Shipping - 46 USC Section 3102

01/19/04

Sec. 3102. Immersion suits

(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.

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this title], are repealed as of November 8, 1984.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.]
[For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.]
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.

Last modified: April 20, 2006