel in a grossly negligent manner that endangers the life, limb, or property of a person commits a class A misdemeanor. (c) An individual who is under the influence of alcohol, or a dangerous drug in violation of a law of the United States when operating a vessel, as determined under standards prescribed by the Secretary by regulation - (1) is liable to the United States Government for a civil penalty of not more than $1,000; or (2) commits a class A misdemeanor. (d) For a penalty imposed under this section, the vessel also is liable in rem unless the vessel is - (1) owned by a State or a political subdivision of a State; (2) operated principally for governmental purposes; and (3) identified clearly as a vessel of that State or subdivision. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 508; Pub. L. 98-557, Sec. 7(a), Oct. 30, 1984, 98 Stat. 2862; Pub. L. 101-380, title IV, Sec. 4105(b)(2), 4302(a), Aug. 18, 1990, 104 Stat. 513, 537.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 2302(a) 46:1461(d) 46:1484(b) 2302(b) 46:1461(d) 46:1483 2302(c) 46:1484(b) ------------------------------- Section 2302 states that the negligent operation of a vessel is prohibited. These acts are subject to civil and criminal penalties and the involved vessel is subject to an in rem action. The negligent operation provisions have their genesis in the Act of April 25, 1940, 54 Stat. 167, when Congress prescribed that no person shall operate any motorboat or any vessel in a reckless or negligent manner. This provision was directed at all vessels and not those solely engaged in recreational boating. When the Federal Boat Safety Act of 1971, P.L. 92-75, 85 Stat. 217 (46 U.S.C. 1461) was enacted it adopted the reckless or negligent operation provisions of the 1940 Act. It adopted for the first time a provision for assessing civil penalties in addition to criminal penalties. It dropped the word 'reckless' because of redundancy. It also combined the two classes of vessels; 'any motorboat or any vessel' into one class by using the word 'vessel' and defined vessel as including every description of watercraft. AMENDMENTS 1990 - Subsec. (b). Pub. L. 101-380, Sec. 4302(a)(1), substituted 'commits a class A misdemeanor' for 'shall be fined not more than $5,000, imprisoned for not more than one year, or both'. Subsec. (c). Pub. L. 101-380, Sec. 4105(b)(2), 4302(a)(2)(A), substituted 'under the influence of alcohol, or a dangerous drug in violation of a law of the United States' for 'intoxicated' and struck out ', shall be' after 'by the Secretary by regulation'. Subsec. (c)(1). Pub. L. 101-380, Sec. 4302(a)(2)(B), substituted 'is liable' for 'liable'. Subsec. (c)(2). Pub. L. 101-380, Sec. 4302(a)(2)(C), amended par. (2) generally. Prior to amendment, par. (2) read as follows: 'fined not more than $5,000, imprisoned for not more than one year, or both.' 1984 - Subsecs. (c), (d). Pub. L. 98-557 added subsec. (c) and redesignated former subsec. (c) as (d). EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters. ------DocID 53160 Document 61 of 963------ -CITE- 46 USC Sec. 2303 -EXPCITE- TITLE 46 Part A CHAPTER 23 -HEAD- Sec. 2303. Duties related to marine casualty assistance and information -STATUTE- (a) The master or individual in charge of a vessel involved in a marine casualty shall - (1) render necessary assistance to each individual affected to save that affected individual from danger caused by the marine casualty, so far as the master or individual in charge can do so without serious danger to the master's or individual's vessel or to individuals on board; and (2) give the master's or individual's name and address and identification of the vessel to the master or individual in charge of any other vessel involved in the casualty, to any individual injured, and to the owner of any property damaged. (b) An individual violating this section or a regulation prescribed under this section shall be fined not more than $1,000 or imprisoned for not more than 2 years. The vessel also is liable in rem to the United States Government for the fine. (c) An individual complying with subsection (a) of this section or gratuitously and in good faith rendering assistance at the scene of a marine casualty without objection by an individual assisted, is not liable for damages as a result of rendering assistance or for an act or omission in providing or arranging salvage, towage, medical treatment, or other assistance when the individual acts as an ordinary, reasonable, and prudent individual would have acted under the circumstances. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 509.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 2303(a) 33:367 46:1465(a) 2303(b) 33:368 2303(c) 46:1465(b) ------------------------------- Section 2303 requires a master or anyone in charge of a vessel to provide assistance and render aid to those involved in a marine casualty and to exchange information in a manner similar to automobile accident cases. It also includes a 'Good Samaritan' clause that exonerates anyone from liability when rendering assistance in an ordinary, reasonable, or prudent manner. ------DocID 53161 Document 62 of 963------ -CITE- 46 USC Sec. 2304 -EXPCITE- TITLE 46 Part A CHAPTER 23 -HEAD- Sec. 2304. Duty to provide assistance at sea -STATUTE- (a) A master or individual in charge of a vessel shall render assistance to any individual found at sea in danger of being lost, so far as the master or individual in charge can do so without serious danger to the master's or individual's vessel or individuals on board. (b) A master or individual violating this section shall be fined not more than $1,000, imprisoned for not more than 2 years, or both. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 509.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 2304 46:728 ------------------------------- Section 2304 requires a master or individual in charge of a vessel to render assistance to those in danger at sea if able to do so without seriously endangering the vessel or crew. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3304 of this title. ------DocID 53162 Document 63 of 963------ -CITE- 46 USC Sec. 2305 -EXPCITE- TITLE 46 Part A CHAPTER 23 -HEAD- Sec. 2305. Injunctions -STATUTE- (a) The district courts of the United States have jurisdiction to enjoin the negligent operation of vessels prohibited by this chapter on the petition of the Attorney General for the United States Government. (b) When practicable, the Secretary shall - (1) give notice to any person against whom an action for injunctive relief is considered under this section an opportunity to present that person's views; and (2) except for a knowing and willful violation, give the person a reasonable opportunity to achieve compliance. (c) The failure to give notice and opportunity to present views under subsection (b) of this section does not preclude the court from granting appropriate relief. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 509.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 2305 46:1485 ------------------------------- Section 2305 provides injunctive authority to enjoin the negligent operation of vessels. This authority can also be used to enjoin the operation of foreign or domestic vessels on our waters when they are unsuitable for the voyage intended. ------DocID 53163 Document 64 of 963------ -CITE- 46 USC Sec. 2306 -EXPCITE- TITLE 46 Part A CHAPTER 23 -HEAD- Sec. 2306. Vessel reporting requirements -STATUTE- (a)(1) An owner, charterer, managing operator, or agent of a vessel of the United States, having reason to believe (because of lack of communication with or nonappearance of a vessel or any other incident) that the vessel may have been lost or imperiled, immediately shall - (A) notify the Coast Guard; and (B) use all available means to determine the status of the vessel. (2) When more than 48 hours have passed since the owner, charterer, managing operator, or agent of a vessel required to report to the United States Flag Merchant Vessel Location Filing System under authority of section 212(A) of the Merchant Marine Act, 1936 (46 App. U.S.C. 1122a), has received a communication from the vessel, the owner, charterer, managing operator, or agent immediately shall - (A) notify the Coast Guard; and (B) use all available means to determine the status of the vessel. (3) A person notifying the Coast Guard under paragraph (1) or (2) of this subsection shall provide the name and identification number of the vessel, the names of individuals on board, and other information that may be requested by the Coast Guard. The owner, charterer, managing operator, or agent also shall submit written confirmation to the Coast Guard within 24 hours after nonwritten notification to the Coast Guard under those paragraphs. (4) An owner, charterer, managing operator, or agent violating this subsection is liable to the United States Government for a civil penalty of not more than $5,000 for each day during which the violation occurs. (b)(1) The master of a vessel of the United States required to report to the System shall report to the owner, charterer, managing operator, or agent at least once every 48 hours. (2) A master violating this subsection is liable to the Government for a civil penalty of not more than $1,000 for each day during which the violation occurs. (c) The Secretary may prescribe regulations to carry out this section. -SOURCE- (Added Pub. L. 98-498, title II, Sec. 212(a)(3), Oct. 19, 1984, 98 Stat. 2305.) -MISC1- EFFECTIVE DATE Section 214 of Pub. L. 98-498 provided that: 'Sections 211(a) and 212 of this subtitle (enacting this section and amending sections 2302, 3309, 6101, and 6103 of this title) are effective one hundred and eighty days after the date of enactment of this Act (Oct. 19, 1984).' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2301 of this title. ------DocID 53164 Document 65 of 963------ -CITE- 46 USC Part B -EXPCITE- TITLE 46 Part B -HEAD- Part B - Inspection and Regulation of Vessels -MISC1- HISTORICAL AND REVISION NOTES Part B provides authority and responsibility for the inspection and regulation of vessels by the Coast Guard. This part specifies those vessels subject to inspection, those that are specifically exempt from inspection, and related inspection requirements and procedures. Due to the need for special requirements for the inspection and regulation of passenger vessels and those vessels carrying liquid bulk dangerous cargoes separate chapters have been developed. Additional chapters provide for recreational vessels and those other vessels that are regulated but are not subject to inspection and certification by the Coast Guard. It should also be noted that the United States is signatory to a number of international treaties on maritime safety and seamen's welfare, such as the various Safety of Life at Sea (SOLAS) treaties, and that their provisions and requirements are part of United States maritime law and in many cases are quite extensive. -SECREF- PART REFERRED TO IN OTHER SECTIONS This part is referred to in sections 2110, 2113, 7111, 7113, 8101, 8104, 8303, 8501, 8502, 14305 of this title; title 49 section 10542. ------DocID 53165 Document 66 of 963------ -CITE- 46 USC CHAPTER 31 -EXPCITE- TITLE 46 Part B CHAPTER 31 -HEAD- CHAPTER 31 - GENERAL -MISC1- Sec. 3101. Authority to suspend inspection. 3102. Immersion suits. AMENDMENTS 1988 - Pub. L. 100-424, Sec. 8(a)(3), Sept. 9, 1988, 102 Stat. 1593, substituted 'Immersion' for 'Exposure' in item 3102. 1985 - Pub. L. 99-36, Sec. 2, May 15, 1985, 99 Stat. 68, repealed section 22 of Pub. L. 98-557 and the amendments made by that section, which added first identical item 3102, effective Nov. 8, 1984, thereby leaving Pub. L. 98-623 as the sole authority for the addition of item 3102. See 1984 Amendment note below. 1984 - Pub. L. 98-557, Sec. 22(a)(2), Oct. 30, 1984, 98 Stat. 2871, and Pub. L. 98-623, title VII, Sec. 701(a)(2), Nov. 8, 1984, 98 Stat. 3413, added identical item 3102. See 1985 Amendment note above. ------DocID 53166 Document 67 of 963------ -CITE- 46 USC Sec. 3101 -EXPCITE- TITLE 46 Part B CHAPTER 31 -HEAD- Sec. 3101. Authority to suspend inspection -STATUTE- When the President decides that the needs of foreign commerce require, the President may suspend a provision of this part for a foreign-built vessel registered as a vessel of the United States on conditions the President may specify. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 510.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 3101 46:82 ------------------------------- Section 3101 provides the President with the authority to suspend the inspection laws for a foreign-built reflagged U.S. vessel when the needs of foreign commerce require this. For example, if a foreign-flag vessel is reflagged in the U.S. but does not meet the specific Coast Guard inspection requirements, the President could suspend these requirements. EFFECTIVE DATE Section 2(g)(1) of Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 599, provided that: 'Part B (chapters 31 to 43) of subtitle II and sections 7306 (related to able seaman sail) and 7311 of title 46 (as enacted by section 1 of this Act) take effect April 15, 1984, or when regulations for sailing school vessels under part B are effective, whichever is earlier.' (Part B of subtitle II and sections 7306 (related to able seaman sail) and 7311 of title 46 effective Apr. 15, 1984, in absence of regulations for sailing school vessels under part B on that date.) -TRANS- DELEGATION OF FUNCTIONS For delegation to Secretary of the Treasury of authority vested in President by this section, see Ex. Ord. No. 10289, Sept. 17, 1951, 16 F.R. 9499, as amended, set out as a note under section 301 of Title 3, The President. ------DocID 53167 Document 68 of 963------ -CITE- 46 USC Sec. 3102 -EXPCITE- TITLE 46 Part B CHAPTER 31 -HEAD- Sec. 3102. Immersion suits -STATUTE- (a) The Secretary shall by regulation require immersion suits on vessels designated by the Secretary that operate in the Atlantic Ocean north of 32 degrees North latitude or south of 32 degrees South latitude and in all other waters north of 35 degrees North latitude or south of 35 degrees South latitude. The Secretary may not exclude a vessel from designation under this section only because that vessel carries other lifesaving equipment. (b) The Secretary shall establish standards for an immersion suit required by this section, including standards to guarantee adequate thermal protection, buoyance, and flotation stability. (c)(1) The owner, charterer, managing operator, agent, master, or individual in charge of a vessel violating this section or a regulation prescribed under this section is liable to the United States Government for a civil penalty of not more than $5,000. The vessel also is liable in rem for the penalty. (2) The owner, charterer, managing operator, agent, master, or individual in charge of a vessel violating this section or a regulation prescribed under this section may be fined not more than $25,000, imprisoned for not more than 5 years, or both. -SOURCE- (Added Pub. L. 98-557, Sec. 22(a)(1), Oct. 30, 1984, 98 Stat. 2871; Pub. L. 98-623, title VII, Sec. 701(a)(1), Nov. 8, 1984, 98 Stat. 3413; Pub. L. 99-36, Sec. 2, May 15, 1985, 99 Stat. 68; Pub. L. 100-424, Sec. 8(a)(1), (2), Sept. 9, 1988, 102 Stat. 1592, 1593.) -COD- CODIFICATION Pub. L. 98-557 and Pub. L. 98-623 enacted identical section 3102 of this title. Section 22 of Pub. L. 98-557, which enacted first identical section 3102 of this title, was repealed by section 2 of Pub. L. 99-36, set out below as a Repeal of Duplicate Section note. -MISC3- AMENDMENTS 1988 - Pub. L. 100-424 substituted 'Immersion' for 'Exposure' in section catchline, and 'immersion' for 'exposure' in subsecs. (a) and (b). REPEAL OF DUPLICATE SECTION 3102; REFERENCES THERETO AND REGULATIONS AND ACTIONS THEREUNDER Section 2 of Pub. L. 99-36 provided that: 'Section 22 of the Coast Guard Authorization Act of 1984 (Public Law 98-557; 98 Stat. 2871), and the amendments made by such section (enacting first identical section 3102 of this title and provisions set out as a note under this section and amending the analysis of chapter 31 of this title), are repealed as of November 8, 1984. Regulations prescribed and actions taken under, and references to, such section and the amendments made by such section are deemed to be regulations prescribed and actions taken under, and references to, section 701 of the Act of November 8, 1984 (Public Law 98-623; 98 Stat. 3413), and the amendments made by such section 701 (enacting second identical section 3102 of this title and provisions set out as a note under this section and amending the analysis of chapter 31 of this title).' REGULATIONS Section 701(b), (c) of title VII of Pub. L. 98-623 provided: '(b) Section 3102 of title 46, United States Code (as added by subsection (a) of this section), does not limit the authority of the Secretary of the department in which the Coast Guard is operating to prescribe regulations requiring exposure suits on vessels not required by section 3102 to have exposure suits. '(c) The regulations prescribed under section 3102 of title 46, United States Code (as added by subsection (a) of this section), shall be effective not later than 60 days after the date of enactment of this title (Nov. 8, 1984).' (Regulations effective Dec. 30, 1984, see 49 F.R. 50722, Dec. 31, 1984.) Similar provisions were contained in section 22(b), (c) of Pub. L. 98-557, which was repealed by section 2 of Pub. L. 99-36, set out above as a Repeal of Duplicate Section note. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 4502 of this title. ------DocID 53168 Document 69 of 963------ -CITE- 46 USC CHAPTER 33 -EXPCITE- TITLE 46 Part B CHAPTER 33 -HEAD- CHAPTER 33 - INSPECTION GENERALLY -MISC1- Sec. 3301. Vessels subject to inspection. 3302. Exemptions. 3303. Reciprocity for foreign vessels. 3304. Transporting individuals in addition to crew. 3305. Scope and standards of inspection. 3306. Regulations. 3307. Frequency of inspection. 3308. Examinations. 3309. Certificate of inspection. 3310. Records of certification. 3311. Certificate of inspection required. 3312. Display of certificate of inspection. 3313. Compliance with certificate of inspection. 3314. Expiration of certificate of inspection. 3315. Disclosure of defects and protection of informants. 3316. United States classification societies. 3317. Fees. 3318. Penalties. HISTORICAL AND REVISION NOTES Chapter 33 consolidates the laws governing the inspection and certification of vessels by the Coast Guard that have developed over a period in excess of 140 years. The original laws were directed to the safety of the relatively new and potentially dangerous steam vessel. The demand for Federal remedial legislation began during the early 1800's after frequent and disastrous explosions of steam boilers on passenger vessels. This directly led to the first maritime safety laws in 1838 that required periodic inspection and certification of vessels engaged in the transportation of passengers and freight on the waters of the United States. This was followed by a more extensive steamboat inspection law in 1852 which adopted for the first time the principle of licensing for river pilots and engineers. It also created a new Federal maritime safety inspection service called the Federal Inspection Service that eventually became the Bureau of Marine Inspection and Navigation, whose duties were temporarily assumed in 1941 and permanently assumed in 1946 by the United States Coast Guard. In 1864 the principal inspection and licensing provisions of the 1852 act were made applicable to ferries, towing vessels, and canal boats. However, steamboat explosions continued with high loss of life and property. One of the greatest of all disasters, the destruction of the passenger vessel Sultana by explosion and fire with a loss of life estimated at more than 1500 lives in April 1865, led to renewed legislation efforts. In 1871 this culminated with legislation that combined a number of new requirements into a coherent and unified body of maritime safety laws. At the time of the adoption of the Revised Statutes in 1874, a maritime safety code was well established for vessels propelled in whole or in part by steam. In the more than 100 years since then, as the public recognized the need for vessel safety legislation, primarily as the result of maritime disasters, other classes of vessels were subjected to Federal inspection or regulatory control. These included vessels propelled by gas, fluid, naphtha, or electric motors in 1897; sail vessels and barges carrying passengers for hire in 1898; seagoing barges in 1908; motorboats in 1910; steam vessels owned by the Department of Commerce in 1919; seagoing vessels of 300 gross tons and over on June 20, 1936; all tank vessels carrying flammable or combustible liquid cargo in bulk regardless of size or means of propulsion of June 23, 1936; motorboats again in 1940; all vessels carrying more than six passengers in 1956; tank vessels again in 1978; and offshore supply vessels in 1980. There was also considerable legislation that amended or supplemented these primary maritime safety laws. The net result has been a patchwork quilt of categories and classifications that requires a tabulation of more than seventy different classes of inspected vessels. This revision gathers into one section of the law all classes of vessels that are subject to inspection and certification without changing the application of present law as to any one class of vessel. The revision does not alter the application of the present law so as to expand inspection requirements to any vessel presently not subject to inspection nor to remove from inspection any vessel that is presently subject to inspection. AMENDMENTS 1986 - Pub. L. 99-307, Sec. 1(5)(B), May 19, 1986, 100 Stat. 445, substituted 'Transporting' for 'Carrying' in item 3304. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 2102, 8101, 8301 of this title; title 40 section 484d. ------DocID 53169 Document 70 of 963------ -CITE- 46 USC Sec. 3301 -EXPCITE- TITLE 46 Part B CHAPTER 33 -HEAD- Sec. 3301. Vessels subject to inspection -STATUTE- The following categories of vessels are subject to inspection under this part: (1) freight vessels. (2) nautical school vessels. (3) offshore supply vessels. (4) passenger vessels. (5) sailing school vessels. (6) seagoing barges. (7) seagoing motor vessels. (8) small passenger vessels. (9) steam vessels. (10) tank vessels. (11) fish processing vessels. (12) fish tender vessels. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 510; Pub. L. 98-364, title IV, Sec. 402(2), July 17, 1984, 98 Stat. 445.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 3301(1) 46:391 46:404 3301(2) 46:1295f(c) 3301(3) 46:404-1 3301(4) 46:390a 46:391 3301(5) 46:390a 3301(6) 46:395 3301(7) 46:367 3301(8) 46:390a 3301(9) 46:362 46:391 46:405 3301(10) 46:391a ------------------------------- Section 3301 lists all classes of vessels that are subject to inspection and certification by the Coast Guard. This section represents one of the sought-after advantages of the bill to simplify access to the provisions of law governing the regulation of vessels. Under the present law, a vessel's inspection status must be determined by examining a table appearing at section 2.01-7A of title 46, Code of Federal Regulations that divides all vessels into more than 70 separate classes. It is important to note that while the classes of vessels are now limited to ten, there is no prohibition against developing regulations to meet the special needs of various size vessels within any one category. For example, it is expected that the Coast Guard will continue the practice of establishing standards for freight vessels of not more than 100 gross tons and other standards for larger freight vessels. It should also be noted that a particular vessel can, when engaged in various types of operations, be subject to varying inspection laws. For example, an offshore supply vessel could be classed as a small passenger vessel or a passenger vessel when it operates as a crew boat carrying individuals other than those defined in section 2101(21). If the offshore supply vessel is 500 gross tons and over it would then be subject to inspection as a seagoing motor vessel, a freight vessel, or a passenger vessel. AMENDMENTS 1984 - Pars. (11), (12). Pub. L. 98-364 added pars. (11) and (12). EFFECTIVE DATE Chapter effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 98-89, set out as a note under section 3101 of this title. SHORT TITLE OF 1984 AMENDMENT Pub. L. 98-498, title II, Sec. 210, Oct. 19, 1984, 98 Stat. 2303, provided that: 'This subtitle (subtitle A (Sec. 210-214) of title II of Pub. L. 98-498, enacting section 2306 of this title, amending sections 2301, 3309, 3311, 3318, 6101, and 6103 of this title and section 183 of the Appendix to this title, and enacting provisions set out as notes under section 2306 of this title and section 183 of the Appendix to this title) may be cited as the 'Maritime Safety Act of 1984'.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2101, 3302 of this title. ------DocID 53170 Document 71 of 963------ -CITE- 46 USC Sec. 3302 -EXPCITE- TITLE 46 Part B CHAPTER 33 -HEAD- Sec. 3302. Exemptions -STATUTE- (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) A fishing vessel, including a vessel chartered part-time as a fish tender vessel, is exempt from section 3301(1), (7), (11), and (12) of this title. (c)(1) A fish processing vessel of not more than 5,000 gross tons is exempt from section 3301(1), (6), (7), (11), and (12) of this title. (2) A fish tender vessel of not more than 500 gross tons is exempt from section 3301(1), (6), (7), (11), and (12) of this title. (3) 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. (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; (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, 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; (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 - (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 United States Maritime Administration. (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. -SOURCE- (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, Sec. 602(b), 603(2), Nov. 16, 1990, 104 Stat. 2983, 2990, 2993.) -MISC1- 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 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.' ------DocID 53171 Document 72 of 963------ -CITE- 46 USC Sec. 3303 -EXPCITE- TITLE 46 Part B CHAPTER 33 -HEAD- Sec. 3303. Reciprocity for foreign vessels -STATUTE- (a) Except as provided in chapter 37 of this title, a foreign vessel of a country having inspection laws and standards similar to those of the United States and that has an unexpired certificate of inspection issued by proper authority of its respective country, is subject only to an inspection to ensure that the condition of the vessel's propulsion equipment and lifesaving equipment are as stated in its current certificate of inspection. A foreign country is considered to have inspection laws and standards similar to those of the United States when it is a party to an International Convention for Safety of Life at Sea to which the United States Government is currently a party. A foreign certificate of inspection may be accepted as evidence of lawful inspection only when presented by a vessel of a country that has by its laws accorded to vessels of the United States visiting that country the same privileges accorded to vessels of that country visiting the United States. (b) The Secretary shall collect and pay to the Treasury the same fees for the inspection of foreign vessels carrying passengers from the United States that a foreign country charges vessels of the United States trading to the ports of that country. The Secretary may waive at any time the collection of the fees on notice of the proper authorities of any country concerned that the collection of fees for the inspection of vessels of the United States has been discontinued. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 512.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 3303 46:362(a) 46:390c 46:391a(3) ------------------------------- Section 3303 acknowledges the international concept of comity with respect to recognizing inspection laws and standards for foreign flag vessels that are similar to those of the United States. If a foreign nation is signatory to the International Convention for Safety of Life at Sea, it is presumed to have similar standards. However, reciprocity requirements for foreign flag tank vessels are included in chapter 37. Subsection (b) provides for a mutual waiver of fees for the inspection of foreign vessels carrying passengers from the United States. 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3505 of this title. ------DocID 53172 Document 73 of 963------ -CITE- 46 USC Sec. 3304 -EXPCITE- TITLE 46 Part B CHAPTER 33 -HEAD- Sec. 3304. Transporting individuals in addition to crew -STATUTE- (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. -SOURCE- (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.) -MISC1- 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). -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3318 of this title. ------DocID 53173 Document 74 of 963------ -CITE- 46 USC Sec. 3305 -EXPCITE- TITLE 46 Part B CHAPTER 33 -HEAD- Sec. 3305. Scope and standards of inspection -STATUTE- (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. -SOURCE- (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.) -MISC1- 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. -REFTEXT- 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. -MISC2- 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. ------DocID 53174 Document 75 of 963------ -CITE- 46 USC Sec. 3306 -EXPCITE- TITLE 46 Part B CHAPTER 33 -HEAD- Sec. 3306. Regulations -STATUTE- (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 clauses (1)-(3) of this subsection; and (5) the use of vessel stores and other supplies of a dangerous nature. (b) Equipment subject to regulation under this section may not be used on any vessel without prior approval as prescribed by regulation. (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. -SOURCE- (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.) -MISC1- 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 1984 - Subsec. (g). Pub. L. 98-364 added subsec. (g). -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3313, 3318 of this title. ------DocID 53175 Document 76 of 963------ -CITE- 46 USC Sec. 3307 -EXPCITE- TITLE 46 Part B CHAPTER 33 -HEAD- Sec. 3307. Frequency of inspection -STATUTE- Each vessel subject to inspection under this part shall undergo an initial inspection for certification before being put into service. After being put into service - (1) each passenger vessel and nautical school vessel shall be inspected at least once a year; (2) each small passenger vessel, freight vessel or offshore supply vessel of less than 100 gross tons, and sailing school vessel shall be inspected at least once every 3 years; and (3) any other vessel shall be inspected at least once every 2 years. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 514.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 3307(1) 46:391(c) 46:1295f(c) 3307(2) 46:390a(a) 46:404-1(6)(i) 3307(3) 46:391(b) 46:392(b) 46:404-1(6)(ii) ------------------------------- Section 3307 requires each vessel subject to inspection to undergo an initial inspection prior to being placed in service. This is normally started during the construction or reconstruction phase and is a continuing process until final certification for operation in a particular trade. Subsequent periodic inspections are also required for various types of vessels. It is to be noted that a freight vessel of less than 100 gross tons shall be inspected at 3 year intervals while the larger freight vessel has a 2 year inspection period. This is being done to retain the existing procedure of issuing 3 year certificates of inspection to smaller vessels, however, this does not prevent periodic inspections or examinations at intervening periods. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3308, 3309 of this title. ------DocID 53176 Document 77 of 963------ -CITE- 46 USC Sec. 3308 -EXPCITE- TITLE 46 Part B CHAPTER 33 -HEAD- Sec. 3308. Examinations -STATUTE- In addition to inspections required by section 3307 of this title, the Secretary shall examine - (1) each vessel subject to inspection at proper times to ensure compliance with law and regulations; and (2) crewmember accommodations on each vessel subject to inspection at least once a month or when the vessel enters United States ports to ensure that the accommodations are - (A) of the size required by law and regulations; (B) properly ventilated and in a clean and sanitary condition; and (C) equipped with proper plumbing and mechanical appliances required by law and regulations, and the appliances are in good working condition. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 514.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 3308 46:435 46:660a 46:660b ------------------------------- Section 3308 requires the Secretary to carry out additional inspections as might be necessary to ensure compliance with applicable laws and regulations, and to ensure that accommodations are maintained in a sanitary condition and that all appliances are in good working order. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3305 of this title. ------DocID 53177 Document 78 of 963------ -CITE- 46 USC Sec. 3309 -EXPCITE- TITLE 46 Part B CHAPTER 33 -HEAD- Sec. 3309. Certificate of inspection -STATUTE- (a) When an inspection under section 3307 of this title has been made and a vessel has been found to be in compliance with the requirements of law and regulations, a certificate of inspection, in a form prescribed by the Secretary, shall be issued to the vessel. (b) The Secretary may issue a temporary certificate of inspection in place of a regular certificate of inspection issued under subsection (a) of this section. (c) At least 30 days (but not more than 60 days) before the current certificate of inspection issued to a vessel under subsection (a) of this section expires, the owner, charterer, managing operator, agent, master, or individual in charge of the vessel shall submit to the Secretary in writing a notice that the vessel - (1) will be required to be inspected; or (2) will not be operated so as to require an inspection. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 515; Pub. L. 98-498, title II, Sec. 211(a), Oct. 19, 1984, 98 Stat. 2303.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 3309 46:390c 46:391a(8) 46:395(d) 46:399 ------------------------------- Section 3309 provides for the issuance of a certificate of inspection that attests to the fact that the vessel has been found to be in compliance with the applicable maritime safety laws and regulations. Under this provision the Coast Guard can issue a temporary certificate of inspection upon compliance with the applicable laws or regulations to facilitate the preparation, processing, and forwarding of the regular certificate of inspection to the vessel. A temporary certificate does not imply less than satisfactory compliance. AMENDMENTS 1984 - Subsec. (c). Pub. L. 98-498 added subsec. (c). EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-498 effective 180 days after Oct. 19, 1984, see section 214 of Pub. L. 98-498, set out as an Effective Date note under section 2306 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3311, 3312, 3318 of this title. ------DocID 53178 Document 79 of 963------ -CITE- 46 USC Sec. 3310 -EXPCITE- TITLE 46 Part B CHAPTER 33 -HEAD- Sec. 3310. Records of certification -STATUTE- The Secretary shall keep records of certificates of inspection of vessels and of all acts in the examination and inspection of vessels, whether of approval or disapproval. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 515.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 3310 46:414 ------------------------------- Section 3310 contains the requirement for maintaining inspection records. ------DocID 53179 Document 80 of 963------ -CITE- 46 USC Sec. 3311 -EXPCITE- TITLE 46 Part B CHAPTER 33 -HEAD- Sec. 3311. Certificate of inspection required -STATUTE- (a) Except as provided in subsection (b), a vessel subject to inspection under this part may not be operated without having on board a certificate of inspection issued under section 3309 of this title. (b) The Secretary may direct the owner, charterer, managing operator, agent, master, or individual in charge of a vessel subject to inspection under this chapter and not having on board a certificate of inspection - (1) to have the vessel proceed to mooring and remain there until a certificate of inspection is issued; (2) to take immediate steps necessary for the safety of the vessel, individuals on board the vessel, or the environment; or (3) to have the vessel proceed to a place to make repairs necessary to obtain a certificate of inspection. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 515; Pub. L. 98-498, title II, Sec. 211(b), Oct. 19, 1984, 98 Stat. 2304.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 3311 46:390c 46:395 46:399 ------------------------------- Section 3311 prohibits the operation of a vessel subject to inspection without having on board a valid certificate of inspection. AMENDMENTS 1984 - Pub. L. 98-498 designated existing provisions as subsec. (a), substituted 'Except as provided in subsection (b), a vessel' for 'A vessel', struck out 'valid' before 'certificate of inspection', and added subsec. (b). -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3318 of this title. ------DocID 53180 Document 81 of 963------ -CITE- 46 USC Sec. 3312 -EXPCITE- TITLE 46 Part B CHAPTER 33 -HEAD- Sec. 3312. Display of certificate of inspection -STATUTE- The certificate of inspection issued to a vessel under section 3309 of this title shall be displayed, suitably framed, in a conspicuous place on the vessel. When it is not practicable to so display the certificate, it shall be carried in the manner prescribed by regulation. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 515.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 3312 46:400 ------------------------------- Section 3312 requires the conspicuous display of the certificate of inspection to provide notice that the vessel is in compliance with applicable maritime safety laws and regulations. The section also applies to the posting of the temporary certificate of inspection. ------DocID 53181 Document 82 of 963------ -CITE- 46 USC Sec. 3313 -EXPCITE- TITLE 46 Part B CHAPTER 33 -HEAD- Sec. 3313. Compliance with certificate of inspection -STATUTE- (a) During the term of a vessel's certificate of inspection, the vessel must be in compliance with its conditions, unless relieved by a suspension or an exemption granted under section 3306(e) of this title. (b) When a vessel is not in compliance with its certificate or fails to meet a standard prescribed by this part or a regulation prescribed under this part - (1) the owner, charterer, managing operator, agent, master, or individual in charge shall be ordered in writing to correct the noted deficiencies promptly; (2) the Secretary may permit any repairs to be made at a place most convenient to the owner, charterer, or managing operator when the Secretary decides the repairs can be made with safety to those on board and the vessel; (3) the vessel may be required to cease operating at once; and (4) if necessary, the certificate shall be suspended or revoked. (c) The vessel's certificate of inspection shall be revoked if a condition unsafe to life that is ordered to be corrected under this section is not corrected at once. (d) The owner, charterer, managing operator, agent, master, or individual in charge of a vessel whose certificate has been suspended or revoked shall be given written notice immediately of the suspension or revocation. The owner or master may appeal to the Secretary the suspension or revocation within 30 days of receiving the notice, as provided by regulations prescribed by the Secretary. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 515.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 3313 46:390c 46:391a(8) 46:435 ------------------------------- Section 3313 requires a vessel to be maintained in a condition so as to always be in compliance with the applicable laws and regulations. Here the master, owner, or other responsible party is required to maintain the vessel to inspection standards and to correct all deficiencies observed. When a vessel is not in compliance with its certificate the responsible parties shall be ordered in writing to correct the deficiencies promptly. The section provides flexibility as to when and where these deficiencies may be corrected consistent with the safety of the vessel and crew. The section provides authority to require the vessel to cease operating or, if necessary, to suspend or revoke its certificate of inspection when found not to be in compliance with its certificate or regulations. The owner or master, or other responsible party must be given written notice and may appeal this action within 30 days of receiving the notice. ------DocID 53182 Document 83 of 963------ -CITE- 46 USC Sec. 3314 -EXPCITE- TITLE 46 Part B CHAPTER 33 -HEAD- Sec. 3314. Expiration of certificate of inspection -STATUTE- (a) If the certificate of inspection of a vessel expires when the vessel is on a foreign voyage, the vessel may complete the voyage to a port of the United States within 30 days of the expiration of the certificate without incurring the penalties for operating without a certificate of inspection. (b) If the certificate of inspection would expire within 15 days of sailing on a foreign voyage from a United States port, the vessel shall secure a new certificate of inspection before sailing, unless the voyage is scheduled to be completed prior to the expiration date of the certificate. If a voyage scheduled to be completed in that time is not so completed, the applicable penalties may be enforced unless the failure to meet the schedule was beyond the control of the owner, charterer, managing operator, agent, master, or individual in charge of the vessel. (c) When the certificate of inspection of a foreign vessel carrying passengers, operated on a regularly established line, expires at sea after leaving the country to which it belongs or when the vessel is in the United States, the Secretary may permit the vessel to sail on its regular route without further inspection than would have been required had the certificate not expired. This permission applies only when the vessel will be regularly inspected and issued a certificate before the vessel's next return to the United States. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 516.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 3314 46:362 46:399 ------------------------------- Section 3314 contains the procedures for when a vessel's certificate of inspection expires while on a foreign voyage. ------DocID 53183 Document 84 of 963------ -CITE- 46 USC Sec. 3315 -EXPCITE- TITLE 46 Part B CHAPTER 33 -HEAD- Sec. 3315. Disclosure of defects and protection of informants -STATUTE- (a) Each individual licensed under part E of this subtitle shall assist in the inspection or examination under this part of the vessel on which the individual is serving, and shall point out defects and imperfections known to the individual in matters subject to regulations and inspection. The individual also shall make known to officials designated to enforce this part, at the earliest opportunity, any marine casualty producing serious injury to the vessel, its equipment, or individuals on the vessel. (b) An official may not disclose the name of an individual providing information under this section, or the source of the information, to a person except a person authorized by the Secretary. An official violating this subsection is liable to disciplinary action under applicable law. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 516.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 3315 46:234 ------------------------------- Section 3315 requires an individual holding a license issued by the Coast Guard to assist inspection authorities and to make defects and imperfections known to those authorities. Anyone licensed also has a duty to report any marine casualty producing serious injury to the vessel, its equipment, or individuals on board the vessel. These licensed individuals who have this statutorily imposed duty to disclose are also protected by prohibiting any government official from disclosing the identity or source of the information except as authorized by the Secretary. ------DocID 53184 Document 85 of 963------ -CITE- 46 USC Sec. 3316 -EXPCITE- TITLE 46 Part B CHAPTER 33 -HEAD- Sec. 3316. United States classification societies -STATUTE- (a) 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. (b) Each department, agency, and instrumentality of the United States Government shall recognize the Bureau 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. (c)(1) 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. (2) 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. (d) 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. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 516.) -MISC1- 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. ------DocID 53185 Document 86 of 963------ -CITE- 46 USC Sec. 3317 -EXPCITE- TITLE 46 Part B CHAPTER 33 -HEAD- Sec. 3317. Fees -STATUTE- (a) The Secretary may prescribe by regulation fees for inspecting or examining a small passenger vessel or a sailing school vessel. (b) When an inspection or examination under this chapter of a documented vessel is conducted at a foreign port or place at the request of the owner or managing operator of the vessel, the owner or operator shall reimburse the Secretary for the travel and subsistence expenses incurred by the personnel assigned to perform the inspection or examination. Amounts received as reimbursement for these expenses shall be credited to the appropriation for operating expenses of the Coast Guard. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 517.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 3317 46:390a(b) 46:382b-1 ------------------------------- Section 3317 provides the regulatory authority for prescribing fees for the inspection of small passenger vessels and sailing school vessels. Although section 2110 generally prohibits fees of this nature, this provision is consistent with the exception that permits specific statutory authorization for fee collection. Subsection (b) requires the reimbursement of expenses for the conduct of an inspection or examination at a foreign port or place when done there for the convenience of the owner or operator of the vessel. ------DocID 53186 Document 87 of 963------ -CITE- 46 USC Sec. 3318 -EXPCITE- TITLE 46 Part B CHAPTER 33 -HEAD- Sec. 3318. Penalties -STATUTE- (a) Except as otherwise provided in this part, the owner, charterer, managing operator, agent, master, or individual in charge of a vessel operated in violation of this part or a regulation prescribed under this part, and a person violating a regulation that applies to a small passenger vessel, freight vessel of less than 100 gross tons, or sailing school vessel, are liable to the United States Government for a civil penalty of not more than $5,000. The vessel also is liable in rem for the penalty. (b) A person that knowingly manufactures, sells, offers for sale, or possesses with intent to sell, any equipment subject to this part, and the equipment is so defective as to be insufficient to accomplish the purpose for which it is intended, commits a class D felony. (c) A person that employs a means or device whereby a boiler may be subjected to a pressure greater than allowed by the terms of the vessel's certificate of inspection commits a class D felony. (d) A person that deranges or hinders the operation of any machinery or device employed on a vessel to denote the state of steam or water in any boiler or to give warning of approaching danger, or permits the water level of any boiler when in operation of a vessel to fall below its prescribed low-water line, commits a class D felony. (e) A person that alters, defaces, obliterates, removes, or destroys any plans or specifications required by and approved under a regulation prescribed under section 3306 of this title, with intent to deceive or impede any official of the United States in carrying out that official's duties, commits a class A misdemeanor. (f) A person commits a class D felony. (FOOTNOTE 1) if the person - (FOOTNOTE 1) So in original. The period probably should be a comma. (1) forges or counterfeits with intent to make it appear genuine any mark or stamp prescribed for material to be tested and approved under section 3306 of this title or a regulation prescribed under section 3306; (2) knowingly uses, affixes, or causes to be used or affixed, any such forged or counterfeited mark or stamp to or on material of any description; (3) with fraudulent intent, possesses any such mark, stamp, or other device knowing it to be forged or counterfeited; or (4) with fraudulent intent, marks or causes to be marked with the trademark or name of another, material required to be tested and approved under section 3306 of this title or a regulation prescribed under section 3306. (g) A person is liable to the Government for a civil penalty of not more than $5,000, if the person - (1) interferes with the inspection of a nautical school vessel; (2) violates a regulation prescribed for a nautical school vessel; (3) is an owner of a nautical school vessel operated in violation of this part; or (4) is an officer or member of the board of directors of a school, organization, association, partnership, or corporation owning a nautical school vessel operated in violation of a regulation prescribed for a nautical school vessel. (h) An owner, charterer, managing operator, agent, master, or individual in charge of a vessel that fails to give the notice required by section 3304(b) of this title is liable to the Government for a civil penalty of not more than $1,000. The vessel also is liable in rem for the penalty. (i) A person violating section 3309(c) of this title is liable to the Government for a civil penalty of not more than $1,000. (j)(1) An owner, charterer, managing operator, agent, master, or individual in charge of a vessel required to be inspected under this chapter operating the vessel without the certificate of inspection is liable to the Government for a civil penalty of not more than $10,000 for each day during which the violation occurs, except when the violation involves operation of a vessel of less than 1,600 gross tons, the penalty is not more than $2,000 for each day during which the violation occurs. The vessel also is liable in rem for the penalty. (2) A person is not liable for a penalty under this subsection if - (A) the owner, charterer, managing operator, agent, master, or individual in charge of the vessel has notified the Secretary under section 3309(c) of this title; (B) the owner, charterer, managing operator, agent, master, or individual in charge of the vessel has complied with all other directions and requirements for obtaining an inspection under this part; and (C) the Secretary believes that unforeseen circumstances exist so that it is not feasible to conduct a scheduled inspection before the expiration of the certificate of inspection. (k) The owner, charterer, managing operator, agent, master, or individual in charge of a vessel failing to comply with a direction issued by the Secretary under section 3311(b) of this title is liable to the Government for a civil penalty of not more than $10,000 for each day during which the violation occurs. The vessel also is liable in rem for the penalty. (l) A person committing an act described by subsections (b)-(f) of this section is liable to the Government for a civil penalty of not more than $5,000. If the violation involves the operation of a vessel, the vessel also is liable in rem for the penalty. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 517; Pub. L. 98-498, title II, Sec. 211(c), Oct. 19, 1984, 98 Stat. 2304; Pub. L. 99-307, Sec. 1(6), May 19, 1986, 100 Stat. 445; Pub. L. 101-380, title IV, Sec. 4302(b), Aug. 18, 1990, 104 Stat. 538.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 3318 46:369(e) 46:390d 46:398 46:403 46:407 46:408 46:410 46:413 46:436 46:481(d) 46:1295f(d)(2), (3) ------------------------------- Section 3318 provides for a number of specific civil and criminal penalties. AMENDMENTS 1990 - Subsec. (b). Pub. L. 101-380, Sec. 4302(b)(1), substituted 'commits a class D felony' for 'shall be fined not more than $10,000, imprisoned for not more than 5 years, or both'. Subsec. (c). Pub. L. 101-380, Sec. 4302(b)(2), substituted 'commits a class D felony' for 'shall be fined not more than $5,000, imprisoned for not more than 5 years, or both'. Subsec. (d). Pub. L. 101-380, Sec. 4302(b)(3), substituted 'commits a class D felony' for 'shall be fined not more than $5,000, imprisoned for not more than 5 years, or both'. Subsec. (e). Pub. L. 101-380, Sec. 4302(b)(4), substituted 'commits a class A misdemeanor' for 'shall be fined not more than $10,000, imprisoned for not more than 2 years, or both'. Subsec. (f). Pub. L. 101-380, Sec. 4302(b)(5), substituted 'commits a class D felony.' for 'shall be fined not less than $1,000 but not more than $10,000, and imprisoned for not less than 2 years but not more than 5 years,'. 1986 - Subsec. (f). Pub. L. 99-307 in provision preceding par. (1) substituted 'than' for 'then' in two places. 1984 - Subsec. (a). Pub. L. 98-498, Sec. 211(c)(1), substituted 'Except as otherwise provided in this part, the' for 'The' and 'not more than $5,000' for '$1,000, except that when the violation involves operation of a barge, the penalty is $500'. Subsec. (c). Pub. L. 98-498, Sec. 211(c)(2), substituted '$5,000' for '$2,000'. Subsec. (d). Pub. L. 98-498, Sec. 211(c)(3), substituted '$5,000' for '$2,000'. Subsec. (e). Pub. L. 98-498, Sec. 211(c)(4), substituted '$10,000' for '$2,000'. Subsec. (f). Pub. L. 98-498, Sec. 211(c)(5), substituted '$10,000' for '$5,000'. Subsec. (g). Pub. L. 98-498, Sec. 211(c)(6), substituted 'is liable to the Government for a civil penalty of not more than $5,000' for 'shall be fined not more than $10,000, imprisoned for not more than one year, or both'. Subsec. (h). Pub. L. 98-498, Sec. 211(c)(7), substituted 'Government for a civil penalty of not more than $1,000.' for 'United States Government for a civil penalty of not more than $500.' Subsecs. (i) to (l). Pub. L. 98-498, Sec. 211(c)(8), added subsecs. (i) to (l). EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters. ------DocID 53187 Document 88 of 963------ -CITE- 46 USC CHAPTER 35 -EXPCITE- TITLE 46 Part B CHAPTER 35 -HEAD- CHAPTER 35 - CARRIAGE OF PASSENGERS -MISC1- Sec. 3501. Number of passengers. 3502. List or count of passengers. 3503. Fire-retardant materials. 3504. Notification to passengers. 3505. Prevention of departure. 3506. Copies of laws. HISTORICAL AND REVISION NOTES Chapter 35 consolidates the laws that have specific application to the carriage of passengers. They provide special provisions for listing and counting the number of passengers on board a vessel, for notifying the general public of the safety standards that are applicable, and for related control measures. ------DocID 53188 Document 89 of 963------ -CITE- 46 USC Sec. 3501 -EXPCITE- TITLE 46 Part B CHAPTER 35 -HEAD- Sec. 3501. Number of passengers -STATUTE- (a) Each certificate of inspection issued to a vessel carrying passengers (except a ferry) shall include a statement on the number of passengers that the vessel is permitted to carry. (b) The owner, charterer, managing operator, agent, master, or individual in charge of a vessel is liable to a person suing them for carrying more passengers than the number of passengers permitted by the certificate of inspection in an amount equal to - (1) passage money; and (2) $100 for each passenger in excess of the number of passengers permitted. (c) An owner, charterer, managing operator, agent, master, or individual in charge of a vessel that knowingly carries more passengers than the number of passengers permitted by the certificate of inspection also shall be fined not more than $100, imprisoned for not more than 30 days, or both. (d) The vessel also is liable in rem for a penalty under this section. (e) An offshore supply vessel may not carry passengers except in an emergency. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 519; Pub. L. 99-36, Sec. 1(a)(2), May 15, 1985, 99 Stat. 67.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 3501 46:404-1 46:451 46:452 46:462 ------------------------------- Section 3501 requires that a vessel carrying passengers, including a passenger vessel as well as a small passenger vessel (except a ferry), shall have on the certificate of inspection a statement as to the number of passengers the vessel is permitted to carry. It also provides penalties for carrying passengers in excess of the number permitted. AMENDMENTS 1985 - Subsec. (a). Pub. L. 99-36, Sec. 1(a)(2)(A), struck out the comma after '(except a ferry)'. Subsec. (c). Pub. L. 99-36, Sec. 1(a)(2)(B), substituted 'carries more passengers than the number of passengers permitted by the certificate of inspection' for 'violates subsection (b) of this section'. EFFECTIVE DATE Chapter effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 98-89, set out as a note under section 3101 of this title. ------DocID 53189 Document 90 of 963------ -CITE- 46 USC Sec. 3502 -EXPCITE- TITLE 46 Part B CHAPTER 35 -HEAD- Sec. 3502. List or count of passengers -STATUTE- (a) The owner, charterer, managing operator, master, or individual in charge of the following categories of vessels carrying passengers shall keep a correct list of passengers received and delivered from day to day: (1) vessels arriving from foreign ports (except at United States Great Lakes ports from Canadian Great Lakes ports). (2) seagoing vessels in the coastwise trade. (3) passenger vessels making voyages of more than 300 miles on the Great Lakes except from a Canadian to a United States port. (b) The master of a vessel carrying passengers (except a vessel listed in subsection (a) of this section) shall keep a correct count of all passengers received and delivered. (c) Lists and counts required under this section shall be open to the inspection of designated officials of the Coast Guard and the Customs Service at all times. The total number of passengers shall be provided to the Coast Guard when requested. (d) This section applies to a foreign vessel arriving at a United States port. (e) The owner, charterer, managing operator, master, or individual in charge of a passenger vessel failing to make a list or count of passengers as required by this section is liable to the United States Government for a civil penalty of $100. The vessel also is liable in rem for the penalty. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 519.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 3502 46:460 46:460a 46:461 46:462 ------------------------------- Section 3502 is related to section 3501 and requires the listing or counting of passengers on certain vessels. This requirement applies to large as well as small passenger vessels when operating on the types of voyages enumerated. This section also applies to a foreign vessel arriving at a port or place in the United States. ------DocID 53190 Document 91 of 963------ -CITE- 46 USC Sec. 3503 -EXPCITE- TITLE 46 Part B CHAPTER 35 -HEAD- Sec. 3503. Fire-retardant materials -STATUTE- (a) A passenger vessel of the United States having berth or stateroom accommodations for at least 50 passengers shall be granted a certificate of inspection only if the vessel is constructed of fire-retardant materials. Before November 1, 1993, this section does not apply to a vessel in operation before January 1, 1968, and operating only on the inland rivers. (b)(1) When a vessel is exempted from the fire-retardant standards of this section - (A) the owner or managing operator of the vessel shall notify prospective passengers that the vessel does not comply with applicable fire safety standards due primarily to the wooden construction of passenger berthing areas; (B) the owner or managing operator of the vessel may not disclaim liability to a passenger for death, injury, or any other loss caused by fire due to the negligence of the owner or managing operator; and (C) the penalties provided in section 3504(c) of this title apply to a violation of this subsection. (2) The Secretary shall prescribe regulations under this subsection on the manner in which prospective passengers are to be notified. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 519; Pub. L. 99-307, Sec. 1(7)(A), May 19, 1986, 100 Stat. 444.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 3503 46:369(b) ------------------------------- Section 3503 requires the use of fire retardant materials on a vessel having berthing facilities for at least 50 passengers. This requirement in the case of vessels engaged in foreign trade is consistent with our international treaty obligations, which impose extensive and additional fire safety standards. A waiver that grandfathers existing inland river passenger vessels is also included. AMENDMENTS 1986 - Pub. L. 99-307 designated existing provision as subsec. (a), substituted 'November 1, 1993' for 'November 1, 1988' and inserted 'in operation before January 1, 1968, and' after 'to a vessel', and added subsec. (b). NOTIFICATION TO PROSPECTIVE PASSENGERS OF NONCOMPLIANCE WITH FIRE-RETARDANT STANDARDS Section 1(7)(B) of Pub. L. 99-307 provided that: 'Until the regulations required by subclause (A) of this clause (see subsec. (b)(2) of this section) become effective, the owner or managing operator shall notify prospective passengers in all promotional literature and on each ticket that the vessel does not comply with those standards due primarily to the wooden construction of passenger berthing areas.' ------DocID 53191 Document 92 of 963------ -CITE- 46 USC Sec. 3504 -EXPCITE- TITLE 46 Part B CHAPTER 35 -HEAD- Sec. 3504. Notification to passengers -STATUTE- (a) A person selling passage on a foreign or domestic passenger vessel having berth or stateroom accommodations for at least 50 passengers and embarking passengers at United States ports for a coastwise or an international voyage shall notify each prospective passenger of the safety standards applicable to the vessel in a manner prescribed by regulation. (b) All promotional literature or advertising through any medium of communication in the United States offering passage or soliciting passengers for ocean voyages anywhere in the world shall include information similar to the information described in subsection (a) of this section, and shall specify the registry of each vessel named, as a part of the advertisement or description of the voyage. Except for the inclusion of the country of registry of the vessel, this subsection does not apply to voyages by vessels meeting the safety standards described in section 3505 of this title. (c) A person violating this section or a regulation prescribed under this section is liable to the United States Government for a civil penalty of not more than $10,000. If the violation involves the sale of tickets for passage, the owner, charterer, managing operator, agent, master, individual in charge, or any other person involved in each violation also is liable to the Government for a civil penalty of $500 for each ticket sold. The vessel on which passage is sold also is liable in rem for a violation of this section or a regulation prescribed under this section. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 519.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 3504 46:362(b) ------------------------------- Section 3504 requires notification to the public of the safety standards that are applicable to certain foreign flag or United States passenger vessels. In addition, all promotional literature or advertising that offers passage or solicits passengers for ocean voyages anywhere in the world shall include a safety standard statement and shall specify the registry of the vessel. If the vessel meets the international standards to which the United States adheres, then the safety standard statement need not be included. In all other cases the type of safety standard statement that must be included is as prescribed by regulation. This section is intended to place the United States public on notice as to the degree of fire safety compliance of a foreign-flag passenger vessel that does not operate or depart from a port or place in the United States but does embark passengers from the United States at nearby foreign ports. Departures from foreign ports are undertaken because the foreign-flag passenger vessel cannot comply with the safety standards applicable to a United States flag passenger vessel. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3503 of this title. ------DocID 53192 Document 93 of 963------ -CITE- 46 USC Sec. 3505 -EXPCITE- TITLE 46 Part B CHAPTER 35 -HEAD- Sec. 3505. Prevention of departure -STATUTE- Notwithstanding section 3303(a) of this title, a foreign or domestic vessel of more than 100 gross tons having berth or stateroom accommodations for at least 50 passengers may not depart from a United States port with passengers who are embarked at that port, if the Secretary finds that the vessel does not comply with the standards stated in the International Convention for the Safety of Life at Sea to which the United States Government is currently a party. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 520.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 3505 46:362(c) ------------------------------- Section 3505 prohibits the departure from a United States port or place of any passenger vessel of more than 100 gross tons having berthing for at least 50 passengers, if the vessel does not comply with the international maritime safety standards applicable to United States 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3504 of this title. ------DocID 53193 Document 94 of 963------ -CITE- 46 USC Sec. 3506 -EXPCITE- TITLE 46 Part B CHAPTER 35 -HEAD- Sec. 3506. Copies of laws -STATUTE- A master of a passenger vessel shall keep on board a copy of this subtitle, to be provided by the Secretary at reasonable cost. If the master fails to do so, the master is liable to the United States Government for a civil penalty of $200. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 520.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 3506 46:492 ------------------------------- Section 3506 requires the master of a passenger vessel to keep on board a copy of subtitle II of title 46, U.S.C. Copies of the subtitle shall be provided by the Secretary at reasonable cost. ------DocID 53194 Document 95 of 963------ -CITE- 46 USC CHAPTER 37 -EXPCITE- TITLE 46 Part B CHAPTER 37 -HEAD- CHAPTER 37 - CARRIAGE OF LIQUID BULK DANGEROUS CARGOES -MISC1- Sec. 3701. Definitions. 3702. Application. 3703. Regulations. 3703a. Tank vessel construction standards. 3704. Coastwise trade vessels. 3705. Crude oil tanker minimum standards. 3706. Product carrier minimum standards. 3707. Tanker minimum standards. 3708. Self-propelled tank vessel minimum standards. 3709. Exemptions. 3710. Evidence of compliance by vessels of the United States. 3711. Evidence of compliance by foreign vessels. 3712. Notification of noncompliance. 3713. Prohibited acts. 3714. Inspection and examination. 3715. Lightering. 3716. Tank washings. 3717. Marine safety information system. 3718. Penalties. AMENDMENTS 1990 - Pub. L. 101-380, title IV, Sec. 4115(c), Aug. 18, 1990, 104 Stat. 520, added item 3703a. HISTORICAL AND REVISION NOTES Chapter 37 consolidates the laws that are applicable to vessels that transport oil or hazardous material in bulk as cargo or cargo residue. The history of Federal authority to carry out a tank vessel safety program begins with the enactment of the so-called Tank Vessel Act of 1936 which, as amended, is presently codified in section 391a of title 46, United States Code. The 1936 Act remained essentially the same until it was amended by the Ports and Waterways Safety Act of 1972. The 1972 amendment contained more specific standards for the protection of a tank vessel and its crew and added vessel standards to improve the quality of the marine environment. After a rash of tank vessel accidents during the latter part of 1976 and early 1977 within our territorial seas and in nearby coastal waters, there was an outpouring of public attention to the need to protect United States ports and waterways, for the safety of tank vessels, and for the protection of the marine environment. This led to the enactment of the Port and Tanker Safety Act of 1978, which provided broader and more extensive regulatory authority over areas already regulated and over many areas not previously regulated. It provided for improvements in the supervision and control of vessels of all types operating in the navigable waters of the United States, and in the safety of all tank vessels, foreign or domestic, that transport or transfer oil or hazardous cargoes in ports or places subject to the jurisdiction of the United States. The 1978 amendments also reflect, in part, certain tank vessel standards and requirements that have been accepted internationally, in particular those developed by the International Conference on Tanker Safety and Pollution Prevention held in London in February, 1978. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 2102, 3303, 4501, 8501, 8502, 8701, 8702, 8703, 9101, 9102 of this title; title 8 section 1288; title 33 section 1228; title 49 section 10542; title 49 App. section 1806. ------DocID 53195 Document 96 of 963------ -CITE- 46 USC Sec. 3701 -EXPCITE- TITLE 46 Part B CHAPTER 37 -HEAD- Sec. 3701. Definitions -STATUTE- In this chapter - (1) 'existing', when referring to a type of vessel to which this chapter applies, means a vessel that is not a new vessel. ((2) Repealed. Pub. L. 100-424, Sec. 8(c)(2), Sept. 9, 1988, 102 Stat. 1593.) (3) 'new', when referring to a type of vessel to which this chapter applies, means a vessel - (A) for which the building contract is placed after June 1, 1979; (B) in the absence of a building contract, the keel of which is laid, or which is at a similar stage of construction, after January 1, 1980; (C) the delivery of which is after June 1, 1982; or (D) that has undergone a major conversion under a contract made after June 1, 1979, or construction work that began after January 1, 1980, or was completed after June 1, 1982. (4) 'person' means an individual (even if not a citizen or national of the United States), a corporation, partnership, association, or other entity (even if not organized or existing under the laws of a State), the United States Government, a State or local government, a government of a foreign country, or an entity of one of those governments. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 521; Pub. L. 99-509, title V, Sec. 5102(b)(5), Oct. 21, 1986, 100 Stat. 1927; Pub. L. 100-424, Sec. 8(c)(2), Sept. 9, 1988, 102 Stat. 1593.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 3701(1) 46:391a(2)(R) 3701(2) 46:391a(2)(P) 3701(3) 46:391a(2)(Q) 3701(4) 46:391a(2)(F) 3701(5) 46:391a(2)(J) 3701(6) 46:391a(2)(K) ------------------------------- Section 3701 contains definitions that are of a special nature with limited applicability to this chapter. AMENDMENTS 1988 - Par. (2). Pub. L. 100-424 struck out par. (2) which read as follows: ' 'major conversion' means a conversion of an existing vessel that substantially changes the dimensions or carrying capacity of the vessel or changes the type of vessel or substantially prolongs its life or that otherwise so changes the vessel that it is essentially a new vessel, as decided by the Secretary.' 1986 - Pars. (5), (6). Pub. L. 99-509 struck out par. (5) defining 'State' as including Trust Territory of the Pacific Islands in addition to its meaning under section 2101(36) of this title, and struck out par. (6) defining 'United States' as including the Trust Territory of the Pacific Islands in addition to its meaning under section 2101(44) of this title. EFFECTIVE DATE Chapter effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 98-89, set out as a note under section 3101 of this title. ------DocID 53196 Document 97 of 963------ -CITE- 46 USC Sec. 3702 -EXPCITE- TITLE 46 Part B CHAPTER 37 -HEAD- Sec. 3702. Application -STATUTE- (a) Subject to subsections (b)-(e) of this section, this chapter applies to a tank vessel. (b) This chapter does not apply to a documented vessel that would be subject to this chapter only because of the transfer of fuel from the fuel supply tanks of the vessel to offshore drilling or production facilities in the oil industry if the vessel is - (1) not more than 500 gross tons; (2) not a tanker; and (3) in the service of oil exploitation. (c) This chapter does not apply to a fishing or fish tender vessel of not more than 500 gross tons when engaged only in the fishing industry. (d) This chapter does not apply to a fish processing vessel of not more than 5,000 gross tons. However, the vessel is subject to regulation by the Secretary when carrying flammable or combustible liquid cargo in bulk. (e) This chapter does not apply to a foreign vessel on innocent passage on the navigable waters of the United States. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 521; Pub. L. 98-364, title IV, Sec. 402(6), July 17, 1984, 98 Stat. 446.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 3702 46:391a ------------------------------- Section 3702, with certain exceptions, makes this chapter applicable to any tank vessel operating in the navigable waters of the United States or transferring oil or hazardous materials in any port or place subject to the jurisdiction of the United States, and which carries oil or any hazardous materials in bulk as cargo or in residue, regardless of tonnage, size or manner of propulsion; whether it is self-propelled or not; whether it is carrying freight or passengers for hire or not; and whether it is a vessel of the United States or a foreign vessel. It exempts certain small vessels documented in the service of oil exploitation, certain small tender and fishing vessels used in the Northwest salmon or crab fisheries, certain vessels used in the processing and assembling of fishery products used in the Northwest fisheries, public vessels, and foreign vessels engaged on innocent passage on the navigable waters of the United States. However, processing vessels, while not treated as tank vessels, are still subject to regulation when carrying flammable or combustible liquid cargo in bulk. AMENDMENTS 1984 - Subsec. (c). Pub. L. 98-364, Sec. 402(6)(A), substituted 'This chapter does not apply to a fishing or fish tender vessel of not more than 500 gross tons when engaged only in the fishing industry' for 'This chapter does not apply to a cannery tender, fishing tender, or fishing vessel of not more than 500 gross tons, used in the salmon or crab fisheries of Alaska, Oregon, or Washington, when engaged only in the fishing industry'. Subsec. (d). Pub. L. 98-364, Sec. 402(6)(B), substituted 'This chapter does not apply to a fish processing vessel of not more than 5,000 gross tons' for 'This chapter does not apply to a vessel of not more than 5,000 gross tons used in processing and assembling fishery products of the fisheries of Alaska, Oregon, and Washington'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 8703 of this title; title 49 App. section 1806. ------DocID 53197 Document 98 of 963------ -CITE- 46 USC Sec. 3703 -EXPCITE- TITLE 46 Part B CHAPTER 37 -HEAD- Sec. 3703. Regulations -STATUTE- (a) The Secretary shall prescribe regulations for the design, construction, alteration, repair, maintenance, operation, equipping, personnel qualification, and manning of vessels to which this chapter applies, that may be necessary for increased protection against hazards to life and property, for navigation and vessel safety, and for enhanced protection of the marine environment. The Secretary may prescribe different regulations applicable to vessels engaged in the domestic trade, and also may prescribe regulations that exceed standards set internationally. Regulations prescribed by the Secretary under this subsection are in addition to regulations prescribed under other laws that may apply to any of those vessels. Regulations prescribed under this subsection shall include requirements about - (1) superstructures, hulls, cargo holds or tanks, fittings, equipment, appliances, propulsion machinery, auxiliary machinery, and boilers; (2) the handling or stowage of cargo, the manner of handling or stowage of cargo, and the machinery and appliances used in the handling or stowage; (3) equipment and appliances for lifesaving, fire protection, and prevention and mitigation of damage to the marine environment; (4) the manning of vessels and the duties, qualifications, and training of the officers and crew; (5) improvements in vessel maneuvering and stopping ability and other features that reduce the possibility of marine casualties; (6) the reduction of cargo loss if a marine casualty occurs; and (7) the reduction or elimination of discharges during ballasting, deballasting, tank cleaning, cargo handling, or other such activity. (b) In prescribing regulations under subsection (a) of this section, the Secretary shall consider the types and grades of cargo permitted to be on board a tank vessel. (c) In prescribing regulations under subsection (a) of this section, the Secretary shall establish procedures for consulting with, and receiving and considering the views of - (1) interested departments, agencies, and instrumentalities of the United States Government; (2) officials of State and local governments; (3) representatives of port and harbor authorities and associations; (4) representatives of environmental groups; and (5) other interested parties knowledgeable or experienced in dealing with problems involving vessel safety, port and waterways safety, and protection of the marine environment. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 522.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 3703 46:391a(6) 46:391a(12) ------------------------------- Section 3703 requires the Secretary to issue regulations to implement this section. Specific items are listed to be included within the regulations issued. The regulatory authority must be exercised under the Administrative Procedure Act and, in prescribing these regulations, the Secretary must consider the kinds and grades of cargo carried on board. Furthermore, in addition to any requirements of the Administrative Procedure Act, the Secretary must establish specific consultation procedures for considering the views of various specified interested officials, groups, and individuals. The procedures are intended to provide for consultation as early as possible in the regulatory process. REGULATIONS REQUIRING PERIODIC GAUGING OF PLATING THICKNESS FOR OIL CARRYING COMMERCIAL VESSELS Pub. L. 101-380, title IV, Sec. 4109, Aug. 18, 1990, 104 Stat. 515, provided that: 'Not later than 1 year after the date of the enactment of this Act (Aug. 18, 1990), the Secretary shall issue regulations for vessels constructed or adapted to carry, or that carry, oil in bulk as cargo or cargo residue - '(1) establishing minimum standards for plating thickness; and '(2) requiring, consistent with generally recognized principles of international law, periodic gauging of the plating thickness of all such vessels over 30 years old operating on the navigable waters or the waters of the exclusive economic zone.' REGULATIONS REQUIRING USE OF OVERFILL AND TANK LEVEL OR MONITORING DEVICES ON OIL CARRYING COMMERCIAL VESSELS Pub. L. 101-380, title IV, Sec. 4110, Aug. 18, 1990, 104 Stat. 515, provided that: '(a) Standards. - Not later than 1 year after the date of the enactment of this Act (Aug. 18, 1990), the Secretary shall establish, by regulation, minimum standards for devices for warning persons of overfills and tank levels of oil in cargo tanks and devices for monitoring the pressure of oil cargo tanks. '(b) Use. - Not later than 1 year after the date of the enactment of this Act (Aug. 18, 1990), the Secretary shall issue regulations establishing, consistent with generally recognized principles of international law, requirements concerning the use of - '(1) overfill devices, and '(2) tank level or pressure monitoring devices, which are referred to in subsection (a) and which meet the standards established by the Secretary under subsection (a), on vessels constructed or adapted to carry, or that carry, oil in bulk as cargo or cargo residue on the navigable waters and the waters of the exclusive economic zone.' TANKER NAVIGATION SAFETY STANDARDS STUDY Pub. L. 101-380, title IV, Sec. 4111, Aug. 18, 1990, 104 Stat. 515, provided that: '(a) In General. - Not later than 1 year after the date of enactment of this Act (Aug. 18, 1990), the Secretary shall initiate a study to determine whether existing laws and regulations are adequate to ensure the safe navigation of vessels transporting oil or hazardous substances in bulk on the navigable waters and the waters of the exclusive economic zone. '(b) Content. - In conducting the study required under subsection (a), the Secretary shall - '(1) determine appropriate crew sizes on tankers; '(2) evaluate the adequacy of qualifications and training of crewmembers on tankers; '(3) evaluate the ability of crewmembers on tankers to take emergency actions to prevent or remove a discharge of oil or a hazardous substance from their tankers; '(4) evaluate the adequacy of navigation equipment and systems on tankers (including sonar, electronic chart display, and satellite technology); '(5) evaluate and test electronic means of position-reporting and identification on tankers, consider the minimum standards suitable for equipment for that purpose, and determine whether to require that equipment on tankers; '(6) evaluate the adequacy of navigation procedures under different operating conditions, including such variables as speed, daylight, ice, tides, weather, and other conditions; '(7) evaluate whether areas of navigable waters and the exclusive economic zone should be designated as zones where the movement of tankers should be limited or prohibited; '(8) evaluate whether inspection standards are adequate; '(9) review and incorporate the results of past studies, including studies conducted by the Coast Guard and the Office of Technology Assessment; '(10) evaluate the use of computer simulator courses for training bridge officers and pilots of vessels transporting oil or hazardous substances on the navigable waters and waters of the exclusive economic zone, and determine the feasibility and practicality of mandating such training; '(11) evaluate the size, cargo capacity, and flag nation of tankers transporting oil or hazardous substances on the navigable waters and the waters of the exclusive economic zone - '(A) identifying changes occurring over the past 20 years in such size and cargo capacity and in vessel navigation and technology; and '(B) evaluating the extent to which the risks or difficulties associated with tanker navigation, vessel traffic control, accidents, oil spills, and the containment and cleanup of such spills are influenced by or related to an increase in tanker size and cargo capacity; and '(12) evaluate and test a program of remote alcohol testing for masters and pilots aboard tankers carrying significant quantities of oil. '(c) Report. - Not later than 2 years after the date of enactment of this Act (Aug. 18, 1990), the Secretary shall transmit to the Congress a report on the results of the study conducted under subsection (a), including recommendations for implementing the results of that study.' RULES GOVERNING OPERATION OF VESSELS ON AUTO-PILOT OR WITH UNATTENDED ENGINE ROOM Pub. L. 101-380, title IV, Sec. 4114(a), Aug. 18, 1990, 104 Stat. 517, provided that: 'In order to protect life, property, and the environment, the Secretary shall initiate a rulemaking proceeding within 180 days after the date of the enactment of this Act (Aug. 18, 1990) to define the conditions under, and designate the waters upon, which tank vessels subject to section 3703 of title 46, United States Code, may operate in the navigable waters with the auto-pilot engaged or with an unattended engine room.' REGULATIONS REQUIRING ESCORTS FOR CERTAIN TANKERS; 'TANKER' DEFINED Pub. L. 101-380, title IV, Sec. 4116(c), (d), Aug. 18, 1990, 104 Stat. 523, provided that: '(c) Escorts for Certain Tankers. - Not later than 6 months after the date of the enactment of this Act (Aug. 18, 1990), the Secretary shall initiate issuance of regulations under section 3703(a)(3) of title 46, United States Code, to define those areas, including Prince William Sound, Alaska, and Rosario Strait and Puget Sound, Washington (including those portions of the Strait of Juan de Fuca east of Port Angeles, Haro Strait, and the Strait of Georgia subject to United States jurisdiction), on which single hulled tankers over 5,000 gross tons transporting oil in bulk shall be escorted by at least two towing vessels (as defined under section 2101 of title 46, United States Code) or other vessels considered appropriate by the Secretary. '(d) Tanker Defined. - In this section (amending section 8502 of this title) the term 'tanker' has the same meaning the term has in section 2101 of title 46, United States Code.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 42 section 7511b. ------DocID 53198 Document 99 of 963------ -CITE- 46 USC Sec. 3703a -EXPCITE- TITLE 46 Part B CHAPTER 37 -HEAD- Sec. 3703a. Tank vessel construction standards -STATUTE- (a) Except as otherwise provided in this section, a vessel to which this chapter applies shall be equipped with a double hull - (1) if it is constructed or adapted to carry, or carries, oil in bulk as cargo or cargo residue; and (2) when operating on the waters subject to the jurisdiction of the United States, including the Exclusive Economic Zone. (b) This section does not apply to - (1) a vessel used only to respond to a discharge of oil or a hazardous substance; (2) a vessel of less than 5,000 gross tons equipped with a double containment system determined by the Secretary to be as effective as a double hull for the prevention of a discharge of oil; or (3) before January 1, 2015 - (A) a vessel unloading oil in bulk at a deepwater port licensed under the Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.); or (B) a delivering vessel that is offloading in lightering activities - (i) within a lightering zone established under section 3715(b)(5) of this title; and (ii) more than 60 miles from the baseline from which the territorial sea of the United States is measured. (c)(1) In this subsection, the age of a vessel is determined from the later of the date on which the vessel - (A) is delivered after original construction; (B) is delivered after completion of a major conversion; or (C) had its appraised salvage value determined by the Coast Guard and is qualified for documentation under section 4136 of the Revised Statutes of the United States (46 App. U.S.C. 14). (2) A vessel of less than 5,000 gross tons for which a building contract or contract for major conversion was placed before June 30, 1990, and that is delivered under that contract before January 1, 1994, and a vessel of less than 5,000 gross tons that had its appraised salvage value determined by the Coast Guard before June 30, 1990, and that qualifies for documentation under section 4136 of the Revised Statutes of the United States (46 App. U.S.C. 14) before January 1, 1994, may not operate in the navigable waters or the Exclusive Economic Zone of the United States after January 1, 2015, unless the vessel is equipped with a double hull or with a double containment system determined by the Secretary to be as effective as a double hull for the prevention of a discharge of oil. (3) A vessel for which a building contract or contract for major conversion was placed before June 30, 1990, and that is delivered under that contract before January 1, 1994, and a vessel that had its appraised salvage value determined by the Coast Guard before June 30, 1990, and that qualifies for documentation under section 4136 of the Revised Statutes of the United States (46 App. U.S.C. 14) before January 1, 1994, may not operate in the navigable waters or Exclusive Economic Zone of the United States unless equipped with a double hull - (A) in the case of a vessel of at least 5,000 gross tons but less than 15,000 gross tons - (i) after January 1, 1995, if the vessel is 40 years old or older and has a single hull, or is 45 years old or older and has a double bottom or double sides; (ii) after January 1, 1996, if the vessel is 39 years old or older and has a single hull, or is 44 years old or older and has a double bottom or double sides; (iii) after January 1, 1997, if the vessel is 38 years old or older and has a single hull, or is 43 years old or older and has a double bottom or double sides; (iv) after January 1, 1998, if the vessel is 37 years old or older and has a single hull, or is 42 years old or older and has a double bottom or double sides; (v) after January 1, 1999, if the vessel is 36 years old or older and has a single hull, or is 41 years old or older and has a double bottom or double sides; (vi) after January 1, 2000, if the vessel is 35 years old or older and has a single hull, or is 40 years old or older and has a double bottom or double sides; and (vii) after January 1, 2005, if the vessel is 25 years old or older and has a single hull, or is 30 years old or older and has a double bottom or double sides; (B) in the case of a vessel of at least 15,000 gross tons but less than 30,000 gross tons - (i) after January 1, 1995, if the vessel is 40 years old or older and has a single hull, or is 45 years old or older and has a double bottom or double sides; (ii) after January 1, 1996, if the vessel is 38 years old or older and has a single hull, or is 43 years old or older and has a double bottom or double sides; (iii) after January 1, 1997, if the vessel is 36 years old or older and has a single hull, or is 41 years old or older and has a double bottom or double sides; (iv) after January 1, 1998, if the vessel is 34 years old or older and has a single hull, or is 39 years old or older and has a double bottom or double sides; (v) after January 1, 1999, if the vessel is 32 years old or older and has a single hull, or 37 years old or older and has a double bottom or double sides; (vi) after January 1, 2000, if the vessel is 30 years old or older and has a single hull, or is 35 years old or older and has a double bottom or double sides; (vii) after January 1, 2001, if the vessel is 29 years old or older and has a single hull, or is 34 years old or older and has a double bottom or double sides; (viii) after January 1, 2002, if the vessel is 28 years old or older and has a single hull, or is 33 years old or older and has a double bottom or double sides; (ix) after January 1, 2003, if the vessel is 27 years old or older and has a single hull, or is 32 years old or older and has a double bottom or double sides; (x) after January 1, 2004, if the vessel is 26 years old or older and has a single hull, or is 31 years old or older and has a double bottom or double sides; and (xi) after January 1, 2005, if the vessel is 25 years old or older and has a single hull, or is 30 years old or older and has a double bottom or double sides; and (C) in the case of a vessel of at least 30,000 gross tons - (i) after January 1, 1995, if the vessel is 28 years old or older and has a single hull, or 33 years old or older and has a double bottom or double sides; (ii) after January 1, 1996, if the vessel is 27 years old or older and has a single hull, or is 32 years old or older and has a double bottom or double sides; (iii) after January 1, 1997, if the vessel is 26 years old or older and has a single hull, or is 31 years old or older and has a double bottom or double sides; (iv) after January 1, 1998, if the vessel is 25 years old or older and has a single hull, or is 30 years old or older and has a double bottom or double sides; (v) after January 1, 1999, if the vessel is 24 years old or older and has a single hull, or 29 years old or older and has a double bottom or double sides; and (vi) after January 1, 2000, if the vessel is 23 years old or older and has a single hull, or is 28 years old or older and has a double bottom or double sides. (4) Except as provided in subsection (b) of this section - (A) a vessel that has a single hull may not operate after January 1, 2010; and (B) a vessel that has a double bottom or double sides may not operate after January 1, 2015. -SOURCE- (Added Pub. L. 101-380, title IV, Sec. 4115(a), Aug. 18, 1990, 104 Stat. 517.) -REFTEXT- REFERENCES IN TEXT The Deepwater Port Act of 1974, referred to in subsec. (b)(3)(A), is Pub. L. 93-627, Jan. 3, 1975, 88 Stat. 2126, as amended, which is classified generally to chapter 29 (Sec. 1501 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1501 of Title 33 and Tables. -MISC2- EFFECTIVE DATE Section applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out as a note under section 2701 of Title 33, Navigation and Navigable Waters. TANK VESSELS OVER 5,000 GROSS TONS TO COMPLY UNTIL JANUARY 1, 2015, WITH ENVIRONMENTALLY PROTECTIVE STRUCTURAL AND OPERATIONAL REQUIREMENTS Section 4115(b) of Pub. L. 101-380 provided that: 'The Secretary shall, within 12 months after the date of the enactment of this Act (Aug. 18, 1990), complete a rulemaking proceeding and issue a final rule to require that tank vessels over 5,000 gross tons affected by section 3703a of title 46, United States Code, as added by this section, comply until January 1, 2015, with structural and operational requirements that the Secretary determines will provide as substantial protection to the environment as is economically and technologically feasible.' STUDY ON OTHER STRUCTURAL AND OPERATIONAL TANK VESSEL REQUIREMENTS Section 4115(e) of Pub. L. 101-380 provided that: '(1) Other requirements. - Not later than 6 months after the date of enactment of this Act (Aug. 18, 1990), the Secretary shall determine, based on recommendations from the National Academy of Sciences or other qualified organizations, whether other structural and operational tank vessel requirements will provide protection to the marine environment equal to or greater than that provided by double hulls, and shall report to the Congress that determination and recommendations for legislative action. '(2) Review and assessment. - The Secretary shall - '(A) periodically review recommendations from the National Academy of Sciences and other qualified organizations on methods for further increasing the environmental and operational safety of tank vessels; '(B) not later than 5 years after the date of enactment of this Act (Aug. 18, 1990), assess the impact of this section on the safety of the marine environment and the economic viability and operational makeup of the maritime oil transportation industry; and '(C) report the results of the review and assessment to the Congress with recommendations for legislative or other action.' -EXEC- TERRITORIAL SEA OF UNITED STATES For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3715 of this title. ------DocID 53199 Document 100 of 963------ -CITE- 46 USC Sec. 3704 -EXPCITE- TITLE 46 Part B CHAPTER 37 -HEAD- Sec. 3704. Coastwise trade vessels -STATUTE- A segregated ballast tank, a crude oil washing system, or an inert gas system, required by this chapter or a regulation prescribed under this chapter, on a vessel entitled to engage in the coastwise trade under section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883), shall be installed in the United States (except the trust territories). A vessel failing to comply with this section may not engage in the coastwise trade. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 522.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 3704 46:391a(7) ------------------------------- Section 3704 requires any tank vessel that is entitled to engage in the coastwise trade to install certain equipment in the United States under the penalty of losing coastwise trading privileges if the installation work is done in a foreign country. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3709 of this title; section 1185 of Appendix to this title. ------DocID 53200 Document 101 of 963------ -CITE- 46 USC Sec. 3705 -EXPCITE- TITLE 46 Part B CHAPTER 37 -HEAD- Sec. 3705. Crude oil tanker minimum standards -STATUTE- (a) A new crude oil tanker of at least 20,000 deadweight tons shall be equipped with - (1) protectively located segregated ballast tanks; (2) a crude oil washing system; and (3) a cargo tank protection system consisting of a fixed deck froth system and a fixed inert gas system. (b)(1) An existing crude oil tanker of at least 40,000 deadweight tons shall be equipped with - (A) segregated ballast tanks; or (B) a crude oil washing system. (2) Compliance with paragraph (1) of this subsection may be delayed until June 1, 1985, for any tanker of less than 70,000 deadweight tons that has dedicated clean ballast tanks. (c) An existing crude oil tanker of at least 20,000 deadweight tons but less than 40,000 deadweight tons, and at least 15 years of age, shall be equipped with segregated ballast tanks or a crude oil washing system before January 2, 1986, or the date on which the tanker reaches 15 years of age, whichever is later. (d) An existing crude oil tanker of at least 20,000 deadweight tons shall be equipped with an inert gas system. However, for a crude oil tanker of less than 40,000 deadweight tons not fitted with high capacity tank washing machines, the Secretary may grant an exemption if the vessel's owner can show clearly that compliance would be unreasonable and impracticable due to the vessel's design characteristics. (e) A crude oil tanker engaged in transferring oil from an offshore oil exploitation or production facility on the Outer Continental Shelf of the United States shall be equipped with segregated ballast tanks, or may operate with dedicated clean ballast tanks or special ballast arrangements. However, the tanker shall comply with other applicable minimum standards of this section. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 523.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 3705(a) 46:391a(7)(A) 3705(b) 46:391a(7)(D) 3705(c) 46:391a(7)(E) 3705(d) 46:391a(7)(F) 3705(e) 46:391a(7)(M) ------------------------------- Section 3705 requires compliance with certain minimum standards by a crude oil tanker, which is self-propelled. In general, the minimum required standards are consistent with those international standards that have been adopted as Protocols to the 1974 Safety of Life at Sea Convention and the 1973 Marine Pollution Convention. Section 3705(a) requires new crude oil tankers of 20,000 deadweight tons or above to have protectively located segregated ballast tanks, a crude oil washing system, and a specified cargo tank protection system. Section 3705(b) requires existing crude oil tankers of 40,000 deadweight tons or above to have segregated ballast tanks or a crude oil washing system. Compliance may be delayed until June 1, 1985 for smaller tankers that have dedicated clean ballast tanks. Section 3705(c) requires existing crude oil tankers of 20,000 deadweight tons or above, but less than 40,000 deadweight tons, that are 15 years or older, to have segregated ballast tanks or a crude oil washing system by January 1, 1985 or if less than 15 years old, by the date on which it reaches 15 years of age. Section 3705(d) requires existing crude oil tankers of 20,000 deadweight tons or above, to install an inert gas system. An exemption for crude oil tankers of less than 40,000 deadweight tons not fitted with high-capacity tank washing machines may be granted by the Secretary, only if it is demonstrated that compliance would be unreasonable and impracticable due to the vessel's design characteristics. Section 3705(e) requires existing crude oil tankers of 20,000 deadweight tons or above, engaged in the transfer of oil from Outer Continental Shelf oil exploitation or production facilities, to have segregated ballast tanks or be operated with dedicated clean ballast tanks or special ballast arrangements. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3709 of this title; section 1185 of Appendix to this title. ------DocID 53201 Document 102 of 963------ -CITE- 46 USC Sec. 3706 -EXPCITE- TITLE 46 Part B CHAPTER 37 -HEAD- Sec. 3706. Product carrier minimum standards -STATUTE- (a) A new product carrier of at least 30,000 deadweight tons shall be equipped with protectively located segregated ballast tanks. (b) A new product carrier of at least 20,000 deadweight tons shall be equipped with a cargo tank protection system consisting of a fixed deck froth system and a fixed inert gas system or, if the product carrier carries dedicated products incompatible with the cargo tank protection system, an alternate protection system authorized by the Secretary. (c) An existing product carrier of at least 40,000 deadweight tons shall be equipped with segregated ballast tanks or may operate with dedicated clean ballast tanks. (d) An existing product carrier of at least 20,000 deadweight tons but less than 40,000 deadweight tons, and at least 15 years of age, shall be equipped with segregated ballast tanks or may operate with dedicated clean ballast tanks before January 2, 1986, or the date on which it reaches 15 years of age, whichever is later. (e) An existing product carrier of at least 40,000 deadweight tons, or an existing product carrier of at least 20,000 deadweight tons but less than 40,000 deadweight tons that is fitted with high-capacity tank washing machines, shall be equipped with an inert gas system. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 523.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 3706(a) 46:391a(7)(B) 3706(b) 46:391a(7)(C) 3706(c) 46:391a(7)(G) 3706(d) 46:391a(7)(H) 3706(e) 46:391a(7)(I) ------------------------------- Section 3706 requires compliance with certain minimum standards by a product carrier, which is a self-propelled tank vessel. Section 3706(a) requires new product carriers of 30,000 deadweight tons or above, to have protectively located segregated ballast tanks. Section 3706(b) requires new product carriers of 20,000 deadweight tons or above, to have a cargo tank protection system consisting of a fixed deck froth system or a fixed inert gas system. If the products carried are incompatible with the cargo tank protection system, then an alternative protection system may be authorized. Section 3706(c) requires existing product carriers of 40,000 deadweight tons or above, to have segregated ballast tanks or to operate with dedicated clean ballast tanks. Section 3706(d) requires existing product carriers of 20,000 deadweight tons or above, but less than 40,000 deadweight tons, that are 15 years or older, to have segregated ballast tanks by January 1, 1985, or on the date on which it reaches 15 years of age or, in the alternative, that the vessel operate with dedicated clean ballast tanks. Section 3706(e) requires existing product carriers of 40,000 deadweight tons or above, or to existing product carriers, fitted with high-capacity tank washing machines, of 20,000 deadweight tons but less than 40,000 deadweight tons, to install an inert gas system. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3709 of this title; section 1185 of Appendix to this title. ------DocID 53202 Document 103 of 963------ -CITE- 46 USC Sec. 3707 -EXPCITE- TITLE 46 Part B CHAPTER 37 -HEAD- Sec. 3707. Tanker minimum standards -STATUTE- (a) A new tanker of at least 10,000 gross tons shall be equipped with - (1) 2 remote steering gear control systems operable separately from the navigating bridge; (2) the main steering gear control in the steering gear compartment; (3) means of communications and rudder angle indicators on the navigating bridge, a remote steering gear control station, and the steering gear compartment; (4) at least 2 identical and adequate power units for the main steering gear; (5) an alternative and adequate power supply, either from an emergency source of electrical power or from another independent source of power located in the steering gear compartment; and (6) means of automatic starting and stopping of power units with attendant alarms at all steering stations. (b) An existing tanker of at least 10,000 gross tons shall be equipped with - (1) 2 remote steering gear control systems operable separately from the navigating bridge; (2) the main steering gear control in the steering gear compartment; and (3) means of communications and rudder angle indicators on the navigating bridge, a remote steering gear control station, and the steering gear compartment. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 524.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 3707(a) 46:391a(7)(K) 3707(b) 46:391a(7)(L) ------------------------------- Section 3707 requires compliance with certain minimum standards by a tanker, which is a self-propelled tank vessel. Section 3707(a) requires new tankers of 10,000 gross tons or above, to have two remote steering gear control systems, a main steering gear control in the steering gear compartment, a means of communications and rudder angle indicators at specified locations, two or more specified power units for the main steering gear, an alternative and adequate power supply of specified characteristics, and a means of automatic operation of power units, with attendant alarms at all steering stations. Section 3707(b) requires existing tankers of 10,000 gross tons or above, to have two remote steering gear control systems, a main steering gear control in the steering gear compartment, and a means of communication and rudder angle indicators at specified locations. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1185 of Appendix to this title. ------DocID 53203 Document 104 of 963------ -CITE- 46 USC Sec. 3708 -EXPCITE- TITLE 46 Part B CHAPTER 37 -HEAD- Sec. 3708. Self-propelled tank vessel minimum standards -STATUTE- A self-propelled tank vessel of at least 10,000 gross tons shall be equipped with - (1) a dual radar system with short-range and long-range capabilities, each with true-north features; (2) an electronic relative motion analyzer that is at least functionally equivalent to equipment complying with specifications established by the Secretary of Transportation; (3) an electronic position-fixing device; (4) adequate communications equipment; (5) a sonic depth finder; (6) a gyrocompass; and (7) up-to-date charts. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 524.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 3708 46:391a(7)(J) ------------------------------- Section 3708 requires compliance with certain minimum standards by a self-propelled tank vessel. These requirements apply to any tank vessel of 10,000 gross tons or above with no distinction being made as to whether or not the vessel is 'primarily' constructed or adapted to carry oil or hazardous material in bulk in the cargo spaces. These vessels are required to be equipped with a dual radar system, a computerized relative motion analyzer, an electronic position fixing device, adequate communications equipment, a sonic depth finder, a gyrocompass, and up-to-date charts. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1185 of Appendix to this title. ------DocID 53204 Document 105 of 963------ -CITE- 46 USC Sec. 3709 -EXPCITE- TITLE 46 Part B CHAPTER 37 -HEAD- Sec. 3709. Exemptions -STATUTE- The Secretary may exempt a vessel from the minimum requirements established by sections 3704-3706 of this title for segregated ballast, crude oil washing, and dedicated clean ballast if the Secretary decides that shore-based reception facilities are a preferred method of handling ballast and that adequate facilities are readily available. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 524.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 3709 46:391a(7)(N) ------------------------------- Section 3709 provides the Secretary with the authority to exempt certain minimum tanker requirements of sections 3704, 3705, and 3706 when shorebased reception facilities are a better way of handling ballast and when the facilities are adequate and readily available. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1185 of Appendix to this title. ------DocID 53205 Document 106 of 963------ -CITE- 46 USC Sec. 3710 -EXPCITE- TITLE 46 Part B CHAPTER 37 -HEAD- Sec. 3710. Evidence of compliance by vessels of the United States -STATUTE- (a) A vessel of the United States to which this chapter applies that has on board oil or hazardous material in bulk as cargo or cargo residue must have a certificate of inspection issued under this part, endorsed to indicate that the vessel complies with regulations prescribed under this chapter. (b) Each certificate endorsed under this section is valid for not more than 24 months and may be renewed as specified by the Secretary. In appropriate circumstances, the Secretary may issue a temporary certificate valid for not more than 30 days. A certificate shall be suspended or revoked if the Secretary finds that the vessel does not comply with the conditions under which the certificate was issued. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 524.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 3710 46:391a(8)(A) 46:391a(8)(E) ------------------------------- Section 3710 prohibits any vessels of the United States subject to this chapter from having on board oil or hazardous material in bulk as cargo or in residue, unless it has a required Certificate of Inspection endorsed to indicate vessel compliance with applicable regulations. Certificates shall be valid for a period not to exceed two years and may be renewed as specified by the Secretary. The Secretary may issue temporary certificates of not more than thirty days duration and may revoke or suspend any certificate under designated circumstances. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3715 of this title. ------DocID 53206 Document 107 of 963------ -CITE- 46 USC Sec. 3711 -EXPCITE- TITLE 46 Part B CHAPTER 37 -HEAD- Sec. 3711. Evidence of compliance by foreign vessels -STATUTE- (a) A foreign vessel to which this chapter applies may operate on the navigable waters of the United States, or transfer oil or hazardous material in a port or place under the jurisdiction of the United States, only if the vessel has been issued a certificate of compliance by the Secretary. The Secretary may issue the certificate only after the vessel has been examined and found to be in compliance with this chapter and regulations prescribed under this chapter. The Secretary may accept any part of a certificate, endorsement, or document, issued by the government of a foreign country under a treaty, convention, or other international agreement to which the United States is a party, as a basis for issuing a certificate of compliance. (b) A certificate issued under this section is valid for not more than 24 months and may be renewed as specified by the Secretary. In appropriate circumstances, the Secretary may issue a temporary certificate valid for not more than 30 days. (c) A certificate shall be suspended or revoked if the Secretary finds that the vessel does not comply with the conditions under which the certificate was issued. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 525.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 3711 46:391a(8)(B) 46:391a(8)(C) 46:391a(8)(E) ------------------------------- Section 3711 prohibits any foreign vessel from operating on the navigable waters of the United States or from transferring oil or hazardous material in any port or place under the jurisdiction of the United States, unless it has a certificate of compliance issued by the Secretary indicating that the vessel has been examined and found to be in compliance with the provisions of the applicable regulations. It also authorizes the Secretary to accept, in whole or in part, an appropriate foreign certificate issued pursuant to any international agreement to which the United States is a party, as a basis for issuing the certificate of compliance. This means that the Secretary does not have to accept foreign certificates as evidence of compliance, but may take additional action to assure compliance with applicable domestic laws and regulations and international treaty provisions. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3715 of this title. ------DocID 53207 Document 108 of 963------ -CITE- 46 USC Sec. 3712 -EXPCITE- TITLE 46 Part B CHAPTER 37 -HEAD- Sec. 3712. Notification of noncompliance -STATUTE- The Secretary shall notify the owner, charterer, managing operator, agent, master, or individual in charge of a vessel found not to be in compliance with a regulation prescribed under this part and state how compliance may be achieved. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 525.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 3712 46:391a(8)(A) 46:391a(8)(B) ------------------------------- Section 3712 requires the Secretary to notify appropriate parties when a vessel is found not to be in compliance with applicable requirements, standards, or regulations and what remedial steps must be taken in order to comply with them. ------DocID 53208 Document 109 of 963------ -CITE- 46 USC Sec. 3713 -EXPCITE- TITLE 46 Part B CHAPTER 37 -HEAD- Sec. 3713. Prohibited acts -STATUTE- (a) A person may not - (1) violate this chapter or a regulation prescribed under this chapter; (2) refuse to permit any official, authorized by the Secretary to enforce this chapter, to board a vessel or to enter a shore area, place, or premises, under a person's control to make an inspection under this chapter; or (3) refuse to obey a lawful directive issued under this chapter. (b) A vessel to which this chapter applies may not - (1) operate on the navigable waters of the United States or use a port or place subject to the jurisdiction of the United States when not in compliance with this chapter or a regulation prescribed under this chapter; (2) fail to comply with a lawful directive issued under this chapter; or (3) carry a type or grade of oil or hazardous material in bulk as cargo or cargo residue unless its certificate is endorsed to allow that carriage. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 525.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 3713 46:391a(13) ------------------------------- Section 3713(a) prohibits any person from violating any provision of this chapter or a regulation prescribed under its authority. It prohibits the refusal to permit authorized officials to board a vessel or to enter a shore area for the purposes of inspection of the vessel or premises. It also prohibits the refusal to obey any lawful directive issued under this chapter. Section 3713(b) prohibits any vessel, subject to the provisions of this chapter from operating on the navigable waters of the United States, or from using any port or place subject to the jurisdiction of the United States while not in compliance with any provision of applicable law or regulation. It further prohibits any vessel from failing to comply with a lawful directive issued pursuant to the authority of this chapter. It also prohibits the vessel from carrying oil or hazardous material as cargo or cargo residue unless its certificate is so endorsed to permit its carriage. ------DocID 53209 Document 110 of 963------ -CITE- 46 USC Sec. 3714 -EXPCITE- TITLE 46 Part B CHAPTER 37 -HEAD- Sec. 3714. Inspection and examination -STATUTE- (a)(1) The Secretary shall have each vessel to which this chapter applies inspected or examined at least once each year. (2) Each of those vessels that is more than 10 years of age shall undergo a special and detailed inspection of structural strength and hull integrity as specified by the Secretary. (3) The Secretary may make contracts for conducting inspections or examinations in the United States and in foreign countries. An inspector conducting an inspection or examination under contract may not issue a certificate of inspection or a certificate of compliance, but the inspector may issue a temporary certificate. (4) The Secretary shall prescribe by regulation reasonable fees for an inspection or examination conducted under this section outside the United States, or which, when involving a foreign vessel, is conducted under a contract authorized by paragraph (3) of this subsection. The owner, charterer, or managing operator of a vessel inspected or examined by the Secretary is liable for the fees. Amounts received as fees shall be deposited in the Treasury. (5) The Secretary may allow provisional entry of a vessel to conduct an inspection or examination under this chapter. (b) Each vessel to which this chapter applies shall have on board those documents the Secretary considers necessary for inspection and enforcement, including documents listing - (1) the type, grade, and approximate quantities of cargo on board; (2) the shipper and consignee of the cargo; (3) the places of origin and destination of the vessel; and (4) the name of an agent in the United States authorized to accept service of legal process. (c) Each vessel to which this chapter applies that operates in the United States shall have a person designated as authorized to accept service of legal process for the vessel. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 526; Pub. L. 99-307, Sec. 1(8), May 19, 1986, 100 Stat. 445.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 3714 46:391a(15) ------------------------------- Section 3714(a) requires the Secretary to establish a program for the inspection of tank vessels, foreign or domestic, at least once each year. The Committee contemplates that United States vessels will be issued a 2 year certificate of inspection with a mid-period examination. The Committee also contemplates that foreign-flag vessels will continue to be tracked and boarded at least once a year or when they first arrive in the United States. The Secretary may examine the foreign-flag tank vessel but may accept, as a basis for the issuance of a certificate of compliance, in whole or in part a foreign-issued certificate. Each vessel over 10 years of age must undergo a special and detailed inspection of structural strength and hull integrity, as specified by the Secretary. An inspection or examination may be conducted by any officer authorized by the Secretary. The Committee expects that, whenever possible, a qualified marine inspector will be used wherever the vessel undergoes these 10-year inspections. The Secretary may also contract for inspections or examinations in the United States and in foreign countries. The primary reason for including a provision that permits the contracting for the conduct of inspections and examinations is to provide flexibility in foreign areas where Coast Guard marine inspectors are not normally available. A contract inspector may be authorized to act on behalf of the Secretary, but may not issue a certificate of inspection or compliance. The inspector may, however, issue a temporary certificate. The Committee understands that the 10-year inspections of United States-flag and foreign-flag vessels may occur at the time the vessel is scheduled for shipyard availability to complete the periodic classification society survey. The Secretary is also authorized and directed to prescribe by regulation reasonable fees for certain inspections or examinations conducted pursuant to this section based on the cost incurred. The owner of any vessel inspected or examined by the Secretary or his designee shall be liable for the fee. Amounts received as fees under this section are to be deposited in the Treasury. Section 3714(b) requires each vessel subject to this chapter to have on board those documents the Secretary declares are necessary for inspection or enforcement, including, but not limited to documents indicating the kind, grade, and approximate quantities of any cargo on board; the shipper and consignee of the cargo; the points of origin and destination of the vessel; and the name of an agent in the United States authorized to accept legal process. Section 3714(c) requires each vessel subject to this chapter to have a person authorized to accept service of legal process for the vessel. AMENDMENTS 1986 - Subsec. (a)(4). Pub. L. 99-307 substituted 'charterer' for 'charter'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3717 of this title. ------DocID 53210 Document 111 of 963------ -CITE- 46 USC Sec. 3715 -EXPCITE- TITLE 46 Part B CHAPTER 37 -HEAD- Sec. 3715. Lightering -STATUTE- (a) A vessel may transfer oil or hazardous material in a port or place subject to the jurisdiction of the United States, when the cargo has been transferred from another vessel on the navigable waters of the United States or in the marine environment, only if - (1) the transfer was conducted consistent with regulations prescribed by the Secretary; (2) both the delivering and receiving vessels had on board, at the time of transfer, a certificate of inspection or a certificate of compliance, as would have been required under section 3710 or 3711 of this title, had the transfer taken place in a port or place subject to the jurisdiction of the United States; and (3) the delivering and the receiving vessel had on board at the time of transfer, a certificate of financial responsibility as would have been required under section 1016 of the Oil Pollution Act of 1990, had the transfer taken place in a place subject to the jurisdiction of the United States; (4) the delivering and the receiving vessel had on board at the time of transfer, evidence that each vessel is operating in compliance with section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)); and (5) the delivering and the receiving vessel are operating in compliance with section 3703a of this title. (b) The Secretary shall prescribe regulations to carry out subsection (a) of this section. The regulations shall include provisions on - (1) minimum safe operating conditions, including sea state, wave height, weather, proximity to channels or shipping lanes, and other similar factors; (2) the prevention of spills; (3) equipment for responding to a spill; (4) the prevention of any unreasonable interference with navigation or other reasonable uses of the high seas, as those uses are defined by treaty, convention, or customary international law; (5) the establishment of lightering zones; and (6) requirements for communication and prearrival messages. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 526; Pub. L. 101-380, title IV, Sec. 4115(d), Aug. 18, 1990, 104 Stat. 520.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 3715 46:391a(17) ------------------------------- Section 3715 requires the Secretary to control lightering operations; that is, the transferring of cargoes at sea from large deep-draft vessels to shallow-draft vessels for subsequent transfer to shoreside terminals due to the inability of the larger tank vessels to enter shallow ports. It prohibits a tank vessel from unloading any cargo of oil or hazardous material at any port or terminal under the jurisdiction of the United States, unless the cargo has been transferred in accordance with lightering regulations. It also prohibits the shoreside transfer unless both the delivering and receiving vessels involved in the prior lightering had on board at the time of the offshore transfer, the certificates that would have been required had the transfer taken place in a port or place subject to the jurisdiction of the United States. The regulations to be prescribed by the Secretary shall include a number of specific considerations but may include any related matters deemed necessary to promote navigation and vessel safety and protection of the marine environment. The Secretary must consider standards for minimum safe operating conditions, including sea state, wave height, weather, vessel traffic, the prevention of oil spills, and oil spill response equipment. In regulating this operation, there must not be any unreasonable interference with international navigation or reasonable uses of the high seas, and there must be established lightering zones with attendant communications and prearrival message requirements. -REFTEXT- REFERENCES IN TEXT Section 1016 of the Oil Pollution Act of 1990, referred to in subsec. (a)(3), is classified to section 2716 of Title 33, Navigation and Navigable Waters. -MISC2- AMENDMENTS 1990 - Subsec. (a)(3) to (5). Pub. L. 101-380 added pars. (3) to (5). EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters. EFFECTIVE DATE Section 2(g)(2) of Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 599, provided that: 'Section 3715(a) of title 46 (as enacted by section 1 of this Act) is effective on the day after the effective date of the regulations prescribed by the Secretary under section 3715(b) of title 46.' (Regulations effective Apr. 26, 1984, see 49 F.R. 11170, Mar. 26, 1984.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3703a of this title. ------DocID 53211 Document 112 of 963------ -CITE- 46 USC Sec. 3716 -EXPCITE- TITLE 46 Part B CHAPTER 37 -HEAD- Sec. 3716. Tank washings -STATUTE- (a) A vessel may not transfer cargo in a port or place subject to the jurisdiction of the United States if, before arriving, the vessel has discharged tank washings containing oil or hazardous material in preparation for loading at that port or place in violation of the laws of the United States or in a manner or quantities inconsistent with a treaty to which the United States is a party. (b) The Secretary shall establish effective control and supervisory measures to carry out this section. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 527.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 3716 46:391a(18) ------------------------------- Section 3716 requires the Secretary to establish effective control and supervisory measures to prohibit the discharge of tank washings by dumping at sea. The section also prohibits the dumping vessel from subsequently loading any cargo at a port or terminal subject to the jurisdiction of the United States. This section is intended to prohibit the practice of discharging a cargo of oil or hazardous substance, then going to sea to clean tanks by pumping tank washing mixtures overboard, and then returning to a port or terminal subject to the jurisdiction of the United States for the purpose of loading a cargo that was incompatible with the prior cargo. ------DocID 53212 Document 113 of 963------ -CITE- 46 USC Sec. 3717 -EXPCITE- TITLE 46 Part B CHAPTER 37 -HEAD- Sec. 3717. Marine safety information system -STATUTE- (a) The Secretary shall establish a marine safety information system that shall contain information about each vessel to which this chapter applies that operates on the navigable waters of the United States, or that transfers oil or hazardous material in a port or place under the jurisdiction of the United States. In acquiring this information, the Secretary shall make full use of publicly available information. The Secretary may by regulation require the vessel to provide information that the Secretary considers necessary to carry out this subsection, including - (1) the name of each person with an ownership interest in the vessel; (2) details of compliance with the financial responsibility requirements of applicable laws or regulations; (3) registration information, including all changes in the name of the vessel; (4) the history of marine casualties and serious repair problems of the vessel; and (5) a record of all inspections and examinations of a vessel conducted under section 3714 of this title. (b) On written request from the Secretary, the head of each department, agency, or instrumentality of the United States Government shall provide available information that the Secretary considers necessary to confirm the information received under subsection (a) of this section. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 527.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 3717 46:391a(16) ------------------------------- Section 3717 requires the Secretary to establish a marine safety information system which is to contain selected information on any tank vessel, foreign or domestic, that comes within the jurisdiction of the United States. This information must be recorded and maintained up-to-date and is available from a number of sources. In some instances, this information is required as a condition of entry. This information shall include certain ownership interests, financial responsibility information, all registered names that the vessel has had since it was built, the present and prior countries of registry, history of accidents or serious repair problems, record of the various inspections or examinations required, and any other data the Secretary deems appropriate to carry out the intent of the section. The section also provides for interagency cooperation and the furnishing of available data and information. ------DocID 53213 Document 114 of 963------ -CITE- 46 USC Sec. 3718 -EXPCITE- TITLE 46 Part B CHAPTER 37 -HEAD- Sec. 3718. Penalties -STATUTE- (a)(1) A person violating this chapter or a regulation prescribed under this chapter is liable to the United States Government for a civil penalty of not more than $25,000. Each day of a continuing violation is a separate violation. (2) Each vessel to which this chapter applies that is operated in violation of this chapter or a regulation prescribed under this chapter is liable in rem for a civil penalty under this subsection. (b) A person willfully and knowingly violating this chapter or a regulation prescribed under this chapter commits a class D felony. (c) Instead of the penalties provided by subsection (b) of this section, a person willfully and knowingly violating this chapter or a regulation prescribed under this chapter, and using a dangerous weapon, or engaging in conduct that causes bodily injury or fear of imminent bodily injury to an official authorized to enforce this chapter or a regulation prescribed under this chapter, commits a class C felony. (d) The district courts of the United States have jurisdiction to restrain a violation of this chapter or a regulation prescribed under this chapter. (e) At the request of the Secretary, the Secretary of the Treasury shall withhold or revoke the clearance required by section 4197 of the Revised Statutes (46 App. U.S.C. 91) of a vessel the owner or operator of which is subject to a penalty under this section. Clearance may be granted on filing a bond or other surety satisfactory to the Secretary. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 527; Pub. L. 101-380, title IV, Sec. 4302(c), Aug. 18, 1990, 104 Stat. 538.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 3718 46:391a(14) ------------------------------- Section 3718 provides the authority to assess civil penalties for violation of the chapter or regulations. Each violation subjects the violator to a penalty not to exceed $25,000 for each violation and, in the case of a continuing violation, each day shall constitute a separate violation and the vessel is liable in rem. The procedures for assessing penalties are found in section 2107 of part A. With respect to criminal penalties, a willful or knowing violation of the section or a requlation subjects the offender, upon conviction, to a criminal fine of not more than $50,000 for each violation or imprisonment for not more than 1 year, or both. If the willful and knowing violation involves the use of a dangerous weapon or constitutes an assault or battery, the offender is subjected to a fine of not more than $100,000 or imprisonment of not more than 10 years, or both. In addition, where the owner or operator of the vessel is subject to any of the penalties prescribed, the Secretary of the Treasury is directed to withhold required Customs clearance, at the request of the Secretary. Clearance may be granted upon the filing of a bond or other surety satisfactory to the Secretary. AMENDMENTS 1990 - Subsec. (b). Pub. L. 101-380, Sec. 4302(c)(1), substituted 'commits a class D felony' for 'shall be fined not more than $50,000, imprisoned for not more than 5 years, or both'. Subsec. (c). Pub. L. 101-380, Sec. 4302(c)(2), substituted 'commits a class C felony' for 'shall be fined not more than $100,000, imprisoned for not more than 10 years, or both'. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters. ------DocID 53214 Document 115 of 963------ -CITE- 46 USC CHAPTER 39 -EXPCITE- TITLE 46 Part B CHAPTER 39 -HEAD- CHAPTER 39 - CARRIAGE OF ANIMALS -MISC1- Sec. 3901. Regulations for accommodations for export animals. 3902. Penalties. ------DocID 53215 Document 116 of 963------ -CITE- 46 USC Sec. 3901 -EXPCITE- TITLE 46 Part B CHAPTER 39 -HEAD- Sec. 3901. Regulations for accommodations for export animals -STATUTE- The Secretary of Agriculture may prescribe regulations governing the accommodations on board vessels for cattle, horses, mules, asses, sheep, goats, and swine to be carried from the United States to a foreign country. The regulations shall prescribe standards for space, ventilation, fittings, food and water supply, and other requirements the Secretary of Agriculture considers necessary for the safe and proper transportation and humane treatment of those animals. The Secretary of Agriculture may examine any vessel the Secretary of Agriculture considers necessary to carry out this chapter. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 528.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 3901 46:466a ------------------------------- Section 3901 contains the authority to regulate accommodations for the export of animals by the Secretary of Agriculture. The regulations shall prescribe standards for space and ventilation and any other requirements considered necessary. EFFECTIVE DATE Chapter effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 98-89, set out as a note under section 3101 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3902 of this title. ------DocID 53216 Document 117 of 963------ -CITE- 46 USC Sec. 3902 -EXPCITE- TITLE 46 Part B CHAPTER 39 -HEAD- Sec. 3902. Penalties -STATUTE- When the owner, charterer, managing operator, agent, master, or individual in charge of a vessel carrying animals referred to in section 3901 of this title willfully violates, or causes or permits to be violated, a regulation prescribed under this chapter, the vessel may be prohibited from carrying any such animals from the United States for a period, of not more than one year, that the Secretary of Agriculture directs. The vessel may not be cleared from a port of the United States during that period. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 528.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 4101 46:526u ------------------------------- Section 4101 makes this chapter applicable to uninspected vessels, as defined in section 2101(43), that operate on the navigable waters of the United States or that are owned in the United States and while operating on the high seas. Therefore a vessel that operates on waters that are considered to be solely State waters would not be subject to these Federal requirements. AMENDMENTS 1988 - Pub. L. 100-424 inserted 'not subject to chapter 45 of this title' after 'an uninspected vessel'. EFFECTIVE DATE Chapter effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 98-89, set out as a note under section 3101 of this title. ------DocID 53217 Document 118 of 963------ -CITE- 46 USC Sec. 4102 -EXPCITE- TITLE 46 Part B CHAPTER 39 -HEAD- Sec. 4102. Safety equipment -STATUTE- (a) Each uninspected vessel propelled by machinery shall be provided with the number, type, and size of fire extinguishers, capable of promptly and effectively extinguishing burning liquid fuel, that may be prescribed by regulation. The fire extinguishers shall be kept in condition for immediate and effective use and so placed as to be readily accessible. (b) Each uninspected vessel propelled by machinery shall carry at least one readily accessible life preserver or other lifesaving device, of the type prescribed by regulation, for each individual on board. (c) Each uninspected vessel shall have the carburetors of each engine of the vessel (except an outboard motor) using gasoline as fuel, equipped with an efficient flame arrestor, backfire trap, or other similar device prescribed by regulation. (d) Each uninspected vessel using a volatile liquid as fuel shall be provided with the means prescribed by regulation for properly and efficiently ventilating the bilges of the engine and fuel tank compartments, so as to remove any explosive or flammable gases. (e) Each manned uninspected vessel operating on the high seas or beyond three nautical miles from the coastline of the Great Lakes shall be equipped with the number and type of alerting and locating equipment, including emergency position indicating radio beacons, prescribed by the Secretary. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 528; Pub. L. 99-640, Sec. 16, Nov. 10, 1986, 100 Stat. 3552; Pub. L. 100-424, Sec. 2(c), Sept. 9, 1988, 102 Stat. 1590; Pub. L. 100-540, Sec. 1(a), Oct. 28, 1988, 102 Stat. 2719.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 4102(a) 46:526g 4102(b) 46:526e 4102(c) 46:526i 4102(d) 46:526j ------------------------------- Section 4102 requires uninspected vessels to comply with certain provisions that incorporate minimum safety equipment and construction requirements. The Committee intends that the term life preserver include all types of personal equipment, including exposure suits with floatation characteristics. AMENDMENTS 1988 - Subsec. (e). Pub. L. 100-540 amended subsec. (e) generally without regard to the prior repeal of subsec. (e) by Pub. L. 100-424. Pub. L. 100-424 struck out subsec. (e) which read as follows: 'Each uninspected fishing, fish processing, or fish tender vessel operating on the high seas shall be equipped with the number and type of emergency position indicating radio beacons prescribed by regulation.' See section 4502(a)(7) of this title. 1986 - Subsec. (e). Pub. L. 99-640 added subsec. (e). -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 4103 of this title. ------DocID 53218 Document 119 of 963------ -CITE- 46 USC Sec. 4103 -EXPCITE- TITLE 46 Part B CHAPTER 39 -HEAD- Sec. 4103. Exemptions -STATUTE- (a) The Secretary may exempt a vessel from any part of this chapter if, under regulations prescribed by the Secretary (including regulations on special operating conditions), the Secretary finds that - (1) good cause exists for granting an exemption; and (2) the safety of the vessel and individuals on board will not be adversely affected. (b) Section 4102(a) of this title does not apply to a vessel propelled by outboard motors when competing in a race previously arranged and announced or, if the vessel is designed and intended only for racing, when operated incidental to tuning up the vessel and its engines for the race. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 529; Pub. L. 100-540, Sec. 2, Oct. 28, 1988, 102 Stat. 2719.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 4103 46:525h ------------------------------- Section 4103 contains an exemption from carrying fire extinguishers, for on a vessel competing in an organized race or a vessel designed and intended for racing only. AMENDMENTS 1988 - Pub. L. 100-540 added subsec. (a) and designated existing provisions as subsec. (b). ------DocID 53219 Document 120 of 963------ -CITE- 46 USC Sec. 4104 -EXPCITE- TITLE 46 Part B CHAPTER 39 -HEAD- (Sec. 4104. Repealed. Pub. L. 101-595, title VI, Sec. 603(3)(A), Nov. 16, 1990, 104 Stat. 2993) -MISC1- Section, Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 529, required Secretary to prescribe regulations to carry out provisions of this chapter. ------DocID 53220 Document 121 of 963------ -CITE- 46 USC Sec. 4105 -EXPCITE- TITLE 46 Part B CHAPTER 39 -HEAD- Sec. 4105. Uninspected passenger vessels -STATUTE- Chapter 43 of this title applies to an uninspected passenger vessel. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 529.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 4105 46:1452 46:1453 ------------------------------- Section 4105 provides that an uninspected passenger vessel is subject to Chapter 43, as a recreational vessel even when it is carrying not more than six passengers. ------DocID 53221 Document 122 of 963------ -CITE- 46 USC Sec. 4106 -EXPCITE- TITLE 46 Part B CHAPTER 39 -HEAD- Sec. 4106. Penalties -STATUTE- If a vessel to which this chapter applies is operated in violation of this chapter or a regulation prescribed under this chapter, the owner, charterer, managing operator, agent, master, and individual in charge are each liable to the United States Government for a civil penalty of not more than $5,000. The vessel also is liable in rem for the penalty. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 529; Pub. L. 100-540, Sec. 3, Oct. 28, 1988, 102 Stat. 2719.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 4106 46:526o ------------------------------- Section 4106 provides a civil penalty of $100 for a violation of this chapter or a regulation under this chapter. The vessel also is liable in rem. AMENDMENTS 1988 - Pub. L. 100-540 substituted 'not more than $5,000' for '$100'. ------DocID 53222 Document 123 of 963------ -CITE- 46 USC CHAPTER 43 -EXPCITE- TITLE 46 Part B CHAPTER 43 -HEAD- CHAPTER 43 - RECREATIONAL VESSELS -MISC1- Sec. 4301. Application. 4302. Regulations. 4303. Inspection and testing. 4304. Importation of nonconforming vessels and equipment. 4305. Exemptions. 4306. Federal preemption. 4307. Prohibited acts. 4308. Termination of unsafe operation. 4309. Investigation and reporting. 4310. Repair and replacement of defects. 4311. Penalties and injunctions. HISTORICAL AND REVISION NOTES Chapter 43 contians the laws applicable to recreational vessels, which originated primarily with the enactment of the Federal Boat Safety Act of 1971 (Public Law 92-75, 85 Stat. 213). That Act embraced a number of activities, but the portion restated in this chapter deals with the establishment of national construction and performance standards for recreational vessels and their associated equipment, the necessary flexible regulatory authority for inspection and testing, Federal preemption, certain necessary prohibited acts, enforcement authority, investigation and reporting requirements, procedures for repair and defect notification, and attendant penalties and injunctive relief. These laws are a direct response to the dramatic increase in the number of recreational boats and the Congressional recognition of the maritime safety problems that recreational boating has imposed upon our more than 25 million miles of waterways. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 2102, 4105 of this title; title 15 section 2052. ------DocID 53223 Document 124 of 963------ -CITE- 46 USC Sec. 4301 -EXPCITE- TITLE 46 Part B CHAPTER 43 -HEAD- Sec. 4301. Application -STATUTE- (a) This chapter applies to a recreational vessel and associated equipment carried in the vessel on waters subject to the jurisdiction of the United States and, for a vessel owned in the United States, on the high seas. (b) Except when expressly otherwise provided, this chapter does not apply to a foreign vessel temporarily operating on waters subject to the jurisdiction of the United States. (c) Until there is a final judicial decision that they are navigable waters of the United States, the following waters lying entirely in New Hampshire are declared not to be waters subject to the jurisdiction of the United States within the meaning of this section: Lake Winnisquam, Lake Winnipesaukee, parts of the Merrimack River, and their tributary and connecting waters. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 529.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 4301 46:1453 ------------------------------- Section 4301 provides that this chapter is applicable to a recreational vessel that operates on waters subject to the jurisdiction of the United States or that is owned in the United States and while operating on the high seas. It also provides that a foreign recreational vessel that temporarily uses our waters is not subject to the requirements of this chapter. However, if the vessel remains permanently in the United States, it would be subject to the provisions of this chapter. Section 4301(c) recognizes the ongoing controversy over the navigability of certain waters of New Hampshire. While a recreational vessel operating on these waters need not meet the requirements of this chapter, it would be prohibited from operating on any other waters subject to the jurisdiction of the United States if it does not comply with these requirements. EFFECTIVE DATE Chapter effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 98-89, set out as a note under section 3101 of this title. ------DocID 53224 Document 125 of 963------ -CITE- 46 USC Sec. 4302 -EXPCITE- TITLE 46 Part B CHAPTER 43 -HEAD- Sec. 4302. Regulations -STATUTE- (a) The Secretary may prescribe regulations - (1) establishing minimum safety standards for recreational vessels and associated equipment, and establishing procedures and tests required to measure conformance with those standards, with each standard - (A) meeting the need for recreational vessel safety; and (B) being stated, insofar as practicable, in terms of performance; (2) requiring the installation, carrying, or use of associated equipment (including fuel systems, ventilation systems, electrical systems, sound-producing devices, firefighting equipment, lifesaving devices, signaling devices, ground tackle, life- and grab-rails, and navigational equipment) on recreational vessels and classes of recreational vessels subject to this chapter, and prohibiting the installation, carrying, or use of associated equipment that does not conform with safety standards established under this section; and (3) requiring or permitting the display of seals, labels, plates, insignia, or other devices for certifying or evidencing compliance with safety regulations and standards of the United States Government for recreational vessels and associated equipment. (b) Each regulation prescribed under this section shall specify an effective date that is not earlier than 180 days from the date the regulation was published, unless the Secretary finds that there exists a recreational vessel safety hazard so critical as to require an earlier effective date. However, this period may not be more than 24 months for cases involving, in the discretion of the Secretary, major product design, retooling, or major changes in the manufacturing process. (c) In prescribing regulations under this section, the Secretary shall, among other things - (1) consider the need for and the extent to which the regulations will contribute to recreational vessel safety; (2) consider relevant available recreational vessel safety standards, statistics, and data, including public and private research, development, testing, and evaluation; (3) not compel substantial alteration of a recreational vessel or item of associated equipment that is in existence, or the construction or manufacture of which is begun before the effective date of the regulation, but subject to that limitation may require compliance or performance, to avoid a substantial risk of personal injury to the public, that the Secretary considers appropriate in relation to the degree of hazard that the compliance will correct; and (4) consult with the National Boating Safety Advisory Council established under section 13110 of this title about the considerations referred to in clauses (1)-(3) of this subsection. (d) Section 8903 of this title does not apply to a vessel being operated for bona fide dealer demonstrations provided without fee to business invitees. However, if on the basis of substantial evidence, the Secretary decides under this section that requiring vessels so operated to be under the control of licensed individuals is necessary for boating safety, then the Secretary may prescribe regulations requiring the licensing of individuals controlling these vessels in the same manner as provided in chapter 89 of this title for individuals in control of vessels carrying passengers for hire. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 530.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 4302 46:1454 46:1455 46:1456 46:1464(g) 46:1488 ------------------------------- Section 4302 authorizes the Secretary to prescribe regulations to carry out the provisions of this chapter. In lieu of establishing specific statutory safety requirements, subsection (a) provides flexible regulatory authority to establish uniform standards for the design, construction, materials, and performance of the boats themselves and all associated equipment. It also provides for the display of seals and other devices for certifying or evidencing compliance with applicable safety regulations or standards. Section 4302(b) requires a regulation prescribed under this section to have an effective date that is not earlier than 180 days from publication. However, in those instances where a safety hazard may be critical an earlier effective date is authorized. Section 4302(c) requires the Secretary to consider certain objectives in developing regulatory controls and regulations or standards and that there must be an effective consultation process. Section 4302(d) exempts dealer demonstration boats from the requirement of having to be named by a licensed individual when demonstrating boats to prospective purchasers or other business invitees when no fees are charged. The Secretary may require that boats so used be under control of a licensed individual. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 4303, 4306, 4310, 8905, 13110 of this title. ------DocID 53225 Document 126 of 963------ -CITE- 46 USC Sec. 4303 -EXPCITE- TITLE 46 Part B CHAPTER 43 -HEAD- Sec. 4303. Inspection and testing -STATUTE- (a) Subject to regulations, supervision, and reviews that the Secretary may prescribe, the Secretary may delegate to a person, private or public agency, or organization, or to an officer or employee under the supervision of that person or agency, any work, business, or function related to the testing, inspection, and examination necessary for compliance enforcement and for the development of data to enable the Secretary to prescribe regulations under section 4302 of this title. (b) The Secretary may - (1) conduct research, testing, and development necessary to carry out this chapter, including the procurement by negotiation or otherwise of experimental and other recreational vessels or associated equipment for research and testing purposes; and (2) subsequently sell those vessels. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 531.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 4303 46:1457 ------------------------------- Section 4303 authorizes the Secretary to delegate to certain persons or agencies or organizations any work, business, or function related to the testing, inspection, and examination necessary for compliance enforcement. The Secretary may also conduct research, testing, and development necessary to carry out this chapter, including procurement of vessels and equipment and their subsequent sale. The Committee wishes to make clear that the Secretary may sell anything that was purchased to test. ------DocID 53226 Document 127 of 963------ -CITE- 46 USC Sec. 4304 -EXPCITE- TITLE 46 Part B CHAPTER 43 -HEAD- Sec. 4304. Importation of nonconforming vessels and equipment -STATUTE- The Secretary and the Secretary of the Treasury may authorize by joint regulations the importation of any nonconforming recreational vessel or associated equipment on conditions, including providing a bond, that will ensure that the recreational vessel or associated equipment will be brought into conformity with applicable safety regulations and standards of the Government before the vessel or equipment is operated on waters subject to the jurisdiction of the United States. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 531.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 4304 46:1460 ------------------------------- Section 4304 requires the regulation and control of the importation of nonconforming recreational vessels and associated equipment. This is to assure United States manufacturers that foreign imports comply with those regulations and standards in effect for United States products so that all manufacturers will be on this same competitive footing. This is being done in lieu of providing a specific prohibition against the importation of these vessels and equipment that might be considered an imposition of a non-tariff barrier to trade. ------DocID 53227 Document 128 of 963------ -CITE- 46 USC Sec. 4305 -EXPCITE- TITLE 46 Part B CHAPTER 43 -HEAD- Sec. 4305. Exemptions -STATUTE- If the Secretary considers that recreational vessel safety will not be adversely affected, the Secretary may issue an exemption from this chapter or a regulation prescribed under this chapter. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 531.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 4305 46:1458 ------------------------------- Section 4305 permits the Secretary to grant appropriate exemptions from the requirements of this chapter when recreational vessel safety will not be adversely affected. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 4306 of this title. ------DocID 53228 Document 129 of 963------ -CITE- 46 USC Sec. 4306 -EXPCITE- TITLE 46 Part B CHAPTER 43 -HEAD- Sec. 4306. Federal preemption -STATUTE- Unless permitted by the Secretary under section 4305 of this title, a State or political subdivision of a State may not establish, continue in effect, or enforce a law or regulation establishing a recreational vessel or associated equipment performance or other safety standard or imposing a requirement for associated equipment (except insofar as the State or political subdivision may, in the absence of the Secretary's disapproval, regulate the carrying or use of marine safety articles to meet uniquely hazardous conditions or circumstances within the State) that is not identical to a regulation prescribed under section 4302 of this title. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 531.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 4306 46:1459 46:1460 ------------------------------- Section 4306 establishes the Federal preemption of recreational boating standards and requirements. A State or a political subdivision may not establish, continue, or enforce a law or regulation establishing a performance or other safety standard that is not identical to a Federal standard. The Secretary may grant an exemption to a State when the State requirement is one that is needed to meet uniquely hazardous conditions or circumstances within a State. This is to provide uniform standards without the imposition of excessive special requirements by individual States. ------DocID 53229 Document 130 of 963------ -CITE- 46 USC Sec. 4307 -EXPCITE- TITLE 46 Part B CHAPTER 43 -HEAD- Sec. 4307. Prohibited acts -STATUTE- (a) A person may not - (1) manufacture, construct, assemble, sell or offer for sale, introduce or deliver for introduction into interstate commerce, or import into the United States, a recreational vessel, associated equipment, or component of the vessel or equipment unless - (A)(i) it conforms with this chapter or a regulation prescribed under this chapter; and (ii) it does not contain a defect which has been identified, in any communication to such person by the Secretary or the manufacturer of that vessel, equipment or component, as creating a substantial risk of personal injury to the public; or (B) it is intended only for export and is so labeled, tagged, or marked on the recreational vessel or equipment, including any markings on the outside of the container in which it is to be exported; (2) affix, attach, or display a seal, document, label, plate, insignia, or other device indicating or suggesting compliance with standards of the United States Government on, in, or in connection with, a recreational vessel or item of associated equipment that is false or misleading; or (3) fail to provide a notification as required by this chapter or fail to exercise reasonable diligence in carrying out the notification and reporting requirements of this chapter. (b) A person may not operate a vessel in violation of this chapter or a regulation prescribed under this chapter. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 531; Pub. L. 98-557, Sec. 8(a), Oct. 30, 1984, 98 Stat. 2862.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 4307(a) 46:1461(a) 4307(b) 46:1461(c) ------------------------------- Section 4307 prohibits certain acts in the manufacture and operation of recreational vessels. AMENDMENTS 1984 - Subsec. (a)(1)(A). Pub. L. 98-557 designated existing provisions as cl. (i), substituted 'and' for 'or', and added cl. (ii). -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 4311 of this title. ------DocID 53230 Document 131 of 963------ -CITE- 46 USC Sec. 4308 -EXPCITE- TITLE 46 Part B CHAPTER 43 -HEAD- Sec. 4308. Termination of unsafe operation -STATUTE- If an official charged with the enforcement of this chapter observes a recreational vessel being operated without sufficient lifesaving or firefighting devices or in an overloaded or other unsafe condition (as defined in regulations prescribed under this chapter) and, in the judgment of the official, the operation creates an especially hazardous condition, the official may direct the individual in charge of the recreational vessel to take immediate and reasonable steps necessary for the safety of individuals on board the vessel, including directing the individual in charge to return to a mooring and to remain there until the situation creating the hazard is corrected or ended. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 532; Pub. L. 99-307, Sec. 1(9), May 19, 1986, 100 Stat. 445.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 4308 46:1462 ------------------------------- Section 4308 authorizes an appropriate official to terminate the unsafe operation of recreational vessels. If the official observes the vessel being operated without sufficient lifesaving or firefighting devices or in an overloaded or other unsafe condition (as defined in regulations) and believes the operation creates an especially hazardous condition, the operator may be directed to take immediate and reasonable steps necessary for safety, including returning to a mooring and remaining there until the hazard is corrected or ended. This does not prevent the assessment of any applicable civil penalties nor the pursuing of appropriate criminal action. AMENDMENTS 1986 - Pub. L. 99-307 substituted 'individual in charge' for 'operator' in two places. ------DocID 53231 Document 132 of 963------ -CITE- 46 USC Sec. 4309 -EXPCITE- TITLE 46 Part B CHAPTER 43 -HEAD- Sec. 4309. Investigation and reporting -STATUTE- (a) A recreational vessel manufacturer to whom this chapter applies shall establish and maintain records and reports and provide information the Secretary may require to enable the Secretary to decide whether the manufacturer has acted or is acting in compliance with this chapter and regulations prescribed under this chapter. On request of an officer, employee, or agent authorized by the Secretary, a recreational vessel manufacturer shall permit the officer, employee, or agent to inspect, at reasonable times, factories or other facilities, and records related to deciding whether the manufacturer has acted or is acting in compliance with this chapter and regulations prescribed under this chapter. (b) Information reported to or otherwise obtained by the Secretary or the representative of the Secretary under this section containing or related to a trade secret or other matter referred to in section 1905 of title 18, or authorized to be exempt from public disclosure by section 552(b) of title 5, is confidential under section 1905. However, on approval of the Secretary, the information may be disclosed to other officers, employees, or agents concerned with carrying out this chapter or when it is relevant in a proceeding under this chapter. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 532.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 4309 46:1463 ------------------------------- Section 4309 requires the establishment and maintenance of certain records by manufacturers, and the inspection and access to these records by the Secretary, at reasonable times, so as to assure Federal enforcement officials that the manufacturer has acted or is in compliance with applicable laws and regulations. It also provides protection for matters related to trade secrets and exemptions from public disclosure. ------DocID 53232 Document 133 of 963------ -CITE- 46 USC Sec. 4310 -EXPCITE- TITLE 46 Part B CHAPTER 43 -HEAD- Sec. 4310. Repair and replacement of defects -STATUTE- (a) In this section, 'associated equipment' includes only items or classes of associated equipment that the Secretary shall prescribe by regulation after deciding that the application of the requirements of this section to those items or classes of associated equipment is reasonable and in furtherance of this chapter. (b) If a recreational vessel or associated equipment has left the place of manufacture and the recreational vessel manufacturer discovers or acquires information that the manufacturer decides, in the exercise of reasonable and prudent judgment, indicates that a recreational vessel or associated equipment subject to an applicable regulation prescribed under section 4302 of this title either fails to comply with the regulation, or contains a defect that creates a substantial risk of personal injury to the public, the manufacturer shall provide notification of the defect or failure of compliance as provided by subsections (c) and (d) of this section within a reasonable time after the manufacturer has discovered the defect. (c)(1) The notification required by subsection (b) of this section shall be given to the following persons in the following manner: (A) by certified mail to the first purchaser for other than resale, except that the requirement for notification of the first purchaser shall be satisfied if the recreational vessel manufacturer exercises reasonable diligence in establishing and maintaining a list of those purchasers and their current addresses, and sends the required notice to each person on that list at the address appearing on the list. (B) by certified mail to subsequent purchasers if known to the manufacturer. (C) by certified mail or other more expeditious means to the dealers and distributors of the recreational vessels or associated equipment. (2) The notification required by subsection (b) of this section is required to be given only for a defect or failure of compliance discovered by the recreational vessel manufacturer within a reasonable time after the manufacturer has discovered the defect or failure, except that the manufacturer's duty of notification under paragraph (1)(A) and (B) of this subsection applies only to a defect or failure of compliance discovered by the manufacturer within one of the following appropriate periods: (A) if a recreational vessel or associated equipment required by regulation to have a date of certification affixed, 5 years from the date of certification. (B) if a recreational vessel or associated equipment not required by regulation to have a date of certification affixed, 5 years from the date of manufacture. (d) The notification required by subsection (b) of this section shall contain a clear description of the defect or failure to comply, an evaluation of the hazard reasonably related to the defect or failure, a statement of the measures to correct the defect or failure, and an undertaking by the recreational vessel manufacturer to take those measures only at the manufacturer's cost and expense. (e) Each recreational vessel manufacturer shall provide the Secretary with a copy of all notices, bulletins, and other communications to dealers and distributors of that manufacturer, and to purchasers of recreational vessels or associated equipment of that manufacturer, about a defect related to safety in the recreational vessels or associated equipment, and any failure to comply with the regulation or order applicable to the recreational vessels or associated equipment. The Secretary may publish or otherwise disclose to the public information in the notices or other information the Secretary has that the Secretary considers will assist in carrying out this chapter. However, the Secretary may disclose any information that contains or relates to a trade secret only if the Secretary decides that the information is necessary to carry out this chapter. (f) If, through testing, inspection, investigation, or examination of reports, the Secretary decides that a recreational vessel or associated equipment to which this chapter applies contains a defect related to safety or fails to comply with an applicable regulation prescribed under this chapter and notification under this chapter is appropriate, the Secretary shall notify the recreational vessel manufacturer of the defect or failure. The notice shall contain the findings of the Secretary and shall include a synopsis of the information on which they are based. The manufacturer may then provide the notification required by this chapter to the persons designated in this chapter or dispute the Secretary's decision. If disputed, the Secretary shall provide the manufacturer with an opportunity to present views and establish that there is no such defect or failure. When the Secretary considers it to be in the public interest, the Secretary may publish notice of the proceeding in the Federal Register and provide interested persons, including the National Boating Safety Advisory Council, with an opportunity to comment. If, after presentation by the manufacturer, the Secretary decides that the recreational vessel or associated equipment contains a defect related to safety or fails to comply with an applicable regulation, the Secretary may direct the manufacturer to provide the notifications specified in this chapter. (g) The Secretary may prescribe regulations to carry out this section, including the establishment of procedures that require dealers and distributors to assist manufacturers in obtaining information required by this section. A regulation prescribed under this subsection does not relieve a manufacturer of any obligation imposed by this section. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 532.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 4310 46:1464 ------------------------------- Section 4310 imposes certain requirements on a recreational vessel and associated equipment manufacturer to provide notification of a defect or the failure of compliance after a manufacturer discovers the defect or failure. This section spells out the procedure for notification and who shall be notified. It assures the public of notification while protecting the manufacturer from the potential of damaging and inaccurate disclosures. ------DocID 53233 Document 134 of 963------ -CITE- 46 USC Sec. 4311 -EXPCITE- TITLE 46 Part B CHAPTER 43 -HEAD- Sec. 4311. Penalties and injunctions -STATUTE- (a) A person willfully operating a recreational vessel in violation of this chapter or a regulation prescribed under this chapter shall be fined not more than $5,000, imprisoned for not more than one year, or both. (b) A person violating section 4307(a)(1) of this title is liable to the United States Government for a civil penalty of not more than $2,000, except that the maximum civil penalty may be not more than $100,000 for a related series of violations. When a corporation violates section 4307(a)(1), any director, officer, or executive employee of the corporation who knowingly and willfully ordered, or knowingly and willfully authorized, a violation is individually liable to the Government for the penalty, in addition to the corporation. However, the director, officer, or executive employee is not liable individually under this subsection if the director, officer, or executive employee can demonstrate by a preponderance of the evidence that - (1) the order or authorization was issued on the basis of a decision, in exercising reasonable and prudent judgment, that the defect or the nonconformity with standards and regulations constituting the violation would not cause or constitute a substantial risk of personal injury to the public; and (2) at the time of the order or authorization, the director, officer, or executive employee advised the Secretary in writing of acting under this clause and clause (1) of this subsection. (c) A person violating any other provision of this chapter or other regulation prescribed under this chapter is liable to the Government for a civil penalty of not more than $1,000. If the violation involves the operation of a vessel, the vessel also is liable in rem for the penalty. (d) When a civil penalty of not more than $200 has been assessed under this chapter, the Secretary may refer the matter of collection of the penalty directly to the United States magistrate of the jurisdiction in which the person liable may be found for collection procedures under supervision of the district court and under an order issued by the court delegating this authority under section 636(b) of title 28. (e) The district courts of the United States have jurisdiction to restrain a violation of this chapter, or to restrain the sale, offer for sale, introduction or delivery for introduction into interstate commerce, or importation into the United States, of a recreational vessel or associated equipment that the court decides does not conform to safety standards of the Government. A civil action under this subsection shall be brought by filing a petition by the Attorney General for the Government. When practicable, the Secretary shall give notice to a person against whom an action for injunctive relief is contemplated and provide the person with an opportunity to present views and, except for a knowing and willful violation, shall provide the person with a reasonable opportunity to achieve compliance. The failure to give notice and provide the opportunity does not preclude the granting of appropriate relief by the district court. (f) A person is not subject to a penalty under this chapter if the person - (1) establishes that the person did not have reason to know, in exercising reasonable care, that a recreational vessel or associated equipment does not conform with the applicable safety standards of the Government or that the person was not advised by the Secretary or the manufacturer of that vessel, equipment or component that the vessel, equipment or component contains a defect which creates a substantial risk of personal injury to the public; or (2) holds a certificate issued by the manufacturer of that recreational vessel or associated equipment to the effect that the recreational vessel or associated equipment conforms to all applicable recreational vessel safety standards of the Government, unless the person knows or reasonably should have known that the recreational vessel or associated equipment does not so conform. (g) Compliance with this chapter or standards, regulations, or orders prescribed under this chapter does not relieve a person from liability at common law or under State law. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 534; Pub. L. 98-557, Sec. 8(b), (c), Oct. 30, 1984, 98 Stat. 2862.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 4311(a) 46:1483 4311(b) 46:1484(a) 4311(c) 46:1484(b) 4311(d) 46:1484(d) 4311(e) 46:1485 4311(f) 46:1461(b) 4311(g) 46:1489 ------------------------------- Section 4311 provides penalties for violating any of the provisions of this chapter or a regulation prescribed under this chapter. For a willful violation the penalty is a criminal fine; all other penalties are civil in nature. A person violating any of the prohibited acts specified in section 4307(a)(1) is subject to a maximum civil penalty that can go as high as a $100,000 for a related series of violations. However, the section provides for no liability for good faith reliance on certifications of compliance by others within the chain of responsibility and for defects that are not within an individual's responsibility or control. This section also contains an alternate procedure for the collection of a civil penalty of not more than $200 through a U.S. magistrate in lieu of the civil penalty procedures of the Coast Guard. It also directs the district courts of the United States to restrain the sale, offer for sale, introduction or delivery for introduction into interstate commerce, or importation of a recreational vessel or associated equipment that does not conform to applicable safety standards. Finally, compliance with this chapter or standards, regulations, or orders does not relieve a person from liability at common law or under State law. AMENDMENTS 1984 - Subsec. (b)(1). Pub. L. 98-557, Sec. 8(b), inserted 'defect or the' before 'nonconformity'. Subsec. (f)(1). Pub. L. 98-557, Sec. 8(c), inserted provisions relating to advice by the Secretary or manufacturer of the vessel, equipment or component respecting defects creating substantial risk of personal injury to the public. -CHANGE- CHANGE OF NAME Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 of Pub. L. 101-650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. ------DocID 53234 Document 135 of 963------ -CITE- 46 USC CHAPTER 45 -EXPCITE- TITLE 46 Part B CHAPTER 45 -HEAD- CHAPTER 45 - UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS -MISC1- Sec. 4501. Application. 4502. Safety standards. 4503. Fish processing vessel certification. 4504. Prohibited acts. 4505. Termination of unsafe operations. 4506. Exemptions. 4507. Penalties. 4508. Commercial Fishing Industry Vessel Advisory Committee. AMENDMENTS 1988 - Pub. L. 100-424, Sec. 2(a), Sept. 9, 1988, 102 Stat. 1585, in chapter heading substituted 'UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS' for 'FISH PROCESSING VESSELS', substituted 'Safety standards' for 'Regulations' in item 4502, 'Fish processing vessel certification' for 'Equivalency' in item 4503, 'Prohibited acts' for 'Penalties' in item 4504, and added items 4505 to 4508. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 2102, 4101 of this title. ------DocID 53235 Document 136 of 963------ -CITE- 46 USC Sec. 4501 -EXPCITE- TITLE 46 Part B CHAPTER 45 -HEAD- Sec. 4501. Application -STATUTE- (a) This chapter applies to an uninspected vessel which is a fishing vessel, fish processing vessel, or fish tender vessel. (b) This chapter does not apply to the carriage of bulk dangerous cargoes regulated under chapter 37 of this title. -SOURCE- (Added Pub. L. 98-364, title IV, Sec. 402(7)(C), July 17, 1984, 98 Stat. 446, and amended Pub. L. 100-424, Sec. 2(a), Sept. 9, 1988, 102 Stat. 1585.) -MISC1- AMENDMENTS 1988 - Pub. L. 100-424 amended section generally, in subsec. (a) substituting provisions which related to uninspected fish processing vessel entered into service after Dec. 31, 1987, having more than 16 individuals on board primarily employed in preparation of fish on navigable waters of United States or owned in United States and operating on high seas, for provisions which related to uninspected fishing vessel, fish processing vessel, or fish tender vessel, and in subsec. (b) substituting 'carriage of bulk' for 'carriage of liquid bulk'. FOREIGN BUILT VESSELS, EQUIVALENT COMPLIANCE UNTIL JULY 28, 1990 Section 7 of Pub. L. 100-424 provided that: 'Until July 28, 1990, a foreign built fish processing vessel subject to chapter 45 of title 46, United States Code, is deemed to comply with the requirements of that chapter if - '(1) it has an unexpired certificate of inspection issued by a foreign country that is a party to an International Convention for Safety of Life at Sea to which the United States Government is a party; and '(2) it is in compliance with the safety requirements of that foreign country that apply to that vessel.' ------DocID 53236 Document 137 of 963------ -CITE- 46 USC Sec. 4502 -EXPCITE- TITLE 46 Part B CHAPTER 45 -HEAD- Sec. 4502. Safety standards -STATUTE- (a) The Secretary shall prescribe regulations which require that each vessel to which this chapter applies shall be equipped with - (1) readily accessible fire extinguishers capable of promptly and effectively extinguishing a flammable or combustible liquid fuel fire; (2) at least one readily accessible life preserver or other lifesaving device for each individual on board; (3) an efficient flame arrestor, backfire trap, or other similar device on the carburetors of each inboard engine which uses gasoline as fuel; (4) the means to properly and efficiently ventilate enclosed spaces, including engine and fuel tank compartments, so as to remove explosive or flammable gases; (5) visual distress signals; (6) a buoyant apparatus, if the vessel is of a type required by regulations prescribed by the Secretary to be equipped with that apparatus; (7) alerting and locating equipment, including emergency position indicating radio beacons, on vessels that operate on the high seas; and (8) a placard as required by regulations prescribed under section 10603(b) of this title. (b)(1) In addition to the requirements of subsection (a) of this section, the Secretary shall prescribe regulations requiring the installation, maintenance, and use of the equipment in paragraph (2) of this subsection for documented vessels to which this chapter applies that - (A) operate beyond the Boundary Line; (B) operate with more than 16 individuals on board; or (C) in the case of a fish tender vessel, engage in the Aleutian trade. (2) The equipment to be required is as follows: (A) alerting and locating equipment, including emergency position indicating radio beacons; (B) lifeboats or liferafts sufficient to accommodate all individuals on board; (C) at least one readily accessible immersion suit for each individual on board that vessel when operating on the waters described in section 3102 of this title; (D) radio communications equipment sufficient to effectively communicate with land-based search and rescue facilities; (E) navigation equipment, including compasses, radar reflectors, nautical charts, and anchors; (F) first aid equipment, including medicine chests; and (G) other equipment required to minimize the risk of injury to the crew during vessel operations, if the Secretary determines that a risk of serious injury exists that can be eliminated or mitigated by that equipment. (c)(1) In addition to the requirements described in subsections (a) and (b) of this section, the Secretary may prescribe regulations establishing the standards in paragraph (2) of this subsection for vessels to which this chapter applies that - (A)(i) were built after December 31, 1988, or undergo a major conversion completed after that date; and (ii) operate with more than 16 individuals on board; or (B) in the case of a fish tender vessel, engage in the Aleutian trade. (2) The standards shall be minimum safety standards, including standards relating to - (A) navigation equipment, including radars and fathometers; (B) lifesaving equipment, immersion suits, signaling devices, bilge pumps, bilge alarms, life rails, and grab rails; (C) fire protection and firefighting equipment, including fire alarms and portable and semiportable fire extinguishing equipment; (D) use and installation of insulation material; (E) storage methods for flammable or combustible material; and (F) fuel, ventilation, and electrical systems. (d)(1) The Secretary shall prescribe regulations for the operating stability of a vessel to which this chapter applies - (A) that was built after December 31, 1989; or (B) the physical characteristics of which are substantially altered after December 31, 1989, in a manner that affects the vessel's operating stability. (2) The Secretary may accept, as evidence of compliance with this subsection, a certification of compliance issued by the person providing insurance for the vessel or by another qualified person approved by the Secretary. (e) In prescribing regulations under this chapter, the Secretary - (1) shall consider the specialized nature and economics of the operations and the character, design, and construction of the vessel; and (2) may not require the alteration of a vessel or associated equipment that was constructed or manufactured before the effective date of the regulation. (f) To ensure compliance with the requirements of this chapter, at least once every 2 years the Secretary shall examine - (1) a fish processing vessel; and (2) a fish tender vessel engaged in the Aleutian trade. -SOURCE- (Added Pub. L. 98-364, title IV, Sec. 402(7)(C), July 17, 1984, 98 Stat. 447, and amended Pub. L. 98-557, Sec. 33(a), Oct. 30, 1984, 98 Stat. 2876; Pub. L. 100-424, Sec. 2(a), Sept. 9, 1988, 102 Stat. 1585; Pub. L. 101-595, title VI, Sec. 602(c), Nov. 16, 1990, 104 Stat. 2990.) -MISC1- AMENDMENTS 1990 - Subsec. (b). Pub. L. 101-595, Sec. 602(c)(1), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: 'In addition to the requirements of subsection (a) of this section, the Secretary shall prescribe regulations for documented vessels to which this chapter applies that operate beyond the Boundary Line or that operate with more than 16 individuals on board, for the installation, maintenance, and use of - '(1) alerting and locating equipment, including emergency position indicating radio beacons; '(2) lifeboats or liferafts sufficient to accommodate all individuals on board; '(3) at least one readily accessible immersion suit for each individual on board that vessel when operating on the waters described in section 3102 of this title; '(4) radio communications equipment sufficient to effectively communicate with land-based search and rescue facilities; '(5) navigation equipment, including compasses, radar reflectors, nautical charts, and anchors; '(6) first aid equipment, including medicine chests; and '(7) other equipment required to minimize the risk of injury to the crew during vessel operations, if the Secretary determines that a risk of serious injury exists that can be eliminated or mitigated by that equipment.' Subsec. (c). Pub. L. 101-595, Sec. 602(c)(1), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: 'In addition to the requirements described in subsections (a) and (b) of this section, the Secretary may prescribe regulations establishing minimum safety standards for vessels to which this chapter applies that were built after December 31, 1988, or that undergo a major conversion completed after that date, and that operate with more than 16 individuals on board, including standards relating to - '(1) navigation equipment, including radars and fathometers; '(2) life saving equipment, immersion suits, signaling devices, bilge pumps, bilge alarms, life rails, and grab rails; '(3) fire protection and firefighting equipment, including fire alarms and portable and semiportable fire extinguishing equipment; '(4) use and installation of insulation material; '(5) storage methods for flammable or combustible material; and '(6) fuel, ventilation, and electrical systems.' Subsec. (f). Pub. L. 101-595, Sec. 602(c)(2), amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: 'The Secretary shall examine a fish processing vessel at least once every two years to ensure that the vessel complies with the requirements of this chapter.' 1988 - Pub. L. 100-424 amended section generally, substituting 'Safety standards' for 'Regulations' in section catchline, adding subsecs. (a) and (b), redesignating former subsec. (a) as (c) and establishing list of standards as minimum safety standards, in addition to requirements of subsecs. (a) and (b), for vessels built after Dec. 31, 1988, or that undergo major conversion completed after that date, that operate with more than 16 individuals on board, adding subsec. (d), redesignating former subsec. (b) as (e) and striking out provisions which required Secretary to consult with representatives of private sector, experienced in operation of these vessels, to ensure practicability of regulations, and adding subsec. (f). 1984 - Subsec. (b)(3). Pub. L. 98-557 substituted 'this chapter' for 'the exemption'. EFFECTIVE DATE OF 1990 AMENDMENT Section 602(f) of Pub. L. 101-595, provided that: 'This section (amending this section and sections 2102, 3302, 5102, 8104, and 8702 of this title, and enacting provisions set out as a note under section 7306 of this title) is effective on the date of enactment of this section (Nov. 16, 1990) except as follows: '(1) The requirements imposed by section 3302(c)(4)(B) and (C) of title 46, United States Code, (as enacted by subsection (b) of this section) is effective 6 months after the date of enactment of this Act. '(2) Before January 1, 1993, section 4502(c) (as amended by subsection (c) of this section) does not apply to a fish tender vessel engaged in the Aleutian trade, if the vessel - '(A)(i) before September 8, 1990, operated in that trade; or '(ii) before September 8, 1990, was purchased to be used in that trade and, before June 1, 1992, entered into service in that trade; and '(B) does not undergo a major conversion. '(3) Before January 1, 2003, a fish tender vessel is exempt from chapter 51 of title 46, United States Code, (as amended by subsection (d) of this section) when engaged in the Aleutian trade, if the vessel - '(A)(i) before September 8, 1990, operated in that trade; or '(ii) before September 8, 1990, was purchased to be used in this trade and, before June 1, 1992, entered into service in that trade; '(B) does not undergo a major conversion; and '(C) did not have a load line assigned at any time before the date of enactment of this Act. '(4) The requirements imposed by section 8702(b)(2) of title 46, United States Code, (as amended by subsection (e)(2)(B) of this section) are effective 1 year after the date of enactment of this Act.' FISHING INDUSTRY VESSEL INSPECTION STUDY Section 5(a) of Pub. L. 100-424 provided that: 'The Secretary of Transportation, utilizing the National Academy of Engineering and in consultation with the National Transportation Safety Board, the Commercial Fishing Industry Vessel Advisory Committee, and the fishing industry, shall - '(1) conduct a study of the safety problems on fishing industry vessels; '(2) make recommendations regarding whether a vessel inspection program should be implemented for fishing vessels, fish tender vessels, and fish processing vessels, including recommendations on the nature and scope of that inspection; and '(3) submit the study and recommendations to Congress before January 1, 1990.' UNCLASSIFIED FISH PROCESSING VESSEL STUDY Section 5(b) of Pub. L. 100-424 provided that: 'The Secretary of the department in which the Coast Guard is operating, in consultation with the Commercial Fishing Industry Vessel Advisory Committee established under section 4508 of title 46, United States Code (as amended by this Act), and with representatives of persons operating fish processing vessels - '(1) shall conduct a study of fish processing vessels that are not surveyed and classed by an organization approved by the Secretary; '(2) shall make recommendations regarding what hull and machinery requirements should apply to vessels described in paragraph (1) to ensure that those vessels are operated and maintained in a condition in which they are safe to operate at sea; and '(3) shall submit the study and recommendations to Congress before July 28, 1991.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 4506 of this title. ------DocID 53237 Document 138 of 963------ -CITE- 46 USC Sec. 4503 -EXPCITE- TITLE 46 Part B CHAPTER 45 -HEAD- Sec. 4503. Fish processing vessel certification -STATUTE- (a) A fish processing vessel to which this section applies may not be operated unless the vessel - (1) meets all survey and classification requirements prescribed by the American Bureau of Shipping or another similarly qualified organization approved by the Secretary; and (2) has on board a certificate issued by the American Bureau of Shipping or that other organization evidencing compliance with this subsection. (b) This section applies to a fish processing vessel to which this chapter applies that - (1) is built after July 27, 1990; or (2) undergoes a major conversion completed after that date. -SOURCE- (Added Pub. L. 98-364, title IV, Sec. 402(7)(C), July 17, 1984, 98 Stat. 447, and amended Pub. L. 98-557, Sec. 33(b), Oct. 30, 1984, 98 Stat. 2876; Pub. L. 100-424, Sec. 2(a), Sept. 9, 1988, 102 Stat. 1587.) -MISC1- AMENDMENTS 1988 - Pub. L. 100-424 amended section generally, substituting 'Fish processing vessel certification' for 'Equivalency' in section catchline, and provisions which require certification issued by American Bureau of Shipping or similar organization for fish processing vessel built after July 27, 1990, or undergoes major conversion completed after that date, for provisions which deemed compliance with this chapter if vessel has unexpired certificate of inspection issued by foreign country that is party to International Convention for Safety of Life at Sea to which United States is party. 1984 - Pub. L. 98-557 substituted 'is deemed' for 'shall be deemed'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 4505 of this title. ------DocID 53238 Document 139 of 963------ -CITE- 46 USC Sec. 4504 -EXPCITE- TITLE 46 Part B CHAPTER 45 -HEAD- Sec. 4504. Prohibited acts -STATUTE- A person may not operate a vessel in violation of this chapter or a regulation prescribed under this chapter. -SOURCE- (Added Pub. L. 98-364, title IV, Sec. 402(7)(C), July 17, 1984, 98 Stat. 447, and amended Pub. L. 100-424, Sec. 2(a), Sept. 9, 1988, 102 Stat. 1587.) -MISC1- AMENDMENTS 1988 - Pub. L. 100-424 amended section generally, substituting 'Prohibited acts' for 'Penalties' in section catchline, and provisions prohibiting operation of vessel in violation of this chapter, for provisions which imposed civil penalty not more than $1,000 for operation of vessel in violation of chapter, and liability in rem for penalty. ------DocID 53239 Document 140 of 963------ -CITE- 46 USC Sec. 4505 -EXPCITE- TITLE 46 Part B CHAPTER 45 -HEAD- Sec. 4505. Termination of unsafe operations -STATUTE- An official authorized to enforce this chapter - (1) may direct the individual in charge of a vessel to which this chapter applies to immediately take reasonable steps necessary for the safety of individuals on board the vessel if the official observes the vessel being operated in an unsafe condition that the official believes creates an especially hazardous condition, including ordering the individual in charge to return the vessel to a mooring and to remain there until the situation creating the hazard is corrected or ended; and (2) may order the individual in charge of an uninspected fish processing vessel that does not have on board the certificate required under section 4503(1) of this title to return the vessel to a mooring and to remain there until the vessel is in compliance with that section. -SOURCE- (Added Pub. L. 100-424, Sec. 2(a), Sept. 9, 1988, 102 Stat. 1587.) ------DocID 53240 Document 141 of 963------ -CITE- 46 USC Sec. 4506 -EXPCITE- TITLE 46 Part B CHAPTER 45 -HEAD- Sec. 4506. Exemptions -STATUTE- (a) The Secretary may exempt a vessel from any part of this chapter if, under regulations prescribed by the Secretary (including regulations on special operating conditions), the Secretary finds that - (1) good cause exists for granting an exemption; and (2) the safety of the vessel and those on board will not be adversely affected. (b) A vessel to which this chapter applies is exempt from section 4502(b)(2) of this title if it - (1) is less than 36 feet in length; and (2) is not operating on the high seas. -SOURCE- (Added Pub. L. 100-424, Sec. 2(a), Sept. 9, 1988, 102 Stat. 1587.) ------DocID 53241 Document 142 of 963------ -CITE- 46 USC Sec. 4507 -EXPCITE- TITLE 46 Part B CHAPTER 45 -HEAD- Sec. 4507. Penalties -STATUTE- (a) The owner, charterer, managing operator, agent, master, and individual in charge of a vessel to which this chapter applies which is operated in violation of this chapter or a regulation prescribed under this chapter may each be assessed a civil penalty by the Secretary of not more than $5,000. Any vessel with respect to which a penalty is assessed under this subsection is liable in rem for the penalty. (b) A person willfully violating this chapter or a regulation prescribed under this chapter shall be fined not more than $5,000, imprisoned for not more than one year, or both. -SOURCE- (Added Pub. L. 100-424, Sec. 2(a), Sept. 9, 1988, 102 Stat. 1588.) ------DocID 53242 Document 143 of 963------ -CITE- 46 USC Sec. 4508 -EXPCITE- TITLE 46 Part B CHAPTER 45 -HEAD- Sec. 4508. Commercial Fishing Industry Vessel Advisory Committee -STATUTE- (a) The Secretary shall establish a Commercial Fishing Industry Vessel Advisory Committee. The Committee - (1) may advise, consult with, report to, and make recommendations to the Secretary on matters relating to the safe operation of vessels to which this chapter applies, including navigation safety, safety equipment and procedures, marine insurance, vessel design, construction, maintenance and operation, and personnel qualifications and training; (2) may review proposed regulations under this chapter; (3) may make available to Congress any information, advice, and recommendations that the Committee is authorized to give to the Secretary; and (4) shall meet at the call of the Secretary, who shall call such a meeting at least once during each calendar year. (b)(1) The Committee shall consist of seventeen members with particular expertise, knowledge, and experience regarding the commercial fishing industry as follows: (A) ten members from the commercial fishing industry who - (i) reflect a regional and representational balance; and (ii) have experience in the operation of vessels to which this chapter applies or as a crew member or processing line worker on an uninspected fish processing vessel; (B) three members from the general public, including, whenever possible, an independent expert or consultant in maritime safety and a member of a national organization composed of persons representing owners of vessels to which this chapter applies and persons representing the marine insurance industry; (C) one member representing each of - (i) naval architects or marine surveyors; (ii) manufacturers of equipment for vessels to which this chapter applies; (iii) education or training professionals related to fishing vessel, fish processing vessel, or fish tender vessel safety or personnel qualifications; and (iv) underwriters that insure vessels to which this chapter applies. (2) At least once each year, the Secretary shall publish a notice in the Federal Register and in newspapers of general circulation in coastal areas soliciting nominations for membership on the Committee, and, after timely notice is published, appoint the members of the Committee. An individual may be appointed to a term as a member of the Committee more than once. The Secretary may not seek or use information concerning the political affiliation of individuals in making appointments to the Committee. (3)(A) A member of the Committee shall serve a term of three years. (B) If a vacancy occurs in the membership of the Committee, the Secretary shall appoint a member to fill the remainder of the vacated term. (4) The Committee shall elect one of its members as the Chairman and one of its members as the Vice Chairman. The Vice Chairman shall act as Chairman in the absence or incapacity of, or in the event of a vacancy in the office of, the Chairman. (5) The Secretary shall, and any other interested agency may, designate a representative to participate as an observer with the Committee. These representatives shall, as appropriate, report to and advise the Committee on matters relating to vessels to which this chapter applies which are under the jurisdiction of their respective agencies. The Secretary's designated representative shall act as executive secretary for the Committee and perform the duties set forth in section 10(c) of the Federal Advisory Committee Act (5 App. U.S.C.). (c)(1) The Secretary shall, whenever practicable, consult with the Committee before taking any significant action relating to the safe operation of vessels to which this chapter applies. (2) The Secretary shall consider the information, advice, and recommendations of the Committee in consulting with other agencies and the public or in formulating policy regarding the safe operation of vessels to which this chapter applies. (d)(1) A member of the Committee who is not an officer or employee of the United States or a member of the Armed Forces, when attending meetings of the Committee or when otherwise engaged in the business of the Committee, is entitled to receive - (A) compensation at a rate fixed by the Secretary, not exceeding the daily equivalent of the current rate of basic pay in effect for GS-18 of the General Schedule under section 5332 of title 5 including travel time; and (B) travel or transportation expenses under section 5703 of title 5. (2) Payments under this section do not render a member of the Committee an officer or employee of the United States or a member of the Armed Forces for any purpose. (3) A member of the Committee who is an officer or employee of the United States or a member of the Armed Forces may not receive additional pay based on the member's service to the Committee. (4) The provisions of this section relating to an officer or employee of the United States or a member of the Armed Forces do not apply to a member of a reserve component of the Armed Forces unless that member is in an active status. (e)(1) The Federal Advisory Committee Act (5 U.S.C. App. 1 et seq.) applies to the Committee, except that the Committee terminates on September 30, 1992. (2) Two years prior to the termination date referred to in paragraph (1) of this subsection, the Committee shall submit to Congress its recommendation regarding whether the Committee should be renewed and continued beyond the termination date. -SOURCE- (Added Pub. L. 100-424, Sec. 2(a), Sept. 9, 1988, 102 Stat. 1588, and amended Pub. L. 101-225, title I, Sec. 106, Dec. 12, 1989, 103 Stat. 1910.) -REFTEXT- REFERENCES IN TEXT The Federal Advisory Committee Act, referred to in subsecs. (b)(5) and (e)(1), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees. -MISC2- AMENDMENTS 1989 - Subsec. (b)(2). Pub. L. 101-225 inserted provision that Secretary not seek or use information concerning political affiliation in making appointments. REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 (title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5. INITIAL APPOINTMENTS TO COMMERCIAL FISHING INDUSTRY ADVISORY COMMITTEE Section 2(b) of Pub. L. 100-424 provided that: '(1) Terms of initial appointments. - Of the members first appointed to the Commercial Fishing Industry Advisory Committee under section 4508 of title 46, United States Code (as amended by this Act) - '(A) one-third of the members shall serve a term of one year and one-third of the members shall serve a term of two years, to be determined by lot at the first meeting of the Committee; and '(B) terms may be adjusted to coincide with the Government's fiscal year. '(2) Completion of initial appointments. - The Secretary shall complete appointment of members pursuant to this subsection not later than 90 days after the date of the enactment of this Act (Sept. 9, 1988).' ------DocID 53243 Document 144 of 963------ -CITE- 46 USC Part C -EXPCITE- TITLE 46 Part C -HEAD- Part C - Load Lines of Vessels -MISC1- HISTORICAL AND REVISION NOTES Part C contains provisions that apply to load lines. A load line is a mark drawn on a vessel that indicates whether a vessel is overloaded. Load line requirements for international voyages are based not only on domestic law but also the 1966 International Load Line Convention. -SECREF- PART REFERRED TO IN OTHER SECTIONS This part is referred to in section 14305 of this title. ------DocID 53244 Document 145 of 963------ -CITE- 46 USC CHAPTER 51 -EXPCITE- TITLE 46 Part C CHAPTER 51 -HEAD- CHAPTER 51 - LOAD LINES -MISC1- Sec. 5101. Definitions. 5102. Application. 5103. Load line requirements. 5104. Assignment of load lines. 5105. Load line surveys. 5106. Load line certificate. 5107. Delegation of authority. 5108. Special exemptions. 5109. Reciprocity for foreign vessels. 5110. Submersible vessels. 5111. Providing loading information. 5112. Loading restrictions. 5113. Detention of vessels. 5114. Use of Customs Service officers and employees for enforcement. (5115. Repealed.) 5116. Penalties. HISTORICAL AND REVISION NOTES Chapter 51 provides for the assignment of load lines and issuance of load line certificates to vessels, and requires that certain classes of vessels be marked with load lines. AMENDMENTS 1990 - Pub. L. 101-595, title VI, Sec. 603(5)(B), Nov. 16, 1990, 104 Stat. 2993, struck out item 5115 'Regulations'. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 2102 of this title; title 30 section 1422. ------DocID 53245 Document 146 of 963------ -CITE- 46 USC Sec. 5101 -EXPCITE- TITLE 46 Part C CHAPTER 51 -HEAD- Sec. 5101. Definitions -STATUTE- In this chapter - (1) 'domestic voyage' means movement of a vessel between places in, or subject to the jurisdiction of, the United States, except movement between - (A) a place in a territory or possession of the United States or the Trust Territory of the Pacific Islands; and (B) a place outside that territory, possession, or Trust Territory. (2) 'economic benefit of the overloading' means the amount obtained by multiplying the weight of the overload (in tons) by the lesser of - (A) the average freight rate value of a ton of the vessel's cargo for the voyage; or (B) $50. (3) 'existing vessel' means - (A) a vessel on a domestic voyage, the keel of which was laid, or that was at a similar stage of construction, before January 1, 1986; and (B) a vessel on a foreign voyage, the keel of which was laid, or that was at a similar stage of construction, before July 21, 1968. (4) 'freeboard' means the distance from the mark of the load line assigned under this chapter to the freeboard deck. (5) 'freeboard deck' means the deck or other structure the Secretary prescribes by regulation. (6) 'minimum safe freeboard' means the freeboard that the Secretary decides cannot be reduced safely without limiting the operation of the vessel. (7) 'weight of the overload' means the amount obtained by multiplying the number of inches that the vessel is submerged below the applicable assigned freeboard by the tons-an-inch immersion factor for the vessel at the assigned minimum safe freeboard. -SOURCE- (Added Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat. 1913.) -MISC1- HISTORICAL AND REVISION NOTES Revised section 5101 Source: Section (U.S. Code) 46 App. U.S.C. 86a. Section 5101 contains definitions that are limited to Chapter 51 - Load Lines. Existing Section 46 App. U.S.C. 86a (which defines only the terms 'new ship' and 'existing ship') will be replaced by section 5101. Definitions of technical terms ('freeboard', 'freeboard deck', and 'minimum safe freeboard') have been added for clarity. The definition of the term 'new ship' has been deleted because the term is not used in Chapter 51. The definition of 'domestic voyage' includes the phrase 'places in or subject to the jurisdiction of the United States.' 'Places subject to the jurisdiction of the United States' include deep water ports, production platforms, mining sites outside of territorial waters of the United States but within the United States' Exclusive Economic Zone (EEZ) that was established by Presidential Proclamation 5030, dated March 10, 1983, or on the outer continental shelf. The phrases 'economic benefit of overloading' and 'weight of the overload' have been defined for purposes of establishing a standard method of determining the value of the cargo with which a vessel is overloaded. The value of the cargo will in turn affect the maximum penalty assessed for overloading the vessel. The definition of 'freeboard deck' provides the Secretary with the authority to designate as the freeboard deck either the actual deck (on standard vessels) or another structure (on non-standard vessels). Non-standard vessels, for which this regulatory flexibility is necessary, include shelter deck vessels, semi-submersible multi-hull units, container ships, surface effect vessels, and commercial submarines. ------DocID 53246 Document 147 of 963------ -CITE- 46 USC Sec. 5102 -EXPCITE- TITLE 46 Part C CHAPTER 51 -HEAD- Sec. 5102. Application -STATUTE- (a) Except as provided in subsection (b) of this section, this chapter applies to the following: (1) a vessel of the United States. (2) a vessel on the navigable waters of the United States. (3) a vessel - (A) owned by a citizen of the United States or a corporation established by or under the laws of the United States or a State; and (B) not registered in a foreign country. (4) a public vessel of the United States. (5) a vessel otherwise subject to the jurisdiction of the United States. (b) This chapter does not apply to the following: (1) a vessel of war. (2) a recreational vessel when operated only for pleasure. (3) a fishing vessel. (4) a fish processing vessel of not more than 5,000 gross tons that - (A)(i) was constructed as a fish processing vessel before August 16, 1974; or (ii) was converted for use as a fish processing vessel before January 1, 1983; and (B) is not on a foreign voyage. (5) a fish tender vessel of not more than 500 gross tons that - (A)(i) was constructed, under construction, or under contract to be constructed as a fish tender vessel before January 1, 1980; or (ii) was converted for use as a fish tender vessel before January 1, 1983; and (B)(i) is not on a foreign voyage; or (ii) engaged in the Aleutian trade (except a vessel in that trade assigned a load line at any time before June 1, 1992). (6) a vessel of the United States on a domestic voyage that does not cross the Boundary Line, except a voyage on the Great Lakes. (7) a vessel of less than 24 meters (79 feet) overall in length. (8) a public vessel of the United States on a domestic voyage. (9) a vessel excluded from the application of this chapter by an international agreement to which the United States Government is a party. (10) an existing vessel of not more than 150 gross tons that is on a domestic voyage. (11) a small passenger vessel on a domestic voyage. (12) a vessel of the working fleet of the Panama Canal Commission not on a foreign voyage. (c) On application by the owner and after a survey under section 5105 of this title, the Secretary may assign load lines for a vessel excluded from the application of this chapter under subsection (b) of this section. A vessel assigned load lines under this subsection is subject to this chapter until the surrender of its load line certificate and the removal of its load line marks. (d) This chapter does not affect an international agreement to which the Government is a party that is not in conflict with the International Convention on Load Lines currently in force for the United States. -SOURCE- (Added Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat. 1914, and amended Pub. L. 101-595, title VI, Sec. 602(d), Nov. 16, 1990, 104 Stat. 2991.) -MISC1- HISTORICAL AND REVISION NOTES Revised section 5102 Source: Section (U.S. Code) 46 App. U.S.C. 86b, 86c, 88. The delineation of the vessels that will be subject to load line requirements is made in section 5102 as follows: subsection (a) is an all-inclusive list of vessels subject to load line requirements, followed by subsection (b) which specifically exempts those vessels to which the requirements do not apply. Section 5102(a) lists five categories of vessels which are subject to load line requirements. They are as follows: Clause (1) regarding 'a vessel of the United States' includes all vessels documented under Chapter 121 of title 46 or numbered under Chapter 123 of title 46. Clause (2) regarding 'a vessel on the navigable waters of the United States' includes all domestic or foreign vessels found in or on the navigable waters of the United States. Clause (3) regarding 'a vessel owned by a citizen of the United States or a corporation established by or under the laws of the United States or a State, and not registered in a foreign country' includes all vessels owned by citizens of the United States (as defined in 5107(7)) (sic) and not registered under the laws of a foreign country, wherever the vessels may be located. Clause (4) regarding 'a public vessel of the United States' includes all United States public vessels. Clause (5) regarding 'a vessel otherwise subject to the jurisdiction of the United States' includes foreign vessels that are subject to United States jurisdiction as a result of bilateral agreements, licenses, customary international law or other means, including those using deepwater port or outer continental shelf or EEZ facilities located in areas subject to the jurisdiction of the United States. Section 5102(b) lists the specific exemptions from load line requirements. The specific exemptions may be grouped as follows: (a) Vessel type (ships of war, pleasure vessels, fishing vessels, small passenger vessels on domestic voyages); (b) Area of operation (rivers, harbors, bays, sounds, etc.); (c) Minimum size (length); and (d) Treaty exclusions. Clause (1) exempts vessels of war from load line requirements. Clause (2) exempts recreational vessels operated only for pleasure from load line requirements. Clause (3) exempts fishing vessels from load line requirements. Clauses (4) and (5) exempt certain existing fish processing and fish tender vessels not on a foreign voyage from load line requirements. The exception is limited to those vessels not on international voyages to ensure compliance with United States obligations under the International Load Line Convention. Clause (6) exempts from load line requirements all U.S. vessels operating on domestic voyages within the Boundary Line, as defined in section 2101 of this title, except vessels operating on the Great Lakes. Clause (7) exempts all vessels that are less than 24 meters (79 feet) in length from load line requirements whether on international or domestic voyages. Clause (8) exempts from load line requirements those public vessels that are on domestic voyages. Clause (9) exempts from load line requirements those vessels which have been excluded from the requirements 'by specific action of a treaty of the United States.' The only current treaty which excludes vessels from load line requirements is the Convention Between the United States of America and the Dominion of Canada Concerning Load Lines (49 Stat. 2685), which entered into force on August 11, 1934. Clause (10) exempts from load line requirements existing U.S. vessels that are under 150 gross tons while engaged on a domestic voyage. This is a grandfather provision, continuing the existing exemption for these vessels. Vessels built after January 1, 1986 must be marked with a load line, however, if they are over 79 feet long and do not qualify for any other exemption. Clause (11) exempts small passenger vessels engaged on domestic voyages from load line requirements. Small passenger vessels are inspected under Subchapter T of Title 46 of the Code of Federal Regulations. Under Subchapter T, the Coast Guard regulates these vessels with regard to safety; the requirements are based on the number of passengers, length, and gross tonnage of the vessel. Safety-related requirements in Subchapter T regulations include hull structure and watertightness, stability, weathertight integrity, and safe movement of persons on deck, the principal safety features covered by load line regulations. This specific exemption from load line requirements for small passenger vessels is consistent with existing law and does not alter in any way the Coast Guard's authority to regulate small passenger vessels under Subchapter T. Clause (12) exempts vessels of the working voyages from the requirement to have load lines. Section 5102(c) authorizes the Secretary to assign load lines for any vessel exempted from load line requirements by subsection (b) upon the request of the owner. It also provides that any exempted vessel for which load lines are assigned will remain subject to the load line requirements until its load line certificate is surrendered and the load line marks are removed. Section 5102(d) provides that this chapter shall not be construed as abrogating the provisions of other treaties and conventions to which the United States is a party, which are not in conflict with the International Convention on Load Lines. AMENDMENTS 1990 - Subsec. (b)(5)(B). Pub. L. 101-595 amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: 'is not on a foreign voyage.' EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-595 effective Nov. 16, 1990, with provision that before Jan. 1, 2003, a fish tender vessel is exempt from this chapter when engaged in Aleutian trade if the vessel either operated in that trade before Sept. 8, 1990, or was purchased before that date to be used in such trade and entered into service in that trade before June 1, 1992, did not undergo a major conversion, and did not have a load line assigned at any time before Nov. 16, 1990, see section 602(f) of Pub. L. 101-595, set out as a note under section 4502 of this title. ------DocID 53247 Document 148 of 963------ -CITE- 46 USC Sec. 5103 -EXPCITE- TITLE 46 Part C CHAPTER 51 -HEAD- Sec. 5103. Load line requirements -STATUTE- (a) A vessel may be operated only if the vessel has been assigned load lines. (b) The owner, charterer, managing operator, agent, master, and individual in charge of a vessel shall mark and maintain the load lines permanently and conspicuously in the way prescribed by the Secretary. -SOURCE- (Added Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat. 1915.) -MISC1- HISTORICAL AND REVISION NOTES Revised section 5103 Source: Section (U.S. Code) 46 App. U.S.C. 86c, 88b. Section 5103(a) prohibits a vessel that is subject to load line requirements from operating, unless it has load lines assigned by the Secretary. Section 5103(b) requires that load lines be permanently and conspicuously maintained in the manner prescribed by the Secretary. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 5110, 5116 of this title. ------DocID 53248 Document 149 of 963------ -CITE- 46 USC Sec. 5104 -EXPCITE- TITLE 46 Part C CHAPTER 51 -HEAD- Sec. 5104. Assignment of load lines -STATUTE- (a) The Secretary shall assign load lines for a vessel so that they indicate the minimum safe freeboard to which the vessel may be loaded. However, if the owner requests, the Secretary may assign load lines that result in greater freeboard than the minimum safe freeboard. (b) In assigning load lines for a vessel, the Secretary shall consider - (1) the service, type, and character of the vessel; (2) the geographic area in which the vessel will operate; and (3) applicable international agreements to which the United States Government is a party. (c) An existing vessel may retain its load lines assigned before January 1, 1986, unless the Secretary decides that a substantial change in the vessel after those load lines were assigned requires that new load lines be assigned under this chapter. (d) The minimum freeboard of an existing vessel may be reduced only if the vessel complies with every applicable provision of this chapter. (e) The Secretary may designate by regulation specific geographic areas that have less severe weather or sea conditions and from which there is adequate time to return to available safe harbors. The Secretary may reduce the minimum freeboard of a vessel operating in these areas. -SOURCE- (Added Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat. 1915.) -MISC1- HISTORICAL AND REVISION NOTES Revised section 5104 Source: Section (U.S. Code) 46 App. U.S.C. 86c, 88a. Section 5104(a) requires the Secretary to assign load lines indicating the minimum safe freeboard to which a vessel may be loaded. It also authorizes the Secretary to assign a load line that results in a freeboard that is greater than the minimum freeboard, if the owner requests. Section 5104(b) sets forth guidelines that the Secretary must consider when assigning load lines on vessels. Section 5104(c) allows an existing vessel to retain its load line assigned before January 1, 1986, unless the Secretary decides that a change made in the vessel requires the assignment of a new load line. Section 5104(d) is a new provision that requires that a vessel comply with all the provisions of this chapter before the Secretary will consider a reduction in its minimum freeboard. This provision is similar to Article 4(4) of the International Convention on Load Lines. Section 5104(e) is a new provision that authorized the Secretary to designate specific geographic areas having relatively non-severe weather or sea conditions and from which there is adequate time to return to safe harbors. Section 5104(e) also authorizes the Secretary to reduce the minimum freeboard of vessels operating in these areas. Regulations that have been issued under this authority (46 C.F.R. 44) authorize special service load lines for vessels operating not more than 20 nautical miles offshore or between islands in a group. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 5110 of this title. ------DocID 53249 Document 150 of 963------ -CITE- 46 USC Sec. 5105 -EXPCITE- TITLE 46 Part C CHAPTER 51 -HEAD- Sec. 5105. Load line surveys -STATUTE- (a) The Secretary may provide for annual, renewal, and other load line surveys. (b) In conducting a load line survey, the Secretary shall consider whether - (1) the hull and fittings of the vessel - (A) are adequate to protect the vessel from the sea; and (B) meet other requirements the Secretary may prescribe by regulation; (2) the strength of the hull is adequate for all loading conditions; (3) the stability of the vessel is adequate for all loading conditions; (4) the topsides of the vessel are arranged and constructed to allow rapid overboard drainage of deck water in heavy weather; and (5) the topsides of the vessel are adequate in design, arrangement, and equipment to protect crewmembers performing outside tasks necessary for safe operation of the vessel. -SOURCE- (Added Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat. 1916.) -MISC1- HISTORICAL AND REVISION NOTES Revised section 5105 Section 5105 authorizes the Secretary of Transportation to provide for load line surveys and requires that while conducting a load line survey, the Secretary must consider various strength, stability, design, and construction features of the vessel. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 5102, 5110 of this title. ------DocID 53250 Document 151 of 963------ -CITE- 46 USC Sec. 5106 -EXPCITE- TITLE 46 Part C CHAPTER 51 -HEAD- Sec. 5106. Load line certificate -STATUTE- (a) On finding that a load line survey of a vessel under this chapter is satisfactory and that the vessel's load lines are marked correctly, the Secretary shall issue the vessel a load line certificate and deliver it to the owner, master, or individual in charge of the vessel. (b) The certificate shall be maintained as required by the Secretary. -SOURCE- (Added Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat. 1916.) -MISC1- HISTORICAL AND REVISION NOTES Revised section 5106 Source: Section (U.S. Code) 46 App. U.S.C. 86c. Section 5106(a) requires the Secretary to issue a load line certificate upon finding that a vessel has received a satisfactory load line survey and that the vessel's load line is marked correctly. Section 5106(b) requires that the load line certificate be maintained as required by the Secretary of Transportation. It is expected that the Secretary will require in most cases that the certificate be carried on board the vessel. However, certain types of vessels such as barges do not have facilities for the carriage of certificates. In this case, this provision would give the Secretary the discretion to require that the certificates for the barges be carried on the towing vessels. ------DocID 53251 Document 152 of 963------ -CITE- 46 USC Sec. 5107 -EXPCITE- TITLE 46 Part C CHAPTER 51 -HEAD- Sec. 5107. Delegation of authority -STATUTE- (a) The Secretary shall delegate to the American Bureau of Shipping or other similarly qualified organizations the authority to assign load lines, survey vessels, determine that load lines are marked correctly, and issue load line certificates under this chapter. (b) Under regulations prescribed by the Secretary, a decision of an organization delegated authority under subsection (a) of this section related to the assignment of a load line may be appealed to the Secretary. (c) For a vessel intended to be engaged on a foreign voyage, the Secretary may delegate to another country that is a party to the International Convention on Load Lines, 1966, the authority to assign load lines, survey vessels, determine that the load lines are marked correctly, and issue an International Load Line Certificate (1966). (d) The Secretary may terminate a delegation made under this section after giving written notice to the organization. -SOURCE- (Added Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat. 1916.) -MISC1- HISTORICAL AND REVISION NOTES Revised section 5107 Source: Section (U.S. Code) 46 App. U.S.C. 86d, 88b. Section 5107(a) requires the Secretary to delegate the performance of various load line functions to the American Bureau of Shipping or other similarly qualified organizations. In providing for the delegation to a 'similarly qualified organization,' the Committee expects that the Secretary will ensure that that organization complies with the same stringent standards and requirements for conducting business that apply to the American Bureau of Shipping. Section 5107(b) permits an appeal to the Secretary of a decision by an organization that has received delegated authority. This ensures that the Secretary has full oversight of the delegated load line functions. Section 5107(c) permits the Secretary to delegate various load line functions to another country for vessels that are engaged on a foreign voyage, provided that the country is a party to the International Convention on Load Lines, 1966. Section 5107(d) clarifies the Secretary's authority to revoke a delegation at any time without cause. This authority is given so that no delay occurs administratively in revoking a delegation whenever the Secretary decides a revocation is warranted. ------DocID 53252 Document 153 of 963------ -CITE- 46 USC Sec. 5108 -EXPCITE- TITLE 46 Part C CHAPTER 51 -HEAD- Sec. 5108. Special exemptions -STATUTE- (a) The Secretary may exempt a vessel from any part of this chapter when - (1) the vessel is entitled to an exemption under an international agreement to which the United States Government is a party; or (2) under regulations (including regulations on special operations conditions) prescribed by the Secretary, the Secretary finds that good cause exists for granting an exemption. (b) When the Secretary grants an exemption under this section, the Secretary may issue a certificate of exemption stating the extent of the exemption. (c) A certificate of exemption issued under subsection (b) of this section shall be maintained as required by the Secretary. -SOURCE- (Added Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat. 1916.) -MISC1- HISTORICAL AND REVISION NOTES Revised section 5108 Source: Section (U.S. Code) 46 App. U.S.C. 86e, 88a. Section 5108(a) authorizes the Secretary to exempt a vessel from load line requirements if the vessel is entitled to an exemption under an international agreement to which the United States is a party. It also provides the Secretary with the new authority to exempt a vessel from load line requirements if the Secretary finds that there is good reason for granting the exemption. A specific exemption from load line requirements was authorized in Public Law 98-557 for barges operating close to shore between Calumet Harbor, Illinois and Burns Harbor, Indiana, because the geographic area and type of operation in this case did not warrant a requirement for load lines. Additional exemptions currently must be made by an Act of Congress. Section 5108(a) authorizes the Secretary to make such exemptions through regulation, and the Committee expects the Secretary to continue the exemption under this provision for vessels operating close to shore between Calumet Harbor, Illinois and Burns Harbor, Indiana. Section 5108(b) authorizes the Secretary to issue a certificate of exemption when an exemption is granted. Section 5108(c) requires that the certificate of exemption be maintained as required by the Secretary in a similar manner as under section 5106(b). ------DocID 53253 Document 154 of 963------ -CITE- 46 USC Sec. 5109 -EXPCITE- TITLE 46 Part C CHAPTER 51 -HEAD- Sec. 5109. Reciprocity for foreign vessels -STATUTE- (a) When the Secretary finds that the laws and regulations of a foreign country related to load lines are similar to those of this chapter and the regulations prescribed under this chapter, or when a foreign country is a party to an international load line agreement to which the United States Government is a party, the Secretary shall accept the load line marks and certificate of a vessel of that foreign country as complying with this chapter and the regulations prescribed under this chapter. The Secretary may control the vessel as provided for in the applicable international agreement. (b) Subsection (a) of this section does not apply to a vessel of a foreign country that does not recognize load lines assigned under this chapter. -SOURCE- (Added Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat. 1917.) -MISC1- HISTORICAL AND REVISION NOTES Revised section 5109 Source: Section (U.S. Code) 46 App. U.S.C. 86f, 88d. Section 5109(a) requires the Secretary to accept the load line mark and load line certificate of a vessel of a foreign country if the Secretary finds that the load line laws and regulations of that country are similar to those of this chapter, or if that country is a party to an international load line agreement to which the United States is a party. ------DocID 53254 Document 155 of 963------ -CITE- 46 USC Sec. 5110 -EXPCITE- TITLE 46 Part C CHAPTER 51 -HEAD- Sec. 5110. Submersible vessels -STATUTE- Notwithstanding sections 5103-5105 of this title, the Secretary may prescribe regulations for submersible vessels to provide a minimum level of safety. In developing the regulations, the Secretary shall consider factors relevant to submersible vessels, including the structure, stability, and watertight integrity of those vessels. -SOURCE- (Added Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat. 1917.) -MISC1- HISTORICAL AND REVISION NOTES Revised section 5110 Section 5110 authorizes the Secretary to prescribe regulations for the marking of load lines of submersible vessels. This general authority has been included in anticipation of the commercial development of submersibles. ------DocID 53255 Document 156 of 963------ -CITE- 46 USC Sec. 5111 -EXPCITE- TITLE 46 Part C CHAPTER 51 -HEAD- Sec. 5111. Providing loading information -STATUTE- The Secretary may prescribe regulations requiring the owner, charterer, managing operator, and agent of a vessel to provide loading information (including information on loading distribution, stability, and margin of strength) to the master or individual in charge of the vessel in a language the master or individual understands. -SOURCE- (Added Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat. 1917.) -MISC1- HISTORICAL AND REVISION NOTES Section 5111 authorizes the Secretary to prescribe regulations requiring that the master of a vessel be provided with loading and stability information for the vessel that the master understands. ------DocID 53256 Document 157 of 963------ -CITE- 46 USC Sec. 5112 -EXPCITE- TITLE 46 Part C CHAPTER 51 -HEAD- Sec. 5112. Loading restrictions -STATUTE- (a) A vessel may not be loaded in a way that submerges the assigned load line or the place at which the load line is required to be marked on the vessel. (b) If the loading or stability conditions of a vessel change, the master or individual in charge of the vessel, before moving the vessel, shall record in the official logbook or other permanent record of the vessel - (1) the position of the assigned load line relative to the water surface; and (2) the draft of the vessel fore and aft. (c) A vessel may be operated only if the loading distribution, stability, and margin of strength are adequate for the voyage or movement intended. (d) Subsections (a) and (b) of this section do not apply to a submersible vessel. -SOURCE- (Added Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat. 1917.) -MISC1- HISTORICAL AND REVISION NOTES Revised section 5112 Source: Section (U.S. Code) 46 App. U.S.C. 86g, 88c, 88e. Section 5112(a) prohibits a vessel from being loaded in a manner that submerges its load line. Section 5112(b) requires that whenever the loading or stability conditions of a vessel change, the master or individual in charge of the vessel must record in the official logbook the position of the load line and the draft of the vessel. Section 5112(c) is a new provision that provides that a vessel may be operated only if the loading distribution, stability, and margin of strength are adequate for the intended voyage or movement. Section 5112(d) provides that subsections (a) and (b) do not apply to a submersible vessel. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 5116 of this title. ------DocID 53257 Document 158 of 963------ -CITE- 46 USC Sec. 5113 -EXPCITE- TITLE 46 Part C CHAPTER 51 -HEAD- Sec. 5113. Detention of vessels -STATUTE- (a) When the Secretary believes that a vessel is about to leave a place in the United States in violation of this chapter or a regulation prescribed under this chapter, the Secretary may detain the vessel by giving notice to the owner, charterer, managing operator, agent, master, or individual in charge of the vessel. (b) A detained vessel may be cleared under section 4197 of the Revised Statutes (46 App. U.S.C. 91) only after the violation has been corrected. If the vessel was cleared before being detained, the clearance shall be withdrawn. (c) Under regulations prescribed by the Secretary, the owner, charterer, managing operator, agent, master, or individual in charge of a detained vessel may petition the Secretary to review the detention order. (d) After reviewing a petition, the Secretary may affirm, withdraw, or change the detention order. Before acting on the petition, the Secretary may require any independent survey that may be necessary to determine the condition of the vessel. (e) The owner of a vessel is liable for the cost incident to a petition for review and any required survey if the vessel is found to be in violation of this chapter or a regulation prescribed under this chapter. -SOURCE- (Added Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat. 1918.) -MISC1- HISTORICAL AND REVISION NOTES Revised section 5113 Source: Section (U.S. Code) 46 App. U.S.C. 86h, 88f. Section 5113 authorizes the Secretary to detain a vessel if the Secretary believes that the vessel is in violation of the load line requirements, and describes the process through which a vessel may be cleared. It also states that a vessel owner is liable for certain costs resulting from a petition for review and load line survey that is made pursuant to a violation of load line requirements. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 5116 of this title. ------DocID 53258 Document 159 of 963------ -CITE- 46 USC Sec. 5114 -EXPCITE- TITLE 46 Part C CHAPTER 51 -HEAD- Sec. 5114. Use of Customs Service officers and employees for enforcement -STATUTE- (a) With the approval of the Secretary of the Treasury, the Secretary may use an officer or employee of the United States Customs Service to enforce this chapter and the regulations prescribed under this chapter. (b) The Secretary shall consult with the Secretary of the Treasury before prescribing a regulation that affects the enforcement responsibilities of an officer or employee of the Customs Service. -SOURCE- (Added Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat. 1918, and amended Pub. L. 101-595, title VI, Sec. 603(4), Nov. 16, 1990, 104 Stat. 2993.) -MISC1- HISTORICAL AND REVISION NOTES Revised section 5114 Source: Section (U.S. Code) 46 App. U.S.C. 86 Section 5114(a) authorizes the Secretary to use a Customs Service officer or employee to enforce load line requirements. The expected role of a Customs Service officer or employee in this regard is to ensure that a vessel is carrying a load line certificate and that the load line is not submerged. Section 5114(b) requires the Secretary to consult with the Secretary of the Treasury before prescribing a regulation that affects the enforcement responsibilties of a Customs Service officer or employee. AMENDMENTS 1990 - Pub. L. 101-595 substituted 'officers and employees' for 'officers employees' in section catchline. ------DocID 53259 Document 160 of 963------ -CITE- 46 USC Sec. 5115 -EXPCITE- TITLE 46 Part C CHAPTER 51 -HEAD- (Sec. 5115. Repealed. Pub. L. 101-595, title VI, Sec. 603(5)(A), Nov. 16, 1990, 104 Stat. 2993) -MISC1- Section, added Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat. 1918, authorized Secretary to prescribe regulations to carry out this chapter. ------DocID 53260 Document 161 of 963------ -CITE- 46 USC Sec. 5116 -EXPCITE- TITLE 46 Part C CHAPTER 51 -HEAD- Sec. 5116. Penalties -STATUTE- (a) Except as otherwise provided in this section, the owner, charterer, managing operator, agent, master, and individual in charge of a vessel violating this chapter or a regulation prescribed under this chapter are each liable to the United States Government for a civil penalty of not more than $5,000. Each day of a continuing violation is a separate violation. The vessel also is liable in rem for the penalty. (b) The owner, charterer, managing operator, agent, master, and individual in charge of a vessel allowing, causing, attempting to cause, or failing to take reasonable care to prevent a violation of section 5112(a) of this title are each liable to the Government for a civil penalty of not more than $10,000 plus an additional amount equal to twice the economic benefit of the overloading. The vessel also is liable in rem for the penalty. (c) The master or individual in charge of a vessel violating section 5112(b) of this title is liable to the Government for a civil penalty of not more than $5,000. The vessel also is liable in rem for the penalty. (d) A person causing or allowing the departure of a vessel from a place within the jurisdiction of the United States in violation of a detention order issued under section 5113 of this title commits a class A misdemeanor. (e) A person causing or allowing the alteration, concealment, or removal of a mark placed on a vessel under section 5103(b) of this title and the regulations prescribed under this chapter, except to make a lawful change or to escape enemy capture in time of war, commits a class A misdemeanor. -SOURCE- (Added Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat. 1918, and amended Pub. L. 101-380, title IV, Sec. 4302(d), Aug. 18, 1990, 104 Stat. 538.) -MISC1- HISTORICAL AND REVISION NOTES Revised section 5116 Source: Section (U.S. Code) 46 App. U.S.C. 86i, 88g. Section 5116 provides penalties for violations of load line requirements. The penalties are raised substantially from existing law to provide a sufficient deterrence against violations of the load line requirements and to conform with the level of penalties throughout the subtitle. The monetary penalties have not been changed since the 1930's. Section 5116(a) raises from $1,000 to $5,000 the maximum penalty for violation of a load line provision under this chapter or a regulation promulgated under this chapter. Section 5116(b) raises from $1,000 to $10,000 the maximum penalty for loading a vessel in such a way as to submerge the load line. In addition, a violator must pay up to two times the amount of the economic benefit of the overloading. Section 5116(c) raises from $500 to $5,000 the maximum penalty for a violation of the requirement in section 5112(b) that the load line position and draft of a vessel be noted in the logbook. Section 5116(a)-(c) also states that the vessel is liable in rem for the penalty. Section 5116(d) raises from $1,000 to $10,000 the maximum penalty for a violation of a detention order and may also include imprisonment for up to one year. Section 5116(e) raises from $2,000 to $10,000 the maximum penalty for the alteration, removal, or concealment of a load line mark and may also include imprisonment for two years. AMENDMENTS 1990 - Subsec. (d). Pub. L. 101-380, Sec. 4302(d)(1), substituted 'commits a class A misdemeanor' for 'shall be fined not more than $10,000, imprisoned for not more than one year, or both'. Subsec. (e). Pub. L. 101-380, Sec. 4302(d)(2), substituted 'commits a class A misdemeanor' for 'shall be fined not more than $10,000, imprisoned for not more than 2 years, or both'. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters. ------DocID 53261 Document 162 of 963------ -CITE- 46 USC Part D -EXPCITE- TITLE 46 Part D -HEAD- Part D - Marine Casualties ------DocID 53262 Document 163 of 963------ -CITE- 46 USC CHAPTER 61 -EXPCITE- TITLE 46 Part D CHAPTER 61 -HEAD- CHAPTER 61 - REPORTING MARINE CASUALTIES -MISC1- Sec. 6101. Marine casualties and reporting. 6102. State marine casualty reporting system. 6103. Penalty. 6104. Commercial fishing industry vessel casualty statistics. HISTORICAL AND REVISION NOTES Chapter 61 provides for the reporting of marine casualties and incidents involving all United States flag vessels occurring anywhere in the world and any foreign flag vessel operating on waters subject to the jurisdiction of the United States. AMENDMENTS 1988 - Pub. L. 100-424, Sec. 4(c), Sept. 9, 1988, 102 Stat. 1591, added item 6104. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 13102 of this title. ------DocID 53263 Document 164 of 963------ -CITE- 46 USC Sec. 6101 -EXPCITE- TITLE 46 Part D CHAPTER 61 -HEAD- Sec. 6101. Marine casualties and reporting -STATUTE- (a) The Secretary shall prescribe regulations on the marine casualties to be reported and the manner of reporting. The regulations shall require reporting the following marine casualties: (1) death of an individual. (2) serious injury to an individual. (3) material loss of property. (4) material damage affecting the seaworthiness or efficiency of the vessel. (5) significant harm to the environment. (b) A marine casualty shall be reported within 5 days as provided in this part and regulations prescribed under this part. Each report filed under this section shall include information as to whether the use of alcohol contributed to the casualty. ((c) Repealed. Pub. L. 98-498, title II, Sec. 212(b)(1)(B), Oct. 19, 1984, 98 Stat. 2306.) (d)(1) This part applies to a foreign vessel when involved in a marine casualty on the navigable waters of the United States. (2) This part applies, to the extent consistent with generally recognized principles of international law, to a foreign vessel constructed or adapted to carry, or that carries, oil in bulk as cargo or cargo residue involved in a marine casualty described under subsection (a)(4) or (5) in waters subject to the jurisdiction of the United States, including the Exclusive Economic Zone. (e) A marine casualty not resulting in the death of an individual shall be classified according to the gravity of the casualty, as prescribed by regulation, giving consideration to the extent of injuries to individuals, the extent of property damage, the dangers that the casualty creates, and the size, occupation, and means of propulsion of each vessel involved. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 536; Pub. L. 98-498, title II, Sec. 212(b)(1), Oct. 19, 1984, 98 Stat. 2306; Pub. L. 98-557, Sec. 7(b)(1), Oct. 30, 1984, 98 Stat. 2862; Pub. L. 101-380, title IV, Sec. 4106(b), Aug. 18, 1990, 104 Stat. 513.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 6101 46:239 46:1486 33:361 33:365 6101(b) 33:362 ------------------------------- Section 6101(a) requires the Secretary to prescribe regulations on the types and manner of reporting of marine casualties to be reported under subsection (b) and incidents to be reported under subsection (c). The casualties to be reported must include casualties involving death to an individual, serious injury to an individual, material loss of property, and any damage affecting the seaworthiness or efficiency of the vessel, in addition to the other casualties (if any) the Secretary feels should be reported. Subsection (b) requires the owner, charterer, agent, master, operator, or individual in charge of a vessel to report within 5 days, any casualty required in subsection (a) or by regulation. Subsection (c) requires the owner, charterer, managing operator, or agent of a U.S. vessel to immediately determine the status of their vessel if they have not heard from the vessel, if it has not passed a scheduled point, or for any other reason which may indicate the vessel may have been lost or imperiled. If the owner, charterer, managing operator, or agent cannot reach the vessel and determine that it is operating safely, then they shall immediately notify the Coast Guard and provide the Coast Guard with the name and number of the vessel, the names of individuals on board, and any other information that the Coast Guard may request. If communication with the vessel indicates the vessel was involved in a casualty, then the owner, charterer, or agent of the vessel must immediately notify the Coast Guard under subsection (b). Notification to the Coast Guard does not impose or create any additional responsibility for the Coast Guard to take search and rescue action beyond those already existing under title 14, United States Code. Subsection (d) makes it clear that the reporting requirements under subsection (b) are applicable to foreign vessels involved in a marine casualty when operating on thd navigable waters of the United States, whether in innocent passage or not. Subsection (e) provides for the classification of marine casualties by regulation according to the gravity of the casualty, injuries to individuals, property damage, dangers created, and size, occupation, and means of propulsion of each vessel. AMENDMENTS 1990 - Subsec. (a)(5). Pub. L. 101-380, Sec. 4106(b)(1), added par. (5). Subsec. (d). Pub. L. 101-380, Sec. 4106(b)(2), designated existing provisions as par. (1) and added par. (2). 1984 - Subsec. (a). Pub. L. 98-498, Sec. 212(b)(1)(A), struck out 'and incidents' after 'marine casualties' in provisions preceding par. (1). Subsec. (b). Pub. L. 98-557 inserted provisions relating to alcohol as a contributing factor to the casualty. Subsec. (c). Pub. L. 98-498, Sec. 212(b)(1)(B), struck out subsec. (c) which related to determination of status of a vessel that may be lost or imperiled and notification of the Coast Guard. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-498 effective 180 days after Oct. 1, 1984, see section 214 of Pub. L. 98-498, set out as an Effective Date note under section 2306 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 6103, 9101 of this title; title 49 App. section 1903. ------DocID 53264 Document 165 of 963------ -CITE- 46 USC Sec. 6102 -EXPCITE- TITLE 46 Part D CHAPTER 61 -HEAD- Sec. 6102. State marine casualty reporting system -STATUTE- (a) The Secretary shall prescribe regulations for a uniform State marine casualty reporting system for vessels. Regulations shall prescribe the casualties to be reported and the manner of reporting. A State shall compile and submit to the Secretary reports, information, and statistics on casualties reported to the State, including information and statistics concerning the number of casualties in which the use of alcohol contributed to the casualty. (b) The Secretary shall collect, analyze, and publish reports, information, and statistics on marine casualties together with findings and recommendations the Secretary considers appropriate. If a State marine casualty reporting system provides that information derived from casualty reports (except statistical information) may not be publicly disclosed, or otherwise prohibits use by the State or any person in any action or proceeding against a person, the Secretary may use the information provided by the State only in the same way that the State may use the information. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 536; Pub. L. 98-557, Sec. 7(b)(2), Oct. 30, 1984, 98 Stat. 2862.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 6102 46:1486 ------------------------------- Section 6102(a) requires the Secretary to prescribe regulations for a uniform State marine casualty reporting system for vessels. The Secretary may limit the scope and types of casualties to be investigated and reported by the State. It also requires the State to submit to the Secretary reports, information, and statistics on casualties reported to the State. Subsection (b) requires the Secretary to analyze the information that is received from the State. It also prohibits the Secretary from disclosing the information, proceeding against any person based on this information, or otherwise using the information, if the State cannot use the information in the same way. AMENDMENTS 1984 - Subsec. (a). Pub. L. 98-557 inserted provisions relating to alcohol as a contributing factor to the casualty. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 13102 of this title. ------DocID 53265 Document 166 of 963------ -CITE- 46 USC Sec. 6103 -EXPCITE- TITLE 46 Part D CHAPTER 61 -HEAD- Sec. 6103. Penalty -STATUTE- (a) An owner, charterer, managing operator, agent, master, or individual in charge of a vessel failing to report a casualty as required under section 6101 of this title or a regulation prescribed under section 6101 is liable to the United States Government for a civil penalty of $1,000. (b) A person failing to comply with section 6104 of this title or a regulation prescribed under that section is liable to the Government for a civil penalty of not more than $5,000. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 536; Pub. L. 98-498, title II, Sec. 212(b)(2), Oct. 19, 1984, 98 Stat. 2306; Pub. L. 100-424, Sec. 4(b), Sept. 9, 1988, 102 Stat. 1590.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 6103 33:361 33:362 ------------------------------- Section 6103 provides for a civil penalty of $1,000 for any owner, charterer, managing operator, agent, master, or individual in charge of a vessel that fails to report a casualty required to be reported under subsection (b) of section 6101 or an incident required to be reported under subsection (c) of section 6101. AMENDMENTS 1988 - Pub. L. 100-424 designated existing provisions as subsec. (a) and added subsec. (b). 1984 - Pub. L. 98-498 struck out 'or incident' after 'a casualty'. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-498 effective 180 days after Oct. 19, 1984, see section 214 of Pub. L. 98-498, set out as an Effective Date note under section 2306 of this title. ------DocID 53266 Document 167 of 963------ -CITE- 46 USC Sec. 6104 -EXPCITE- TITLE 46 Part D CHAPTER 61 -HEAD- Sec. 6104. Commercial fishing industry vessel casualty statistics -STATUTE- (a) The Secretary shall compile statistics concerning marine casualties from data compiled from insurers of fishing vessels, fish processing vessels, and fish tender vessels. (b) A person underwriting primary insurance for a fishing vessel, fish processing vessel, or fish tender vessel shall submit periodically to the Secretary data concerning marine casualties that is required by regulations prescribed by the Secretary. (c) After consulting with the insurance industry, the Secretary shall prescribe regulations under this section to gather a statistical base for analyzing vessel risks. (d) The Secretary may delegate to a qualified person that has knowledge and experience in the collection of statistical insurance data the authority of the Secretary under this section to compile statistics from insurers. -SOURCE- (Added Pub. L. 100-424, Sec. 4(a), Sept. 9, 1988, 102 Stat. 1590.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 6103 of this title. ------DocID 53267 Document 168 of 963------ -CITE- 46 USC CHAPTER 63 -EXPCITE- TITLE 46 Part D CHAPTER 63 -HEAD- CHAPTER 63 - INVESTIGATING MARINE CASUALTIES -MISC1- Sec. 6301. Investigation of marine casualties. 6302. Public investigations. 6303. Rights of parties in interest. 6304. Subpena authority. 6305. Reports of investigations. 6306. Penalty. 6307. Notifications to Congress. HISTORICAL AND REVISION NOTES Chapter 63 sets forth the scope and procedures for the investigation of marine casualties and incidents that are required to be reported by Chapter 61, as well as the rights of parties involved in a casualty. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 7705 of this title. ------DocID 53268 Document 169 of 963------ -CITE- 46 USC Sec. 6301 -EXPCITE- TITLE 46 Part D CHAPTER 63 -HEAD- Sec. 6301. Investigation of marine casualties -STATUTE- The Secretary shall prescribe regulations for the immediate investigation of marine casualties under this part to decide, as closely as possible - (1) the cause of the casualty, including the cause of any death; (2) whether an act of misconduct, incompetence, negligence, unskillfulness, or willful violation of law committed by any individual licensed, certificated, or documented under part E of this subtitle has contributed to the cause of the casualty, or to a death involved in the casualty, so that appropriate remedial action under chapter 77 of this title may be taken; (3) whether an act of misconduct, incompetence, negligence, unskillfulness, or willful violation of law committed by any person, including an officer, employee, or member of the Coast Guard, contributed to the cause of the casualty, or to a death involved in the casualty; (4) whether there is evidence that an act subjecting the offender to a civil penalty under the laws of the United States has been committed, so that appropriate action may be undertaken to collect the penalty; (5) whether there is evidence that a criminal act under the laws of the United States has been committed, so that the matter may be referred to appropriate authorities for prosecution; and (6) whether there is need for new laws or regulations, or amendment or repeal of existing laws or regulations, to prevent the recurrence of the casualty. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 537.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 6301 46:239 ------------------------------- Section 6301 requires the Secretary to prescribe regulations for the immediate investigation of marine casualties in order to determine, as closely as possible, the cause of the casualty; whether the actions of individuals licensed, certificated, or documented have contributed to the cause of the casualty, whether the action of an individual in the Coast Guard contributed to the cause of the casualty, whether there is evidence that an act subjecting the offender to civil or criminal penalty has been committed, and whether there is a need for new laws or to amend or repeal existing laws or regulations in order to prevent a recurrence of the casualty. CONSTRUCTION Section 2(h) of Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 599, provided that: 'Chapter 63 of title 46 (as enacted by section 1 of this Act) does not supersede section 304(a)(1)(E) of the Independent Safety Board Act of 1974 (49 App. U.S.C. 1903(a)(1)(E)).' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 6307 of this title; title 49 App. section 1903. ------DocID 53269 Document 170 of 963------ -CITE- 46 USC Sec. 6302 -EXPCITE- TITLE 46 Part D CHAPTER 63 -HEAD- Sec. 6302. Public investigations -STATUTE- Each investigation conducted under this chapter and regulations prescribed under this chapter shall be open to the public, except when evidence affecting the national security is to be received. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 537.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- ------------------------------- Section 6302 provides that each investigation conducted under this chapter shall be open to the public, except when evidence affecting the national security of the United States is to be received. ------DocID 53270 Document 171 of 963------ -CITE- 46 USC Sec. 6303 -EXPCITE- TITLE 46 Part D CHAPTER 63 -HEAD- Sec. 6303. Rights of parties in interest -STATUTE- In an investigation conducted under this chapter, the following shall be allowed to be represented by counsel, to cross-examine witnesses, and to call witnesses: (1) an owner, (2) any holder of a license or certificate of registry, (3) any holder of a merchant mariner's document, (4) any other person whose conduct is under investigation, and (5) any other party in interest. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 537.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 6304 46:239(e) 46:239(f) ------------------------------- Section 6304 provides an officer investigating a marine casualty with the necessary subpena authority to require the attendance and testimony of witnesses and the production of evidence. It also authorizes a district court of the United States to direct compliance with a subpena. ------DocID 53271 Document 172 of 963------ -CITE- 46 USC Sec. 6305 -EXPCITE- TITLE 46 Part D CHAPTER 63 -HEAD- Sec. 6305. Reports of investigations -STATUTE- (a) The Secretary shall prescribe regulations about the form and manner of reports of investigations conducted under this part. (b) Reports of investigations conducted under this part shall be made available to the public, except to the extent that they contain information related to the national security. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 538.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 6305 46:239(g) 46:239(k) ------------------------------- Section 6305 requires the Secretary to prescribe regulations about the form and manner of reports of investigations of marine casualties. It also provides that the reports shall be available to the public, except for any information they contain related to national security. ------DocID 53272 Document 173 of 963------ -CITE- 46 USC Sec. 6306 -EXPCITE- TITLE 46 Part D CHAPTER 63 -HEAD- Sec. 6306. Penalty -STATUTE- A person attempting to coerce a witness, or to induce a witness, to testify falsely in connection with a marine casualty, or to induce a witness to leave the jurisdiction of the United States, shall be fined $5,000, imprisoned for one year, or both. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 538.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 6306 46:239(i) ------------------------------- Section 6306 provides for a $5,000 criminal penalty for anyone attempting to coerce or to induce a witness to a marine casualty investigation to testify falsely or to leave the jurisdiction of the United States. ------DocID 53273 Document 174 of 963------ -CITE- 46 USC Sec. 6307 -EXPCITE- TITLE 46 Part D CHAPTER 63 -HEAD- Sec. 6307. Notifications to Congress -STATUTE- (a) The Secretary shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Merchant Marine and Fisheries of the House of Representatives of any hearing, before the hearing occurs, investigating a major marine casualty involving a death under section 6301 of this title. (b) The Secretary shall submit to a committee referred to in subsection (a) of this section information on a major marine casualty that is requested by that committee or the chairman of the committee if the submission of that information is not prohibited by a law of the United States. (c) The Secretary shall submit annually to Congress a summary of the marine casualties reported during the prior fiscal year, together with a brief statement of action taken concerning those casualties. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 538.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 6307 46:239(j) 33:366 ------------------------------- Subsection (a) requires the Secretary to notify the Merchant Marine and Fisheries Committee and the Senate Commerce Committee in advance of any hearing concerning a major marine accident (as defined by regulation) where there has been a loss of life. Subsection (b) requires the Coast Guard to supply the Merchant Marine and Fisheries Committee and the Senate Commerce Committee with any requested marine casualty information, if its release is not specifically prohibited by law. Subsection (c) requires the Secretary to submit an annual report to Congress summarizing the marine casualties reported during the prior fiscal year, with a brief statement of action taken concerning those casualties. ------DocID 53274 Document 175 of 963------ -CITE- 46 USC Part E -EXPCITE- TITLE 46 Part E -HEAD- Part E - Merchant Seamen Licenses, Certificates, and Documents -MISC1- HISTORICAL AND REVISION NOTES Part E establishes the authority for the Coast Guard to issue, suspend, and revoke licenses, certificates of registry, and merchant mariner's documents for individuals who are to be engaged on vessels of the United States. AMENDMENTS 1985 - Pub. L. 99-36, Sec. 1(a)(9)(B), May 15, 1985, 99 Stat. 67, substituted 'Merchant Seamen Licenses, Certificates, and' for 'Licenses, Certificates, and Merchant Mariners' ' in part E heading. -SECREF- PART REFERRED TO IN OTHER SECTIONS This part is referred to in sections 3315, 6301, 14305 of this title. ------DocID 53275 Document 176 of 963------ -CITE- 46 USC CHAPTER 71 -EXPCITE- TITLE 46 Part E CHAPTER 71 -HEAD- CHAPTER 71 - LICENSES AND CERTIFICATES OF REGISTRY -MISC1- Sec. 7101. Issuing and classifying licenses and certificates of registry. 7102. Citizenship. 7103. Licenses for radio officers. 7104. Certificates for medical doctors and nurses. 7105. Oaths. 7106. Duration of licenses. 7107. Duration of certificates of registry. 7108. Termination of licenses and certificates of registry. 7109. Review of criminal records. 7110. Exhibiting licenses. 7111. Oral examinations for licenses. 7112. Licenses of masters or mates as pilots. 7113. Exemption from draft. 7114. Fees. AMENDMENTS 1990 - Pub. L. 101-380, title IV, Sec. 4102(e)(2), Aug. 18, 1990, 104 Stat. 510, substituted 'Review of criminal records' for 'Renewal of licenses' in item 7109. 1984 - Pub. L. 98-364, title IV, Sec. 402(8)(A), July 17, 1984, 98 Stat. 447, substituted 'Oral examinations for licenses' for 'Licenses for fishing vessels not subject to inspection' in item 7111. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 47 section 155. ------DocID 53276 Document 177 of 963------ -CITE- 46 USC Sec. 7101 -EXPCITE- TITLE 46 Part E CHAPTER 71 -HEAD- Sec. 7101. Issuing and classifying licenses and certificates of registry -STATUTE- (a) Licenses and certificates of registry are established for individuals who are required to hold licenses or certificates under this subtitle. (b) Under regulations prescribed by the Secretary, the Secretary - (1) issues the licenses and certificates of registry; and (2) may classify the licenses and certificates of registry as provided in subsections (c) and (f) of this section, based on - (A) the tonnage, means of propulsion, and horsepower of machine-propelled vessels; (B) the waters on which vessels are to be operated; or (C) other reasonable standards. (c) The Secretary may issue licenses in the following classes to applicants found qualified as to age, character, habits of life, experience, professional qualifications, and physical fitness: (1) masters, mates, and engineers. (2) pilots. (3) operators. (4) radio officers. (d) In classifying individuals under subsection (c)(1) of this section, the Secretary shall establish, when possible, suitable career patterns and service and other qualifying requirements appropriate to the particular service or industry in which the individuals are engaged. (e) An individual may be issued a license under subsection (c)(2) of this section only if the applicant - (1) is at least 21 years of age; (2) is of sound health and has no physical limitations that would hinder or prevent the performance of a pilot's duties; (3) has a thorough physical examination each year while holding the license, except that this requirement does not apply to an individual who will serve as a pilot only on a vessel of less than 1,600 gross tons; (4) demonstrates, to the satisfaction of the Secretary, that the applicant has the requisite general knowledge and skill to hold the license; (5) demonstrates proficiency in the use of electronic aids to navigation; (6) maintains adequate knowledge of the waters to be navigated and knowledge of regulations for the prevention of collisions in those waters; (7) has sufficient experience, as decided by the Secretary, to evidence ability to handle any vessel of the type and size which the applicant may be authorized to pilot; and (8) meets any other requirement the Secretary considers reasonable and necessary. (f) The Secretary may issue certificates of registry in the following classes to applicants found qualified as to character, knowledge, skill, and experience: (1) pursers. (2) medical doctors. (3) professional nurses. (g) The Secretary may not issue a license or certificate of registry under this section unless an individual applying for the license or certificate makes available to the Secretary, under section 206(b)(7) of the National Driver Register Act of 1982 (23 U.S.C. 401 note), any information contained in the National Driver Register related to an offense described in section 205(a)(3)(A) or (B) of that Act committed by the individual. (h) The Secretary may review the criminal record of an individual who applies for a license or certificate of registry under this section. (i) The Secretary shall require the testing of an individual who applies for issuance or renewal of a license or certificate of registry under this chapter for use of a dangerous drug in violation of law or Federal regulation. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 539; Pub. L. 98-557, Sec. 29(a), Oct. 30, 1984, 98 Stat. 2873; Pub. L. 101-380, title IV, Sec. 4101(a), Aug. 18, 1990, 104 Stat. 509.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 7101 46:214 46:224 46:226 46:228 46:229 46:229a 46:229b 46:242 46:243 46:244 46:247 ------------------------------- Section 7101(a) provides the authority for the establishment of licenses and certificates of registry for officers and individuals operating vessels who are required to hold them under Subtitle II. Subsection (b) authorizes the Secretary to issue licenses and certificates of registry based on tonnage, means of propulsion, horsepower, vessel operating area, and other reasonable standards. Subsection (c) authorizes the Secretary to issue licenses to masters, mates, engineers, pilots, operators, and radio officers when found qualified as to age, character, habits of life, experience, professional qualifications, and physical fitness. These qualifying standards must by necessity be reasonable and related to the rigors of the profession. Subsection (d) requires the Secretary to establish, when possible, suitable career patterns and service for and other qualifying requirements appropriate to the particular service or industry for the individuals so engaged. Subsection (e) sets forth the requirements that pilots must meet before being issued a license. Subsection (f) authorizes the Secretary to issue certificates of registry to qualified individuals as pursers, medical doctors, and professional nurses. -REFTEXT- REFERENCES IN TEXT Sections 205(a)(3)(A) or (B) and 206(b)(7) of the National Driver Register Act of 1982, referred to in subsec. (g), are sections 205(a)(3)(A), (B) and 206(b)(7) of Pub. L. 97-364, which are set out as a note under section 401 of Title 23, Highways. -MISC2- AMENDMENTS 1990 - Subsecs. (g) to (i). Pub. L. 101-380 added subsecs. (g) to (i). 1984 - Subsec. (e)(3). Pub. L. 98-557 inserted exemption for pilots on a vessel of less than 1,600 gross tons. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters. PLAN FOR LICENSING OPERATORS OF FISHING INDUSTRY VESSELS Pub. L. 100-424, Sec. 3, Sept. 9, 1988, 102 Stat. 1590, provided that: 'The Secretary of the department in which the Coast Guard is operating shall, within two years after the date of enactment of this Act (Sept. 9, 1988), and in close consultation with the Commercial Fishing Industry Vessel Advisory Committee established under section 4508 of title 46, United States Code (as amended by this Act), prepare and submit to the Congress a plan for the licensing of operators of documented fishing, fish processing, and fish tender vessels. The plan shall take into consideration the nature and variety of the different United States fisheries and of the vessels engaged in those fisheries, the need to license all operators or only those working in certain types of fisheries or vessels, and other relevant factors.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 8101, 8302, 8304, 8502, 8503, 8703, 9302, 9303 of this title; section 1295c of Appendix to this title. ------DocID 53277 Document 178 of 963------ -CITE- 46 USC Sec. 7102 -EXPCITE- TITLE 46 Part E CHAPTER 71 -HEAD- Sec. 7102. Citizenship -STATUTE- Licenses and certificates of registry for individuals on documented vessels may be issued only to citizens of the United States. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 540.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 7102 46:242 46:1132(a) ------------------------------- Section 7102 requires that any individual issued a license or certificate of registry allowing the individual to be engaed on a documented vessel must be a U.S. citizen. ------DocID 53278 Document 179 of 963------ -CITE- 46 USC Sec. 7103 -EXPCITE- TITLE 46 Part E CHAPTER 71 -HEAD- Sec. 7103. Licenses for radio officers -STATUTE- (a) A license as radio officer may be issued only to an applicant who has a first-class or second-class radiotelegraph operator license issued by the Federal Communications Commission. (b) Except as provided in section 7318 of this title, this part does not affect the status of radiotelegraph operators serving on board vessels operating only on the Great Lakes. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 540.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 7103 46:229a 46:229b 46:229g ------------------------------- Section 7103 requires an applicant for a license as a radio officer to have, as a prerequisite, a first-class or second-class radiotelegraph operator license issued by the Federal Communications Commission (FCC). It also excepts radiotelegraph operators that are engaged on Great Lakes vessels from the requirement of having to obtain a radio officer's license. ------DocID 53279 Document 180 of 963------ -CITE- 46 USC Sec. 7104 -EXPCITE- TITLE 46 Part E CHAPTER 71 -HEAD- Sec. 7104. Certificates for medical doctors and nurses -STATUTE- A certificate of registry as a medical doctor or professional nurse may be issued only to an applicant who has a license as a medical doctor or registered nurse, respectively, issued by a State. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 540.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 7104 46:243 ------------------------------- Section 7104 requires an applicant for a certificate of registry as a medical doctor or professional nurse to have, as a prerequisite, a license as a medical doctor or registered nurse issued by a State. ------DocID 53280 Document 181 of 963------ -CITE- 46 USC Sec. 7105 -EXPCITE- TITLE 46 Part E CHAPTER 71 -HEAD- Sec. 7105. Oaths -STATUTE- An applicant for a license or certificate of registry shall take, before the issuance of the license or certificate, an oath before a designated official, without concealment or reservation, that the applicant will perform faithfully and honestly, according to the best skill and judgment of the applicant, all the duties required by law. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 540.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 7105 46:229e 46:231 46:244 ------------------------------- Section 7105 requires all individuals who wish to be issued a license or certificate of registry to take an oath before a government official that they will perform all the duties required by law according to their best skill and judgment. ------DocID 53281 Document 182 of 963------ -CITE- 46 USC Sec. 7106 -EXPCITE- TITLE 46 Part E CHAPTER 71 -HEAD- Sec. 7106. Duration of licenses -STATUTE- A license issued under this part is valid for 5 years and may be renewed for additional 5-year periods. However, the validity of a license issued to a radio officer is conditioned on the continuous possession by the holder of a first-class or second-class radiotelegraph operator license issued by the Federal Communications Commission. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 540; Pub. L. 101-380, title IV, Sec. 4102(a), Aug. 18, 1990, 104 Stat. 509.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 7106 46:214(c) 46:225 46:226 46:228 46:229 46:229c ------------------------------- Section 7106 sets a 5 year time limit on the validity of a license. It also requires a licensed radio officer to be in continuous possession of an FCC license. AMENDMENTS 1990 - Pub. L. 101-380 inserted 'and may be renewed for additional 5-year periods' after 'for 5 years'. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters. TERMINATION OF EXISTING LICENSES, CERTIFICATES, AND DOCUMENTS; APPLICABILITY OF 1990 AMENDMENT Section 4102(d) of Pub. L. 101-380 provided that: 'A license, certificate of registry, or merchant mariner's document issued before the date of the enactment of this section (Aug. 18, 1990) terminates on the day it would have expired if - '(1) subsections (a), (b), and (c) (amending this section and sections 7107 and 7302 of this title) were in effect on the date it was issued; and '(2) it was renewed at the end of each 5-year period under section 7106, 7107, or 7302 of title 46, United States Code.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 7108 of this title. ------DocID 53282 Document 183 of 963------ -CITE- 46 USC Sec. 7107 -EXPCITE- TITLE 46 Part E CHAPTER 71 -HEAD- Sec. 7107. Duration of certificates of registry -STATUTE- A certificate of registry issued under this part is valid for 5 years and may be renewed for additional 5-year periods. However, the validity of a certificate issued to a medical doctor or professional nurse is conditioned on the continuous possession by the holder of a license as a medical doctor or registered nurse, respectively, issued by a State. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 540; Pub. L. 101-380, title IV, Sec. 4102(b), Aug. 18, 1990, 104 Stat. 509.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 7107 46:243 ------------------------------- Section 7107 specifies that there is no time limit on the validity of a certificate of registry issued to a medical doctor or a professional nurse but is conditioned on the continuous possession of the appropriate license issued by a State. AMENDMENTS 1990 - Pub. L. 101-380 substituted 'is valid for 5 years and may be renewed for additional 5-year periods' for 'is not limited in duration'. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters. TERMINATION OF EXISTING LICENSES, CERTIFICATES, AND DOCUMENTS; APPLICABILITY OF 1990 AMENDMENT For provisions that a certificate of registry issued before Aug. 18, 1990, terminates on the day it would have expired if the amendment to this section by Pub. L. 101-380 were in effect on date it was issued and was renewed at the end of each 5-year period under this section, see section 4102(d) of Pub. L. 101-380, set out as a note under section 7106 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 7108 of this title. ------DocID 53283 Document 184 of 963------ -CITE- 46 USC Sec. 7108 -EXPCITE- TITLE 46 Part E CHAPTER 71 -HEAD- Sec. 7108. Termination of licenses and certificates of registry -STATUTE- When the holder of a license or certificate of registry, the duration of which is conditioned under section 7106 or 7107 of this title, fails to hold the license required as a condition, the license or certificate of registry issued under this part is terminated. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 540.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 7108 46:229c 46:243 ------------------------------- Section 7108 specifies if any individual issued a license or certificate of registry fails to have the required FCC or appropriate State medical license, the license or certificate is automatically terminated. The suspension and revocation procedures provided in chapter 77 are not applicable in these cases. ------DocID 53284 Document 185 of 963------ -CITE- 46 USC Sec. 7109 -EXPCITE- TITLE 46 Part E CHAPTER 71 -HEAD- Sec. 7109. Review of criminal records -STATUTE- The Secretary may review the criminal record of each holder of a license or certificate of registry issued under this part who applies for renewal of that license or certificate of registry. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 540; Pub. L. 101-380, title IV, Sec. 4102(e)(1), Aug. 18, 1990, 104 Stat. 510.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 7109 46:225 46:233 ------------------------------- Section 7109 authorizes the Secretary to renew licenses and certificates of registry for additional 5 year periods. AMENDMENTS 1990 - Pub. L. 101-380 substituted 'Review of criminal records' for 'Renewal of licenses' in section catchline and amended text generally. Prior to amendment, text read as follows: 'A license issued under this part may be renewed for additional 5-year periods.' EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters. ------DocID 53285 Document 186 of 963------ -CITE- 46 USC Sec. 7110 -EXPCITE- TITLE 46 Part E CHAPTER 71 -HEAD- Sec. 7110. Exhibiting licenses -STATUTE- Each holder of a license issued under this part shall display, within 48 hours after employment on a vessel for which that license is required, the license in a conspicuous place on the vessel. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 541.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 7109 46:229f 46:232 ------------------------------- Section 7110 requires licensed individuals to display the license in a conspicuous place on the vessel within 48 hours after they are employed. ------DocID 53286 Document 187 of 963------ -CITE- 46 USC Sec. 7111 -EXPCITE- TITLE 46 Part E CHAPTER 71 -HEAD- Sec. 7111. Oral examinations for licenses -STATUTE- An individual may take an oral examination for a license to serve on a fishing, fish processing, or fish tender vessel not required to be inspected under part B of this subtitle. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 541; Pub. L. 98-364, title IV, Sec. 402(8)(B), July 17, 1984, 98 Stat. 447; Pub. L. 99-307, Sec. 1(10), May 19, 1986, 100 Stat. 445.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 7109 46:224a(2) ------------------------------- Section 7111 provides for oral tests for licenses for individuals on fishing vessels that are not required to be inspected under part B. AMENDMENTS 1986 - Pub. L. 99-307 substituted 'part' for 'Part'. 1984 - Pub. L. 98-364 substituted in section catchline 'Oral examinations for licenses' for 'Licenses for fishing vessels not subject to inspection' and in text 'An individual may take an oral examination for a license to serve on a fishing, fish processing, or fish tender vessel not required to be inspected under Part B of this subtitle' for 'Examinations for licensing individuals on fishing vessels not required to be inspected under part B of this subtitle shall be oral'. ------DocID 53287 Document 188 of 963------ -CITE- 46 USC Sec. 7112 -EXPCITE- TITLE 46 Part E CHAPTER 71 -HEAD- Sec. 7112. Licenses of masters or mates as pilots -STATUTE- A master or mate licensed under this part who also qualifies as a pilot is not required to hold 2 licenses. Instead, the qualification of the master or mate as pilot shall be endorsed on the master's or mate's license. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 541.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 7112 46:230 ------------------------------- Section 7112 provides for the endorsement of a master's or mate's license as a pilot if they meet those specifications. These individuals do not have to hold two separate licenses. ------DocID 53288 Document 189 of 963------ -CITE- 46 USC Sec. 7113 -EXPCITE- TITLE 46 Part E CHAPTER 71 -HEAD- Sec. 7113. Exemption from draft -STATUTE- A licensed master, mate, pilot, or engineer of a vessel inspected under part B of this subtitle, propelled by machinery or carrying hazardous liquid cargoes in bulk, is not liable to draft in time of war, except for performing duties authorized by the license. When performing those duties in the service of the United States Government, the master, mate, pilot, or engineer is entitled to the highest rate of wages paid in the merchant marine of the United States for similar services. If killed or wounded when performing those duties, the master, mate, pilot, or engineer, or the heirs or legal representatives of the master, mate, pilot, or engineer, are entitled to all the privileges under the pension laws of the United States provided to members of the Armed Forces. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 541.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 7113 46:225 ------------------------------- Section 7113 exempts licensed masters, mates, pilots, and engineers of inspected vessels that are propelled by machinery or carrying hazardous liquid cargo from the Selective Service draft in time of war. This section also provides that, while serving in that capacity during war, they shall be entitled to the highest rate of pay paid in the U.S. merchant marine for similar services. If a master, mate, pilot, or engineer is killed or wounded when performing those duties during a war, these individuals, their heirs or legal representatives, are entitled to all the privileges provided to members of the Armed Forces under the pension laws of the United States. ------DocID 53289 Document 190 of 963------ -CITE- 46 USC Sec. 7114 -EXPCITE- TITLE 46 Part E CHAPTER 71 -HEAD- Sec. 7114. Fees -STATUTE- The Secretary may prescribe by regulation reasonable fees for the inspection of and the issuance of a certificate, license, or permit related to small passenger vessels and sailing school vessels. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 541.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 7114 46:390a(b) ------------------------------- Section 7114 allows the Secretary to prescribe reasonable fees for the issuance of a certificate of inspection, license, or registry, or permits related to small passenger vessels and sailing school vessels. ------DocID 53290 Document 191 of 963------ -CITE- 46 USC CHAPTER 73 -EXPCITE- TITLE 46 Part E CHAPTER 73 -HEAD- CHAPTER 73 - MERCHANT MARINERS' DOCUMENTS -MISC1- Sec. 7301. General. 7302. Issuing merchant mariners' documents and continuous discharge books. 7303. Possession and description of merchant mariners' documents. 7304. Citizenship notation on merchant mariners' documents. 7305. Oaths for holders of merchant mariners' documents. 7306. General requirements and classifications for able seamen. 7307. Able seamen - unlimited. 7308. Able seamen - limited. 7309. Able seamen - special. 7310. Able seamen - offshore supply vessels. 7311. Able seamen - sail. 7311a. Able seamen - fishing industry. 7312. Scale of employment. 7313. General requirements for members of engine departments. 7314. Service requirements for qualified members of engine departments. 7315. Training. 7316. Lifeboatmen. 7317. Tankermen. 7318. Radiotelegraph operators on Great Lakes. 7319. Records of merchant mariners' documents. HISTORICAL AND REVISION NOTES Chapter 73 establishes the general requirements for the issuance of a merchant mariners' document to those individuals who are required to have a document prior to engagement or employment on certain vessels of the United States. AMENDMENTS 1984 - Pub. L. 98-364, title IV, Sec. 402(9)(A), July 17, 1984, 98 Stat. 448, added item 7311a. ------DocID 53291 Document 192 of 963------ -CITE- 46 USC Sec. 7301 -EXPCITE- TITLE 46 Part E CHAPTER 73 -HEAD- Sec. 7301. General -STATUTE- (a) In this chapter - (1) 'service on deck' means service in the deck department in work related to the work usually performed on board vessels by able seamen and may include service on fishing, fish processing, fish tender vessels and on public vessels of the United States; (2) 360 days is equal to one year's service; and (3) a day is equal to 8 hours of labor or duty. (b) The Secretary may prescribe regulations to carry out this chapter. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 541; Pub. L. 98-364, title IV, Sec. 402(9)(B), July 17, 1984, 98 Stat. 448.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 7301 46:672(c) ------------------------------- Section 7301 defines 'service on deck', 'one year's service' and 'day' with respect to the qualifying time for the issuance of various types of endorsements as able seamen. This section also provides the Secretary with the authority to prescribe regulations to carry out this chapter. AMENDMENTS 1984 - Subsec. (a)(1). Pub. L. 98-364 substituted 'fishing, fish processing, fish tender vessels' for 'decked fishing vessels'. ------DocID 53292 Document 193 of 963------ -CITE- 46 USC Sec. 7302 -EXPCITE- TITLE 46 Part E CHAPTER 73 -HEAD- Sec. 7302. Issuing merchant mariners' documents and continuous discharge books -STATUTE- (a) The Secretary shall issue a merchant mariner's document to an individual required to have that document under part F of this subtitle if the individual satisfies the requirements of this part. The document serves as a certificate of identification and as a certificate of service, specifying each rating in which the holder is qualified to serve on board vessels on which that document is required under part F. (b) The Secretary also may issue a continuous discharge book to an individual issued a merchant mariner's document if the individual requests. (c) The Secretary may not issue a merchant mariner's document under this chapter unless the individual applying for the document makes available to the Secretary, under section 206(b)(7) of the National Driver Register Act of 1982 (23 U.S.C. 401 note), any information contained in the National Driver Register related to an offense described in section 205(a)(3)(A) or (B) of that Act committed by the individual. (d) The Secretary may review the criminal record of an individual who applies for a merchant mariner's document under this section. (e) The Secretary shall require the testing of an individual applying for issuance or renewal of a merchant mariner's document under this chapter for the use of a dangerous drug in violation of law or Federal regulation. (f) A merchant mariner's document issued under this chapter is valid for 5 years and may be renewed for additional 5-year periods. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 542; Pub. L. 101-380, title IV, Sec. 4101(b), 4102(c), Aug. 18, 1990, 104 Stat. 509.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 7302 46:239a(c) 46:643(a) 46:643(c) 46:672(i) ------------------------------- Section 7302(a) requires the Secretary to issue a merchant mariner's document to qualified individuals required to have that document as a prerequisite to employment on certain vessels of the United States. The purpose of the document is to serve as positive identification and to specify each rating in which the individual is qualified to serve on vessels. Subsection (b) allows the Secretary to issue a continuous discharge book to an individual who requests a book. -REFTEXT- REFERENCES IN TEXT Sections 205(a)(3)(A) or (B) and 206(b)(7) of the National Driver Register Act of 1982, referred to in subsec. (c), are sections 205(a)(3)(A), (B) and 206(b)(7) of Pub. L. 97-364, which are set out as a note under section 401 of Title 23, Highways. -MISC2- AMENDMENTS 1990 - Subsecs. (c) to (e). Pub. L. 101-380, Sec. 4101(b), added subsecs. (c) to (e). Subsec. (f). Pub. L. 101-380, Sec. 4102(c), added subsec. (f). EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters. TERMINATION OF EXISTING LICENSES, CERTIFICATES, AND DOCUMENTS; APPLICABILITY OF 1990 AMENDMENT For provisions that a merchant mariner's document issued before Aug. 18, 1990, terminates on the day it would have expired if the amendment to this section by section 4102(c) of Pub. L. 101-380 were in effect on date it was issued and was renewed at the end of each 5-year period under this section, see section 4102(d) of Pub. L. 101-380, set out as a note under section 7106 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 8701 of this title. ------DocID 53293 Document 194 of 963------ -CITE- 46 USC Sec. 7303 -EXPCITE- TITLE 46 Part E CHAPTER 73 -HEAD- Sec. 7303. Possession and description of merchant mariners' documents -STATUTE- A merchant mariner's document shall be retained by the seaman to whom issued. The document shall contain the signature, notations of nationality, age, and physical description, the photograph, the thumbprint, and the home address of the seaman. In addition, the document shall specify the rate or ratings in which the seaman is qualified to serve. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 542.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 7303 46:643(a) ------------------------------- Section 7303 requires seamen to retain their merchant mariner's documents. It also specifies the information that is to be contained in the document. ------DocID 53294 Document 195 of 963------ -CITE- 46 USC Sec. 7304 -EXPCITE- TITLE 46 Part E CHAPTER 73 -HEAD- Sec. 7304. Citizenship notation on merchant mariners' documents -STATUTE- An individual applying for a merchant mariner's document shall provide satisfactory proof that the individual is a citizen of the United States before that notation is made on the document. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 542.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 7304 46:643(b) ------------------------------- Section 7304 specifies, that before a merchant mariner's document is noted to specify that the individual is a U.S. citizen, the individual must provide satisfactory proof that he is a citizen. This does not impose a requirement of United States citizenship as a condition for issuance of a document. ------DocID 53295 Document 196 of 963------ -CITE- 46 USC Sec. 7305 -EXPCITE- TITLE 46 Part E CHAPTER 73 -HEAD- Sec. 7305. Oaths for holders of merchant mariners' documents -STATUTE- An applicant for a merchant mariner's document shall take, before issuance of the document, an oath that the applicant will perform faithfully and honestly all the duties required by law, and will carry out the lawful orders of superior officers. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 542.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- ------------------------------- The requirement for an oath, drawn from a clause which had appeared in 46 U.S.C. 672(g), and administered by the Coast Guard to all applicants, was repealed in a 1980 amendment by section 4 of Public Law 96-378 (94 Stat. 1516). Since no specific comment was made regarding the elimination in 1980 and the agency has continued to administer an oath to all applicants, this provision is being reinstated. The Committee believes the oath will contribute to the discipline and order necessary in the merchant marine. ------DocID 53296 Document 197 of 963------ -CITE- 46 USC Sec. 7306 -EXPCITE- TITLE 46 Part E CHAPTER 73 -HEAD- Sec. 7306. General requirements and classifications for able seamen -STATUTE- (a) To qualify for an endorsement as able seaman authorized by this section, an applicant must provide satisfactory proof that the applicant - (1) is at least 18 years of age; (2) has the service required by the applicable section of this part; (3) is qualified professionally as demonstrated by an applicable examination or educational requirements; and (4) is qualified as to sight, hearing, and physical condition to perform the seaman's duties. (b) The classifications authorized for endorsement as able seaman are the following: (1) able seaman - unlimited. (2) able seaman - limited. (3) able seaman - special. (4) able seaman - offshore supply vessels. (5) able seaman - sail. (6) able seaman - fishing industry. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 542; Pub. L. 98-364, title IV, Sec. 402(9)(C), July 17, 1984, 98 Stat. 448.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 7306 46:672(b) ------------------------------- Section 7306(a) establishes the minimum requirements an individual must meet before being issued a merchant mariner's document endorsed for able seamen. Subsection (b) establishes the classifications of able seamen - unlimited, able seamen - limited, able seamen - special, able seamen - offshore supply vessels, and able seamen - sail. AMENDMENTS 1984 - Subsec. (b)(6). Pub. L. 98-364 added par. (6). EFFECTIVE DATE Provisions of this section (related to able seaman - sail) effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 98-89, set out as a note under section 3101 of this title. ACCEPTANCE OF CERTAIN SERVICES TOWARD ENDORSEMENT AS ABLE SEAMAN Pub. L. 101-595, title VI, Sec. 602(e)(3), Nov. 16, 1990, 104 Stat. 2992, provided that: 'For the purposes of chapter 73 of title 46, United States Code, the Secretary of Transportation shall accept the service used by an individual to qualify for an endorsement as able seaman - fishing industry as qualifying service toward an endorsement as an able seaman - '(A) under sections 7307 and 7309 of that title; or '(B) if the service is on board a vessel of at least 100 gross tons, under section 7308 of that title.' ------DocID 53297 Document 198 of 963------ -CITE- 46 USC Sec. 7307 -EXPCITE- TITLE 46 Part E CHAPTER 73 -HEAD- Sec. 7307. Able seamen - unlimited -STATUTE- The required service for the endorsement of able seaman - unlimited, qualified for unlimited service on a vessel on any waters, is at least 3 years' service on deck on board vessels operating at sea or on the Great Lakes. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 543.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 7307 46:672(b)(1) ------------------------------- Section 7307 requires individuals to have at least 3 years service on deck on vessels operating at sea or on the Great Lakes before their merchant mariner's documents can be endorsed as able seamen - unlimited. ACCEPTANCE OF CERTAIN SERVICES TOWARD ENDORSEMENT AS ABLE SEAMAN Service used to qualify for endorsement as able seaman - fishing industry to be accepted as qualifying service toward an endorsement under this section, see section 602(e)(3) of Pub. L. 101-595, set out as a note under section 7306 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 7312, 7315 of this title. ------DocID 53298 Document 199 of 963------ -CITE- 46 USC Sec. 7308 -EXPCITE- TITLE 46 Part E CHAPTER 73 -HEAD- Sec. 7308. Able seamen - limited -STATUTE- The required service for the endorsement of able seaman - limited, qualified for limited service on a vessel on any waters, is at least 18 months' service on deck on board vessels of at least 100 gross tons operating on the oceans or navigable waters of the United States (including the Great Lakes). -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 543.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 7308 46:672(b)(2) ------------------------------- Section 7308 establishes the minimum service requirements for an individual to qualify for an endorsement as able seamen - limited. ACCEPTANCE OF CERTAIN SERVICES TOWARD ENDORSEMENT AS ABLE SEAMAN Service used to qualify for endorsement as able seaman - fishing industry to be accepted as qualifying service toward an endorsement under this section, see section 602(e)(3) of Pub. L. 101-595, set out as a note under section 7306 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 7312, 7315 of this title. ------DocID 53299 Document 200 of 963------ -CITE- 46 USC Sec. 7309 -EXPCITE- TITLE 46 Part E CHAPTER 73 -HEAD- Sec. 7309. Able seamen - special -STATUTE- The required service for the endorsement of able seaman - special, qualified for special service on a vessel on any waters, is at least 12 months' service on deck on board vessels operating on the oceans or the navigable waters of the United States (including the Great Lakes). -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 543.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 7309 46:672(b)(3) ------------------------------- Section 7309 establishes the minimum service requirements for an individual to qualify as able seamen - special. ACCEPTANCE OF CERTAIN SERVICES TOWARD ENDORSEMENT AS ABLE SEAMAN Service used to qualify for endorsement as able seaman - fishing industry to be accepted as qualifying service toward an endorsement under this section, see section 602(e)(3) of Pub. L. 101-595, set out as a note under section 7306 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 7312, 7315 of this title. ------DocID 53300 Document 201 of 963------ -CITE- 46 USC Sec. 7310 -EXPCITE- TITLE 46 Part E CHAPTER 73 -HEAD- Sec. 7310. Able seamen - offshore supply vessels -STATUTE- For service on a vessel of less than 500 gross tons engaged in support of exploration, exploitation, or production of offshore mineral or energy resources, an individual may be rated as able seaman - offshore supply vessels if the individual has at least 6 months' service on deck on board vessels operating on the oceans or the navigable waters of the United States (including the Great Lakes). -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 543.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 7310 46:672(b)(3) ------------------------------- Section 7310 establishes the minimum service requirements for an individual to serve as able seamen - offshore supply vessels on vessels of less than 500 gross tons engaged in the exploration, exploitation, or production of offshore mineral or energy resources. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 7312, 7315 of this title. ------DocID 53301 Document 202 of 963------ -CITE- 46 USC Sec. 7311 -EXPCITE- TITLE 46 Part E CHAPTER 73 -HEAD- Sec. 7311. Able seamen - sail -STATUTE- For service on a sailing school vessel on any waters, an individual may be rated as able seaman - sail if the individual has at least 6 months' service on deck on sailing school vessels, oceanographic research vessels powered primarily by sail, or equivalent sailing vessels operating on the oceans or navigable waters of the United States (including the Great Lakes). -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 543.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 7311 46:672(b)(4) ------------------------------- Section 7311 establishes the minimum service requirements for an individual to qualify as able seamen - sail on board sailing vessels. EFFECTIVE DATE Section effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 98-89, set out as a note under section 3101 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 7315 of this title. ------DocID 53302 Document 203 of 963------ -CITE- 46 USC Sec. 7311a -EXPCITE- TITLE 46 Part E CHAPTER 73 -HEAD- Sec. 7311a. Able seamen - fishing industry -STATUTE- For service on a fish processing vessel, an individual may be rated as able seaman - fishing industry if the individual has at least 6 months' service on deck on board vessels operating on the oceans or the navigable waters of the United States (including the Great Lakes). -SOURCE- (Added Pub. L. 98-364, title IV, Sec. 402(9)(D), July 17, 1984, 98 Stat. 448.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 7312 of this title. ------DocID 53303 Document 204 of 963------ -CITE- 46 USC Sec. 7312 -EXPCITE- TITLE 46 Part E CHAPTER 73 -HEAD- Sec. 7312. Scale of employment -STATUTE- (a) Individuals qualified as able seamen - unlimited under section 7307 of this title may constitute all of the able seamen required on a vessel. (b) Individuals qualified as able seamen - limited under section 7308 of this title may constitute all of the able seamen required on a vessel of less than 1,600 gross tons or on a vessel operating on the Great Lakes and the Saint Lawrence River as far east as Sept Iles. Individuals qualified as able seamen - limited may constitute not more than 50 percent of the number of able seamen required on board other vessels. (c) Individuals qualified as able seamen - special under section 7309 of this title may constitute - (1) all of the able seamen required on a vessel of not more than 500 gross tons or on a seagoing barge or towing vessel; and (2) not more than 50 percent of the number of able seamen required on board other vessels. (d) Individuals qualified as able seamen - offshore supply vessels under section 7310 of this title may constitute all of the able seamen required on board a vessel of less than 500 gross tons engaged in support of exploration, exploitation, or production of offshore mineral or energy resources. (e) When the service of able seamen - limited or able seamen - special is authorized for only a part of the required number of able seamen on board a vessel, the combined percentage of those individuals so qualified may not be greater than 50 percent of the required number. (f) Individuals qualified as able seamen - fishing industry under section 7311a of this title may constitute - (1) all of the able seamen required on a fish processing vessel entered into service before January 1, 1988, and of more than 1,600 gross tons but not more than 5,000 gross tons; and (2) all of the able seamen required on a fish processing vessel 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 but of not more than 5,000 gross tons. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 543; Pub. L. 98-364, title IV, Sec. 402(9)(E), July 17, 1984, 98 Stat. 448; Pub. L. 99-307, Sec. 1(11), May 19, 1986, 100 Stat. 445.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 7312 46:672(f) ------------------------------- Section 7312(a) provides that able seamen - unlimited may constitute all of the able seamen required on a vessel. Subsection (b) provides that able seamen - limited may constitute 100 percent of the able seamen required on board vessels of less than 600 gross tons operating on the Great Lakes and 50 percent of the number of able seamen required on the larger vessels. Subsection (c) provides that able seamen - special may constitute 100 percent of the able seamen required on vessels not more than 500 gross tons, or a seagoing barge or towing vessel. Able seamen - special may only constitute up to 50 percent of the number of able seamen required on other vessels. Subsection (d) provides that able seamen - offshore supply vessels may constitute 100 percent of the number of able seamen required on vessels of less than 500 gross tons engaged in support of exploration, exploitation, or production of offshore mineral or energy facilities. They may not serve on board other vessels as an able seaman until they have the appropriate required document. Subsection (e) provides that the total number of able seamen - limited or able seamen - special may not be greater than 50 percent of the required number of able seamen on a vessel. AMENDMENTS 1986 - Subsec. (e). Pub. L. 99-307 substituted 'able seamen - limited' for 'able seaman - limited'. 1984 - Subsec. (f). Pub. L. 98-364 added subsec. (f). ------DocID 53304 Document 205 of 963------ -CITE- 46 USC Sec. 7313 -EXPCITE- TITLE 46 Part E CHAPTER 73 -HEAD- Sec. 7313. General requirements for members of engine departments -STATUTE- (a) Classes of endorsement as qualified members of the engine department on vessels of at least 100 gross tons (except vessels operating on rivers or lakes (except the Great Lakes)) may be prescribed by regulation. (b) The ratings of wiper and coal passer are entry ratings and are not ratings as qualified members of the engine department. (c) An applicant for an endorsement as qualified member of the engine department must provide satisfactory proof that the applicant - (1) has the service required by section 7314 of this title; (2) is qualified professionally as demonstrated by an applicable examination; and (3) is qualified as to sight, hearing, and physical condition to perform the member's duties. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 544.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 7313 46:672(g) ------------------------------- Section 7313(a) authorizes the Secretary to establish classes of endorsement for qualified members of the engine department on vessels of 100 gross tons or more (except on vessels operating on rivers and lakes (except the Great Lakes)). Subsection (b) establishes the entry ratings of wiper and coal passer, but specifically excludes them as qualified members of the engine department. Subsection (c) establishes the minimum qualifications individuals must meet in order to have their documents endorsed as a qualified member of engine department. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 7314 of this title. ------DocID 53305 Document 206 of 963------ -CITE- 46 USC Sec. 7314 -EXPCITE- TITLE 46 Part E CHAPTER 73 -HEAD- Sec. 7314. Service requirements for qualified members of engine departments -STATUTE- To qualify for an endorsement as qualified member of the engine department, an applicant must provide proof that the applicant has 6 months' service in the related entry rating as described in section 7313(b) of this title. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 544.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 7314 46:672(g) ------------------------------- Section 7314 requires individuals who wish to have their documents endorsed as a qualified member of the engine department must have at least 6 months service as a wiper or coal passer. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 7313, 7315 of this title. ------DocID 53306 Document 207 of 963------ -CITE- 46 USC Sec. 7315 -EXPCITE- TITLE 46 Part E CHAPTER 73 -HEAD- Sec. 7315. Training -STATUTE- (a) Graduation from a nautical school vessel approved under law and regulation may be substituted for the service requirements under section 7307 or 7314 of this title. (b) The satisfactory completion of other courses of instruction approved by the Secretary may be substituted for not more than one-third of the required service on deck at sea under sections 7307-7311 of this title. (c) The satisfactory completion of other courses of instruction approved by the Secretary may be substituted for not more than one-half of the required service at sea under section 7314 of this title. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 544.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 7315 46:672(c) ------------------------------- Section 7315 specifies the training or course work that may be substituted for service requirements for an endorsement as an able seaman or a qualified member of the engine department. ------DocID 53307 Document 208 of 963------ -CITE- 46 USC Sec. 7316 -EXPCITE- TITLE 46 Part E CHAPTER 73 -HEAD- Sec. 7316. Lifeboatmen -STATUTE- To qualify for an endorsement as lifeboatman, an applicant must provide satisfactory proof that the applicant - (1) has the service or training required by regulation; (2) is qualified professionally as demonstrated by examination; and (3) is qualified professionally by actual demonstration. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 544.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 7316 46:643(l) ------------------------------- Section 7316 establishes the minimum standards an individual must meet in order to qualify for an endorsement as lifeboatman. ------DocID 53308 Document 209 of 963------ -CITE- 46 USC Sec. 7317 -EXPCITE- TITLE 46 Part E CHAPTER 73 -HEAD- Sec. 7317. Tankermen -STATUTE- (a) The Secretary shall prescribe procedures, standards, and qualifications for the issuance of certificates or endorsements as tankerman, stating the types of oil or hazardous material that can be handled with safety to the vessel and the marine environment. (b) An endorsement as tankerman shall indicate the grades or types of cargo the holder is qualified and authorized to handle with safety on board vessels. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 545.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 7317(a) 46:391a(10)(C) ------------------------------- Section 7317(a) establishes the minimum standards an individual must meet in order to qualify for an endorsement as tankerman for various types of oil or hazardous substances. Subsection (b) specifies that the tankerman's endorsement must specify the grades or types of cargo the holder is qualified and allowed to handle. ------DocID 53309 Document 210 of 963------ -CITE- 46 USC Sec. 7318 -EXPCITE- TITLE 46 Part E CHAPTER 73 -HEAD- Sec. 7318. Radiotelegraph operators on Great Lakes -STATUTE- (a) A radiotelegraph operator on the Great Lakes only shall have a first-class or second-class radiotelegraph operator's license issued by the Federal Communications Commission. (b) An endorsement as radiotelegraph operator on the Great Lakes only ends if the holder ceases to hold the license issued by the Commission. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 545.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 7318 46:229c 46:229g 46:643(a) ------------------------------- Section 7318 specifies that radiotelegraph operators on the Great Lakes shall have a first-class or second-class radiotelegraph operator's license issued by the FCC and need not be licensed as a radio operator by the Coast Guard. However, an endorsement as radio telegraph operator has to be noted on his merchant mariners' document. If the holder ceases to have a valid FCC license, then the endorsement is terminated automatically without recourse to suspension and revocation proceedings. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 7103 of this title. ------DocID 53310 Document 211 of 963------ -CITE- 46 USC Sec. 7319 -EXPCITE- TITLE 46 Part E CHAPTER 73 -HEAD- Sec. 7319. Records of merchant mariners' documents -STATUTE- The Secretary shall maintain records on each merchant mariner's document issued, including the name and address of the seaman to whom issued and the next of kin of the seaman. The records are not open to general or public inspection. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 545.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 7319 46:643(f) ------------------------------- Section 7319 requires the Secretary to maintain records on each merchant mariner's document issued and the seaman's next of kin. However, these records are not open for general or public inspection. ------DocID 53311 Document 212 of 963------ -CITE- 46 USC CHAPTER 75 -EXPCITE- TITLE 46 Part E CHAPTER 75 -HEAD- CHAPTER 75 - GENERAL PROCEDURES FOR LICENSING, CERTIFICATION, AND DOCUMENTATION -MISC1- Sec. 7501. Duplicates. 7502. Records. 7503. Dangerous drugs as grounds for denial. 7504. Travel and expense reimbursement. 7505. Review of information in National Driver Register. AMENDMENTS 1990 - Pub. L. 101-380, title IV, Sec. 4105(c), Aug. 18, 1990, 104 Stat. 513, added item 7505. 1986 - Pub. L. 99-640, Sec. 10(b)(2)(B), Nov. 10, 1986, 100 Stat. 3550, added item 7504. ------DocID 53312 Document 213 of 963------ -CITE- 46 USC Sec. 7501 -EXPCITE- TITLE 46 Part E CHAPTER 75 -HEAD- Sec. 7501. Duplicates -STATUTE- (a) If a license, certificate of registry, or merchant mariner's document issued under this part is lost as a result of a marine casualty, the holder shall be supplied with a duplicate without cost. (b) For any other loss, the seaman may obtain a duplicate on payment of reasonable costs prescribed by regulation by the Secretary. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 545; Pub. L. 99-36, Sec. 1(a)(9)(C), May 15, 1985, 99 Stat. 68.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 7501 46:643(h) ------------------------------- Section 7501(a) provides that if a license, certificate or document issued to an individual is lost due to a marine casualty, the individual will be supplied with a duplicate without cost. Subsection (b) provides that if a license, certificate or document is lost for any reason other than a marine casualty, the seaman must pay a reasonable cost for the replacement. AMENDMENTS 1985 - Subsec. (a). Pub. L. 99-36 substituted 'certificate of registry, or merchant mariner's document' for 'certificate, or document'. ------DocID 53313 Document 214 of 963------ -CITE- 46 USC Sec. 7502 -EXPCITE- TITLE 46 Part E CHAPTER 75 -HEAD- Sec. 7502. Records -STATUTE- The Secretary shall maintain computerized records on the issuances, denials, suspensions, and revocations of licenses, certificates of registry, merchant mariners' documents, and endorsements on those licenses, certificates, and documents. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 545; Pub. L. 101-380, title IV, Sec. 4114(e), Aug. 18, 1990, 104 Stat. 517.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 7502 46:414 46:643(f) ------------------------------- Section 7502 requires the Secretary to maintain records on the issuances, denials, suspensions, and revocations of licenses, certificates of registry, merchant mariner's documents, and endorsements. AMENDMENTS 1990 - Pub. L. 101-380 substituted 'maintain computerized records' for 'maintain records'. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters. ------DocID 53314 Document 215 of 963------ -CITE- 46 USC Sec. 7503 -EXPCITE- TITLE 46 Part E CHAPTER 75 -HEAD- Sec. 7503. Dangerous drugs as grounds for denial -STATUTE- ((a) Repealed. Pub. L. 101-380, title IV, Sec. 4103(a)(2)(B), Aug. 18, 1990, 104 Stat. 511.) (b) A license, certificate of registry, or merchant mariner's document authorized to be issued under this part may be denied to an individual who - (1) within 10 years before applying for the license, certificate, or document, has been convicted of violating a dangerous drug law of the United States or of a State; or (2) when applying, has ever been a user of, or addicted to, a dangerous drug unless the individual provides satisfactory proof that the individual is cured. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 545; Pub. L. 99-36, Sec. 1(a)(9)(D), May 15, 1985, 99 Stat. 68; Pub. L. 101-380, title IV, Sec. 4103(a)(2)(B), Aug. 18, 1990, 104 Stat. 511.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 7503(a) 46:239a(a) 46:239b(a) ------------------------------- Section 7503 provides that the issuance of a license, certificate, or document may be denied by the Secretary to any individual who has been convicted, within 10 years, of violating a dangerous drug law of the United States or to any individual who has been a user of a dangerous drug, unless the individual provides satisfactory proof of being cured. This includes PCP and LSD. See also the note to section 7704. However, the Secretary may deny issuing a license, certificate or document to the individual who has used or been convicted of a 'controlled substance' such as LSD if that use or conviction occurred before the date of enactment of this Act. AMENDMENTS 1990 - Subsec. (a). Pub. L. 101-380 repealed subsec. (a) which defined 'dangerous drug' for purpose of this section as narcotic drug, controlled substance, and marihuana. 1985 - Subsec. (b). Pub. L. 99-36 substituted 'certificate of registry, or merchant mariner's document' for first reference to 'certificate, or document'. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 49 App. section 1903. ------DocID 53315 Document 216 of 963------ -CITE- 46 USC Sec. 7504 -EXPCITE- TITLE 46 Part E CHAPTER 75 -HEAD- Sec. 7504. Travel and expense reimbursement -STATUTE- When a requirement to qualify for the issuance of, or endorsement on, a certificate, license, or document under this part is administered at a place at the request of an applicant or an applicant's representative, the applicant or representative may reimburse the Secretary for the travel and subsistence expenses incurred by the personnel assigned to perform the administration of the requirement. Amounts received as reimbursement under this section shall be credited to the appropriation for operating expenses of the Coast Guard. -SOURCE- (Added Pub. L. 99-640, Sec. 10(b)(2)(A), Nov. 10, 1986, 100 Stat. 3549.) ------DocID 53316 Document 217 of 963------ -CITE- 46 USC Sec. 7505 -EXPCITE- TITLE 46 Part E CHAPTER 75 -HEAD- Sec. 7505. Review of information in National Driver Register -STATUTE- The Secretary shall make information received from the National Driver Register under section 206(b)(7) of the National Driver Register Act of 1982 (23 U.S.C. 401 note) available to an individual for review and written comment before denying, suspending, revoking, or taking any other action relating to a license, certificate of registry, or merchant mariner's document authorized to be issued for that individual under this part, based on that information. -SOURCE- (Added Pub. L. 101-380, title IV, Sec. 4105(b)(1), Aug. 18, 1990, 104 Stat. 512.) -MISC1- EFFECTIVE DATE Section applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out as a note under section 2701 of Title 33, Navigation and Navigable Waters. ------DocID 53317 Document 218 of 963------ -CITE- 46 USC CHAPTER 77 -EXPCITE- TITLE 46 Part E CHAPTER 77 -HEAD- CHAPTER 77 - SUSPENSION AND REVOCATION -MISC1- Sec. 7701. General. 7702. Administrative procedure. 7703. Bases for suspension or revocation. 7704. Dangerous drugs as grounds for revocation. 7705. Subpenas and oaths. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 6301, 9303 of this title; title 49 App. section 1903. ------DocID 53318 Document 219 of 963------ -CITE- 46 USC Sec. 7701 -EXPCITE- TITLE 46 Part E CHAPTER 77 -HEAD- Sec. 7701. General -STATUTE- (a) The purpose of suspension and revocation proceedings is to promote safety at sea. (b) Licenses, certificates of registry, and merchant mariners' documents may be suspended or revoked for acts described in section 7703 of this title. (c) When a license, certificate of registry, or merchant mariner's document has been revoked under this chapter, the former holder may be issued a new license, certificate of registry, or merchant mariner's document only after - (1) the Secretary decides, under regulations prescribed by the Secretary, that thd issuance is compatible with the requirement of good discipline and safety at sea; and (2) the former holder provides satisfactory proof that the bases for revocation are no longer valid. (d) The Secretary may prescribe regulations to carry out this chapter. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 546; Pub. L. 101-380, title IV, Sec. 4103(c), Aug. 18, 1990, 104 Stat. 511.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 7701 46:239(g) ------------------------------- Section 7701 establishes the general purpose of suspension and revocation proceedings, which is to promote safety at sea. This section also provides the Secretary with the authority to suspend or revoke licenses, certificates, and documents, as well as the authority to issue a new license, certificate or document to an individual when the issuance is compatible with the requirements of good discipline and safety at sea. It also provides for necessary regulatory authority to carry out its purposes. AMENDMENTS 1990 - Subsec. (c). Pub. L. 101-380 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: 'When a license, certificate of registry, or merchant mariner's document has been revoked under this chapter, the former holder may be issued a new license, certificate, or document only after it has been decided, under regulations prescribed by the Secretary, that the issuance is compatible with the requirements of good discipline and safety at sea.' EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters. ------DocID 53319 Document 220 of 963------ -CITE- 46 USC Sec. 7702 -EXPCITE- TITLE 46 Part E CHAPTER 77 -HEAD- Sec. 7702. Administrative procedure -STATUTE- (a) Sections 551-559 of title 5 apply to each hearing under this chapter about suspending or revoking a license, certificate of registry, or merchant mariner's document. (b) The individual whose license, certificate of registry, or merchant mariner's document has been suspended or revoked under this chapter may appeal, within 30 days, the suspension or revocation to the Secretary. (c)(1) The Secretary shall request a holder of a license, certificate of registry, or merchant mariner's document to make available to the Secretary, under section 206(b)(4) of the National Driver Register Act of 1982 (23 U.S.C. 401 note), all information contained in the National Driver Register related to an offense described in section 205(a)(3)(A) or (B) of that Act committed by the individual. (2) The Secretary shall require the testing of the holder of a license, certificate of registry, or merchant mariner's document for use of alcohol and dangerous drugs in violation of law or Federal regulation. The testing may include preemployment (with respect to dangerous drugs only), periodic, random, reasonable cause, and post accident testing. (d)(1) The Secretary may temporarily, for not more than 45 days, suspend and take possession of the license, certificate of registry, or merchant mariner's document held by an individual if, when acting under the authority of that license, certificate, or document - (A) that individual performs a safety sensitive function on a vessel, as determined by the Secretary; and (B) there is probable cause to believe that the individual - (i) has performed the safety sensitive function in violation of law or Federal regulation regarding use of alcohol or a dangerous drug; (ii) has been convicted of an offense that would prevent the issuance or renewal of the license, certificate, or document; or (iii) within the 3-year period preceding the initiation of a suspension proceeding, has been convicted of an offense described in section 205(a)(3)(A) or (B) of the National Driver Register Act of 1982. (2) If a license, certificate, or document is temporarily suspended under this section, an expedited hearing under subsection (a) of this section shall be held within 30 days after the temporary suspension. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 546; Pub. L. 99-36, Sec. 1(a)(3), May 15, 1985, 99 Stat. 67; Pub. L. 101-380, title IV, Sec. 4103(a)(1), Aug. 18, 1990, 104 Stat. 510.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- ------------------------------- Section 7702(a) provides that Sections 551-559 of title 5 of the United States Code shall apply to each involving the suspension or revocation of a license, certificate, or document. Subsection (b) allows an individual whose license, certificate, or document has been suspended or revoked to appeal it to the Secretary within 30 days. -REFTEXT- REFERENCES IN TEXT Sections 205(a)(3)(A) or (B) and 206(b)(4) of the National Driver Register Act of 1982, referred to in subsecs. (c)(1) and (d)(1)(B)(iii), are sections 205(a)(3)(A), (B) and 206(b)(4) of Pub. L. 97-364, which are set out as a note under section 401 of Title 23, Highways. -MISC2- AMENDMENTS 1990 - Subsecs. (c), (d). Pub. L. 101-380 added subsecs. (c) and (d). 1985 - Subsec. (a). Pub. L. 99-36 substituted 'mariner's' for 'mariners' '. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters. ------DocID 53320 Document 221 of 963------ -CITE- 46 USC Sec. 7703 -EXPCITE- TITLE 46 Part E CHAPTER 77 -HEAD- Sec. 7703. Bases for suspension or revocation -STATUTE- A license, certificate of registry, or merchant mariner's document issued by the Secretary may be suspended or revoked if the holder - (1) when acting under the authority of that license, certificate, or document - (A) has violated or fails to comply with this subtitle, a regulation prescribed under this subtitle, or any other law or regulation intended to promote marine safety or to protect navigable waters; or (B) has committed an act of incompetence, misconduct, or negligence; (2) is convicted of an offense that would prevent the issuance or renewal of a license, certificate of registry, or merchant mariner's document; or (3) within the 3-year period preceding the initiation of the suspension or revocation proceeding is convicted of an offense described in section 205(a)(3)(A) or (B) of the National Driver Register Act of 1982 (23 U.S.C. 401 note). -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 546; Pub. L. 99-36, Sec. 1(a)(9)(E), May 15, 1985, 99 Stat. 68; Pub. L. 101-380, title IV, Sec. 4103(b), Aug. 18, 1990, 104 Stat. 511.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 7703 46:226 46:239 46:240 46:246(c) ------------------------------- This section provides the bases for suspension and revocation of a license, certificate or document. The individual must have been operating under the authority of the required license, certificate, or document and has violated a law or regulation intended to promote marine safety or to protect the navigable waters or has committed an act of incompetence, misconduct, or negligence. AMENDMENTS 1990 - Pub. L. 101-380 amended section generally. Prior to amendment, section read as follows: 'A license, certificate of registry, or merchant mariner's document issued by the Secretary may be suspended or revoked if, when acting under the authority of that license, certificate, or document, the holder - '(1) has violated or failed to comply with this subtitle, a regulation prescribed under this subtitle, or any other law or regulation intended to promote marine safety or to protect navigable waters. '(2) has committed an act of incompetence, misconduct, or negligence.' 1985 - Pub. L. 99-36 substituted 'certificate of registry,' for first reference to 'certificate,'. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 7701 of this title. ------DocID 53321 Document 222 of 963------ -CITE- 46 USC Sec. 7704 -EXPCITE- TITLE 46 Part E CHAPTER 77 -HEAD- Sec. 7704. Dangerous drugs as grounds for revocation -STATUTE- ((a) Repealed. Pub. L. 101-380, title IV, Sec. 4103(a)(2)(B), Aug. 18, 1990, 104 Stat. 511.) (b) If it is shown at a hearing under this chapter that a holder of a license, certificate of registry, or merchant mariner's document issued under this part, within 10 years before the beginning of the proceedings, has been convicted of violating a dangerous drug law of the United States or of a State, the license, certificate, or document shall be revoked. (c) If it is shown that a holder has been a user of, or addicted to, a dangerous drug, the license, certificate of registry, or merchant mariner's document shall be revoked unless the holder provides satisfactory proof that the holder is cured. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 546; Pub. L. 99-36, Sec. 1(a)(9)(F), (G), May 15, 1985, 99 Stat. 68; Pub. L. 101-380, title IV, Sec. 4103(a)(2)(B), Aug. 18, 1990, 104 Stat. 511.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 7704(a) 46:239a(a) 7704(b) 46:239b(b)(1) 7704(c) 46:239b(b)(2) ------------------------------- Section 7704 requires the Secretary to revoke the license, certificate, or document of any individual who has been convicted of a dangerous drug law within 10 years before the beginning of the suspension or revocation procedures. This section has expanded current law to incorporate violations involving 'controlled substances' which are not narcotic. This includes PCP and LSD. Unless it can be done under existing law, the suspension or revocation of an individual's license based on the use of a 'controlled substance' only applies to the use or conviction after the date of enactment of this Act. This section also provides that anyone who has been a user of or addicted to a dangerous drug since July 14, 1954, may be subjected to revocation procedures unless the individual provides satisfactory proof of being cured. In sections 7503(b)(2) and 7704(c), the term 'use', when applying to 'narcotic drugs' or 'controlled substances', is not intended to include the use of 'off the shelf' drugs or drugs acquired with a prescription lawfully issued by a medical doctor, as long as the drugs are used by the individual in the recommended amounts and the drugs will not impair the individual's ability to perform duties. AMENDMENTS 1990 - Subsec. (a). Pub. L. 101-380 struck out subsec. (a) which defined 'dangerous drug' for purpose of this section as narcotic drug, controlled substance, and marihuana. 1985 - Subsec. (b). Pub. L. 99-36, Sec. 1(a)(9)(F), substituted 'merchant mariner's document' for first reference to 'document'. Subsec. (c). Pub. L. 99-36, Sec. 1(a)(9)(G), substituted 'certificate of registry, or merchant mariner's document' for 'certificate, or document'. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters. ------DocID 53322 Document 223 of 963------ -CITE- 46 USC Sec. 7705 -EXPCITE- TITLE 46 Part E CHAPTER 77 -HEAD- Sec. 7705. Subpenas and oaths -STATUTE- (a) An official designated to investigate or preside at a hearing on matters that are grounds for suspension or revocation of licenses, certificates of registry, and merchant mariners' documents may administer oaths and issue subpenas to compel the attendance and testimony of witnesses and the production of records or other evidence during investigations and at hearings. (b) The jurisdictional limits of a subpena issued under this section are the same as, and are enforceable in the same manner as, subpenas issued under chapter 63 of this title. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 547; Pub. L. 99-36, Sec. 1(a)(9)(H), May 15, 1985, 99 Stat. 68.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 7705 46:239(e) ------------------------------- Section 7705 allows officials designated to investigate or preside at hearings on matters that are grounds for suspension and revocation proceedings to administer oaths and issue subpenas. AMENDMENTS 1985 - Subsec. (a). Pub. L. 99-36 substituted 'certificates of registry, and merchant mariners' documents' for 'certificates, and documents'. ------DocID 53323 Document 224 of 963------ -CITE- 46 USC Part F -EXPCITE- TITLE 46 Part F -HEAD- Part F - Manning of Vessels -MISC1- HISTORICAL AND REVISION NOTES Part F provides for the manning of vessels including requirements generally for the number of individuals required, qualifications and conditions of employment, and duties; for masters and other licenses and registered individuals; for pilots; for unlicensed personnel; for small vessels; for tank vessels; and for pilotage on the Great Lakes. The Committee intends that all manning provisions throughout this subtitle will be interpreted to be consistent with one another. -SECREF- PART REFERRED TO IN OTHER SECTIONS This part is referred to in sections 2101, 2113, 7302, 12306, 14305 of this title. ------DocID 53324 Document 225 of 963------ -CITE- 46 USC CHAPTER 81 -EXPCITE- TITLE 46 Part F CHAPTER 81 -HEAD- CHAPTER 81 - GENERAL -MISC1- Sec. 8101. Complement of inspected vessels. 8102. Watchmen. 8103. Citizenship and Naval Reserve requirements. 8104. Watches. (8105. Repealed.) HISTORICAL AND REVISION NOTES Chapter 81 provides for the composition, citizenship, working hours, and other limitations affecting the complement of licensed individuals and crew on certain vessels, a safety watch onboard passenger vessels, membership in the Naval Reserve for certain deck and engineer officers, and penalties for violating, and regulatory authority for implementing its provisions. AMENDMENTS 1990 - Pub. L. 101-595, title VI, Sec. 603(7)(B), Nov. 16, 1990, 104 Stat. 2993, struck out item 8105 'Regulations'. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 2102 of this title. ------DocID 53325 Document 226 of 963------ -CITE- 46 USC Sec. 8101 -EXPCITE- TITLE 46 Part F CHAPTER 81 -HEAD- Sec. 8101. Complement of inspected vessels -STATUTE- (a) The certificate of inspection issued to a vessel under part B of this subtitle shall state the complement of licensed individuals and crew (including lifeboatmen) considered by the Secretary to be necessary for safe operation. A manning requirement imposed on - (1) a sailing school vessel shall consider the participation of sailing school instructors and sailing school students in the operation of that vessel; (2) a mobile offshore drilling unit shall consider the specialized nature of the unit; and (3) a tank vessel shall consider the navigation, cargo handling, and maintenance functions of that vessel for protection of life, property, and the environment. (b) The Secretary may modify the complement, by endorsement on the certificate, for reasons of changed conditions or employment. (c) A requirement made under this section by an authorized official may be appealed to the Secretary under prescribed regulations. (d) A vessel to which this section applies may not be operated without having in its service the complement required in the certificate of inspection. (e) When a vessel is deprived of the service of a member of its complement without the consent, fault, or collusion of the owner, charterer, managing operator, agent, master, or individual in charge of the vessel, the master shall engage, if obtainable, a number of members equal to the number of those of whose services the master has been deprived. The replacements must be of the same or a higher grade or rating than those whose places they fill. If the master finds the vessel is sufficiently manned for the voyage, and replacements are not available to fill all the vacancies, the vessel may proceed on its voyage. Within 12 hours after the vessel arrives at its destination, the master shall report in writing to the Secretary the cause of each deficiency in the complement. A master failing to make the report is liable to the United States Government for a civil penalty of $1,000 for each deficiency. (f) The owner, charterer, or managing operator of a vessel not manned as required by this section is liable to the Government for a civil penalty of $10,000. (g) A person may not employ an individual as, and an individual may not serve as, a master, mate, engineer, radio officer, or pilot of a vessel to which this part applies or which is subject to inspection under chapter 33 of this title if the individual is not licensed by the Secretary. A person (including an individual) violating this subsection is liable to the Government for a civil penalty of not more than $10,000. Each day of a continuing violation is a separate offense. (h) The owner, charterer, or managing operator of a freight vessel of less than 100 gross tons, a small passenger vessel, or a sailing school vessel not manned as required by this section is liable to the Government for a civil penalty of $1,000. The vessel also is liable in rem for the penalty. (i) When the 2 next most senior licensed officers on a vessel reasonably believe that the master or individual in charge of the vessel is under the influence of alcohol or a dangerous drug and is incapable of commanding the vessel, the next most senior master, mate, or operator licensed under section 7101(c)(1) or (3) of this title shall - (1) temporarily relieve the master or individual in charge; (2) temporarily take command of the vessel; (3) in the case of a vessel required to have a log under chapter 113 of this title, immediately enter the details of the incident in the log; and (4) report those details to the Secretary - (A) by the most expeditious means available; and (B) in written form transmitted within 12 hours after the vessel arrives at its next port. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 547; Pub. L. 98-557, Sec. 29(b), Oct. 30, 1984, 98 Stat. 2873; Pub. L. 99-640, Sec. 11(b), Nov. 10, 1986, 100 Stat. 3550; Pub. L. 101-380, title IV, Sec. 4104, 4114(c), 4302(e), Aug. 18, 1990, 104 Stat. 511, 517, 538.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 8101 46:222 46:224 46:446d ------------------------------- Section 8101 provides for the required composition of the complement of licensed individuals and crew of an inspected vessel when being operated. Subsection (a) requires that the certificate of inspection for a vessel state the manning necessary for safe navigation. Manning means the complement of licensed officers and crew (including lifeboatmen). Any manning requirements for sailing school vessels shall take into account the participation of sailing school instructors and sailing school students in the operation of those vessels. Subsection (b) permits the Secretary to modify the manning requirements for reasons of changed conditions or employment. Subsection (c) permits an appeal to the Secretary of any manning requirements made by an authorized official. Subsection (d) prohibits the operation of a vessel without the manning required in the vessel's certificate of inspection. When a vessel has a vacancy in the manning required by its certificate of inspection without the consent, fault, or collusion of anyone responsible for the management or operation of the vessel, subsection (e) requires that the master hire replacements, if possible, in the same or higher grade or rating. However, if the master finds the vessel sufficiently manned and replacements are not available, the vessel may proceed on its voyage. Within 12 hours of arrival at its destination, the master is required to file a written report with the Secretary stating the cause of each deficiency or be liable for a civil penalty. The report of deficiency should include both the reason for the vacancy in the first instance and the reason for the unavailability of a qualified replacement. Subsections (f), (g) and (h) prescribe civil penalties for noncompliance with manning requirements. Subsection (g) also prohibits the employment or service of an individual in a licensed capacity who is not licensed by the Secretary. AMENDMENTS 1990 - Subsec. (a)(3). Pub. L. 101-380, Sec. 4114(c), added par. (3). Subsec. (e). Pub. L. 101-380, Sec. 4302(e)(1), substituted '$1,000' for '$50'. Subsec. (f). Pub. L. 101-380, Sec. 4302(e)(2), substituted '$10,000' for '$100, or, for a deficiency of a licensed individual, a penalty of $500'. Subsec. (g). Pub. L. 101-380, Sec. 4302(e)(3), substituted '$10,000' for '$500'. Subsec. (i). Pub. L. 101-380, Sec. 4104, added subsec. (i). 1986 - Subsec. (a). Pub. L. 99-640 amended subsec. (a) generally, inserting cl. (1) designation before 'a sailing school' and adding cl. (2). 1984 - Subsec. (g). Pub. L. 98-557 substituted provisions relating to inspection under chapter 33 of this title, for provisions relating to applicability of part B of this subtitle. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 8301 of this title. ------DocID 53326 Document 227 of 963------ -CITE- 46 USC Sec. 8102 -EXPCITE- TITLE 46 Part F CHAPTER 81 -HEAD- Sec. 8102. Watchmen -STATUTE- (a) The owner, charterer, or managing operator of a vessel carrying passengers during the nighttime shall keep a suitable number of watchmen in the vicinity of the cabins or staterooms and on each deck to guard against and give alarm in case of a fire or other danger. An owner, charterer, or managing operator failing to provide watchmen required by this section is liable to the United States Government for a civil penalty of $1,000. (b) The owner, charterer, managing operator, agent, master, or individual in charge of a fish processing vessel of more than 100 gross tons shall keep a suitable number of watchmen trained in firefighting on board when hotwork is being done to guard against and give alarm in case of a fire. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 548; Pub. L. 98-364, title IV, Sec. 402(10), July 17, 1984, 98 Stat. 448.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 8102 46:470 46:471 ------------------------------- Section 8102 requires the person responsible for the management of a vessel carrying passengers to have a suitable watch at night to guard against, and to sound an alarm in case of fire or other danger, or be liable for a civil penalty. AMENDMENTS 1984 - Pub. L. 98-364 designated existing provisions as subsec. (a) and added subsec. (b). ------DocID 53327 Document 228 of 963------ -CITE- 46 USC Sec. 8103 -EXPCITE- TITLE 46 Part F CHAPTER 81 -HEAD- Sec. 8103. Citizenship and Naval Reserve requirements -STATUTE- (a) Only a citizen of the United States may serve as master, chief engineer, radio officer, or officer in charge of a deck watch or engineering watch on a documented vessel. (b)(1) Except as otherwise provided in this section, on a documented vessel - (A) each unlicensed seaman must be a citizen of the United States or an alien lawfully admitted to the United States for permanent residence; and (B) not more than 25 percent of the total number of unlicensed seamen on the vessel may be aliens lawfully admitted to the United States for permanent residence. (2) Paragraph (1) of this subsection does not apply to - (A) a yacht; (B) a fishing vessel fishing exclusively for highly migratory species (as that term is defined in section 3 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1802)); and (C) a fishing vessel fishing outside of the exclusive economic zone. (3) The Secretary may waive a citizenship requirement under this section, other than a requirement that applies to the master of a documented vessel, with respect to - (A) an offshore supply vessel or other similarly engaged vessel of less than 1,600 gross tons that operates from a foreign port; (B) a mobile offshore drilling unit or other vessel engaged in support of exploration, exploitation, or production of offshore mineral energy resources operating beyond the water above the outer Continental Shelf (as that term is defined in section 2(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(a)); and (C) any other vessel if the Secretary determines, after an investigation, that qualified seamen who are citizens of the United States are not available. (c) On each departure of a vessel (except a passenger vessel) for which a construction or operating differential subsidy has been granted, all of the seamen of the vessel must be citizens of the United States. (d)(1) On each departure of a passenger vessel for which a construction or operating differential subsidy has been granted, at least 90 percent of the entire complement (including licensed individuals) must be citizens of the United States. (2) An individual not required by this subsection to be a citizen of the United States may be engaged only if the individual has a declaration of intention to become a citizen of the United States or other evidence of admission to the United States for permanent residence. An alien may be employed only in the steward's department of the passenger vessel. (e) If a documented vessel is deprived for any reason of the services of an individual (except the master and the radio officer) when on a foreign voyage and a vacancy consequently occurs, until the vessel's return to a port at which in the most expeditious manner a replacement who is a citizen of the United States can be obtained, an individual not a citizen of the United States may serve in - (1) the vacancy; or (2) a vacancy resulting from the promotion of another individual to fill the original vacancy. (f) A person employing an individual in violation of this section or a regulation prescribed under this section is liable to the United States Government for a civil penalty of $500 for each individual so employed. (g) A deck or engineer officer employed on a vessel on which an operating differential subsidy is paid, or employed on a vessel (except a vessel of the Coast Guard or Saint Lawrence Seaway Development Corporation) owned or operated by the Department of Transportation or by a corporation organized or controlled by the Department, if eligible, shall be a member of the Naval Reserve. (h) The President may - (1) suspend any part of this section during a proclaimed national emergency; and (2) when the needs of commerce require, suspend as far and for a period the President considers desirable, subsection (a) of this section for crews of vessels of the United States documented for foreign trade. (i)(1) Except as provided in paragraph (3) of this subsection, each unlicensed seaman on a fishing, fish processing, or fish tender vessel that is engaged in the fisheries in the navigable waters of the United States or the exclusive economic zone must be - (A) a citizen of the United States; (B) an alien lawfully admitted to the United States for permanent residence; or (C) any other alien allowed to be employed under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (2) Not more than 25 percent of the unlicensed seamen on a vessel subject to paragraph (1) of this subsection may be aliens referred to in clause (C) of that paragraph. (3) This subsection does not apply to a fishing vessel fishing exclusively for highly migratory species (as that term is defined in section 3 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1802)). -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 548; Pub. L. 100-239, Sec. 5(a)(1), (2), (b)-(d)(1), Jan. 11, 1988, 101 Stat. 1780; Pub. L. 100-255, Mar. 4, 1988, 102 Stat. 23; Pub. L. 101-595, title VI, Sec. 603(6), title VII, Sec. 711, Nov. 16, 1990, 104 Stat. 2993, 2997.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 8103 46:221 46:236 46:672(h) 46:672a 46:690 46:1132 ------------------------------- Section 8103 sets forth the requirements for citizenship and Naval Reserve membership for the complement on a vessel documented under the laws of the United States. Subsection (a) requires that the master, chief engineer, or officer in charge of a deck or engineering watch on a United States documented vessel be a United States citizen. Subsection (b) requires that 75 percent of the seamen, excluding licensed individuals, on a United States documented vessel be United States citizens, except for a fishing or whaling vessel or yacht. The Secretary may reduce the percentage if the Secretary decides on investigation that United States seamen are not available. This investigation and percentage reduction authority is the sole responsibility of the Secretary of Transportation and accordingly the Secretary is to make these decisions expeditiously, promptly, and independently so as not to be dependent on any other agency to make this reduction. The Committee believes the Secretary is capable of this decision and need not delay or fail to make the decision because some other agency does not have the information or would require an extended period to acquire that information. The phrase 'for any reason' is used merely to emphasize the complete discretion of the Secretary in making this decision. In addition, because this decision is based on an investigation, formal procedures of the Administrative Procedure Act do not apply. Subsections (c) and (d) provide that a vessel, except a passenger vessel, on departure from the United States that has been granted a construction or operating differential subsidy have a higher percentage citizenship requirement. Subsection (c) requires all of the crew and employees of a cargo vessel be United States citizens. Subsection (d) requires at least 90 percent of the entire complement of a passenger vessel be United States citizens. The phrase 'including all licensed individuals' emphasizes that all licensed individuals are required to be United States citizens as required by subsection (a) and that they compose part of the 90 percent requirement under this subsection. Further, under subsection (d), the balance of the complement must be individuals who have a declaration of intention to become a United States citizen or evidence of admission to the United States as a permanent resident and may only be employed in the steward's department of the passenger vessel. Except for the master, subsection (e) permits a non-United States citizen to fill a vacancy that occurs for any reason on a United States documented vessel during a foreign voyage until the vessel returns to a United States port where a United States citizen replacement can be obtained. The phrase 'for any reason' is used merely for emphasis. Subsection (f) provides for the penalty for violation of this section. Subsection (g) requires a deck or engineer officer on a vessel that has been granted an operating differential subsidy or is under the control by the Department of Transportation to be, if eligible, a member of the Naval Reserve. This section does not apply to a vessel of the Coast Guard or the Saint Lawrance Seaway Development Corporation. Subsection (h) permits the President to suspend the requirements of this section during a proclaimed national emergency or the requirement of subsection (a) for United States vessels documented for foreign trade when the needs of commerce require. -REFTEXT- REFERENCES IN TEXT The Immigration and Nationality Act, referred to in subsec. (i)(1)(C), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, and is classified principally to chapter 12 (Sec. 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables. -MISC2- AMENDMENTS 1990 - Subsec. (i)(3)(C). Pub. L. 101-595, Sec. 603(6) and 711, amended subpar. (C) identically, substituting 'Nationality' for 'Naturalization'. 1988 - Subsec. (a). Pub. L. 100-239, Sec. 5(a)(1), inserted 'radio officer,' after 'chief engineer,'. Subsec. (b). Pub. L. 100-255 substituted 'section,' for 'subsection,' in par. (3). Pub. L. 100-239, Sec. 5(a)(2), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: 'On each departure of a documented vessel (except a fishing or whaling vessel or yacht) from a port of the United States, 75 percent of the seamen (excluding licensed individuals) must be citizens of the United States. If the Secretary decides, on investigation, that qualified citizen seamen are not available, the Secretary may reduce the percentage.' Subsecs. (c), (d)(1). Pub. L. 100-239, Sec. 5(b), struck out 'from the United States' after 'On each departure'. Subsec. (e). Pub. L. 100-239, Sec. 5(c), inserted 'and the radio officer' after 'the master' and substituted 'until the vessel's return to a port at which in the most expeditious manner' for 'until the vessel's first return to a United States port at which'. Subsec. (i). Pub. L. 100-239, Sec. 5(d)(1), added subsec. (i). EFFECTIVE DATE OF 1988 AMENDMENT Section 5(a)(3) of Pub. L. 100-239 provided that: 'Paragraph (2) of this subsection (amending this section) is effective 30 days after the date of enactment of this Act (Jan. 11, 1988).' Section 5(d)(2) of Pub. L. 100-239 provided that: 'This subsection (amending this section) is effective 360 days after the day of the enactment of this Act (Jan. 11, 1988).' APPLICATION OF SECTION TO FISHING VESSELS IN CALIFORNIA Section 317 of Pub. L. 101-595 provided that: '(a) Definition. - For purposes of the application of sections 8103(a), 12102, 12110, and 12111 of title 46, United States Code, to a fishing vessel operating in waters subject to the jurisdiction of the United States off the coast of the State of California, the term 'citizen of the United States' includes an alien lawfully admitted to the United States for permanent residence. '(b) Termination. - This section shall terminate on October 1, 2000.' ------DocID 53328 Document 229 of 963------ -CITE- 46 USC Sec. 8104 -EXPCITE- TITLE 46 Part F CHAPTER 81 -HEAD- Sec. 8104. Watches -STATUTE- (a) An owner, charterer, managing operator, master, individual in charge, or other person having authority may permit an officer to take charge of the deck watch on a vessel when leaving or immediately after leaving port only if the officer has been off duty for at least 6 hours within the 12 hours immediately before the time of leaving. (b) On an oceangoing or coastwise vessel of not more than 100 gross tons (except a fishing, fish processing, or fish tender vessel), a licensed individual may not be required to work more than 9 of 24 hours when in port, including the date of arrival, or more than 12 of 24 hours at sea, except in an emergency when life or property are endangered. (c) On a towing vessel (except a towing vessel operated only for fishing, fish processing, fish tender, or engaged in salvage operations) operating on the Great Lakes, harbors of the Great Lakes, and connecting or tributary waters between Gary, Indiana, Duluth, Minnesota, Niagara Falls, New York, and Ogdensburg, New York, a licensed individual or seaman in the deck or engine department may not be required or permitted to work more than 8 hours in one day, except in an emergency when life or property are endangered. (d) On a merchant vessel of more than 100 gross tons (except a vessel only operating on rivers, harbors, lakes (except the Great Lakes), bays, sounds, bayous, and canals, a fishing, fish tender, or whaling vessel, a fish processing vessel of not more than 5,000 gross tons, yacht, or vessel engaged in salvage operations), the licensed individuals, sailors, coal passers, firemen, oilers, and water tenders shall be divided, when at sea, into at least 3 watches, and shall be kept on duty successively to perform ordinary work incident to the operation and management of the vessel. The requirement of this subsection applies to radio officers only when at least 3 radio officers are employed. A licensed individual or seaman in the deck or engine department may not be required to work more than 8 hours in one day. (e) On a vessel designated by subsections (c) and (d) of this section - (1) a seaman may not be - (A) engaged to work alternately in the deck and engine departments; or (B) required to work in the engine department if engaged for deck department duty or required to work in the deck department if engaged for engine department duty; (2) a seaman may not be required to do unnecessary work on Sundays, New Year's Day, July 4th, Labor Day, Thanksgiving Day, or Christmas Day, when the vessel is in a safe harbor, but this clause does not prevent dispatch of a vessel on a voyage; and (3) when the vessel is in a safe harbor, 8 hours (including anchor watch) is a day's work. (f) Subsections (d) and (e) of this section do not limit the authority of the master or other officer or the obedience of the seamen when, in the judgment of the master or other officer, any part of the crew is needed for - (1) maneuvering, shifting the berth of, mooring, or unmooring, the vessel; (2) performing work necessary for the safety of the vessel, or the vessel's passengers, crew, or cargo; (3) saving life on board another vessel in jeopardy; or (4) performing fire, lifeboat, or other drills in port or at sea. (g) On a towing vessel (except a vessel to which subsection (c) of this section applies), an offshore supply vessel, or a barge to which this section applies, that is engaged on a voyage of less than 600 miles, the licensed individuals and crewmembers (except the coal passers, firemen, oilers, and water tenders) may be divided, when at sea, into at least 2 watches. (h) On a vessel to which section 8904 of this title applies, an individual licensed to operate a towing vessel may not work for more than 12 hours in a consecutive 24-hour period except in an emergency. (i) A person violating subsection (a) or (b) of this section is liable to the United States Government for a civil penalty of $10,000. (j) The owner, charterer, or managing operator of a vessel on which a violation of subsection (c), (d), (e), or (h) of this section occurs is liable to the Government for a civil penalty of $10,000. The seaman is entitled to discharge from the vessel and receipt of wages earned. (k) On a fish processing vessel subject to inspection under part B of this subtitle, the licensed individuals and deck crew shall be divided, when at sea, into at least 3 watches. (l) Except as provided in subsection (k) of this section, on a fish processing vessel, the licensed individuals and deck crew shall be divided, when at sea, into at least 2 watches if the vessel - (1) entered into service before January 1, 1988, and is more than 1,600 gross tons; or (2) entered into service after December 31, 1987, and has more than 16 individuals on board primarily employed in the preparation of fish or fish products. (m) This section does not apply to a fish processing vessel - (1) entered into service before January 1, 1988, and not more than 1,600 gross tons; or (2) entered into service after December 31, 1987, and having not more than 16 individuals on board primarily employed in the preparation of fish or fish products. (n) (FOOTNOTE 1) On a tanker, a licensed individual or seaman may not be permitted to work more than 15 hours in any 24-hour period, or more than 36 hours in any 72-hour period, except in an emergency or a drill. In this subsection, 'work' includes any administrative duties associated with the vessel whether performed on board the vessel or onshore. (FOOTNOTE 1) So in original. Two subsecs. (n) have been enacted. (n)(1) (FOOTNOTE 1) Except as provided in paragraph (2) of this subsection, on a fish tender vessel of not more than 500 gross tons engaged in the Aleutian trade, the licensed individuals and crewmembers shall be divided, when at sea, into at least 3 watches. (2) On a fish tender vessel of not more than 500 gross tons engaged in the Aleutian trade, the licensed individuals and crewmembers shall be divided, when at sea, into at least 2 watches, if the vessel - (A) before September 8, 1990, operated in that trade; or (B)(i) before September 8, 1990, was purchased to be used in that trade; and (ii) before June 1, 1992, entered into service in that trade. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 549; Pub. L. 98-364, title IV, Sec. 402(11), July 17, 1984, 98 Stat. 448; Pub. L. 98-557, Sec. 33(c), Oct. 30, 1984, 98 Stat. 2876; Pub. L. 99-307, Sec. 1(12), May 19, 1986, 100 Stat. 445; Pub. L. 101-380, title IV, Sec. 4114(b), 4302(f), Aug. 18, 1990, 104 Stat. 517, 538; Pub. L. 101-595, title VI, Sec. 602(e)(1), Nov. 16, 1990, 104 Stat. 2991.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 8104 46:235 46:405(b) 46:673 ------------------------------- Section 8104 prescribes certain working hours and conditions under which working hours are set. The Committee intends that these sections be interpreted in a manner consistent with one another. Subsection (a) permits an individual to take charge of the deck watch on leaving port and immediately thereafter only if the individual has been off duty for 6 of the 12 hours immediately prior to departure. Subsection (b) prohibits a licensed individual from being required to work more than 9 of 24 hours in port or more than 12 of 24 hours at sea on an oceangoing or coastwise vessel of not more than 100 gross tons, except in an emergency. Subsection (c) prescribes a maximum 8-hour day for licensed individuals and seamen on towing vessels operating on the Great Lakes and certain connecting or tributary waters. Subsection (d) requires certain members of the complement of certain merchant vessels of more than 100 gross tons to be divided into at least 3 successive watches when at sea. This requirement applies to radio officers only when at least 3 radio officers are employed. Subsection (d) also prescribes a maximum 8-hour work day for licensed individuals and seamen on these vessels. For the Great Lakes towing vessels and merchant vessels in subsections (c) and (d(, subsection (e) requires that seamen be hired only for work in either the deck or the engine department. When in a safe harbor, seamen may be required to do only necessary work on Sundays and certain holidays, unless the vessel is getting underway on a voyage. Further, when in a safe harbor, this subsection restates the maximum 8-hour work day which applies even for anchor watch. Subsection (f) states that the limitations in subsections (d) and (e) do not apply if the master or other officer decides the crew is needed for certain routine, safety, or rescue activities. Subsection (g) provides that for a towing vessel (except a Great Lakes towing vessel under subsection (c)), offshore supply vessel, or barge on a voyage of less than 600 miles, the licensed officers and certain crewmembers may be divided into not less than two watches when at sea. Subsection (h) provides that the licensed operator for a towing vessel at least 26 feet long may not be required to work more than 12 of 24 hours, except in an emergency. Subsections (i) and (j) prescribe penalties for violations of the provisions of this section and, in certain instances, entitles the seaman to discharge and payment of wages. AMENDMENTS 1990 - Subsecs. (i), (j). Pub. L. 101-380, Sec. 4302(f), substituted '$10,000' for '$100' in subsec. (i) and for '$500' in subsec. (j). Subsec. (n). Pub. L. 101-595 added subsec. (n) relating to fish tender vessels of not more than 500 gross tons engaged in Aleutian trade. Pub. L. 101-380, Sec. 4114(b), added subsec. (n) relating to tankers. 1986 - Subsec. (k). Pub. L. 99-307 substituted 'watches' for 'watchers'. 1984 - Subsec. (b). Pub. L. 98-364, Sec. 402(11)(A), substituted '100 gross tons (except a fishing, fish processing, or fish tender vessel)' for '100 gross tons'. Subsec. (c). Pub. L. 98-364, Sec. 402(11)(B), substituted 'fishing, fish processing, fish tender,' for 'fishing'. Subsec. (d). Pub. L. 98-364, Sec. 402(11)(C), substituted 'a fishing, fish tender, or whaling vessel, a fish processing vessel of not more than 5,000 gross tons' for 'a fishing or whaling vessel'. Subsec. (k). Pub. L. 98-557 substituted 'shall' for 'may'. Pub. L. 98-364, Sec. 402(11)(D), added subsec. (k). Subsec. (l). Pub. L. 98-557 substituted 'shall' for 'may' in provisions preceding par. (1). Pub. L. 98-364, Sec. 402(11)(D), added subsec. (l). Subsec. (m). Pub. L. 98-364, Sec. 402(11)(D), added subsec. (m). EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 8702 of this title. ------DocID 53329 Document 230 of 963------ -CITE- 46 USC Sec. 8105 -EXPCITE- TITLE 46 Part F CHAPTER 81 -HEAD- (Sec. 8105. Repealed. Pub. L. 101-595, title VI, Sec. 603(7)(A), Nov. 16, 1990, 104 Stat. 2993) -MISC1- Section, Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 550, authorized Secretary to prescribe regulations to carry out this part. ------DocID 53330 Document 231 of 963------ -CITE- 46 USC CHAPTER 83 -EXPCITE- TITLE 46 Part F CHAPTER 83 -HEAD- CHAPTER 83 - MASTERS AND OFFICERS -MISC1- Sec. 8301. Minimum number of licensed individuals. 8302. Staff department. 8303. Service under licenses issued without examination. 8304. Implementing the Officers' Competency Certificates Convention, 1936. HISTORICAL AND REVISION NOTES For certain vessels of the United States, chapter 83 prescribes the minimum number of licensed individuals (including masters), establishes the staff department consisting of medical and clerical personnel, restricts service under certain licenses issued without examination, and implements the Officers' Competency Certificates Convention of 1936. ------DocID 53331 Document 232 of 963------ -CITE- 46 USC Sec. 8301 -EXPCITE- TITLE 46 Part F CHAPTER 83 -HEAD- Sec. 8301. Minimum number of licensed individuals -STATUTE- (a) Except as provided in chapter 89 of this title and except for a vessel operating only on rivers, harbors, lakes (except the Great Lakes), bays, sounds, bayous, and canals, a vessel subject to inspection under chapter 33 of this title shall engage a minimum of licensed individuals as follows: (1) Each of those vessels propelled by machinery or carrying passengers shall have a licensed master. (2) A vessel of at least 1,000 gross tons and propelled by machinery shall have 3 licensed mates, except - (A) in the case of a vessel other than a mobile offshore drilling unit, if on a voyage of less than 400 miles from port of departure to port of final destination, the vessel shall have 2 licensed mates; and (B) in the case of a mobile offshore drilling unit, the vessel shall have licensed individuals as provided by regulations prescribed by the Secretary under section 8101 of this title. (3) A vessel of at least 200 gross tons but less than 1,000 gross tons and propelled by machinery shall have 2 licensed mates. (4) A vessel of at least 100 gross tons but less than 200 gross tons and propelled by machinery shall have one licensed mate. However, if the vessel is on a voyage of more than 24 hours, it shall have 2 licensed mates. (5) A freight vessel or a passenger vessel of at least 300 gross tons and propelled by machinery shall have a licensed engineer. (b) An offshore supply vessel on a voyage of less than 600 miles shall have a licensed mate. However, if the vessel is on a voyage of at least 600 miles, the vessel shall have 2 licensed mates. An offshore supply vessel of more than 200 gross tons may not be operated without a licensed engineer. (c) Subsection (a) of this section does not apply to a fishing or whaling vessel, a mobile offshore drilling unit when on location, or a yacht. (d) The Secretary may - (1) suspend any part of this chapter during a national emergency proclaimed by the President; and (2) increase the number of licensed individuals on a vessel to which this chapter applies if, in the Secretary's judgment, the vessel is not sufficiently manned for safe operation. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 550; Pub. L. 98-557, Sec. 29(c), (d), Oct. 30, 1984, 98 Stat. 2873, 2874; Pub. L. 99-640, Sec. 11(d), Nov. 10, 1986, 100 Stat. 3550; Pub. L. 100-448, Sec. 7, Sept. 28, 1988, 102 Stat. 1842.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 8301 46:223 46:404-1(8) ------------------------------- Section 8301 prescribes the minimum number of licensed individuals on board certain vessels based on the vessel's size or propulsion, length of voyage by distance or time, or any combination of these factors. Subsection (a) applies to certain merchant and passenger carrying vessels of the United States, each of which must have a licensed master regardless of the factors listed above. Subsection (b) applies to offshore supply vessels. Subsection (c) exempts fishing or whaling vessels or yachts from these requirements. Subsection (d) permits the Secretary to suspend any part of this chapter during a declared national emergency or to increase the number of licensed individuals required by this chapter if required for safe operation of a vessel. AMENDMENTS 1988 - Subsec. (a)(2). Pub. L. 100-448 amended par. (2) generally. Prior to amendment, par. (2) read as follows: 'A vessel of at least 1,000 gross tons and propelled by machinery shall have 3 licensed mates. However, if the vessel is on a voyage of less than 400 miles from port of departure to port of final destination, it shall have 2 licensed mates.' 1986 - Subsec. (c). Pub. L. 99-640 inserted ', a mobile offshore drilling unit when on location,'. 1984 - Subsec. (a). Pub. L. 98-557, Sec. 29(c), in provisions preceding par. (1) inserted exception for the Great Lakes and substituted provisions relating to inspection under chapter 33 of this title for provisions relating to applicability of part B of this subtitle. Subsec. (a)(1). Pub. L. 98-557, Sec. 29(d), inserted 'propelled by machinery or carrying passengers'. ------DocID 53332 Document 233 of 963------ -CITE- 46 USC Sec. 8302 -EXPCITE- TITLE 46 Part F CHAPTER 83 -HEAD- Sec. 8302. Staff department -STATUTE- (a) This section applies to a vessel of the United States except - (1) a fishing or whaling vessel or a yacht; (2) a vessel operated only on bays, sounds, inland waters, and lakes (except the Great Lakes); and (3) a vessel ferrying passengers and cars on the Great Lakes. (b) The staff department on a vessel is a separate and independent department. It consists of individuals registered under section 7101 of this title, clerks, and individuals assigned to the senior registered medical doctor. (c) The staff department is composed of a medical division and a purser's division. The officer in charge of each division is responsible only to the master. The senior registered medical doctor is in charge of the medical division. The senior registered purser is in charge of the purser's division. (d) The officer in charge of the purser's division of the staff department on an oceangoing passenger vessel licensed to carry more than 100 passengers shall be a registered chief purser. When more than 3 persons are employed in the purser's division of that vessel, there also shall be at least one registered senior assistant purser and one registered junior assistant purser. (e) A person may not employ an individual to serve in, and an individual may not serve in, a grade of staff officer on a vessel, when that staff officer is required by this section to be registered, if the individual does not have a certificate of registry as staff officer in that grade. A person (including an individual) violating this subsection is liable to the United States Government for a civil penalty of $100. However, if a registered staff officer is not available at the time of sailing, the vessel may sail with an unregistered staff officer or without a staff officer. (f) A staff officer may not be included in a vessel's certificate of inspection. (g) A registered staff officer serving under this section who is a member of the Naval Reserve may wear on the officer's uniform special distinguishing insignia prescribed by the Secretary of the Navy. (h) The uniform stripes, decoration, or other insignia worn by a staff officer shall be of gold braid or woven gold or silver material. A crewmember (except a staff officer) may not wear any uniform with a staff officer's identifying insignia. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 551; Pub. L. 99-36, Sec. 1(a)(4), May 15, 1985, 99 Stat. 67.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 8302(a)-(d) 46:242 46:248 8302(e), (f) 46:246(a) 8302(g) 46:245(a) 8302(h) 46:245(b) ------------------------------- Section 8302 sets forth the organization and manning requirements of the staff department of a vessel. The staff department has medical and clerical responsibilities. Subsection (a) applies this section to every United States vessel except a yacht, a fishing, whaling, or certain types of inland waterway vessel, and a ferry carrying passengers or cars on the Great Lakes. A ferry is a vessel that primarily carries passengers, cars, or trains from shore to shore as a means to connect existing points on a transportation route so that the same type of transportation mode may continue to be used upon arrival at either point. Vessels carrying cars as cargo would not be included in this type of vessel. Subsection (b) establishes the staff department as a separate one consisting of registered individuals (pursers, medical doctors, and professional nurses), clerks, and medical assistants. Subsection (c) divides the department into a medical division and a purser's division and designates the individual in charge of each division. Subsection (d) prescribes particular requirements of the purser's division based on size of the vessel or number of individuals employed in the division. Subsection (e) prohibits the employment or service of an individual who is not registered or of the grade as required under this section and prescribes a penalty for violation of the subsection. This penalty applies to both the employer and the individual employed. If a registered staff officer is unavailable at the time of departure for a voyage, the vessel may proceed on its voyage with either an unregistered staff officer or without a staff officer. Subsection (f) prohibits including a staff officer on a vessel's certificate of inspection. Subsections (g) and (h) prescribe the type and restrictions for the uniform accouterments of a staff officer. AMENDMENTS 1985 - Subsec. (b). Pub. L. 99-36 inserted a comma after 'clerks'. ------DocID 53333 Document 234 of 963------ -CITE- 46 USC Sec. 8303 -EXPCITE- TITLE 46 Part F CHAPTER 83 -HEAD- Sec. 8303. Service under licenses issued without examination -STATUTE- An individual issued a license without examination before October 29, 1941, to serve as master, mate, or engineer on a vessel not subject to inspection under part B of this subtitle, may not serve under authority of that license on a vessel that is subject to inspection under part B. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 552.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 8303 46:224a ------------------------------- Section 8303 prohibits an individual licensed without an examination on an uninspected vessel prior to October 29, 1941, from serving as a master, mate, or engineer on an inspected vessel. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14305 of this title. ------DocID 53334 Document 235 of 963------ -CITE- 46 USC Sec. 8304 -EXPCITE- TITLE 46 Part F CHAPTER 83 -HEAD- Sec. 8304. Implementing the Officers' Competency Certificates Convention, 1936 -STATUTE- (a) In this section, 'high seas' means waters seaward of the Boundary Line. (b) The Officers' Competency Certificates Convention, 1936 (International Labor Organization Draft Convention Numbered 53, on the minimum requirement of professional capacity for masters and officers on board merchant vessels), as ratified by the President on September 1, 1938, with understandings appended, and this section apply to a documented vessel operating on the high seas except - (1) a public vessel; (2) a wooden vessel of primitive build, such as a dhow or junk; (3) a barge; and (4) a vessel of less than 200 gross tons. (c) A person may not engage or employ an individual to serve as, and an individual may not serve as, a master, mate, or engineer on a vessel to which this section applies, if the individual does not have a license issued under section 7101 of this title authorizing service in the capacity in which the individual is to be engaged or employed. (d) A person (including an individual) violating this section is liable to the United States Government for a civil penalty of $100. (e) A license issued to an individual to whom this section applies is a certificate of competency. (f) A designated official may detain a vessel to which this section applies (by written order served on the owner, charterer, managing operator, agent, master, or individual in charge of the vessel) when there is reason to believe that the vessel is about to proceed from a port of the United States to the high seas in violation of this section or a provision of the convention described in subsection (b) of this section. The vessel may be detained until the vessel complies with this section. Clearance may not be granted to a vessel ordered detained under this section. (g) A foreign vessel to which the convention described in subsection (b) of this section applies, on the navigable waters of the United States, is subject to detention under subsection (f) of this section, and to an examination that may be necessary to decide if there is compliance with the convention. (h) The owner, charterer, managing operator, agent, master, or individual in charge of a vessel detained under subsection (f) or (g) of this section may appeal the order within 5 days as provided by regulation. (i) An officer or employee of the Customs Service may be designated to enforce this section. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 552.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 8304 46:224a 46:241 ------------------------------- Section 8304 implements the Officers' Competency Certificates Convention, 1936, as ratified by the President on September 1, 1938, with understandings appended. Subsection (a) defines 'high seas' for this section. Subsection (b) implements the Convention, applies the Convention to United States vessels on the high seas, and exempts certain vessels. Subsection (c) prohibits the employment or service of an individual as a master, mate, or engineer on a vessel under this section unless the individual has a license issued under section 7101 for the particular capacity in which the individual is employed. Subsection (d) prescribes a civil penalty for violating this section. Subsection (e) states that the license referred to in subsection (c) is a certificate of competency for purposes of the Convention. Subsection (f) provides for the detention of a vessel in violation of this section or the Convention. Subsection (g) applies the detention provision to a foreign vessel on the navigable waters of the United States and subjects it to an examination for compliance with the Convention. Subsection (h) provides for an appeal of the detention order. Subsection (i) permits the designation of a Customs Service officer or employee to enforce this section. -REFTEXT- REFERENCES IN TEXT The Officers' Competency Certificates Convention, 1936, referred to in subsec. (b), is set out in 54 Stat. Pt. 2, p. 1683. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14305 of this title. ------DocID 53335 Document 236 of 963------ -CITE- 46 USC CHAPTER 85 -EXPCITE- TITLE 46 Part F CHAPTER 85 -HEAD- CHAPTER 85 - PILOTS -MISC1- Sec. 8501. State regulation of pilots. 8502. Federal pilots required. 8503. Federal pilots authorized. HISTORICAL AND REVISION NOTES Chapter 85 provides for State pilotage to be regulated by the States and only in conformity with the laws of the States. It clearly spells out the preeminence of the State's role in regulating pilots for vessels operating on the bays, rivers, harbors, and ports of the United States. However, those vessels that are required to have a Federally licensed pilot, those that operate on waters outside the territorial sea of the United States, and those that operate on waters of the Great Lakes are not subject to State pilotage laws or requirements. In essence this chapter, with minor changes, confirms the State and Federal relationship with respect to pilotage that has evolved since the founding of the Nation. This chapter permits the continuation of Federal pilotage requirements for vessels that are not required to obtain compulsory State pilotage. It confirms the practice of allowing anyone with a Federal pilotage endorsement for the waters in which the vessel is operating to be in control of a vessel when engaged in the coastwide trade. It also confirms the practice of using Federal pilots that are often organized into groups or working organizations who offer their expertise and services to vessels that are not required to obtain compulsory State pilotage. AMENDMENTS 1984 - Pub. L. 98-557, Sec. 29(f)(3)(B), Oct. 30, 1984, 98 Stat. 2874, added item 8503. ------DocID 53336 Document 237 of 963------ -CITE- 46 USC Sec. 8501 -EXPCITE- TITLE 46 Part F CHAPTER 85 -HEAD- Sec. 8501. State regulation of pilots -STATUTE- (a) Except as otherwise provided in this subtitle, pilots in the bays, rivers, harbors, and ports of the United States shall be regulated only in conformity with the laws of the States. (b) The master of a vessel entering or leaving a port on waters that are a boundary between 2 States, and that is required to have a pilot under this section, may employ a pilot licensed or authorized by the laws of either of the 2 States. (c) A State may not adopt a regulation or provision that discriminates in the rate of pilotage or half-pilotage between vessels sailing between the ports of one State and vessels sailing between the ports of different States, or against vessels because of their means of propulsion, or against public vessels of the United States. (d) A State may not adopt a regulation or provision that requires a coastwise vessel to take a pilot licensed or authorized by the laws of a State if the vessel - (1) is propelled by machinery and subject to inspection under part B of this subtitle; or (2) is subject to inspection under chapter 37 of this title. (e) Any regulation or provision violating this section is void. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 553; Pub. L. 98-557, Sec. 29(e), Oct. 30, 1984, 98 Stat. 2874.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 8501(a) 46:211 8501(b) 46:212 8501(c), (e) 46:213 8501(d) 46:215 ------------------------------- Section 8501 establishes the general proposition that the States regulate pilots in the bays, rivers, harbors, and ports of the United States, unless otherwise specifically provided by law. Subsection (a) states this general proposition and uses the word 'only' for emphasis on this point. Further, except as specifically provided in law, the Committee intends that this chapter not be construed to annul or affect any regulation established by the laws of a State requiring a vessel entering or leaving a port in that State to employ a pilot licensed or authorized by the laws of that State. In at least two places in current law, this general proposition is stated in both a positive and negative manner. The Committee intends to consolidate those separate statements into one provision to avoid ambiguity and redundancy. Subsections (b) and (c) contain provisions regarding pilotage in waters between two States. Subsection (d) prohibits a State from requiring a State licensed pilot on certain coastwise vessels. Subsection (e) voids any regulation or provision violating this section. AMENDMENTS 1984 - Subsec. (a). Pub. L. 98-557 substituted 'subtitle' for 'part'. ------DocID 53337 Document 238 of 963------ -CITE- 46 USC Sec. 8502 -EXPCITE- TITLE 46 Part F CHAPTER 85 -HEAD- Sec. 8502. Federal pilots required -STATUTE- (a) Except as provided in subsections (g) and (i) of this section, a coastwise seagoing vessel shall be under the direction and control of a pilot licensed under section 7101 of this title if the vessel is - (1) not sailing on register; (2) underway; (3) not on the high seas; and (4)(A) propelled by machinery and subject to inspection under part B of this subtitle; or (B) subject to inspection under chapter 37 of this title. (b) The fees charged for pilotage by pilots required under this section may not be more than the customary or legally established rates in the States in which the pilotage is performed. (c) A State or political subdivision of a State may not impose on a pilot licensed under this subtitle an obligation to procure a State or other license, or adopt any other regulation that will impede the pilot in the performance of the pilot's duties under the laws of the United States. (d) A State or political subdivision of a State may not levy pilot charges on a vessel lawfully piloted by a pilot required under this section. (e) The owner, charterer, managing operator, agent, master, or individual in charge of a vessel operated in violation of this section or a regulation prescribed under this section is liable to the United States Government for a civil penalty of $10,000. The vessel also is liable in rem for the penalty. (f) An individual serving as a pilot without having a license required by this section or a regulation prescribed under this section is liable to the Government for a civil penalty of $10,000. (g)(1) The Secretary shall designate by regulation the areas of the approaches to and waters of Prince William Sound, Alaska, if any, on which a vessel subject to this section is not required to be under the direction and control of a pilot licensed under section 7101 of this title. (2) In any area of Prince William Sound, Alaska, where a vessel subject to this section is required to be under the direction and control of a pilot licensed under section 7101 of this title, the pilot may not be a member of the crew of that vessel and shall be a pilot licensed by the State of Alaska who is operating under a Federal license, when the vessel is navigating waters between 60 49 North latitude and the Port of Valdez, Alaska. (h) The Secretary shall designate waters on which tankers over 1,600 gross tons subject to this section shall have on the bridge a master or mate licensed to direct and control the vessel under section 7101(c)(1) of this title who is separate and distinct from the pilot required under subsection (a) of this section. (i)(1) Except as provided in paragraph (2), a dredge to which this section would otherwise apply is exempt from the requirements of this section. (2) If the Secretary determines, after notice and comment, that the exemption under paragraph (1) creates a hazard to navigational safety in a specified area, the Secretary may require that a dredge exempted by paragraph (1) which is operating in that area shall comply with this section. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 553; Pub. L. 98-557, Sec. 29(f)(1), (2), Oct. 30, 1984, 98 Stat. 2874; Pub. L. 99-307, Sec. 1(13), May 19, 1986, 100 Stat. 446; Pub. L. 101-380, title IV, Sec. 4116(a), (b), 4302(g), Aug. 18, 1990, 104 Stat. 522, 539; Pub. L. 101-595, title III, Sec. 307, Nov. 16, 1990, 104 Stat. 2985.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 8502 46:215 46:364 46:391a 46:497 ------------------------------- Section 8502 sets forth the provisions and requirements for pilots licensed under section 7101. It is an exception provided by law envisioned under section 8501(a). Subsection (a) applies the requirement for a Federal pilot to coastwise seagoing vessels if propelled by machinery and inspected under part B or if inspected under chapter 37, including a tank barge. The section has been carefully worded to clearly set out those vessels that are required at times to have a Federal pilot. Subsection (b) prohibits Federal pilot fees from being higher than those required for State pilots. Subsections (c) and (d) prohibit States from imposing impediments to the proper performance of, or levying charges related to, Federal pilotage. Subsections (e) and (f) prescribe civil penalties for violation of this section. AMENDMENTS 1990 - Subsec. (a). Pub. L. 101-595, Sec. 307(1), substituted 'subsections (g) and (i)' for 'subsection (g)' in introductory provisions. Subsecs. (e), (f). Pub. L. 101-380, Sec. 4302(g), substituted '$10,000' for '$500'. Subsec. (g). Pub. L. 101-380, Sec. 4116(a), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: 'The Secretary shall designate by regulation the areas of the approaches to and waters of Prince William Sound, Alaska, on which a vessel subject to this section is not required to be under the direction and control of a pilot licensed under section 7101 of this title.' Subsec. (h). Pub. L. 101-380, Sec. 4116(b), added subsec. (h). Subsec. (i). Pub. L. 101-595, Sec. 307(2), added subsec. (i). 1986 - Subsec. (a)(4)(A). Pub. L. 99-307 substituted 'part' for 'Part'. 1984 - Subsec. (a). Pub. L. 98-557, Sec. 29(f)(1), amended subsec. (a) generally, which prior to amendment read as follows: 'A coastwise seagoing vessel, when not sailing on register and when underway (except on the high seas), shall be under the direction and control of a pilot licensed under section 7101 of this title if the vessel is - '(1) propelled by machinery and subject to inspection under part B of this subtitle; or '(2) subject to inspection under chapter 37 of this title.' Subsec. (g). Pub. L. 98-557, Sec. 29(f)(2), added subsec. (g). EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters. ------DocID 53338 Document 239 of 963------ -CITE- 46 USC Sec. 8503 -EXPCITE- TITLE 46 Part F CHAPTER 85 -HEAD- Sec. 8503. Federal pilots authorized -STATUTE- (a) The Secretary may require a pilot licensed under section 7101 of this title on a self-propelled vessel when a pilot is not required by State law and the vessel is - (1) engaged in foreign commerce; and (2) operating on the navigable waters of the United States. (b) A requirement prescribed under subsection (a) of this section is terminated when the State having jurisdiction over the area involved - (1) establishes a requirement for a State licensed pilot; and (2) notifies the Secretary of that fact. (c) For the Saint Lawrence Seaway, the Secretary may not delegate the authority under this section to an agency except the Saint Lawrence Seaway Development Corporation. (d) A person violating this section or a regulation prescribed under this section is liable to the United States Government for a civil penalty of not more than $25,000. Each day of a continuing violation is a separate violation. The vessel also is liable in rem for the penalty. (e) A person that knowingly violates this section or a regulation prescribed under this section commits a class D felony. -SOURCE- (Added Pub. L. 98-557, Sec. 29(f)(3)(A), Oct. 30, 1984, 98 Stat. 2874, and amended Pub. L. 101-380, title IV, Sec. 4302(h), Aug. 18, 1990, 104 Stat. 539.) -MISC1- AMENDMENTS 1990 - Subsec. (e). Pub. L. 101-380 substituted 'commits a class D felony' for 'shall be fined not more than $50,000, imprisoned for not more than five years, or both'. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters. ------DocID 53339 Document 240 of 963------ -CITE- 46 USC CHAPTER 87 -EXPCITE- TITLE 46 Part F CHAPTER 87 -HEAD- CHAPTER 87 - UNLICENSED PERSONNEL -MISC1- Sec. 8701. Merchant mariners' documents required. 8702. Certain crew requirements. 8703. Tankermen on tank vessels. 8704. Alien deemed to be employed in the United States. HISTORICAL AND REVISION NOTES Chapter 87 prescribes certain requirements for unlicensed personnel on vessels of at least 100 gross tons and on certain tank vessels. AMENDMENTS 1988 - Pub. L. 100-239, Sec. 5(f)(2), Jan. 11, 1988, 101 Stat. 1781, added item 8704. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 2102 of this title. ------DocID 53340 Document 241 of 963------ -CITE- 46 USC Sec. 8701 -EXPCITE- TITLE 46 Part F CHAPTER 87 -HEAD- Sec. 8701. Merchant mariners' documents required -STATUTE- (a) This section applies to a merchant vessel of at least 100 gross tons except - (1) a vessel operating only on rivers and lakes (except the Great Lakes); (2) a barge (except a seagoing barge or a barge to which chapter 37 of this title applies); (3) a fishing, fish tender, or whaling vessel or a yacht; (4) a sailing school vessel with respect to sailing school instructors and sailing school students; (5) an oceanographic research vessel with respect to scientific personnel; (6) a fish processing vessel entered into service before January 1, 1988, and not more than 1,600 gross tons or entered into service after December 31, 1987, and having not more than 16 individuals on board primarily employed in the preparation of fish or fish products; (7) a fish processing vessel (except a vessel to which clause (6) of this subsection applies) with respect to individuals on board primarily employed in the preparation of fish or fish products or in a support position not related to navigation; and (8) a mobile offshore drilling unit with respect to individuals, other than crew members required by the certificate of inspection, engaged on board the unit for the sole purpose of carrying out the industrial business or function of the unit. (b) A person may not engage or employ an individual, and an individual may not serve, on board a vessel to which this section applies if the individual does not have a merchant mariner's document issued to the individual under section 7302 of this title. Except for an individual required to be licensed or registered under this part, the document must authorize service in the capacity for which the holder of the document is engaged or employed. (c) On a vessel to which section 10306 or 10503 of this title does not apply, an individual required by this section to hold a merchant mariner's document must exhibit it to the master of the vessel before the individual may be employed. (d) A person (including an individual) violating this section is liable to the United States Government for a civil penalty of $500. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 554; Pub. L. 98-364, title IV, Sec. 402(12)(A), July 17, 1984, 98 Stat. 449; Pub. L. 99-640, Sec. 11(c), Nov. 10, 1986, 100 Stat. 3550.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 8701 46:444 46:643 46:643a 46:672 ------------------------------- Section 8701 requires an individual to have a merchant mariner's document before that individual can be engaged or employed on certain vessels. Subsection (a) makes this documentation requirement applicable to United States merchant vessels of at least 100 gross tons except for certain inland vessels and barges, fishing or whaling vessels, yachts, and, in certain circumstances, to sailing school vessels or oceanographic research vessels. Subsection (b) prohibits the engagement or employment of an individual required to have a document prescribed under section 7302 if the individual does not have one. Except for licensed or registered individuals, the document must specify the capacity in which the individual is engaged or employed. Subsection (c) requires an individual to exhibit the required document to the master, if not otherwise required to do so in some other manner before that individual may be employed. Subsection (d) prescribes the penalty for violation of this section. AMENDMENTS 1986 - Subsec. (a)(8). Pub. L. 99-640 added par. (8). 1984 - Subsec. (a)(3). Pub. L. 98-364, Sec. 402(12)(A)(i), substituted 'fishing, fish tender, or whaling' for 'fishing or whaling'. Subsec. (a)(6), (7). Pub. L. 98-364, Sec. 402(12)(A)(ii)- (iv), added pars. (6) and (7). -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 10103, 10306, 10503 of this title. ------DocID 53341 Document 242 of 963------ -CITE- 46 USC Sec. 8702 -EXPCITE- TITLE 46 Part F CHAPTER 87 -HEAD- Sec. 8702. Certain crew requirements -STATUTE- (a) This section applies to a vessel of at least 100 gross tons except - (1) a vessel operating only on rivers and lakes (except the Great Lakes); (2) a barge (except a seagoing barge or a barge to which chapter 37 of this title applies); (3) a fishing, fish tender, or whaling vessel (except a fish tender vessel engaged in the Aleutian trade) or a yacht; (4) a sailing school vessel with respect to sailing school instructors and sailing school students; (5) an oceanographic research vessel with respect to scientific personnel; (6) a fish processing vessel entered into service before January 1, 1988, and not more than 1,600 gross tons or entered into service after December 31, 1987, and having not more than 16 individuals on board primarily employed in the preparation of fish or fish products; and (7) a fish processing vessel (except a vessel to which clause (6) of this subsection applies) with respect to individuals on board primarily employed in the preparation of fish or fish products or in a support position not related to navigation. (b) A vessel may operate only if at least - (1) 75 percent of the crew in each department on board is able to understand any order spoken by the officers, and (2) 65 percent of the deck crew (excluding licensed individuals) have merchant mariners' documents endorsed for a rating of at least able seaman, except that this percentage may be reduced to 50 percent - (i) on a vessel permitted under section 8104 of this title to maintain a 2-watch system; or (ii) on a fish tender vessel engaged in the Aleutian trade. (c) An able seaman is not required on a towing vessel operating on bays and sounds connected directly with the seas. (d) An individual having a rating of less than able seaman may not be permitted at the wheel in ports, harbors, and other waters subject to congested vessel traffic, or under conditions of reduced visibility, adverse weather, or other hazardous circumstances. (e) The owner, charterer, managing operator, agent, master, or individual in charge of a vessel operated in violation of this section or a regulation prescribed under this section is liable to the United States Government for a civil penalty of $10,000. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 554; Pub. L. 98-364, title IV, Sec. 402(12)(B), July 17, 1984, 98 Stat. 449; Pub. L. 100-239, Sec. 5(e), Jan. 11, 1988, 101 Stat. 1781; Pub. L. 101-380, title IV, Sec. 4302(i), Aug. 18, 1990, 104 Stat. 539; Pub. L. 101-595, title VI, Sec. 602(e)(2), Nov. 16, 1990, 104 Stat. 2992.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 8702 46:643 46:672 ------------------------------- Section 8702 specifies certain crew requirements. Subsection (a) applies this section to the same vessels to which section 8701 applies. Subsection (b) requires that 75 percent of the crew in each department on board a vessel understand any order spoken by the officers and that 65 percent of the deck crew be at least able seamen, except for the licensed officers. For 2-watch system vessels under section 8104, the 65-percent deck crew requirement may be reduced to 50 percent. Subsection (c) exempts certain inland towing vessels from the able seaman requirement. Subsection (d) prohibits anyone having a rating of less than able seamen from serving as a helmsman in congested vessel traffic or under hazardous conditions. Subsection (e) prescribes the penalty for violation of this section. AMENDMENTS 1990 - Subsec. (a)(3). Pub. L. 101-595, Sec. 602(e)(2)(A), substituted 'vessel (except a fish tender vessel engaged in the Aleutian trade)' for 'vessel'. Subsec. (b)(2). Pub. L. 101-595, Sec. 602(e)(2)(B), inserted provisions authorizing reduction to 50 percent of the deck crew in the case of a fish tender vessel engaged in the Aleutian trade. Subsec. (e). Pub. L. 101-380 substituted '$10,000' for '$500'. 1988 - Subsec. (b). Pub. L. 100-239 substituted 'operate' for 'depart from a port of the United States'. 1984 - Subsec. (a)(3). Pub. L. 98-364, Sec. 402(12)(B)(i), substituted 'fishing, fish tender, or whaling' for 'fishing or whaling'. Subsec. (a)(6), (7). Pub. L. 98-364, Sec. 402(12)(B)(ii)- (iv), added pars. (6) and (7). EFFECTIVE DATE OF 1990 AMENDMENTS Amendment by section 602(e)(2)(A) of Pub. L. 101-595 effective Nov. 16, 1990, and requirements imposed by subsec. (b)(2), as amended by section 602(e)(2)(B) of Pub. L. 101-595, effective 1 year after Nov. 16, 1990, see section 602(f) of Pub. L. 101-595, set out as a note under section 4502 of this title. Amendment by Pub. L. 101-380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters. EXEMPTION OF CERTAIN FISH PROCESSING VESSELS Certain fish processing vessels exempt from crew requirements of subsec. (b) of this section, see section 403(b) of Pub. L. 98-364, as amended, set out as a note under section 3302 of this title. ------DocID 53342 Document 243 of 963------ -CITE- 46 USC Sec. 8703 -EXPCITE- TITLE 46 Part F CHAPTER 87 -HEAD- Sec. 8703. Tankermen on tank vessels -STATUTE- (a) A vessel of the United States to which chapter 37 of this title applies, that has on board oil or hazardous material in bulk as cargo or cargo residue, shall have a specified number of the crew certified as tankermen as required by the Secretary. This requirement shall be noted on the certificate of inspection issued to the vessel. ((b) Repealed. Pub. L. 98-557, Sec. 18, Oct. 30, 1984, 98 Stat. 2869.) (c) A vessel to which section 3702(b) of this title applies shall have on board as a crewmember in charge of the transfer operation an individual certified as a tankerman (qualified for the grade of fuel transferred), unless a master, mate, pilot, engineer, or operator licensed under section 7101 of this title is present in charge of the transfer. If the vessel does not have that individual on board, chapter 37 of this title applies to the vessel. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 555; Pub. L. 98-557, Sec. 18, Oct. 30, 1984, 98 Stat. 2869.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 8703(a) 46:391a(10)(A) 8703(b) 46:391a(10)(C) 8703(c) 46:391a(4)(B) ------------------------------- Section 8703 sets requirements for tankermen on board vessels carrying oil or hazardous material in bulk as cargo or cargo residue. Subsection (a) requires a specified number of the crew certified as tankermen on board these vessels and a notation be made to that effect on the vessel's certificate of inspection. A tankerman is an individual who is experienced and trained in the procedures for transferring oil or hazardous material to or from a vessel and is responsible for carrying out these duties and responsibilities. Subsection (b) authorizes the Secretary to regulate tankermen and restrict the types of oil or hazardous materials on the basis of safety to the vessel and the marine environment. Subsection (c) requires a tankerman or licensed master, pilot, engineer, or operator to be present and in charge of a transfer of oil or hazardous material on certain vessels in the service of oil exploitation. If this individual is not on board, then the tank vessel requirements of chapter 37 apply to the vessel. AMENDMENTS 1984 - Subsec. (b). Pub. L. 98-557 repealed subsec. (b) which contained duplicate tankerman manning requirements. See section 7317(a) of this title. ------DocID 53343 Document 244 of 963------ -CITE- 46 USC Sec. 8704 -EXPCITE- TITLE 46 Part F CHAPTER 87 -HEAD- Sec. 8704. Alien deemed to be employed in the United States -STATUTE- An alien is deemed to be employed in the United States for purposes of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) if the alien is an unlicensed individual employed on a fishing, fish processing, or fish tender vessel that - (1) is a vessel of the United States engaged in the fisheries in the navigable waters of the United States or the exclusive economic zone; and (2) is not engaged in fishing exclusively for highly migratory species (as that term is defined in section 3 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1802). -SOURCE- (Added Pub. L. 100-239, Sec. 5(f)(1), Jan. 11, 1988, 101 Stat. 1781.) -MISC1- CONSTRUCTION Section 5(f)(3) of Pub. L. 100-239 provided that: 'With respect to an alien who is deemed to be employed in the United States under section 8704 of title 46, United States Code (as amended by this subsection), the term 'date of the enactment of this section' (translated as 'November 6, 1986') as used in section 274A(i) of the Immigration and Nationality Act (8 U.S.C. 1324a(i)) means the date 180 days after the enactment of this section (Jan. 11, 1988).' ------DocID 53344 Document 245 of 963------ -CITE- 46 USC CHAPTER 89 -EXPCITE- TITLE 46 Part F CHAPTER 89 -HEAD- CHAPTER 89 - SMALL VESSEL MANNING -MISC1- Sec. 8901. Freight vessels. 8902. Small passenger vessels. 8903. Self-propelled, uninspected passenger vessels. 8904. Towing vessels. 8905. Exemptions. 8906. Penalty. HISTORICAL AND REVISION NOTES Chapter 89 provides for the manning of freight vessels, small passenger vessels, uninspected passenger vessels, and towing vessels. It permits a licensed operator to be in charge of a vessel in lieu of a licensed master or pilot. It also sets forth exemption and civil penalties. AMENDMENTS 1986 - Pub. L. 99-307, Sec. 1(14)(A), May 19, 1986, 100 Stat. 446, substituted 'Self-propelled, uninspected' for 'Uninspected' in item 8903. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 4302, 8301 of this title. ------DocID 53345 Document 246 of 963------ -CITE- 46 USC Sec. 8901 -EXPCITE- TITLE 46 Part F CHAPTER 89 -HEAD- Sec. 8901. Freight vessels -STATUTE- A freight vessel of less than 100 gross tons shall be operated by an individual licensed by the Secretary to operate that type of vessel in the particular geographic area, under prescribed regulations. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 555.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 8901 46:390b ------------------------------- Section 8901 requires that a freight vessel of less than 100 gross tons be operated by a licensed individual for that type vessel and for a particular geographic area. ------DocID 53346 Document 247 of 963------ -CITE- 46 USC Sec. 8902 -EXPCITE- TITLE 46 Part F CHAPTER 89 -HEAD- Sec. 8902. Small passenger vessels -STATUTE- A small passenger vessel shall be operated by an individual licensed by the Secretary to operate that type of vessel in the particular geographic area, under prescribed regulations. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 555.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 8902 46:390b ------------------------------- Section 8902 requires that a small passenger vessel of less than 100 gross tons be operated by a licensed individual for that type vessel and for a particular geographic area. ------DocID 53347 Document 248 of 963------ -CITE- 46 USC Sec. 8903 -EXPCITE- TITLE 46 Part F CHAPTER 89 -HEAD- Sec. 8903. Self-propelled, uninspected passenger vessels -STATUTE- A self-propelled, uninspected passenger vessel shall be operated by an individual licensed by the Secretary to operate that type of vessel, under prescribed regulations. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 555; Pub. L. 99-307, Sec. 1(14)(B), (C), May 19, 1986, 100 Stat. 446.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 8903 46:1461(e), (f) ------------------------------- Section 8903 requires that an uninspected passenger vessel be operated by a licensed individual for that type of vessel. AMENDMENTS 1986 - Pub. L. 99-307 substituted 'Self-propelled, uninspected' for 'Uninspected' in section catchline and 'A self-propelled,' for 'An' in text. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 4302, 8905 of this title. ------DocID 53348 Document 249 of 963------ -CITE- 46 USC Sec. 8904 -EXPCITE- TITLE 46 Part F CHAPTER 89 -HEAD- Sec. 8904. Towing vessels -STATUTE- (a) A towing vessel that is at least 26 feet in length measured from end to end over the deck (excluding sheer), shall be operated by an individual licensed by the Secretary to operate that type of vessel in the particular geographic area, under prescribed regulations. (b) A vessel that tows a disabled vessel for consideration shall be operated by an individual licensed by the Secretary to operate that type of vessel in the particular geographic area, under prescribed regulations. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 555; Pub. L. 99-640, Sec. 12(a), Nov. 10, 1986, 100 Stat. 3550.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 8904 46:405(b)(2) ------------------------------- Section 8904 requires that a 26-foot or larger towing vessel be operated by a licensed individual for that type of vessel and for a particular geographic area. AMENDMENTS 1986 - Pub. L. 99-640 designated existing provisions as subsec. (a) and added subsec. (b). EFFECTIVE DATE OF 1986 AMENDMENT Section 12(b) of Pub. L. 99-640 provided that: 'The amendments made by subsection (a) of this section (amending this section) shall take effect on January 1, 1988.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 8104, 8905 of this title; title 14 section 88. ------DocID 53349 Document 250 of 963------ -CITE- 46 USC Sec. 8905 -EXPCITE- TITLE 46 Part F CHAPTER 89 -HEAD- Sec. 8905. Exemptions -STATUTE- (a) Section 8903 of this title applies to a recreational vessel operated in dealer demonstrations only if the Secretary decides that the application of section 8903 is necessary for recreational vessel safety under section 4302(d) of this title. (b) Section 8904 of this title does not apply to a vessel of less than 200 gross tons engaged in the offshore mineral and oil industry if the vessel has offshore mineral and oil industry sites or equipment as its ultimate destination or place of departure. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 556.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 8905(a) 46:1461(f) 8905(b) 46:405(b)(3) ------------------------------- Section 8905 provides for certain exemptions from the requirements of this chapter. Subsection (a) exempts dealer demonstration recreational vessels from the licensed operator requirement in section 8903 unless the Secretary decides that safety considerations require the application of that section. Subsection (b) exempts an offshore supply vessel of less than 200 gross tons from the licensed operator requirement under section 8904 when used in the offshore mineral and oil industry. ------DocID 53350 Document 251 of 963------ -CITE- 46 USC Sec. 8906 -EXPCITE- TITLE 46 Part F CHAPTER 89 -HEAD- Sec. 8906. Penalty -STATUTE- An owner, charterer, managing operator, agent, master, or individual in charge of a vessel operated in violation of this chapter or a regulation prescribed under this chapter is liable to the United States Government for a civil penalty of $1,000. The vessel also is liable in rem for the penalty. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 556.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 8906 46:390d ------------------------------- Section 8906 prescribes the penalties for violations of this chapter. ------DocID 53351 Document 252 of 963------ -CITE- 46 USC CHAPTER 91 -EXPCITE- TITLE 46 Part F CHAPTER 91 -HEAD- CHAPTER 91 - TANK VESSEL MANNING STANDARDS -MISC1- Sec. 9101. Standards for foreign tank vessels. 9102. Standards for tank vessels of the United States. HISTORICAL AND REVISION NOTES Chapter 91 prescribes manning standards for certain foreign and United States tank vessels carrying oil or hazardous materials. ------DocID 53352 Document 253 of 963------ -CITE- 46 USC Sec. 9101 -EXPCITE- TITLE 46 Part F CHAPTER 91 -HEAD- Sec. 9101. Standards for foreign tank vessels -STATUTE- (a)(1) The Secretary shall evaluate the manning, training, qualification, and watchkeeping standards of a foreign country that issues documentation for any vessel to which chapter 37 of this title applies - (A) on a periodic basis; and (B) when the vessel is involved in a marine casualty required to be reported under section 6101(a)(4) or (5) of this title. (2) After each evaluation made under paragraph (1) of this subsection, the Secretary shall determine whether - (A) the foreign country has standards for licensing and certification of seamen that are at least equivalent to United States law or international standards accepted by the United States; and (B) those standards are being enforced. (3) If the Secretary determines under this subsection that a country has failed to maintain or enforce standards at least equivalent to United States law or international standards accepted by the United States, the Secretary shall prohibit vessels issued documentation by that country from entering the United States until the Secretary determines those standards have been established and are being enforced. (4) The Secretary may allow provisional entry of a vessel prohibited from entering the United States under paragraph (3) of this subsection if - (A) the owner or operator of the vessel establishes, to the satisfaction of the Secretary, that the vessel is not unsafe or a threat to the marine environment; or (B) the entry is necessary for the safety of the vessel or individuals on the vessel. (b) A foreign vessel to which chapter 37 of this title applies that has on board oil or hazardous material in bulk as cargo or cargo residue shall have a specified number of personnel certified as tankerman or equivalent, as required by the Secretary, when the vessel transfers oil or hazardous material in a port or place subject to the jurisdiction of the United States. The requirement of this subsection shall be noted in applicable terminal operating procedures. A transfer operation may take place only if the crewmember in charge is capable of clearly understanding instructions in English. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 556; Pub. L. 101-380, title IV, Sec. 4106(a), Aug. 18, 1990, 104 Stat. 513.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 9101(a) 46:391a(11) 9101(b) 46:391a(10)(B) ------------------------------- Section 9101 requires monitoring of manning standards for foreign tank vessels operating on the navigable waters of the United States and transferring oil or hazardous material in the United States. Subsection (a) requires the Secretary of Transportation to evaluate the manning, training, qualification, and watchkeeping standards of foreign countries whose tank vessels operate on United States waters, or use transfer facilities, and to decide if the standards are equivalent or more stringent than United States standards. Subsection (b) authorizes the Secretary to specify the number of tankermen required on a foreign tank vessel and to have certified tankermen who can understand English when transferring oil or hazardous material in the United States. This requirement is to be made part of the terminal operating procedures. AMENDMENTS 1990 - Subsec. (a). Pub. L. 101-380 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: 'The Secretary shall - '(1) periodically evaluate the manning, training, qualification, and watchkeeping standards prescribed by the certificating country of a foreign vessel to which chapter 37 of this title applies, that operates on the navigable waters of the United States and transfers oil or hazardous material in a port or place under the jurisdiction of the United States; and '(2) after each evaluation made under clause (1) of this subsection, decide whether the foreign country, whose system for licensing and certification of seamen was evaluated, has standards that are equivalent to or more stringent than United States standards or international standards accepted by the United States.' EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 33 section 1228. ------DocID 53353 Document 254 of 963------ -CITE- 46 USC Sec. 9102 -EXPCITE- TITLE 46 Part F CHAPTER 91 -HEAD- Sec. 9102. Standards for tank vessels of the United States -STATUTE- (a) The Secretary shall prescribe standards for the manning of each vessel of the United States to which chapter 37 of this title applies, related to the duties, qualifications, and training of the officers and crew of the vessel, including standards related to - (1) instruction in vessel and cargo handling and vessel navigation under normal operating conditions in coastal and confined waters and on the high seas; (2) instruction in vessel and cargo handling and vessel navigation in emergency situations and under marine casualty or potential casualty conditions; (3) qualifications for licenses by specific type and size of vessels; (4) qualifications for licenses by use of simulators for the practice or demonstration of marine-oriented skills; (5) minimum health and physical fitness criteria for various grades of licenses and certificates; (6) periodic retraining and special training for upgrading positions, changing vessel type or size, or assuming new responsibilities; (7) decisions about licenses and certificates, conditions of licensing or certification, and periods of licensing or certification by reference to experience, amount of training completed, and regular performance testing; and (8) instruction in vessel maintenance functions. (b) The Secretary shall waive the application of criteria required by subsection (a)(5) of this section for an individual having a license or certificate (including a renewal of the license or certificate) in effect on October 17, 1978. When the waiver is granted, the Secretary may prescribe conditions for the license or certificate and its renewal, as the Secretary decides are reasonable and necessary for the safety of a vessel on which the individual may be employed. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 556; Pub. L. 101-380, title IV, Sec. 4114(d), Aug. 18, 1990, 104 Stat. 517.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 9102 46:391a(9) ------------------------------- Section 9102 prescribes manning standards for United States tank vessels. Subsection (a) requires the Secretary of Transportation to prescribe certain standards for the duties, qualifications, and training of the officers and crew of United States tank vessels. Subsection (b) provides for a waiver of any health and physical fitness criteria prescribed under subsection (a). AMENDMENTS 1990 - Par. (8). Pub. L. 101-380 added par. (8). EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters. ------DocID 53354 Document 255 of 963------ -CITE- 46 USC CHAPTER 93 -EXPCITE- TITLE 46 Part F CHAPTER 93 -HEAD- CHAPTER 93 - GREAT LAKES PILOTAGE -MISC1- Sec. 9301. Definitions. 9302. Great Lakes pilots required. 9303. United States registered pilot service. 9304. Pilotage pools. 9305. Agreements with Canada. 9306. State regulation prohibited. 9307. Great Lakes Pilotage Advisory Committee. 9308. Penalties. HISTORICAL AND REVISION NOTES Chapter 93 contains the pilotage requirements for United States vessels sailing under register and foreign flag vessels operating on the Great Lakes, qualifications for a registered pilot for the Great Lakes, authority for agreements with Canada, prohibition of State regulation, establishment of an advisory committee, and imposition of civil penalties. ------DocID 53355 Document 256 of 963------ -CITE- 46 USC Sec. 9301 -EXPCITE- TITLE 46 Part F CHAPTER 93 -HEAD- Sec. 9301. Definitions -STATUTE- In this chapter - (1) 'Canadian registered pilot' means an individual (except a regular crewmember of a vessel) who is registered by Canada on the same basis as an individual registered under section 9303 of this title. (2) 'Great Lakes' means Lakes Superior, Michigan, Huron, Erie, and Ontario, their connecting and tributary waters, the Saint Lawrence River as far east as Saint Regis, and adjacent port areas. (3) 'United States registered pilot' means an individual (except a regular crewmember of a vessel) who is registered under section 9303 of this title. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 557.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 9301(1) 46:216(d) 9301(2) 46:216(a) 9301(3) 46:216(c) ------------------------------- Section 9301 contains definitions which pertain to this chapter only. Clause (1) defines 'Canadian registered pilot' as an individual registered as a pilot in Canada on the same basis as the United States. Clause (2) defines 'Great Lakes' as the five lakes plus their connecting and tributary waters, a certain part of the Saint Lawrence River, and adjacent ports. Clause (3) defines 'United States registered pilot' as an individual registered under regulations for competency under section 9303. ------DocID 53356 Document 257 of 963------ -CITE- 46 USC Sec. 9302 -EXPCITE- TITLE 46 Part F CHAPTER 93 -HEAD- Sec. 9302. Great Lakes pilots required -STATUTE- (a)(1) Except as provided in subsections (d) and (e) of this section, each vessel of the United States operating on register and each foreign vessel shall engage a United States or Canadian registered pilot for the route being navigated who shall - (A) in waters of the Great Lakes designated by the President, direct the navigation of the vessel subject to the customary authority of the master; and (B) in waters of the Great Lakes not designated by the President, be on board and available to direct the navigation of the vessel at the discretion of and subject to the customary authority of the master. (2) The President shall make water designations under this subsection with regard to the public interest, the effective use of navigable waters, marine safety, and the foreign relations of the United States. (b) A member of the complement of a vessel of the United States operating on register or of a vessel of Canada may serve as the pilot required on waters not designated by the President if the member is licensed under section 7101 of this title, or under equivalent provisions of Canadian law, to direct the navigation of the vessel on the waters being navigated. (c) The authority extended under subsections (a) and (b) of this section to a Canadian registered pilot or other Canadian licensed officer to serve on certain vessels in United States waters of the Great Lakes shall continue as long as Canada extends reciprocity to United States registered pilots and other individuals licensed by the United States for pilotage service in Canadian waters of the Great Lakes. (d) A vessel may be operated on the United States waters of the Great Lakes without a United States or Canadian registered pilot when - (1) the Secretary notifies the master that a registered pilot is not available; or (2) the vessel or its cargo is in distress or jeopardy. (e) A Canadian vessel regularly operating on the Great Lakes or between ports on the Great Lakes and the Saint Lawrence River, with only an occasional voyage to ports in the maritime provinces of Canada in the Canadian coastal trade, is exempt from subsections (a) and (b) of this section as long as Canada permits enrolled vessels of the United States to be operated on Canadian waters of the Great Lakes under the direction of individuals licensed under section 7101 of this title. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 557; Pub. L. 101-380, title IV, Sec. 4108(a), Aug. 18, 1990, 104 Stat. 514.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 9302(a), (b), (d) 46:216a 9302(c) 46:216f ------------------------------- Section 9302 sets forth the requirements for pilots on the waters of the Great Lakes under the jurisdiction of the United States or Canada. Subsection (a) requires each United States vessel sailing on register and each foreign vessel to engage a United States or Canadian registered pilot who shall direct the navigation of the vessel in designated waters of the Great Lakes or be available to direct the navigation of the vessel in undesignated waters of the Great Lakes. The President must make the designation with regard to public interest, effective use of navigable waters, marine safety, and United States foreign relations. The direction of the vessel by an authorized pilot is subject to the customary authority of the master. Subsection (b) provides that a crewmember licensed for Great Lakes navigation under section 7101 or equivalent Canadian law may serve as the pilot on undesignated waters. Subsection (c) provides for reciprocity of recognizing United States and Canadian pilots. Subsections (d) and (e) are exceptions to subsection (a). Subsection (d) permits operation of a vessel on the Great Lakes without a registered pilot if notice is given that one is not available or if the vessel or cargo is in distress or jeopardy. Subsection (e) exempts a Canadian vessel in the coastwise or Great Lakes trade from the requirement of having a registered pilot if similar United States vessels are extended the same exemption by Canada. AMENDMENTS 1990 - Subsec. (b). Pub. L. 101-380 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: 'An individual of a vessel licensed for navigation on the Great Lakes under section 7101 of this title, or equivalent provisions of Canadian law, and qualified for the route being navigated, may serve as the pilot required on waters not designated by the President.' EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters. -EXEC- PROC. NO. 3385. DESIGNATION OF RESTRICTED WATERS Proc. No. 3385, Dec. 22, 1960, 25 F.R. 13681, as amended by Proc. No. 3855, June 10, 1968, 33 F.R. 8535, provided: WHEREAS, pursuant to section 3(a) of the Great Lakes Pilotage Act of 1960 (Public Law 86-555; 74 Stat. 259) (46 U.S.C. 9302(a)), the President is directed to designate and by proclamation announce those United States waters of the Great Lakes in which registered vessels of the United States and foreign vessels shall be required to have in their service a United States registered pilot or a Canadian registered pilot for the waters concerned; and WHEREAS the aforesaid section 3(a) (46 U.S.C. 9302(a)) provides that these designations shall be made with due regard to the public interest, the effective utilization of navigable waters, marine safety, and the foreign relations of the United States: NOW, THEREFORE, I, DWIGHT D. EISENHOWER, President of the United States of America, acting under and by virtue of the authority vested in me by section 3(a) of the Great Lakes Pilotage Act of 1960 (46 U.S.C. 9302(a)), do hereby designate and proclaim the following areas in which registered vessels of the United States and foreign vessels shall be required to have in their service a United States registered pilot or a Canadian registered pilot for the waters concerned, on and after the effective date of regulations issued by the Secretary of Transportation pursuant to the Act: (1) District 1. All United States waters of the St. Lawrence River between the international boundary at St. Regis and a line at the head of the river running (at approximately 127 true) between Carruthers Point Light and South Side Light extended to the New York shore. (2) District 2. All United States waters of Lake Erie westward of a line running (at approximately 026 true) from Sandusky Pierhead Light at Cedar Point to Southeast Shoal Light; all waters contained within the arc of a circle of one mile radius eastward of Sandusky Pierhead Light; the Detroit River; Lake St. Clair; the St. Clair River, and northern approaches thereto south of latitude 43 05 30 N. (3) District 3. All United States waters of the St. Marys River, Sault Sainte Marie Locks and approaches thereto between latitude 45 59 N. at the southern approach and longitude 84 33 W. at the northern approach. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed. DONE at the City of Washington this twenty-second day of December in the year of our Lord nineteen hundred and sixty, and of the Independence of the United States of America the one hundred and eighty-fifth. (seal) Dwight D. Eisenhower. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 9308 of this title. ------DocID 53357 Document 258 of 963------ -CITE- 46 USC Sec. 9303 -EXPCITE- TITLE 46 Part F CHAPTER 93 -HEAD- Sec. 9303. United States registered pilot service -STATUTE- (a) The Secretary shall prescribe by regulation standards of competency to be met by each applicant for registration under this chapter. An applicant must - (1) have a license as master, mate, or pilot issued under section 7101 of this title; (2) have acquired at least 24 months licensed service or equivalent experience on vessels or integrated towing vessels and tows of at least 4,000 gross tons, operating on the Great Lakes or oceans, with a minimum of 6 months of that service or experience having been on the Great Lakes; and (3) agree that, if appointed as a United States registered pilot, the applicant will be available for service when required. (b) The Secretary shall issue to each registered pilot under this chapter a certificate of registration describing the areas within which the pilot may serve. The pilot shall carry the certificate when in the service of a vessel. (c) The Secretary shall prescribe by regulation the duration of validity of registration. (d) The Secretary may prescribe by regulation the conditions for service by United States registered pilots, including availability for service. (e) Subject to sections 551-559 of title 5, the Secretary may suspend or revoke a certificate of registration issued under this section if the holder fails to comply with a regulation prescribed under this chapter. Suspension or revocation of the holder's license under chapter 77 of this title includes the holder's certificate of registration. (f) The Secretary shall prescribe by regulation rates and charges for pilotage services, giving consideration to the public interest and the costs of providing the services. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 558.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 9303(a) 46:216b(a) 9303(b) 46:216b(b) 9303(c) 46:216b(c) 9303(e) 46:216b(c) 9303(f) 46:216c ------------------------------- Section 9303 authorizes the Secretary to prescribe regulatory standards of competency for registered pilots. Subsection (a) requires an applicant for registration as a pilot to have a master's, mate's, or pilot's license, 24 months of licensed service, or equivalent, on vessels on the oceans or Great Lakes, with a minimum of 6 months on the Great Lakes, and agree to be available for service as a United States registered pilot if appointed. Subsection (b) requires the Secretary to issue a certificate of registration describing the areas of service of a registered pilot who must carry the certificate when in a vessel's service. Subsection (c) authorizes the Secretary to prescribe the duration of the validity of registration, while subsection (d) authorizes the Secretary to prescribe conditions for service by United States registered pilots. Subsection (e) provides for the suspension or revocation of a certificate or registration by the Secretary. Subsection (f) provides for setting the rates and charges for pilotage services. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 9301, 9308 of this title; title 49 App. section 1903. ------DocID 53358 Document 259 of 963------ -CITE- 46 USC Sec. 9304 -EXPCITE- TITLE 46 Part F CHAPTER 93 -HEAD- Sec. 9304. Pilotage pools -STATUTE- (a) The Secretary may authorize the formation of a pool by a voluntary association of United States registered pilots to provide for efficient dispatching of vessels and rendering of pilotage services. (b) For pilotage pools, the Secretary may - (1) limit the number of the pools; (2) prescribe regulations for their operation and administration; (3) prescribe a uniform system of accounts; (4) perform audits and inspections; and (5) require coordination on a reciprocal basis with similar pool arrangements authorized by the appropriate agency of Canada. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 559.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 9304 46:216b(e) ------------------------------- Section 9304 provides for the formation of a pool by a voluntary association of United States registered pilots to provide for efficient pilotage services. Subsection (a) permits the Secretary to authorize formation of United States pilotage pools. Subsection (b) sets forth the restrictions and conditions that the Secretary may prescribe for these pools. ------DocID 53359 Document 260 of 963------ -CITE- 46 USC Sec. 9305 -EXPCITE- TITLE 46 Part F CHAPTER 93 -HEAD- Sec. 9305. Agreements with Canada -STATUTE- To provide for a coordinated system of pilotage service on the Great Lakes, the Secretary, subject to the concurrence of the Secretary of State, may make agreements with the appropriate agency of Canada to - (1) fix the number of pilots to be registered in each country; (2) provide for participation on an equitable basis; (3) prescribe joint or identical rates and charges; (4) coordinate pool operations; and (5) establish conditions for services by registered pilots. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 559.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 9305 46:216b(d) 46:216d ------------------------------- Section 9305 authorizes the Secretary of Transportation, subject to the concurrence of the Secretary of State, to make agreements with Canada for a coordinated system of pilotage service on the Great Lakes. The agreements may fix the number of registered pilots, provide for equitable participation, prescribe rates and charges, coordinate pool operations, and establish conditions for service. ------DocID 53360 Document 261 of 963------ -CITE- 46 USC Sec. 9306 -EXPCITE- TITLE 46 Part F CHAPTER 93 -HEAD- Sec. 9306. State regulation prohibited -STATUTE- A State or political subdivision of a State may not regulate or impose any requirement on pilotage on the Great Lakes. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 559.) -MISC1- Historical and Revision Notes --------------------------------------------------------------------- Revised section Source section (U.S. Code) --------------------------------------------------------------------- 9306 46:216g ------------------------------- Section 9306 prohibits State or local regulations of pilotage on the Great Lakes and is part of the exception provided by law envisioned under section 8501(a). ------DocID 53361 Document 262 of 963------ -CITE- 46 USC Sec. 9307 -EXPCITE- TITLE 46 Part F CHAPTER 93 -HEAD- Sec. 9307. Great Lakes Pilotage Advisory Committee -STATUTE- (a) The Secretary may establish a Great Lakes Pilotage Advisory Committee. The Committee - (1) may review proposed Great Lakes pilotage regulations and policies and make recommendations to the Secretary that the Committee considers appropriate; (2) may make available to Congress recommendations that the Committee makes to the Secretary; and (3) shall meet at the call of the Secretary. (b) The Committee shall consist of 3 members appointed by the Secretary each of whom has at least 5 years practical experience in maritime operations. The term of each member is for a period of not more than 5 years, specified by the Secretary. Before filling a position on the Committee, the Secretary shall publish a notice in the Federal Register soliciting nominations for membership on the Committee. (c) When attending meetings or otherwise serving at the request of the Secretary, a member of the Committee (except a member regularly employed by the United States Government) may be paid at a rate of not more than $75 a day. When serving away from home or regular place of business, the member may be allowed travel expenses, including per diem in lieu of subsistence as authorized by section 5703 of title 5 for individuals employed intermittently in the Government service. -SOURCE- (Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 559.) -MISC1-