Shipping - 46 USC Section 2113

01/19/04

Sec. 2113. Authority to exempt certain vessels

If the Secretary decides that the application of a provision of
part B, C, F, or G of this subtitle is not necessary in performing
the mission of the vessel engaged in excursions or an oceanographic
research vessel, or not necessary for the safe operation of certain
vessels carrying passengers, the Secretary by regulation may -
(1) for a vessel, issue a special permit specifying the
conditions of operation and equipment;
(2) exempt an oceanographic research vessel from that provision
under conditions the Secretary may specify;
(3) establish different operating and equipment requirements
for vessels defined in section 2101(42)(A) of this title;
(4) establish different structural fire protection, manning,
operating, and equipment requirements for vessels of at least 100
gross tons but less than 300 gross tons as measured under section
14502 of this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary under
section 14104 of this title carrying not more than 150 passengers
on domestic voyages if the owner of the vessel -
(A) makes application for inspection to the Coast Guard
within 6 months of the date of enactment of the Passenger
Vessel Safety Act of 1993; and
(B) provides satisfactory documentation that the vessel was
chartered at least once within the previous 12 months prior to
the date of enactment of that Act; and
(5) establish different structural fire protection, manning,
operating, and equipment requirements for former public vessels
of the United States of at least 100 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,
carrying not more than 150 passengers on domestic voyages, if the
owner of the vessel -
(A) makes application for inspection to the Coast Guard
within 6 months of the date of enactment of the Passenger
Vessel Safety Act of 1993; and
(B) provides satisfactory documentation that the vessel was
chartered at least once within the previous 12 months prior to
the date of enactment of that Act.

HISTORICAL AND REVISION NOTES
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Revised section Source section (U.S. Code)
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2113 46:445
46:453
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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.

AMENDMENTS
1996 - Par. (4). Pub. L. 104-324, Sec. 710(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 "less than 300
gross tons".
Par. (5). Pub. L. 104-324, Sec. 710(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 "less than 500 gross
tons".
1993 - Pub. L. 103-206 amended section catchline and text
generally. Prior to amendment, text read as follows: "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."

Last modified: April 20, 2006