-CITE-

46 USC CHAPTER 89 - SMALL VESSEL MANNING 01/06/03

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TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part F - Manning of Vessels

CHAPTER 89 - SMALL VESSEL MANNING

-HEAD-

CHAPTER 89 - SMALL VESSEL MANNING

-MISC1-

Sec.

8901. Freight vessels.

8902. Small passenger vessels.

8903. Self-propelled, uninspected passenger vessels.

8904. Towing vessels.

8905. Exemptions.

8906. Penalty.

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, Sec. 1(14)(A), May 19, 1986, 100 Stat.

446, substituted "Self-propelled, uninspected" for "Uninspected" in

item 8903.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

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

-End-

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46 USC Sec. 8901 01/06/03

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TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part F - Manning of Vessels

CHAPTER 89 - SMALL VESSEL MANNING

-HEAD-

Sec. 8901. Freight vessels

-STATUTE-

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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 555; Pub. L. 104-324, title

VII, Sec. 733, Oct. 19, 1996, 110 Stat. 3941.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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8901 46:390b

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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".

-End-

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46 USC Sec. 8902 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part F - Manning of Vessels

CHAPTER 89 - SMALL VESSEL MANNING

-HEAD-

Sec. 8902. Small passenger vessels

-STATUTE-

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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 555.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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8902 46:390b

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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.

-End-

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46 USC Sec. 8903 01/06/03

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TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part F - Manning of Vessels

CHAPTER 89 - SMALL VESSEL MANNING

-HEAD-

Sec. 8903. Self-propelled, uninspected passenger vessels

-STATUTE-

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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 555; Pub. L. 99-307, Sec.

1(14)(B), (C), May 19, 1986, 100 Stat. 446.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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8903 46:1461(e), (f)

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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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

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46 USC Sec. 8904 01/06/03

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TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part F - Manning of Vessels

CHAPTER 89 - SMALL VESSEL MANNING

-HEAD-

Sec. 8904. Towing vessels

-STATUTE-

(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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 555; Pub. L. 99-640, Sec.

12(a), Nov. 10, 1986, 100 Stat. 3550.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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8904 46:405(b)(2)

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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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

title 14 section 88.

-End-

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46 USC Sec. 8905 01/06/03

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TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part F - Manning of Vessels

CHAPTER 89 - SMALL VESSEL MANNING

-HEAD-

Sec. 8905. Exemptions

-STATUTE-

(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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 556; Pub. L. 104-324, title

VII, Sec. 734, title XI, Sec. 1104(f), Oct. 19, 1996, 110 Stat.

3941, 3967.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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8905(a) 46:1461(f)

8905(b) 46:405(b)(3)

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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, Sec. 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, Sec. 1104(f), added subsec. (c).

-End-

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46 USC Sec. 8906 01/06/03

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TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part F - Manning of Vessels

CHAPTER 89 - SMALL VESSEL MANNING

-HEAD-

Sec. 8906. Penalty

-STATUTE-

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.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 556; Pub. L. 104-324, title

III, Sec. 306(b), Oct. 19, 1996, 110 Stat. 3918.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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8906 46:390d

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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".

-End-