ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

46 U.S.C. § 3305 — Scope and standards of inspection

submitted 43 years ago by Pub. L. 98-89 to r/title-46-SHIPPING · 612 words · no verdicts yet

in plain englishAI-generated · not legal advice

Vessel inspections must check structure, lifesaving and fire equipment, accommodations, water, safe operation, and compliance with marine-safety law. The section also sets rules for defective equipment, nautical-school vessels, consistent inspection decisions, disagreements, appeals, and the role of an Officer in Charge, Marine Inspection.

(a)(1) The inspection process must ensure that an inspected vessel: (A) has a structure suitable for its service; (B) has proper lifesaving, fire-prevention, and firefighting equipment; (C) has suitable accommodations for crew, sailing-school instructors and students, and authorized passengers; (D) has enough drinkable water for passengers and crew to drink and wash; (E) can be operated safely for life and property; and (F) follows applicable marine-safety laws and regulations. (2) To decide whether the water supply is enough, the Secretary must consider the vessel's size and type, the number of passengers and crew, voyage length and route, and potable-water guidelines recommended by the Centers for Disease Control and Prevention and the Public Health Service.

(b) If an inspection or section 3308 examination finds a life preserver, lifesaving device, or firehose defective and not repairable, the owner or master must destroy it in the presence of the inspecting official.

(c) A nautical-school vessel operated by a civilian nautical school or an educational institution under 40 U.S.C. 558 must be inspected as a small passenger vessel or passenger vessel, depending on its tonnage.

(d)(1) The Coast Guard Commandant must ensure Officers in Charge, Marine Inspections interpret regulations and standards under this subtitle and chapter 700 consistently, to avoid disruption and unnecessary industry expense. (2)(A) If a local inspecting Officer and the Officer who issued the vessel's latest inspection certificate disagree about the vessel's condition or the meaning of a regulation or standard in (a), they must try to resolve the disagreement. (B) If it concerns vessel design or plan review, the Coast Guard marine safety center must take part in all efforts. (C) If it cannot be resolved, the local Officer must send the Commandant, through the responsible Coast Guard district commander, a request for a final agency decision. (3)(A) The Commandant must give each person affected by a decision or action of an Officer or the marine safety center the information needed to exercise appeal rights. (B) If an appeal is filed, the Commandant must process it under parts 1 through 4 of title 46 of the Code of Federal Regulations as they existed when the Frank LoBiondo Coast Guard Authorization Act of 2018 was enacted. (4) Officer in Charge, Marine Inspection means a civilian or military Coast Guard person who the Commandant designates and who, under the responsible district commander's direction, is in charge of an inspection zone for inspections and enforcement and administration of subtitle II, chapter 700, and regulations under those laws.

the actual law source: uscode.house.gov ↗public domain
(a)
(1)

The inspection process shall ensure that a vessel subject to inspection—

(A)

is of a structure suitable for the service in which it is to be employed;

(B)

is equipped with proper appliances for lifesaving, fire prevention, and firefighting;

(C)

has suitable accommodations for the crew, sailing school instructors, and sailing school students, and for passengers on the vessel if authorized to carry passengers;

(D)

has an adequate supply of potable water for drinking and washing by passengers and crew;

(E)

is in a condition to be operated with safety to life and property; and

(F)

complies with applicable marine safety laws and regulations.

(2)

In determining the adequacy of the supply of potable water under paragraph (1)(D), the Secretary shall consider—

(A)

the size and type of vessel;

(B)

the number of passengers or crew on board;

(C)

the duration and routing of voyages; and

(D)

guidelines for potable water recommended by the Centers for Disease Control and Prevention and the Public Health Service.

(b)

If an inspection, or examination under section 3308 of this title, reveals that a life preserver, lifesaving device, or firehose is defective and incapable of being repaired, the owner or master shall destroy the life preserver, lifesaving device, or firehose in the presence of the official conducting the inspection or examination.

(c)

A nautical school vessel operated by a civilian nautical school or by an educational institution under section 558 of title 40 shall be inspected like a small passenger vessel or a passenger vessel, depending on its tonnage.

(d)
(1)

The Commandant of the Coast Guard shall ensure that Officers in Charge, Marine Inspections consistently interpret regulations and standards under this subtitle and chapter 700 to avoid disruption and undue expense to industry.

(2)
(A)

Subject to subparagraph (B), in the event of a disagreement regarding the condition of a vessel or the interpretation of a regulation or standard referred to in subsection (a) between a local Officer in Charge, Marine Inspection conducting an inspection of the vessel and the Officer in Charge, Marine Inspection that issued the most recent certificate of inspection for the vessel, such Officers shall seek to resolve such disagreement.

(B)

If a disagreement described in subparagraph (A) involves vessel design or plan review, the Coast Guard marine safety center shall be included in all efforts to resolve such disagreement.

(C)

If a disagreement described in subparagraph (A) or (B) cannot be resolved, the local Officer in Charge, Marine Inspection shall submit to the Commandant of the Coast Guard, through the cognizant Coast Guard district commander, a request for a final agency determination of the matter in disagreement.

(3)

The Commandant of the Coast Guard shall—

(A)

provide to each person affected by a decision or action by an Officer in Charge, Marine Inspection or by the Coast Guard marine safety center all information necessary for such person to exercise any right to appeal such decision or action; and

(B)

if such an appeal is filed, process such appeal under parts 1 through 4 of title 46, Code of Federal Regulations, as in effect on the date of enactment of the Frank LoBiondo Coast Guard Authorization Act of 2018.

(4)

In this section, the term “Officer in Charge, Marine Inspection” means any person from the civilian or military branch of the Coast Guard who—

(A)

is designated as such by the Commandant; and

(B)

under the superintendence and direction of the cognizant Coast Guard district commander, is in charge of an inspection zone for the performance of duties with respect to the inspections under, and enforcement and administration of, subtitle II, chapter 700, and regulations under such laws.

Source credit: (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 513; Pub. L. 99–36, § 1(a)(1), May 15, 1985, 99 Stat. 67; Pub. L. 99–640, § 13(e), Nov. 10, 1986, 100 Stat. 3551; Pub. L. 107–217, § 3(m)(2), Aug. 21, 2002, 116 Stat. 1302; Pub. L. 108–293, title IV, § 416, Aug. 9, 2004, 118 Stat. 1047; Pub. L. 109–241, title IX, § 901(f), July 11, 2006, 120 Stat. 564; Pub. L. 115–282, title V, § 501(a), Dec. 4, 2018, 132 Stat. 4268; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8507(a)(1), Jan. 1, 2021, 134 Stat. 4752.)

history & why it existsrecord from the source credit
  • 1983Enacted · Pub. L. 98-89 · 97 Stat. 513
  • 1985Amended · Pub. L. 99-36 · 99 Stat. 67
  • 1986Amended · Pub. L. 99-640 · 100 Stat. 3551
  • 2002Amended · Pub. L. 107-217 · 116 Stat. 1302
  • 2004Amended · Pub. L. 108-293 · 118 Stat. 1047
  • 2006Amended · Pub. L. 109-241 · 120 Stat. 564
  • 2018Amended · Pub. L. 115-282 · 132 Stat. 4268
  • 2021Amended · Pub. L. 116-283 · 134 Stat. 4752

A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-89 on 1983-08-26.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case