1625-0028 Stat/Authority

§ 2102

TITLE 46—SHIPPING

‘‘(1) make application for inspection with the Coast
Guard within 6 months after the date of enactment of
this Act [Dec. 20, 1993];
‘‘(2) make the vessel available for examination by
the Coast Guard prior to the carriage of passengers;
‘‘(3)(A) correct especially any hazardous conditions
involving the vessel’s structure, electrical system,
and machinery installation, such as (i) grossly inadequate, missing, unsound, or severely deteriorated
frames or major structural members; (ii) wiring systems or electrical appliances without proper grounding or overcurrent protection; and (iii) significant
fuel or exhaust system leaks;
‘‘(B) equip the vessel with lifesaving and fire fighting equipment, or the portable equivalent, required
for the route and number of persons carried; and
‘‘(C) verify through stability tests, calculations, or
other practical means (which may include a history
of safe operations) that the vessel’s stability is satisfactory for the size, route, and number of passengers;
and
‘‘(4) develop a work plan approved by the Coast
Guard to complete in a good faith effort all requirements necessary for issuance of a certificate of inspection as soon as practicable.
‘‘(d) OPERATION OF VESSEL DURING EXTENSION PERIOD.—The owner of a vessel receiving an extension
under this section shall operate the vessel under the
conditions of route, service, number of passengers,
manning, and equipment as may be prescribed by the
Coast Guard for the extension period.’’
TANK VESSEL DEFINITION CLARIFICATION
Pub. L. 102–587, title V, § 5209, Nov. 4, 1992, 106 Stat.
5076, as amended by Pub. L. 105–383, title IV, § 422, Nov.
13, 1998, 112 Stat. 3439; Pub. L. 111–281, title VI,
§ 617(a)(1)(B), Oct. 15, 2010, 124 Stat. 2972, provided that:
‘‘(a) In this section, ‘offshore supply vessel’, ‘fish tender vessel’, ‘fishing vessel’, and ‘tank vessel’ have the
meanings given those terms under section 2101 of title
46, United States Code.
‘‘(b) The following vessels are deemed not to be a
tank vessel for the purposes of any law:
‘‘(1) An offshore supply vessel of less than 500 gross
tons as measured under section 14502, or an alternate
tonnage measured under section 14302 of such title as
prescribed by the Secretary under section 14104 of
such title.
‘‘(2) A fishing or fish tender vessel of not more than
750 gross tons that transfers without charge to a fishing vessel owned by the same person.
‘‘(3) A vessel—
‘‘(A) configured, outfitted, and operated primarily
for dredging operations; and
‘‘(B) engaged in dredging operations which transfers fuel to other vessels engaged in the same dredging operations without charge.
‘‘(c)(1) This section does not affect the authority of
the Secretary of Transportation under chapter 33 of
title 46, United States Code, to regulate the operation
of the vessels listed in subsection (b) to ensure the safe
carriage of oil and hazardous substances.
‘‘(2) This section does not affect the requirement for
fish tender vessels engaged in the Aleutian trade to
comply with chapters 33, 45, 51, 81, and 87 of title 46,
United States Code, as provided in the Aleutian Trade
Act of 1990 ([title VI of] Public Law 101–595) [see Short
Title of 1990 Amendment note set out under section 101
of this title].
‘‘(d) Current regulations governing the vessels in subsection (b) remain in effect.’’

§ 2102. Limited definitions

Page 26

gitude and east of 172 degrees east longitude, if
that place receives weekly common carrier service by water, to or from a place in the United
States (except a place in Alaska).
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 505; Pub. L.
98–369, div. A, title X, § 1011(a), July 18, 1984, 98
Stat. 1013; Pub. L. 99–509, title V, § 5102(b)(2), Oct.
21, 1986, 100 Stat. 1926; Pub. L. 101–595, title VI,
§ 602(a), Nov. 16, 1990, 104 Stat. 2990; Pub. L.
109–304, §§ 15(3), 16(a), Oct. 6, 2006, 120 Stat. 1702,
1705.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

2102 ..............................................

46:1452(10)–(14)

Section 2102 contains a number of definitions that are
limited to recreational vessels in Chapter 43 of Part B
and the numbering of these vessels in Chapter 123 of
Part H.
AMENDMENTS
2006—Pub. L. 109–304 redesignated subsec. (b) as entire
section, substituted ‘‘west’’ for ‘‘West’’ and ‘‘east’’ for
‘‘East’’, and struck out subsec. (a) which defined ‘‘eligible State’’, ‘‘State’’, ‘‘United States’’, and ‘‘State recreational boating safety program’’ in chapters 37, 43, 51,
and 123 of this title and part I of this subtitle.
1990—Pub. L. 101–595 designated existing provisions as
subsec. (a) and added subsec. (b).
1986—Pub. L. 99–509 inserted reference to chapters 37
and 51.
1984—Par. (1). Pub. L. 98–369, § 1011(a)(1), struck out
‘‘and facilities improvement’’ after ‘‘recreational boating safety’’.
Par. (3). Pub. L. 98–369, § 1011(a)(2), (3), redesignated
par. (5) as (3) and struck out former par. (3) which defined a State recreational boating facilities improvement program.
Par. (4). Pub. L. 98–369, § 1011(a)(2), struck out par. (4)
which defined State recreational boating safety and facilities improvement program.
Par. (5). Pub. L. 98–369, § 1011(a)(3), redesignated par.
(5) as (3).
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–369 effective Oct. 1, 1984, to
apply with respect to fiscal years beginning after Sept.
30, 1984, see section 1013 of Pub. L. 98–369, set out as a
note under section 13101 of this title.

§ 2103. Superintendence of the merchant marine
The Secretary has general superintendence
over the merchant marine of the United States
and of merchant marine personnel insofar as the
enforcement of this subtitle is concerned and insofar as those vessels and personnel are not subject, under other law, to the supervision of another official of the United States Government.
In the interests of marine safety and seamen’s
welfare, the Secretary shall enforce this subtitle
and shall carry out correctly and uniformly administer this subtitle. The Secretary may prescribe regulations to carry out the provisions of
this subtitle.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 506; Pub. L.
99–307, § 9, May 19, 1986, 100 Stat. 447.)
HISTORICAL AND REVISION NOTES

In chapters 33, 45, 51, 81, and 87 of this title,
‘‘Aleutian trade’’ means the transportation of
cargo (including fishery related products) for
hire on board a fish tender vessel to or from a
place in Alaska west of 153 degrees west lon-

Revised section
2103 ..............................................

Source section (U.S. Code)
46:2
46:372
46:689

Page 27

§ 2107

TITLE 46—SHIPPING

Section 2103 provides the Secretary with the authority to superintend the merchant marine and those involved personnel insofar as the vessels and personnel
are not subject, under other laws, to the supervision of
another official. The Secretary has the duty to enforce
the laws with respect to vessels and seamen and to
carry out correctly and uniformly these laws and regulations. The term ‘‘superintendence’’ is used to indicate
the Secretary’s broad responsibility for overseeing
maritime safety and seamen’s welfare, including employment, shipping, navigation, and protection of the
marine environment.
AMENDMENTS

HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

2105 ..............................................

46:4

Section 2105 requires the Secretary to investigate the
operation of this subtitle and all laws related to maritime safety and requires appropriate reports to ensure
that the Secretary is attentive to all the shipping laws
under the Secretary’s superintendence.

§ 2106. Liability in rem

1986—Pub. L. 99–307 substituted ‘‘subtitle. The Secretary may prescribe regulations to carry out the provisions of this subtitle’’ for ‘‘subtitle and regulations
prescribed under this subtitle’’.

When a vessel is made liable in rem under this
subtitle, the vessel may be libeled and proceeded
against in the district court of the United States
for any district in which the vessel is found.

§ 2104. Delegation

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 506; Pub. L.
109–304, § 15(4), Oct. 6, 2006, 120 Stat. 1702.)

(a) The Secretary may delegate the duties and
powers conferred by this subtitle to any officer,
employee, or member of the Coast Guard, and
may provide for the subdelegation of those duties and powers.
(b) When this subtitle authorizes an officer or
employee of the Customs Service to act in place
of a Coast Guard official, the Secretary may designate that officer or employee subject to the
approval of the Secretary of the Treasury.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 506.)
HISTORICAL AND REVISION NOTES
Revised section
2104 ..............................................

Source section (U.S. Code)
46:65v(1)
46:382b
46:416
46:543
46:689

Section 2104 provides the Secretary with authority to
delegate duties and powers to others. It also contains
the authority to designate an officer or employee of the
United States Customs Service to act in the place of a
Coast Guard official.
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.
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the
Department of the Treasury, including functions of the
Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 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.

§ 2105. Report
The Secretary shall provide for the investigation of the operation of this subtitle and of all
laws related to marine safety, and shall require
that a report be made to the Secretary annually
about those matters that may require improvement or amendment.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 506.)

HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

2106 ..............................................

46:170(14)
46:216e(e)
46:390d
46:391a(14)(C)
46:436
46:462
46:481(c)
46:497
46:526o
46:672(j)
46:1484(b)

Section 2106 provides that when a vessel is made liable in rem the vessel may be libeled and proceeded
against in a United States district court.
AMENDMENTS
2006—Pub. L. 109–304 substituted ‘‘the district court of
the United States for any district’’ for ‘‘a district court
of the United States’’.

§ 2107. Civil penalty procedures
(a) After notice and an opportunity for a hearing, a person found by the Secretary to have violated this subtitle or subtitle VII or a regulation
prescribed under this subtitle or subtitle VII for
which a civil penalty is provided, is liable to the
United States Government for the civil penalty
provided. The amount of the civil penalty shall
be assessed by the Secretary by written notice.
In determining the amount of the penalty, the
Secretary shall consider the nature, circumstances, extent, and gravity of the prohibited
acts committed and, with respect to the violator, the degree of culpability, any history of
prior offenses, ability to pay, and other matters
that justice requires.
(b) The Secretary may compromise, modify, or
remit, with or without consideration, a civil
penalty under this subtitle or subtitle VII until
the assessment is referred to the Attorney General.
(c) If a person fails to pay an assessment of a
civil penalty after it has become final, the Secretary may refer the matter to the Attorney
General for collection in an appropriate district
court of the United States.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 506; Pub. L.
109–241, title III, § 306(b), July 11, 2006, 120 Stat.
528.)

Page 117

§ 7319

TITLE 46—SHIPPING
HISTORICAL AND REVISION NOTES

Revised section
7314 ..............................................

HISTORICAL AND REVISION NOTES

Source section (U.S. Code)
46:672(g)

Section 7314 requires individuals who wish to have
their documents endorsed as a qualified member of the
engine department must have at least 6 months service
as a wiper or coal passer.

§ 7315. Training
(a) Graduation from a nautical school vessel
approved under law and regulation may be substituted for the service requirements under section 7307 or 7314 of this title.
(b) The satisfactory completion of other
courses of instruction approved by the Secretary
may be substituted for not more than one-third
of the required service on deck at sea under sections 7307–7311 of this title.
(c) The satisfactory completion of other
courses of instruction approved by the Secretary
may be substituted for not more than one-half
of the required service at sea under section 7314
of this title.

Revised section

Source section (U.S. Code)

7317(a) .........................................

Section 7317(a) establishes the minimum standards an
individual must meet in order to qualify for an endorsement as tankerman for various types of oil or hazardous substances.
Subsection (b) specifies that the tankerman’s endorsement must specify the grades or types of cargo
the holder is qualified and allowed to handle.

§ 7318. Radiotelegraph operators on Great Lakes
(a) A radiotelegraph operator on the Great
Lakes only shall have a first-class or secondclass radiotelegraph operator’s license issued by
the Federal Communications Commission.
(b) An endorsement as radiotelegraph operator
on the Great Lakes only ends if the holder
ceases to hold the license issued by the Commission.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 545.)
HISTORICAL AND REVISION NOTES
Revised section

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 544.)

Source section (U.S. Code)

7318 ..............................................

HISTORICAL AND REVISION NOTES
Revised section
7315 ..............................................

§ 7316. Lifeboatmen
To qualify for an endorsement as lifeboatman,
an applicant must provide satisfactory proof
that the applicant—
(1) has the service or training required by
regulation;
(2) is qualified professionally as demonstrated by examination; and
(3) is qualified professionally by actual demonstration.

Section 7318 specifies that radiotelegraph operators
on the Great Lakes shall have a first-class or secondclass radiotelegraph operator’s license issued by the
FCC and need not be licensed as a radio operator by the
Coast Guard. However, an endorsement as radio telegraph operator has to be noted on his merchant mariners’ document. If the holder ceases to have a valid
FCC license, then the endorsement is terminated automatically without recourse to suspension and revocation proceedings.

§ 7319. Records of merchant mariners’ documents
The Secretary shall maintain records on each
merchant mariner’s document issued, including
the name and address of the seaman to whom issued and the next of kin of the seaman.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 545; Pub. L.
108–293, title IV, § 403, Aug. 9, 2004, 118 Stat. 1043.)

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 544.)

HISTORICAL AND REVISION NOTES

HISTORICAL AND REVISION NOTES

7316 ..............................................

46:229c
46:229g
46:643(a)

Source section (U.S. Code)
46:672(c)

Section 7315 specifies the training or course work
that may be substituted for service requirements for an
endorsement as an able seaman or a qualified member
of the engine department.

Revised section

46:391a(10)(C)

Source section (U.S. Code)
46:643(l)

Section 7316 establishes the minimum standards an
individual must meet in order to qualify for an endorsement as lifeboatman.

Revised section

Source section (U.S. Code)

7319 ..............................................

46:643(f)

Section 7319 requires the Secretary to maintain
records on each merchant mariner’s document issued
and the seaman’s next of kin. However, these records
are not open for general or public inspection.
AMENDMENTS

§ 7317. Tankermen
(a) The Secretary shall prescribe procedures,
standards, and qualifications for the issuance of
certificates or endorsements as tankerman,
stating the types of oil or hazardous material
that can be handled with safety to the vessel
and the marine environment.
(b) An endorsement as tankerman shall indicate the grades or types of cargo the holder is
qualified and authorized to handle with safety
on board vessels.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 545.)

2004—Pub. L. 108–293 struck out at end ‘‘The records
are not open to general or public inspection.’’

CHAPTER 75—GENERAL PROCEDURES FOR
LICENSING, CERTIFICATION, AND DOCUMENTATION
Sec.

7501.
7502.
7503.
7504.
7505.

Duplicates.
Records.
Dangerous drugs as grounds for denial.
Travel and expense reimbursement.
Review of information in National Driver
Register.