1625-0001 Stat/Authority

Page 493

§ 2307

TITLE 46—SHIPPING

(2) except for a knowing and willful violation,
give the person a reasonable opportunity to
achieve compliance.
(c) The failure to give notice and opportunity
to present views under subsection (b) of this section does not preclude the court from granting
appropriate relief.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 509.)
Historical and Revision Notes
Revised section

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),”.
Effective Date
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].”

Source section (U.S. Code)

Transfer of Functions
2305 ..................................... 46:1485

Section 2305 provides injunctive authority to enjoin the
negligent operation of vessels. This authority can also be
used to enjoin the operation of foreign or domestic vessels on our waters when they are unsuitable for the voyage intended.

§ 2306. Vessel reporting requirements
(a)(1) An owner, charterer, managing operator,
or agent of a vessel of the United States, having
reason to believe (because of lack of communication with or nonappearance of a vessel or any
other incident) that the vessel may have been lost
or imperiled, immediately shall—
(A) notify the Coast Guard; and
(B) use all available means to determine the
status of the vessel.
(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.)

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. Repealed. Pub. L. 115–282, title IV,
§ 402(d), Dec. 4, 2018, 132 Stat. 4264]
Section, added Pub. L. 107–295, title IV, § 431(a), Nov. 25,
2002, 116 Stat. 2128; amended Pub. L. 112–213, title III,
§ 302(a), Dec. 20, 2012, 126 Stat. 1562, related to limitation
of liability for Coast Guard Vessel Traffic Service pilots
and non-Federal vessel traffic service operators.

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.
3105.

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

2018—Pub. L. 115–282, title IV, § 402(a)(2), Dec. 4, 2018,
132 Stat. 4264, added item 3105.
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