StatA

§ 2307

TITLE 46—SHIPPING

(2) When more than 48 hours have passed since
the owner, charterer, managing operator, or
agent of a vessel required to report to the
United States Flag Merchant Vessel Location
Filing System under authority of section 50113
of this title has received a communication from
the vessel, the owner, charterer, managing operator, or agent immediately shall—
(A) notify the Coast Guard; and
(B) use all available means to determine the
status of the vessel.
(3) A person notifying the Coast Guard under
paragraph (1) or (2) of this subsection shall provide the name and identification number of the
vessel, the names of individuals on board, and
other information that may be requested by the
Coast Guard. The owner, charterer, managing
operator, or agent also shall submit written confirmation to the Coast Guard within 24 hours
after nonwritten notification to the Coast Guard
under those paragraphs.
(4) An owner, charterer, managing operator, or
agent violating this subsection is liable to the
United States Government for a civil penalty of
not more than $5,000 for each day during which
the violation occurs.
(b)(1) The master of a vessel of the United
States required to report to the System shall report to the owner, charterer, managing operator, or agent at least once every 48 hours.
(2) A master violating this subsection is liable
to the Government for a civil penalty of not
more than $1,000 for each day during which the
violation occurs.
(c) The Secretary may prescribe regulations to
carry out this section.
(Added Pub. L. 98–498, title II, § 212(a)(3), Oct. 19,
1984, 98 Stat. 2305; amended Pub. L. 109–304,
§ 15(9), Oct. 6, 2006, 120 Stat. 1703.)
AMENDMENTS
2006—Subsec. (a)(2). Pub. L. 109–304 substituted ‘‘section 50113 of this title’’ for ‘‘section 212(A) of the Merchant Marine Act, 1936 (46 App. U.S.C. 1122a),’’.

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for damages caused by or related to such assistance unless the acts or omissions of such pilot
constitute gross negligence or willful misconduct.
(Added Pub. L. 107–295, title IV, § 431(a), Nov. 25,
2002, 116 Stat. 2128.)
TRANSFER OF FUNCTIONS
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.

PART B—INSPECTION AND REGULATION OF
VESSELS
HISTORICAL AND REVISION NOTES
Part B provides authority and responsibility for the
inspection and regulation of vessels by the Coast
Guard. This part specifies those vessels subject to inspection, those that are specifically exempt from inspection, and related inspection requirements and procedures. Due to the need for special requirements for
the inspection and regulation of passenger vessels and
those vessels carrying liquid bulk dangerous cargoes
separate chapters have been developed. Additional
chapters provide for recreational vessels and those
other vessels that are regulated but are not subject to
inspection and certification by the Coast Guard. It
should also be noted that the United States is signatory to a number of international treaties on maritime
safety and seamen’s welfare, such as the various Safety
of Life at Sea (SOLAS) treaties, and that their provisions and requirements are part of United States maritime law and in many cases are quite extensive.

CHAPTER 31—GENERAL
Sec.

3101.
3102.
3103.
3104.

Authority to suspend inspection.
Immersion suits.
Use of reports, documents, and records.
Survival craft.

EFFECTIVE DATE

AMENDMENTS

Pub. L. 98–498, title II, § 214, Oct. 19, 1984, 98 Stat. 2306,
provided that: ‘‘Sections 211(a) and 212 of this subtitle
[enacting this section and amending sections 2302, 3309,
6101, and 6103 of this title] are effective one hundred
and eighty days after the date of enactment of this Act
[Oct. 19, 1984].’’

2010—Pub. L. 111–281, title VI, § 609(b), Oct. 15, 2010, 124
Stat. 2968, added item 3104.
1996—Pub. L. 104–324, title VI, § 603(b), Oct. 19, 1996, 110
Stat. 3930, added item 3103.
1988—Pub. L. 100–424, § 8(a)(3), Sept. 9, 1988, 102 Stat.
1593, substituted ‘‘Immersion’’ for ‘‘Exposure’’ in item
3102.
1985—Pub. L. 99–36, § 2, May 15, 1985, 99 Stat. 68, repealed section 22 of Pub. L. 98–557 and the amendments
made by that section, which added first identical item
3102, effective Nov. 8, 1984, thereby leaving Pub. L.
98–623 as the sole authority for the addition of item
3102. See 1984 Amendment note below.
1984—Pub. L. 98–557, § 22(a)(2), Oct. 30, 1984, 98 Stat.
2871, and Pub. L. 98–623, title VII, § 701(a)(2), Nov. 8, 1984,
98 Stat. 3413, added identical item 3102. See 1985 Amendment note above.

TRANSFER OF FUNCTIONS
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.

§ 2307. Limitation of liability for Coast Guard
Vessel Traffic Service pilots
Any pilot, acting in the course and scope of his
or her duties while at a United States Coast
Guard Vessel Traffic Service, who provides information, advice, or communication assistance
while under the supervision of a Coast Guard officer, member, or employee shall not be liable

§ 3101. Authority to suspend inspection
When the President decides that the needs of
foreign commerce require, the President may
suspend a provision of this part for a foreignbuilt vessel registered as a vessel of the United
States on conditions the President may specify.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 510.)

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§ 3104

TITLE 46—SHIPPING
HISTORICAL AND REVISION NOTES

Revised section

Source section (U.S. Code)

3101 ..............................................

46:82

Section 3101 provides the President with the authority to suspend the inspection laws for a foreign-built
reflagged U.S. vessel when the needs of foreign commerce require this. For example, if a foreign-flag vessel
is reflagged in the U.S. but does not meet the specific
Coast Guard inspection requirements, the President
could suspend these requirements.
EFFECTIVE DATE
Pub. L. 98–89, § 2(g)(1), Aug. 26, 1983, 97 Stat. 599, provided that: ‘‘Part B [chapters 31 to 43] of subtitle II and
sections 7306 (related to able seaman sail) and 7311 of
title 46 (as enacted by section 1 of this Act) take effect
April 15, 1984, or when regulations for sailing school
vessels under part B are effective, whichever is earlier.’’ [Part B of subtitle II and sections 7306 (related to
able seaman sail) and 7311 of title 46 effective Apr. 15,
1984, in absence of regulations for sailing school vessels
under part B on that date.]
DELEGATION OF FUNCTIONS
For delegation to Secretary of the Treasury of authority vested in President by this section, see Ex. Ord.
No. 10289, Sept. 17, 1951, 16 F.R. 9499, as amended, set
out as a note under section 301 of Title 3, The President.

§ 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.
(Added Pub. L. 98–557, § 22(a)(1), Oct. 30, 1984, 98
Stat. 2871; amended Pub. L. 98–623, title VII,
§ 701(a)(1), Nov. 8, 1984, 98 Stat. 3413; Pub. L.
99–36, § 2, May 15, 1985, 99 Stat. 68; Pub. L.
100–424, § 8(a)(1), (2), Sept. 9, 1988, 102 Stat. 1592,
1593.)
CODIFICATION
Pub. L. 98–557 and Pub. L. 98–623 enacted identical
section 3102 of this title. Section 22 of Pub. L. 98–557,
which enacted first identical section 3102 of this title,
was repealed by section 2 of Pub. L. 99–36, set out below
as a Repeal of Duplicate Section note.

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
Pub. L. 99–36, § 2, May 15, 1985, 99 Stat. 68, 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
Pub. L. 98–623, title VII, § 701(b), (c), Nov. 8, 1984, 98
Stat. 3413, 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.

§ 3103. Use of reports, documents, and records
The Secretary may rely, as evidence of compliance with this subtitle, on—
(1) reports, documents, and records of other
persons who have been determined by the Secretary to be reliable; and
(2) other methods the Secretary has determined to be reliable.
(Added Pub. L. 104–324, title VI, § 603(a), Oct. 19,
1996, 110 Stat. 3930.)
§ 3104. Survival craft
(a) Except as provided in subsection (b), the
Secretary may not approve a survival craft as a
safety device for purposes of this part, unless
the craft ensures that no part of an individual is
immersed in water.
(b) The Secretary may authorize a survival
craft that does not provide protection described
in subsection (a) to remain in service until not
later than January 1, 2015, if—
(1) it was approved by the Secretary before
January 1, 2010; and