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Title 46 — Shipping

Part A · Chapter 21 — General

§ 2113. Authority to exempt certain vessels

Statutory text

If the Secretary decides that the application of a provision of part B, C, F, or G of this subtitle is not necessary in performing the mission of the vessel engaged in excursions or an oceanographic research vessel, or not necessary for the safe operation of certain vessels carrying passengers, the Secretary by regulation may—

(1)

for a vessel, issue a special permit specifying the conditions of operation and equipment;

(2)

exempt an oceanographic research vessel from that provision under conditions the Secretary may specify;

(3)

establish different operating and equipment requirements for vessels defined in section 2101(55)(A) of this title; and

(4)

maintain different structural fire protection, manning, operating, and equipment requirements for vessels that satisfied requirements set forth in the Passenger Vessel Safety Act of 1993 (Public Law 103–206) before .

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 98–89 · 97 Stat. 500

    Enacted · 46 U.S.C. § 2113

    Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 508

    Source evidence

    Code source credit
    Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 508

  2. Passenger Vessel Safety Act of 1993

    Pub. L. 103–206 title V § 511(a) · 107 Stat. 2419

    Amended · 46 U.S.C. § 2113

    Pub. L. 103–206 amended section catchline and text generally. Prior to amendment, text read as follows: “If the Secretary decides that the application of a provision of part B or F of this subtitle is not necessary in performing the mission of a vessel engaged in excursions or an oceanographic research vessel, the Secretary by regulation may—

    Source evidence

    Code amendment note
    Pub. L. 103–206 amended section catchline and text generally. Prior to amendment, text read as follows: “If the Secretary decides that the application of a provision of part B or F of this subtitle is not necessary in performing the mission of a vessel engaged in excursions or an oceanographic research vessel, the Secretary by regulation may—

    “(1) for an excursion vessel, issue a special permit specifying the conditions of operation and equipment; and “(2) exempt the oceanographic research vessel from that provision under conditions the Secretary may specify.”

    Enacted provision · exact public law section
    (a) Section 2113 of title 46, United States Code, is amended to read as follows: “§ 2113. Authority to exempt certain vessels “If the Secretary decides that the application of a provision of part B, C, F, or G of this subtitle is not necessary in performing the mission of the vessel engaged in excursions or an oceanographic research vessel, or not necessary for the safe operation of certain vessels carrying passengers, the Secretary by regulation may— “(1) for a vessel, issue a special permit specifying the conditions of operation and equipment; “(2) exempt an oceanographic research vessel from that provision under conditions the Secretary may specify; “(3) establish different operating and equipment requirements for vessels defined in section 2101(42)(A) of this title; “(4) establish different structural fire protection, manning, operating, and equipment requirements for vessels of at least 100 gross tons but less than 300 gross tons carrying not more than 150 passengers on domestic voyages if the owner of the vessel— “(A) makes application for inspection to the Coast Guard within 6 months of the date of enactment of the Passenger Vessel Safety Act of 1993; and “(B) provides satisfactory documentation that the vessel was chartered at least once within the previous 12 months prior to the date of enactment of that Act; and “(5) establish different structural fire protection, manning, operating, and equipment requirements for former public vessels of the United States of at least 100 gross tons but less than 500 gross tons, carrying not more than 150 passengers on domestic voyages, if the owner of the vessel— “(A) makes application for inspection to the Coast Guard within 6 months of the date of enactment of the Passenger Vessel Safety Act of 1993; and “(B) provides satisfactory documentation that the vessel was chartered at least once within the previous 12 months prior to the date of enactment of that Act.”.

  3. Coast Guard Authorization Act of 1996

    Pub. L. 104–324 § 710(1) · 110 Stat. 3901

    Inserted · 46 U.S.C. § 2113(4)

    Pub. L. 104–324, § 710(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 “less than 300 gross tons”

    Source evidence

    Code amendment note
    Par. (4). Pub. L. 104–324, § 710(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 “less than 300 gross tons”.

    Enacted provision · exact public law section
    (1) in paragraph (4), by inserting after “at least 100 gross tons but less than 300 gross tons” the following: “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”; and

  4. Coast Guard Authorization Act of 1996

    Pub. L. 104–324 § 710(2) · 110 Stat. 3901

    Inserted · 46 U.S.C. § 2113(5)

    Pub. L. 104–324, § 710(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 “less than 500 gross tons”

    Source evidence

    Code amendment note
    Par. (5). Pub. L. 104–324, § 710(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 “less than 500 gross tons”.

    Enacted provision · exact public law section
    (2) in paragraph (5), by inserting after “at least 100 gross tons but less than 500 gross tons” the following: “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”.

  5. John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 § 3541(b)(6) · 132 Stat. 1636

    Substituted · 46 U.S.C. § 2113(3)

    Pub. L. 115–232, § 3541(b)(6), substituted “section 2101(51)(A)” for “section 2101(42)(A)”

    Source evidence

    Code amendment note
    Par. (3). Pub. L. 115–232, § 3541(b)(6), substituted “section 2101(51)(A)” for “section 2101(42)(A)”.

    Enacted provision · exact public law section
    (6) Section 2113(3) of title 46, United States Code, is amended by striking “section 2101(42)(A)” and inserting “section 2101(51)(A)”.

  6. John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 § 3542(a) · 132 Stat. 1636

    1. Added · 46 U.S.C. § 2113(4)

      Pub. L. 115–232, § 3542(a), added par. (4)

    2. Struck · 46 U.S.C. § 2113(4)

      Pub. L. 115–232, § 3542(a), struck out former par. (4) which related to establishing different structural fire protection, manning, operating, and equipment requirements for vessels between 100 gross tons and 300 gross tons

    Source evidence

    Code amendment note
    Par. (4). Pub. L. 115–232, § 3542(a), added par. (4) and struck out former par. (4) which related to establishing different structural fire protection, manning, operating, and equipment requirements for vessels between 100 gross tons and 300 gross tons.

    Enacted provision · exact public law section
    (a) In General.— Section 2113 of title 46, United States Code, is amended— (1) by adding “and” after the semicolon at the end of paragraph (3); and (2) by striking paragraphs (4) and (5) and inserting the following: “(4) maintain different structural fire protection, manning, operating, and equipment requirements for vessels that satisfied requirements set forth in the Passenger Vessel Safety Act of 1993 (Public Law 103–206) before June 21, 1994.” .

  7. John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 § 3542(a)(2) · 132 Stat. 1636

    Struck · 46 U.S.C. § 2113(5)

    Pub. L. 115–232, § 3542(a)(2), struck out par. (5) which related to establishing different structural fire protection, manning, operating, and equipment requirements for former public vessels of the United States between 100 gross tons and 500 gross tons

    Source evidence

    Code amendment note
    Par. (5). Pub. L. 115–232, § 3542(a)(2), struck out par. (5) which related to establishing different structural fire protection, manning, operating, and equipment requirements for former public vessels of the United States between 100 gross tons and 500 gross tons.

    Enacted provision · exact public law section
    (2) by striking paragraphs (4) and (5) and inserting the following: “(4) maintain different structural fire protection, manning, operating, and equipment requirements for vessels that satisfied requirements set forth in the Passenger Vessel Safety Act of 1993 (Public Law 103–206) before June 21, 1994.” .

  8. Don Young Coast Guard Authorization Act of 2022

    Pub. L. 117–263 div. K title CXVI § 11601(c)(1) · 136 Stat. 2395

    Substituted · 46 U.S.C. § 2113(3)

    Pub. L. 117–263 substituted “section 2101(53)(A)” for “section 2101(51)(A)”

    Source evidence

    Code amendment note
    Par. (3). Pub. L. 117–263 substituted “section 2101(53)(A)” for “section 2101(51)(A)”.

    Enacted provision · exact public law section
    (1) Authority to exempt certain vessels.— Section 2113(3) of title 46, United States Code, is amended by striking “section 2101(51)(A)” and inserting “section 2101(53)(A)”.

  9. Pub. L. 119–60 div. G title LXXIII § 7301(k)(1)(B) · 139 Stat. 1759

    Substituted · 46 U.S.C. § 2113(3)

    Pub. L. 119–60 substituted “section 2101(55)(A)” for “section 2101(53)(A)”

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Par. (3). Pub. L. 119–60 substituted “section 2101(55)(A)” for “section 2101(53)(A)”.

8 of 10 references resolved to an enrolled provision · 1 partial · 1 unresolved

Notes

historicalAndRevision
Historical and Revision Notes
Revised sectionSource section (U.S. Code)
211346:44546:453

Section 2113 provides the Secretary with the authority to exempt certain vessels from the inspection and manning requirements of law when vessels are engaged in excursions or oceanographic research. This is the authority of the issuance of excursion permits when special circumstances justify the waiver of certain maritime safety and seamen’s welfare laws for a short period of time. It also contains flexible exemption authority for regulation of oceanographic research vessels.

Editorial Notes

References in Text

The Passenger Vessel Safety Act of 1993, referred to in par. (4), is Pub. L. 103–206, title V, , 107 Stat. 2439. For complete classification of this Act to the Code, see Short Title of 1993 Amendment note set out under section 101 of this title and Tables.

Amendments1993–2025 · 5 rounds

2025

Par. (3). Pub. L. 119–60 substituted “section 2101(55)(A)” for “section 2101(53)(A)”.

2022

Par. (3). Pub. L. 117–263 substituted “section 2101(53)(A)” for “section 2101(51)(A)”.

2018

Par. (3). Pub. L. 115–232, § 3541(b)(6), substituted “section 2101(51)(A)” for “section 2101(42)(A)”.

Par. (4). Pub. L. 115–232, § 3542(a), added par. (4) and struck out former par. (4) which related to establishing different structural fire protection, manning, operating, and equipment requirements for vessels between 100 gross tons and 300 gross tons.

Par. (5). Pub. L. 115–232, § 3542(a)(2), struck out par. (5) which related to establishing different structural fire protection, manning, operating, and equipment requirements for former public vessels of the United States between 100 gross tons and 500 gross tons.

1996

Par. (4). Pub. L. 104–324, § 710(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 “less than 300 gross tons”.

Par. (5). Pub. L. 104–324, § 710(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 “less than 500 gross tons”.

1993

Pub. L. 103–206 amended section catchline and text generally. Prior to amendment, text read as follows: “If the Secretary decides that the application of a provision of part B or F of this subtitle is not necessary in performing the mission of a vessel engaged in excursions or an oceanographic research vessel, the Secretary by regulation may—

“(1) for an excursion vessel, issue a special permit specifying the conditions of operation and equipment; and

“(2) exempt the oceanographic research vessel from that provision under conditions the Secretary may specify.”

Statutory Notes and Related Subsidiaries

Transfer of Functions

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.

Credits

1983–2025 · 6 acts
  1. 1983Pub. L. 98–89, , 97 Stat. 508
  2. 1993Pub. L. 103–206, title V, § 511(a), , 107 Stat. 2441
  3. 1996Pub. L. 104–324, title VII, § 710, , 110 Stat. 3935
  4. 2018Pub. L. 115–232, div. C, title XXXV, §§ 3541(b)(6), 3542(a), , 132 Stat. 2323, 2324
  5. 2022Pub. L. 117–263, div. K, title CXVI, § 11601(c)(1), , 136 Stat. 4146
  6. 2025Pub. L. 119–60, div. G, title LXXIII, § 7301(k)(1)(B), , 139 Stat. 1759.
Show as published

(Pub. L. 98–89, , 97 Stat. 508; Pub. L. 103–206, title V, § 511(a), , 107 Stat. 2441; Pub. L. 104–324, title VII, § 710, , 110 Stat. 3935; Pub. L. 115–232, div. C, title XXXV, §§ 3541(b)(6), 3542(a), , 132 Stat. 2323, 2324; Pub. L. 117–263, div. K, title CXVI, § 11601(c)(1), , 136 Stat. 4146; Pub. L. 119–60, div. G, title LXXIII, § 7301(k)(1)(B), , 139 Stat. 1759.)

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