dreamproit/uscode huggingface dataset:
46 U.S.C. § 8501 (SHIPPING)
§ 8501. State regulation of pilots
(a) Except as otherwise provided in this subtitle, pilots in the bays, rivers, harbors, and ports of the United States shall be regulated only in conformity with the laws of the States.
(b) The master of a vessel entering or leaving a port on waters that are a boundary between 2 States, and that is required to have a pilot under this section, may employ a pilot licensed or authorized by the laws of either of the 2 States.
(c) A State may not adopt a regulation or provision that discriminates in the rate of pilotage or half-pilotage between vessels sailing between the ports of one State and vessels sailing between the ports of different States, or against vessels because of their means of propulsion, or against public vessels of the United States.
(d) A State may not adopt a regulation or provision that requires a coastwise vessel to take a pilot licensed or authorized by the laws of a State if the vessel—
(1) is propelled by machinery and subject to inspection under part B of this subtitle; or
(2) is subject to inspection under chapter 37 of this title.
(e) Any regulation or provision violating this section is void.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 553; Pub. L. 98–557, § 29(e), Oct. 30, 1984, 98 Stat. 2874.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
8501(a)
46:211
8501(b)
46:212
8501(c), (e)
46:213
8501(d)
46:215
Section 8501 establishes the general proposition that the States regulate pilots in the bays, rivers, harbors, and ports of the United States, unless otherwise specifically provided by law.
Subsection (a) states this general proposition and uses the word “only” for emphasis on this point. Further, except as specifically provided in law, the Committee intends that this chapter not be construed to annul or affect any regulation established by the laws of a State requiring a vessel entering or leaving a port in that State to employ a pilot licensed or authorized by the laws of that State. In at least two places in current law, this general proposition is stated in both a positive and negative manner. The Committee intends to consolidate those separate statements into one provision to avoid ambiguity and redundancy.
Subsections (b) and (c) contain provisions regarding pilotage in waters between two States.
Subsection (d) prohibits a State from requiring a State licensed pilot on certain coastwise vessels.
Subsection (e) voids any regulation or provision violating this section.
heading: Amendments
text: 1984—Subsec. (a). Pub. L. 98–557 substituted “subtitle” for “part”.
46 U.S.C. § 8503 (SHIPPING)
§ 8503. Federal pilots authorized
(a) The Secretary may require a pilot licensed under section 7101 of this title on a self-propelled vessel when a pilot is not required by State law and the vessel is—
(1) engaged in foreign commerce; and
(2) operating—
(A) in internal waters of the United States; or
(B) within 3 nautical miles from the baselines from which the territorial sea of the United States is measured.
(b) A requirement prescribed under subsection (a) of this section is terminated when the State having jurisdiction over the area involved—
(1) establishes a requirement for a State licensed pilot; and
(2) notifies the Secretary of that fact.
(c) For the Saint Lawrence Seaway, the Secretary may not delegate the authority under this section to an agency except the Saint Lawrence Seaway Development Corporation.
(d) A person violating this section or a regulation prescribed under this section is liable to the United States Government for a civil penalty of not more than $25,000. Each day of a continuing violation is a separate violation. The vessel also is liable in rem for the penalty.
(e) A person that knowingly violates this section or a regulation prescribed under this section commits a class D felony.
(Added Pub. L. 98–557, § 29(f)(3)(A), Oct. 30, 1984, 98 Stat. 2874; amended Pub. L. 101–380, title IV, § 4302(h), Aug. 18, 1990, 104 Stat. 539; Pub. L. 105–383, title III, § 301(b)(8), Nov. 13, 1998, 112 Stat. 3417.)
heading: Amendments
text: 1998—Subsec. (a)(2). Pub. L. 105–383 added par. (2) and struck out former par. (2) which read as follows: “operating on the navigable waters of the United States.”
1990—Subsec. (e). Pub. L. 101–380 substituted “commits a class D felony” for “shall be fined not more than $50,000, imprisoned for not more than five years, or both”.
heading: Effective Date of 1990 Amendment
text: Amendment by Pub. L. 101–380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101–380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters.
heading: Territorial Sea of United States
text: For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands.
46 U.S.C. § 8703 (SHIPPING)
§ 8703. Tankermen on tank vessels
(a) A vessel of the United States to which chapter 37 of this title applies, that has on board oil or hazardous material in bulk as cargo or cargo residue, shall have a specified number of the crew certified as tankermen as required by the Secretary. This requirement shall be noted on the certificate of inspection issued to the vessel.
[(b) Repealed. Pub. L. 98–557, § 18, Oct. 30, 1984, 98 Stat. 2869.]
(c) A vessel to which section 3702(b) of this title applies shall have on board as a crewmember in charge of the transfer operation an individual certified as a tankerman (qualified for the grade of fuel transferred), unless a master, mate, pilot, engineer, or operator licensed under section 7101 of this title is present in charge of the transfer. If the vessel does not have that individual on board, chapter 37 of this title applies to the vessel.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 555; Pub. L. 98–557, § 18, Oct. 30, 1984, 98 Stat. 2869.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
8703(a)
46:391a(10)(A)
8703(b)
46:391a(10)(C)
8703(c)
46:391a(4)(B)
Section 8703 sets requirements for tankermen on board vessels carrying oil or hazardous material in bulk as cargo or cargo residue.
Subsection (a) requires a specified number of the crew certified as tankermen on board these vessels and a notation be made to that effect on the vessel’s certificate of inspection. A tankerman is an individual who is experienced and trained in the procedures for transferring oil or hazardous material to or from a vessel and is responsible for carrying out these duties and responsibilities.
Subsection (b) authorizes the Secretary to regulate tankermen and restrict the types of oil or hazardous materials on the basis of safety to the vessel and the marine environment.
Subsection (c) requires a tankerman or licensed master, pilot, engineer, or operator to be present and in charge of a transfer of oil or hazardous material on certain vessels in the service of oil exploitation. If this individual is not on board, then the tank vessel requirements of chapter 37 apply to the vessel.
heading: Amendments
text: 1984—Subsec. (b). Pub. L. 98–557 repealed subsec. (b) which contained duplicate tankerman manning requirements. See section 7317(a) of this title.
46 U.S.C. § 8704 (SHIPPING)
§ 8704. Alien deemed to be employed in the United States
An alien is deemed to be employed in the United States for purposes of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) if the alien is an unlicensed individual employed on a fishing, fish processing, or fish tender vessel that—
(1) is a vessel of the United States engaged in the fisheries in the navigable waters of the United States or the exclusive economic zone; and
(2) is not engaged in fishing exclusively for highly migratory species (as that term is defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802).
(Added Pub. L. 100–239, § 5(f)(1), Jan. 11, 1988, 101 Stat. 1781; amended Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41.)
heading: Amendments
text: 1996—Par. (2). Pub. L. 104–208 substituted “Magnuson-Stevens Fishery” for “Magnuson Fishery”.
heading: Effective Date of 1996 Amendment
text: Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that the amendment made by that section is effective 15 days after Oct. 11, 1996.
heading: Construction
text: Pub. L. 100–239, § 5(f)(3), Jan. 11, 1988, 101 Stat. 1781, provided that: “With respect to an alien who is deemed to be employed in the United States under section 8704 of title 46, United States Code (as amended by this subsection), the term ‘date of the enactment of this section’ [translated as “November 6, 1986”] as used in section 274A(i) of the Immigration and Nationality Act [former 8 U.S.C. 1324a(i)] means the date 180 days after the enactment of this section [Jan. 11, 1988].”
46 U.S.C. § 8901 (SHIPPING)
§ 8901. Freight vessels
A freight vessel of less than 100 gross tons 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 shall be operated by an individual licensed by the Secretary to operate that type of vessel in the particular geographic area, under prescribed regulations.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 555; Pub. L. 104–324, title VII, § 733, Oct. 19, 1996, 110 Stat. 3941.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
8901
46:390b
Section 8901 requires that a freight vessel of less than 100 gross tons be operated by a licensed individual for that type vessel and for a particular geographic area.
heading: Amendments
text: 1996—Pub. L. 104–324 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 “100 gross tons”.
46 U.S.C. § 8902 (SHIPPING)
§ 8902. Small passenger vessels
A small passenger vessel shall be operated by an individual licensed by the Secretary to operate that type of vessel in the particular geographic area, under prescribed regulations.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 555.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
8902
46:390b
Section 8902 requires that a small passenger vessel of less than 100 gross tons be operated by a licensed individual for that type vessel and for a particular geographic area.
46 U.S.C. § 8903 (SHIPPING)
§ 8903. Self-propelled, uninspected passenger vessels
A self-propelled, uninspected passenger vessel shall be operated by an individual licensed by the Secretary to operate that type of vessel, under prescribed regulations.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 555; Pub. L. 99–307, § 1(14)(B), (C), May 19, 1986, 100 Stat. 446.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
8903
46:1461(e), (f)
Section 8903 requires that an uninspected passenger vessel be operated by a licensed individual for that type of vessel.
heading: Amendments
text: 1986—Pub. L. 99–307 substituted “Self-propelled, uninspected” for “Uninspected” in section catchline and “A self-propelled,” for “An” in text.
46 U.S.C. § 8904 (SHIPPING)
§ 8904. Towing vessels
(a) A towing vessel that is at least 26 feet in length measured from end to end over the deck (excluding sheer), shall be operated by an individual licensed by the Secretary to operate that type of vessel in the particular geographic area, under prescribed regulations.
(b) A vessel that tows a disabled vessel for consideration shall be operated by an individual licensed by the Secretary to operate that type of vessel in the particular geographic area, under prescribed regulations.
(c) The Secretary may prescribe by regulation requirements for maximum hours of service (including recording and recordkeeping of that service) of individuals engaged on a towing vessel that is at least 26 feet in length measured from end to end over the deck (excluding the sheer).
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 555; Pub. L. 99–640, § 12(a), Nov. 10, 1986, 100 Stat. 3550; Pub. L. 108–293, title IV, § 409(a), Aug. 9, 2004, 118 Stat. 1044.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
8904
46:405(b)(2)
Section 8904 requires that a 26-foot or larger towing vessel be operated by a licensed individual for that type of vessel and for a particular geographic area.
heading: Amendments
text: 2004—Subsec. (c). Pub. L. 108–293 added subsec. (c).
1986—Pub. L. 99–640 designated existing provisions as subsec. (a) and added subsec. (b).
heading: Effective Date of 1986 Amendment
text: Pub. L. 99–640, § 12(b), Nov. 10, 1986, 100 Stat. 3551, provided that: “The amendments made by subsection (a) of this section [amending this section] shall take effect on January 1, 1988.”
heading: Demonstration Project
text: Pub. L. 108–293, title IV, § 409(b), Aug. 9, 2004, 118 Stat. 1045, provided that: “Prior to prescribing regulations under this section [amending this section] the Secretary shall conduct and report to the Congress on the results of a demonstration project involving the implementation of Crew Endurance Management Systems on towing vessels. The report shall include a description of the public and private sector resources needed to enable implementation of Crew Endurance Management Systems on all United States-flag towing vessels.”
46 U.S.C. § 8905 (SHIPPING)
§ 8905. Exemptions
(a) Section 8903 of this title applies to a recreational vessel operated in dealer demonstrations only if the Secretary decides that the application of section 8903 is necessary for recreational vessel safety under section 4302(d) of this title.
(b) Section 8904 of this title does not apply to an oil spill response vessel while engaged in oil spill response or training activities.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 556; Pub. L. 104–324, title VII, § 734, title XI, § 1104(f), Oct. 19, 1996, 110 Stat. 3941, 3967; Pub. L. 111–281, title VI, § 606, Oct. 15, 2010, 124 Stat. 2967.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
8905(a)
46:1461(f)
8905(b)
46:405(b)(3)
Section 8905 provides for certain exemptions from the requirements of this chapter.
Subsection (a) exempts dealer demonstration recreational vessels from the licensed operator requirement in section 8903 unless the Secretary decides that safety considerations require the application of that section.
Subsection (b) exempts an offshore supply vessel of less than 200 gross tons from the licensed operator requirement under section 8904 when used in the offshore mineral and oil industry.
heading: Amendments
text: 2010—Subsecs. (b), (c). Pub. L. 111–281 redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: “Section 8904 of this title does not apply to a vessel of less than 200 gross tons 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 engaged in the offshore mineral and oil industry if the vessel has offshore mineral and oil industry sites or equipment as its ultimate destination or place of departure.”
1996—Subsec. (b). Pub. L. 104–324, § 734, 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 “200 gross tons”.
Subsec. (c). Pub. L. 104–324, § 1104(f), added subsec. (c).
46 U.S.C. § 8906 (SHIPPING)
§ 8906. Penalty
An owner, charterer, managing operator, agent, master, or individual in charge of a vessel operated in violation of this chapter or a regulation prescribed under this chapter is liable to the United States Government for a civil penalty of not more than $25,000. The vessel also is liable in rem for the penalty.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 556; Pub. L. 104–324, title III, § 306(b), Oct. 19, 1996, 110 Stat. 3918.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
8906
46:390d
Section 8906 prescribes the penalties for violations of this chapter.
heading: Amendments
text: 1996—Pub. L. 104–324 substituted “not more than $25,000” for “$1,000”.
46 U.S.C. § 9102 (SHIPPING)
§ 9102. Standards for tank vessels of the United States
(a) The Secretary shall prescribe standards for the manning of each vessel of the United States to which chapter 37 of this title applies, related to the duties, qualifications, and training of the officers and crew of the vessel, including standards related to—
(1) instruction in vessel and cargo handling and vessel navigation under normal operating conditions in coastal and confined waters and on the high seas;
(2) instruction in vessel and cargo handling and vessel navigation in emergency situations and under marine casualty or potential casualty conditions;
(3) qualifications for licenses by specific type and size of vessels;
(4) qualifications for licenses by use of simulators for the practice or demonstration of marine-oriented skills;
(5) minimum health and physical fitness criteria for various grades of licenses and certificates;
(6) periodic retraining and special training for upgrading positions, changing vessel type or size, or assuming new responsibilities;
(7) decisions about licenses and certificates, conditions of licensing or certification, and periods of licensing or certification by reference to experience, amount of training completed, and regular performance testing; and
(8) instruction in vessel maintenance functions.
(b) The Secretary shall waive the application of criteria required by subsection (a)(5) of this section for an individual having a license or certificate (including a renewal of the license or certificate) in effect on October 17, 1978. When the waiver is granted, the Secretary may prescribe conditions for the license or certificate and its renewal, as the Secretary decides are reasonable and necessary for the safety of a vessel on which the individual may be employed.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 556; Pub. L. 101–380, title IV, § 4114(d), Aug. 18, 1990, 104 Stat. 517.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
9102
46:391a(9)
Section 9102 prescribes manning standards for United States tank vessels.
Subsection (a) requires the Secretary of Transportation to prescribe certain standards for the duties, qualifications, and training of the officers and crew of United States tank vessels.
Subsection (b) provides for a waiver of any health and physical fitness criteria prescribed under subsection (a).
heading: Amendments
text: 1990—Par. (8). Pub. L. 101–380 added par. (8).
heading: Effective Date of 1990 Amendment
text: Amendment by Pub. L. 101–380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101–380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters.
46 U.S.C. § 9301 (SHIPPING)
§ 9301. Definitions
In this chapter—
(1) “Canadian registered pilot” means an individual (except a regular crewmember of a vessel) who is registered by Canada on the same basis as an individual registered under section 9303 of this title.
(2) “Great Lakes” means Lakes Superior, Michigan, Huron, Erie, and Ontario, their connecting and tributary waters, the Saint Lawrence River as far east as Saint Regis, and adjacent port areas.
(3) “United States registered pilot” means an individual (except a regular crewmember of a vessel) who is registered under section 9303 of this title.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 557.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
9301(1)
46:216(d)
9301(2)
46:216(a)
9301(3)
46:216(c)
Section 9301 contains definitions which pertain to this chapter only.
Clause (1) defines “Canadian registered pilot” as an individual registered as a pilot in Canada on the same basis as the United States.
Clause (2) defines “Great Lakes” as the five lakes plus their connecting and tributary waters, a certain part of the Saint Lawrence River, and adjacent ports.
Clause (3) defines “United States registered pilot” as an individual registered under regulations for competency under section 9303.
46 U.S.C. § 9304 (SHIPPING)
§ 9304. Pilotage pools
(a) The Secretary may authorize the formation of a pool by a voluntary association of United States registered pilots to provide for efficient dispatching of vessels and rendering of pilotage services.
(b) For pilotage pools, the Secretary may—
(1) limit the number of the pools;
(2) prescribe regulations for their operation and administration;
(3) prescribe a uniform system of accounts;
(4) perform audits and inspections; and
(5) require coordination on a reciprocal basis with similar pool arrangements authorized by the appropriate agency of Canada.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 559.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
9304
46:216b(e)
Section 9304 provides for the formation of a pool by a voluntary association of United States registered pilots to provide for efficient pilotage services.
Subsection (a) permits the Secretary to authorize formation of United States pilotage pools.
Subsection (b) sets forth the restrictions and conditions that the Secretary may prescribe for these pools.
46 U.S.C. § 9305 (SHIPPING)
§ 9305. Agreements with Canada
To provide for a coordinated system of pilotage service on the Great Lakes, the Secretary, subject to the concurrence of the Secretary of State, may make agreements with the appropriate agency of Canada to—
(1) fix the number of pilots to be registered in each country;
(2) provide for participation on an equitable basis;
(3) prescribe joint or identical rates and charges;
(4) coordinate pool operations; and
(5) establish conditions for services by registered pilots.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 559.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
9305
46:216b(d)
46:216d
Section 9305 authorizes the Secretary of Transportation, subject to the concurrence of the Secretary of State, to make agreements with Canada for a coordinated system of pilotage service on the Great Lakes. The agreements may fix the number of registered pilots, provide for equitable participation, prescribe rates and charges, coordinate pool operations, and establish conditions for service.
46 U.S.C. § 9306 (SHIPPING)
§ 9306. State regulation prohibited
A State or political subdivision of a State may not regulate or impose any requirement on pilotage on the Great Lakes.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 559.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
9306
46:216g
Section 9306 prohibits State or local regulations of pilotage on the Great Lakes and is part of the exception provided by law envisioned under section 8501(a).