§ 3316. Classification societies

Footnotes

1. 1 See References in Text note below.

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. 1983

   Pub. L. 98–89 · 97 Stat. 500

   Enacted · 46 U.S.C. § 3316

   Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 516

   Source evidence

   Code source credit
   Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 516

2. 1996

   Coast Guard Regulatory Reform Act of 1996

   Pub. L. 104–324 § 607(b)(1) · 110 Stat. 3901

   Substituted · 46 U.S.C. § 3316

   Pub. L. 104–324, § 607(b)(1), substituted “Classification societies” for “United States classification societies” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 104–324, § 607(b)(1), substituted “Classification societies” for “United States classification societies” in section catchline.

   Enacted provision · exact public law section
   (1) The heading for section 3316 of title 46, United States Code, is amended to read as follows: “§ 3316. Classification societies”.

3. 1996

   Coast Guard Regulatory Reform Act of 1996

   Pub. L. 104–324 § 607(a)(3) · 110 Stat. 3901

   Substituted · 46 U.S.C. § 3316(a)

   Pub. L. 104–324, § 607(a)(3), which directed the substitution of “American Bureau of Shipping” for “Bureau”, was executed by making the substitution the first place appearing, to reflect the probable intent of Congress

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 104–324, § 607(a)(3), which directed the substitution of “American Bureau of Shipping” for “Bureau”, was executed by making the substitution the first place appearing, to reflect the probable intent of Congress.

   Enacted provision · exact public law section
   (3) by striking “Bureau” in subsection (a), as redesignated, and inserting “American Bureau of Shipping”; and

4. 1996

   Coast Guard Regulatory Reform Act of 1996

   Pub. L. 104–324 § 607(a)(1) · 110 Stat. 3901

   1. Redesignated · 46 U.S.C. § 3316(a)

      Pub. L. 104–324, § 607(a)(1), (2), redesignated subsec. (b) as (a)

   2. Struck · 46 U.S.C. § 3316(a)

      Pub. L. 104–324, § 607(a)(1), (2), struck out former subsec. (a) which read as follows: “In carrying out this part, the Secretary may rely on reports, documents, and certificates issued by the American Bureau of Shipping or a similar United States classification society, or an agent of the Bureau or society.”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 104–324, § 607(a)(1), (2), redesignated subsec. (b) as (a) and struck out former subsec. (a) which read as follows: “In carrying out this part, the Secretary may rely on reports, documents, and certificates issued by the American Bureau of Shipping or a similar United States classification society, or an agent of the Bureau or society.”

   Enacted provision · exact public law section
   (1) by striking subsections (a) and (d);

5. 1996

   Coast Guard Regulatory Reform Act of 1996

   Pub. L. 104–324 § 607(a)(2) · 110 Stat. 3901

   1. Redesignated · 46 U.S.C. § 3316(b)

      Pub. L. 104–324, § 607(a)(2), (4), redesignated subsec. (c) as (b)

   2. Added · 46 U.S.C. § 3316(b)

      Pub. L. 104–324, § 607(a)(2), (4), added pars. (1) and (2)

   3. Redesignated · 46 U.S.C. § 3316(b)

      Pub. L. 104–324, § 607(a)(2), (4), redesignated former par. (2) as (3)

   4. Redesignated · 46 U.S.C. § 3316(b)

      Pub. L. 104–324, § 607(a)(2), (4), struck out former par. (1) which read as follows: “To the maximum extent practicable, the Secretary may delegate to the Bureau or a similar United States classification society, or an agent of the Bureau or society, the inspection or examination, in the United States or in a foreign country, of a vessel documented or to be documented as a vessel of the United States. The Bureau, society, or agent may issue the certificate of inspection required by this part and other certificates essential to documentation.” Former subsec. (b) redesignated (a)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 104–324, § 607(a)(2), (4), redesignated subsec. (c) as (b), added pars. (1) and (2), redesignated former par. (2) as (3), and struck out former par. (1) which read as follows: “To the maximum extent practicable, the Secretary may delegate to the Bureau or a similar United States classification society, or an agent of the Bureau or society, the inspection or examination, in the United States or in a foreign country, of a vessel documented or to be documented as a vessel of the United States. The Bureau, society, or agent may issue the certificate of inspection required by this part and other certificates essential to documentation.” Former subsec. (b) redesignated (a).

   Enacted provision · exact public law section
   (2) by redesignating subsections (b) and (c) as subsections (a) and (b), respectively;

6. 1996

   Coast Guard Regulatory Reform Act of 1996

   Pub. L. 104–324 § 607(a)(2) · 110 Stat. 3901

   Redesignated · 46 U.S.C. § 3316(c)

   Pub. L. 104–324, § 607(a)(2), redesignated subsec. (c) as (b)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 104–324, § 607(a)(2), redesignated subsec. (c) as (b).

   Enacted provision · exact public law section
   (2) by redesignating subsections (b) and (c) as subsections (a) and (b), respectively;

7. 1996

   Coast Guard Regulatory Reform Act of 1996

   Pub. L. 104–324 § 607(a)(1) · 110 Stat. 3901

   Struck · 46 U.S.C. § 3316(d)

   Pub. L. 104–324, § 607(a)(1), struck out subsec. (d) which read as follows: “The Secretary also may make an agreement with or use the Bureau or a similar United States classification society, or an agent of the Bureau or society, for reviewing and approving plans required for issuing a certificate of inspection.”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 104–324, § 607(a)(1), struck out subsec. (d) which read as follows: “The Secretary also may make an agreement with or use the Bureau or a similar United States classification society, or an agent of the Bureau or society, for reviewing and approving plans required for issuing a certificate of inspection.”

   Enacted provision · exact public law section
   (1) by striking subsections (a) and (d);

8. 2004

   Pub. L. 108–293 title IV § 413(a) · 118 Stat. 1028

   Added · 46 U.S.C. § 3316(c)

   Pub. L. 108–293 added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 108–293 added subsec. (c).

   Enacted provision · exact public law section
   (a) In General.— Section 3316 of title 46, United States Code, is amended by adding at the end the following: “(c) (1) A classification society (including an employee or agent of that society) may not review, examine, survey, or certify the construction, repair, or alteration of a vessel in the United States unless— “(A) the society has applied for approval under this subsection and the Secretary has reviewed and approved that society with respect to the conduct of that society under paragraph (2); or “(B) the society is a full member of the International Association of Classification Societies. “(2) The Secretary may approve a person for purposes of paragraph (1) only if the Secretary determines that— “(A) the vessels surveyed by the person while acting as a classification society have an adequate safety record; and “(B) the person has an adequate program to— “(i) develop and implement safety standards for vessels surveyed by the person; “(ii) make the safety records of the person available to the Secretary in an electronic format; “(iii) provide the safety records of a vessel surveyed by the person to any other classification society that requests those records for the purpose of conducting a survey of the vessel; and “(iv) request the safety records of a vessel the person will survey from any classification society that previously surveyed the vessel.” .

   Effective date note
   Pub. L. 108–293, title IV, § 413(b), Aug. 9, 2004, 118 Stat. 1046, provided that: “Section 3316(c)(1) of title 46, United States Code, shall apply with respect to operation as a classification society on or after January 1, 2005.”

9. 2010

   Maritime Safety Act of 2010

   Pub. L. 111–281 § 622(b) · 124 Stat. 2905

   1. Added · 46 U.S.C. § 3316(c)

      Pub. L. 111–281, § 622(b), added par. (1)

   2. Struck · 46 U.S.C. § 3316(c)

      Pub. L. 111–281, § 622(b), struck out former par. (1) which read as follows: “A classification society (including an employee or agent of that society) may not review, examine, survey, or certify the construction, repair, or alteration of a vessel in the United States unless—

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 111–281, § 622(b), added par. (1) and struck out former par. (1) which read as follows: “A classification society (including an employee or agent of that society) may not review, examine, survey, or certify the construction, repair, or alteration of a vessel in the United States unless—

   “(A) the society has applied for approval under this subsection and the Secretary has reviewed and approved that society with respect to the conduct of that society under paragraph (2); or “(B) the society is a full member of the International Association of Classification Societies.”

   Enacted provision · exact public law section
   (b) Review and Approval of Classification Society Required.— Section 3316(c) of title 46, United States Code, is amended by striking so much as precedes paragraph (2) and inserting the following: “(c) (1) A classification society (including an employee or agent of that society) may not review, examine, survey, or certify the construction, repair, or alteration of a vessel in the United States unless the society has applied for approval under this subsection and the Secretary has reviewed and approved that society with respect to the conduct of that society under paragraph (2).” .

10. 2010

    Maritime Safety Act of 2010

    Pub. L. 111–281 § 622(a) · 124 Stat. 2905

    Added · 46 U.S.C. § 3316(d)

    Pub. L. 111–281, § 622(a), added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 111–281, § 622(a), added subsec. (d).

    Enacted provision · exact public law section
    (a) In General.— Section 3316 of title 46, United States Code, is amended by adding at the end the following new subsection: “(d) (1) The Secretary may delegate to the American Bureau of Shipping or another classification society recognized by the Secretary as meeting acceptable standards for such a society, for a United States offshore facility, the authority to— “(A) review and approve plans required for issuing a certificate of inspection, a certificate of compliance, or any other certification and related documents issued by the Coast Guard pursuant to regulations issued under section 30 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356); and “(B) conduct inspections and examinations. “(2) The Secretary may make a delegation under paragraph (1) to a foreign classification society only if— “(A) the foreign society has offices and maintains records in the United States; and “(B) (i) the government of the foreign country in which the foreign society is headquartered delegates that authority to the American Bureau of Shipping; or “(ii) Contracts. the Secretary has entered into an agreement with the government of the foreign country in which the foreign society is headquartered that— “(I) ensures the government of the foreign country will accept plan review, inspections, or examinations conducted by the American Bureau of Shipping and provide equivalent access to inspect, certify, and provide related services to offshore facilities located in that country or operating under the authority of that country; and “(II) is in full accord with principles of reciprocity in regards to any delegation contemplated by the Secretary under paragraph (1). “(3) If an inspection or examination is conducted under authority delegated under this subsection, the person to which the authority was delegated— “(A) Records. shall maintain in the United States complete files of all information derived from or necessarily connected with the inspection or examination for at least 2 years after the United States offshore facility ceases to be certified; and “(B) shall permit access to those files at all reasonable times to any officer, employee, or member of the Coast Guard designated— “(i) as a marine inspector and serving in a position as a marine inspector; or “(ii) in writing by the Secretary to have access to those files. “(4) Definitions. For purposes of this subsection— “(A) the term ‘offshore facility’ means any installation, structure, or other device (including any vessel not documented under chapter 121 of this title or the laws of another country), fixed or floating, that dynamically holds position or is temporarily or permanently attached to the seabed or subsoil under the sea; and “(B) the term ‘United States offshore facility’ means any offshore facility, fixed or floating, that dynamically holds position or is temporarily or permanently attached to the seabed or subsoil under the territorial sea of the United States or the outer Continental Shelf (as that term is defined in section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331)), including any vessel, rig, platform, or other vehicle or structure subject to regulation under section 30 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356).” .

11. 2012

    Coast Guard and Maritime Transportation Act of 2012

    Pub. L. 112–213 § 304(1) · 126 Stat. 1540

    Added · 46 U.S.C. § 3316(b)(2)(C)

    Pub. L. 112–213, § 304(1), added subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (b)(2)(C). Pub. L. 112–213, § 304(1), added subpar. (C).

    Enacted provision · exact public law section
    (1) in subsection (b)(2)— (A) by striking “and” at the end of subparagraph (A); (B) by striking the period at the end of subparagraph (B) and inserting “; and”; and (C) by adding at the end the following: “(C) if the Secretary of State determines that the foreign classification society does not provide comparable services in or for a state sponsor of terrorism.” ;

12. 2012

    Coast Guard and Maritime Transportation Act of 2012

    Pub. L. 112–213 § 304(2) · 126 Stat. 1540

    Added · 46 U.S.C. § 3316(d)(2)(C)

    Pub. L. 112–213, § 304(2), added subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (d)(2)(C). Pub. L. 112–213, § 304(2), added subpar. (C).

    Enacted provision · exact public law section
    (2) in subsection (d)(2)— (A) by striking “and” at the end of subparagraph (A); (B) by striking the period at the end of subparagraph (B) and inserting “; and”; and (C) by adding at the end the following: “(C) the Secretary of State determines that the foreign classification society does not provide comparable services in or for a state sponsor of terrorism.” ; and

13. 2012

    Coast Guard and Maritime Transportation Act of 2012

    Pub. L. 112–213 § 304(3) · 126 Stat. 1540

    Added · 46 U.S.C. § 3316(e); 46 U.S.C. § 3316(f)

    Pub. L. 112–213, § 304(3), added subsecs. (e) and (f)

    Source evidence

    Code amendment note
    Subsecs. (e), (f). Pub. L. 112–213, § 304(3), added subsecs. (e) and (f).

    Enacted provision · exact public law section
    (3) by adding at the end the following: “(e) Revocation. Determination. The Secretary shall revoke a delegation made to a classification society under subsection (b) or (d) if the Secretary of State determines that the classification society provides comparable services in or for a state sponsor of terrorism. “(f) Definition. In this section, the term ‘state sponsor of terrorism’ means any country the government of which the Secretary of State has determined has repeatedly provided support for acts of international terrorism pursuant to section 6(j) of the Export Administration Act of 1979 (as continued in effect under the International Emergency Economic Powers Act), section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or any other provision of law.” .

14. 2014

    Howard Coble Coast Guard and Maritime Transportation Act of 2014

    Pub. L. 113–281 title III § 315 · 128 Stat. 3022

    1. Added · 46 U.S.C. § 3316(f); 46 U.S.C. § 3316(g)

       Pub. L. 113–281 added subsec. (f)

    2. Redesignated · 46 U.S.C. § 3316(f); 46 U.S.C. § 3316(g)

       Pub. L. 113–281 redesignated former subsec. (f) as (g)

    Source evidence

    Code amendment note
    Subsecs. (f), (g). Pub. L. 113–281 added subsec. (f) and redesignated former subsec. (f) as (g).

    Enacted provision · exact public law section
    SEC. 315. OFFSHORE SUPPLY VESSEL THIRD-PARTY INSPECTION.   Section 3316 of title 46, United States Code, 46 USC 3316. is amended by redesignating subsection (f) as subsection (g), and by inserting after subsection (e) the following: “(f) (1) Delegation authority. Upon request of an owner or operator of an offshore supply vessel, the Secretary shall delegate the authorities set forth in paragraph (1) of subsection (b) with respect to such vessel to a classification society to which a delegation is authorized under that paragraph. A delegation by the Secretary under this subsection shall be used for any vessel inspection and examination function carried out by the Secretary, including the issuance of certificates of inspection and all other related documents. “(2) Determination. If the Secretary determines that a certificate of inspection or related document issued under authority delegated under paragraph (1) of this subsection with respect to a vessel has reduced the operational safety of that vessel, the Secretary may terminate the certificate or document, respectively. “(3) Deadline. Reports. Not later than 2 years after the date of the enactment of the Howard Coble Coast Guard and Maritime Transportation Act of 2014, and for each year of the subsequent 2-year period, the Secretary shall provide 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 describing— “(A) the number of vessels for which a delegation was made under paragraph (1); “(B) any savings in personnel and operational costs incurred by the Coast Guard that resulted from the delegations; and “(C) based on measurable marine casualty and other data, any impacts of the delegations on the operational safety of vessels for which the delegations were made, and on the crew on those vessels.” .

15. 2018

    Hamm Alert Maritime Safety Act of 2018

    Pub. L. 115–265 title II § 215(a) · 132 Stat. 3742

    1. Added · 46 U.S.C. § 3316(g); 46 U.S.C. § 3316(h)

       Pub. L. 115–265 added subsec. (g)

    2. Redesignated · 46 U.S.C. § 3316(g); 46 U.S.C. § 3316(h)

       Pub. L. 115–265 redesignated former subsec. (g) as (h)

    Source evidence

    Code amendment note
    Subsecs. (g), (h). Pub. L. 115–265 added subsec. (g) and redesignated former subsec. (g) as (h).

    Enacted provision · exact public law section
    (a) In General.— Section 3316 of title 46, United States Code, is amended by redesignating subsection (g) as subsection (h), and by inserting after subsection (f) the following: “(g) (1) There shall be within the Coast Guard an office that conducts comprehensive and targeted oversight of all recognized organizations that act on behalf of the Coast Guard. “(2) The staff of the office shall include subject matter experts, including inspectors, investigators, and auditors, who possess the capability and authority to audit all aspects of such recognized organizations. “(3) Definition. In this subsection the term ‘recognized organization’ has the meaning given that term in section 2.45–1 of title 46, Code of Federal Regulations, as in effect on the date of the enactment of the Hamm Alert Maritime Safety Act of 2018.” .

16. 2025

    Pub. L. 119–60 § 7346(1) · 139 Stat. 1778

    Amended · 46 U.S.C. § 3316(d)(2)(B)(i)

    Pub. L. 119–60, § 7346(1), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “the government of the foreign country in which the foreign society is headquartered delegates that authority to the American Bureau of Shipping; or”

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

    Source evidence

    Code amendment note
    Subsec. (d)(2)(B)(i). Pub. L. 119–60, § 7346(1), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “the government of the foreign country in which the foreign society is headquartered delegates that authority to the American Bureau of Shipping; or”.

17. 2025

    Pub. L. 119–60 § 7346(2) · 139 Stat. 1778

    Added · 46 U.S.C. § 3316(d)(5)

    Pub. L. 119–60, § 7346(2), added par. (5)

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

    Source evidence

    Code amendment note
    Subsec. (d)(5). Pub. L. 119–60, § 7346(2), added par. (5).

21 of 24 references resolved to an enrolled provision · 1 partial · 2 unresolved