1625-0044 Stat/Auth

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§ 3102

TITLE 46—SHIPPING

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.

§ 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.)
HISTORICAL AND REVISION NOTES
Revised section
3101 ..............................................

Source section (U.S. Code)
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.
Statutory Notes and Related Subsidiaries
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.]
Executive Documents
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, 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.)
Editorial Notes
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).
Statutory Notes and Related Subsidiaries
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

TITLE 46—SHIPPING

§ 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) REQUIREMENT TO EQUIP.—The Secretary
shall require that a passenger vessel be equipped
with survival craft that ensures that no part of
an individual is immersed in water, if—
(1) such vessel is built or undergoes a major
conversion after January 1, 2016; and
(2) operates in cold waters as determined by
the Secretary.
(b) HIGHER STANDARD OF SAFETY.—The Secretary may revise part 117 or part 180 of title 46,
Code of Federal Regulations, as in effect before
January 1, 2016, if such revision provides a higher standard of safety than is provided by the regulations in effect on or before the date of the enactment of the Coast Guard Authorization Act
of 2016.
(c) INNOVATIVE AND NOVEL DESIGNS.—The Secretary may, in lieu of the requirements set out
in part 117 or part 180 of title 46, Code of Federal
Regulations, as in effect on the date of the enactment of the Coast Guard Authorization Act
of 2016, allow a passenger vessel to be equipped
with a life-saving appliance or arrangement of
an innovative or novel design that—
(1) ensures no part of an individual is immersed in water; and
(2) provides an equal or higher standard of
safety than is provided by such requirements
as in effect before such date of the enactment.
(d) BUILT DEFINED.—In this section, the term
‘‘built’’ has the meaning that term has under
section 4503(d).
(Added Pub. L. 111–281, title VI, § 609(a), Oct. 15,
2010, 124 Stat. 2968; amended Pub. L. 112–213, title
III, § 303, Dec. 20, 2012, 126 Stat. 1563; Pub. L.
114–120, title III, § 301(a), Feb. 8, 2016, 130 Stat. 50;
Pub. L. 114–328, div. C, title XXXV, § 3503(a), Dec.
23, 2016, 130 Stat. 2775; Pub. L. 115–282, title V,
§ 508(e), Dec. 4, 2018, 132 Stat. 4273.)
Editorial Notes
REFERENCES IN TEXT
The date of the enactment of the Coast Guard Authorization Act of 2016, referred to in subsecs. (b) and
(c), is the date of enactment of Pub. L. 114–120, which
was approved Feb. 8, 2016.
AMENDMENTS
2018—Subsec. (d). Pub. L. 115–282 substituted ‘‘section
4503(d)’’ for ‘‘section 4503(e)’’.
2016—Pub. L. 114–120 amended section generally. Prior
to amendment, section related to survival craft.
Subsecs. (b), (c). Pub. L. 114–328 substituted ‘‘Coast
Guard Authorization Act of 2016’’ for ‘‘Coast Guard Authorization Act of 2015’’.
2012—Subsec. (b). Pub. L. 112–213, § 303(1), substituted
‘‘the date that is 30 months after the date on which the

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report described in subsection (c) is submitted’’ for
‘‘January 1, 2015’’ in introductory provisions.
Subsec. (c). Pub. L. 112–213, § 303(2), added subsec. (c).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2016 AMENDMENT
Amendment by Pub. L. 114–328 effective as if included
in the enactment of Pub. L. 114–120, see section 3503(e)
of Pub. L. 114–328, set out as a note under section 315 of
Title 14, Coast Guard.
REVIEW; REVISION OF REGULATIONS
Pub. L. 114–120, title III, § 301(b), Feb. 8, 2016, 130 Stat.
50, provided that:
‘‘(1) REVIEW.—Not later than December 31, 2016, the
Secretary of the department in which the Coast Guard
is operating shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a review of—
‘‘(A) the number of casualties for individuals with
disabilities, children, and the elderly as a result of
immersion in water, reported to the Coast Guard over
the preceding 30-year period, by vessel type and area
of operation;
‘‘(B) the risks to individuals with disabilities, children, and the elderly as a result of immersion in
water, by passenger vessel type and area of operation;
‘‘(C) the effect that carriage of survival craft that
ensure that no part of an individual is immersed in
water has on—
‘‘(i) passenger vessel safety, including stability
and safe navigation;
‘‘(ii) improving the survivability of individuals,
including individuals with disabilities, children,
and the elderly; and
‘‘(iii) the costs, the incremental cost difference to
vessel operators, and the cost effectiveness of requiring the carriage of such survival craft to address the risks to individuals with disabilities, children, and the elderly;
‘‘(D) the efficacy of alternative safety systems, devices, or measures in improving survivability of individuals with disabilities, children, and the elderly;
and
‘‘(E) the number of small businesses and nonprofit
vessel operators that would be affected by requiring
the carriage of such survival craft on passenger vessels to address the risks to individuals with disabilities, children, and the elderly.
‘‘(2) SCOPE.—In conducting the review under paragraph (1), the Secretary shall include an examination
of passenger vessel casualties that have occurred in the
waters of other nations.
‘‘(3) UPDATES.—The Secretary shall update the review
required under paragraph (1) every 5 years.
‘‘(4) REVISION.—Based on the review conducted under
paragraph (1), including updates thereto, the Secretary
shall revise regulations concerning the carriage of survival craft under section 3104(c) of title 46, United
States Code.’’

§ 3105. Electronic charts
(a) SYSTEM REQUIREMENTS.—
(1) ELECTRONIC CHARTS IN LIEU OF MARINE
CHARTS, CHARTS, AND MAPS.—Subject to paragraph (2), the following vessels, while operating on the navigable waters of the United
States, equipped with and operating electronic
navigational charts that are produced by a
government hydrographic office or conform to
a standard acceptable to the Secretary, shall
be deemed in compliance with any requirement under title 33 or title 46, Code of Federal
Regulations, to have a chart, marine chart, or
map on board such vessel: