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Shipping - 46 USC Section 3316
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01/19/04
Sec. 3316. Classification societies
(a) Each department, agency, and instrumentality of the United
States Government shall recognize the American Bureau of Shipping
as its agent in classifying vessels owned by the Government and in
matters related to classification, as long as the Bureau is
maintained as an organization having no capital stock and paying no
dividends. The Secretary and the Secretary of Transportation each
shall appoint one representative (except when the Secretary is the
Secretary of Transportation, in which case the Secretary shall
appoint both representatives) who shall represent the Government on
the executive committee of the Bureau. The Bureau shall agree that
the representatives shall be accepted by it as active members of
the committee. The representatives shall serve without
compensation, except for necessary traveling expenses.
(b)(1) The Secretary may delegate to the American Bureau of
Shipping or another classification society recognized by the
Secretary as meeting acceptable standards for such a society, for a
vessel documented or to be documented under chapter 121 of this
title, the authority to -
(A) review and approve plans required for issuing a certificate
of inspection required by this part;
(B) conduct inspections and examinations; and
(C) issue a certificate of inspection required by this part and
other related documents.
(2) The Secretary may make a delegation under paragraph (1) to a
foreign classification society only -
(A) to the extent that the government of the foreign country in
which the society is headquartered delegates authority and
provides access to the American Bureau of Shipping to inspect,
certify, and provide related services to vessels documented in
that country; and
(B) if the foreign classification society has offices and
maintains records in the United States.
(3) When an inspection or examination has been delegated under
this subsection, the Secretary's delegate -
(A) shall maintain in the United States complete files of all
information derived from or necessarily connected with the
inspection or examination for at least 2 years after the vessel
ceases to be certified; and
(B) shall permit access to those files at all reasonable times
to any officer, employee, or member of the Coast Guard designated
-
(i) as a marine inspector and serving in a position as a
marine inspector; or
(ii) in writing by the Secretary to have access to those
files.
HISTORICAL AND REVISION NOTES
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Revised section Source section (U.S. Code)
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3316 46:9 (less (c))
46:369
46:881
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Section 3316 prescribes the relationship between certain
classification societies and the Federal Government with respect to
the promotion of maritime safety and the security of life and
property at sea. Briefly stated, a classification society, like the
American Bureau of Shipping (ABS), establishes and administers
standards for the design, construction, and periodic survey of
commercial vessels, yachts, and other marine structures.
Classification certifies adherence to these standards, thus
representing that a vessel or structure possesses the structural
and mechanical fitness required for its intended service.
The section requires that a Federal department, agency, or
instrumentality recognize the American Bureau of Shipping as its
agent for classing vessels owned by the Federal Government and in
any matters related to classification. In effect, the ABS has a
statutory monopoly on classing vessels of the United States
Government. Additionally, the section contains the authority to
permit the Secretary to rely on reports, documents, and
certificates issued by a classification society that is similar to
the American Bureau of Shipping. However, a "similar classification
society" continues to mean one that is organized like the American
Bureau of Shipping with attendant governmental representation.
AMENDMENTS
1996 - Pub. L. 104-324, Sec. 607(b)(1), substituted
"Classification societies" for "United States classification
societies" in section catchline.
Subsec. (a). Pub. L. 104-324, Sec. 607(a)(3), which directed the
substitution of "American Bureau of Shipping" for "Bureau", was
executed by making the substitution the first place appearing, to
reflect the probable intent of Congress.
Pub. L. 104-324, Sec. 607(a)(1), (2), redesignated subsec. (b) as
(a) and struck out former subsec. (a) which read as follows: "In
carrying out this part, the Secretary may rely on reports,
documents, and certificates issued by the American Bureau of
Shipping or a similar United States classification society, or an
agent of the Bureau or society."
Subsec. (b). Pub. L. 104-324, Sec. 607(a)(2), (4), redesignated
subsec. (c) as (b), added pars. (1) and (2), redesignated former
par. (2) as (3), and struck out former par. (1) which read as
follows: "To the maximum extent practicable, the Secretary may
delegate to the Bureau or a similar United States classification
society, or an agent of the Bureau or society, the inspection or
examination, in the United States or in a foreign country, of a
vessel documented or to be documented as a vessel of the United
States. The Bureau, society, or agent may issue the certificate of
inspection required by this part and other certificates essential
to documentation." Former subsec. (b) redesignated (a).
Subsec. (c). Pub. L. 104-324, Sec. 607(a)(2), redesignated
subsec. (c) as (b).
Subsec. (d). Pub. L. 104-324, Sec. 607(a)(1), struck out subsec.
(d) which read as follows: "The Secretary also may make an
agreement with or use the Bureau or a similar United States
classification society, or an agent of the Bureau or society, for
reviewing and approving plans required for issuing a certificate of
inspection."
Last modified: April 20, 2006
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