US (United States) Code. Title 46. Subtitle II: Vessels and Seamen. Chapter 31: General
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46 USC CHAPTER 31 - GENERAL 01/06/03
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TITLE 46 - SHIPPING
Subtitle II - Vessels and Seamen
Part B - Inspection and Regulation of Vessels
CHAPTER 31 - GENERAL
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3101. Authority to suspend inspection.
3102. Immersion suits.
3103. Use of reports, documents, and records.
1996 - Pub. L. 104-324, title VI, Sec. 603(b), Oct. 19, 1996, 110
Stat. 3930, added item 3103.
1988 - Pub. L. 100-424, Sec. 8(a)(3), Sept. 9, 1988, 102 Stat.
1593, substituted "Immersion" for "Exposure" in item 3102.
1985 - Pub. L. 99-36, Sec. 2, May 15, 1985, 99 Stat. 68, repealed
section 22 of Pub. L. 98-557 and the amendments made by that
section, which added first identical item 3102, effective Nov. 8,
1984, thereby leaving Pub. L. 98-623 as the sole authority for the
addition of item 3102. See 1984 Amendment note below.
1984 - Pub. L. 98-557, Sec. 22(a)(2), Oct. 30, 1984, 98 Stat.
2871, and Pub. L. 98-623, title VII, Sec. 701(a)(2), Nov. 8, 1984,
98 Stat. 3413, added identical item 3102. See 1985 Amendment note
46 USC Sec. 3101 01/06/03
Sec. 3101. Authority to suspend inspection
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When the President decides that the needs of foreign commerce
require, the President may suspend a provision of this part for a
foreign-built vessel registered as a vessel of the United States on
conditions the President may specify.
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(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 510.)
HISTORICAL AND REVISION NOTES
Revised section Source section (U.S. Code)
Section 3101 provides the President with the authority to suspend
the inspection laws for a foreign-built reflagged U.S. vessel when
the needs of foreign commerce require this. For example, if a
foreign-flag vessel is reflagged in the U.S. but does not meet the
specific Coast Guard inspection requirements, the President could
suspend these requirements.
Section 2(g)(1) of Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 599,
provided that: "Part B [chapters 31 to 43] of subtitle II and
sections 7306 (related to able seaman sail) and 7311 of title 46
(as enacted by section 1 of this Act) take effect April 15, 1984,
or when regulations for sailing school vessels under part B are
effective, whichever is earlier." [Part B of subtitle II and
effective Apr. 15, 1984, in absence of regulations for sailing
school vessels under part B on that date.]
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For delegation to Secretary of the Treasury of authority vested
in President by this section, see Ex. Ord. No. 10289, Sept. 17,
1951, 16 F.R. 9499, as amended, set out as a note under section 301
of Title 3, The President.
Sec. 3102. Immersion suits
(a) The Secretary shall by regulation require immersion suits on
vessels designated by the Secretary that operate in the Atlantic
Ocean north of 32 degrees North latitude or south of 32 degrees
South latitude and in all other waters north of 35 degrees North
latitude or south of 35 degrees South latitude. The Secretary may
not exclude a vessel from designation under this section only
because that vessel carries other lifesaving equipment.
(b) The Secretary shall establish standards for an immersion suit
required by this section, including standards to guarantee adequate
thermal protection, buoyance, and flotation stability.
(c)(1) The owner, charterer, managing operator, agent, master, or
individual in charge of a vessel violating this section or a
regulation prescribed under this section is liable to the United
States Government for a civil penalty of not more than $5,000. The
vessel also is liable in rem for the penalty.
(2) The owner, charterer, managing operator, agent, master, or
regulation prescribed under this section may be fined not more than
$25,000, imprisoned for not more than 5 years, or both.
(Added Pub. L. 98-557, Sec. 22(a)(1), Oct. 30, 1984, 98 Stat. 2871;
amended Pub. L. 98-623, title VII, Sec. 701(a)(1), Nov. 8, 1984, 98
Stat. 3413; Pub. L. 99-36, Sec. 2, May 15, 1985, 99 Stat. 68; Pub.
L. 100-424, Sec. 8(a)(1), (2), Sept. 9, 1988, 102 Stat. 1592,
1593.)
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Pub. L. 98-557 and Pub. L. 98-623 enacted identical section 3102
of this title. Section 22 of Pub. L. 98-557, which enacted first
identical section 3102 of this title, was repealed by section 2 of
Pub. L. 99-36, set out below as a Repeal of Duplicate Section note.
1988 - Pub. L. 100-424 substituted "Immersion" for "Exposure" in
section catchline, and "immersion" for "exposure" in subsecs. (a)
and (b).
REPEAL OF DUPLICATE SECTION 3102; REFERENCES THERETO AND
REGULATIONS AND ACTIONS THEREUNDER
Section 2 of Pub. L. 99-36 provided that: "Section 22 of the
Coast Guard Authorization Act of 1984 (Public Law 98-557; 98 Stat.
2871), and the amendments made by such section [enacting first
identical section 3102 of this title and provisions set out as a
note under this section and amending the analysis of chapter 31 of
this title], are repealed as of November 8, 1984. Regulations
prescribed and actions taken under, and references to, such section
and the amendments made by such section are deemed to be
regulations prescribed and actions taken under, and references to,
section 701 of the Act of November 8, 1984 (Public Law 98-623; 98
Stat. 3413), and the amendments made by such section 701 [enacting
second identical section 3102 of this title and provisions set out
as a note under this section and amending the analysis of chapter
31 of this title]."
Section 701(b), (c) of title VII of Pub. L. 98-623 provided:
"(b) Section 3102 of title 46, United States Code (as added by
subsection (a) of this section), does not limit the authority of
the Secretary of the department in which the Coast Guard is
operating to prescribe regulations requiring exposure suits on
vessels not required by section 3102 to have exposure suits.
"(c) The regulations prescribed under section 3102 of title 46,
United States Code (as added by subsection (a) of this section),
shall be effective not later than 60 days after the date of
enactment of this title [Nov. 8, 1984]." [Regulations effective
Dec. 30, 1984, see 49 F.R. 50722, Dec. 31, 1984.]
[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 November 25, 2002, as modified, set out as a note under
section 542 of Title 6.]
Similar provisions were contained in section 22(b), (c) of Pub.
L. 98-557, which was repealed by section 2 of Pub. L. 99-36, set
out above as a Repeal of Duplicate Section note.
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SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 4502 of this title.
Sec. 3103. Use of reports, documents, and records
The Secretary may rely, as evidence of compliance with this
subtitle, on -
(1) reports, documents, and records of other persons who have
been determined by the Secretary to be reliable; and
(2) other methods the Secretary has determined to be reliable.
(Added Pub. L. 104-324, title VI, Sec. 603(a), Oct. 19, 1996, 110
Stat. 3930.)
Enviado por: El remitente no desea revelar su nombre
Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # ShippingInspection and regulation