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Shipping - 46 USC Section 3301

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01/19/04


Sec. 3301. Vessels subject to inspection


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.
(13) Great Lakes barges.
(14) oil spill response vessels.

HISTORICAL AND REVISION NOTES
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Revised section Source section (U.S. Code)
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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
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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
1996 - Par. (14). Pub. L. 104-324 added par. (14).
1992 - Par. (13). Pub. L. 102-587 added par. (13).
1984 - Pars. (11), (12). Pub. L. 98-364 added pars. (11) and
(12).
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102-587 effective Nov. 4, 1992, for Great
Lakes barges placed in operation after Nov. 4, 1992, and effective
one year after Nov. 4, 1992, for Great Lakes barges in operation on
Nov. 4, 1992, with provision for interim safety requirements, see
section 5208(c), (d) of Pub. L. 102-587, set out as a note under
section 2101 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.
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 (Secs. 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'."
PILOT PROGRAM
Pub. L. 105-383, title IV, Sec. 412(b), Nov. 13, 1998, 112 Stat.
3432, provided that:
"(1) In general. - The Secretary may establish a pilot program to
exempt a vessel of at least 300 gross tons as measured under
chapter 143 or chapter 145 of title 46, United States Code, from
the requirement to be inspected under section 3301(7) of title 46,
United States Code, as a seagoing motor vessel, if -
"(A) the vessel does not carry any cargo or passengers for
hire;
"(B) the vessel does not engage in commercial service,
commercial fisheries, or oceanographic research; and
"(C) the vessel does not engage in towing.
"(2) Expiration of authority. - The authority to grant the
exemptions under this subsection expires 2 years after the date of
the enactment of this Act [Nov. 13, 1998]. Any specific exemptions
granted under this subsection shall nonetheless remain in effect."
SMALL PASSENGER VESSEL PILOT INSPECTION PROGRAM WITH STATE OF
MINNESOTA
Section 1122 of Pub. L. 104-324 provided that:
"(a) In General. - The Secretary may enter into an agreement with
the State under which the State may inspect small passenger vessels
operating in waters of that State designated by the Secretary, if -

"(1) the State plan for the inspection of small passenger
vessels meets such requirements as the Secretary may require to
ensure the safety and operation of such vessels in accordance
with the standards that would apply if the Coast Guard were
inspecting such vessels; and
"(2) the State will provide such information obtained through
the inspection program to the Secretary annually in such form and
in such detail as the Secretary may require.
"(b) Fees. - The Secretary may adjust or waive the user fee
imposed under section 3317 of title 46, United States Code, for the
inspection of small passenger vessels inspected under the State
program.
"(c) Termination. - The authority provided by subsection (a)
terminates on December 31, 1999.
"(d) Definitions. - For purposes of this section -
"(1) Secretary. - The term 'Secretary' means the Secretary of
the department in which the Coast Guard is operating.
"(2) State. - The term 'State' means the State of Minnesota.
"(3) Small passenger vessel. - The term 'small passenger
vessel' means a small passenger vessel (as defined in section
2101(35) of title 46, United States Code) of not more than 40
feet overall in length."
[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.]

Last modified: April 20, 2006