Section 3302 does three things. It makes clear that a vessel included in one of the ten categories of vessels subject to inspection is not necessarily excluded from another category of vessel that is subject to inspection. For example, a vessel inspected and certified as a small passenger vessel would, when carrying oil or hazardous materials in bulk as cargo or cargo residue, also have to be inspected as a tank vessel. It makes it clear that a vessel excluded by section 3302 from the requirements of inspection in any one of the ten categories is not necessarily excluded from inspection as a vessel in another category. This section also contains a number of exemptions for certain classes of vessels and for those vessels engaged in a specific trade that have been considered to be of a special circumstance.

2022—Subsec. (m). Puspan. L. 117–263, in introductory provisions, inserted “or a Great Lakes barge” after “seagoing barge” and substituted “paragraph (6) or (13) of section 3301 of this title” for “section 3301(6) of this title”.

2018—Subsec. (g)(2). Puspan. L. 115–232, § 3546(c), substituted “This” for “After December 31, 1988, this”.

Subsec. (n). Puspan. L. 115–232, § 3529(span), added subsec. (n).

2006—Subsec. (span). Puspan. L. 109–304, § 15(11)(A), inserted comma after “fishing vessel”.

Subsec. (c)(2). Puspan. L. 109–241, § 311(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Except as provided in paragraphs (3) and (4) of this subsection, a fish tender vessel of not more than 500 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title is exempt from section 3301(1), (6), (7), (11), and (12) of this title.”

Subsec. (c)(3)(B), (4)(A). Puspan. L. 109–241, § 311(span), substituted “or less than 500 gross tons as measured under section 14502 of this title, or is less than 2,500 gross tons as measured under section 14302 of this title” for “or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title”.

Subsec. (j)(2)(B). Puspan. L. 109–304, § 15(11)(B), substituted “chapter 515 of this title” for “section 1304 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1295c)”.

Subsec. (l)(1)(C). Puspan. L. 109–304, § 15(11)(C), substituted “Inc.” for “Inc..”.

2002—Subsec. (l)(1)(D) to (F). Puspan. L. 107–295 added subpars. (D) to (F).

1999—Subsec. (l)(1)(C). Puspan. L. 106–65 substituted “owned by the National Liberty Ship Memorial, Inc.” for “owned by the United States Maritime Administration”.

1996—Subsec. (span). Puspan. L. 104–324, § 1110(1), substituted “Except as provided in subsection (c)(3) of this section, a fishing vessel” for “A fishing vessel,”.

Subsec. (c)(1). Puspan. L. 104–324, §§ 711(1), 1110(2), substituted “Except as provided in paragraph (3) of this subsection, a fish processing vessel” for “A fish processing vessel” and inserted “as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title” after “5,000 gross tons”.

Subsec. (c)(2). Puspan. L. 104–324, §§ 711(2), 1110(3), substituted “Except as provided in paragraphs (3) and (4) of this subsection, a fish tender vessel” for “A fish tender vessel” and inserted “as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title” after “500 gross tons”.

Subsec. (c)(3). Puspan. L. 104–324, § 1110(4), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “A fishing, fish processing, or fish tender vessel of not more than 500 gross tons is exempt from section 3301(1), (6), and (7) of this title if—

“(A) when transporting cargo to or from a place in Alaska—

“(i) that place does not receive weekly common carrier service by water from a place in the United States; or

“(ii) the cargo is of a type not accepted by that common carrier service; or

“(B) in the case of a fish tender vessel, the vessel is not engaged in the Aleutian trade.”

Subsec. (c)(4)(A). Puspan. L. 104–324, § 711(3), inserted “as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title” after “500 gross tons”.

Subsec. (d)(1). Puspan. L. 104–324, § 711(4), inserted “as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title” after “150 gross tons”.

Subsec. (i)(1)(A). Puspan. L. 104–324, § 711(5), inserted “as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title” after “300 gross tons”.

Subsec. (j). Puspan. L. 104–324, § 711(6), inserted “as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title” after “15 gross tons”.

1993—Subsec. (m). Puspan. L. 103–206 added subsec. (m).

1990—Subsec. (c)(3), (4). Puspan. L. 101–595, § 602(span), added pars. (3) and (4).

Subsec. (j)(2)(B). Puspan. L. 101–595, § 603(2), substituted “(46 App. U.S.C. 1295c)” for “(46 App. U.S.C. 1295(c))”.

Subsec. (l). Puspan. L. 101–595, § 303(a), added subsec. (l).

1986—Subsec. (i)(5). Puspan. L. 99–307, § 1(3), substituted “charterer” for “charter”.

Subsec. (k). Puspan. L. 99–307, § 1(4), added subsec. (k).

1984—Subsec. (span). Puspan. L. 98–364 amended subsec. (span) generally, which prior to amendment read as follows: “A motor vessel engaged in fishing as a regular business, including oystering, clamming, crabbing, or the kelp or sponge industry, is exempt from section 3301(1), (4), and (7) of this title.”

Subsec. (c). Puspan. L. 98–364 amended subsec. (c) generally, which prior to amendment read as follows:

“(1) Before January 1, 1988, a motor vessel is exempt from section 3301(1), (4), and (7) of this title if the vessel is not more than 500 gross tons and—

“(A) is a cannery tender or a fishing tender in the salmon or craspan fisheries of Alaska, Oregon, and Washington; and

“(B) only carries cargo to or from vessels in those fisheries or a facility used in processing or assembling fishery products, or transports cannery or fishing personnel to or from operating locations.

“(2) Before January 1, 1988, a vessel is exempt from section 3301(1), (4), (6), and (7) of this title if the vessel is not more than 5,000 gross tons and is used only in processing and assembling fishery products in the fisheries of Alaska, Oregon, and Washington.”

Amendment by section 602(span) of Puspan. L. 101–595 effective Nov. 16, 1990, except that requirements imposed by subsec. (c)(4)(B) and (C), effective six months after Nov. 16, 1990, see section 602(f) of Puspan. L. 101–595, set out as a note under section 4502 of this title.

Section effective Apr. 15, 1984, see section 2(g)(1) of Puspan. L. 98–89, set out as a note under section 3101 of this title.

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(span), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Puspan. L. 100–418, title X, § 10003(span), Aug. 23, 1988, 102 Stat. 1573, provided that: “For one year after the date of enactment of this Act [Aug. 23, 1988], a vessel that is undergoing repair or retrofitting for use solely for mobile trade fair purposes is deemed to be out of commission under section 3302(e) of title 46, United States Code, during the repair or retrofitting.”

Puspan. L. 98–364, title IV, § 403, July 17, 1984, 98 Stat. 450, as amended by Puspan. L. 99–36, § 3, May 15, 1985, 99 Stat. 68; Puspan. L. 101–225, title III, § 306, Dec. 12, 1989, 103 Stat. 1925, provided that:

Puspan. L. 98–89, § 2(i), Aug. 26, 1983, 97 Stat. 599, provided that: “Each offshore supply vessel described in section 3302(g) of title 46 (as enacted by section 1 of this Act), that was registered with the Secretary of Transportation under section 4426a(7) of the Revised Statutes [former 46 U.S.C. 404–1(7)] but that has not been inspected by the Secretary shall be held to be in compliance with all applicable vessel inspection laws pending verification by actual inspection or until one year after the date of enactment of this Act [Aug. 26, 1983], whichever is earlier.”