2018 US Code
Title 46 - Shipping
Subtitle II - Vessels and Seamen
Part A - General Provisions
Chapter 21 - General
Sec. 2113 - Authority to exempt certain vessels

If the Secretary decides that the application of a provision of part B, C, F, or G of this subtitle is not necessary in performing the mission of the vessel engaged in excursions or an oceanographic research vessel, or not necessary for the safe operation of certain vessels carrying passengers, the Secretary by regulation may—

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 508; Pub. L. 103–206, title V, §511(a), Dec. 20, 1993, 107 Stat. 2441; Pub. L. 104–324, title VII, §710, Oct. 19, 1996, 110 Stat. 3935; Pub. L. 115–232, div. C, title XXXV, §§3541(b)(6), 3542(a), Aug. 13, 2018, 132 Stat. 2323, 2324.)

Section 2113 provides the Secretary with the authority to exempt certain vessels from the inspection and manning requirements of law when vessels are engaged in excursions or oceanographic research. This is the authority of the issuance of excursion permits when special circumstances justify the waiver of certain maritime safety and seamen's welfare laws for a short period of time. It also contains flexible exemption authority for regulation of oceanographic research vessels.

The Passenger Vessel Safety Act of 1993, referred to in par. (4), is Pub. L. 103–206, title V, Dec. 20, 1993, 107 Stat. 2439. For complete classification of this Act to the Code, see Short Title of 1993 Amendment note set out under section 101 of this title and Tables.

2018—Par. (3). Pub. L. 115–232, §3541(b)(6), substituted "section 2101(51)(A)" for "section 2101(42)(A)".

Par. (4). Pub. L. 115–232, §3542(a), added par. (4) and struck out former par. (4) which related to establishing different structural fire protection, manning, operating, and equipment requirements for vessels between 100 gross tons and 300 gross tons.

Par. (5). Pub. L. 115–232, §3542(a)(2), struck out par. (5) which related to establishing different structural fire protection, manning, operating, and equipment requirements for former public vessels of the United States between 100 gross tons and 500 gross tons.

1996—Par. (4). Pub. L. 104–324, §710(1), 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 "less than 300 gross tons".

Par. (5). Pub. L. 104–324, §710(2), 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 "less than 500 gross tons".

1993—Pub. L. 103–206 amended section catchline and text generally. Prior to amendment, text read as follows: "If the Secretary decides that the application of a provision of part B or F of this subtitle is not necessary in performing the mission of a vessel engaged in excursions or an oceanographic research vessel, the Secretary by regulation may—

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(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.