Title 46 — Shipping
Part B · Chapter 31 — General
§ 3102. Immersion suits
Statutory text
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.
The Secretary shall establish standards for an immersion suit required by this section, including standards to guarantee adequate thermal protection, buoyance, and flotation stability.
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.
The owner, charterer, managing operator, agent, master, or individual in charge of a vessel violating this section or a regulation prescribed under this section may be fined not more than $25,000, imprisoned for not more than 5 years, or both.
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.
Coast Guard Authorization Act of 1984
Pub. L. 98–557 § 22(a)(1) · 98 Stat. 2860
Enacted · 46 U.S.C. § 3102
Added Pub. L. 98–557, § 22(a)(1), Oct. 30, 1984, 98 Stat. 2871
Source evidence
Code source credit
Added Pub. L. 98–557, § 22(a)(1), Oct. 30, 1984, 98 Stat. 2871Enacted provision · exact public law section
(1) Chapter 31 of title 46, United States Code, is amended by adding at the end thereof the following: “§ 3102. Exposure suits “(a) The Secretary shall by regulation require exposure suits on Regulations. Atlantic Ocean. vessels designated by the Secretary that operate in the Atlantic Ocean north of thirty-two degrees North latitude or south of thirty-two degrees South latitude and in all other waters north of thirty-five degrees North latitude or south of thirty-five 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 exposure 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 individual in charge of a vessel violating this section or a regulation prescribed under this section may be fined not more than $25,000, imprisoned for not more than 5 years, or both.”.Commercial Fishing Industry Vessel Safety Act of 1988
Pub. L. 100–424 § 8(a)(1) · 102 Stat. 1585
Substituted · 46 U.S.C. § 3102
Pub. L. 100–424 substituted “Immersion” for “Exposure” in subsecs. (a) and (b)
Substituted · 46 U.S.C. § 3102
Pub. L. 100–424 substituted “immersion” for “exposure” in subsecs. (a) and (b)
Source evidence
Code amendment note
Pub. L. 100–424 substituted “Immersion” for “Exposure” in section catchline, and “immersion” for “exposure” in subsecs. (a) and (b).Enacted provision · exact public law section
(1) Requirement.— Section 3102 of title 46, United States Code, is amended by striking “exposure” each place it appears and inserting in lieu thereof “immersion”.
3 of 3 references resolved to an enrolled provision
Editorial Notes
Codification
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.
Amendments
1988—Pub. L. 100–424 substituted “Immersion” for “Exposure” in section catchline, and “immersion” for “exposure” in subsecs. (a) and (b).
Statutory Notes and Related Subsidiaries
Repeal of Duplicate Section 3102; References Thereto and Regulations and Actions Thereunder
Pub. L. 99–36, § 2, , 99 Stat. 68, 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 . 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].”
Regulations
Pub. L. 98–623, title VII, § 701(b), (c), , 98 Stat. 3413, 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 [].”
[Regulations effective , see 49 F.R. 50722, .]
[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.]
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.
Credits
1984–1988 · 4 acts
- 1984Added Pub. L. 98–557, § 22(a)(1), , 98 Stat. 2871
- 1984amended Pub. L. 98–623, title VII, § 701(a)(1), , 98 Stat. 3413
- 1985Pub. L. 99–36, § 2, , 99 Stat. 68
- 1988Pub. L. 100–424, § 8(a)(1), (2), , 102 Stat. 1592, 1593.
Show as published
(Added Pub. L. 98–557, § 22(a)(1), , 98 Stat. 2871; amended Pub. L. 98–623, title VII, § 701(a)(1), , 98 Stat. 3413; Pub. L. 99–36, § 2, , 99 Stat. 68; Pub. L. 100–424, § 8(a)(1), (2), , 102 Stat. 1592, 1593.)