US (United States) Code. Title 46. Subtitle II: Vessels and Seamen. Part F. Chapter 83: Masters and officers

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Shipping

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 13 páginas
publicidad

-CITE-

46 USC CHAPTER 83 - MASTERS AND OFFICERS 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part F - Manning of Vessels

CHAPTER 83 - MASTERS AND OFFICERS

-HEAD-

CHAPTER 83 - MASTERS AND OFFICERS

-MISC1-

Sec.

8301. Minimum number of licensed individuals.

8302. Staff department.

8303. Service under licenses issued without examination.

8304. Implementing the Officers' Competency Certificates

Convention, 1936.

HISTORICAL AND REVISION NOTES

For certain vessels of the United States, chapter 83 prescribes

the minimum number of licensed individuals (including masters),

establishes the staff department consisting of medical and clerical

personnel, restricts service under certain licenses issued without

examination, and implements the Officers' Competency Certificates

Convention of 1936.

-End-

-CITE-

46 USC Sec. 8301 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part F - Manning of Vessels

CHAPTER 83 - MASTERS AND OFFICERS

-HEAD-

Sec. 8301. Minimum number of licensed individuals

-STATUTE-

(a) Except as provided in chapter 89 of this title and except for

a vessel operating only on rivers, harbors, lakes (except the Great

Lakes), bays, sounds, bayous, and canals, a vessel subject to

inspection under chapter 33 of this title shall engage a minimum of

licensed individuals as follows:

(1) Each of those vessels propelled by machinery or carrying

passengers shall have a licensed master.

(2) A vessel of at least 1,000 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 and propelled by machinery

shall have 3 licensed mates, except -

(A) in the case of a vessel other than a mobile offshore

drilling unit, if on a voyage of less than 400 miles from port

of departure to port of final destination, the vessel shall

have 2 licensed mates; and

(B) in the case of a mobile offshore drilling unit, the

vessel shall have licensed individuals as provided by

regulations prescribed by the Secretary under section 8101 of

this title.

(3) A vessel of at least 200 gross tons but less than 1,000

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 and

propelled by machinery shall have 2 licensed mates.

(4) A vessel of at least 100 gross tons but 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 and

propelled by machinery shall have one licensed mate. However, if

the vessel is on a voyage of more than 24 hours, it shall have 2

licensed mates.

(5) A freight vessel or a passenger vessel of at least 300

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 and

propelled by machinery shall have a licensed engineer.

(b) An offshore supply vessel on a voyage of less than 600 miles

shall have a licensed mate. However, if the vessel is on a voyage

of at least 600 miles, the vessel shall have 2 licensed mates. An

offshore supply vessel of more 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 may not be operated without a

licensed engineer.

(c) Subsection (a) of this section does not apply to a fishing or

whaling vessel, a mobile offshore drilling unit when on location,

or a yacht.

(d) The Secretary may -

(1) suspend any part of this chapter during a national

emergency proclaimed by the President; and

(2) increase the number of licensed individuals on a vessel to

which this chapter applies if, in the Secretary's judgment, the

vessel is not sufficiently manned for safe operation.

(e) The Secretary may prescribe the minimum number of licensed

individuals for an oil spill response vessel.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 550; Pub. L. 98-557, Sec.

29(c), (d), Oct. 30, 1984, 98 Stat. 2873, 2874; Pub. L. 99-640,

Sec. 11(d), Nov. 10, 1986, 100 Stat. 3550; Pub. L. 100-448, Sec. 7,

Sept. 28, 1988, 102 Stat. 1842; Pub. L. 103-206, title III, Sec.

322(b), Dec. 20, 1993, 107 Stat. 2428; Pub. L. 104-324, title VII,

Sec. 729, title XI, Sec. 1104(d), Oct. 19, 1996, 110 Stat. 3940,

3967.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

8301 46:223

46:404-1(8)

--------------------------------------------------------------------

Section 8301 prescribes the minimum number of licensed

individuals on board certain vessels based on the vessel's size or

propulsion, length of voyage by distance or time, or any

combination of these factors.

Subsection (a) applies to certain merchant and passenger carrying

vessels of the United States, each of which must have a licensed

master regardless of the factors listed above. Subsection (b)

applies to offshore supply vessels. Subsection (c) exempts fishing

or whaling vessels or yachts from these requirements.

Subsection (d) permits the Secretary to suspend any part of this

chapter during a declared national emergency or to increase the

number of licensed individuals required by this chapter if required

for safe operation of a vessel.

AMENDMENTS

1996 - Subsec. (a)(2). Pub. L. 104-324, Sec. 729(1), 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 "1,000 gross

tons".

Subsec. (a)(3). Pub. L. 104-324, Sec. 729(2), 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 "1,000 gross

tons".

Subsec. (a)(4). Pub. L. 104-324, Sec. 729(3), 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. (a)(5). Pub. L. 104-324, Sec. 729(4), 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 "300 gross

tons".

Subsec. (b). Pub. L. 104-324, Sec. 729(5), 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. (e). Pub. L. 104-324, Sec. 1104(d), amended subsec. (e)

generally. Prior to amendment, subsec. (e) read as follows: "A

vessel used only to respond to a discharge of oil or a hazardous

substance shall have -

"(1) two licensed mates when the vessel is engaged in an

operation over 12 hours in duration;

"(2) one licensed mate when the vessel is engaged in an

operation less than 12 hours in duration; and

"(3) if the vessel is more than 200 gross tons, a licensed

engineer when the vessel is operating."

1993 - Subsec. (e). Pub. L. 103-206 added subsec. (e).

1988 - Subsec. (a)(2). Pub. L. 100-448 amended par. (2)

generally. Prior to amendment, par. (2) read as follows: "A vessel

of at least 1,000 gross tons and propelled by machinery shall have

3 licensed mates. However, if the vessel is on a voyage of less

than 400 miles from port of departure to port of final destination,

it shall have 2 licensed mates."

1986 - Subsec. (c). Pub. L. 99-640 inserted ", a mobile offshore

drilling unit when on location,".

1984 - Subsec. (a). Pub. L. 98-557, Sec. 29(c), in provisions

preceding par. (1) inserted exception for the Great Lakes and

substituted provisions relating to inspection under chapter 33 of

this title for provisions relating to applicability of part B of

this subtitle.

Subsec. (a)(1). Pub. L. 98-557, Sec. 29(d), inserted "propelled

by machinery or carrying passengers".

-End-

-CITE-

46 USC Sec. 8302 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part F - Manning of Vessels

CHAPTER 83 - MASTERS AND OFFICERS

-HEAD-

Sec. 8302. Staff department

-STATUTE-

(a) This section applies to a vessel of the United States except

-

(1) a fishing or whaling vessel or a yacht;

(2) a vessel operated only on bays, sounds, inland waters, and

lakes (except the Great Lakes); and

(3) a vessel ferrying passengers and cars on the Great Lakes.

(b) The staff department on a vessel is a separate and

independent department. It consists of individuals registered under

section 7101 of this title, clerks, and individuals assigned to the

senior registered medical doctor.

(c) The staff department is composed of a medical division and a

purser's division. The officer in charge of each division is

responsible only to the master. The senior registered medical

doctor is in charge of the medical division. The senior registered

purser is in charge of the purser's division.

(d) The officer in charge of the purser's division of the staff

department on an oceangoing passenger vessel licensed to carry more

than 100 passengers shall be a registered chief purser. When more

than 3 persons are employed in the purser's division of that

vessel, there also shall be at least one registered senior

assistant purser and one registered junior assistant purser.

(e) A person may not employ an individual to serve in, and an

individual may not serve in, a grade of staff officer on a vessel,

when that staff officer is required by this section to be

registered, if the individual does not have a certificate of

registry as staff officer in that grade. A person (including an

individual) violating this subsection is liable to the United

States Government for a civil penalty of $100. However, if a

registered staff officer is not available at the time of sailing,

the vessel may sail with an unregistered staff officer or without a

staff officer.

(f) A staff officer may not be included in a vessel's certificate

of inspection.

(g) A registered staff officer serving under this section who is

a member of the Naval Reserve may wear on the officer's uniform

special distinguishing insignia prescribed by the Secretary of the

Navy.

(h) The uniform stripes, decoration, or other insignia worn by a

staff officer shall be of gold braid or woven gold or silver

material. A crewmember (except a staff officer) may not wear any

uniform with a staff officer's identifying insignia.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 551; Pub. L. 99-36, Sec.

1(a)(4), May 15, 1985, 99 Stat. 67.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

8302(a)-(d) 46:242

46:248

8302(e), (f) 46:246(a)

8302(g) 46:245(a)

8302(h) 46:245(b)

--------------------------------------------------------------------

Section 8302 sets forth the organization and manning requirements

of the staff department of a vessel. The staff department has

medical and clerical responsibilities.

Subsection (a) applies this section to every United States vessel

except a yacht, a fishing, whaling, or certain types of inland

waterway vessel, and a ferry carrying passengers or cars on the

Great Lakes. A ferry is a vessel that primarily carries passengers,

cars, or trains from shore to shore as a means to connect existing

points on a transportation route so that the same type of

transportation mode may continue to be used upon arrival at either

point. Vessels carrying cars as cargo would not be included in this

type of vessel.

Subsection (b) establishes the staff department as a separate one

consisting of registered individuals (pursers, medical doctors, and

professional nurses), clerks, and medical assistants. Subsection

(c) divides the department into a medical division and a purser's

division and designates the individual in charge of each division.

Subsection (d) prescribes particular requirements of the purser's

division based on size of the vessel or number of individuals

employed in the division.

Subsection (e) prohibits the employment or service of an

individual who is not registered or of the grade as required under

this section and prescribes a penalty for violation of the

subsection. This penalty applies to both the employer and the

individual employed. If a registered staff officer is unavailable

at the time of departure for a voyage, the vessel may proceed on

its voyage with either an unregistered staff officer or without a

staff officer.

Subsection (f) prohibits including a staff officer on a vessel's

certificate of inspection.

Subsections (g) and (h) prescribe the type and restrictions for

the uniform accouterments of a staff officer.

AMENDMENTS

1985 - Subsec. (b). Pub. L. 99-36 inserted a comma after

"clerks".

-End-

-CITE-

46 USC Sec. 8303 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part F - Manning of Vessels

CHAPTER 83 - MASTERS AND OFFICERS

-HEAD-

Sec. 8303. Service under licenses issued without examination

-STATUTE-

An individual issued a license without examination before October

29, 1941, to serve as master, mate, or engineer on a vessel not

subject to inspection under part B of this subtitle, may not serve

under authority of that license on a vessel that is subject to

inspection under part B.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 552.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

8303 46:224a

--------------------------------------------------------------------

Section 8303 prohibits an individual licensed without an

examination on an uninspected vessel prior to October 29, 1941,

from serving as a master, mate, or engineer on an inspected vessel.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14305 of this title.

-End-

-CITE-

46 USC Sec. 8304 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part F - Manning of Vessels

CHAPTER 83 - MASTERS AND OFFICERS

-HEAD-

Sec. 8304. Implementing the Officers' Competency Certificates

Convention, 1936

-STATUTE-

(a) In this section, "high seas" means waters seaward of the

Boundary Line.

(b) The Officers' Competency Certificates Convention, 1936

(International Labor Organization Draft Convention Numbered 53, on

the minimum requirement of professional capacity for masters and

officers on board merchant vessels), as ratified by the President

on September 1, 1938, with understandings appended, and this

section apply to a documented vessel operating on the high seas

except -

(1) a public vessel;

(2) a wooden vessel of primitive build, such as a dhow or junk;

(3) a barge; and

(4) 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.

(c) A person may not engage or employ an individual to serve as,

and an individual may not serve as, a master, mate, or engineer on

a vessel to which this section applies, if the individual does not

have a license issued under section 7101 of this title authorizing

service in the capacity in which the individual is to be engaged or

employed.

(d) A person (including an individual) violating this section is

liable to the United States Government for a civil penalty of $100.

(e) A license issued to an individual to whom this section

applies is a certificate of competency.

(f) A designated official may detain a vessel to which this

section applies (by written order served on the owner, charterer,

managing operator, agent, master, or individual in charge of the

vessel) when there is reason to believe that the vessel is about to

proceed from a port of the United States to the high seas in

violation of this section or a provision of the convention

described in subsection (b) of this section. The vessel may be

detained until the vessel complies with this section. Clearance may

not be granted to a vessel ordered detained under this section.

(g) A foreign vessel to which the convention described in

subsection (b) of this section applies, on the navigable waters of

the United States, is subject to detention under subsection (f) of

this section, and to an examination that may be necessary to decide

if there is compliance with the convention.

(h) The owner, charterer, managing operator, agent, master, or

individual in charge of a vessel detained under subsection (f) or

(g) of this section may appeal the order within 5 days as provided

by regulation.

(i) An officer or employee of the Customs Service may be

designated to enforce this section.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 552; Pub. L. 104-324, title

VII, Sec. 730, Oct. 19, 1996, 110 Stat. 3940.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

8304 46:224a

46:241

--------------------------------------------------------------------

Section 8304 implements the Officers' Competency Certificates

Convention, 1936, as ratified by the President on September 1,

1938, with understandings appended.

Subsection (a) defines "high seas" for this section. Subsection

(b) implements the Convention, applies the Convention to United

States vessels on the high seas, and exempts certain vessels.

Subsection (c) prohibits the employment or service of an

individual as a master, mate, or engineer on a vessel under this

section unless the individual has a license issued under section

7101 for the particular capacity in which the individual is

employed.

Subsection (d) prescribes a civil penalty for violating this

section.

Subsection (e) states that the license referred to in subsection

(c) is a certificate of competency for purposes of the Convention.

Subsection (f) provides for the detention of a vessel in

violation of this section or the Convention.

Subsection (g) applies the detention provision to a foreign

vessel on the navigable waters of the United States and subjects it

to an examination for compliance with the Convention.

Subsection (h) provides for an appeal of the detention order.

Subsection (i) permits the designation of a Customs Service

officer or employee to enforce this section.

-REFTEXT-

REFERENCES IN TEXT

The Officers' Competency Certificates Convention, 1936, referred

to in subsec. (b), is set out in 54 Stat. Pt. 2, p. 1683.

-MISC2-

AMENDMENTS

1996 - Subsec. (b)(4). 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 "200 gross tons".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14305 of this title.

-End-