46 U.S.C. § 9303 — United States registered pilot service

Page 172 TITLE 46—SHIPPING § 9303 from Sandusky Pierhead Light at Cedar Point to Southeast Shoal Light; all waters contained within the arc of a circle of one mile radius eastward of Sandusky Pierhead Light; the Detroit River; Lake St. Clair; the St. Clair River, and northern approaches thereto south of latitude 43°05′30′′ N. (3) District 3. All United States waters of the St. Marys River, Sault Sainte Marie Locks and approaches thereto between latitude 45°59′ N. at the southern ap- proach and longitude 84°33′ W. at the northern ap- proach. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of Amer- ica to be affixed. DONE at the City of Washington this twenty-second day of December in the year of our Lord nine- teen hundred and sixty, and of the Independence of the United States of America the one hun- dred and eighty-fifth. [SEAL] DWIGHT D. EISENHOWER. § 9303. United States registered pilot service (a) The Secretary shall prescribe by regulation standards of competency to be met by each ap- plicant for registration under this chapter. An applicant must— (1) have a license as master, mate, or pilot issued under section 7101 of this title; (2) have acquired at least 24 months licensed service or equivalent experience on vessels or integrated towing vessels and tows of at least 4,000 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, operating on the Great Lakes or oceans, with a minimum of 6 months of that service or experience having been on the Great Lakes; and (3) agree that, if appointed as a United States registered pilot, the applicant will be available for service when required. (b) The Secretary shall issue to each reg- istered pilot under this chapter a certificate of registration describing the areas within which the pilot may serve. The pilot shall carry the certificate when in the service of a vessel. (c) The Secretary shall prescribe by regulation the duration of validity of registration. (d) The Secretary may prescribe by regulation the conditions for service by United States reg- istered pilots, including availability for service. (e) Subject to sections 551–559 of title 5, the Secretary may suspend or revoke a certificate of registration issued under this section if the holder fails to comply with a regulation pre- scribed under this chapter. Suspension or rev- ocation of the holder’s license under chapter 77 of this title includes the holder’s certificate of registration. (f) The Secretary shall prescribe by regulation rates and charges for pilotage services, giving consideration to the public interest and the costs of providing the services. The Secretary shall establish new pilotage rates by March 1 of each year. The Secretary shall establish base pi- lotage rates by a full ratemaking at least once every 5 years and shall conduct annual reviews of such base pilotage rates, and make adjust- ments to such base rates, in each intervening year. (g) The Secretary shall ensure that a suffi- cient number of individuals are assigned to car- rying out subsection (f). (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 558; Pub. L. 104–324, title VII, § 735, Oct. 19, 1996, 110 Stat. 3941; Pub. L. 109–241, title III, § 302, July 11, 2006, 120 Stat. 527.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 9303(a) ......................................... 46:216b(a) 9303(b) ......................................... 46:216b(b) 9303(c) ......................................... 46:216b(c) 9303(e) ......................................... 46:216b(c) 9303(f) .......................................... 46:216c Section 9303 authorizes the Secretary to prescribe regulatory standards of competency for registered pi- lots. Subsection (a) requires an applicant for registration as a pilot to have a master’s, mate’s, or pilot’s license, 24 months of licensed service, or equivalent, on vessels on the oceans or Great Lakes, with a minimum of 6 months on the Great Lakes, and agree to be available for service as a United States registered pilot if ap- pointed. Subsection (b) requires the Secretary to issue a cer- tificate of registration describing the areas of service of a registered pilot who must carry the certificate when in a vessel’s service. Subsection (c) authorizes the Secretary to prescribe the duration of the validity of registration, while sub- section (d) authorizes the Secretary to prescribe condi- tions for service by United States registered pilots. Subsection (e) provides for the suspension or revoca- tion of a certificate or registration by the Secretary. Subsection (f) provides for setting the rates and charges for pilotage services. Editorial Notes AMENDMENTS 2006—Subsec. (f). Pub. L. 109–241, § 302(1), inserted at end ‘‘The Secretary shall establish new pilotage rates by March 1 of each year. The Secretary shall establish base pilotage rates by a full ratemaking at least once every 5 years and shall conduct annual reviews of such base pilotage rates, and make adjustments to such base rates, in each intervening year.’’ Subsec. (g). Pub. L. 109–241, § 302(2), added subsec. (g). 1996—Subsec. (a)(2). Pub. L. 104–324 inserted ‘‘as meas- ured 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 ‘‘4,000 gross tons’’. § 9304. Pilotage pools (a) The Secretary may authorize the forma- tion of a pool by a voluntary association of United States registered pilots to provide for ef- ficient dispatching of vessels and rendering of pilotage services. (b) For pilotage pools, the Secretary may— (1) limit the number of the pools; (2) prescribe regulations for their operation and administration; (3) prescribe a uniform system of accounts; (4) perform audits and inspections; and (5) require coordination on a reciprocal basis with similar pool arrangements authorized by the appropriate agency of Canada. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 559.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 9304 .............................................. 46:216b(e)