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Title 46, Chapter 31

Shipping — 5 active sections

Table of Contents (5 sections)

§ 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 foreign-built vessel registered as a vessel of the United States on conditions the President may specify.

§ 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.

§ 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.

§ 3104. Survival craft

  • (a) 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) 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) 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) In this section, the term “built” has the meaning that term has under section 4503(d).

§ 3105. Electronic charts

  • (a)
    • (1) Subject to paragraph (2), the following vessels, while operating on the navigable waters of the United States, shall be equipped with and operate electronic charts under regulations prescribed by the Secretary of the department in which the Coast Guard is operating:
      • (A) A self-propelled commercial vessel of at least 65 feet overall length.
      • (B) A vessel carrying more than a number of passengers for hire determined by the Secretary.
      • (C) A towing vessel of more than 26 feet in overall length and 600 horsepower.
      • (D) Any other vessel for which the Secretary decides that electronic charts are necessary for the safe navigation of the vessel.
    • (2) The Secretary may—
      • (A) exempt a vessel from paragraph (1), if the Secretary finds that electronic charts are not necessary for the safe navigation of the vessel on the waters on which the vessel operates; and
      • (B) waive the application of paragraph (1) with respect to operation of vessels on navigable waters of the United States specified by the Secretary, if the Secretary finds that electronic charts are not needed for safe navigation on those waters.
  • (b) Except pursuant to an international treaty, convention, or agreement, to which the United States is a party, this section shall not apply to any foreign vessel that is not destined for, or departing from, a port or place subject to the jurisdiction of the United States and that is in—
    • (1) innocent passage through the territorial sea of the United States; or
    • (2) transit through the navigable waters of the United States that form a part of an international strait.