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Title 46 — Shipping

Part B · Chapter 31 — General

§ 3104. Survival craft

Statutory text

(a)

Requirement To Equip.—

The Secretary shall require that a passenger vessel be equipped with survival craft that ensures that no part of an individual is immersed in water, if—

(1)

such vessel is built or undergoes a major conversion after ; and

(2)

operates in cold waters as determined by the Secretary.

(b)

Higher Standard of Safety.—

The Secretary may revise part 117 or part 180 of title 46, Code of Federal Regulations, as in effect before , if such revision provides a higher standard of safety than is provided by the regulations in effect on or before the date of the enactment of the Coast Guard Authorization Act of 2016.

(c)

Innovative and Novel Designs.—

The Secretary may, in lieu of the requirements set out in part 117 or part 180 of title 46, Code of Federal Regulations, as in effect on the date of the enactment of the Coast Guard Authorization Act of 2016, allow a passenger vessel to be equipped with a life-saving appliance or arrangement of an innovative or novel design that—

(1)

ensures no part of an individual is immersed in water; and

(2)

provides an equal or higher standard of safety than is provided by such requirements as in effect before such date of the enactment.

(d)

Built Defined.—

In this section, the term “built” has the meaning that term has under section 4503(d).

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. Maritime Safety Act of 2010

    Pub. L. 111–281 title VI § 609(a) · 124 Stat. 2905

    Enacted · 46 U.S.C. § 3104

    Added Pub. L. 111–281, title VI, § 609(a), Oct. 15, 2010, 124 Stat. 2968

    Source evidence

    Code source credit
    Added Pub. L. 111–281, title VI, § 609(a), Oct. 15, 2010, 124 Stat. 2968

    Enacted provision · exact public law section
    (a) In General.— Chapter 31 of title 46, United States Code, is amended by adding at the end the following new section: “§ 3104. Survival craft “(a) Except as provided in subsection (b), the Secretary may not approve a survival craft as a safety device for purposes of this part, unless the craft ensures that no part of an individual is immersed in water. “(b) The Secretary may authorize a survival craft that does not provide protection described in subsection (a) to remain in service until not later than January 1, 2015, if— “(1) it was approved by the Secretary before January 1, 2010; and “(2) it is in serviceable condition.” .

  2. Coast Guard and Maritime Transportation Act of 2012

    Pub. L. 112–213 § 303(1) · 126 Stat. 1540

    Substituted · 46 U.S.C. § 3104(b)

    Pub. L. 112–213, § 303(1), substituted “the date that is 30 months after the date on which the report described in subsection (c) is submitted” for “January 1, 2015” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 112–213, § 303(1), substituted “the date that is 30 months after the date on which the report described in subsection (c) is submitted” for “January 1, 2015” in introductory provisions.

    Enacted provision · exact public law section
    (1) in subsection (b) by striking “January 1, 2015” and inserting “the date that is 30 months after the date on which the report described in subsection (c) is submitted”; and

  3. Coast Guard and Maritime Transportation Act of 2012

    Pub. L. 112–213 § 303(2) · 126 Stat. 1540

    Added · 46 U.S.C. § 3104(c)

    Pub. L. 112–213, § 303(2), added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 112–213, § 303(2), added subsec. (c).

    Enacted provision · exact public law section
    (2) by adding at the end the following: “(c) Report.— Not later than 180 days after the date of enactment of this subsection, the Commandant of the Coast Guard shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the carriage of survival craft that ensures no part of an individual is immersed in water, which shall include— “(1) the number of casualties, by vessel type and area of operation, as the result of immersion in water reported to the Coast Guard for each of fiscal years 1991 through 2011; “(2) the effect the carriage of such survival craft has on— “(A) vessel safety, including stability and safe navigation; and “(B) survivability of individuals, including persons with disabilities, children, and the elderly; “(3) the efficacy of alternative safety systems, devices, or measures; “(4) the cost and cost effectiveness of requiring the carriage of such survival craft on vessels; and “(5) the number of small businesses and nonprofit entities that would be affected by requiring the carriage of such survival craft on vessels.” .

  4. Coast Guard Authorization Act of 2015

    Pub. L. 114–120 title III § 301(a) · 130 Stat. 27

    Amended · 46 U.S.C. § 3104

    Pub. L. 114–120 amended section generally. Prior to amendment, section related to survival craft

    Source evidence

    Code amendment note
    Pub. L. 114–120 amended section generally. Prior to amendment, section related to survival craft.

    Enacted provision · exact public law section
    (a) In General.— Section 3104 of title 46, United States Code, is amended to read as follows: “§ 3104. Survival craft “(a) Requirement To Equip.— The Secretary shall require that a passenger vessel be equipped with survival craft that ensures that no part of an individual is immersed in water, if— “(1) Deadline. such vessel is built or undergoes a major conversion after January 1, 2016; and “(2) operates in cold waters as determined by the Secretary. “(b) Higher Standard of Safety.— The Secretary may revise part 117 or part 180 of title 46, Code of Federal Regulations, as in effect before January 1, 2016, if such revision provides a higher standard of safety than is provided by the regulations in effect on or before the date of the enactment of the Coast Guard Authorization Act of 2015. “(c) Innovative and Novel Designs.— The Secretary may, in lieu of the requirements set out in part 117 or part 180 of title 46, Code of Federal Regulations, as in effect on the date of the enactment of the Coast Guard Authorization Act of 2015, allow a passenger vessel to be equipped with a life-saving appliance or arrangement of an innovative or novel design that— “(1) ensures no part of an individual is immersed in water; and “(2) provides an equal or higher standard of safety than is provided by such requirements as in effect before such date of the enactment. “(d) Built Defined.— In this section, the term ‘built’ has the meaning that term has under section 4503(e).” .

    Effective date note
    Amendment by Pub. L. 114–328 effective as if included in the enactment of Pub. L. 114–120, see section 3503(e) of Pub. L. 114–328, set out as a note under section 2182 of Title 14, Coast Guard.

  5. National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 div. C title XXXV § 3503(a) · 130 Stat. 2000

    Substituted · 46 U.S.C. § 3104(b); 46 U.S.C. § 3104(c)

    Pub. L. 114–328 substituted “Coast Guard Authorization Act of 2016” for “Coast Guard Authorization Act of 2015”

    Source evidence

    Code amendment note
    Subsecs. (b), (c). Pub. L. 114–328 substituted “Coast Guard Authorization Act of 2016” for “Coast Guard Authorization Act of 2015”.

    Enacted provision · exact public law section
    (a) Short Title Correction.— The Coast Guard Authorization Act of 2015 (Public Law 114–120) is amended by striking “Coast Guard Authorization Act of 2015” each place it appears (including in quoted material) and inserting “Coast Guard Authorization Act of 2016”.

    Effective date note
    Amendment by Pub. L. 114–328 effective as if included in the enactment of Pub. L. 114–120, see section 3503(e) of Pub. L. 114–328, set out as a note under section 2182 of Title 14, Coast Guard.

  6. Frank LoBiondo Coast Guard Authorization Act of 2018

    Pub. L. 115–282 title V § 508(e) · 132 Stat. 4192

    Substituted · 46 U.S.C. § 3104(d)

    Pub. L. 115–282 substituted “section 4503(d)” for “section 4503(e)”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 115–282 substituted “section 4503(d)” for “section 4503(e)”.

    Enacted provision · exact public law section
    (e) Conforming Amendment.— Section 3104 of title 46, United States Code, is amended by striking “section 4503(e)” and inserting “section 4503(d)”.

6 of 6 references resolved to an enrolled provision

Editorial Notes

References in Text

The date of the enactment of the Coast Guard Authorization Act of 2016, referred to in subsecs. (b) and (c), is the date of enactment of Pub. L. 114–120, which was approved .

Amendments2012–2018 · 3 rounds

2018

Subsec. (d). Pub. L. 115–282 substituted “section 4503(d)” for “section 4503(e)”.

2016

Pub. L. 114–120 amended section generally. Prior to amendment, section related to survival craft.

Subsecs. (b), (c). Pub. L. 114–328 substituted “Coast Guard Authorization Act of 2016” for “Coast Guard Authorization Act of 2015”.

2012

Subsec. (b). Pub. L. 112–213, § 303(1), substituted “the date that is 30 months after the date on which the report described in subsection (c) is submitted” for “” in introductory provisions.

Subsec. (c). Pub. L. 112–213, § 303(2), added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2016 Amendment

Amendment by Pub. L. 114–328 effective as if included in the enactment of Pub. L. 114–120, see section 3503(e) of Pub. L. 114–328, set out as a note under section 2182 of Title 14, Coast Guard.

Review; Revision of Regulations

Pub. L. 114–120, title III, § 301(b), , 130 Stat. 50, provided that:

“(1)

Review.—

Not later than , the Secretary of the department in which the Coast Guard is operating shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a review of—

“(A)

the number of casualties for individuals with disabilities, children, and the elderly as a result of immersion in water, reported to the Coast Guard over the preceding 30-year period, by vessel type and area of operation;

“(B)

the risks to individuals with disabilities, children, and the elderly as a result of immersion in water, by passenger vessel type and area of operation;

“(C)

the effect that carriage of survival craft that ensure that no part of an individual is immersed in water has on—

“(i)

passenger vessel safety, including stability and safe navigation;

“(ii)

improving the survivability of individuals, including individuals with disabilities, children, and the elderly; and

“(iii)

the costs, the incremental cost difference to vessel operators, and the cost effectiveness of requiring the carriage of such survival craft to address the risks to individuals with disabilities, children, and the elderly;

“(D)

the efficacy of alternative safety systems, devices, or measures in improving survivability of individuals with disabilities, children, and the elderly; and

“(E)

the number of small businesses and nonprofit vessel operators that would be affected by requiring the carriage of such survival craft on passenger vessels to address the risks to individuals with disabilities, children, and the elderly.

“(2)

Scope.—

In conducting the review under paragraph (1), the Secretary shall include an examination of passenger vessel casualties that have occurred in the waters of other nations.

“(3)

Updates.—

The Secretary shall update the review required under paragraph (1) every 5 years.

“(4)

Revision.—

Based on the review conducted under paragraph (1), including updates thereto, the Secretary shall revise regulations concerning the carriage of survival craft under section 3104(c) of title 46, United States Code.”

Credits

2010–2018 · 5 acts
  1. 2010Added Pub. L. 111–281, title VI, § 609(a), , 124 Stat. 2968
  2. 2012amended Pub. L. 112–213, title III, § 303, , 126 Stat. 1563
  3. 2016Pub. L. 114–120, title III, § 301(a), , 130 Stat. 50
  4. 2016Pub. L. 114–328, div. C, title XXXV, § 3503(a), , 130 Stat. 2775
  5. 2018Pub. L. 115–282, title V, § 508(e), , 132 Stat. 4273.
Show as published

(Added Pub. L. 111–281, title VI, § 609(a), , 124 Stat. 2968; amended Pub. L. 112–213, title III, § 303, , 126 Stat. 1563; Pub. L. 114–120, title III, § 301(a), , 130 Stat. 50; Pub. L. 114–328, div. C, title XXXV, § 3503(a), , 130 Stat. 2775; Pub. L. 115–282, title V, § 508(e), , 132 Stat. 4273.)

Parsed from the official OLRC USLM XML in data/usc_all/usc46.xml · release point 119-108 · OLRC build 2026-03-26

USLM identifier /us/usc/t46/s3104