dreamproit/uscode huggingface dataset:
46 U.S.C. § 13109 (SHIPPING)
§ 13109. Consultation, cooperation, and regulation
(a) In carrying out responsibilities under this chapter, the Secretary may consult with State and local governments, public and private agencies, organizations and committees, private industry, and other persons having an interest in boating safety.
(b) The Secretary may advise, assist, and cooperate with the States and other interested public and private agencies in planning, developing, and carrying out boating safety programs. Acting under section 141 1 of title 14, the Secretary shall ensure the fullest cooperation between the State and United States Government authorities in promoting boating safety by making agreements and other arrangements with States when possible. Subject to chapter 23 2 of title 14, the Secretary may make available, on request of a State, the services of members of the Coast Guard Auxiliary to assist the State in promoting boating safety on State waters.
(c) The Secretary may prescribe regulations to carry out this chapter.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 597; Pub. L. 98–369, div. A, title X, § 1011(g), July 18, 1984, 98 Stat. 1013.)
text: Historical and Revision Notes
Revised section
Source section (U.S. Code)
13109
46:1481
Section 13109 authorizes the Secretary to consult with State and local governments, public and private agencies, and any other persons that have an interest in boating safety.
This section also authorizes the Secretary to advise and assist the States and other public and private agencies in the planning and carrying out of their boating safety and facilities improvement programs.
heading: References in Text
text: Chapter 23 of title 14, referred to in subsec. (b), was comprised of sections 821 to 832 prior to the renumbering of such sections as sections 3901 to 3913, respectively, of title 14 by Pub. L. 115–282, title I, § 119(b), Dec. 4, 2018, 132 Stat. 4236. After renumbering, such sections now comprise chapter 39 of Title 14.
heading: Amendments
text: 1984—Subsec. (a). Pub. L. 98–369 struck out “and facilities improvement” after “boating safety”.
Subsec. (b). Pub. L. 98–369 struck out “and facilities improvement” after “and carrying out boating safety”.
heading: References to Sections of Title 14 as Redesignated by Pub. L. 115–282
text: Section 141 of title 14 redesignated section 701 of title 14 by Pub. L. 115–282, title I, § 106(b), Dec. 4, 2018, 132 Stat. 4203, and references to section 141 of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a note preceding section 101 of Title 14, Coast Guard.
heading: Effective Date of 1984 Amendment
text: Amendment by Pub. L. 98–369 effective Oct. 1, 1984, to apply with respect to fiscal years beginning after Sept. 30, 1984, see section 1013 of Pub. L. 98–369, set out as a note under section 13101 of this title.
46 U.S.C. § 13110 (SHIPPING)
[§ 13110. Repealed. Pub. L. 115–282, title VI, § 601(c)(4)(A), Dec. 4, 2018, 132 Stat. 4289]
text: Section, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 598; Pub. L. 99–626, § 3(a)(1), (b)(1), (2), Nov. 7, 1986, 100 Stat. 3505; Pub. L. 100–448, § 20(a), Sept. 28, 1988, 102 Stat. 1846; Pub. L. 102–241, § 24, Dec. 19, 1991, 105 Stat. 2217; Pub. L. 104–324, title III, § 304(f), Oct. 19, 1996, 110 Stat. 3918; Pub. L. 107–295, title III, § 335, Nov. 25, 2002, 116 Stat. 2105; Pub. L. 108–293, title IV, § 418(f), Aug. 9, 2004, 118 Stat. 1049; Pub. L. 111–281, title VI, § 621(b), Oct. 15, 2010, 124 Stat. 2976, established the National Boating Safety Advisory Council. See section 15105 of this title.
46 U.S.C. § 15101 (SHIPPING)
§ 15101. National Chemical Transportation Safety Advisory Committee
(a) Establishment.—
There is established a National Chemical Transportation Safety Advisory Committee (in this section referred to as the “Committee”).
(b) Function.—
The Committee shall advise the Secretary on matters relating to the safe and secure marine transportation of hazardous materials.
(c) Membership.—
(1) In general.—
The Committee shall consist of not more than 25 members appointed by the Secretary in accordance with this section and section 15109 of this chapter.
(2) Expertise.—
Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.
(3) Representation.—
Each member of the Committee shall represent 1 of the following:
(A) Chemical manufacturing entities.
(B) Entities related to marine handling or transportation of chemicals.
(C) Vessel design and construction entities.
(D) Marine safety or security entities.
(E) Marine environmental protection entities.
(4) Distribution.—
The Secretary shall, based on the needs of the Coast Guard, determine the number of members of the Committee who represent each entity specified in paragraph (3). Neither this paragraph nor any other provision of law shall be construed to require an equal distribution of members representing each entity specified in paragraph (3).
(Added Pub. L. 115–282, title VI, § 601(a), Dec. 4, 2018, 132 Stat. 4280.)
46 U.S.C. § 15102 (SHIPPING)
§ 15102. National Commercial Fishing Safety Advisory Committee
(a) Establishment.—
There is established a National Commercial Fishing Safety Advisory Committee (in this section referred to as the “Committee”).
(b) Function.—
The Committee shall—
(1) advise the Secretary on matters relating to the safe operation of vessels to which chapter 45 of this title applies, including the matters of—
(A) navigation safety;
(B) safety equipment and procedures;
(C) marine insurance;
(D) vessel design, construction, maintenance, and operation; and
(E) personnel qualifications and training; and
(2) review regulations proposed under chapter 45 of this title (during preparation of the regulations).
(c) Membership.—
(1) In general.—
The Committee shall consist of 18 members appointed by the Secretary in accordance with this section and section 15109 of this chapter.
(2) Expertise.—
Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.
(3) Representation.—
Members of the Committee shall be appointed as follows:
(A) 10 members shall represent the commercial fishing industry and—
(i) as a group, shall together reflect a regional and representational balance; and
(ii) as individuals, shall each have experience—
(I) in the operation of vessels to which chapter 45 of this title applies; or
(II) as a crew member or processing line worker on a fish processing vessel.
(B) 1 member shall represent naval architects and marine engineers.
(C) 1 member shall represent manufacturers of equipment for vessels to which chapter 45 of this title applies.
(D) 1 member shall represent education and training professionals related to fishing vessel, fish processing vessel, and fish tender vessel safety and personnel qualifications.
(E) 1 member shall represent underwriters that insure vessels to which chapter 45 of this title applies.
(F) 1 member shall represent owners of vessels to which chapter 45 of this title applies.
(G) 3 members shall represent the general public and, to the extent possible, shall include—
(i) an independent expert or consultant in maritime safety;
(ii) a marine surveyor who provides services to vessels to which chapter 45 of this title applies; and
(iii) a person familiar with issues affecting fishing communities and the families of fishermen.
(Added Pub. L. 115–282, title VI, § 601(a), Dec. 4, 2018, 132 Stat. 4281.)
46 U.S.C. § 15103 (SHIPPING)
§ 15103. National Merchant Marine Personnel Advisory Committee
(a) Establishment.—
There is established a National Merchant Marine Personnel Advisory Committee (in this section referred to as the “Committee”).
(b) Function.—
The Committee shall advise the Secretary on matters relating to personnel in the United States merchant marine, including the training, qualifications, certification, documentation, and fitness of mariners.
(c) Membership.—
(1) In general.—
The Committee shall consist of 19 members appointed by the Secretary in accordance with this section and section 15109 of this chapter.
(2) Expertise.—
Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.
(3) Representation.—
Members of the Committee shall be appointed as follows:
(A) 9 members shall represent mariners and, of the 9—
(i) each shall—
(I) be a citizen of the United States; and
(II) hold an active license or certificate issued under chapter 71 of this title or a merchant mariner document issued under chapter 73 of this title;
(ii) 3 shall be deck officers who represent merchant marine deck officers and, of the 3—
(I) 2 shall be licensed for oceans any gross tons;
(II) 1 shall be licensed for inland river route with a limited or unlimited tonnage;
(III) 2 shall have a master’s license or a master of towing vessels license;
(IV) 1 shall have significant tanker experience; and
(V) to the extent practicable—
(aa) 1 shall represent labor; and
(bb) 1 shall represent management;
(iii) 3 shall be engineering officers who represent merchant marine engineering officers and, of the 3—
(I) 2 shall be licensed as chief engineer any horsepower;
(II) 1 shall be licensed as either a limited chief engineer or a designated duty engineer; and
(III) to the extent practicable—
(aa) 1 shall represent labor; and
(bb) 1 shall represent management;
(iv) 2 shall be unlicensed seamen who represent merchant marine unlicensed seaman and, of the 2—
(I) 1 shall represent able-bodied seamen; and
(II) 1 shall represent qualified members of the engine department; and
(v) 1 shall be a pilot who represents merchant marine pilots.
(B) 6 members shall represent marine educators and, of the 6—
(i) 3 shall be marine educators who represent maritime academies and, of the 3—
(I) 2 shall represent State maritime academies (and are jointly recommended by such academies); and
(II) 1 shall represent either State maritime academies or the United States Merchant Marine Academy; and
(ii) 3 shall be marine educators who represent other maritime training institutions and, of the 3, 1 shall represent the small vessel industry.
(C) 2 members shall represent shipping companies employed in ship operation management.
(D) 2 members shall represent the general public.
(Added Pub. L. 115–282, title VI, § 601(a), Dec. 4, 2018, 132 Stat. 4282.)
46 U.S.C. § 15104 (SHIPPING)
§ 15104. National Merchant Mariner Medical Advisory Committee
(a) Establishment.—
There is established a National Merchant Mariner Medical Advisory Committee (in this section referred to as the “Committee”).
(b) Function.—
The Committee shall advise the Secretary on matters relating to—
(1) medical certification determinations for the issuance of licenses, certification of registry, and merchant mariners’ documents with respect to merchant mariners;
(2) medical standards and guidelines for the physical qualifications of operators of commercial vessels;
(3) medical examiner education; and
(4) medical research.
(c) Membership.—
(1) In general.—
The Committee shall consist of 14 members appointed by the Secretary in accordance with this section and section 15109 of this chapter.
(2) Expertise.—
Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.
(3) Representation.—
Members of the Committee shall be appointed as follows:
(A) 9 shall represent health-care professionals and have particular expertise, knowledge, and experience regarding the medical examinations of merchant mariners or occupational medicine.
(B) 5 shall represent professional mariners and have particular expertise, knowledge, and experience in occupational requirements for mariners.
(Added Pub. L. 115–282, title VI, § 601(a), Dec. 4, 2018, 132 Stat. 4283.)
46 U.S.C. § 15105 (SHIPPING)
§ 15105. National Boating Safety Advisory Committee
(a) Establishment.—
There is established a National Boating Safety Advisory Committee (in this section referred to as the “Committee”).
(b) Function.—
The Committee shall advise the Secretary on matters relating to national boating safety.
(c) Membership.—
(1) In general.—
The Committee shall consist of 21 members appointed by the Secretary in accordance with this section and section 15109 of this chapter.
(2) Expertise.—
Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.
(3) Representation.—
Members of the Committee shall be appointed as follows:
(A) 7 members shall represent State officials responsible for State boating safety programs.
(B) 7 members shall represent recreational vessel and associated equipment manufacturers.
(C) 7 members shall represent the general public or national recreational boating organizations and, of the 7, at least 5 shall represent national recreational boating organizations.
(Added Pub. L. 115–282, title VI, § 601(a), Dec. 4, 2018, 132 Stat. 4283.)
46 U.S.C. § 15106 (SHIPPING)
§ 15106. National Offshore Safety Advisory Committee
(a) Establishment.—
There is established a National Offshore Safety Advisory Committee (in this section referred to as the “Committee”).
(b) Function.—
The Committee shall advise the Secretary on matters relating to activities directly involved with, or in support of, the exploration of offshore mineral and energy resources, to the extent that such matters are within the jurisdiction of the Coast Guard.
(c) Membership.—
(1) In general.—
The Committee shall consist of 15 members appointed by the Secretary in accordance with this section and section 15109 of this chapter.
(2) Expertise.—
Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.
(3) Representation.—
Members of the Committee shall be appointed as follows:
(A) 2 members shall represent entities engaged in the production of petroleum.
(B) 2 members shall represent entities engaged in offshore drilling.
(C) 2 members shall represent entities engaged in the support, by offshore supply vessels or other vessels, of offshore mineral and oil operations, including geophysical services.
(D) 1 member shall represent entities engaged in the construction of offshore exploration and recovery facilities.
(E) 1 member shall represent entities engaged in diving services related to offshore construction, inspection, and maintenance.
(F) 1 member shall represent entities engaged in safety and training services related to offshore exploration and construction.
(G) 1 member shall represent entities engaged in pipelaying services related to offshore construction.
(H) 2 members shall represent individuals employed in offshore operations and, of the 2, 1 shall have recent practical experience on a vessel or offshore unit involved in the offshore mineral and energy industry.
(I) 1 member shall represent national environmental entities.
(J) 1 member shall represent deepwater ports.
(K) 1 member shall represent the general public (but not a specific environmental group).
(Added Pub. L. 115–282, title VI, § 601(a), Dec. 4, 2018, 132 Stat. 4284.)
46 U.S.C. § 15107 (SHIPPING)
§ 15107. National Navigation Safety Advisory Committee
(a) Establishment.—
There is established a National Navigation Safety Advisory Committee (in this section referred to as the “Committee”).
(b) Function.—
The Committee shall advise the Secretary on matters relating to maritime collisions, rammings, and groundings, Inland Rules of the Road, International Rules of the Road, navigation regulations and equipment, routing measures, marine information, and aids to navigation systems.
(c) Membership.—
(1) In general.—
The Committee shall consist of not more than 21 members appointed by the Secretary in accordance with this section and section 15109 of this chapter.
(2) Expertise.—
Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.
(3) Representation.—
Each member of the Committee shall represent 1 of the following:
(A) Commercial vessel owners or operators.
(B) Professional mariners.
(C) Recreational boaters.
(D) The recreational boating industry.
(E) State agencies responsible for vessel or port safety.
(F) The Maritime Law Association.
(4) Distribution.—
The Secretary shall, based on the needs of the Coast Guard, determine the number of members of the Committee who represent each entity specified in paragraph (3). Neither this paragraph nor any other provision of law shall be construed to require an equal distribution of members representing each entity specified in paragraph (3).
(Added Pub. L. 115–282, title VI, § 601(a), Dec. 4, 2018, 132 Stat. 4285.)
46 U.S.C. § 15108 (SHIPPING)
§ 15108. National Towing Safety Advisory Committee
(a) Establishment.—
There is established a National Towing Safety Advisory Committee (in this section referred to as the “Committee”).
(b) Function.—
The Committee shall advise the Secretary on matters relating to shallow-draft inland navigation, coastal waterway navigation, and towing safety.
(c) Membership.—
(1) In general.—
The Committee shall consist of 18 members appointed by the Secretary in accordance with this section and section 15109 of this chapter.
(2) Expertise.—
Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.
(3) Representation.—
Members of the Committee shall be appointed as follows:
(A) 7 members shall represent the barge and towing industry, reflecting a regional geographic balance.
(B) 1 member shall represent the offshore mineral and oil supply vessel industry.
(C) 1 member shall represent masters and pilots of towing vessels who hold active licenses and have experience on the Western Rivers and the Gulf Intracoastal Waterway.
(D) 1 member shall represent masters of towing vessels in offshore service who hold active licenses.
(E) 1 member shall represent masters of active ship-docking or harbor towing vessels.
(F) 1 member shall represent licensed and unlicensed towing vessel engineers with formal training and experience.
(G) 2 members shall represent port districts, authorities, or terminal operators.
(H) 2 members shall represent shippers and, of the 2, 1 shall be engaged in the shipment of oil or hazardous materials by barge.
(I) 2 members shall represent the general public.
(Added Pub. L. 115–282, title VI, § 601(a), Dec. 4, 2018, 132 Stat. 4285.)
46 U.S.C. § 40104 (SHIPPING)
§ 40104. Reports filed with the Commission
(a) Reports.—
(1) In general.—
The Federal Maritime Commission may require a common carrier or marine terminal operator, or an officer, receiver, trustee, lessee, agent, or employee of the common carrier or marine terminal operator to file with the Commission a periodical or special report, an account, record, rate, or charge, or a memorandum of facts and transactions related to the business of the common carrier or marine terminal operator, as applicable.
(2) Requirements.—
Any report, account, record, rate, charge, or memorandum required to be filed under paragraph (1) shall—
(A) be made under oath if the Commission requires; and
(B) be filed in the form and within the time prescribed by the Commission.
(3) Limitation.—
The Commission shall—
(A) limit the scope of any filing ordered under this section to fulfill the objective of the order; and
(B) provide a reasonable period of time for respondents to respond based upon their capabilities and the scope of the order.
(b) Conference Minutes.—
Conference minutes required to be filed with the Commission under this section may not be released to third parties or published by the Commission.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1527; Pub. L. 115–282, title VII, § 705, Dec. 4, 2018, 132 Stat. 4294.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
40104
46 App.:1714.
Pub. L. 98–237, § 15, Mar. 20, 1984, 98 Stat. 84; Pub. L. 98–595, § 3(b)(3), Oct. 30, 1984, 98 Stat. 3133; Pub. L. 105–258, title I, § 113, Oct. 14, 1998, 112 Stat. 1912.
heading: Amendments
text: 2018—Subsec. (a). Pub. L. 115–282 amended subsec. (a) generally. Prior to amendment, text read as follows: “The Federal Maritime Commission may require a common carrier or an officer, receiver, trustee, lessee, agent, or employee of the carrier to file with the Commission a periodical or special report, an account, record, rate, or charge, or a memorandum of facts and transactions related to the business of the carrier. The report, account, record, rate, charge, or memorandum shall be made under oath if the Commission requires, and shall be filed in the form and within the time prescribed by the Commission.”
46 U.S.C. § 40901 (SHIPPING)
§ 40901. License requirement
(a) In General.—
A person in the United States may not advertise, hold oneself out, or act as an ocean transportation intermediary unless the person holds an ocean transportation intermediary’s license issued by the Federal Maritime Commission. The Commission shall issue a license to a person that the Commission determines to be qualified by experience and character to act as an ocean transportation intermediary.
(b) Exception.—
A person whose primary business is the sale of merchandise may forward shipments of the merchandise for its own account without an ocean transportation intermediary’s license.
(c) Applicability.—
Subsection (a) and section 40902 do not apply to a person that performs ocean transportation intermediary services on behalf of an ocean transportation intermediary for which it is a disclosed agent.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1538; Pub. L. 115–282, title VII, § 707(a), (b), Dec. 4, 2018, 132 Stat. 4295.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
40901(a)
46 App.:1718(a).
Pub. L. 98–237, § 19(a), (d), Mar. 20, 1984, 98 Stat. 87, 88; Pub. L. 105–258, title I, § 116, Oct. 14, 1998, 112 Stat. 1912.
40901(b)
46 App.:1718(d).
heading: Amendments
text: 2018—Subsec. (a). Pub. L. 115–282, § 707(a), inserted “advertise, hold oneself out, or” after “may not”.
Subsec. (c). Pub. L. 115–282, § 707(b), added subsec. (c).