§3306. Regulations
(a) To carry out this part and to secure the safety of individuals and property on board vessels subject to inspection, including covered small passenger vessels (as defined in subsection (n)(5)), the Secretary shall prescribe necessary regulations to ensure the proper execution of, and to carry out, this part in the most effective manner for-
(1) the design, construction, alteration, repair, and operation of those vessels, including superstructures, hulls, fittings, equipment, appliances, propulsion machinery, auxiliary machinery, boilers, unfired pressure vessels, piping, electric installations, and accommodations for passengers and crew, sailing school instructors, and sailing school students;
(2) lifesaving equipment and its use;
(3) firefighting equipment, its use, and precautionary measures to guard against fire;
(4) inspections and tests related to paragraphs (1), (2), and (3) of this subsection; and
(5) the use of vessel stores and other supplies of a dangerous nature, including rechargeable devices utilized for personal or commercial electronic equipment.
(b)(1) Equipment and material subject to regulation under this section may not be used on any vessel without prior approval of the Secretary.
(2) Except with respect to use on a public vessel, the Secretary may treat an approval of equipment or materials by a foreign government as approval by the Secretary for purposes of paragraph (1) if the Secretary determines that-
(A) the design standards and testing procedures used by that government meet the requirements of the International Convention for the Safety of Life at Sea, 1974;
(B) the approval of the equipment or material by the foreign government will secure the safety of individuals and property on board vessels subject to inspection; and
(C) for lifesaving equipment, the foreign government-
(i) has given equivalent treatment to approvals of lifesaving equipment by the Secretary; and
(ii) otherwise ensures that lifesaving equipment approved by the Secretary may be used on vessels that are documented and subject to inspection under the laws of that country.
(c) In prescribing regulations for sailing school vessels, the Secretary shall consult with representatives of the private sector having experience in the operation of vessels likely to be certificated as sailing school vessels. The regulations shall-
(1) reflect the specialized nature of sailing school vessel operations, and the character, design, and construction of vessels operating as sailing school vessels; and
(2) include requirements for notice to sailing school instructors and sailing school students about the specialized nature of sailing school vessels and applicable safety regulations.
(d) In prescribing regulations for nautical school vessels operated by the United States Merchant Marine Academy or by a State maritime academy (as defined in section 51102 of this title), the Secretary shall consider the function, purpose, and operation of the vessels, their routes, and the number of individuals who may be carried on the vessels.
(e) When the Secretary finds it in the public interest, the Secretary may suspend or grant exemptions from the requirements of a regulation prescribed under this section related to lifesaving and firefighting equipment, muster lists, ground tackle and hawsers, and bilge systems.
(f) In prescribing regulations for offshore supply vessels, the Secretary shall consider the characteristics, methods of operation, and the nature of the service of offshore supply vessels.
(g) In prescribing regulations for fish processing or fish tender vessels, the Secretary shall consult with representatives of the private sector having experience in the operation of these vessels. The regulations shall reflect the specialized nature and economics of fish processing or fish tender vessel operations and the character, design, and construction of fish processing or fish tender vessels.
(h) The Secretary shall establish appropriate structural fire protection, manning, operating, and equipment requirements for vessels of at least 100 gross tons but less than 300 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 carrying not more than 150 passengers on domestic voyages, which meet the eligibility criteria of section 2113(4) of this title.
(i) The Secretary shall establish appropriate structural fire protection, manning, operating, and equipment requirements for former public vessels of the United States of at least 100 gross tons but less that 500 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 carrying not more than 150 passengers on domestic voyages, which meet the eligibility criteria of section 2113(4) of this title.
(j) The Secretary may establish by regulation a safety management system appropriate for the characteristics, methods of operation, and nature of service of towing vessels.
(k)(1) Each vessel of the United States that is constructed under a contract entered into after the date of enactment of the Maritime Safety Act of 2010, or that is delivered after January 1, 2011, with an aggregate capacity of 600 cubic meters or more of oil fuel, shall comply with the requirements of Regulation 12A under Annex I to the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973, entitled "Oil Fuel Tank Protection".
(2) The Secretary may prescribe regulations to apply the requirements described in Regulation 12A to vessels described in paragraph (1) that are not otherwise subject to that convention. Any such regulation shall be considered to be an interpretive rule for the purposes of section 553 of title 5.
(3) In this subsection the term "oil fuel" means any oil used as fuel in connection with the propulsion and auxiliary machinery of the vessel in which such oil is carried.
(l)(1) The Secretary shall require that a freight vessel inspected under this chapter be outfitted with distress signaling and location technology for the higher of-
(A) the minimum complement of officers and crew specified on the certificate of inspection for such vessel; or
(B) the number of persons onboard the vessel; and
(2) the requirement described in paragraph (1) shall not apply to vessels operating within the baseline from which the territorial sea of the United States is measured.
(m)(1) The Secretary shall promulgate regulations requiring companies to maintain records of all incremental weight changes made to freight vessels inspected under this chapter, and to track weight changes over time to facilitate rapid determination of the aggregate total.
(2) Records maintained under paragraph (1) shall be stored, in paper or electronic form, onboard such vessels for not less than 3 years and shoreside for the life of the vessel.
(n)
(1)
(2)
(3)
(A)
(i) marine firefighting training programs to improve crewmember training and proficiency, including emergency egress training for each member of the crew, to occur for all members on the crew-
(I) at least monthly while such members are employed on board the vessel; and
(II) each time a new crewmember joins the crew of such vessel;
(ii) in all areas on board the vessel where passengers and crew have access, including dining areas, sleeping quarters, and lounges-
(I) interconnected fire detection equipment, including audible and visual alarms; and
(II) additional fire extinguishers and other firefighting equipment;
(iii) the installation and use of monitoring devices to ensure the wakefulness of the required night watch;
(iv) increased fire detection and suppression systems (including additional fire extinguishers) on board such vessels in unmanned areas with machinery or areas with other potential heat sources;
(v) all general areas accessible to passengers to have no less than 2 independent avenues of escape that are-
(I) constructed and arranged to allow for free and unobstructed egress from such areas;
(II) located so that if one avenue of escape is not available, another avenue of escape is available; and
(III) not located directly above, or dependent on, a berth;
(vi) the handling, storage, and operation of flammable items, such as rechargeable batteries, including lithium ion batteries utilized for commercial purposes on board such vessels;
(vii) passenger emergency egress drills for all areas on the vessel to which passengers have access, which shall occur prior to the vessel beginning each excursion; and
(viii) all passengers to be provided a copy of the emergency egress plan for the vessel.
(B)
(4)
(A)
(B)
(5)
(A) except as provided in subparagraph (B), means a small passenger vessel (as defined in section 2101) that-
(i) has overnight passenger accommodations; or
(ii) is operating on a coastwise or oceans route; and
(B) does not include a ferry (as defined in section 2101) or fishing vessel (as defined in section 2101).
(
| Revised section | Source section (U.S. Code) |
|---|---|
| 3306 | 46:366 |
| 46:369 | |
| 46:375 | |
| 46:390b | |
| 46:392 | |
| 46:404 | |
| 46:408 | |
| 46:411 | |
| 46:412 | |
| 46:416 | |
| 46:420 | |
| 46:445 | |
| 46:459 | |
| 46:473 | |
| 46:477 | |
| 46:478 | |
| 46:479 | |
| 46:481 | |
| 46:482 | |
| 46:483 | |
| 46:489 | |
| 46:526p | |
| 46:1295f(c) |
Section 3306 contains broad authority to prescribe regulations for the proper inspection and certification of vessels. It provides regulatory flexibility for meeting technological changes. The section also permits flexibility in prescribing regulations for nautical school vessels operated by the United States Merchant Marine Academy or by a State maritime academy. The Secretary may suspend or grant exemptions to certain limited inspection requirements when the Secretary finds that this is necessary in the public interest. It also contains the requirement that in regulating offshore supply vessels consideration must be given to the special nature of their operations.
Editorial Notes
References in Text
The date of enactment of the Maritime Safety Act of 2010, referred to in subsec. (k)(1), is the date of enactment of title VI of
The date of enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020, referred to in subsec. (n)(2), is the date of enactment of div. G of
Amendments
2021-Subsec. (a).
Subsec. (a)(5).
Subsec. (n).
2018-Subsec. (i).
Subsecs. (l), (m).
2010-Subsec. (k).
2006-Subsec. (d).
2004-Subsec. (j).
1996-Subsec. (a)(4).
Subsec. (b).
Subsec. (h).
Subsec. (i).
1993-Subsecs. (h), (i).
1984-Subsec. (g).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Apr. 15, 1984, see section 2(g)(1) of
Small Passenger Vessels With Overnight Accommodations
"(1)
"(A)
"(B)
"(C)
"(2)
"(3)
"(4)
"(A) is engaged in 'charter fishing' as such term is defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802); and
"(B) has overnight accommodations for passengers."
Regulations
"(b) The Secretary of Transportation shall, within twenty-four months of the date of enactment of this Act [Dec. 20, 1993], prescribe regulations establishing the structural fire protection, manning, operating, and equipment requirements for vessels which meet the requirements of subsections (h) and (i) of section 3306 of title 46, United States Code, as amended by this Act.
"(c) Before the Secretary of Transportation prescribes regulations under subsections (h) and (i) of section 3306 of title 46, United States Code, as amended by this Act, the Secretary may prescribe the route, service, manning, and equipment for those vessels based on existing passenger vessel and small passenger vessel regulations."
Deadlines for Implementation of Distress Signaling and Location Technology Requirement and Promulgation of Incremental Weight Change Records Regulations
"(A) begin implementing the requirement under section 3306(l) of title 46, United States Code, as amended by this subsection, by not later than 1 year after the date of the enactment of this Act [Oct. 11, 2018]; and
"(B) promulgate the regulations required under section 3306(m) of title 46, United States Code, as amended by this subsection, by not later than 1 year after the date of the enactment of this Act."
[For definition of "Secretary" as used in section 206(a)(2) of
Oil Spill Response; Exceptions to Regulations for Towing Vessels
"(a)
"(1) an oil spill response vessel, or a vessel of opportunity, while such vessel is-
"(A) towing boom for oil spill response; or
"(B) participating in an oil response exercise; and
"(2) a fishing vessel while that vessel is operating as a vessel of opportunity.
"(b)
"(c)
"(1)
"(2)
[For definition of "Secretary" as used in section 11316 of
Requirements for DUKW Amphibious Passenger Vessels
"(a)
"(1)
"(2)
"(b)
"(1) A requirement that operators of DUKW amphibious passenger vessels provide reserve buoyancy for such vessels through passive means, including watertight compartmentalization, built-in flotation, or such other means as determined appropriate by the Commandant, in order to ensure that such vessels remain afloat and upright in the event of flooding, including when carrying a full complement of passengers and crew.
"(2) An identification, in consultation with the Under Secretary of Commerce for Oceans and Atmosphere, of limiting environmental conditions, such as weather, in which DUKW amphibious passenger vessels may safely operate and a requirement that such limiting conditions be described in the certificate of inspection of each DUKW amphibious passenger vessel.
"(3) Requirements that an operator of a DUKW amphibious passenger vessel-
"(A) proceed to the nearest harbor or safe refuge in any case in which a watch or warning is issued for wind speeds exceeding the wind speed equivalent used to certify the stability of such DUKW amphibious passenger vessel; and
"(B) maintain and monitor a weather monitor radio receiver at the operator station of the vessel that is automatically activated by the warning alarm device of the National Weather Service.
"(4) A requirement that-
"(A) operators of DUKW amphibious passenger vessels inform passengers that seat belts may not be worn during waterborne operations;
"(B) before the commencement of waterborne operations, a crew member shall visually check that the seatbelt of each passenger is unbuckled; and
"(C) operators or crew maintain a log recording the actions described in subparagraphs (A) and (B).
"(5) A requirement for annual training for operators and crew of DUKW amphibious passenger vessels, including-
"(A) training for personal flotation and seat belt requirements, verifying the integrity of the vessel at the onset of each waterborne departure, identification of weather hazards, and use of National Weather Service resources prior to operation; and
"(B) training for crew to respond to emergency situations, including flooding, engine compartment fires, man-overboard situations, and in water emergency egress procedures.
"(c)
"(d)
"(e)
"(f)
"(1) Remove the canopies and any window coverings of such vessels for waterborne operations, or install in such vessels a canopy that does not restrict horizontal or vertical escape by passengers in the event of flooding or sinking.
"(2) If a canopy and window coverings are removed from any such vessel pursuant to paragraph (1), require that all passengers wear a personal flotation device approved by the Coast Guard before the onset of waterborne operations of such vessel.
"(3) Reengineer such vessels to permanently close all unnecessary access plugs and reduce all through-hull penetrations to the minimum number and size necessary for operation.
"(4) Install in such vessels independently powered electric bilge pumps that are capable of dewatering such vessels at the volume of the largest remaining penetration in order to supplement an operable Higgins pump or a dewatering pump of equivalent or greater capacity.
"(5) Install in such vessels not fewer than 4 independently powered bilge alarms.
"(6) Conduct an in-water inspection of any such vessel after each time a through-hull penetration of such vessel has been removed or uncovered.
"(7) Verify through an in-water inspection the watertight integrity of any such vessel at the outset of each waterborne departure of such vessel.
"(8) Install underwater LED lights that activate automatically in an emergency.
"(9) Otherwise comply with any other provisions of relevant Coast Guard guidance or instructions in the inspection, configuration, and operation of such vessels.
"(g)
"(h)
"(1)
"(2)
Historic Wood Sailing Vessels
"(a)
"(1)
"(2)
"(A) An assessment of the compliance, as of the date on which the report is submitted under paragraph (1), of historic wood sailing vessels with section 3306(n)(3)(A)(v) of title 46, United States Code.
"(B) An assessment of the safety record of historic wood sailing vessels.
"(C) An assessment of any risk that modifying the requirements under such section would have on the safety of passengers and crew of historic wood sailing vessels.
"(D) An evaluation of the economic practicability of requiring the compliance of historic wood sailing vessels with such section and whether such compliance would meaningfully improve safety of passengers and crew in a manner that is both feasible and economically practicable.
"(E) Any recommendations to improve safety in addition to, or in lieu of, applying such section to historic wood sailing vessels.
"(F) Any other recommendations as the Comptroller General determines are appropriate with respect to the applicability of such section to historic wood sailing vessels.
"(G) An assessment to determine if historic wood sailing vessels could be provided an exemption to such section and the changes to legislative or rulemaking requirements, including modifications to section 177.500(q) of title 46, Code of Federal Regulations (as in effect on the date of enactment of this Act [Dec. 23, 2022]), that are necessary to provide the Commandant [of the Coast Guard] the authority to make such exemption or to otherwise provide for such exemption.
"(b)
"(1) the National Transportation Safety Board;
"(2) the Coast Guard; and
"(3) the maritime industry, including relevant federally funded research institutions, nongovernmental organizations, and academia.
"(c)
"(d)
"(1)
"(A) determines that it is technically infeasible for the historic wood sailing vessel to comply with the requirements described in section 3306(n)(3)(A)(v) of title 46, United States Code, due to its age; and
"(B) approves the alternative arrangements proposed for the historic wood sailing vessel in accordance with paragraph (2).
"(2)
"(e)
"(f)
"(g)
"(1)
"(A) Adventuress (Official Number 210877).
"(B) American Eagle (Official Number 229913).
"(C) Angelique (Official Number 623562).
"(D) Heritage (Official Number 649561).
"(E) J & E Riggin (Official Number 226422).
"(F) Ladona (Official Number 222228).
"(G) Lady Washington (Official Number 944970).
"(H) Lettie G. Howard (Official Number 222838).
"(I) Lewis R. French (Official Number 015801).
"(J) Mary Day (Official Number 288714).
"(K) Stephen Taber (Official Number 115409).
"(L) Victory Chimes (Official Number 136784).
"(M) Grace Bailey (Official Number 085754).
"(N) Mercantile (Official Number 214388).
"(O) Mistress (Official Number 509004).
"(P) Wendameen (Official Number 210173).
"(2)
"(A) has overnight passenger accommodations;
"(B) is a wood sailing vessel;
"(C) has a hull constructed of wood;
"(D) is principally equipped for propulsion by sail, even if the vessel has an auxiliary means of production;
"(E) has no fewer than three masts; and
"(F) was constructed before 1986."
Alcohol at Sea
"(a)
"(b)
"(1) take into account the safety and security of every individual on the vessel;
"(2) take into account reported incidences of sexual harassment or sexual assault, as defined in section 2101 of title 46, United States Code; and
"(3) provide any appropriate recommendations for any changes to laws, regulations, or employer policies.
"(c)
"(d)
"(1) shall, not later than 180 days after receiving the submission of the assessment under subsection (c), review the changes to regulations recommended in such assessment; and
"(2) taking into account the safety and security of every individual on vessels of the United States engaged in commercial service, may issue regulations relating to alcohol consumption on such vessels.
"(e)
"(1) the owner or operator of a vessel from imposing additional restrictions on the consumption of alcohol, including the prohibition of the consumption of alcohol on such vessels; and
"(2) possession of alcohol associated with the commercial sale to individuals aboard the vessel who are not crew members.
"(f)
"(1) containing the rationale for not issuing such regulations; and
"(2) providing other recommendations as necessary to ensure safety at sea."
[For definition of "Secretary" as used in section 11606 of
Negotiations To Amend International Regulations Related to Vessel Equipment
Towing Vessels
["Secretary" as used in section 701(c) of
Foreign Approvals
International Convention for Safety of Life at Sea
For International Conventions for the Safety of Life at Sea to which the United States has been a party, see section 1602 of Title 33, Navigation and Navigable Waters, and notes thereunder.