1625-0086 Stat/Authority

Page 141

§ 9303

TITLE 46—SHIPPING

Subsec. (e). Pub. L. 104–324, § 1115(b)(6), substituted
‘‘subsection (a)’’ for ‘‘subsections (a) and (b)’’.
Subsec. (f). Pub. L. 104–324, § 1115(b)(7), added subsec.
(f).
1990—Subsec. (b). Pub. L. 101–380 amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows: ‘‘An individual of a vessel licensed for navigation
on the Great Lakes under section 7101 of this title, or
equivalent provisions of Canadian law, and qualified for
the route being navigated, may serve as the pilot required on waters not designated by the President.’’
EFFECTIVE DATE OF 1990 AMENDMENT
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.
PROC. NO. 3385. DESIGNATION OF RESTRICTED WATERS
Proc. No. 3385, Dec. 22, 1960, 25 F.R. 13681, as amended
by Proc. No. 3855, June 10, 1968, 33 F.R. 8535, provided:
WHEREAS, pursuant to section 3(a) of the Great
Lakes Pilotage Act of 1960 (Public Law 86–555; 74 Stat.
259) [46 U.S.C. 9302(a)], the President is directed to designate and by proclamation announce those United
States waters of the Great Lakes in which registered
vessels of the United States and foreign vessels shall be
required to have in their service a United States registered pilot or a Canadian registered pilot for the waters concerned; and
WHEREAS the aforesaid section 3(a) [46 U.S.C.
9302(a)] provides that these designations shall be made
with due regard to the public interest, the effective utilization of navigable waters, marine safety, and the foreign relations of the United States:
NOW, THEREFORE, I, DWIGHT D. EISENHOWER,
President of the United States of America, acting
under and by virtue of the authority vested in me by
section 3(a) of the Great Lakes Pilotage Act of 1960 [46
U.S.C. 9302(a)], do hereby designate and proclaim the
following areas in which registered vessels of the
United States and foreign vessels shall be required to
have in their service a United States registered pilot or
a Canadian registered pilot for the waters concerned,
on and after the effective date of regulations issued by
the Secretary of Transportation pursuant to the Act:
(1) District 1. All United States waters of the St. Lawrence River between the international boundary at St.
Regis and a line at the head of the river running (at approximately 127° true) between Carruthers Point Light
and South Side Light extended to the New York shore.
(2) District 2. All United States waters of Lake Erie
westward of a line running (at approximately 026° true)
from Sandusky Pierhead Light at Cedar Point to
Southeast Shoal Light; all waters contained within the
arc of a circle of one mile radius eastward of Sandusky
Pierhead Light; the Detroit River; Lake St. Clair; the
St. Clair River, and northern approaches thereto south
of latitude 43°05′30′′ N.
(3) District 3. All United States waters of the St.
Marys River, Sault Sainte Marie Locks and approaches
thereto between latitude 45°59′ N. at the southern approach and longitude 84°33′ W. at the northern approach.
IN WITNESS WHEREOF, I have hereunto set my
hand and caused the Seal of the United States of America to be affixed.
DONE at the City of Washington this twenty-second
day of December in the year of our Lord nineteen hundred and sixty, and of the Independence
of the United States of America the one hundred and eighty-fifth.
[SEAL]
DWIGHT D. EISENHOWER.

§ 9303. United States registered pilot service
(a) The Secretary shall prescribe by regulation
standards of competency to be met by each ap-

plicant for registration under this chapter. An
applicant must—
(1) have a license as master, mate, or pilot
issued under section 7101 of this title;
(2) have acquired at least 24 months licensed
service or equivalent experience on vessels or
integrated towing vessels and tows of at least
4,000 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, operating on the Great
Lakes or oceans, with a minimum of 6 months
of that service or experience having been on
the Great Lakes; and
(3) agree that, if appointed as a United
States registered pilot, the applicant will be
available for service when required.
(b) The Secretary shall issue to each registered pilot under this chapter a certificate of
registration describing the areas within which
the pilot may serve. The pilot shall carry the
certificate when in the service of a vessel.
(c) The Secretary shall prescribe by regulation
the duration of validity of registration.
(d) The Secretary may prescribe by regulation
the conditions for service by United States registered pilots, including availability for service.
(e) Subject to sections 551–559 of title 5, the
Secretary may suspend or revoke a certificate of
registration issued under this section if the
holder fails to comply with a regulation prescribed under this chapter. Suspension or revocation of the holder’s license under chapter 77
of this title includes the holder’s certificate of
registration.
(f) The Secretary shall prescribe by regulation
rates and charges for pilotage services, giving
consideration to the public interest and the
costs of providing the services. The Secretary
shall establish new pilotage rates by March 1 of
each year. The Secretary shall establish base
pilotage rates by a full ratemaking at least once
every 5 years and shall conduct annual reviews
of such base pilotage rates, and make adjustments to such base rates, in each intervening
year.
(g) The Secretary shall ensure that a sufficient number of individuals are assigned to carrying out subsection (f).
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 558; Pub. L.
104–324, title VII, § 735, Oct. 19, 1996, 110 Stat.
3941; Pub. L. 109–241, title III, § 302, July 11, 2006,
120 Stat. 527.)
HISTORICAL AND REVISION NOTES
Revised section
9303(a) .........................................
9303(b) .........................................
9303(c) .........................................
9303(e) .........................................
9303(f) ..........................................

Source section (U.S. Code)
46:216b(a)
46:216b(b)
46:216b(c)
46:216b(c)
46:216c

Section 9303 authorizes the Secretary to prescribe
regulatory standards of competency for registered pilots.
Subsection (a) requires an applicant for registration
as a pilot to have a master’s, mate’s, or pilot’s license,
24 months of licensed service, or equivalent, on vessels
on the oceans or Great Lakes, with a minimum of 6
months on the Great Lakes, and agree to be available
for service as a United States registered pilot if appointed.

§ 9304

TITLE 46—SHIPPING

Subsection (b) requires the Secretary to issue a certificate of registration describing the areas of service
of a registered pilot who must carry the certificate
when in a vessel’s service.
Subsection (c) authorizes the Secretary to prescribe
the duration of the validity of registration, while subsection (d) authorizes the Secretary to prescribe conditions for service by United States registered pilots.
Subsection (e) provides for the suspension or revocation of a certificate or registration by the Secretary.
Subsection (f) provides for setting the rates and
charges for pilotage services.
AMENDMENTS
2006—Subsec. (f). Pub. L. 109–241, § 302(1), inserted at
end ‘‘The Secretary shall establish new pilotage rates
by March 1 of each year. The Secretary shall establish
base pilotage rates by a full ratemaking at least once
every 5 years and shall conduct annual reviews of such
base pilotage rates, and make adjustments to such base
rates, in each intervening year.’’
Subsec. (g). Pub. L. 109–241, § 302(2), added subsec. (g).
1996—Subsec. (a)(2). 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 ‘‘4,000 gross tons’’.

§ 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.)
HISTORICAL AND REVISION NOTES
Revised section
9304 ..............................................

Source section (U.S. Code)
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.

§ 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.)

Page 142
HISTORICAL AND REVISION NOTES

Revised section
9305 ..............................................

Source section (U.S. Code)
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.

§ 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.)
HISTORICAL AND REVISION NOTES
Revised section
9306 ..............................................

Source section (U.S. Code)
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).

§ 9307. Great Lakes Pilotage Advisory Committee
(a) The Secretary shall establish a Great
Lakes Pilotage Advisory Committee. The Committee—
(1) may review proposed Great Lakes pilotage regulations and policies and make recommendations to the Secretary that the Committee considers appropriate;
(2) may advise, consult with, report to, and
make recommendations to the Secretary on
matters relating to Great Lakes pilotage;
(3) may make available to the Congress recommendations that the Committee makes to
the Secretary; and
(4) shall meet at the call of—
(A) the Secretary, who shall call such a
meeting at least once during each calendar
year; or
(B) a majority of the Committee.
(b)(1) The Committee shall consist of seven
members appointed by the Secretary in accordance with this subsection, each of whom has at
least 5 years practical experience in maritime
operations. The term of each member is for a period of not more than 5 years, specified by the
Secretary. Before filling a position on the Committee, the Secretary shall publish a notice in
the Federal Register soliciting nominations for
membership on the Committee.
(2) The membership of the Committee shall include—
(A) the President of each of the 3 Great
Lakes pilotage districts, or the President’s
representative;
(B) one member representing the interests of
vessel operators that contract for Great Lakes
pilotage services;
(C) one member representing the interests of
Great Lakes ports;
(D) one member representing the interests of
shippers whose cargoes are transported
through Great Lakes ports; and