1998 Year of the Ocean The U.S. Marine Transportation System 



III. VESSELS, CARGO, PASSENGERS 



Title 46 United States Code 



Title 46 of the United States Code is integral to maritime transportation as it comprehensively 

 addresses shipping. Title 46 is broken down into three general subtitles: 

 (I) General; (II) Vessels and Seamen; and (III) Maritime Liability. Subtitle II contains laws 

 governing vessels, cargo and passengers including, for example, laws pertaining to design and 

 construction of vessels, vessel manning and pilotage, and carriage of cargo or passengers. 



Subtitle II - Vessels and Seamen (Chapter 21 through Chapter 147) 



Part A — General Provisions (Chapters 21 and 23) 



Part A provides general and limited definitions applicable to sections within Subtitle II; provides 

 the basic authority and responsibility for enforcement and administration of the subtitle. Secretary 

 is defined as the "head of the department in which the U.S. Coast Guard (USCG) is operating"; 

 presently the Secretary of Transportation. The Secretary has general superintendence authority over 

 the U.S. merchant marine and its personnel (section 2103). Chapter 21 provides authority for the 

 Secretary to delegate to the USCG the duties and powers conferred by subtitle II (section 2104). 

 The chapter also provides that when a vessel in liable in rem, the vessel may be libeled and 

 proceeded against in the U.S. district court where the vessel is found (section 2106). Civil penalty 

 procedures are provided in sections 2107-2108. Section 2109 expressly exempts that application of 

 subtitle II to a public vessel of the United States although it does apply to Department of 

 Transportation vessels, except USCG and Saint Lawrence Seaway Development Corporation 

 vessels. Section 2110 authorizes fees for services or other things provided by the Secretary under 

 the subtitle, with procedures therefor and limitations thereon. Section 2113 provides authority for 

 the Secretary to exempt certain vessels from the application of provisions of subtitle II. Section 

 2114 provides protection for any seaman who reports a violation of the subtitle. 



Chapter 23 (Operation of Vessels Generally; sections 2301-2306) provides for penalties and 

 injunctive relief for negligent operation of vessels (section 2302, 2305); duties related to marine 

 casualty assistance and information and providing assistance at sea (section 2303-2304); and vessel 

 reporting requirements (section 2306). 



Part B - Inspection and Regulation of Vessels (Chapters 3 1 through 47) 



Part B provides authority and responsibility for the inspection and regulation of vessels by the U.S. 

 Coast Guard. Part B specifies vessels subject to inspection and inspection procedures, as well as 

 vessels exempt from inspection. 



A-20 



