46 U.S. Code § 3306 - Regulations

(a) To carry out this part and to secure the safety of individuals and property on board vessels subject to inspection, 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.
(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 (5) 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.

Source

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 513; Pub. L. 98–364, title IV, § 402(5),July 17, 1984, 98 Stat. 446; Pub. L. 103–206, title V, § 512(a),Dec. 20, 1993, 107 Stat. 2442; Pub. L. 104–324, title VI, § 604(a), (c), title VII, § 712,Oct. 19, 1996, 110 Stat. 3930, 3931, 3936; Pub. L. 108–293, title IV, § 415(b),Aug. 9, 2004, 118 Stat. 1047; Pub. L. 109–304, § 15(12),Oct. 6, 2006, 120 Stat. 1703; Pub. L. 111–281, title VI, § 612,Oct. 15, 2010, 124 Stat. 2970.)

Historical and Revision Notes
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.
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 Pub. L. 111–281, which was approved Oct. 15, 2010.
Amendments

2010—Subsec. (k). Pub. L. 111–281added subsec. (k).
2006—Subsec. (d). Pub. L. 109–304substituted “section 51102 of this title” for “section 1302(3) of the Merchant Marine Act, 1936 (46 App. U.S.C. 1295a (3))”.
2004—Subsec. (j). Pub. L. 108–293added subsec. (j).
1996—Subsec. (a)(4). Pub. L. 104–324, § 604(c), substituted “paragraphs (1), (2), and (3)” for “clauses (1)–(3)”.
Subsec. (b). Pub. L. 104–324, § 604(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Equipment subject to regulation under this section may not be used on any vessel without prior approval as prescribed by regulation.”
Subsec. (h). Pub. L. 104–324, § 712(1), inserted “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” after “300 gross tons”.
Subsec. (i). Pub. L. 104–324, § 712(2), inserted “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” after “500 gross tons”.
1993—Subsecs. (h), (i). Pub. L. 103–206added subsecs. (h) and (i).
1984—Subsec. (g). Pub. L. 98–364added subsec. (g).
Regulations

Pub. L. 103–206, title V, § 512(b), (c),Dec. 20, 1993, 107 Stat. 2442, provided that:
“(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) ofsection 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) ofsection 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.”
Towing Vessels

Pub. L. 111–281, title VII, § 701(c),Oct. 15, 2010, 124 Stat. 2980, provided that: “No later than 90 days after the date of enactment of this Act [Oct. 15, 2010], the Secretary shall issue a notice of proposed rulemaking regarding inspection requirements for towing vessels required under section 3306 (j) of title 46, United States Code. The Secretary shall issue a final rule pursuant to that rulemaking no later than 1 year after the date of enactment of this Act.”
[“Secretary” as used in section 701(c) ofPub. L. 111–281, set out above, probably means the Secretary of the department in which the Coast Guard is operating, see section 701(a)(1) ofPub. L. 111–281, set out as a note under section 1321 of Title 33, Navigation and Navigable Waters.]
Foreign Approvals

Pub. L. 104–324, title VI, § 604(b),Oct. 19, 1996, 110 Stat. 3931, provided that: “The Secretary of Transportation, in consultation with other interested Federal agencies, shall work with foreign governments to have those governments approve the use of the same equipment and materials on vessels documented under the laws of those countries that the Secretary requires on United States documented vessels.”
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.

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


46 CFR - Shipping

46 CFR Part 2 - VESSEL INSPECTIONS

46 CFR Part 3 - DESIGNATION OF OCEANOGRAPHIC RESEARCH VESSELS

46 CFR Part 8 - VESSEL INSPECTION ALTERNATIVES

46 CFR Part 15 - MANNING REQUIREMENTS

46 CFR Part 16 - CHEMICAL TESTING

46 CFR Part 24 - GENERAL PROVISIONS

46 CFR Part 25 - REQUIREMENTS

46 CFR Part 26 - OPERATIONS

46 CFR Part 27 - TOWING VESSELS

46 CFR Part 30 - GENERAL PROVISIONS

46 CFR Part 31 - INSPECTION AND CERTIFICATION

46 CFR Part 32 - SPECIAL EQUIPMENT, MACHINERY, AND HULL REQUIREMENTS

46 CFR Part 36 - ELEVATED TEMPERATURE CARGOES

46 CFR Part 38 - LIQUEFIED FLAMMABLE GASES

46 CFR Part 39 - VAPOR CONTROL SYSTEMS

46 CFR Part 46 - SUBDIVISION LOAD LINES FOR PASSENGER VESSELS

46 CFR Part 50 - GENERAL PROVISIONS

46 CFR Part 52 - POWER BOILERS

46 CFR Part 53 - HEATING BOILERS

46 CFR Part 54 - PRESSURE VESSELS

46 CFR Part 56 - PIPING SYSTEMS AND APPURTENANCES

46 CFR Part 57 - WELDING AND BRAZING

46 CFR Part 58 - MAIN AND AUXILIARY MACHINERY AND RELATED SYSTEMS

46 CFR Part 59 - REPAIRS TO BOILERS, PRESSURE VESSELS AND APPURTENANCES

46 CFR Part 60 - [Reserved]

46 CFR Part 61 - PERIODIC TESTS AND INSPECTIONS

46 CFR Part 62 - VITAL SYSTEM AUTOMATION

46 CFR Part 63 - AUTOMATIC AUXILIARY BOILERS

46 CFR Part 64 - MARINE PORTABLE TANKS AND CARGO HANDLING SYSTEMS

46 CFR Part 70 - GENERAL PROVISIONS

46 CFR Part 71 - INSPECTION AND CERTIFICATION

46 CFR Part 72 - CONSTRUCTION AND ARRANGEMENT

46 CFR Part 76 - FIRE PROTECTION EQUIPMENT

46 CFR Part 77 - VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT

46 CFR Part 78 - OPERATIONS

46 CFR Part 80 - DISCLOSURE OF SAFETY STANDARDS AND COUNTRY OF REGISTRY

46 CFR Part 90 - GENERAL PROVISIONS

46 CFR Part 91 - INSPECTION AND CERTIFICATION

46 CFR Part 92 - CONSTRUCTION AND ARRANGEMENT

46 CFR Part 93 - STABILITY

46 CFR Part 96 - VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT

46 CFR Part 97 - OPERATIONS

46 CFR Part 98 - SPECIAL CONSTRUCTION, ARRANGEMENT, AND OTHER PROVISIONS FOR CERTAIN DANGEROUS CARGOES IN BULK

46 CFR Part 105 - COMMERCIAL FISHING VESSELS DISPENSING PETROLEUM PRODUCTS

46 CFR Part 107 - INSPECTION AND CERTIFICATION

46 CFR Part 108 - DESIGN AND EQUIPMENT

46 CFR Part 109 - OPERATIONS

46 CFR Part 110 - GENERAL PROVISIONS

46 CFR Part 111 - ELECTRIC SYSTEMS—GENERAL REQUIREMENTS

46 CFR Part 112 - EMERGENCY LIGHTING AND POWER SYSTEMS

46 CFR Part 113 - COMMUNICATION AND ALARM SYSTEMS AND EQUIPMENT

46 CFR Part 114 - GENERAL PROVISIONS

46 CFR Part 115 - INSPECTION AND CERTIFICATION

46 CFR Part 116 - CONSTRUCTION AND ARRANGEMENT

46 CFR Part 117 - LIFESAVING EQUIPMENT AND ARRANGEMENTS

46 CFR Part 118 - FIRE PROTECTION EQUIPMENT

46 CFR Part 119 - MACHINERY INSTALLATION

46 CFR Part 120 - ELECTRICAL INSTALLATION

46 CFR Part 121 - VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT

46 CFR Part 122 - OPERATIONS

46 CFR Part 125 - GENERAL

46 CFR Part 126 - INSPECTION AND CERTIFICATION

46 CFR Part 127 - CONSTRUCTION AND ARRANGEMENTS

46 CFR Part 128 - MARINE ENGINEERING: EQUIPMENT AND SYSTEMS

46 CFR Part 129 - ELECTRICAL INSTALLATIONS

46 CFR Part 130 - VESSEL CONTROL, AND MISCELLANEOUS EQUIPMENT AND SYSTEMS

46 CFR Part 131 - OPERATIONS

46 CFR Part 132 - FIRE-PROTECTION EQUIPMENT

46 CFR Part 133 - LIFESAVING SYSTEMS

46 CFR Part 134 - ADDED PROVISIONS FOR LIFTBOATS

46 CFR Part 146

46 CFR Part 147 - HAZARDOUS SHIPS' STORES

46 CFR Part 150 - COMPATIBILITY OF CARGOES

46 CFR Part 159 - APPROVAL OF EQUIPMENT AND MATERIALS

46 CFR Part 160 - LIFESAVING EQUIPMENT

46 CFR Part 162 - ENGINEERING EQUIPMENT

46 CFR Part 165 - [Reserved]

46 CFR Part 166 - DESIGNATION AND APPROVAL OF NAUTICAL SCHOOL SHIPS

46 CFR Part 167 - PUBLIC NAUTICAL SCHOOL SHIPS

46 CFR Part 168 - CIVILIAN NAUTICAL SCHOOL VESSELS

46 CFR Part 169 - SAILING SCHOOL VESSELS

46 CFR Part 170 - STABILITY REQUIREMENTS FOR ALL INSPECTED VESSELS

46 CFR Part 171 - SPECIAL RULES PERTAINING TO VESSELS CARRYING PASSENGERS

46 CFR Part 172 - SPECIAL RULES PERTAINING TO BULK CARGOES

46 CFR Part 173 - SPECIAL RULES PERTAINING TO VESSEL USE

46 CFR Part 174 - SPECIAL RULES PERTAINING TO SPECIFIC VESSEL TYPES

46 CFR Part 175 - GENERAL PROVISIONS

46 CFR Part 176 - INSPECTION AND CERTIFICATION

46 CFR Part 177 - CONSTRUCTION AND ARRANGEMENT

46 CFR Part 178 - INTACT STABILITY AND SEAWORTHINESS

46 CFR Part 179 - SUBDIVISION, DAMAGE STABILITY, AND WATERTIGHT INTEGRITY

46 CFR Part 180 - LIFESAVING EQUIPMENT AND ARRANGEMENTS

46 CFR Part 181 - FIRE PROTECTION EQUIPMENT

46 CFR Part 182 - MACHINERY INSTALLATION

46 CFR Part 183 - ELECTRICAL INSTALLATION

46 CFR Part 184 - VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT

46 CFR Part 185 - OPERATIONS

46 CFR Part 188 - GENERAL PROVISIONS

46 CFR Part 189 - INSPECTION AND CERTIFICATION

46 CFR Part 190 - CONSTRUCTION AND ARRANGEMENT

46 CFR Part 193 - FIRE PROTECTION EQUIPMENT

46 CFR Part 194 - HANDLING, USE, AND CONTROL OF EXPLOSIVES AND OTHER HAZARDOUS MATERIALS

46 CFR Part 195 - VESSEL CONTROL AND MISCELLANEOUS SYSTEMS AND EQUIPMENT

46 CFR Part 196 - OPERATIONS

46 CFR Part 197 - GENERAL PROVISIONS

46 CFR Part 199 - LIFESAVING SYSTEMS FOR CERTAIN INSPECTED VESSELS

 

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