1 See References in Text note below.
46 U.S.C. § 3316
HISTORICAL AND REVISION NOTES | |
Revised section | Source section (U.S. Code) |
3316 | 46:9 (less (c)) 46:369 46:881 |
EDITORIAL NOTES
REFERENCES IN TEXTThe date of the enactment of the Howard Coble Coast Guard and Maritime Transportation Act of 2014, referred to in subsec. (f)(3), is the date of enactment of Pub. L. 113-281 which was approved Dec. 18, 2014.The date of the enactment of the Hamm Alert Maritime Safety Act of 2018, referred to in subsec. (g)(3), is the date of enactment of Pub. L. 115-265 which was approved Oct. 11, 2018.Section 6(j) of the Export Administration Act of 1979, referred to in subsec. (h), was classified to section 4605(j) of Title 50, War and National Defense, prior to repeal by Pub. L. 115-232, div. A, title XVII, §1766(a), Aug. 13, 2018, 132 Stat. 2232.The International Emergency Economic Powers Act, referred to in subsec. (h), is title II of Pub. L. 95-223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (§1701 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 50 and Tables. Section 620A of the Foreign Assistance Act of 1961, referred to in subsec. (h), is classified to section 2371 of Title 22, Foreign Relations and Intercourse.Section 40 of the Arms Export Control Act, referred to in subsec. (h), is classified to section 2780 of Title 22, Foreign Relations and Intercourse.
AMENDMENTS2018-Subsecs. (g), (h). Pub. L. 115-265 added subsec. (g) and redesignated former subsec. (g) as (h). 2014-Subsecs. (f), (g). Pub. L. 113-281 added subsec. (f) and redesignated former subsec. (f) as (g). 2012-Subsec. (b)(2)(C). Pub. L. 112-213, §304(1), added subpar. (C).Subsec. (d)(2)(C). Pub. L. 112-213, §304(2), added subpar. (C).Subsecs. (e), (f). Pub. L. 112-213, §304(3), added subsecs. (e) and (f). 2010-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." Subsec. (d). Pub. L. 111-281, §622(a), added subsec. (d).2004-Subsec. (c). Pub. L. 108-293 added subsec. (c).1996- Pub. L. 104-324, §607(b)(1), substituted "Classification societies" for "United States classification societies" in section catchline.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. 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."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).Subsec. (c). Pub. L. 104-324, §607(a)(2), redesignated subsec. (c) as (b).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."
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2004 AMENDMENT 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."
EFFECTIVE DATESection effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 98-89 set out as a note under section 3101 of this title.
TRANSFER OF FUNCTIONSFor 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(b), 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.
DEADLINE FOR ESTABLISHMENT OF RECOGNIZED ORGANIZATION OVERSIGHT OFFICE Pub. L. 115-265, title II, §215(b), Oct. 11, 2018, 132 Stat. 3751, provided that: "The Commandant of the Coast Guard shall establish the office required by the amendment made by subsection (a) [amending this section] by not later than 2 years after the date of the enactment of this Act [Oct. 11, 2018]."
REVIEW OF AUTHORITIES DELEGATED TO RECOGNIZED ORGANIZATIONS FOR ALTERNATIVE COMPLIANCE PROGRAM Pub. L. 115-265, title II, §219, Oct. 11, 2018, 132 Stat. 3752, provided that:"(a) IN GENERAL.-Not later than 1 year after the date of the enactment of this Act [Oct. 11, 2018], the Commandant [of the Coast Guard] shall review the authorities that have been delegated to recognized organizations for the alternative compliance program as described in subpart D of part 8 of title 46, Code of Federal Regulations, and, if necessary, revise or establish policies and procedures to ensure those delegated authorities are being conducted in a manner to ensure safe maritime transportation. "(b) BRIEFING.-Not later than 1 year after the date of the enactment of this Act, the Commandant shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the implementation of subsection (a)."[For definition of "recognized organizations" as used in section 219 of Pub. L. 115-265 set out above, see section 203 of Pub. L. 115-265 set out as a note under section 2101 of this title.]