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Laws relating to the United States Merchant Marine | ||
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Title 46 is the portion of the Code of Federal Regulations that governs shipping within the United States for the United States Coast Guard, the United States Maritime Administration, and the United States Maritime Commission. It is available in digital or printed form.
Title 46 and Title 33 of the Code of Federal Regulations are usually consulted by Classification societies, engineering firms, deck officers on oceangoing vessels, and marine engineers.
It is divided into four chapters:
| Part | Title | Comments |
|---|---|---|
| 1 | Organization, general course and methods governing marine safety functions | |
| 2 | Vessel inspections | |
| 3 | Designation of oceanographic research vessels | |
| 4 | Marine casualties and investigations. | |
| 5 | Marine investigation regulations--personnel action | |
| 6 | Waivers of navigation and vessel inspection laws and regulations | |
| 7 | Boundary lines | |
| 8 | Vessel inspection alternatives | |
| 9 | Extra compensation for overtime services | |
| Index | ||
| 10 | Licensing of maritime personnel | |
| 12 | Certification of seamen | |
| 13 | Certification of tankermen | |
| 14 | Shipment and discharge of merchant mariners | |
| 15 | Manning requirements | |
| 16 | Chemical testing | |
| Index | ||
| 24 | General provisions | |
| 25 | Requirements | |
| 26 | Operations | |
| 27 | Towing vessels | |
| 28 | Requirements for commercial fishing industry vessels | |
| Index | ||
| 30 | General provisions | |
| 31 | Inspection and certification | |
| 32 | Special equipment, machinery, and hull requirements | |
| 34 | Firefighting equipment | |
| 35 | Operations | |
| 36 | Elevated temperature cargoes | |
| 38 | Liquefied flammable gases | |
| 39 | Vapor control systems | |
| Index | ||
| 41 | [Reserved] | |
| 42 | Domestic and foreign voyages by sea | |
| 43 | [Reserved] | |
| 44 | Special service limited domestic voyages | |
| 45 | Great Lakes load lines | |
| 46 | Subdivision load lines for passenger vessels | |
| 47 | Combination load lines | |
| Index | ||
| 50 | General provisions | |
| 51 | [Reserved] | |
| 52 | Power boilers | |
| 53 | Heating boilers | |
| 54 | Pressure vessels | |
| 56 | Piping systems and appurtenances | |
| 57 | Welding and brazing | |
| 58 | Main and auxiliary machinery and related systems | |
| 59 | Repairs to boilers, pressure vessels and appurtenances | |
| 60 | [Reserved] | |
| 61 | Periodic tests and inspections | |
| 62 | Vital system automation | |
| 63 | Automatic auxiliary boilers | |
| 64 | Marine portable tanks and cargo handling systems | |
| Index | ||
| 66 | [Reserved] | |
| 67 | Documentation of vessels | |
| 68 | Documentation of vessels pursuant to extraordinary legislative grants | |
| 69 | Measurement of vessels | |
| Index | ||
| 70 | General provisions | |
| 71 | Inspection and certification | |
| 72 | Construction and arrangement | |
| 76 | Fire protection equipment | |
| 77 | Vessel control and miscellaneous systems and equipment | |
| 78 | Operations | |
| 80 | Disclosure of safety standards and country of registry | |
| 81-89 | [Reserved] | |
| Index | ||
| 90 | General provisions | |
| 91 | Inspection and certification | |
| 92 | Construction and arrangement | |
| 93 | Stability | |
| 95 | Fire protection equipment | |
| 96 | Vessel control and miscellaneous systems and equipment | |
| 97 | Operations | |
| 98 | Special construction, arrangement, and other provisions for certain dangerous cargoes in bulk | |
| 105 | Commercial fishing vessels dispensing petroleum products | |
| 107 | Inspection and certification | |
| 108 | Design and equipment | |
| 109 | Operations | |
| Index | ||
| 110 | General provisions | |
| 111 | Electric systems--general requirements | |
| 112 | Emergency lighting and power systems | |
| 113 | Communication and alarm systems and equipment | |
| Index | ||
| 114 | General provisions | |
| 115 | Inspection and certification | |
| 116 | Construction and arrangement | |
| 117 | Lifesaving equipment and arrangements | |
| 118 | Fire protection equipment | |
| 119 | Machinery installation | |
| 120 | Electrical installation | |
| 121 | Vessel control and miscellaneous systems and equipment | |
| 122 | Operations | |
| 123-124 | [Reserved] | |
| Index | ||
| 125 | General | |
| 126 | Inspection and certification | |
| 127 | Construction and arrangements | |
| 128 | Marine engineering: Equipment and systems | |
| 129 | Electrical installations | |
| 130 | Vessel control, and miscellaneous equipment and systems | |
| 131 | Operations | |
| 132 | Fire-protection equipment | |
| 133 | Lifesaving systems | |
| 134 | Added provisions for liftboats | |
| 135-139 | [Reserved] | |
| Index | ||
| 140-146 | [Reserved] | |
| 147 | Hazardous ships' stores | |
| 147A | Interim regulations for shipboard fumigation | |
| 148 | Carriage of solid hazardous materials in bulk | |
| 149 | [Reserved] | |
| 150 | Compatibility of cargoes | |
| 151 | Barges carrying bulk liquid hazardous material cargoes | |
| 152 | [Reserved] | |
| 153 | Ships carrying bulk liquid, liquefied gas, or compressed gas hazardous materials | |
| 154 | Safety standards for self-propelled vessels carrying bulk liquefied gases | |
| 155 | [Reserved] | |
| 159 | Approval of equipment and materials | |
| 160 | Lifesaving equipment | |
| 161 | Electrical equipment | |
| 162 | Engineering equipment | |
| 163 | Construction | |
| 164 | Materials | |
| 165 | [Reserved] | |
| Index | ||
| 166 | Designation and approval of nautical school ships | |
| 167 | Public nautical school ships | |
| 168 | Civilian nautical school vessels | |
| 169 | Sailing school vessels | |
| Index | ||
| 170 | Stability requirements for all inspected vessels | |
| 171 | Special rules pertaining to vessels carrying passengers | |
| 172 | Special rules pertaining to bulk cargoes | |
| 173 | Special rules pertaining to vessel use | |
| 174 | Special rules pertaining to specific vessel types | |
| Index | ||
| 175 | General provisions | |
| 176 | Inspection and certification | |
| 177 | Construction and arrangement | |
| 178 | Intact stability and seaworthiness | |
| 179 | Subdivision, damage stability, and watertight integrity | |
| 180 | Lifesaving equipment and arrangements | |
| 181 | Fire protection equipment | |
| 182 | Machinery installation | |
| 183 | Electrical installation | |
| 184 | Vessel control and miscellaneous systems and equipment | |
| 185 | Operations | |
| 186-187 | [Reserved] | |
| Index | ||
| 188 | General provisions | |
| 189 | Inspection and certification | |
| 190 | Construction and arrangement | |
| 191-192 | [Reserved] | |
| 193 | Fire protection equipment | |
| 194 | Handling, use, and control of explosives and other hazardous materials | |
| 195 | Vessel control and miscellaneous systems and equipment | |
| 196 | Operations | |
| Index | ||
| 197 | General provisions | |
| 198 | [Reserved] | |
| Index | ||
| 199 | Lifesaving systems for certain inspected vessels | |
| Index | ||
| Part | Title | Comments |
|---|---|---|
| 200 | [Reserved] | |
| 201 | Rules of practice and procedure | |
| 202 | Procedures relating to review by Secretary of Transportation of actions by Maritime Subsidy Board | |
| 203 | Procedures relating to conduct of certain hearings under the Merchant Marine Act of 1936, as amended | |
| 204 | Claims against the Maritime Administration under the Federal Tort Claims Act | |
| 205 | Audit appeals; policy and procedure | |
| 221 | Regulated transactions involving documented vessels and other maritime interests | |
| 232 | Uniform financial reporting requirements | |
| 249 | Approval of underwriters for marine hull insurance | |
| 251 | Application for subsidies and other direct financial aid | |
| 252 | Operating-differential subsidy for bulk cargo vessels engaged in worldwide services | |
| 272 | Requirements and procedures for conducting condition surveys and administering maintenance and repair subsidy | |
| 276 | Construction-differential subsidy repayment | |
| 277 | Domestic and foreign trade; interpretations | |
| 280 | Limitations on the award and payment of operating-differential subsidy for liner operators | |
| 281 | Information and procedure required under liner operating-differential subsidy agreements | |
| 282 | Operating-differential subsidy for liner vessels engaged in essential services in the foreign commerce of the United States | |
| 283 | Dividend policy for operators receiving operating-differential subsidy | |
| 287 | Establishment of construction reserve funds | |
| 289 | Insurance of construction-differential subsidy vessels, operating-differential subsidy vessels and of vessels sold or adjusted under the Merchant Ship Sales Act 1946 | |
| 295 | Maritime Security Program (MSP) | |
| 296 | Maritime Security Program (MSP) | |
| 298 | Obligation guarantees | |
| 307 | Establishment of mandatory position reporting system for vessels | |
| 308 | War risk insurance | |
| 309 | Values for war risk insurance | |
| 310 | Merchant Marine training | |
| 315 | Agency agreements and appointment of agents | |
| 317 | Bonding of ship's personnel | |
| 324 | Procedural rules for financial transactions under Agency agreements | |
| 325 | Procedure to be followed by general agents in preparation of invoices and payment of compensation pursuant to provisions of NSA Order No. 47 | |
| 326 | Marine protection and indemnity insurance under agreements with agents | |
| 327 | Seamen's claims; administrative action and litigation | |
| 328 | Slop chests | |
| 329 | Voyage data | |
| 330 | Launch services | |
| 332 | Repatriation of seamen | |
| 335 | Authority and responsibility of general agents to undertake emergency repairs in foreign ports | |
| 336 | Authority and responsibility of general agents to undertake in continental United States ports voyage repairs and service equipment of vessels operated for the account of the National Shipping Authority under general agency agreement | |
| 337 | General agent's responsibility in connection with foreign repair custom's entries | |
| 338 | Procedure for accomplishment of vessel repairs under National Shipping Authority master lump sum repair contract--NSA-LUMPSUMREP | |
| 339 | Procedure for accomplishment of ship repairs under National Shipping Authority individual contract for minor repairs--NSA-WORKSMALREP | |
| 340 | Priority use and allocation of shipping services, containers and chassis, and port facilities and services for national security and national defense related operations | |
| 345 | Restrictions upon the transfer or change in use or in terms governing utilization of port facilities | |
| 346 | Federal port controllers | |
| 347 | Operating contract | |
| 349 | Reemployment rights of certain merchant seamen | |
| 350 | Seamen's service awards | |
| 351 | Depositories | |
| 355 | Requirements for establishing United States citizenship | |
| 356 | Requirements for vessels of 100 feet or greater in registered length to obtain a fishery endorsement to the vessel's documentation | |
| 370 | Claims | |
| 380 | Procedures | |
| 381 | Cargo preference--U.S.-flagged vessels | |
| 382 | Determination of fair and reasonable rates for the carriage of bulk and packaged preference cargoes on U.S.-flagged commercial vessels | |
| 383 | [Reserved] | |
| 385 | Research and development grant and cooperative agreements regulations | |
| 386 | Regulations governing public buildings and grounds at the United States Merchant Marine Academy | |
| 387 | Utilization and disposal of surplus Federal real property for development or operation of a port facility | |
| 388 | Administrative waivers of the Coastwise Trade Laws | |
| 390 | Capital Construction Fund | |
| 391 | Federal income tax aspects of the Capital Construction Fund | |
| 392-399 | [Reserved] |
| Part | Title | Comments |
|---|---|---|
| 400 | [Reserved] | |
| 401 | Great Lakes pilotage regulations | |
| 402 | Great Lakes pilotage rules and orders | |
| 403 | Great Lakes pilotage uniform accounting system | |
| 404 | Great Lakes pilotage ratemaking |
| Part | Title | Comments |
|---|---|---|
| 500 | [Reserved] | |
| 501 | The Federal Maritime Commission--General | |
| 502 | Rules of practice and procedure | |
| 503 | Public information | |
| 504 | Procedures for environmental policy analysis | |
| 505 | Administrative offset | |
| 506 | Civil monetary penalty inflation adjustment | |
| 507 | Enforcement of nondiscrimination on the basis of handicap in programs or activities conducted by the Federal Maritime Commission | |
| 508 | Employee ethical conduct standards and financial disclosure regulations | |
| 515 | Licensing, financial responsibility requirements, and general duties for ocean transportation intermediaries | |
| 520 | Carrier automated tariffs | |
| 525 | Marine terminal operator schedules | |
| 530 | Service contracts | |
| 531 | NVOCC Service arrangements | |
| 535 | Ocean common carrier and marine terminal operator agreements subject to the Shipping Act of 1984 | |
| 540 | Passenger vessel financial responsibility | |
| 545 | Interpretations and statements of policy | |
| 550 | Regulations to adjust or meet conditions unfavorable to shipping in the foreign trade of the United States | |
| 551 | Actions to adjust or meet conditions unfavorable to shipping in the U.S. foreign trade | |
| 555 | Actions to address adverse conditions affecting U.S.-flag carriers that do not exist for foreign carriers in the United States | |
| 560 | Actions to address conditions unduly impairing access of U.S.-flag vessels to ocean trade between foreign ports | |
| 565 | Controlled carriers |
Laws relating to the United States Merchant Marine | ||
|---|---|---|
| 1870s | | |
| 1880s | ||
| 1890s | ||
| 1910s | ||
| 1920s | ||
| 1930s | ||
| Current | ||
The United States Coast Guard (USCG) is the maritime security, search and rescue, and law enforcement service branch of the United States Armed Forces and one of the country's eight uniformed services. The service is a maritime, military, multi-mission service unique among the United States military branches for having a maritime law enforcement mission with jurisdiction in both domestic and international waters and a federal regulatory agency mission as part of its duties. It is the largest and most powerful coast guard in the world, rivaling the capabilities and size of most navies.
The United States has eight federal uniformed services that commission officers as defined by Title 10 and subsequently structured and organized by Titles 10, 14, 32, 33 and 42 of the U.S. Code.
United States Merchant Marines are United States civilian mariners and U.S. civilian and federally owned merchant vessels. Both the civilian mariners and the merchant vessels are managed by a combination of the government and private sectors, and engage in commerce or transportation of goods and services in and out of the navigable waters of the United States. The Merchant Marine primarily transports domestic and international cargo and passengers during peacetime, and operate and maintain deep-sea merchant ships, tugboats, towboats, ferries, dredges, excursion vessels, charter boats and other waterborne craft on the oceans, the Great Lakes, rivers, canals, harbors, and other waterways. In times of war, the Merchant Marine can be an auxiliary to the United States Navy, and can be called upon to deliver military personnel and materiel for the military.
The German Federal Coast Guard is a civilian law enforcement organisation whose primary missions are border protection, maritime environmental protection, shipping safety, fishery protection and customs enforcement. The Küstenwache is an association of several federal agencies, not a single entity like the United States Coast Guard.
In the United States, state defense forces are military units that operate under the sole authority of a state government. State defense forces are authorized by state and federal law and are under the command of the governor of each state.
The United States Merchant Marine Academy is a United States service academy in Kings Point, New York. It trains its midshipmen to serve as officers in the United States Merchant Marine, branches of the United States Armed Forces and the transportation industry. Midshipmen are trained in different fields such as marine engineering, navigation, ship's administration, maritime law, personnel management, international law, customs, and many other subjects important to the task of running a large ship.
The International Ship and Port Facility Security (ISPS) Code is an amendment to the Safety of Life at Sea (SOLAS) Convention (1974/1988) on Maritime security including minimum security arrangements for ships, ports and government agencies. Having come into force in 2004, it prescribes responsibilities to governments, shipping companies, shipboard personnel, and port/facility personnel to "detect security threats and take preventive measures against security incidents affecting ships or port facilities used in international trade."
A law enforcement officer (LEO), or peace officer in North American English, is a public-sector employee whose duties primarily involve the enforcement of laws. The phrase can include campaign disclosure specialists, local police officers, prosecutors, municipal law enforcement officers, health inspectors, SWAT officers, customs officers, lawyers, state troopers, federal agents, secret agents, special investigators, coast guards, border patrol officers, judges, district attorney, bounty hunters, gendarmerie officers, immigration officers, private investigators, court officers, probation officers, parole officers, arson investigators, auxiliary officers, animal control officers, game wardens, park rangers, county sheriff's deputies, constables, marshals, detention officers, correction officers, sworn campus police officers and public safety officers. Security guards are not law enforcement officers, unless they have been granted powers to enforce particular laws, such as those accredited under a community safety accreditation scheme such as a security police officer.
The Coast Guard Investigative Service (CGIS) is a division of the United States Coast Guard that investigates crimes where the U.S. Coast Guard has an interest. It is composed of civilian (GS-1811), active duty, reserve enlisted, and warrant officer special agents.
The United States Federal Maritime Commission (FMC) is an independent federal agency based in Washington, D.C. that is responsible for the regulation of oceanborne international transportation of the U.S. It is chaired by Daniel B. Maffei.
The Coast Guard Judge Advocate General oversees the delivery of legal services to the United States Coast Guard, through the Office of the Judge Advocate General in Washington, the Legal Service Command, offices in the Atlantic and Pacific Areas, nine Coast Guard Districts, the Coast Guard Academy, three training centers, and a number of other activities and commands. Legal services are delivered by Coast Guard judge advocates and civilian counsel in ten legal practice areas: criminal law/military justice, operations, international activities, civil advocacy, environmental law, procurement law, internal organizational law, regulations and administrative law, legislative support and legal assistance.
The United States Maritime Service (USMS) was established in 1938 under the provisions of the Merchant Marine Act of 1936 as voluntary training organization to train individuals to become officers and crewmembers on merchant ships that form the United States Merchant Marine per 46 U.S.C. § 51701. Heavily utilized during World War II, the USMS was largely dissolved in 1954, and its resources were absorbed into other federal departments. However, while the service is no longer structurally organized, remnants of the service still exist today and the service still actively commissions officers to function as administrators and instructors at the United States Merchant Marine Academy and the several maritime academies.
Pay grades are used by the eight uniformed services of the United States to determine wages and benefits based on the corresponding military rank of a member of the services. While different ranks may be used among the eight uniformed services, pay grades are uniform and equivalent between the services and can be used to quickly determine seniority among a group of members from different services. They are also essential when determining a member's entitlements such as basic pay and allowances.
USCG Marine Investigators carry out all the statutorily mandated investigations of commercial vessel casualties and reports of violation that require a determination for apparent cause and culpability (fault). The findings of Coast Guard Marine Casualty Investigations are used to create safety recommendations to prevent future marine casualties. It is imperative that commercial vessel operators understand and follow the Marine Casualty reporting requirements as outlined in Title 46, Code of Federal Regulations, Part 4. Without timely and truthful reporting, the Coast Guard is hampered in its ability to conduct an accurate investigation. Therefore, responsible parties that fail to report Marine Casualties as required by regulations are subject to civil penalties.
Title 12 of the United States Code outlines the role of Banks and Banking in the United States Code.
A licensed mariner is a sailor who holds a license from a maritime authority to hold senior officer-level positions aboard ships, boats, and similar vessels. Qualification standards for licensed mariners are universally set by the STCW Convention adopted and promulgated by the International Maritime Organization (IMO), while the licenses of individual sailors are issued by the delegated maritime authorities of the member states of the IMO; these may vary in the details of the implementation, including the government agency responsible for licensing and the local names of the grades and qualifications in each particular country.
The Merchant Marine Gallant Ship Citation is an award of the United States Merchant Marine. The award is presented as a bronze plaque to vessels, with officers and crew being awarded a ribbon bar to denote the award. Both United States flagged vessels and foreign flagged vessels are eligible for the award.
Title 33 is the portion of the Code of Federal Regulations that governs Navigation and Navigable Waters within the United States. It is available in digital or printed form.
The Outer Continental Shelf (OCS) is a feature of the geography of the United States. The OCS is the part of the internationally recognized continental shelf of the United States which does not fall under the jurisdictions of the individual U.S. states.
Transportation in the United States is governed by laws and regulations of the federal government. The Department of Transportation is responsible for carrying out federal transportation policy, and the Department of Homeland Security is responsible for security in transportation.