1625-0007 Stat/Auth

§ 8905

TITLE 46—SHIPPING
AMENDMENTS

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).
EFFECTIVE DATE OF 1986 AMENDMENT
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.’’

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

DEMONSTRATION PROJECT
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.’’

Page 138

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’’.

CHAPTER 91—TANK VESSEL MANNING
STANDARDS

§ 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.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

8905(a) .........................................
8905(b) .........................................

46:1461(f)
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.

Sec.

9101.
9102.

Standards for foreign tank vessels.
Standards for tank vessels of the United
States.
HISTORICAL AND REVISION NOTES

Chapter 91 prescribes manning standards for certain
foreign and United States tank vessels carrying oil or
hazardous materials.

§ 9101. Standards for foreign tank vessels
(a)(1) The Secretary shall evaluate the manning, training, qualification, and watchkeeping
standards of a foreign country that issues documentation for any vessel to which chapter 37 of
this title applies—
(A) on a periodic basis; and
(B) when the vessel is involved in a marine
casualty required to be reported under section
6101(a)(4) or (5) of this title.
(2) After each evaluation made under paragraph (1) of this subsection, the Secretary shall
determine whether—
(A) the foreign country has standards for licensing and certification of seamen that are at
least equivalent to United States law or international standards accepted by the United
States; and
(B) those standards are being enforced.

§ 8906. Penalty

(3) If the Secretary determines under this subsection that a country has failed to maintain or
enforce standards at least equivalent to United
States law or international standards accepted
by the United States, the Secretary shall prohibit vessels issued documentation by that
country from entering the United States until
the Secretary determines those standards have
been established and are being enforced.
(4) The Secretary may allow provisional entry
of a vessel prohibited from entering the United
States under paragraph (3) of this subsection if—
(A) the owner or operator of the vessel establishes, to the satisfaction of the Secretary,
that the vessel is not unsafe or a threat to the
marine environment; or
(B) the entry is necessary for the safety of
the vessel or individuals on the vessel.

An owner, charterer, managing operator,
agent, master, or individual in charge of a vessel

(b) A foreign vessel to which chapter 37 of this
title applies that has on board oil or hazardous

AMENDMENTS
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).

Page 139

§ 9102

TITLE 46—SHIPPING

material in bulk as cargo or cargo residue shall
have a specified number of personnel certified as
tankerman or equivalent, as required by the
Secretary, when the vessel transfers oil or hazardous material in a port or place subject to the
jurisdiction of the United States. The requirement of this subsection shall be noted in applicable terminal operating procedures. A transfer
operation may take place only if the crewmember in charge is capable of clearly understanding instructions in English.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 556; Pub. L.
101–380, title IV, § 4106(a), Aug. 18, 1990, 104 Stat.
513.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

9101(a) .........................................
9101(b) .........................................

46:391a(11)
46:391a(10)(B)

Section 9101 requires monitoring of manning standards for foreign tank vessels operating on the navigable
waters of the United States and transferring oil or hazardous material in the United States.
Subsection (a) requires the Secretary of Transportation to evaluate the manning, training, qualification,
and watchkeeping standards of foreign countries whose
tank vessels operate on United States waters, or use
transfer facilities, and to decide if the standards are
equivalent or more stringent than United States standards.
Subsection (b) authorizes the Secretary to specify the
number of tankermen required on a foreign tank vessel
and to have certified tankermen who can understand
English when transferring oil or hazardous material in
the United States. This requirement is to be made part
of the terminal operating procedures.

(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.)

AMENDMENTS
1990—Subsec. (a). Pub. L. 101–380 amended subsec. (a)
generally. Prior to amendment, subsec. (a) read as follows: ‘‘The Secretary shall—
‘‘(1) periodically evaluate the manning, training,
qualification, and watchkeeping standards prescribed
by the certificating country of a foreign vessel to
which chapter 37 of this title applies, that operates
on the navigable waters of the United States and
transfers oil or hazardous material in a port or place
under the jurisdiction of the United States; and
‘‘(2) after each evaluation made under clause (1) of
this subsection, decide whether the foreign country,
whose system for licensing and certification of seamen was evaluated, has standards that are equivalent
to or more stringent than United States standards or
international standards accepted by the United
States.’’

HISTORICAL AND REVISION NOTES
Revised section
9102 ..............................................

§ 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;

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).
AMENDMENTS
1990—Par. (8). Pub. L. 101–380 added par. (8).
EFFECTIVE DATE OF 1990 AMENDMENT

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.

Source section (U.S. Code)

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.

CHAPTER 93—GREAT LAKES PILOTAGE
Sec.

9301.
9302.
9303.
9304.
9305.
9306.
9307.
9308.

Definitions.
Great Lakes pilots required.
United States registered pilot service.
Pilotage pools.
Agreements with Canada.
State regulation prohibited.
Great Lakes Pilotage Advisory Committee.
Penalties.
HISTORICAL AND REVISION NOTES

Chapter 93 contains the pilotage requirements for
United States vessels sailing under register and foreign