Historical and Revision Notes
Revised sectionSource section (U.S. Code) 330546:369 46:390a 46:391 46:392 46:395 46:404–1 46:405 46:406 46:407 46:408 46:660a 46:881
section 3305 consolidates, at one place, the basic scope of coverage of the inspection process. It is to be noted that the time difference in enactment of various statutes has resulted in some anomalies. Thus, for example, R.S. 4417 (46 U.S.C. 391) which had originally set periods of inspection and vested authority in “local inspectors” was expanded over the years to provide the base for inspection of certain classes of vessels as well as setting out the periods and scope. The distillation of inspection objectives and standards in later laws and the transfer of all functions of separately created bureaus and functionaries to the Coast Guard permit this consolidation. There are those who have a desire to see the scope and standards of inspection be more specific in law similar to those presently applicable to boilers and boiler plating that predate 1871. The Committee believes this serves no useful purpose since the specifics are either antiquated or too limiting and have, in fact, been superceded by the statutorily authorized adoption of various industrial specifications, standards, and codes by the Coast Guard. These include the American Bureau of Shipping (ABS), American Society of Mechanical Engineers (ASME), American National Standards Institute (ANSI), American Society for Testing and Materials (ASTM), American Welding Society (AWS), Underwriters Laboratories (UL), and many others. In addition, Coast Guard
Regulations
must also implement and conform to the numerous international maritime safety treaties to which the United States is signatory. The Committee expects that the regulatory flexibility being provided will not reduce the present vessel inspection requirements that have been historically developed.
section 3305(a) establishes the statutory scope of the Coast Guard’s vessel inspection authority and duty. The inspection process shall ensure that a vessel is of suitable structure, equipment, and accommodations, is maintained in an operating condition consistent with safety of life and property, and complies with applicable marine safety laws and
Regulations
. Subsection (b) requires that defective life preservers and firehose be destroyed in the presence of the inspecting official, normally a qualified Coast Guard marine inspector. The Committee believes that if this equipment is defective for use on an inspected vessel, it should be destroyed so that it cannot be used on an uninspected or recreational vessel. Subsection (c) provides flexibility in the inspection of various sizes of nautical school vessels.
References in Text
The date of enactment of the Frank LoBiondo Coast Guard Authorization Act of 2018, referred to in subsec. (d)(3)(B), is the date of enactment of Pub. L. 115–282, which was approved Dec. 4, 2018.
Amendments
2021—Subsec. (d)(3)(B). Pub. L. 116–283 substituted “Frank LoBiondo Coast Guard Authorization Act of 2018” for “Coast Guard Authorization Act of 2017”. 2018—Subsec. (d). Pub. L. 115–282 added subsec. (d). 2006—Subsec. (a)(2). Pub. L. 109–241 realigned margins. 2004—Subsec. (a). Pub. L. 108–293, § 416(b), designated existing provisions as par. (1), redesignated former pars. (1) to (6) as subpars. (A) to (F), respectively, of par. (1), and added par. (2). Subsec. (a)(4) to (6). Pub. L. 108–293, § 416(a), added par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively. 2002—Subsec. (c). Pub. L. 107–217 substituted “
section 558 of title 40” for “
section 13 of the Coast Guard Authorization Act of 1986”. 1986—Subsec. (c). Pub. L. 99–640 inserted “or by an educational institution under
section 13 of the Coast Guard Authorization Act of 1986”. 1985—Subsec. (b). Pub. L. 99–36 substituted “lifesaving” and “life preserver, lifesaving device, or firehose” for “life-saving” and “life preserver or firehose”, respectively.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Apr. 15, 1984, see
section 2(g)(1) of Pub. L. 98–89, set out as a note under
section 3101 of this title.