1625-0017 Stat/Authority

Page 59

TITLE 46—SHIPPING

prohibiting any government official from disclosing the
identity or source of the information except as authorized by the Secretary.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Apr. 15, 1984, see section 2(g)(1) of
Pub. L. 98–89, set out as a note under section 3101 of
this title.
ANONYMOUS SAFETY ALERT SYSTEM
Pub. L. 115–265, title II, § 217, Oct. 11, 2018, 132 Stat.
3752, provided that:
‘‘(a) PILOT PROGRAM.—Not later than 1 year after the
date of enactment of this Act [Oct. 11, 2018], the Commandant [of the Coast Guard] shall establish an anonymous safety alert pilot program.
‘‘(b) REQUIREMENTS.—The pilot program established
under subsection (a) shall provide an anonymous reporting mechanism to allow crew members to communicate urgent and dire safety concerns directly and in
a timely manner with the Coast Guard.’’

§ 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;
(B) if the foreign classification society has
offices and maintains records in the United
States; and
(C) if the Secretary of State determines that
the foreign classification society does not pro-

§ 3316

vide comparable services in or for a state
sponsor of terrorism.
(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.
(c)(1) A classification society (including an
employee or agent of that society) may not review, examine, survey, or certify the construction, repair, or alteration of a vessel in the
United States unless the society has applied for
approval under this subsection and the Secretary has reviewed and approved that society
with respect to the conduct of that society
under paragraph (2).
(2) The Secretary may approve a person for
purposes of paragraph (1) only if the Secretary
determines that—
(A) the vessels surveyed by the person while
acting as a classification society have an adequate safety record; and
(B) the person has an adequate program to—
(i) develop and implement safety standards
for vessels surveyed by the person;
(ii) make the safety records of the person
available to the Secretary in an electronic
format;
(iii) provide the safety records of a vessel
surveyed by the person to any other classification society that requests those records
for the purpose of conducting a survey of the
vessel; and
(iv) request the safety records of a vessel
the person will survey from any classification society that previously surveyed the
vessel.
(d)(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 United States offshore facility, the authority to—
(A) review and approve plans required for
issuing a certificate of inspection, a certificate of compliance, or any other certification
and related documents issued by the Coast
Guard pursuant to regulations issued under
section 30 of the Outer Continental Shelf
Lands Act (43 U.S.C. 1356); and
(B) conduct inspections and examinations.
(2) The Secretary may make a delegation
under paragraph (1) to a foreign classification
society only if—
(A) the foreign society has offices and maintains records in the United States;
(B)(i) the government of the foreign country
in which the foreign society is headquartered
delegates that authority to the American Bureau of Shipping; or

§ 3316

TITLE 46—SHIPPING

(ii) the Secretary has entered into an agreement with the government of the foreign
country in which the foreign society is
headquartered that—
(I) ensures the government of the foreign
country will accept plan review, inspections,
or examinations conducted by the American
Bureau of Shipping and provide equivalent
access to inspect, certify, and provide related services to offshore facilities located
in that country or operating under the authority of that country; and
(II) is in full accord with principles of reciprocity in regards to any delegation contemplated by the Secretary under paragraph
(1); and
(C) the Secretary of State determines that
the foreign classification society does not provide comparable services in or for a state
sponsor of terrorism.
(3) If an inspection or examination is conducted under authority delegated under this
subsection, the person to which the authority
was delegated—
(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
United States offshore facility 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.
(4) For purposes of this subsection—
(A) the term ‘‘offshore facility’’ means any
installation, structure, or other device (including any vessel not documented under
chapter 121 of this title or the laws of another
country), fixed or floating, that dynamically
holds position or is temporarily or permanently attached to the seabed or subsoil under
the sea; and
(B) the term ‘‘United States offshore facility’’ means any offshore facility, fixed or
floating, that dynamically holds position or is
temporarily or permanently attached to the
seabed or subsoil under the territorial sea of
the United States or the outer Continental
Shelf (as that term is defined in section 2 of
the Outer Continental Shelf Lands Act (43
U.S.C. 1331)), including any vessel, rig, platform, or other vehicle or structure subject to
regulation under section 30 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356).
(e) The Secretary shall revoke a delegation
made to a classification society under subsection (b) or (d) if the Secretary of State determines that the classification society provides
comparable services in or for a state sponsor of
terrorism.
(f)(1) Upon request of an owner or operator of
an offshore supply vessel, the Secretary shall
delegate the authorities set forth in paragraph
(1) of subsection (b) with respect to such vessel
to a classification society to which a delegation

Page 60

is authorized under that paragraph. A delegation
by the Secretary under this subsection shall be
used for any vessel inspection and examination
function carried out by the Secretary, including
the issuance of certificates of inspection and all
other related documents.
(2) If the Secretary determines that a certificate of inspection or related document issued
under authority delegated under paragraph (1) of
this subsection with respect to a vessel has reduced the operational safety of that vessel, the
Secretary may terminate the certificate or document, respectively.
(3) Not later than 2 years after the date of the
enactment of the Howard Coble Coast Guard and
Maritime Transportation Act of 2014, and for
each year of the subsequent 2-year period, the
Secretary shall provide to the Committee on
Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing—
(A) the number of vessels for which a delegation was made under paragraph (1);
(B) any savings in personnel and operational
costs incurred by the Coast Guard that resulted from the delegations; and
(C) based on measurable marine casualty
and other data, any impacts of the delegations
on the operational safety of vessels for which
the delegations were made, and on the crew on
those vessels.
(g)(1) There shall be within the Coast Guard an
office that conducts comprehensive and targeted
oversight of all recognized organizations that
act on behalf of the Coast Guard.
(2) The staff of the office shall include subject
matter experts, including inspectors, investigators, and auditors, who possess the capability
and authority to audit all aspects of such recognized organizations.
(3) In this subsection the term ‘‘recognized organization’’ has the meaning given that term in
section 2.45–1 of title 46, Code of Federal Regulations, as in effect on the date of the enactment
of the Hamm Alert Maritime Safety Act of 2018.
(h) In this section, the term ‘‘state sponsor of
terrorism’’ means any country the government
of which the Secretary of State has determined
has repeatedly provided support for acts of
international terrorism pursuant to section 6(j) 1
of the Export Administration Act of 1979 (as continued in effect under the International Emergency Economic Powers Act), section 620A of
the Foreign Assistance Act of 1961, section 40 of
the Arms Export Control Act, or any other provision of law.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 516; Pub. L.
104–324, title VI, § 607(a), (b)(1), Oct. 19, 1996, 110
Stat. 3931, 3932; Pub. L. 108–293, title IV, § 413(a),
Aug. 9, 2004, 118 Stat. 1046; Pub. L. 111–281, title
VI, § 622, Oct. 15, 2010, 124 Stat. 2978; Pub. L.
112–213, title III, § 304, Dec. 20, 2012, 126 Stat. 1563;
Pub. L. 113–281, title III, § 315, Dec. 18, 2014, 128
Stat. 3050; Pub. L. 115–265, title II, § 215(a), Oct.
11, 2018, 132 Stat. 3751.)
1 See

References in Text note below.

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§ 3316

TITLE 46—SHIPPING
HISTORICAL AND REVISION NOTES

Revised section

Source section (U.S. Code)

3316 ..............................................

46:9 (less (c))
46:369
46:881

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.
Editorial Notes
REFERENCES IN TEXT
The date of the enactment of the Howard Coble Coast
Guard and Maritime Transportation Act of 2014, referred to in subsec. (f)(3), is the date of enactment of
Pub. L. 113–281, which was approved Dec. 18, 2014.
The date of the enactment of the Hamm Alert Maritime Safety Act of 2018, referred to in subsec. (g)(3), is
the date of enactment of Pub. L. 115–265, which was approved Oct. 11, 2018.
Section 6(j) of the Export Administration Act of 1979,
referred to in subsec. (h), was classified to section
4605(j) of Title 50, War and National Defense, prior to
repeal by Pub. L. 115–232, div. A, title XVII, § 1766(a),
Aug. 13, 2018, 132 Stat. 2232.
The International Emergency Economic Powers Act,
referred to in subsec. (h), is title II of Pub. L. 95–223,
Dec. 28, 1977, 91 Stat. 1626, which is classified generally
to chapter 35 (§ 1701 et seq.) of Title 50, War and National Defense. For complete classification of this Act
to the Code, see Short Title note set out under section
1701 of Title 50 and Tables.
Section 620A of the Foreign Assistance Act of 1961, referred to in subsec. (h), is classified to section 2371 of
Title 22, Foreign Relations and Intercourse.
Section 40 of the Arms Export Control Act, referred
to in subsec. (h), is classified to section 2780 of Title 22,
Foreign Relations and Intercourse.
AMENDMENTS
2018—Subsecs. (g), (h). Pub. L. 115–265 added subsec.
(g) and redesignated former subsec. (g) as (h).
2014—Subsecs. (f), (g). Pub. L. 113–281 added subsec. (f)
and redesignated former subsec. (f) as (g).
2012—Subsec. (b)(2)(C). Pub. L. 112–213, § 304(1), added
subpar. (C).
Subsec. (d)(2)(C). Pub. L. 112–213, § 304(2), added subpar. (C).
Subsecs. (e), (f). Pub. L. 112–213, § 304(3), added subsecs. (e) and (f).
2010—Subsec. (c). Pub. L. 111–281, § 622(b), added par.
(1) and struck out former par. (1) which read as follows:
‘‘A classification society (including an employee or
agent of that society) may not review, examine, survey,

or certify the construction, repair, or alteration of a
vessel in the United States unless—
‘‘(A) the society has applied for approval under this
subsection and the Secretary has reviewed and approved that society with respect to the conduct of
that society under paragraph (2); or
‘‘(B) the society is a full member of the International Association of Classification Societies.’’
Subsec. (d). Pub. L. 111–281, § 622(a), added subsec. (d).
2004—Subsec. (c). Pub. L. 108–293 added subsec. (c).
1996—Pub. L. 104–324, § 607(b)(1), substituted ‘‘Classification societies’’ for ‘‘United States classification societies’’ in section catchline.
Subsec. (a). Pub. L. 104–324, § 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, § 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, § 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, § 607(a)(2), redesignated
subsec. (c) as (b).
Subsec. (d). Pub. L. 104–324, § 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.’’
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2004 AMENDMENT
Pub. L. 108–293, title IV, § 413(b), Aug. 9, 2004, 118 Stat.
1046, provided that: ‘‘Section 3316(c)(1) of title 46,
United States Code, shall apply with respect to operation as a classification society on or after January 1,
2005.’’
EFFECTIVE DATE
Section effective Apr. 15, 1984, see section 2(g)(1) of
Pub. L. 98–89, set out as a note under section 3101 of
this title.
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.
DEADLINE FOR ESTABLISHMENT OF RECOGNIZED
ORGANIZATION OVERSIGHT OFFICE
Pub. L. 115–265, title II, § 215(b), Oct. 11, 2018, 132 Stat.
3751, provided that: ‘‘The Commandant of the Coast
Guard shall establish the office required by the amendment made by subsection (a) [amending this section] by

§ 3317

TITLE 46—SHIPPING

not later than 2 years after the date of the enactment
of this Act [Oct. 11, 2018].’’
REVIEW OF AUTHORITIES DELEGATED TO RECOGNIZED
ORGANIZATIONS FOR ALTERNATIVE COMPLIANCE PROGRAM

Pub. L. 115–265, title II, § 219, Oct. 11, 2018, 132 Stat.
3752, provided that:
‘‘(a) IN GENERAL.—Not later than 1 year after the
date of the enactment of this Act [Oct. 11, 2018], the
Commandant [of the Coast Guard] shall review the authorities that have been delegated to recognized organizations for the alternative compliance program as described in subpart D of part 8 of title 46, Code of Federal Regulations, and, if necessary, revise or establish
policies and procedures to ensure those delegated authorities are being conducted in a manner to ensure
safe maritime transportation.
‘‘(b) BRIEFING.—Not later than 1 year after the date of
the enactment of this Act, the Commandant shall provide to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a briefing on the implementation of subsection (a).’’
[For definition of ‘‘recognized organizations’’ as used
in section 219 of Pub. L. 115–265, set out above, see section 203 of Pub. L. 115–265, set out as a note under section 2101 of this title.]

§ 3317. Fees
(a) The Secretary may prescribe by regulation
fees for inspecting or examining a small passenger vessel or a sailing school vessel.
(b) When an inspection or examination under
this part of a documented vessel or a foreign
vessel is conducted at a foreign port or place at
the request of the owner or managing operator
of the vessel, the owner or operator shall reimburse the Secretary for the travel and subsistence expenses incurred by the personnel assigned to perform the inspection or examination. Amounts received as reimbursement for
these expenses shall be credited to the appropriation for operations and support of the Coast
Guard.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 517; Pub. L.
102–587, title V, § 5211, Nov. 4, 1992, 106 Stat. 5076;
Pub. L. 116–283, div. G, title LVXXXV [LXXXV],
§ 8513(b), Jan. 1, 2021, 134 Stat. 4761.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

3317 ..............................................

46:390a(b)
46:382b–1

Section 3317 provides the regulatory authority for
prescribing fees for the inspection of small passenger
vessels and sailing school vessels. Although section 2110
generally prohibits fees of this nature, this provision is
consistent with the exception that permits specific
statutory authorization for fee collection. Subsection
(b) requires the reimbursement of expenses for the conduct of an inspection or examination at a foreign port
or place when done there for the convenience of the
owner or operator of the vessel.
Editorial Notes
AMENDMENTS
2021—Subsec. (b). Pub. L. 116–283 substituted ‘‘operations and support’’ for ‘‘operating expenses’’.
1992—Subsec. (b). Pub. L. 102–587 substituted ‘‘under
this part of a documented vessel or a foreign vessel’’ for
‘‘under this chapter of a documented vessel’’.

Page 62

Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Apr. 15, 1984, see section 2(g)(1) of
Pub. L. 98–89, set out as a note under section 3101 of
this title.
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.

§ 3318. Penalties
(a) Except as otherwise provided in this part,
the owner, charterer, managing operator, agent,
master, or individual in charge of a vessel operated in violation of this part or a regulation prescribed under this part, and a person violating a
regulation that applies to a small passenger vessel, freight vessel of less than 100 gross tons as
measured under section 14502 of this title, or an
alternate tonnage measured under section 14302
of this title as prescribed by the Secretary under
section 14104 of this title, or sailing school vessel, are 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.
(b)(1) A person that knowingly manufactures,
sells, offers for sale, or possesses with intent to
sell, any equipment subject to this part, and the
equipment is so defective as to be insufficient to
accomplish the purpose for which it is intended,
commits a class D felony.
(2) A person commits a class D felony if the
person—
(A) alters or services lifesaving, fire safety,
or any other equipment subject to this part for
compensation; and
(B) by that alteration or servicing, intentionally renders that equipment unsafe and
unfit for the purpose for which it is intended.
(c) A person that employs a means or device
whereby a boiler may be subjected to a pressure
greater than allowed by the terms of the vessel’s
certificate of inspection commits a class D felony.
(d) A person that deranges or hinders the operation of any machinery or device employed on a
vessel to denote the state of steam or water in
any boiler or to give warning of approaching
danger, or permits the water level of any boiler
when in operation of a vessel to fall below its
prescribed low-water line, commits a class D felony.
(e) A person that alters, defaces, obliterates,
removes, or destroys any plans or specifications
required by and approved under a regulation
prescribed under section 3306 of this title, with
intent to deceive or impede any official of the
United States in carrying out that official’s duties, commits a class A misdemeanor.
(f) A person commits a class D felony if the
person—
(1) forges or counterfeits with intent to
make it appear genuine any mark or stamp
prescribed for material to be tested and ap-