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Shipping - 46 USC Section 3302
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US Lawyer > Shipping > Shipping - 46 USC Section 3302
01/19/04
Sec. 3302. Exemptions
(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) Except as provided in subsection (c)(3) of this section, a
fishing vessel (!1) 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) Except as provided in paragraph (3) of this subsection, a
fish processing vessel of not more than 5,000 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 is exempt from section
3301(1), (6), (7), (11), and (12) of this title.
(2) Except as provided in paragraphs (3) and (4) of this
subsection, a fish tender vessel of not more 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 is exempt from section
3301(1), (6), (7), (11), and (12) of this title.
(3)(A) A fishing vessel or fish processing vessel is exempt from
section 3301(1), (6), and (7) of this title when transporting cargo
(including fisheries-related cargo) to or from a place in Alaska if
-
(i) that place does not receive weekly common carrier service
by water from a place in the United States;
(ii) that place receives such common carrier service and the
cargo is of a type not accepted by that common carrier service;
or
(iii) the cargo is proprietary cargo owned by the owner of the
vessel or any affiliated entity or subsidiary.
(B) A fish tender vessel of not more 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, which is qualified to
engage in the Aleutian trade is exempt from section 3301(1), (6),
and (7) of this title when transporting cargo (including
fisheries-related cargo) to or from a place in Alaska outside the
Aleutian trade geographic area if -
(i) that place does not receive weekly common carrier service
by water from a place in the United States;
(ii) that place receives such common carrier service and the
cargo is of a type not accepted by that common carrier service;
or
(iii) the cargo is proprietary cargo owned by the owner of the
vessel or any affiliated entity or subsidiary.
(C) In this paragraph, the term "proprietary cargo" means cargo
that -
(i) is used by the owner of the vessel or any affiliated entity
or subsidiary in activities directly related to fishing or the
processing of fish;
(ii) is consumed by employees of the owner of the vessel or any
affiliated entity or subsidiary who are engaged in fishing or in
the processing of fish; or
(iii) consists of fish or fish products harvested or processed
by the owner of the vessel or any affiliated entity or
subsidiary.
(D) Notwithstanding the restrictions in subparagraph (B) of this
paragraph, vessels qualifying under subparagraph (B) may transport
cargo (including fishery-related products) from a place in Alaska
receiving weekly common carrier service by water to a final
destination in Alaska not receiving weekly service by water from
common carriers.
(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 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) 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 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, 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 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) 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 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 -
(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 National Liberty Ship Memorial,
Inc..(!2)
(D) The SS Red Oak Victory (United States official number
249410), owned by the Richmond Museum Association, located in
Richmond, California.
(E) The SS American Victory (United States official number
248005), owned by Victory Ship, Inc., of Tampa, Florida.
(F) The LST-325, owned by USS LST Ship Memorial, Incorporated,
located in Mobile, Alabama.
(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.
(m) A seagoing barge is not subject to inspection under section
3301(6) of this title if the vessel is unmanned and does not carry
-
(1) a hazardous material as cargo; or
(2) a flammable or combustible liquid, including oil, in bulk.
HISTORICAL AND REVISION NOTES
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Revised section Source section (U.S. Code)
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3302 46:367
46:390
46:391(e)
46:404
46:420
46:442
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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
2002 - Subsec. (l)(1)(D) to (F). Pub. L. 107-295 added subpars.
(D) to (F).
1999 - Subsec. (l)(1)(C). Pub. L. 106-65 substituted "owned by
the National Liberty Ship Memorial, Inc." for "owned by the United
States Maritime Administration".
1996 - Subsec. (b). Pub. L. 104-324, Sec. 1110(1), substituted
"Except as provided in subsection (c)(3) of this section, a fishing
vessel" for "A fishing vessel,".
Subsec. (c)(1). Pub. L. 104-324, Secs. 711(1), 1110(2),
substituted "Except as provided in paragraph (3) of this
subsection, a fish processing vessel" for "A fish processing
vessel" and 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 "5,000 gross tons".
Subsec. (c)(2). Pub. L. 104-324, Secs. 711(2), 1110(3),
substituted "Except as provided in paragraphs (3) and (4) of this
subsection, a fish tender vessel" for "A fish tender vessel" and
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".
Subsec. (c)(3). Pub. L. 104-324, Sec. 1110(4), amended par. (3)
generally. Prior to amendment, par. (3) read as follows: "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."
Subsec. (c)(4)(A). Pub. L. 104-324, Sec. 711(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".
Subsec. (d)(1). Pub. L. 104-324, Sec. 711(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 "150 gross
tons".
Subsec. (i)(1)(A). Pub. L. 104-324, Sec. 711(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 "300 gross
tons".
Subsec. (j). Pub. L. 104-324, Sec. 711(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 "15 gross tons".
1993 - Subsec. (m). Pub. L. 103-206 added subsec. (m).
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."
Last modified: April 20, 2006
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