1625-0061 Stat/Authority

Page 89
§ 4102. Safety equipment

(a) Each uninspected vessel propelled by machinery shall be provided with the number, type,
and size of fire extinguishers, capable of promptly and effectively extinguishing burning liquid
fuel, that may be prescribed by regulation. The
fire extinguishers shall be kept in condition for
immediate and effective use and so placed as to
be readily accessible.
(b) The Secretary shall prescribe regulations
requiring the installation, maintenance, and use
of life preservers and other lifesaving devices for
individuals on board uninspected vessels.
(c) Each uninspected vessel shall have the carburetors of each engine of the vessel (except an
outboard motor) using gasoline as fuel, equipped
with an efficient flame arrestor, backfire trap,
or other similar device prescribed by regulation.
(d) Each uninspected vessel using a volatile
liquid as fuel shall be provided with the means
prescribed by regulation for properly and efficiently ventilating the bilges of the engine and
fuel tank compartments, so as to remove any
explosive or flammable gases.
(e) Each manned uninspected vessel owned in
the United States and operating beyond 3 nautical miles from the baselines from which the
territorial sea of the United States is measured
or beyond three nautical miles from the coastline of the Great Lakes shall be equipped with
the number and type of alerting and locating
equipment, including emergency position indicating radio beacons, prescribed by the Secretary.
(f)(1) The Secretary, in consultation with the
National Towing Safety Advisory Committee
and taking into consideration the characteristics, methods of operation, and nature of service
of towing vessels, may require the installation,
maintenance, and use of a fire suppression system or other measures to provide adequate assurance that fires on board towing vessels can be
suppressed under reasonably foreseeable circumstances.
(2) The Secretary shall require under paragraph (1) the use of a fire suppression system or
other measures to provide adequate assurance
that a fire on board a towing vessel that is towing a non-self-propelled tank vessel can be suppressed under reasonably foreseeable circumstances.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 528; Pub. L.
99–640, § 16, Nov. 10, 1986, 100 Stat. 3552; Pub. L.
100–424, § 2(c), Sept. 9, 1988, 102 Stat. 1590; Pub. L.
100–540, § 1(a), Oct. 28, 1988, 102 Stat. 2719; Pub. L.
104–324, title IX, § 902(a), Oct. 19, 1996, 110 Stat.
3947; Pub. L. 105–383, title III, § 301(b)(3), Nov. 13,
1998, 112 Stat. 3417; Pub. L. 111–281, title VI, § 619,
Oct. 15, 2010, 124 Stat. 2975; Pub. L. 115–282, title
VI, § 601(c)(6)(B)(ii), Dec. 4, 2018, 132 Stat. 4290.)
HISTORICAL AND REVISION NOTES
Revised section
4102(a)
4102(b)
4102(c)
4102(d)

§ 4103

TITLE 46—SHIPPING

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Source section (U.S. Code)
46:526g
46:526e
46:526i
46:526j

Section 4102 requires uninspected vessels to comply
with certain provisions that incorporate minimum
safety equipment and construction requirements. The

Committee intends that the term life preserver include
all types of personal equipment, including exposure
suits with floatation characteristics.
Editorial Notes
AMENDMENTS
2018—Subsec. (f)(1). Pub. L. 115–282 inserted ‘‘National’’ before ‘‘Towing Safety’’.
2010—Subsec. (b). Pub. L. 111–281 amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows: ‘‘Each uninspected vessel propelled by machinery
shall carry at least one readily accessible life preserver
or other lifesaving device, of the type prescribed by
regulation, for each individual on board.’’
1998—Subsec. (e). Pub. L. 105–383 substituted ‘‘owned
in the United States and operating beyond 3 nautical
miles from the baselines from which the territorial sea
of the United States is measured’’ for ‘‘operating on the
high seas’’.
1996—Subsec. (f). Pub. L. 104–324 added subsec. (f).
1988—Subsec. (e). Pub. L. 100–540 amended subsec. (e)
generally without regard to the prior repeal of subsec.
(e) by Pub. L. 100–424.
Pub. L. 100–424 struck out subsec. (e) which read as
follows: ‘‘Each uninspected fishing, fish processing, or
fish tender vessel operating on the high seas shall be
equipped with the number and type of emergency
position indicating radio beacons prescribed by regulation.’’ See section 4502(a)(7) of this title.
1986—Subsec. (e). Pub. L. 99–640 added subsec. (e).
Statutory Notes and Related Subsidiaries
REGULATIONS
Pub. L. 104–324, title IX, § 902(b), Oct. 19, 1996, 110 Stat.
3947, provided that: ‘‘The Secretary of the department
in which the Coast Guard is operating shall issue regulations establishing the requirement described in subsection (f)(2) of section 4102 of title 46, United States
Code, as added by this section, by not later than October 1, 1997.’’
Executive Documents
TERRITORIAL SEA OF UNITED STATES
For extension of territorial sea of United States, see
Proc. No. 5928, set out as a note under section 1331 of
Title 43, Public Lands.

§ 4103. Exemptions
(a) The Secretary may exempt a vessel from
any part of this chapter if, under regulations
prescribed by the Secretary (including regulations on special operating conditions), the Secretary finds that—
(1) good cause exists for granting an exemption; and
(2) the safety of the vessel and individuals on
board will not be adversely affected.
(b) Section 4102(a) of this title does not apply
to a vessel propelled by outboard motors when
competing in a race previously arranged and announced or, if the vessel is designed and intended only for racing, when operated incidental
to tuning up the vessel and its engines for the
race.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 529; Pub. L.
100–540, § 2, Oct. 28, 1988, 102 Stat. 2719.)
HISTORICAL AND REVISION NOTES
Revised section
4103 ..............................................

Source section (U.S. Code)
46:525h