§3202 — Title 46 Shipping | U.S. Code

Summary

Requires the chapter to apply to certain vessels. It covers vessels carrying more than 12 passengers, and vessels of at least 500 gross tons that are tankers, freight vessels (including bulk and high‑speed), or self‑propelled mobile offshore drilling units when on a foreign voyage or when a foreign vessel departs a U.S. port with part of its trip on the high seas. It also covers passenger and small passenger vessels that exceed a passenger limit the Secretary sets. Section 3203 rules issued on or after the enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020 apply to all covered small passenger vessels. Owners may ask the Secretary to apply the chapter to other vessels. Excluded are barges, noncommercial recreational boats, fishing boats, certain Great Lakes vessels not covered above, and public vessels.

Title 46, §3202

Shipping — Source: USLM XML via OLRC

(a)This chapter applies to a vessel that—

(1)(A)is transporting more than 12 passengers described in section 2101(31)(A) of this title; or

(B)is of at least 500 gross tons as measured under section 14302 of this title and is a tanker, freight vessel, bulk freight vessel, high speed freight vessel, or self-propelled mobile offshore drilling unit; and

(2)(A)is engaged on a foreign voyage; or

(B)is a foreign vessel departing from a place under the jurisdiction of the United States on a voyage, any part of which is on the high seas.

(b)(1)This chapter applies to a vessel that is—

(A)a passenger vessel or small passenger vessel; and

(B)is transporting more passengers than a number prescribed by the Secretary based on the number of individuals on the vessel that could be killed or injured in a marine casualty.

(2)Notwithstanding any other provision in this chapter, including paragraph (1)(B), any regulations under section 3203, including the safety management system established by such regulations, issued on or after the date of enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020, shall apply to all covered small passenger vessels, as defined in section 3306(n)(5).

(c)This chapter applies to a vessel not described in subsection (a) of this section if the owner of the vessel requests the Secretary to apply this chapter to the vessel.

(d)Except as provided in subsection (c) of this section, this chapter does not apply to—

(1)a barge;

(2)a recreational vessel not engaged in commercial service;

(3)a fishing vessel;

(4)a vessel operating on the Great Lakes or its tributary and connecting waters that is not described in subsection (b) of this section; or

(5)a public vessel.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020, referred to in subsec. (b)(2), is the date of enactment of div. G of Pub. L. 116–283, which was approved Jan. 1, 2021.

Amendments

2025—Subsec. (a)(1)(A). Pub. L. 119–60 substituted “section 2101(31)(A)” for “section 2101(29)(A)”. 2021—Subsec. (b). Pub. L. 116–283 designated existing provisions as par. (1) and inserted heading, redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1) and realigned margins, and added par. (2). 2018—Subsec. (a)(1)(A). Pub. L. 115–232 substituted “section 2101(29)(A)” for “section 2101(21)(A)”. 2010—Subsec. (a). Pub. L. 111–281, § 610(a)(1), substituted “Foreign Voyages and Foreign Vessels.—” for “Mandatory Application.—” in heading. Subsecs. (b) to (d). Pub. L. 111–281, § 610(a)(2)–(4), added subsec. (b), redesignated former subsecs. (b) and (c) as (c) and (d), respectively, and, in introductory provisions of subsec. (d), substituted “subsection (c)” for “subsection (b)”. Subsec. (d)(4). Pub. L. 111–281, § 610(a)(5), inserted “that is not described in subsection (b) of this section” after “connecting waters”. 2004—Subsec. (a). Pub. L. 108–293 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “This chapter applies to the following vessels engaged on a foreign voyage: “(1) Beginning

July 1, 1998— “(A) a vessel transporting more than 12 passengers described in section 2101(21)(A) of this title; and “(B) a tanker, bulk freight vessel, or high-speed freight vessel, of at least 500 gross tons. “(2) Beginning

July 1, 2002, a freight vessel and a self-propelled mobile offshore drilling unit of at least 500 gross tons.”

§3202 Application