Additional Response Assets.—
Vessels exempt from inspection .—
Allowances .—
Definitions .—
Qualified vessel .—
Qualified oil spill .—
Pub. L. 98–8997 Stat. 510 Pub. L. 98–364, title IV, § 402(3)98 Stat. 445 Pub. L. 99–307, § 1(3)100 Stat. 444 Pub. L. 101–595, title III, § 303(a)104 Stat. 2983 Pub. L. 103–206, title III, § 311107 Stat. 2426 Pub. L. 104–324, title VII, § 711110 Stat. 3935 Pub. L. 106–65, div. C, title XXXVI, § 3604113 Stat. 976 Pub. L. 107–295, title II, § 208116 Stat. 2098 Pub. L. 109–241, title III, § 311120 Stat. 530 Pub. L. 109–304, § 15(11)120 Stat. 1703 Pub. L. 115–232, div. C, title XXXV132 Stat. 2319 Pub. L. 117–263, div. K, title CXII, § 11216136 Stat. 4017 Pub. L. 119–60, div. G, title LXXIV, § 7406(a)139 Stat. 1786 (, , ; , , ; , (4), , ; , title VI, §§ 602(b), 603(2), , , 2990, 2993; , , ; , title XI, § 1110, , , 3969; , , ; , , ; , , ; , , ; , §§ 3529(b), 3546(c), , , 2326; , , ; , , .)
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Historical and Revision Notes |
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Revised section | Source section (U.S. Code) |
3302 | 46:367 46:390 46:391(e) 46:404 46:420 46:442 |
Section 3302 does three things. It makes clear that a vessel included in one of the ten categories of vessels subject to inspection is not necessarily excluded from another category of vessel that is subject to inspection. For example, a vessel inspected and certified as a small passenger vessel would, when carrying oil or hazardous materials in bulk as cargo or cargo residue, also have to be inspected as a tank vessel. It makes it clear that a vessel excluded by section 3302 from the requirements of inspection in any one of the ten categories is not necessarily excluded from inspection as a vessel in another category. This section also contains a number of exemptions for certain classes of vessels and for those vessels engaged in a specific trade that have been considered to be of a special circumstance.
Editorial Notes
Amendments
oPub. L. 119–60o2025—Subsec. (). added subsec. ().
Pub. L. 117–263section 3301 of this titlesection 3301(6) of this title2022—Subsec. (m). , in introductory provisions, inserted “or a Great Lakes barge” after “seagoing barge” and substituted “paragraph (6) or (13) of ” for “”.
Pub. L. 115–232, § 3546(c)2018—Subsec. (g)(2). , substituted “This” for “After , this”.
Pub. L. 115–232, § 3529(b)Subsec. (n). , added subsec. (n).
Pub. L. 109–304, § 15(11)(A)2006—Subsec. (b). , inserted comma after “fishing vessel”.
Pub. L. 109–241, § 311(a)section 14502 of this titlesection 14302 of this titlesection 14104 of this titleSubsec. (c)(2). , amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Except as provided in paragraphs (3) and (4) of this subsection, a fish tender vessel of not more than 500 gross tons as measured under , or an alternate tonnage measured under as prescribed by the Secretary under is exempt from section 3301(1), (6), (7), (11), and (12) of this title.”
Pub. L. 109–241, § 311(b)section 14502 of this titlesection 14302 of this titlesection 14302 of this titlesection 14104 of this titleSubsec. (c)(3)(B), (4)(A). , substituted “or less than 500 gross tons as measured under , or is less than 2,500 gross tons as measured under ” for “or an alternate tonnage measured under as prescribed by the Secretary under ”.
Pub. L. 109–304, § 15(11)(B)Subsec. (j)(2)(B). , substituted “chapter 515 of this title” for “section 1304 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1295c)”.
lPub. L. 109–304, § 15(11)(C)Subsec. ()(1)(C). , substituted “Inc.” for “Inc..”.
lPub. L. 107–2952002—Subsec. ()(1)(D) to (F). added subpars. (D) to (F).
lPub. L. 106–651999—Subsec. ()(1)(C). substituted “owned by the National Liberty Ship Memorial, Inc.” for “owned by the United States Maritime Administration”.
Pub. L. 104–324, § 1110(1)1996—Subsec. (b). , substituted “Except as provided in subsection (c)(3) of this section, a fishing vessel” for “A fishing vessel,”.
Pub. L. 104–324section 14502 of this titlesection 14302 of this titlesection 14104 of this titleSubsec. (c)(1). , §§ 711(1), 1110(2), substituted “Except as provided in paragraph (3) of this subsection, a fish processing vessel” for “A fish processing vessel” and inserted “as measured under , or an alternate tonnage measured under as prescribed by the Secretary under ” after “5,000 gross tons”.
Pub. L. 104–324section 14502 of this titlesection 14302 of this titlesection 14104 of this titleSubsec. (c)(2). , §§ 711(2), 1110(3), substituted “Except as provided in paragraphs (3) and (4) of this subsection, a fish tender vessel” for “A fish tender vessel” and inserted “as measured under , or an alternate tonnage measured under as prescribed by the Secretary under ” after “500 gross tons”.
Pub. L. 104–324, § 1110(4)Subsec. (c)(3). , amended par. (3) generally. Prior to amendment, par. (3) read as follows: “A fishing, fish processing, or fish tender vessel of not more than 500 gross tons is exempt from section 3301(1), (6), and (7) of this title if—
“(A) when transporting cargo to or from a place in Alaska—
“(i) that place does not receive weekly common carrier service by water from a place in the United States; or
“(ii) the cargo is of a type not accepted by that common carrier service; or
“(B) in the case of a fish tender vessel, the vessel is not engaged in the Aleutian trade.”
Pub. L. 104–324, § 711(3)section 14502 of this titlesection 14302 of this titlesection 14104 of this titleSubsec. (c)(4)(A). , inserted “as measured under , or an alternate tonnage measured under as prescribed by the Secretary under ” after “500 gross tons”.
Pub. L. 104–324, § 711(4)section 14502 of this titlesection 14302 of this titlesection 14104 of this titleSubsec. (d)(1). , inserted “as measured under , or an alternate tonnage measured under as prescribed by the Secretary under ” after “150 gross tons”.
Pub. L. 104–324, § 711(5)section 14502 of this titlesection 14302 of this titlesection 14104 of this titleSubsec. (i)(1)(A). , inserted “as measured under , or an alternate tonnage measured under as prescribed by the Secretary under ” after “300 gross tons”.
Pub. L. 104–324, § 711(6)section 14502 of this titlesection 14302 of this titlesection 14104 of this titleSubsec. (j). , inserted “as measured under , or an alternate tonnage measured under as prescribed by the Secretary under ” after “15 gross tons”.
Pub. L. 103–2061993—Subsec. (m). added subsec. (m).
Pub. L. 101–595, § 602(b)1990—Subsec. (c)(3), (4). , added pars. (3) and (4).
Pub. L. 101–595, § 603(2)Subsec. (j)(2)(B). , substituted “(46 App. U.S.C. 1295c)” for “(46 App. U.S.C. 1295(c))”.
lPub. L. 101–595, § 303(a)lSubsec. (). , added subsec. ().
Pub. L. 99–307, § 1(3)1986—Subsec. (i)(5). , substituted “charterer” for “charter”.
Pub. L. 99–307, § 1(4)Subsec. (k). , added subsec. (k).
Pub. L. 98–3641984—Subsec. (b). amended subsec. (b) generally, which prior to amendment read as follows: “A motor vessel engaged in fishing as a regular business, including oystering, clamming, crabbing, or the kelp or sponge industry, is exempt from section 3301(1), (4), and (7) of this title.”
Pub. L. 98–364Subsec. (c). amended subsec. (c) generally, which prior to amendment read as follows:
“(1) Before , a motor vessel is exempt from section 3301(1), (4), and (7) of this title if the vessel is not more than 500 gross tons and—
“(A) is a cannery tender or a fishing tender in the salmon or crab fisheries of Alaska, Oregon, and Washington; and
“(B) only carries cargo to or from vessels in those fisheries or a facility used in processing or assembling fishery products, or transports cannery or fishing personnel to or from operating locations.
“(2) Before , a vessel is exempt from section 3301(1), (4), (6), and (7) of this title if the vessel is not more than 5,000 gross tons and is used only in processing and assembling fishery products in the fisheries of Alaska, Oregon, and Washington.”
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
section 602(b) of Pub. L. 101–595section 602(f) of Pub. L. 101–595section 4502 of this titleAmendment by effective , except that requirements imposed by subsec. (c)(4)(B) and (C), effective six months after , see , set out as a note under .
Effective Date
section 2(g)(1) of Pub. L. 98–89section 3101 of this titleSection effective , see , set out as a note under .
Savings Clause
Pub. L. 119–60, div. G, title LXXIV, § 7406(c)139 Stat. 1787
Transfer of Functions
section 542 of Title 6For 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 , as modified, set out as a note under .
Exceptions to Regulations for Towing Vessels
Pub. L. 119–60, div. G, title LXXIII, § 7316(a)139 Stat. 1763
In general .—
Application .—
Implementation.—
Request process .—
Contents .—
Policy .—
Definitions .—
Boundary line .—
Fishing vessel .—
Fish tender vessel .—
Officer in charge, marine inspection .—
Prince william sound .—
Southeast alaska .—
Sunset .—
Vessels Repaired or Retrofitted for Mobile Trade Fair Purposes Deemed Out of Commission
Pub. L. 100–418, title X, § 10003(b)102 Stat. 1573
Exemption of Certain Fishing and Fish Processing Vessels
Pub. L. 98–364, title IV, § 40398 Stat. 450 Pub. L. 99–36, § 399 Stat. 68 Pub. L. 101–225, title III, § 306103 Stat. 1925
Offshore Supply Vessels; Transition Period for Compliance With Vessel Inspection Provisions
Pub. L. 98–89, § 2(i)97 Stat. 599