46 U.S.C. § 15109 — Administration

Page 250 TITLE 46—SHIPPING § 15107 (Added Pub. L. 115–282, title VI, § 601(a), Dec. 4, 2018, 132 Stat. 4284; amended Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], § 8331(a), Jan. 1, 2021, 134 Stat. 4702.) Editorial Notes AMENDMENTS 2021—Subsec. (c)(3)(C). Pub. L. 116–283, § 8331(a)(1), substituted ‘‘operations’’ for ‘‘mineral and oil oper- ations, including geophysical services’’. Subsec. (c)(3)(D). Pub. L. 116–283, § 8331(a)(2), struck out ‘‘exploration and recovery’’ before ‘‘facilities.’’ Subsec. (c)(3)(E). Pub. L. 116–283, § 8331(a)(3), sub- stituted ‘‘providing diving services to the offshore in- dustry’’ for ‘‘engaged in diving services related to off- shore construction, inspection, and maintenance’’. Subsec. (c)(3)(F). Pub. L. 116–283, § 8331(a)(4), sub- stituted ‘‘providing safety and training services to the offshore industry’’ for ‘‘engaged in safety and training services related to offshore exploration and construc- tion’’. Subsec. (c)(3)(G). Pub. L. 116–283, § 8331(a)(5), sub- stituted ‘‘providing subsea engineering, construction, or remotely operated vehicle support to the offshore in- dustry’’ for ‘‘engaged in pipelaying services related to offshore construction’’. Subsec. (c)(3)(H). Pub. L. 116–283, § 8331(a)(6), struck out ‘‘mineral and energy’’ before ‘‘industry.’’ Subsec. (c)(3)(I). Pub. L. 116–283, § 8331(a)(7), inserted ‘‘and entities providing environmental protection, com- pliance, or response services to the offshore industry’’ after ‘‘national environmental entities’’. Subsec. (c)(3)(J). Pub. L. 116–283, § 8331(a)(8), sub- stituted ‘‘entities engaged in offshore oil exploration and production on the Outer Continental Shelf adjacent to Alaska’’ for ‘‘deepwater ports’’. § 15107. National Navigation Safety Advisory Committee (a) ESTABLISHMENT.—There is established a National Navigation Safety Advisory Com- mittee (in this section referred to as the ‘‘Com- mittee’’). (b) FUNCTION.—The Committee shall advise the Secretary on matters relating to maritime colli- sions, rammings, and groundings, Inland Rules of the Road, International Rules of the Road, navigation regulations and equipment, routing measures, marine information, and aids to navi- gation systems. (c) MEMBERSHIP.— (1) IN GENERAL.—The Committee shall con- sist of not more than 21 members appointed by the Secretary in accordance with this section and section 15109 of this chapter. (2) EXPERTISE.—Each member of the Com- mittee shall have particular expertise, knowl- edge, and experience in matters relating to the function of the Committee. (3) REPRESENTATION.—Each member of the Committee shall represent 1 of the following: (A) Commercial vessel owners or opera- tors. (B) Professional mariners. (C) Recreational boaters. (D) The recreational boating industry. (E) State agencies responsible for vessel or port safety. (F) The Maritime Law Association. (4) DISTRIBUTION.—The Secretary shall, based on the needs of the Coast Guard, deter- mine the number of members of the Com- mittee who represent each entity specified in paragraph (3). Neither this paragraph nor any other provision of law shall be construed to re- quire an equal distribution of members rep- resenting each entity specified in paragraph (3). (Added Pub. L. 115–282, title VI, § 601(a), Dec. 4, 2018, 132 Stat. 4285.) § 15108. National Towing Safety Advisory Com- mittee (a) ESTABLISHMENT.—There is established a National Towing Safety Advisory Committee (in this section referred to as the ‘‘Committee’’). (b) FUNCTION.—The Committee shall advise the Secretary on matters relating to shallow-draft inland navigation, coastal waterway navigation, and towing safety. (c) MEMBERSHIP.— (1) IN GENERAL.—The Committee shall con- sist of 18 members appointed by the Secretary in accordance with this section and section 15109 of this chapter. (2) EXPERTISE.—Each member of the Com- mittee shall have particular expertise, knowl- edge, and experience in matters relating to the function of the Committee. (3) REPRESENTATION.—Members of the Com- mittee shall be appointed as follows: (A) 7 members shall represent the barge and towing industry, reflecting a regional geographic balance. (B) 1 member shall represent the offshore mineral and oil supply vessel industry. (C) 1 member shall represent masters and pilots of towing vessels who hold active li- censes and have experience on the Western Rivers and the Gulf Intracoastal Waterway. (D) 1 member shall represent masters of towing vessels in offshore service who hold active licenses. (E) 1 member shall represent masters of active ship-docking or harbor towing ves- sels. (F) 1 member shall represent licensed and unlicensed towing vessel engineers with for- mal training and experience. (G) 2 members shall represent port dis- tricts, authorities, or terminal operators. (H) 2 members shall represent shippers and, of the 2, 1 shall be engaged in the ship- ment of oil or hazardous materials by barge. (I) 2 members shall represent the general public. (Added Pub. L. 115–282, title VI, § 601(a), Dec. 4, 2018, 132 Stat. 4285.) § 15109. Administration (a) MEETINGS.— (1) IN GENERAL.—Except as provided in para- graph (2), each committee established under this chapter or to which this chapter applies shall, at least once each year, meet at the call of the Secretary or a majority of the members of the committee. (2) MINIMUM REQUIREMENTS.—The committee established under section 15102 shall— (A) meet in-person, not less frequently than twice each year, at the call of the Sec- Page 251 TITLE 46—SHIPPING § 15109 retary of a majority of the members of the committee; (B) hold additional meetings as necessary; (C) post the minutes of each meeting of the committee on a publicly available website not later than 2 weeks after the date on which a meeting concludes; and (D) provide reasonable public notice of any meeting of the committee, and publish such notice in the Federal Register and on a pub- licly available website. (b) EMPLOYEE STATUS.—A member of a com- mittee established under this chapter or to which this chapter applies shall not be consid- ered an employee of the Federal Government by reason of service on such committee, except for the purposes of the following: (1) Chapter 81 of title 5. (2) Chapter 171 of title 28 and any other Fed- eral law relating to tort liability. (c) COMPENSATION.—Notwithstanding sub- section (b), a member of a committee estab- lished under this chapter or to which this chap- ter applies, when actually engaged in the per- formance of the duties of such committee, may— (1) receive compensation at a rate estab- lished by the Secretary, not to exceed the maximum daily rate payable under section 5376 of title 5; or (2) if not compensated in accordance with paragraph (1)— (A) be reimbursed for actual and reason- able expenses incurred in the performance of such duties; or (B) be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5. (d) ACCEPTANCE OF VOLUNTEER SERVICES.—A member of a committee established under this chapter or to which this chapter applies may serve on such committee on a voluntary basis without pay without regard to section 1342 of title 31 or any other law. (e) STATUS OF MEMBERS.— (1) IN GENERAL.—Except as provided in para- graph (2), with respect to a member of a com- mittee established under this chapter or to which this chapter applies whom the Sec- retary appoints to represent an entity or group— (A) the member is authorized to represent the interests of the applicable entity or group; and (B) requirements under Federal law that would interfere with such representation and that apply to a special Government em- ployee (as defined in section 202(a) of title 18), including requirements relating to em- ployee conduct, political activities, ethics, conflicts of interest, and corruption, do not apply to the member. (2) EXCEPTION.—Notwithstanding subsection (b), a member of a committee established under this chapter or to which this chapter ap- plies shall be treated as a special Government employee for purposes of the committee serv- ice of the member if— (A) the Secretary appointed the member to represent the general public; or (B) the member, without regard to service on the committee, is a special Government employee. (f) SERVICE ON COMMITTEE.— (1) SOLICITATION OF NOMINATIONS.—Before ap- pointing an individual as a member of a com- mittee established under this chapter or to which this chapter applies, the Secretary shall publish, in the Federal Register, a timely no- tice soliciting nominations for membership on such committee. (2) APPOINTMENTS.— (A) IN GENERAL.—After considering nomi- nations received pursuant to a notice pub- lished under paragraph (1), the Secretary may, as necessary, appoint a member to the applicable committee established under this chapter or to which this chapter applies. (B) PROHIBITION.—The Secretary shall not seek, consider, or otherwise use information concerning the political affiliation of a nominee in making an appointment to any committee established under this chapter or to which this chapter applies. (3) SERVICE AT PLEASURE OF THE SEC- RETARY.— (A) IN GENERAL.—Each member of a com- mittee established under this chapter or to which this chapter applies shall serve at the pleasure of the Secretary. (B) EXCEPTION.—Notwithstanding subpara- graph (A), a member of the committee estab- lished under section 15102 may only be re- moved prior to the end of the term of that member for just cause. (4) SECURITY BACKGROUND EXAMINATIONS.— The Secretary may require an individual to have passed an appropriate security back- ground examination before appointment to a committee established under this chapter or to which this chapter applies. (5) PROHIBITION.— (A) IN GENERAL.—Except as provided in subparagraph (B), a Federal employee may not be appointed as a member of a com- mittee established under this chapter or to which this chapter applies. (B) SPECIAL RULE FOR NATIONAL MERCHANT MARINE PERSONNEL ADVISORY COMMITTEE.— The Secretary may appoint a Federal em- ployee to serve as a member of the National Merchant Marine Personnel Advisory Com- mittee to represent the interests of the United States Merchant Marine Academy and, notwithstanding paragraphs (1) and (2), may do so without soliciting, receiving, or considering nominations for such appoint- ment. (6) TERMS.— (A) IN GENERAL.—The term of each member of a committee established under this chap- ter or to which this chapter applies shall ex- pire on December 31 of the third full year after the effective date of the appointment. (B) CONTINUED SERVICE AFTER TERM.—When the term of a member of a committee estab- lished under this chapter or to which this chapter applies ends, the member, for a pe- riod not to exceed 1 year, may continue to Page 252 TITLE 46—SHIPPING § 15109 serve as a member until a successor is ap- pointed. (7) VACANCIES.—A vacancy on a committee established under this chapter or to which this chapter applies shall be filled in the same manner as the original appointment. (8) SPECIAL RULE FOR REAPPOINTMENTS.— (A) REAPPOINTMENT.—Notwithstanding paragraphs (1) and (2), the Secretary may re- appoint a member of a committee estab- lished under this chapter or to which this chapter applies for any term, other than the first term of the member, without soliciting, receiving, or considering nominations for such appointment. (B) LIMITATION.—With respect to the com- mittee established under section 15102, mem- bers may serve not more than 3 terms. (g) STAFF SERVICES.—The Secretary shall fur- nish to each committee established under this chapter or to which this chapter applies any staff and services considered by the Secretary to be necessary for the conduct of the committee’s functions. (h) CHAIRMAN; VICE CHAIRMAN.— (1) IN GENERAL.—Each committee established under this chapter or to which this chapter ap- plies shall elect a Chairman and Vice Chair- man from among the committee’s members. (2) VICE CHAIRMAN ACTING AS CHAIRMAN.—The Vice Chairman shall act as Chairman in the absence or incapacity of, or in the event of a vacancy in the office of, the Chairman. (i) SUBCOMMITTEES AND WORKING GROUPS.— (1) IN GENERAL.—The Chairman of a com- mittee established under this chapter or to which this chapter applies may establish and disestablish subcommittees and working groups for any purpose consistent with the function of the committee. (2) PARTICIPANTS.—Subject to conditions im- posed by the Chairman, members of a com- mittee established under this chapter or to which this chapter applies and additional indi- viduals drawn from entities or groups des- ignated by this chapter to be represented on the committee or the general public may be assigned to subcommittees and working groups established under paragraph (1). (3) CHAIR.—Only committee members may chair subcommittees and working groups es- tablished under paragraph (1). (j) CONSULTATION, ADVICE, REPORTS, AND REC- OMMENDATIONS.— (1) CONSULTATION.— (A) IN GENERAL.—Before taking any sig- nificant action, the Secretary shall consult with, and consider the information, advice, and recommendations of, a committee estab- lished under this chapter or to which this chapter applies if the function of the com- mittee is to advise the Secretary on matters related to the significant action. (B) INCLUSION.—For purposes of this para- graph, regulations proposed under chapter 45 of this title are significant actions. (2) ADVICE, REPORTS, AND RECOMMENDA- TIONS.—Each committee established under this chapter or to which this chapter applies shall submit, in writing, to the Secretary its advice, reports, and recommendations, in a form and at a frequency determined appropriate by the committee. (3) EXPLANATION OF ACTIONS TAKEN.—Not later than 60 days after the date on which the Secretary receives recommendations from a committee under paragraph (2), the Secretary shall— (A) publish the recommendations on a website accessible at no charge to the pub- lic; (B) if the recommendations are from the committee established under section 15102, establish a mechanism for the submission of public comments on the recommendations; (C) respond, in writing, to the committee regarding the recommendations, including by providing an explanation of actions taken regarding the recommendations; and (D) make all responses required by sub- paragraph (C) which are related to rec- ommendations made by the committee es- tablished under section 15102 available to the public not later than 30 days after the date of response. (4) SUBMISSION TO CONGRESS.— (A) IN GENERAL.—The Secretary shall sub- mit to the Committee on Transportation and Infrastructure of the House of Representa- tives and the Committee on Commerce, Science, and Transportation of the Senate the advice, reports, and recommendations received from committees under paragraph (2). (B) ADDITIONAL SUBMISSION.—With respect to a committee established under section 70112 and to which this section applies, the Secretary shall submit the advice, reports, and recommendations received from the committee under paragraph (2) to the Com- mittee on Homeland Security of the House of Representatives in addition to the com- mittees specified in subparagraph (A). (k) OBSERVERS.— (1) IN GENERAL.—Any Federal agency with matters under such agency’s administrative jurisdiction related to the function of a com- mittee established under this chapter or to which this chapter applies may designate a representative to— (A) attend any meeting of such committee; and (B) participate as an observer at meetings of such committee that relate to such a mat- ter. (2) NATIONAL COMMERCIAL FISHING SAFETY AD- VISORY COMMITTEE.—With respect to the com- mittee established under section 15102, the Commandant of the Coast Guard shall des- ignate a representative under paragraph (1). (l) TECHNICAL ASSISTANCE.— (1) IN GENERAL.—The Secretary shall provide technical assistance to the Committee if re- quested by the Chairman. (2) COMMITTEE CONSULTATION.—With respect to the committee established under section 15102, the Chairman of the committee shall seek expertise from the fishing industry, ma- Page 253 TITLE 46—SHIPPING § 30101 rine safety experts, the shipbuilding industry, and others as the committee determines ap- propriate. (m) TERMINATION.—Each committee estab- lished under this chapter or to which this chap- ter applies shall terminate on September 30, 2029. (n) SAVINGS CLAUSE.—Nothing in this section shall preclude the Secretary from taking emer- gency action to ensure safety and preservation of life at sea. (Added Pub. L. 115–282, title VI, § 601(a), Dec. 4, 2018, 132 Stat. 4286; amended Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], §§ 8331(b), 8335(a)(2), title LVXXXV [LXXXV], § 8505(b)(14), Jan. 1, 2021, 134 Stat. 4703, 4707, 4752; Pub. L. 118–159, div. C, title XXXV, § 3535(e), Dec. 23, 2024, 138 Stat. 2315.) Editorial Notes AMENDMENTS 2024—Subsec. (a)(2). Pub. L. 118–159, § 3535(e)(1), sub- stituted ‘‘15102’’ for ‘‘15102,’’ in introductory provisions. Subsec. (k)(1). Pub. L. 118–159, § 3535(e)(2), inserted ‘‘or to which this chapter applies’’ after ‘‘under this chap- ter’’ in introductory provisions. 2021—Pub. L. 116–283, § 8331(b), inserted ‘‘or to which this chapter applies’’ after ‘‘committee established under this chapter’’ wherever appearing. The phrase ‘‘committee established under this chapter’’ in subsec. (k) was added subsequent to this amendment, and therefore the inserted phrase does not appear there. See subsec. (k) Amendment note below. Subsec. (a). Pub. L. 116–283, § 8335(a)(2)(A), designated existing provisions as par. (1), inserted heading, sub- stituted ‘‘Except as provided in paragraph (2), each’’ for ‘‘Each’’, and added par. (2). Subsec. (f)(8). Pub. L. 116–283, § 8335(a)(2)(B), des- ignated existing provisions as subpar. (A), inserted heading, and added subpar. (B). Subsec. (i)(2). Pub. L. 116–283, § 8505(b)(14), substituted ‘‘additional individuals’’ for ‘‘additional persons’’. Subsec. (j)(3)(D). Pub. L. 116–283, § 8335(a)(2)(C), added subpar. (D). Subsec. (k). Pub. L. 116–283, § 8335(a)(2)(D), amended subsec. (k) generally. Prior to amendment, text read as follows: ‘‘Any Federal agency with matters under such agency’s administrative jurisdiction related to the function of a committee established under this chapter or to which this chapter applies may designate a rep- resentative to— ‘‘(1) attend any meeting of such committee; and ‘‘(2) participate as an observer at meetings of such committee that relate to such a matter.’’ Subsec. (l). Pub. L. 116–283, § 8335(a)(2)(G), added sub- sec. (l). Former subsec. (l) redesignated (m). Pub. L. 116–283, § 8335(a)(2)(E), substituted ‘‘2029’’ for ‘‘2027’’. Subsec. (m). Pub. L. 116–283, § 8335(a)(2)(F), redesig- nated subsec. (l) as (m). Subsec. (n). Pub. L. 116–283, § 8335(a)(2)(H), added sub- sec. (n). Subtitle III—Maritime Liability Chapter Sec. 301. General Liability Provisions ............ 30101 303. Death on the High Seas ..................... 30301 305. Exoneration and Limitation of Li- ability .................................................. 30501 307. Liability of Water Carriers ............... 30701 309. Suits in Admiralty Against the United States .................................... 30901 311. Suits Involving Public Vessels ......... 31101 Chapter Sec. 313. Commercial Instruments and Mari- time Liens .......................................... 31301 Editorial Notes AMENDMENTS 2006—Pub. L. 109–304, § 6(a), Oct. 6, 2006, 120 Stat. 1509, amended subtitle analysis generally, substituting ‘‘General Liability Provisions’’ for ‘‘General’’ in item for chapter 301, striking out ‘‘[Chapters 303–311—Re- served]’’ after item for chapter 301, adding items for chapters 303, 305, 307, 309, and 311, and striking out ‘‘[Chapter 315—Reserved]’’ after item for chapter 313. CHAPTER 301—GENERAL LIABILITY PROVISIONS Sec. 30101. Extension of jurisdiction to cases of damage or injury on land. 30102. Liability to passengers. 30103. Liability of master, mate, engineer, and pilot. 30104. Personal injury to or death of seamen. 30105. Restriction on recovery by non-citizens and non-resident aliens for incidents in waters of other countries. 30106. Time limit on bringing maritime action for personal injury or death. Editorial Notes PRIOR PROVISIONS A prior chapter 301, consisting of section 30101, pro- vided definitions for purposes of this subtitle, prior to repeal by Pub. L. 109–304, § 6(b), Oct. 6, 2006, 120 Stat. 1509. § 30101. Extension of jurisdiction to cases of dam- age or injury on land (a) IN GENERAL.—The admiralty and maritime jurisdiction of the United States extends to and includes cases of injury or damage, to person or property, caused by a vessel on navigable wa- ters, even though the injury or damage is done or consummated on land. (b) PROCEDURE.—A civil action in a case under subsection (a) may be brought in rem or in per- sonam according to the principles of law and the rules of practice applicable in cases where the injury or damage has been done and con- summated on navigable waters. (c) ACTIONS AGAINST UNITED STATES.— (1) EXCLUSIVE REMEDY.—In a civil action against the United States for injury or damage done or consummated on land by a vessel on navigable waters, chapter 309 or 311 of this title, as appropriate, provides the exclusive remedy. (2) ADMINISTRATIVE CLAIM.—A civil action described in paragraph (1) may not be brought until the expiration of the 6-month period after the claim has been presented in writing to the agency owning or operating the vessel causing the injury or damage. (Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1509.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30101 .......... 46 App.:740. June 19, 1948, ch. 526, 62 Stat. 496. In subsections (b) and (c), the words ‘‘civil action’’ are substituted for ‘‘suit’’ for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).