§ 3104. Survival craft

(a) Except as provided in subsection (b), the Secretary may not approve a survival craft as a safety device for purposes of this part, unless the craft ensures that no part of an individual is immersed in water.

(b) The Secretary may authorize a survival craft that does not provide protection described in subsection (a) to remain in service until not later than the date that is 30 months after the date on which the report described in subsection (c) is submitted, if—

(1) it was approved by the Secretary before January 1, 2010; and

(2) it is in serviceable condition.

(c)Report.— Not later than 180 days after the date of enactment of this subsection, the Commandant of the Coast Guard shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the carriage of survival craft that ensures no part of an individual is immersed in water, which shall include—

(1) the number of casualties, by vessel type and area of operation, as the result of immersion in water reported to the Coast Guard for each of fiscal years 1991 through 2011;

(2) the effect the carriage of such survival craft has on—

(A) vessel safety, including stability and safe navigation; and

(B) survivability of individuals, including persons with disabilities, children, and the elderly;

(3) the efficacy of alternative safety systems, devices, or measures;

(4) the cost and cost effectiveness of requiring the carriage of such survival craft on vessels; and

(5) the number of small businesses and nonprofit entities that would be affected by requiring the carriage of such survival craft on vessels.

(Added Pub. L. 111–281, title VI, § 609(a), Oct. 15, 2010, 124 Stat. 2968; amended Pub. L. 112–213, title III, § 303, Dec. 20, 2012, 126 Stat. 1563.)

References In Text

References in Text

The date of enactment of this subsection, referred to in subsec. (c), is the date of enactment of Pub. L. 112–213, which was approved Dec. 20, 2012.

Amendments

Amendments

2012—Subsec. (b). Pub. L. 112–213, § 303(1), substituted “the date that is 30 months after the date on which the report described in subsection (c) is submitted” for “January 1, 2015” in introductory provisions.

Subsec. (c). Pub. L. 112–213, § 303(2), added subsec. (c).