Title 46 — Shipping
Part B · Chapter 33 — Inspection Generally
§ 3304. Transporting individuals in addition to crew
Statutory text
A documented vessel transporting cargo that transports not more than 12 individuals in addition to the crew on international voyages, or not more than 16 individuals in addition to the crew on other voyages, is not subject to inspection as a passenger vessel or a small passenger vessel if the vessel is otherwise subject to inspection under this chapter.
Except when subsection (e) of this section applies, before an individual in addition to the crew is transported on a vessel as permitted by this section, the owner, charterer, managing operator, agent, master, or individual in charge of the vessel first shall notify the individual of the presence on board of dangerous articles as defined by law, and of other conditions or circumstances that would constitute a risk of safety to the individual on board.
A privilege authorized by this section applies to a vessel of a foreign country that affords a similar privilege to vessels of the United States in trades not restricted to vessels under its own flag.
A fishing, fish processing, or fish tender vessel that transports not more than 12 individuals employed in the fishing industry in addition to the crew is not subject to inspection as a passenger or small passenger vessel.
The Secretary may by regulation allow individuals in addition to the crew to be transported in an emergency or under section 2304 of this title.
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.
Pub. L. 98–89 · 97 Stat. 500
Enacted · 46 U.S.C. § 3304
Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 513
Source evidence
Code source credit
Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 513Commercial Fishing Industry Vessel Act
Pub. L. 98–364 title IV § 402(4) · 98 Stat. 440
Added · 46 U.S.C. § 3304(d)
Pub. L. 98–364 added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 98–364 added subsec. (d).Enacted provision · exact public law section
(4) Section 3304 is amended by adding at the end thereof the following: “(d) A fishing, fish processing, or fish tender vessel that transports not more than 12 individuals employed in the fishing industry in addition to the crew is not subject to inspection as a passenger or small passenger vessel.”.Pub. L. 99–307 § 1(5)(A)(i) · 100 Stat. 444
Substituted · 46 U.S.C. § 3304
Pub. L. 99–307, § 1(5)(A)(i), substituted “Transporting” for “Carrying” in section catchline
Source evidence
Code amendment note
Pub. L. 99–307, § 1(5)(A)(i), substituted “Transporting” for “Carrying” in section catchline.Enacted provision · exact public law section
(1) In section 2101(14)(C), strike “Material” and substitute “Materials”.Pub. L. 99–307 § 1(5)(A)(ii) · 100 Stat. 444
Substituted · 46 U.S.C. § 3304(a)
Pub. L. 99–307, § 1(5)(A)(ii), substituted “transporting cargo that transports” for “carrying cargo that carries”
Inserted · 46 U.S.C. § 3304(a)
Pub. L. 99–307, § 1(5)(A)(ii), inserted “if the vessel is otherwise subject to inspection under this chapter”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 99–307, § 1(5)(A)(ii), substituted “transporting cargo that transports” for “carrying cargo that carries” and inserted “if the vessel is otherwise subject to inspection under this chapter”.Enacted provision · exact public law section
(1) In section 2101(14)(C), strike “Material” and substitute “Materials”.Pub. L. 99–307 § 1(5)(A)(iii) · 100 Stat. 444
Substituted · 46 U.S.C. § 3304(b)
Pub. L. 99–307, § 1(5)(A)(iii), substituted “Except when subsection (e) of this section applies, before” for “Before”
Substituted · 46 U.S.C. § 3304(b)
Pub. L. 99–307, § 1(5)(A)(iii), substituted “transported” for “carried”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 99–307, § 1(5)(A)(iii), substituted “Except when subsection (e) of this section applies, before” for “Before” and “transported” for “carried”.Enacted provision · exact public law section
(1) In section 2101(14)(C), strike “Material” and substitute “Materials”.Pub. L. 99–307 § 1(5)(A)(iv) · 100 Stat. 444
Substituted · 46 U.S.C. § 3304(c)
Pub. L. 99–307, § 1(5)(A)(iv), substituted “A privilege” for “The privilege”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 99–307, § 1(5)(A)(iv), substituted “A privilege” for “The privilege”.Enacted provision · exact public law section
(1) In section 2101(14)(C), strike “Material” and substitute “Materials”.Pub. L. 99–307 § 1(5)(A)(v) · 100 Stat. 444
Added · 46 U.S.C. § 3304(e)
Pub. L. 99–307, § 1(5)(A)(v), added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 99–307, § 1(5)(A)(v), added subsec. (e).Enacted provision · exact public law section
(1) In section 2101(14)(C), strike “Material” and substitute “Materials”.
8 of 9 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | |
|---|---|
| Revised section | Source section (U.S. Code) |
| 3304 | 46:390–39346:882 |
Section 3304 permits the carriage of not more than 12 individuals in addition to the crew on international voyages or not more than 16 individuals in addition to the crew on other voyages without subjecting a documented vessel carrying cargo to the inspection requirements of a passenger vessel. This section permits the bulk of vessels subject to the International Convention for Safety of Life at Sea to carry up to 12 passengers and to permit other cargo vessels, primarily those engaged in the coastwise trade, to carry up to 16 passengers without being categorized as passenger vessels. It also requires that these individuals be notified of the presence of dangerous articles or other conditions or circumstances that constitute a risk of safety. This is of prime importance on tank vessels that carry flammable or hazardous cargoes.
Editorial Notes
Amendments1984–1986 · 2 rounds
1986
Pub. L. 99–307, § 1(5)(A)(i), substituted “Transporting” for “Carrying” in section catchline.
Subsec. (a). Pub. L. 99–307, § 1(5)(A)(ii), substituted “transporting cargo that transports” for “carrying cargo that carries” and inserted “if the vessel is otherwise subject to inspection under this chapter”.
Subsec. (b). Pub. L. 99–307, § 1(5)(A)(iii), substituted “Except when subsection (e) of this section applies, before” for “Before” and “transported” for “carried”.
Subsec. (c). Pub. L. 99–307, § 1(5)(A)(iv), substituted “A privilege” for “The privilege”.
Subsec. (e). Pub. L. 99–307, § 1(5)(A)(v), added subsec. (e).
1984
Subsec. (d). Pub. L. 98–364 added subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective , see section 2(g)(1) of Pub. L. 98–89, set out as a note under section 3101 of this title.
Credits
1983–1986 · 3 acts
- 1983Pub. L. 98–89, , 97 Stat. 513
- 1984Pub. L. 98–364, title IV, § 402(4), , 98 Stat. 446
- 1986Pub. L. 99–307, § 1(5)(A), , 100 Stat. 444.
Show as published
(Pub. L. 98–89, , 97 Stat. 513; Pub. L. 98–364, title IV, § 402(4), , 98 Stat. 446; Pub. L. 99–307, § 1(5)(A), , 100 Stat. 444.)