Shipping - 46 USC Section 2101

01/19/04

Sec. 2101. General definitions

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).(!1)
(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.
(5a) "consideration" means an economic benefit, inducement,
right, or profit including pecuniary payment accruing to an
individual, person, or entity, but not including a voluntary
sharing of the actual expenses of the voyage, by monetary
contribution or donation of fuel, food, beverage, or other
supplies.
(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 (!2) and Control Act
of 1970 (21 U.S.C. 802)).
(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 as measured under section 14502 of this title, or an
alternate tonnage measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this title
that carries freight for hire, except an oceanographic research
vessel or an offshore supply vessel.
(13a) "Great Lakes barge" means a non-self-propelled vessel of
at least 3,500 gross tons as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104 of
this title operating on the Great Lakes.
(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 5103(a) of
title 49;
(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 558 of title 40.
(17a) "navigable waters of the United States" includes all
waters of the territorial sea of the United States as described
in Presidential Proclamation No. 5928 of December 27, 1988.
(17b) "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 as measured under
section 14502 of this title, or an alternate tonnage measured
under section 14302 of this title as prescribed by the Secretary
under section 14104 of this title that regularly carries goods,
supplies, individuals in addition to the crew, or equipment in
support of exploration, exploitation, or production of offshore
mineral or energy resources.
(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) "oil spill response vessel" means a vessel that is
designated in its certificate of inspection as such a vessel, or
that is adapted to respond to a discharge of oil or a hazardous
material.
(20b) "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) means an individual carried on the vessel except -
(i) the owner or an individual representative of the owner
or, in the case of a vessel under charter, an individual
charterer or individual representative of the charterer;
(ii) the master; or
(iii) a member of the crew engaged in the business of the
vessel who has not contributed consideration for carriage and
who is paid for on board services;
(B) on an offshore supply vessel, means an individual carried
on the vessel except -
(i) an individual included in clause (i), (ii), or (iii) of
subparagraph (A) of this paragraph;
(ii) an employee of the owner, or of a subcontractor to the
owner, engaged in the business of the owner;
(iii) an employee of the charterer, or of a subcontractor
to the charterer, engaged in the business of the charterer;
or
(iv) an individual employed in a phase of exploration,
exploitation, or production of offshore mineral or energy
resources served by the vessel;
(C) on a fishing vessel, fish processing vessel, or fish
tender vessel, means an individual carried on the vessel except
-
(i) an individual included in clause (i), (ii), or (iii) of
subparagraph (A) of this paragraph;
(ii) a managing operator;
(iii) an employee of the owner, or of a subcontractor to
the owner, engaged in the business of the owner;
(iv) an employee of the charterer, or of a subcontractor to
the charterer, engaged in the business of the charterer; or
(v) an observer or sea sampler on board the vessel pursuant
to a requirement of State or Federal law; or
(D) on a sailing school vessel, means an individual carried
on the vessel except -
(i) an individual included in clause (i), (ii), or (iii) of
subparagraph (A) of this paragraph;
(ii) 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;
(iii) an employee of the demise charterer of the vessel
engaged in the business of the demise charterer; or
(iv) a sailing school instructor or sailing school student.
(21a) "passenger for hire" means a passenger for whom
consideration is contributed as a condition of carriage on the
vessel, whether directly or indirectly flowing to the owner,
charterer, operator, agent, or any other person having an
interest in the vessel.
(22) "passenger vessel" means a vessel of at least 100 gross
tons as measured under section 14502 of this title, or an
alternate tonnage measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this title -
(A) carrying more than 12 passengers, including at least one
passenger for hire;
(B) that is chartered and carrying more than 12 passengers;
or
(C) that is a submersible vessel 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 as measured under
section 14502 of this title, or an alternate tonnage measured
under section 14302 of this title as prescribed by the
Secretary under section 14104 of this title;
(B) carrying more than 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 as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section 14104 of
this title making voyages beyond the Boundary Line.
(33) "seagoing motor vessel" means a motor vessel of at least
300 gross tons as measured under section 14502 of this title, or
an alternate tonnage measured under section 14302 of this title
as prescribed by the Secretary under section 14104 of this title
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 wing-in-ground craft,
regardless of tonnage, carrying at least one passenger for hire,
and a vessel of less than 100 gross tons as measured under
section 14502 of this title, or an alternate tonnage measured
under section 14302 of this title as prescribed by the Secretary
under section 14104 of this title -
(A) carrying more than 6 passengers, including at least one
passenger for hire;
(B) that is chartered with the crew provided or specified by
the owner or the owner's representative and carrying more than
6 passengers;
(C) that is chartered with no crew provided or specified by
the owner or the owner's representative and carrying more than
12 passengers; or
(D) that is a submersible vessel carrying at least one
passenger for hire.
(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.
(37a) "submersible vessel" means a vessel that is capable of
operating below the surface of the water.
(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
-
(A) of at least 100 gross tons as measured under section
14502 of this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary
under section 14104 of this title -
(i) carrying not more than 12 passengers, including at
least one passenger for hire; or
(ii) that is chartered with the crew provided or specified
by the owner or the owner's representative and carrying not
more than 12 passengers; and
(B) of less than 100 gross tons as measured under section
14502 of this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary
under section 14104 of this title -
(i) carrying not more than 6 passengers, including at least
one passenger for hire; or
(ii) that is chartered with the crew provided or specified
by the owner or the owner's representative and 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.
(48) "wing-in-ground craft" means a vessel that is capable of
operating completely above the surface of the water on a dynamic
air cushion created by aerodynamic lift due to the ground effect
between the vessel and the water's surface.

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)
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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)
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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.

AMENDMENTS
2002 - Par. (17). Pub. L. 107-217 substituted "section 558 of
title 40" for "section 13 of the Coast Guard Authorization Act of
1986".
Par. (35). Pub. L. 107-295, Sec. 419(a), inserted "a
wing-in-ground craft, regardless of tonnage, carrying at least one
passenger for hire, and" after " 'small passenger vessel' means" in
introductory provisions.
Par. (48). Pub. L. 107-295, Sec. 419(b), added par. (48).
1998 - Pars. (17a), (17b). Pub. L. 105-383 added par. (17a) and
redesignated former par. (17a) as (17b).
1996 - Par. (13). Pub. L. 104-324, Sec. 709(1), inserted "as
measured under section 14502 of this title, or an alternate tonnage
measured under section 14302 of this title as prescribed by the
Secretary under section 14104 of this title" after "15 gross tons".
Par. (13a). Pub. L. 104-324, Sec. 709(2), inserted "as measured
under section 14502 of this title, or an alternate tonnage measured
under section 14302 of this title as prescribed by the Secretary
under section 14104 of this title" after "3,500 gross tons".
Par. (19). Pub. L. 104-324, Sec. 709(3), inserted "as measured
under section 14502 of this title, or an alternate tonnage measured
under section 14302 of this title as prescribed by the Secretary
under section 14104 of this title" after "500 gross tons".
Par. (20a). Pub. L. 104-324, Sec. 1104(a)(2), added par. (20a).
Former par. (20a) redesignated (20b).
Par. (20b). Pub. L. 104-324, Sec. 1104(a)(1), redesignated par.
(20a) as (20b).
Par. (22). Pub. L. 104-324, Sec. 709(4), inserted "as measured
under section 14502 of this title, or an alternate tonnage measured
under section 14302 of this title as prescribed by the Secretary
under section 14104 of this title" after "100 gross tons".
Par. (30)(A). Pub. L. 104-324, Sec. 709(5), inserted "as measured
under section 14502 of this title, or an alternate tonnage measured
under section 14302 of this title as prescribed by the Secretary
under section 14104 of this title" after "500 gross tons".
Par. (32). Pub. L. 104-324, Sec. 709(6), inserted "as measured
under section 14502 of this title, or an alternate tonnage measured
under section 14302 of this title as prescribed by the Secretary
under section 14104 of this title" after "100 gross tons".
Par. (33). Pub. L. 104-324, Sec. 709(7), inserted "as measured
under section 14502 of this title, or an alternate tonnage measured
under section 14302 of this title as prescribed by the Secretary
under section 14104 of this title" after "300 gross tons".
Par. (35). Pub. L. 104-324, Sec. 709(8), inserted "as measured
under section 14502 of this title, or an alternate tonnage measured
under section 14302 of this title as prescribed by the Secretary
under section 14104 of this title" after "100 gross tons".
Par. (42). Pub. L. 104-324, Sec. 709(9), inserted "as measured
under section 14502 of this title, or an alternate tonnage measured
under section 14302 of this title as prescribed by the Secretary
under section 14104 of this title" after "100 gross tons" in
subpars. (A) and (B).
1994 - Par. (14)(C). Pub. L. 103-272 substituted "section 5103(a)
of title 49" for "section 104 of the Hazardous Materials
Transportation Act (49 App. U.S.C. 1803)".
1993 - Par. (5a). Pub. L. 103-206, Sec. 507, added par. (5a).
Par. (19). Pub. L. 103-206, Sec. 508, inserted "individuals in
addition to the crew," after "supplies," and struck out "and is not
a small passenger vessel" after "resources".
Par. (21). Pub. L. 103-206, Sec. 502, amended par. (21)
generally, substituting subpars. (A) to (D) defining "passenger"
for former subpars. (A) to (F) defining "passenger".
Par. (21a). Pub. L. 103-206, Sec. 506, added par. (21a).
Par. (22). Pub. L. 103-206, Sec. 503, amended par. (22)
generally. Prior to amendment, par. (22) read as follows: "
'passenger vessel' means a vessel of at least 100 gross tons
carrying at least one passenger for hire."
Par. (30)(B). Pub. L. 103-206, Sec. 509, substituted "more than
6" for "at least 6".
Par. (35). Pub. L. 103-206, Sec. 504, amended par. (35)
generally. Prior to amendment, par. (35) read as follows: " '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)."
Par. (37a). Pub. L. 103-206, Sec. 510, added par. (37a).
Par. (42). Pub. L. 103-206, Sec. 505, amended par. (42)
generally. Prior to amendment, par. (42) read as follows: "
'uninspected passenger vessel' means an uninspected vessel carrying
not more than 6 passengers."
1992 - Par. (13a). Pub. L. 102-587 added par. (13a).
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 1992 AMENDMENT
Section 5208(c), (d) of Pub. L. 102-587 provided that:
"(c) For Great Lakes barges placed in operation after the date of
enactment of this Act [Nov. 4, 1992], the amendments made by this
section [amending this section and section 3301 of this title] take
effect on the date of enactment of this Act.
"(d)(1) For Great Lakes barges in operation on the date of
enactment of this Act, the amendments made by this section take
effect one year after the date of enactment of this Act.
"(2) The Secretary of Transportation may impose reasonable
interim requirements to assure safe operation of the barges
affected by paragraph (1)."
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 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.
SHORT TITLE OF 2002 AMENDMENT
Pub. L. 107-295, Sec. 1(a), Nov. 25, 2002, 116 Stat. 2064,
provided that: "This Act [see Tables for classification] may be
cited as the 'Maritime Transportation Security Act of 2002'."
Pub. L. 107-295, title II, Sec. 201, Nov. 25, 2002, 116 Stat.
2093, provided that: "This title [enacting section 1902a of Title
33, Navigation and Navigable Waters, amending sections 3302, 12111,
31325, and 31343 of this title, sections 808 and 883 of the
Appendix to this title, section 5313 of Title 5, Government
Organization and Employees, and section 102 of Title 49,
Transportation, enacting provisions set out as notes under sections
12106 and 12111 of this title and section 102 of Title 49, and
amending provisions set out as notes under section 12106 of this
title] may be cited as the 'Maritime Policy Improvement Act of
2002'."
SHORT TITLE OF 1998 AMENDMENT
Pub. L. 105-277, div. C, title II, Sec. 201, Oct. 21, 1998, 112
Stat. 2681-616, provided that: "This title [amending sections
12102, 12122, and 31322 of this title, enacting provisions set out
as notes under section 12102 of this title and section 1851 of
Title 16, Conservation, amending provisions set out as a note under
section 1274 of the Appendix to this title, and repealing
provisions set out as a note under section 12102 of this title] may
be cited as the 'American Fisheries Act'."
SHORT TITLE OF 1996 AMENDMENT
Section 601 of title VI of Pub. L. 104-324 provided that: "This
title [enacting sections 3103 and 3201 to 3205 of this title,
amending sections 3306 to 3309, 3316, and 3710 of this title, and
enacting provisions set out as notes under sections 3201 and 3306
of this title] may be cited as the 'Coast Guard Regulatory Reform
Act of 1996'."
SHORT TITLE OF 1993 AMENDMENT
Section 501 of title V of Pub. L. 103-206 provided that: "This
title [amending this section and sections 2113, 3306, and 4105 of
this title and enacting provisions set out as notes under this
section and section 3306 of this title] may be cited as the
'Passenger Vessel Safety Act of 1993'."
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'."

FISHING AND FISH TENDER VESSELS
Section 321 of Pub. L. 103-206 provided that:
"(a) In this section, 'fish tender vessel', 'fishing vessel', and
'tank vessel' have the meanings given those terms under section
2101 of title 46, United States Code.
"(b) A fishing vessel or fish tender vessel of not more than 750
gross tons, when engaged only in the fishing industry, shall not be
deemed to be a tank vessel for the purposes of any law.
"(c)(1) This section does not affect the authority of the
Secretary of Transportation under chapter 33 of title 46, United
States Code, to regulate the operation of the vessels listed in
subsection (b) to ensure the safe carriage of oil and hazardous
substances.
"(2) This section does not affect the requirement for fish tender
vessels engaged in the Aleutian trade to comply with chapters 33,
45, 51, 81, and 87 of title 46, United States Code, as provided in
the Aleutian Trade Act of 1990 (Public Law 101-595) [see Short
Title of 1990 Amendment note above]."
APPLICABILITY DATE FOR REVISED REGULATIONS
Section 513 of Pub. L. 103-206 provided that:
"(a) Applicability Date for Certain Chartered Vessels. - Revised
regulations governing small passenger vessels and passenger vessels
(as the definitions of those terms in section 2101 of title 46,
United States Code, are amended by this Act) shall not, before the
date that is 6 months after the date of enactment of this Act [Dec.
20, 1993], apply to such vessels when chartered with no crew
provided.
"(b) Extension of Period. - The Secretary of the department in
which the Coast Guard is operating shall extend for up to 30
additional months or until issuance of a certificate of inspection,
whichever occurs first, the period of inapplicability specified in
subsection (a) if the owner of the vessel concerned carries out the
provisions of subsection (c) to the satisfaction of the Secretary.
"(c) Conditions for Extension. - To receive an extension
authorized by subsection (b), the owner of the vessel shall -
"(1) make application for inspection with the Coast Guard
within 6 months after the date of enactment of this Act [Dec. 20,
1993];
"(2) make the vessel available for examination by the Coast
Guard prior to the carriage of passengers;
"(3)(A) correct especially any hazardous conditions involving
the vessel's structure, electrical system, and machinery
installation, such as (i) grossly inadequate, missing, unsound,
or severely deteriorated frames or major structural members; (ii)
wiring systems or electrical appliances without proper grounding
or overcurrent protection; and (iii) significant fuel or exhaust
system leaks;
"(B) equip the vessel with lifesaving and fire fighting
equipment, or the portable equivalent, required for the route and
number of persons carried; and
"(C) verify through stability tests, calculations, or other
practical means (which may include a history of safe operations)
that the vessel's stability is satisfactory for the size, route,
and number of passengers; and
"(4) develop a work plan approved by the Coast Guard to
complete in a good faith effort all requirements necessary for
issuance of a certificate of inspection as soon as practicable.
"(d) Operation of Vessel During Extension Period. - The owner of
a vessel receiving an extension under this section shall operate
the vessel under the conditions of route, service, number of
passengers, manning, and equipment as may be prescribed by the
Coast Guard for the extension period."
TANK VESSEL DEFINITION CLARIFICATION
Pub. L. 102-587, title V, Sec. 5209, Nov. 4, 1992, 106 Stat.
5076, as amended by Pub. L. 105-383, title IV, Sec. 422, Nov. 13,
1998, 112 Stat. 3439, provided that:
"(a) In this section, 'offshore supply vessel', 'fish tender
vessel', 'fishing vessel', and 'tank vessel' have the meanings
given those terms under section 2101 of title 46, United States
Code.
"(b) The following vessels are deemed not to be a tank vessel for
the purposes of any law:
"(1) An offshore supply vessel.
"(2) A fishing or fish tender vessel of not more than 750 gross
tons that transfers without charge to a fishing vessel owned by
the same person.
"(3) A vessel -
"(A) configured, outfitted, and operated primarily for
dredging operations; and
"(B) engaged in dredging operations which transfers fuel to
other vessels engaged in the same dredging operations without
charge.
"(c)(1) This section does not affect the authority of the
Secretary of Transportation under chapter 33 of title 46, United
States Code, to regulate the operation of the vessels listed in
subsection (b) to ensure the safe carriage of oil and hazardous
substances.
"(2) This section does not affect the requirement for fish tender
vessels engaged in the Aleutian trade to comply with chapters 33,
45, 51, 81, and 87 of title 46, United States Code, as provided in
the Aleutian Trade Act of 1990 ([title VI of] Public Law 101-595)
[see Short Title of 1990 Amendment note above].
"(d) Current regulations governing the vessels in subsection (b)
remain in effect."

Last modified: April 20, 2006