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46 U.S.C. § 8903 — Self-propelled, uninspected passenger vessels

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

46 U.S.C. § 8903 — Self-propelled, uninspected passenger vessels

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.

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Source file: Laws/federal/codes/united-states-code/title-46/section-8903-self-propelled-uninspected-passenger-vessels--16545a2b72.md
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Source location: Title 46, Chapter 89, § 8903; chapter-089-small-vessel-manning.md

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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.

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

46 U.S.C. § 4302 — Regulations

**(a)** The Secretary may prescribe regulations— (1) establishing minimum safety standards for recreational vessels and associated equipment, and establishing procedures and tests required to measure conformance with those standards, with each standard— (A) meeting the need for recreational vessel safety; and (B) being stated, insofar as practicable, in terms of performance; (2) requiring the installation, carrying, or use of associated equipment (including fuel systems, ventilation systems, electrical systems, sound-producing devices, firefighting equipment, lifesaving devices, signaling devices, ground tackle, life- and grab-rails, and navigational equipment) on recreational vessels and classes of recreational vessels subject to this chapter, and prohibiting the installation, carrying, or use of associated equipment that does not conform with safety standards established under this section; and (3) requiring or permitting the display of seals, labels, plates, insignia, or other devices for certifying or evidencing compliance with safety regulations and standards of the United States Government for recreational vessels and associated equipment. **(b)** Each regulation prescribed under this section shall specify an effective date that is not earlier than 180 days from the date the regulation was published, unless the Secretary finds that there exists a recreational vessel safety hazard so critical as to require an earlier effective date. However, this period may not be more than 24 months for cases involving, in the discretion of the Secretary, major product design, retooling, or major changes in the manufacturing process. **(c)** In prescribing regulations under this section, the Secretary shall, among other things— (1) consider the need for and the extent

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

46 U.S.C. § 8905 — Exemptions

**(a)** [Section 8903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section8903&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section4302/d&num=0&edition=prelim). **(b)** [Section 8904 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section8904&num=0&edition=prelim) does not apply to an oil spill response vessel while engaged in oil spill response or training activities. **(c)** After consultation with the Governor of Alaska and the State boating law administrator of Alaska, the Secretary may exempt an individual operating a self-propelled uninspected passenger vessel from the requirements of [section 8903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section8903&num=0&edition=prelim), if— (1) the individual only operates such vessel wholly within waters located in Alaska; and (2) such vessel is— (A) 26 feet or less in length; and (B) carrying not more than 6 passengers.

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

46 U.S.C. § 8903 — Self-propelled, uninspected passenger ves-

Page 167 TITLE 46—SHIPPING § 8903 ring oil or hazardous material to or from a vessel and is responsible for carrying out these duties and respon- sibilities. Subsection (b) authorizes the Secretary to regulate tankermen and restrict the types of oil or hazardous materials on the basis of safety to the vessel and the marine environment. Subsection (c) requires a tankerman or licensed mas- ter, pilot, engineer, or operator to be present and in charge of a transfer of oil or hazardous material on cer- tain vessels in the service of oil exploitation. If this in- dividual is not on board, then the tank vessel require- ments of chapter 37 apply to the vessel. Editorial Notes AMENDMENTS 2018—Subsecs. (b), (c). Pub. L. 115–232 redesignated subsec. (c) as (b). 1984—Subsec. (b). Pub. L. 98–557 struck out subsec. (b) which contained duplicate tankerman manning re- quirements. See section 7317(a) of this title. § 8704. Alien deemed to be employed in the United States An alien is deemed to be employed in the United States for purposes of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) if the alien is an unlicensed individual employed on a fishing, fish processing, or fish tender vessel that— (1) is a vessel of the United States engaged in the fisheries in the navigable waters of the United States or the exclusive economic zone; and (2) is not engaged in fishing exclusively for highly migratory species (as that term is de- fined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802). (Added Pub. L. 100–239, § 5(f)(1), Jan. 11, 1988, 101 Stat. 1781; amended Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41.) Editorial Notes AMENDMENTS 1996

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