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Shipping - 46 USC Section 3306
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US Lawyer > Shipping > Shipping - 46 USC Section 3306
01/19/04
Sec. 3306. Regulations
(a) To carry out this part and to secure the safety of
individuals and property on board vessels subject to inspection,
the Secretary shall prescribe necessary regulations to ensure the
proper execution of, and to carry out, this part in the most
effective manner for -
(1) the design, construction, alteration, repair, and operation
of those vessels, including superstructures, hulls, fittings,
equipment, appliances, propulsion machinery, auxiliary machinery,
boilers, unfired pressure vessels, piping, electric
installations, and accommodations for passengers and crew,
sailing school instructors, and sailing school students;
(2) lifesaving equipment and its use;
(3) firefighting equipment, its use, and precautionary measures
to guard against fire;
(4) inspections and tests related to paragraphs (1), (2), and
(3) of this subsection; and
(5) the use of vessel stores and other supplies of a dangerous
nature.
(b)(1) Equipment and material subject to regulation under this
section may not be used on any vessel without prior approval of the
Secretary.
(2) Except with respect to use on a public vessel, the Secretary
may treat an approval of equipment or materials by a foreign
government as approval by the Secretary for purposes of paragraph
(1) if the Secretary determines that -
(A) the design standards and testing procedures used by that
government meet the requirements of the International Convention
for the Safety of Life at Sea, 1974;
(B) the approval of the equipment or material by the foreign
government will secure the safety of individuals and property on
board vessels subject to inspection; and
(C) for lifesaving equipment, the foreign government -
(i) has given equivalent treatment to approvals of lifesaving
equipment by the Secretary; and
(ii) otherwise ensures that lifesaving equipment approved by
the Secretary may be used on vessels that are documented and
subject to inspection under the laws of that country.
(c) In prescribing regulations for sailing school vessels, the
Secretary shall consult with representatives of the private sector
having experience in the operation of vessels likely to be
certificated as sailing school vessels. The regulations shall -
(1) reflect the specialized nature of sailing school vessel
operations, and the character, design, and construction of
vessels operating as sailing school vessels; and
(2) include requirements for notice to sailing school
instructors and sailing school students about the specialized
nature of sailing school vessels and applicable safety
regulations.
(d) In prescribing regulations for nautical school vessels
operated by the United States Merchant Marine Academy or by a State
maritime academy (as defined in section 1302(3) of the Merchant
Marine Act, 1936 (46 App. U.S.C. 1295a(3))), the Secretary shall
consider the function, purpose, and operation of the vessels, their
routes, and the number of individuals who may be carried on the
vessels.
(e) When the Secretary finds it in the public interest, the
Secretary may suspend or grant exemptions from the requirements of
a regulation prescribed under this section related to lifesaving
and firefighting equipment, muster lists, ground tackle and
hawsers, and bilge systems.
(f) In prescribing regulations for offshore supply vessels, the
Secretary shall consider the characteristics, methods of operation,
and the nature of the service of offshore supply vessels.
(g) In prescribing regulations for fish processing or fish tender
vessels, the Secretary shall consult with representatives of the
private sector having experience in the operation of these vessels.
The regulations shall reflect the specialized nature and economics
of fish processing or fish tender vessel operations and the
character, design, and construction of fish processing or fish
tender vessels.
(h) The Secretary shall establish appropriate 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, which meet the eligibility
criteria of section 2113(4) of this title.
(i) The Secretary shall establish appropriate structural fire
protection, manning, operating, and equipment requirements for
former public vessels of the United States of at least 100 gross
tons but less that 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, which meet the eligibility criteria of section 2113(5) of
this title.
HISTORICAL AND REVISION NOTES
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Revised section Source section (U.S. Code)
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3306 46:366
46:369
46:375
46:390b
46:392
46:404
46:408
46:411
46:412
46:416
46:420
46:445
46:459
46:473
46:477
46:478
46:479
46:481
46:482
46:483
46:489
46:526p
46:1295f(c)
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Section 3306 contains broad authority to prescribe regulations
for the proper inspection and certification of vessels. It provides
regulatory flexibility for meeting technological changes. The
section also permits flexibility in prescribing regulations for
nautical school vessels operated by the United States Merchant
Marine Academy or by a State maritime academy. The Secretary may
suspend or grant exemptions to certain limited inspection
requirements when the Secretary finds that this is necessary in the
public interest. It also contains the requirement that in
regulating offshore supply vessels consideration must be given to
the special nature of their operations.
AMENDMENTS
1996 - Subsec. (a)(4). Pub. L. 104-324, Sec. 604(c), substituted
"paragraphs (1), (2), and (3)" for "clauses (1)-(3)".
Subsec. (b). Pub. L. 104-324, Sec. 604(a), amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows:
"Equipment subject to regulation under this section may not be used
on any vessel without prior approval as prescribed by regulation."
Subsec. (h). Pub. L. 104-324, Sec. 712(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 "300 gross tons".
Subsec. (i). Pub. L. 104-324, Sec. 712(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 "500 gross tons".
1993 - Subsecs. (h), (i). Pub. L. 103-206 added subsecs. (h) and
(i).
1984 - Subsec. (g). Pub. L. 98-364 added subsec. (g).
REGULATIONS
Section 512(b), (c) of Pub. L. 103-206 provided that:
"(b) The Secretary of Transportation shall, within twenty-four
months of the date of enactment of this Act [Dec. 20, 1993],
prescribe regulations establishing the structural fire protection,
manning, operating, and equipment requirements for vessels which
meet the requirements of subsections (h) and (i) of section 3306 of
title 46, United States Code, as amended by this Act.
"(c) Before the Secretary of Transportation prescribes
regulations under subsections (h) and (i) of section 3306 of title
46, United States Code, as amended by this Act, the Secretary may
prescribe the route, service, manning, and equipment for those
vessels based on existing passenger vessel and small passenger
vessel regulations."
FOREIGN APPROVALS
Section 604(b) of Pub. L. 104-324 provided that: "The Secretary
of Transportation, in consultation with other interested Federal
agencies, shall work with foreign governments to have those
governments approve the use of the same equipment and materials on
vessels documented under the laws of those countries that the
Secretary requires on United States documented vessels."
INTERNATIONAL CONVENTION FOR SAFETY OF LIFE AT SEA
For International Conventions for the Safety of Life at Sea to
which the United States has been a party, see section 1602 of Title
33, Navigation and Navigable Waters, and notes thereunder.
Last modified: April 20, 2006
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