46 U.S.C. § 7312 — Scale of employment

Page 137 TITLE 46—SHIPPING § 7312 § 7311. Able seamen—sail For service on a sailing school vessel on any waters, an individual may be rated as able sea- man—sail if the individual has at least 6 months’ service on deck on sailing school ves- sels, oceanographic research vessels powered pri- marily by sail, or equivalent sailing vessels op- erating on the oceans or navigable waters of the United States (including the Great Lakes). (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 543.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 7311 .............................................. 46:672(b)(4) Section 7311 establishes the minimum service re- quirements for an individual to qualify as able sea- men—sail on board sailing vessels. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 98–89, set out as a note under section 3101 of this title. § 7311a. Able seamen—fishing industry For service on a fish processing vessel, an indi- vidual may be rated as able seaman—fishing in- dustry if the individual has at least 6 months’ service on deck on board vessels operating on the oceans or the navigable waters of the United States (including the Great Lakes). (Added Pub. L. 98–364, title IV, § 402(9)(D), July 17, 1984, 98 Stat. 448.) § 7312. Scale of employment (a) Individuals qualified as able seamen—un- limited under section 7307 of this title may con- stitute all of the able seamen required on a ves- sel. (b) Individuals qualified as able seamen—lim- ited under section 7308 of this title may con- stitute all of the able seamen required on a ves- sel of less than 1,600 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 sec- tion 14104 of this title or on a vessel operating on the Great Lakes and the Saint Lawrence River as far east as Sept Iles. Individuals quali- fied as able seamen—limited may constitute not more than 50 percent of the number of able sea- men required on board other vessels. (c) Individuals qualified as able seamen—spe- cial under section 7309 of this title may con- stitute— (1) all of the able seamen required on a ves- sel of not more than 500 gross tons as meas- ured under section 14502 of this title, or an al- ternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title or on a sea- going barge or towing vessel; and (2) not more than 50 percent of the number of able seamen required on board other ves- sels. (d) Individuals qualified as able seamen—off- shore. supply vessel under section 7310 of this title may constitute all of the able seamen re- quired on board a vessel of less than 500 gross tons as measured under section 14502 of this title or 6,000 gross tons as measured under section 14302 of this title engaged in support of explo- ration, exploitation, or production of offshore mineral or energy resources. Individuals quali- fied as able seamen—limited under section 7308 of this title may constitute all of the able sea- men required on board a vessel of at least 500 gross tons as measured under section 14502 of this title or 6,000 gross tons as measured under section as measured under section 14302 of this title as prescribed by the Secretary under sec- tion 14104 of this title engaged in support of ex- ploration, exploitation, or production of offshore mineral or energy resources. (e) When the service of able seamen—limited or able seamen—special is authorized for only a part of the required number of able seamen on board a vessel, the combined percentage of those individuals so qualified may not be greater than 50 percent of the required number. (f) Individuals qualified as able seamen—fish- ing industry under section 7311a of this title may constitute— (1) all of the able seamen required on a fish processing vessel entered into service before January 1, 1988, and of more than 1,600 gross tons but not more than 5,000 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 Sec- retary under section 14104 of this title; and (2) all of the able seamen required on a fish processing vessel entered into service after De- cember 31, 1987, and having more than 16 indi- viduals on board primarily employed in the preparation of fish or fish products but of not more than 5,000 gross tons as measured under section 14502 of this title, or an alternate ton- nage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 543; Pub. L. 98–364, title IV, § 402(9)(E), July 17, 1984, 98 Stat. 448; Pub. L. 99–307, § 1(11), May 19, 1986, 100 Stat. 445; Pub. L. 104–324, title VII, § 723, Oct. 19, 1996, 110 Stat. 3938; Pub. L. 111–281, title VI, § 617(b), Oct. 15, 2010, 124 Stat. 2973.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 7312 .............................................. 46:672(f) Section 7312(a) provides that able seamen—unlimited may constitute all of the able seamen required on a vessel. Subsection (b) provides that able seamen—limited may constitute 100 percent of the able seamen required on board vessels of less than 600 gross tons operating on the Great Lakes and 50 percent of the number of able seamen required on the larger vessels. Subsection (c) provides that able seamen—special may constitute 100 percent of the able seamen required on vessels not more than 500 gross tons, or a seagoing barge or towing vessel. Able seamen—special may only constitute up to 50 percent of the number of able sea- men required on other vessels. Subsection (d) provides that able seamen—offshore supply vessels may constitute 100 percent of the num- ber of able seamen required on vessels of less than 500 Page 138 TITLE 46—SHIPPING § 7313 gross tons engaged in support of exploration, exploi- tation, or production of offshore mineral or energy fa- cilities. They may not serve on board other vessels as an able seaman until they have the appropriate re- quired document. Subsection (e) provides that the total number of able seamen—limited or able seamen—special may not be greater than 50 percent of the required number of able seamen on a vessel. Editorial Notes AMENDMENTS 2010—Subsec. (d). Pub. L. 111–281 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as fol- lows: ‘‘Individuals qualified as able seamen—offshore supply vessels under section 7310 of this title may con- stitute all of the able seamen required on board a vessel of less than 500 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 engaged in support of exploration, exploitation, or production of offshore mineral or energy resources.’’ 1996—Subsec. (b). Pub. L. 104–324, § 723(1), 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 ‘‘1,600 gross tons’’. Subsec. (c)(1). Pub. L. 104–324, § 723(2), 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 ‘‘500 gross tons’’. Subsec. (d). Pub. L. 104–324, § 723(3), 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 ‘‘500 gross tons’’. Subsec. (f)(1). Pub. L. 104–324, § 723(4), 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 ‘‘5,000 gross tons’’. Subsec. (f)(2). Pub. L. 104–324, § 723(5), 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 ‘‘5,000 gross tons’’. 1986—Subsec. (e). Pub. L. 99–307 substituted ‘‘able sea- men—limited’’ for ‘‘able seaman—limited’’. 1984—Subsec. (f). Pub. L. 98–364 added subsec. (f). § 7313. General requirements for members of en- gine departments (a) Classes of endorsement as qualified mem- bers of the engine department on vessels of at least 100 gross tons as measured under section 14502 of this title, or an alternate tonnage meas- ured under section 14302 of this title as pre- scribed by the Secretary under section 14104 of this title (except vessels operating on rivers or lakes (except the Great Lakes)) may be pre- scribed by regulation. (b) The ratings of wiper and coal passer are entry ratings and are not ratings as qualified members of the engine department. (c) An applicant for an endorsement as quali- fied member of the engine department must pro- vide satisfactory proof that the applicant— (1) has the service required by section 7314 of this title; (2) is qualified professionally as dem- onstrated by an applicable examination; and (3) is qualified as to sight, hearing, and phys- ical condition to perform the member’s duties. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 544; Pub. L. 104–324, title VII, § 724, Oct. 19, 1996, 110 Stat. 3939.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 7313 .............................................. 46:672(g) Section 7313(a) authorizes the Secretary to establish classes of endorsement for qualified members of the en- gine department on vessels of 100 gross tons or more (except on vessels operating on rivers and lakes (except the Great Lakes)). Subsection (b) establishes the entry ratings of wiper and coal passer, but specifically excludes them as qualified members of the engine department. Subsection (c) establishes the minimum qualifica- tions individuals must meet in order to have their doc- uments endorsed as a qualified member of engine de- partment. Editorial Notes AMENDMENTS 1996—Subsec. (a). 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 ‘‘100 gross tons’’. § 7314. Service requirements for qualified mem- bers of engine departments To qualify for an endorsement as qualified member of the engine department, an applicant must provide proof that the applicant has 6 months’ service in the related entry rating as described in section 7313(b) of this title. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 544.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 7314 .............................................. 46:672(g) Section 7314 requires individuals who wish to have their documents endorsed as a qualified member of the engine department must have at least 6 months service as a wiper or coal passer. § 7315. Training (a) Graduation from a nautical school vessel approved under law and regulation may be sub- stituted for the service requirements under sec- tion 7307 or 7314 of this title. (b) The satisfactory completion of other courses of instruction approved by the Secretary may be substituted for not more than one-third of the required service on deck at sea under sec- tions 7307–7311 of this title. (c) The satisfactory completion of other courses of instruction approved by the Secretary may be substituted for not more than one-half of the required service at sea under section 7314 of this title. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 544.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 7315 .............................................. 46:672(c) Section 7315 specifies the training or course work that may be substituted for service requirements for an