[USC02] 46 USC Subtitle II, Part K: National Maritime Transportation Advisory Committees
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46 USC Subtitle II, Part K: National Maritime Transportation Advisory Committees
From Title 46—SHIPPINGSubtitle II—Vessels and Seamen

Part K—National Maritime Transportation Advisory Committees

CHAPTER 151—NATIONAL MARITIME TRANSPORTATION ADVISORY COMMITTEES

Sec.
15101.
National Chemical Transportation Safety Advisory Committee.
15102.
National Commercial Fishing Safety Advisory Committee.
15103.
National Merchant Marine Personnel Advisory Committee.
15104.
National Merchant Mariner Medical Advisory Committee.
15105.
National Boating Safety Advisory Committee.
15106.
National Offshore Safety Advisory Committee.
15107.
National Navigation Safety Advisory Committee.
15108.
National Towing Safety Advisory Committee.
15109.
Administration.

        

Statutory Notes and Related Subsidiaries

Treatment of Existing Councils and Committees

Pub. L. 115–282, title VI, §601(d), Dec. 4, 2018, 132 Stat. 4290, provided that: "Notwithstanding any other provision of law—

"(1) an advisory council or committee substantially similar to an advisory committee established under chapter 151 of title 46, United States Code, as added by this Act, and that was in force or in effect on the day before the date of enactment of this section [Dec. 4, 2018], including a council or committee the authority for which was repealed under subsection (c) [repealing sections 4508, 7115, 8108, and 13110 of this title and sections 1231a and 2073 of Title 33, Navigation and Navigable Waters], may remain in force or in effect for a period of 2 years from the date of enactment of this section, including that the charter, membership, and other aspects of the council or committee may remain in force or in effect; and

"(2) during the 2-year period referenced in paragraph (1)—

"(A) requirements relating to the applicable advisory committee established under chapter 151 of title 46, United States Code, shall be treated as satisfied by the substantially similar advisory council or committee; and

"(B) the enactment of this section [see Tables for classification], including the amendments made in this section, shall not be the basis—

"(i) to deem, find, or declare such council or committee, including the charter, membership, and other aspects thereof, void, not in force, or not in effect;

"(ii) to suspend the activities of such council or committee; or

"(iii) to bar the members of such council or committee from meeting."

§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.)

§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.)

§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.)

§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.)

§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.)

§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.)

§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.)

§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.)

§15109. Administration

(a) Meetings.—Each committee established under this chapter shall, at least once each year, meet at the call of the Secretary or a majority of the members of the committee.

(b) Employee Status.—A member of a committee established under this chapter shall not be considered an employee of the Federal Government by reason of service on such committee, except for the purposes of the following:

(1) Chapter 81 of title 5.

(2) Chapter 171 of title 28 and any other Federal law relating to tort liability.


(c) Compensation.—Notwithstanding subsection (b), a member of a committee established under this chapter, when actually engaged in the performance of the duties of such committee, may—

(1) receive compensation at a rate established by the Secretary, not to exceed the maximum daily rate payable under section 5376 of title 5; or

(2) if not compensated in accordance with paragraph (1)—

(A) be reimbursed for actual and reasonable expenses incurred in the performance of such duties; or

(B) be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5.


(d) Acceptance of Volunteer Services.—A member of a committee established under this chapter may serve on such committee on a voluntary basis without pay without regard to section 1342 of title 31 or any other law.

(e) Status of Members.—

(1) In general.—Except as provided in paragraph (2), with respect to a member of a committee established under this chapter whom the Secretary appoints to represent an entity or group—

(A) the member is authorized to represent the interests of the applicable entity or group; and

(B) requirements under Federal law that would interfere with such representation and that apply to a special Government employee (as defined in section 202(a) of title 18), including requirements relating to employee conduct, political activities, ethics, conflicts of interest, and corruption, do not apply to the member.


(2) Exception.—Notwithstanding subsection (b), a member of a committee established under this chapter shall be treated as a special Government employee for purposes of the committee service of the member if—

(A) the Secretary appointed the member to represent the general public; or

(B) the member, without regard to service on the committee, is a special Government employee.


(f) Service on Committee.—

(1) Solicitation of nominations.—Before appointing an individual as a member of a committee established under this chapter, the Secretary shall publish, in the Federal Register, a timely notice soliciting nominations for membership on such committee.

(2) Appointments.—

(A) In general.—After considering nominations received pursuant to a notice published under paragraph (1), the Secretary may, as necessary, appoint a member to the applicable committee established under this chapter.

(B) Prohibition.—The Secretary shall not seek, consider, or otherwise use information concerning the political affiliation of a nominee in making an appointment to any committee established under this chapter.


(3) Service at pleasure of the secretary.—

(A) In general.—Each member of a committee established under this chapter shall serve at the pleasure of the Secretary.

(B) Exception.—Notwithstanding subparagraph (A), a member of the committee established under section 15102 may only be removed prior to the end of the term of that member for just cause.


(4) Security background examinations.—The Secretary may require an individual to have passed an appropriate security background examination before appointment to a committee established under this chapter.

(5) Prohibition.—

(A) In general.—Except as provided in subparagraph (B), a Federal employee may not be appointed as a member of a committee established under this chapter.

(B) Special rule for national merchant marine personnel advisory committee.—The Secretary may appoint a Federal employee to serve as a member of the National Merchant Marine Personnel Advisory Committee to represent the interests of the United States Merchant Marine Academy and, notwithstanding paragraphs (1) and (2), may do so without soliciting, receiving, or considering nominations for such appointment.


(6) Terms.—

(A) In general.—The term of each member of a committee established under this chapter shall expire on December 31 of the third full year after the effective date of the appointment.

(B) Continued service after term.—When the term of a member of a committee established under this chapter ends, the member, for a period not to exceed 1 year, may continue to serve as a member until a successor is appointed.


(7) Vacancies.—A vacancy on a committee established under this chapter shall be filled in the same manner as the original appointment.

(8) Special rule for reappointments.—Notwithstanding paragraphs (1) and (2), the Secretary may reappoint a member of a committee established under this chapter for any term, other than the first term of the member, without soliciting, receiving, or considering nominations for such appointment.


(g) Staff Services.—The Secretary shall furnish to each committee established under this chapter any staff and services considered by the Secretary to be necessary for the conduct of the committee's functions.

(h) Chairman; Vice Chairman.—

(1) In general.—Each committee established under this chapter shall elect a Chairman and Vice Chairman from among the committee's members.

(2) Vice chairman acting as chairman.—The Vice Chairman shall act as Chairman in the absence or incapacity of, or in the event of a vacancy in the office of, the Chairman.


(i) Subcommittees and Working Groups.—

(1) In general.—The Chairman of a committee established under this chapter may establish and disestablish subcommittees and working groups for any purpose consistent with the function of the committee.

(2) Participants.—Subject to conditions imposed by the Chairman, members of a committee established under this chapter and additional persons drawn from entities or groups designated by this chapter to be represented on the committee or the general public may be assigned to subcommittees and working groups established under paragraph (1).

(3) Chair.—Only committee members may chair subcommittees and working groups established under paragraph (1).


(j) Consultation, Advice, Reports, and Recommendations.—

(1) Consultation.—

(A) In general.—Before taking any significant action, the Secretary shall consult with, and consider the information, advice, and recommendations of, a committee established under this chapter if the function of the committee is to advise the Secretary on matters related to the significant action.

(B) Inclusion.—For purposes of this paragraph, regulations proposed under chapter 45 of this title are significant actions.


(2) Advice, reports, and recommendations.—Each committee established under this chapter shall submit, in writing, to the Secretary its advice, reports, and recommendations, in a form and at a frequency determined appropriate by the committee.

(3) Explanation of actions taken.—Not later than 60 days after the date on which the Secretary receives recommendations from a committee under paragraph (2), the Secretary shall—

(A) publish the recommendations on a website accessible at no charge to the public;

(B) if the recommendations are from the committee established under section 15102, establish a mechanism for the submission of public comments on the recommendations; and

(C) respond, in writing, to the committee regarding the recommendations, including by providing an explanation of actions taken regarding the recommendations.


(4) Submission to congress.—

(A) In general.—The Secretary 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 the advice, reports, and recommendations received from committees under paragraph (2).

(B) Additional submission.—With respect to a committee established under section 70112 and to which this section applies, the Secretary shall submit the advice, reports, and recommendations received from the committee under paragraph (2) to the Committee on Homeland Security of the House of Representatives in addition to the committees specified in subparagraph (A).


(k) Observers.—Any Federal agency with matters under such agency's administrative jurisdiction related to the function of a committee established under this chapter may designate a representative to—

(1) attend any meeting of such committee; and

(2) participate as an observer at meetings of such committee that relate to such a matter.


(l) Termination.—Each committee established under this chapter shall terminate on September 30, 2027.

(Added Pub. L. 115–282, title VI, §601(a), Dec. 4, 2018, 132 Stat. 4286.)