CHAPTER 89—SMALL VESSEL MANNING

        

Historical and Revision Notes

Chapter 89 provides for the manning of freight vessels, small passenger vessels, uninspected passenger vessels, and towing vessels. It permits a licensed operator to be in charge of a vessel in lieu of a licensed master or pilot. It also sets forth exemption and civil penalties.

Amendments

1986—Pub. L. 99–307, §1(14)(A), May 19, 1986, 100 Stat. 446, substituted "Self-propelled, uninspected" for "Uninspected" in item 8903.

Chapter Referred to in Other Sections

This chapter is referred to in sections 4302, 8301 of this title.

§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.)

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.

Amendments

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".

§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.)

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.

§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.)

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.

Amendments

1986—Pub. L. 99–307 substituted "Self-propelled, uninspected" for "Uninspected" in section catchline and "A self-propelled," for "An" in text.

Section Referred to in Other Sections

This section is referred to in sections 4302, 8905 of this title.

§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.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 555; Pub. L. 99–640, §12(a), Nov. 10, 1986, 100 Stat. 3550.)

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.

Amendments

1986—Pub. L. 99–640 designated existing provisions as subsec. (a) and added subsec. (b).

Effective Date of 1986 Amendment

Section 12(b) of Pub. L. 99–640 provided that: "The amendments made by subsection (a) of this section [amending this section] shall take effect on January 1, 1988."

Section Referred to in Other Sections

This section is referred to in sections 8104, 8905 of this title; title 14 section 88.

§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 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.

(c) 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.)

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.

Amendments

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).

§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.)

Historical and Revision Notes

Revised section	Source section (U.S. Code)
8906	46:390d

Section 8906 prescribes the penalties for violations of this chapter.

Amendments

1996—Pub. L. 104–324 substituted "not more than $25,000" for "$1,000".