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46 U.S.C. § 8905 — Exemptions
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source file: Laws/federal/codes/united-states-code/title-46/section-8905-exemptions--6fb864c672.md
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Source location: Title 46, Chapter 89, § 8905; chapter-089-small-vessel-manning.md
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**(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
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 14302
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary shall measure a vessel to which this chapter applies in the way provided by this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 14502
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Federal law — U.S. Code and appendices · legal_authorities
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: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 8903
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
**(c)** The Secretary may prescribe by regulation requirements for maximum hours of service (including recording and recordkeeping of that service) of individuals engaged on a towing vessel that is at least 26 feet in length measured from end to end over the deck (excluding the sheer).
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 8904
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 14104
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Federal law — U.S. Code and appendices · legal_authorities
Page 168
TITLE 46—SHIPPING
§ 8904
the Secretary to operate that type of vessel,
under prescribed regulations.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 555; Pub. L.
99–307, § 1(14)(B), (C), May 19, 1986, 100 Stat. 446.)
HISTORICAL AND REVISION NOTES
Revised section
Source section (U.S. Code)
8903 ..............................................
46:1461(e), (f)
Section 8903 requires that an uninspected passenger
vessel be operated by a licensed individual for that type
of vessel.
Editorial Notes
AMENDMENTS
1986—Pub.
L.
99–307
substituted
‘‘Self-propelled,
uninspected’’ for ‘‘Uninspected’’ in section catchline
and ‘‘A self-propelled,’’ for ‘‘An’’ in text.
§ 8904. Towing vessels
(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 indi-
vidual 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.
(c) The Secretary may prescribe by regulation
requirements for maximum hours of service (in-
cluding recording and recordkeeping of that
service) of individuals engaged on a towing ves-
sel that is at least 26 feet in length measured
from end to end over the deck (excluding the
sheer).
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 555; Pub. L.
99–640, § 12(a), Nov. 10, 1986, 100 Stat. 3550; Pub. L.
108–293, title IV, § 409(a), Aug. 9, 2004, 118 Stat.
1044.)
HISTORICAL AND REVISION NOTES
Revised section
Source section (U.S. Code)
8904 ..............................................
46:405(b)(
Source: Supplied 2024 U.S. Code historical extraction · 46 U.S.C. § 8905
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