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—Par. (2). Pub. L. 104–208 substituted ‘‘Magnuson- Stevens Fishery’’ for ‘‘Magnuson Fishery’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that the amendment made by that section is effective 15 days after Oct. 11, 1996. CONSTRUCTION Pub. L. 100–239, § 5(f)(3), Jan. 11, 1988, 101 Stat. 1781, provided that: ‘‘With respect to an alien who is deemed to be employed in the United States under section 8704 of title 46, United States Code (as amended by this sub- section), the term ‘date of the enactment of this sec- tion’ [translated as ‘‘November 6, 1986’’] as used in sec- tion 274A(i) of the Immigration and Nationality Act [former 8 U.S.C. 1324a(i)] means the date 180 days after the enactment of this section [Jan. 11, 1988].’’ CHAPTER 89—SMALL VESSEL MANNING Sec. 8901. Freight vessels. 8902. Small passenger vessels. Sec. 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 ves- sels, small passenger vessels, uninspected passenger vessels, and towing vessels. It permits a licensed oper- ator to be in charge of a vessel in lieu of a licensed master or pilot. It also sets forth exemption and civil penalties. Editorial Notes AMENDMENTS 1986—Pub. L. 99–307, § 1(14)(A), May 19, 1986, 100 Stat. 446, substituted ‘‘Self-propelled, uninspected’’ for ‘‘Uninspected’’ in item 8903. § 8901. Freight vessels 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. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 555; Pub. L. 104–324, title VII, § 733, Oct. 19, 1996, 110 Stat. 3941.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 8901 .............................................. 46:390b 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. Editorial Notes AMENDMENTS 1996—Pub. L. 104–324 inserted ‘‘as measured under sec- tion 14502 of this title, or an alternate tonnage meas- ured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title’’ after ‘‘100 gross tons’’. § 8902. Small passenger vessels A small passenger vessel shall be operated by an individual licensed by the Secretary to oper- ate that type of vessel in the particular geo- graphic area, under prescribed regulations. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 555.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 8902 .............................................. 46:390b Section 8902 requires that a small passenger vessel of less than 100 gross tons be operated by a licensed indi- vidual for that type vessel and for a particular geo- graphic area. § 8903. Self-propelled, uninspected passenger ves- sels A self-propelled, uninspected passenger vessel shall be operated by an individual licensed by 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)(2) 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. Editorial Notes AMENDMENTS 2004—Subsec. (c). Pub. L. 108–293 added subsec. (c). 1986—Pub. L. 99–640 designated existing provisions as subsec. (a) and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–640, § 12(b), Nov. 10, 1986, 100 Stat. 3551, pro- vided that: ‘‘The amendments made by subsection (a) of this section [amending this section] shall take effect on January 1, 1988.’’ DEMONSTRATION PROJECT Pub. L. 108–293, title IV, § 409(b), Aug. 9, 2004, 118 Stat. 1045, provided that: ‘‘Prior to prescribing regulations under this section [amending this section] the Sec- retary shall conduct and report to the Congress on the results of a demonstration project involving the imple- mentation of Crew Endurance Management Systems on towing vessels. The report shall include a description of the public and private sector resources needed to en- able implementation of Crew Endurance Management Systems on all United States-flag towing vessels.’’ § 8905. Exemptions (a) Section 8903 of this title applies to a rec- reational vessel operated in dealer demonstra- tions only if the Secretary decides that the ap- plication of section 8903 is necessary for rec- reational vessel safety under section 4302(d) of this title. (b) Section 8904 of this title 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 indi- vidual operating a self-propelled uninspected passenger vessel from the requirements of sec- tion 8903 of this title, 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. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 556; Pub. L. 104–324, title VII, § 734, title XI, § 1104(f), Oct. 19, 1996, 110 Stat. 3941, 3967; Pub. L. 111–281, title VI, § 606, Oct. 15, 2010, 124 Stat. 2967; Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], § 8317, Jan. 1, 2021, 134 Stat. 4700.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 8905(a) ......................................... 46:1461(f) 8905(b) ......................................... 46:405(b)(3) Section 8905 provides for certain exemptions from the requirements of this chapter. Subsection (a) exempts dealer demonstration rec- reational vessels from the licensed operator require- ment 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 re- quirement under section 8904 when used in the offshore mineral and oil industry. Editorial Notes AMENDMENTS 2021—Subsec. (c). Pub. L. 116–283 added subsec. (c). 2010—Subsecs. (b), (c). Pub. L. 111–281 redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: ‘‘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 alter- nate 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 indus- try if the vessel has offshore mineral and oil industry sites or equipment as its ultimate destination or place of departure.’’ 1996—Subsec. (b). Pub. L. 104–324, § 734, inserted ‘‘as measured under section 14502 of this title, or an alter- nate 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, § 1104(f), added subsec. (c).