46 U.S.C. § 3302
(a) A vessel is not excluded from one category only because the vessel is—
(c)
(2) Except as provided in paragraphs (3) and (4) of this subsection, the following fish tender vessels are exempt from section 3301(1), (6), (7), (11), and (12) of this title:
(3)
(A) A fishing vessel or fish processing vessel is exempt from section 3301(1), (6), and (7) of this title when transporting cargo (including fisheries-related cargo) to or from a place in Alaska if—
(B) A fish tender vessel of not more than 500 gross tons as measured under section 14502 of this title, or less than 500 gross tons as measured under section 14502 of this title, or is less than 2,500 gross tons as measured under section 14302 of this title, which is qualified to engage in the Aleutian trade is exempt from section 3301(1), (6), and (7) of this title when transporting cargo (including fisheries-related cargo) to or from a place in Alaska outside the Aleutian trade geographic area if—
(C) In this paragraph, the term “proprietary cargo” means cargo that—
(4) A fish tender vessel is exempt from section 3301(1), (6), and (7) of this title when engaged in the Aleutian trade if the vessel—
(d)
(1) A motor vessel of less than 150 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, constructed before , is not subject to inspection under section 3301(1) of this title if the vessel is owned or demise chartered to a cooperative or association that only transports cargo owned by at least one of its members on a nonprofit basis between places within the waters of—
(B) southeastern Alaska shoreward of the Boundary Line and—
(g)
(1) Except when compliance with major structural or major equipment requirements is necessary to remove an especially hazardous condition, an offshore supply vessel is not subject to regulations or standards for those requirements if the vessel—
(i)
(1) The Secretary may issue a permit exempting a vessel from any part of the requirements of this part for vessels transporting cargo, including bulk fuel, from one place in Alaska to another place in Alaska only if the vessel—
(j) Notwithstanding another provision of this chapter, the Secretary is not required to inspect or prescribe regulations for a nautical school vessel of not more than 15 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—
(2) operated by—
(l)
(1) The Secretary may issue a permit exempting the following vessels from the requirements of this part for passenger vessels so long as the vessels are owned by nonprofit organizations and operated as nonprofit memorials to merchant mariners:
(m) A seagoing barge or a Great Lakes barge is not subject to inspection under paragraph (6) or (13) of section 3301 of this title if the vessel is unmanned and does not carry—
(n)
(1) A seagoing motor vessel is not subject to inspection under section 3301(7) of this title if the vessel—
(o) Additional Response Assets.—
(1) Vessels exempt from inspection.— Except as otherwise provided in this subsection, a qualified vessel engaged in a qualified oil spill response shall not be subject to inspection if the qualified vessel—
(A) has—
(2) Allowances.— A qualified vessel under paragraph (1) may—
(A) unless otherwise inspected as a towing vessel under this title, tow only—
(B) carry—
(3) Definitions.— In this subsection:
(Pub. L. 98–89, , 97 Stat. 510; Pub. L. 98–364, title IV, § 402(3), , 98 Stat. 445; Pub. L. 99–307, § 1(3), (4), , 100 Stat. 444; Pub. L. 101–595, title III, § 303(a), title VI, §§ 602(b), 603(2), , 104 Stat. 2983, 2990, 2993; Pub. L. 103–206, title III, § 311, , 107 Stat. 2426; Pub. L. 104–324, title VII, § 711, title XI, § 1110, , 110 Stat. 3935, 3969; Pub. L. 106–65, div. C, title XXXVI, § 3604, , 113 Stat. 976; Pub. L. 107–295, title II, § 208, , 116 Stat. 2098; Pub. L. 109–241, title III, § 311, , 120 Stat. 530; Pub. L. 109–304, § 15(11), , 120 Stat. 1703; Pub. L. 115–232, div. C, title XXXV, §§ 3529(b), 3546(c), , 132 Stat. 2319, 2326; Pub. L. 117–263, div. K, title CXII, § 11216, , 136 Stat. 4017; Pub. L. 119–60, div. G, title LXXIV, § 7406(a), , 139 Stat. 1786.)
| Historical and Revision Notes | |
|---|---|
| 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.
2025—Subsec. (o). Pub. L. 119–60 added subsec. (o).
2022—Subsec. (m). Pub. L. 117–263, in introductory provisions, inserted “or a Great Lakes barge” after “seagoing barge” and substituted “paragraph (6) or (13) of section 3301 of this title” for “section 3301(6) of this title”.
2018—Subsec. (g)(2). Pub. L. 115–232, § 3546(c), substituted “This” for “After , this”.
Subsec. (n). Pub. L. 115–232, § 3529(b), added subsec. (n).
2006—Subsec. (b). Pub. L. 109–304, § 15(11)(A), inserted comma after “fishing vessel”.
Subsec. (c)(2). Pub. L. 109–241, § 311(a), 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 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 is exempt from section 3301(1), (6), (7), (11), and (12) of this title.”
Subsec. (c)(3)(B), (4)(A). Pub. L. 109–241, § 311(b), substituted “or less than 500 gross tons as measured under section 14502 of this title, or is less than 2,500 gross tons as measured under section 14302 of this title” for “or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title”.
Subsec. (j)(2)(B). Pub. L. 109–304, § 15(11)(B), substituted “chapter 515 of this title” for “section 1304 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1295c)”.
Subsec. (l)(1)(C). Pub. L. 109–304, § 15(11)(C), substituted “Inc.” for “Inc..”.
2002—Subsec. (l)(1)(D) to (F). Pub. L. 107–295 added subpars. (D) to (F).
1999—Subsec. (l)(1)(C). Pub. L. 106–65 substituted “owned by the National Liberty Ship Memorial, Inc.” for “owned by the United States Maritime Administration”.
1996—Subsec. (b). Pub. L. 104–324, § 1110(1), substituted “Except as provided in subsection (c)(3) of this section, a fishing vessel” for “A fishing vessel,”.
Subsec. (c)(1). Pub. L. 104–324, §§ 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 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 “5,000 gross tons”.
Subsec. (c)(2). Pub. L. 104–324, §§ 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 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”.
Subsec. (c)(3). Pub. L. 104–324, § 1110(4), 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.”
Subsec. (c)(4)(A). Pub. L. 104–324, § 711(3), 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”.
Subsec. (d)(1). Pub. L. 104–324, § 711(4), 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 “150 gross tons”.
Subsec. (i)(1)(A). Pub. L. 104–324, § 711(5), 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. (j). Pub. L. 104–324, § 711(6), 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 “15 gross tons”.
1993—Subsec. (m). Pub. L. 103–206 added subsec. (m).
1990—Subsec. (c)(3), (4). Pub. L. 101–595, § 602(b), added pars. (3) and (4).
Subsec. (j)(2)(B). Pub. L. 101–595, § 603(2), substituted “(46 App. U.S.C. 1295c)” for “(46 App. U.S.C. 1295(c))”.
Subsec. (l). Pub. L. 101–595, § 303(a), added subsec. (l).
1986—Subsec. (i)(5). Pub. L. 99–307, § 1(3), substituted “charterer” for “charter”.
Subsec. (k). Pub. L. 99–307, § 1(4), added subsec. (k).
1984—Subsec. (b). Pub. L. 98–364 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.”
Subsec. (c). Pub. L. 98–364 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.”
Amendment by section 602(b) of Pub. L. 101–595 effective , except that requirements imposed by subsec. (c)(4)(B) and (C), effective six months after , see section 602(f) of Pub. L. 101–595, set out as a note under section 4502 of this title.
Section effective , see section 2(g)(1) of Pub. L. 98–89, set out as a note under section 3101 of this title.
Pub. L. 119–60, div. G, title LXXIV, § 7406(c), , 139 Stat. 1787, provided that:
“Nothing in this section [amending this section and repealing provisions formerly set out in a note under
section 3306 of this title] shall nullify or invalidate the authorities and responsibilities prescribed in section 50.10-10 of title 46, Code of Federal Regulations, for the Officer in Charge, Marine Inspection.”
For 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 section 542 of Title 6.
Pub. L. 119–60, div. G, title LXXIII, § 7316(a), , 139 Stat. 1763, provided that:
- “(1) In general.— The Secretary of the department in which the Coast Guard is operating, acting through the relevant Officer in Charge, Marine Inspection, may grant temporary waivers from the towing vessel requirements of chapters 33 and 89 of title 46, United States Code, including the regulations issued under such chapters, for fishing vessels and fish tender vessels.
“(2) Application.— A temporary waiver issued under paragraph (1) shall be issued at the discretion of the relevant Officer in Charge, Marine Inspection to a fishing vessel or fish tender vessel that—
- “(A) performs towing operations of net pens, and associated work platforms, to or from aquaculture or hatchery worksites;
- “(B) is less than 200 gross tons;
- “(C) does not tow a net pen, or associated work platform, that is carrying cargo or hazardous material, including oil, on board;
“(D) is operating shoreward of the Boundary Line in either—
- “(i) Southeast Alaska; or
- “(ii) Prince William Sound; and
- “(E) complies with all applicable laws for its use in the usual purpose for which it is normally and substantially operated, including any applicable inspection requirements under section 3301 of title 46, United States Code, and exemptions under section 3302 of such title.
“(3) Implementation.—
- “(A) Request process.— The owner or operator of a fishing vessel or fish tender vessel seeking a waiver under paragraph (1) shall submit a request to the relevant Officer in Charge, Marine Inspection.
“(B) Contents.— The request submitted under subparagraph (A) shall include—
- “(i) a description of the intended towing operations;
- “(ii) the time periods and frequency of the intended towing operations;
- “(iii) the location of the intended operations;
- “(iv) a description of the manning of the fishing vessel or fish tender vessel during the intended operations; and
- “(v) any additional safety, operational, or other relevant information requested by the relevant Officer in Charge, Marine Inspection.
- “(4) Policy.— The Secretary of the department in which the Coast Guard is operating may issue policy to facilitate the implementation of this subsection.
“(5) Definitions.— In this subsection:
- “(A) Boundary line.— The term ‘Boundary Line’ has the meaning given such term in section 103 of title 46, United States Code.
- “(B) Fishing vessel.— The term ‘fishing vessel’ has the meaning given such term in section 2101 of title 46, United States Code.
- “(C) Fish tender vessel.— The term ‘fish tender vessel’ has the meaning given such term in section 2101 of title 46, United States Code.
- “(D) Officer in charge, marine inspection.— The term ‘Officer in Charge, Marine Inspection’ has the meaning given such term in section 3305 of title 46, United States Code.
- “(E) Prince william sound.— The term ‘Prince William Sound’ means all State and Federal waters within Prince William Sound, Alaska, including the approach to Hinchenbrook Entrance out to, and encompassing, Seal Rocks.
- “(F) Southeast alaska.— The term ‘Southeast Alaska’ means the area along the coast of the State of Alaska from latitude 54 degrees 40 minutes 00 seconds North to 60 degrees 18 minutes 24 seconds North.
- “(6) Sunset.— The authorities under this section shall expire on .”
Pub. L. 100–418, title X, § 10003(b), , 102 Stat. 1573, provided that:
“For one year after the date of enactment of this Act [
Aug. 23, 1988], a vessel that is undergoing repair or retrofitting for use solely for mobile trade fair purposes is deemed to be out of commission under
section 3302(e) of title 46, United States Code, during the repair or retrofitting.”
Pub. L. 98–364, title IV, § 403, , 98 Stat. 450, as amended by Pub. L. 99–36, § 3, , 99 Stat. 68; Pub. L. 101–225, title III, § 306, , 103 Stat. 1925, provided that:
- “(a) Except as provided in chapter 37 of title 46, United States Code, and before , a fishing, fish processing, or fish tender vessel, that is (1) not more than 500 gross tons and (2) in operation, or contracted for purchase to be used as a vessel of this type, before , may transport cargo to or from a place in Alaska not receiving weekly transportation service from a port of the United States by an established water common carrier, except that the service limitation does not apply to transporting cargo of a type not accepted by that carrier.
- “(b) A fish processing vessel entered into service before , and more than 1,600 gross tons or entered into service after , and having more than 16 individuals on board primarily employed in the preparation of fish or fish products is exempt from section 8702(b) of title 46, United States Code, until 18 months after the date of enactment of this Act [].
- “(c) As used in subsections (a) and (b) of this section, the terms ‘fishing vessel’, ‘fish processing vessel’ and ‘fish tender vessel’ shall have the meaning given to such terms in section 2101 of title 46, United States Code.”
Pub. L. 98–89, § 2(i), , 97 Stat. 599, provided that:
“Each offshore supply vessel described in
section 3302(g) of title 46 (as enacted by section 1 of this Act), that was registered with the Secretary of Transportation under section 4426a(7) of the Revised Statutes [former
46 U.S.C. 404–1(7)] but that has not been inspected by the Secretary shall be held to be in compliance with all applicable vessel inspection laws pending verification by actual inspection or until one year after the date of enactment of this Act [
Aug. 26, 1983], whichever is earlier.”