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Title 46 — Shipping

Part B · Chapter 41 — Uninspected Vessels Generally

§ 4105. Uninspected passenger vessels

Statutory text

(a)

Chapter 43 of this title applies to an uninspected passenger vessel.

(b)
(1)

In applying this title with respect to an uninspected vessel of less than 24 meters overall in length that carries passengers to or from a port in the United States Virgin Islands, the Secretary shall substitute “12 passengers” for “6 passengers” each place it appears in section 2101 if the Secretary determines that the vessel complies with, as applicable to the vessel—

(A)

the Code of Practice for the Safety of Small Commercial Motor Vessels (commonly referred to as the “Yellow Code”), as published by the U.K. Maritime and Coastguard Agency and in effect on ; or

(B)

the Code of Practice for the Safety of Small Commercial Sailing Vessels (commonly referred to as the “Blue Code”), as published by such agency and in effect on such date.

(2)

If the Secretary establishes standards to carry out this subsection—

(A)

such standards shall be identical to those established in the Codes of Practice referred to in paragraph (1); and

(B)

on any dates before the date on which such standards are in effect, the Codes of Practice referred to in paragraph (1) shall apply with respect to the vessels referred to in paragraph (1).

(c)

In applying this title with respect to an uninspected vessel of less than 25 feet overall in length that carries passengers on Crane Lake or waters contiguous to such lake in St. Louis County, Minnesota, the Secretary shall substitute “12 passengers” for “6 passengers” each place it appears in section 2101.

(d)

The Secretary shall, by regulation, require certain additional equipment which may include liferafts or other lifesaving equipment, construction standards, or specify additional operating standards for those uninspected passenger vessels defined in section 2101(55)(A) 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.

  1. Pub. L. 98–89 · 97 Stat. 500

    Enacted · 46 U.S.C. § 4105

    Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 529

    Source evidence

    Code source credit
    Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 529

  2. Passenger Vessel Safety Act of 1993

    Pub. L. 103–206 title V § 511(b) · 107 Stat. 2419

    1. Amended · 46 U.S.C. § 4105

      Pub. L. 103–206 designated existing provisions as subsec. (a)

    2. Added · 46 U.S.C. § 4105

      Pub. L. 103–206 added subsec. (b)

    Source evidence

    Code amendment note
    Pub. L. 103–206 designated existing provisions as subsec. (a) and added subsec. (b).

    Enacted provision · exact public law section
    (b) Section 4105 of title 46, United States Code, is amended— (1) by inserting “(a)” before the text; and (2) by adding a new subsection (b) to read as follows: “(b) Regulations. Within twenty-four months of the date of enactment of this subsection, the Secretary shall, by regulation, require certain additional equipment which may include liferafts or other lifesaving equipment, construction standards, or specify additional operating standards for those uninspected passenger vessels defined in section 2101(42)(A) of this title.”.

  3. Howard Coble Coast Guard and Maritime Transportation Act of 2014

    Pub. L. 113–281 title III § 319 · 128 Stat. 3022

    1. Added · 46 U.S.C. § 4105(b); 46 U.S.C. § 4105(c)

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

    2. Redesignated · 46 U.S.C. § 4105(b); 46 U.S.C. § 4105(c)

      Pub. L. 113–281 redesignated former subsec. (b) as (c), and in subsec. (c) substituted “The” for “Within twenty-four months of the date of enactment of this subsection, the”

    Source evidence

    Code amendment note
    Subsecs. (b), (c). Pub. L. 113–281 added subsec. (b), redesignated former subsec. (b) as (c), and in subsec. (c) substituted “The” for “Within twenty-four months of the date of enactment of this subsection, the”.

    Enacted provision · exact public law section
    SEC. 319. UNINSPECTED PASSENGER VESSELS IN THE UNITED STATES VIRGIN ISLANDS. (a) In General.— Section 4105 of title 46, United States 46 USC 4105. Code, is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: “(b) (1) Applicability. Determination. In applying this title with respect to an uninspected vessel of less than 24 meters overall in length that carries passengers to or from a port in the United States Virgin Islands, the Secretary shall substitute ‘12 passengers’ for ‘6 passengers’ each place it appears in section 2101(42) if the Secretary determines that the vessel complies with, as applicable to the vessel— “(A) the Code of Practice for the Safety of Small Commercial Motor Vessels (commonly referred to as the ‘Yellow Code’), as published by the U.K. Maritime and Coastguard Agency and in effect on January 1, 2014; or “(B) the Code of Practice for the Safety of Small Commercial Sailing Vessels (commonly referred to as the ‘Blue Code’), as published by such agency and in effect on such date. “(2) Standards. If the Secretary establishes standards to carry out this subsection— “(A) such standards shall be identical to those established in the Codes of Practice referred to in paragraph (1); and “(B) Applicability. on any dates before the date on which such standards are in effect, the Codes of Practice referred to in paragraph (1) shall apply with respect to the vessels referred to in paragraph (1).” . (b) Technical Correction.— Section 4105(c) of title 46, United States Code, as redesignated by subsection (a)(1) of this section, is amended by striking “Within twenty-four months of the date of enactment of this subsection, the” and inserting “The”.

  4. John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 § 3541(b)(10)(A) · 132 Stat. 1636

    Substituted · 46 U.S.C. § 4105(b)(1)

    Pub. L. 115–232, § 3541(b)(10)(A), substituted “section 2101(51)” for “section 2101(42)” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 115–232, § 3541(b)(10)(A), substituted “section 2101(51)” for “section 2101(42)” in introductory provisions.

    Enacted provision · exact public law section
    (A) in subsection (b)(1), by striking “section 2101(42)” and inserting “section 2101(51)”; and

  5. John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 § 3541(b)(10)(B) · 132 Stat. 1636

    Substituted · 46 U.S.C. § 4105(c)

    Pub. L. 115–232, § 3541(b)(10)(B), substituted “section 2101(51)(A)” for “section 2101(42)(A)”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 115–232, § 3541(b)(10)(B), substituted “section 2101(51)(A)” for “section 2101(42)(A)”.

    Enacted provision · exact public law section
    (B) in subsection (c), by striking “section 2101(42)(A)” and inserting “section 2101(51)(A)”.

  6. Frank LoBiondo Coast Guard Authorization Act of 2018

    Pub. L. 115–282 § 502(2) · 132 Stat. 4192

    Redesignated · 46 U.S.C. § 4105(c)

    Pub. L. 115–282, § 502(2), added subsec. (c). Former subsec. (c) redesignated (d)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 115–282, § 502(2), added subsec. (c). Former subsec. (c) redesignated (d).

    Enacted provision · exact public law section
    (2) by inserting after subsection (b) the following: “(c) In applying this title with respect to an uninspected vessel of less than 25 feet overall in length that carries passengers on Crane Lake or waters contiguous to such lake in St. Louis County, Minnesota, the Secretary shall substitute ‘12 passengers’ for ‘6 passengers’ each place it appears in section 2101(51).” .

  7. Frank LoBiondo Coast Guard Authorization Act of 2018

    Pub. L. 115–282 § 502(1) · 132 Stat. 4192

    Redesignated · 46 U.S.C. § 4105(d)

    Pub. L. 115–282, § 502(1), redesignated subsec. (c) as (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 115–282, § 502(1), redesignated subsec. (c) as (d).

    Enacted provision · exact public law section
    (1) by redesignating subsection (c) as subsection (d); and

  8. Don Young Coast Guard Authorization Act of 2022

    Pub. L. 117–263 § 11601(c)(2)(A) · 136 Stat. 2395

    Substituted · 46 U.S.C. § 4105(b)(1)

    Pub. L. 117–263, § 11601(c)(2)(A), substituted “section 2101” for “section 2101(51)” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 117–263, § 11601(c)(2)(A), substituted “section 2101” for “section 2101(51)” in introductory provisions.

    Enacted provision · exact public law section
    (A) in subsections (b)(1) and (c) by striking “section 2101(51)” each place it appears and inserting “section 2101”; and

  9. Don Young Coast Guard Authorization Act of 2022

    Pub. L. 117–263 § 11601(c)(2)(A) · 136 Stat. 2395

    Substituted · 46 U.S.C. § 4105(c)

    Pub. L. 117–263, § 11601(c)(2)(A), substituted “section 2101” for “section 2101(51)”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 117–263, § 11601(c)(2)(A), substituted “section 2101” for “section 2101(51)”.

    Enacted provision · exact public law section
    (A) in subsections (b)(1) and (c) by striking “section 2101(51)” each place it appears and inserting “section 2101”; and

  10. Don Young Coast Guard Authorization Act of 2022

    Pub. L. 117–263 § 11601(c)(2)(B) · 136 Stat. 2395

    Substituted · 46 U.S.C. § 4105(d)

    Pub. L. 117–263, § 11601(c)(2)(B), substituted “section 2101(53)(A)” for “section 2101(51)(A)”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 117–263, § 11601(c)(2)(B), substituted “section 2101(53)(A)” for “section 2101(51)(A)”.

    Enacted provision · exact public law section
    (B) in subsection (d) by striking “section 2101(51)(A)” and inserting “section 2101(53)(A)”.

  11. Pub. L. 119–60 div. G title LXXIII § 7301(k)(1)(E) · 139 Stat. 1759

    Substituted · 46 U.S.C. § 4105(d)

    Pub. L. 119–60 substituted “section 2101(55)(A)” for “section 2101(53)(A)”

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

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 119–60 substituted “section 2101(55)(A)” for “section 2101(53)(A)”.

11 of 13 references resolved to an enrolled provision · 1 partial · 1 unresolved

Notes

historicalAndRevision
Historical and Revision Notes
Revised sectionSource section (U.S. Code)
410546:145246:1453

Section 4105 provides that an uninspected passenger vessel is subject to Chapter 43, as a recreational vessel even when it is carrying not more than six passengers.

Editorial Notes

Amendments1993–2025 · 5 rounds

2025

Subsec. (d). Pub. L. 119–60 substituted “section 2101(55)(A)” for “section 2101(53)(A)”.

2022

Subsec. (b)(1). Pub. L. 117–263, § 11601(c)(2)(A), substituted “section 2101” for “section 2101(51)” in introductory provisions.

Subsec. (c). Pub. L. 117–263, § 11601(c)(2)(A), substituted “section 2101” for “section 2101(51)”.

Subsec. (d). Pub. L. 117–263, § 11601(c)(2)(B), substituted “section 2101(53)(A)” for “section 2101(51)(A)”.

2018

Subsec. (b)(1). Pub. L. 115–232, § 3541(b)(10)(A), substituted “section 2101(51)” for “section 2101(42)” in introductory provisions.

Subsec. (c). Pub. L. 115–282, § 502(2), added subsec. (c). Former subsec. (c) redesignated (d).

Pub. L. 115–232, § 3541(b)(10)(B), substituted “section 2101(51)(A)” for “section 2101(42)(A)”.

Subsec. (d). Pub. L. 115–282, § 502(1), redesignated subsec. (c) as (d).

2014

Subsecs. (b), (c). Pub. L. 113–281 added subsec. (b), redesignated former subsec. (b) as (c), and in subsec. (c) substituted “The” for “Within twenty-four months of the date of enactment of this subsection, the”.

1993

Pub. L. 103–206 designated existing provisions as subsec. (a) and added subsec. (b).

Credits

1983–2025 · 7 acts
  1. 1983Pub. L. 98–89, , 97 Stat. 529
  2. 1993Pub. L. 103–206, title V, § 511(b), , 107 Stat. 2442
  3. 2014Pub. L. 113–281, title III, § 319, , 128 Stat. 3051
  4. 2018Pub. L. 115–232, div. C, title XXXV, § 3541(b)(10), , 132 Stat. 2323
  5. 2018Pub. L. 115–282, title V, § 502, , 132 Stat. 4269
  6. 2022Pub. L. 117–263, div. K, title CXVI, § 11601(c)(2), , 136 Stat. 4146
  7. 2025Pub. L. 119–60, div. G, title LXXIII, § 7301(k)(1)(E), , 139 Stat. 1759.
Show as published

(Pub. L. 98–89, , 97 Stat. 529; Pub. L. 103–206, title V, § 511(b), , 107 Stat. 2442; Pub. L. 113–281, title III, § 319, , 128 Stat. 3051; Pub. L. 115–232, div. C, title XXXV, § 3541(b)(10), , 132 Stat. 2323; Pub. L. 115–282, title V, § 502, , 132 Stat. 4269; Pub. L. 117–263, div. K, title CXVI, § 11601(c)(2), , 136 Stat. 4146; Pub. L. 119–60, div. G, title LXXIII, § 7301(k)(1)(E), , 139 Stat. 1759.)

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