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Title 46 — Shipping

Part B · Chapter 41 — Uninspected Vessels Generally

§ 4102. Safety equipment

Statutory text

(a)

Each uninspected vessel propelled by machinery shall be provided with the number, type, and size of fire extinguishers, capable of promptly and effectively extinguishing burning liquid fuel, that may be prescribed by regulation. The fire extinguishers shall be kept in condition for immediate and effective use and so placed as to be readily accessible.

(b)

The Secretary shall prescribe regulations requiring the installation, maintenance, and use of life preservers and other lifesaving devices for individuals on board uninspected vessels.

(c)

Each uninspected vessel shall have the carburetors of each engine of the vessel (except an outboard motor) using gasoline as fuel, equipped with an efficient flame arrestor, backfire trap, or other similar device prescribed by regulation.

(d)

Each uninspected vessel using a volatile liquid as fuel shall be provided with the means prescribed by regulation for properly and efficiently ventilating the bilges of the engine and fuel tank compartments, so as to remove any explosive or flammable gases.

(e)

Each manned uninspected vessel owned in the United States and operating beyond 3 nautical miles from the baselines from which the territorial sea of the United States is measured or beyond three nautical miles from the coastline of the Great Lakes shall be equipped with the number and type of alerting and locating equipment, including emergency position indicating radio beacons, prescribed by the Secretary.

(f)
(1)

The Secretary, in consultation with the National Towing Safety Advisory Committee and taking into consideration the characteristics, methods of operation, and nature of service of towing vessels, may require the installation, maintenance, and use of a fire suppression system or other measures to provide adequate assurance that fires on board towing vessels can be suppressed under reasonably foreseeable circumstances.

(2)

The Secretary shall require under paragraph (1) the use of a fire suppression system or other measures to provide adequate assurance that a fire on board a towing vessel that is towing a non-self-propelled tank vessel can be suppressed under reasonably foreseeable circumstances.

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. § 4102

    Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 528

    Source evidence

    Code source credit
    Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 528

  2. Coast Guard Authorization Act of 1986

    Pub. L. 99–640 § 16 · 100 Stat. 3545

    Added · 46 U.S.C. § 4102(e)

    Pub. L. 99–640 added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 99–640 added subsec. (e).

    Enacted provision · exact public law section
    Sec. 16. vessel safety Section 4102 of title 46, United States Code, is amended by adding at the end thereof the following: “(e) Fish and fishing. Each uninspected fishing, fish processing, or fish tender vessel operating on the high seas shall be equipped with the number and type of emergency position indicating radio beacons prescribed by regulation.”.

  3. Commercial Fishing Industry Vessel Safety Act of 1988

    Pub. L. 100–424 § 2(c) · 102 Stat. 1585

    Struck · 46 U.S.C. § 4102(e)

    Pub. L. 100–424 struck out subsec. (e) which read as follows: “Each uninspected fishing, fish processing, or fish tender vessel operating on the high seas shall be equipped with the number and type of emergency position indicating radio beacons prescribed by regulation.” See section 4502(a)(7) of this title

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–424 struck out subsec. (e) which read as follows: “Each uninspected fishing, fish processing, or fish tender vessel operating on the high seas shall be equipped with the number and type of emergency position indicating radio beacons prescribed by regulation.” See section 4502(a)(7) of this title.

    Enacted provision · exact public law section
    (c) Repeal.— Subsection (e) of section 4102 of title 46, United States Code, is repealed.

  4. Pub. L. 100–540 § 1(a) · 102 Stat. 2719

    Repealed · 46 U.S.C. § 4102(e)

    Pub. L. 100–540 amended subsec. (e) generally without regard to the prior repeal of subsec. (e) by Pub. L. 100–424

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 100–540 amended subsec. (e) generally without regard to the prior repeal of subsec. (e) by Pub. L. 100–424.

    Enacted provision · exact public law section
    (a) In General.— Subsection (e) of section 4102 of title 46, United States Code, is amended to read as follows: “(e) Each manned uninspected vessel operating on the high seas or beyond three nautical miles from the coastline of the Great Lakes shall be equipped with the number and type of alerting and locating equipment, including emergency position indicating radio beacons, prescribed by the Secretary.”.

  5. Coast Guard Authorization Act of 1996

    Pub. L. 104–324 title IX § 902(a) · 110 Stat. 3901

    Added · 46 U.S.C. § 4102(f)

    Pub. L. 104–324 added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 104–324 added subsec. (f).

    Enacted provision · exact public law section
    (a) In General.— Section 4102 of title 46, United States Code, is amended by adding at the end the following new subsection: “(f) (1) The Secretary, in consultation with the Towing Safety Advisory Committee and taking into consideration the characteristics, methods of operation, and nature of service of towing vessels, may require the installation, maintenance, and use of a fire suppression system or other measures to provide adequate assurance that fires on board towing vessels can be suppressed under reasonably foreseeable circumstances. “(2) The Secretary shall require under paragraph (1) the use of a fire suppression system or other measures to provide adequate assurance that a fire on board a towing vessel that is towing a non-self-propelled tank vessel can be suppressed under reasonably foreseeable circumstances.”.

  6. Coast Guard Authorization Act of 1998

    Pub. L. 105–383 title III § 301(b)(3) · 112 Stat. 3411

    Substituted · 46 U.S.C. § 4102(e)

    Pub. L. 105–383 substituted “owned in the United States and operating beyond 3 nautical miles from the baselines from which the territorial sea of the United States is measured” for “operating on the high seas”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 105–383 substituted “owned in the United States and operating beyond 3 nautical miles from the baselines from which the territorial sea of the United States is measured” for “operating on the high seas”.

    Enacted provision · exact public law section
    (3) Section 4102(e) of that title is amended by striking “operating on the high seas” and inserting “owned in the United States and operating beyond 3 nautical miles from the baselines from which the territorial sea of the United States is measured”.

  7. Maritime Safety Act of 2010

    Pub. L. 111–281 title VI § 619 · 124 Stat. 2905

    Amended · 46 U.S.C. § 4102(b)

    Pub. L. 111–281 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Each uninspected vessel propelled by machinery shall carry at least one readily accessible life preserver or other lifesaving device, of the type prescribed by regulation, for each individual on board.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 111–281 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Each uninspected vessel propelled by machinery shall carry at least one readily accessible life preserver or other lifesaving device, of the type prescribed by regulation, for each individual on board.”

    Enacted provision · exact public law section
    SEC. 619. LIFESAVING DEVICES ON UNINSPECTED VESSELS.   Section 4102(b) of title 46, United States Code, is amended to read as follows: “(b) The Regulations. Secretary shall prescribe regulations requiring the installation, maintenance, and use of life preservers and other lifesaving devices for individuals on board uninspected vessels.” .

  8. Frank LoBiondo Coast Guard Authorization Act of 2018

    Pub. L. 115–282 title VI § 601(c)(6)(B)(ii) · 132 Stat. 4192

    Inserted · 46 U.S.C. § 4102(f)(1)

    Pub. L. 115–282 inserted “National” before “Towing Safety”

    Source evidence

    Code amendment note
    Subsec. (f)(1). Pub. L. 115–282 inserted “National” before “Towing Safety”.

    Enacted provision · exact public law section
    (ii) Safety equipment.— Section 4102(f)(1) of title 46, United States Code, is amended by inserting “National” before “Towing Safety”.

7 of 8 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision
Historical and Revision Notes
Revised sectionSource section (U.S. Code)
4102(a)46:526g
4102(b)46:526e
4102(c)46:526i
4102(d)46:526j

Section 4102 requires uninspected vessels to comply with certain provisions that incorporate minimum safety equipment and construction requirements. The Committee intends that the term life preserver include all types of personal equipment, including exposure suits with floatation characteristics.

Editorial Notes

Amendments1986–2018 · 6 rounds

2018

Subsec. (f)(1). Pub. L. 115–282 inserted “National” before “Towing Safety”.

2010

Subsec. (b). Pub. L. 111–281 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Each uninspected vessel propelled by machinery shall carry at least one readily accessible life preserver or other lifesaving device, of the type prescribed by regulation, for each individual on board.”

1998

Subsec. (e). Pub. L. 105–383 substituted “owned in the United States and operating beyond 3 nautical miles from the baselines from which the territorial sea of the United States is measured” for “operating on the high seas”.

1996

Subsec. (f). Pub. L. 104–324 added subsec. (f).

1988

Subsec. (e). Pub. L. 100–540 amended subsec. (e) generally without regard to the prior repeal of subsec. (e) by Pub. L. 100–424.

Pub. L. 100–424 struck out subsec. (e) which read as follows: “Each uninspected fishing, fish processing, or fish tender vessel operating on the high seas shall be equipped with the number and type of emergency position indicating radio beacons prescribed by regulation.” See section 4502(a)(7) of this title.

1986

Subsec. (e). Pub. L. 99–640 added subsec. (e).

Statutory Notes and Related Subsidiaries

Regulations

Pub. L. 104–324, title IX, § 902(b), , 110 Stat. 3947, provided that: “The Secretary of the department in which the Coast Guard is operating shall issue regulations establishing the requirement described in subsection (f)(2) of section 4102 of title 46, United States Code, as added by this section, by not later than .”

Executive Documents

Territorial Sea of United States

For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands.

Credits

1983–2018 · 8 acts
  1. 1983Pub. L. 98–89, , 97 Stat. 528
  2. 1986Pub. L. 99–640, § 16, , 100 Stat. 3552
  3. 1988Pub. L. 100–424, § 2(c), , 102 Stat. 1590
  4. 1988Pub. L. 100–540, § 1(a), , 102 Stat. 2719
  5. 1996Pub. L. 104–324, title IX, § 902(a), , 110 Stat. 3947
  6. 1998Pub. L. 105–383, title III, § 301(b)(3), , 112 Stat. 3417
  7. 2010Pub. L. 111–281, title VI, § 619, , 124 Stat. 2975
  8. 2018Pub. L. 115–282, title VI, § 601(c)(6)(B)(ii), , 132 Stat. 4290.
Show as published

(Pub. L. 98–89, , 97 Stat. 528; Pub. L. 99–640, § 16, , 100 Stat. 3552; Pub. L. 100–424, § 2(c), , 102 Stat. 1590; Pub. L. 100–540, § 1(a), , 102 Stat. 2719; Pub. L. 104–324, title IX, § 902(a), , 110 Stat. 3947; Pub. L. 105–383, title III, § 301(b)(3), , 112 Stat. 3417; Pub. L. 111–281, title VI, § 619, , 124 Stat. 2975; Pub. L. 115–282, title VI, § 601(c)(6)(B)(ii), , 132 Stat. 4290.)

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