46 U.S.C. § 9301 — Definitions

Page 170 TITLE 46—SHIPPING § 9102 § 9102. Standards for tank vessels of the United States The Secretary shall prescribe standards for the manning of each vessel of the United States to which chapter 37 of this title applies, related to the duties, qualifications, and training of the officers and crew of the vessel, including stand- ards related to— (1) instruction in vessel and cargo handling and vessel navigation under normal operating conditions in coastal and confined waters and on the high seas; (2) instruction in vessel and cargo handling and vessel navigation in emergency situations and under marine casualty or potential cas- ualty conditions; (3) qualifications for licenses by specific type and size of vessels; (4) qualifications for licenses by use of sim- ulators for the practice or demonstration of marine-oriented skills; (5) minimum health and physical fitness cri- teria for various grades of licenses and certifi- cates; (6) periodic retraining and special training for upgrading positions, changing vessel type or size, or assuming new responsibilities; (7) decisions about licenses and certificates, conditions of licensing or certification, and pe- riods of licensing or certification by reference to experience, amount of training completed, and regular performance testing; and (8) instruction in vessel maintenance func- tions. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 556; Pub. L. 101–380, title IV, § 4114(d), Aug. 18, 1990, 104 Stat. 517; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8503(b), Jan. 1, 2021, 134 Stat. 4747.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 9102 .............................................. 46:391a(9) Section 9102 prescribes manning standards for United States tank vessels. Subsection (a) requires the Secretary of Transpor- tation to prescribe certain standards for the duties, qualifications, and training of the officers and crew of United States tank vessels. Subsection (b) provides for a waiver of any health and physical fitness criteria prescribed under subsection (a). Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 struck out subsec. (a) designa- tion before ‘‘The Secretary shall’’ and struck out sub- sec. (b) which read as follows: ‘‘The Secretary shall waive the application of criteria required by subsection (a)(5) of this section for an individual having a license or certificate (including a renewal of the license or cer- tificate) in effect on October 17, 1978. When the waiver is granted, the Secretary may prescribe conditions for the license or certificate and its renewal, as the Sec- retary decides are reasonable and necessary for the safety of a vessel on which the individual may be em- ployed.’’ 1990—Par. (8). Pub. L. 101–380 added par. (8). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101–380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters. CHAPTER 93—GREAT LAKES PILOTAGE Sec. 9301. Definitions. 9302. Great Lakes pilots required. 9303. United States registered pilot service. 9304. Pilotage pools. 9305. Agreements with Canada. 9306. State regulation prohibited. 9307. Great Lakes Pilotage Advisory Committee. 9308. Penalties. HISTORICAL AND REVISION NOTES Chapter 93 contains the pilotage requirements for United States vessels sailing under register and foreign flag vessels operating on the Great Lakes, qualifica- tions for a registered pilot for the Great Lakes, author- ity for agreements with Canada, prohibition of State regulation, establishment of an advisory committee, and imposition of civil penalties. § 9301. Definitions In this chapter— (1) ‘‘Canadian registered pilot’’ means an in- dividual (except a regular crewmember of a vessel) who is registered by Canada on the same basis as an individual registered under section 9303 of this title. (2) ‘‘Great Lakes’’ means Lakes Superior, Michigan, Huron, Erie, and Ontario, their con- necting and tributary waters, the Saint Law- rence River as far east as Saint Regis, and ad- jacent port areas. (3) ‘‘United States registered pilot’’ means an individual (except a regular crewmember of a vessel) who is registered under section 9303 of this title. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 557.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 9301(1) .......................................... 46:216(d) 9301(2) .......................................... 46:216(a) 9301(3) .......................................... 46:216(c) Section 9301 contains definitions which pertain to this chapter only. Clause (1) defines ‘‘Canadian registered pilot’’ as an individual registered as a pilot in Canada on the same basis as the United States. Clause (2) defines ‘‘Great Lakes’’ as the five lakes plus their connecting and tributary waters, a certain part of the Saint Lawrence River, and adjacent ports. Clause (3) defines ‘‘United States registered pilot’’ as an individual registered under regulations for com- petency under section 9303. § 9302. Great Lakes pilots required (a)(1) Except as provided in subsections (d), (e), and (f) of this section, each vessel of the United States operating on register and each foreign vessel shall engage a United States or Canadian registered pilot for the route being navigated who shall— (A) in waters of the Great Lakes designated by the President, direct the navigation of the vessel subject to the customary authority of the master; and (B) in waters of the Great Lakes not des- ignated by the President, be on board and available to direct the navigation of the vessel