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46 U.S.C. § 7101 — Issuing and classifying licenses and certificates of registry

Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 7101 — Issuing and classifying licenses and certificates of registry

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Source location: Title 46, Chapter 71, § 7101; chapter-071-licenses-and-certificates-of-registry.md

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**(a)** Licenses and certificates of registry are established for individuals who are required to hold licenses or certificates under this subtitle. **(b)** Under regulations prescribed by the Secretary, the Secretary— (1) issues the licenses and certificates of registry; and (2) may classify the licenses and certificates of registry as provided in subsections (c) and (f) of this section, based on— (A) the tonnage, means of propulsion, and horsepower of machine-propelled vessels; (B) the waters on which vessels are to be operated; or (C) other reasonable standards. **(c)** The Secretary may issue licenses in the following classes to applicants found qualified as to age, character, habits of life, experience, professional qualifications, and physical fitness: (1) masters, mates, and engineers. (2) pilots. (3) operators. (4) radio officers. **(d)** In classifying individuals under subsection (c)(1) of this section, the Secretary shall establish, when possible, suitable career patterns and service and other qualifying requirements appropriate to the particular service or industry in which the individuals are engaged. **(e)** An individual may be issued a license under subsection (c)(2) of this section only if the applicant— (1) is at least 21 years of age; (2) is of sound health and has no physical limitations that would hinder or prevent the performance of a pilot’s duties; (3) has a thorough physical examination each year while holding the license, except that this requirement does not apply to an individual who will serve as a pilot only on a vessel of less than 1,600 gross tons as measured under [section 14502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14502&num=0&edition=prelim), or an alternate tonnage measured under [section 14302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14302&num=0&edition=prelim) as prescribed by the Secretary under [section 14104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14104&num=0&edition=prelim); (4) demonstrates, to the satisfaction of the Secretary, that the applicant has the requisite general knowledge and skill to hold the license; (5) demonstrates proficiency in the use of electronic aids to navigation; (6) maintains adequate knowledge of the waters to be navigated and knowledge of regulations for the prevention of collisions in those waters; (7) has sufficient experience, as decided by the Secretary, to evidence ability to handle any vessel of the type and size which the applicant may be authorized to pilot; and (8) meets any other requirement the Secretary considers reasonable and necessary. **(f)** The Secretary may issue certificates of registry in the following classes to applicants found qualified as to character, knowledge, skill, and experience: (1) pursers. (2) medical doctors. (3) professional nurses. **(g)** The Secretary may not issue a license or certificate of registry under this section unless an individual applying for the license or certificate makes available to the Secretary, under section 206(b)(7) of the National Driver Register Act of 1982 ([23 U.S.C. 401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section401&num=0&edition=prelim) note), any information contained in the National Driver Register related to an offense described in section 205(a)(3)(A) or (B) of that Act committed by the individual. **(h)** The Secretary may review the criminal record of an individual who applies for a license or certificate of registry under this section. **(i)** The Secretary shall require the testing of an individual who applies for issuance or renewal of a license or certificate of registry under this chapter for use of a dangerous drug in violation of law or Federal regulation. **(j)** The Secretary may issue a license under this section in a class under subsection (c) to an applicant that— (1) has at least 3 months of qualifying service on vessels of the uniformed services (as that term is defined in [section 101(a) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section101/a&num=0&edition=prelim)) of appropriate tonnage or horsepower within the 7-year period immediately preceding the date of application; and (2) satisfies all other requirements for such a license.

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Federal law — U.S. Code and appendices · legal_authorities

23 U.S.C. § 401 — Authority of the Secretary

The Secretary is authorized and directed to assist and cooperate with other Federal departments and agencies, State and local governments, private industry, and other interested parties, to increase highway safety. For the purposes of this chapter, the term “State” means any one of the fifty States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 14302 — Measurement

**(a)** The Secretary shall measure a vessel to which this chapter applies in the way provided by this chapter and the Convention. **(b)** A vessel measured under this chapter may not be required to be measured under another law. **(c)** Unless otherwise provided by law, the measurement of a vessel under this chapter applies to a law of the United States whose applicability depends on a vessel’s tonnage, if that law— (1) becomes effective after July 18, 1994; or (2) is in effect before July 19, 1994, is not enumerated in [section 14305 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14305&num=0&edition=prelim), and is identified by the Secretary by regulation as a law to which this chapter applies.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2701 — Definitions

For the purposes of this Act, the term— (1) “act of God” means an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character the effects of which could not have been prevented or avoided by the exercise of due care or foresight; (2) “barrel” means 42 United States gallons at 60 degrees fahrenheit; (3) “claim” means a request, made in writing for a sum certain, for compensation for damages or removal costs resulting from an incident; (4) “claimant” means any person or government who presents a claim for compensation under this subchapter; (5) “damages” means damages specified in [section 2702(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2702/b&num=0&edition=prelim), and includes the cost of assessing these damages; (6) “deepwater port” is a facility licensed under the Deepwater Port Act of 1974 ([33 U.S.C. 1501–152](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1501–152&num=0&edition=prelim)4); (7) “discharge” means any emission (other than natural seepage), intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying, or dumping; (8) “exclusive economic zone” means the zone established by Presidential Proclamation Numbered 5030, dated March 10, 1983, including the ocean waters of the areas referred to as “eastern special areas” in Article 3(1) of the Agreement between the United States of America and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990; (9) “facility” means any structure, group of structures, equipment, or device (other than a vessel) which is used for one or more of the following purposes: exploring for, drill

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 14502 — Measurement

The Secretary shall measure a vessel to which this chapter applies in the way provided by this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 14104 — Measurement to determine application of a law

**(a)** When the application of a law of the United States to a vessel depends on the vessel’s tonnage, the vessel shall be measured under this part. **(b)** If a statute allows for an alternate tonnage to be prescribed under this section, the Secretary may prescribe it by regulation. Any such regulation shall be considered to be an interpretive regulation for purposes of [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim). Until an alternate tonnage is prescribed, the statutorily established tonnage shall apply to vessels measured under chapter 143 or chapter 145 of this title. **(c)** The head of each Federal agency shall ensure that regulations issued by the agency that specify particular tonnages comply with the alternate tonnages implemented by the Secretary.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 11108 — Taxes

**(a) Withholding.—** Wages due or accruing to a master or seaman on a vessel in the foreign, coastwise, intercoastal, interstate, or noncontiguous trade or an individual employed on a fishing vessel or any fish processing vessel may not be withheld under the tax laws of a State or a political subdivision of a State. However, this section does not prohibit withholding wages of a seaman on a vessel in the coastwise trade between ports in the same State if the withholding is under a voluntary agreement between the seaman and the employer of the seaman. **(b) Liability.—** (1) **Limitation on jurisdiction to tax.—** — An individual to whom this subsection applies is not subject to the income tax laws of a State or political subdivision of a State, other than the State and political subdivision in which the individual resides, with respect to compensation for the performance of duties described in paragraph (2). (2) **Application.—** — This subsection applies to an individual— (A) engaged on a vessel to perform assigned duties in more than one State as a pilot licensed under [section 7101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section7101&num=0&edition=prelim) or licensed or authorized under the laws of a State; or (B) who performs regularly assigned duties while engaged as a master, officer, or crewman on a vessel operating on navigable waters in 2 or more States.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 51506 — Conditions to receiving payments and use of vessels

**(a) General Conditions.—** As conditions of receiving an annual payment or the use of a vessel under this chapter, a State maritime academy shall— (1) provide courses of instruction on navigation, marine engineering (including steam and diesel propulsion), the operation and maintenance of new vessels and equipment, and innovations being introduced to the merchant marine of the United States; (2) agree in writing to conform to the standards for courses, training facilities, admissions, and instruction that the Secretary of Transportation may establish after consultation with the superintendents of State maritime academies, which shall include standards for a program described in subsection (c); (3) agree in writing to require, as a condition for graduation, that each individual who is a citizen of the United States and who is attending the academy in a merchant marine officer preparation program pass the examination required for the issuance of a license under [section 7101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section7101&num=0&edition=prelim); and (4) agree that any individual enrolled at such State maritime academy in a merchant marine officer preparation program— (A) shall, not later than 9 months after such individual’s date of enrollment, pass an examination in form and substance satisfactory to the Secretary that demonstrates that such individual meets the medical and physical requirements— (i) required for the issuance of an original license under section 7101; or (ii) set by the Coast Guard for issuing merchant mariners’ documentation under section 7302, with no limit to the individual’s operational authority; (B) following passage of the examination under subparagraph (A), shall continue to mee

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 8302 — Staff department

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section7101&num=0&edition=prelim), 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 individuals 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

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46 U.S.C. § 8304 — Implementing the Officers’ Competency Certificates Convention, 1936

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14502&num=0&edition=prelim), or an alternate tonnage measured under [section 14302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14302&num=0&edition=prelim) as prescribed by the Secretary under [section 14104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14104&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section7101&num=0&edition=prelim) 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

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46 U.S.C. § 8502 — Federal pilots required

**(a)** Except as provided in subsections (g) and (i) of this section, a coastwise seagoing vessel shall be under the direction and control of a pilot licensed under [section 7101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section7101&num=0&edition=prelim) if the vessel is— (1) not sailing on register; (2) underway; (3) not beyond 3 nautical miles from the baselines from which the territorial sea of the United States is measured; and (4) (A) propelled by machinery and subject to inspection under part B of this subtitle; or (B) subject to inspection under chapter 37 of this title. **(b)** The fees charged for pilotage by pilots required under this section may not be more than the customary or legally established rates in the States in which the pilotage is performed. **(c)** A State or political subdivision of a State may not impose on a pilot licensed under this subtitle an obligation to procure a State or other license, or adopt any other regulation that will impede the pilot in the performance of the pilot’s duties under the laws of the United States. **(d)** A State or political subdivision of a State may not levy pilot charges on a vessel lawfully piloted by a pilot required under this section. **(e)** The owner, charterer, managing operator, agent, master, or individual in charge of a vessel operated in violation of this section or a regulation prescribed under this section is liable to the United States Government for a civil penalty of $10,000. The vessel also is liable in rem for the penalty. **(f)** An individual serving as a pilot without having a license required by this section or a regulation prescribed under this section is liable to the Government for a civil penalty of $10,000. **(g)** (1) The Sec

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