(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 547; Pub. L. 98–557, § 29(b),Oct. 30, 1984, 98 Stat. 2873; Pub. L. 99–640, § 11(b),Nov. 10, 1986, 100 Stat. 3550; Pub. L. 101–380, title IV, §§ 4104,
(e),Aug. 18, 1990, 104 Stat. 511, 517, 538; Pub. L. 104–324, title VII, § 725,Oct. 19, 1996, 110 Stat. 3939.)
Historical and Revision Notes
| Revised section
|| Source section (U.S. Code)
provides for the required composition of the complement of licensed individuals and crew of an inspected vessel when being operated.
Subsection (a) requires that the certificate of inspection for a vessel state the manning necessary for safe navigation. Manning means the complement of licensed officers and crew (including lifeboatmen). Any manning requirements for sailing school vessels shall take into account the participation of sailing school instructors and sailing school students in the operation of those vessels.
Subsection (b) permits the Secretary to modify the manning requirements for reasons of changed conditions or employment.
Subsection (c) permits an appeal to the Secretary of any manning requirements made by an authorized official.
Subsection (d) prohibits the operation of a vessel without the manning required in the vessel’s certificate of inspection.
When a vessel has a vacancy in the manning required by its certificate of inspection without the consent, fault, or collusion of anyone responsible for the management or operation of the vessel, subsection (e) requires that the master hire replacements, if possible, in the same or higher grade or rating. However, if the master finds the vessel sufficiently manned and replacements are not available, the vessel may proceed on its voyage. Within 12 hours of arrival at its destination, the master is required to file a written report with the Secretary stating the cause of each deficiency or be liable for a civil penalty. The report of deficiency should include both the reason for the vacancy in the first instance and the reason for the unavailability of a qualified replacement.
Subsections (f), (g) and (h) prescribe civil penalties for noncompliance with manning requirements. Subsection (g) also prohibits the employment or service of an individual in a licensed capacity who is not licensed by the Secretary.
1996—Subsec. (h). Pub. L. 104–324
inserted “as measured under section
of this title, or an alternate tonnage measured under section
of this title as prescribed by the Secretary under section
of this title” after “100 gross tons”.
1990—Subsec. (a)(3). Pub. L. 101–380
, § 4114(c), added par. (3).
Subsec. (e). Pub. L. 101–380
, § 4302(e)(1), substituted “$1,000” for “$50”.
Subsec. (f). Pub. L. 101–380
, § 4302(e)(2), substituted “$10,000” for “$100, or, for a deficiency of a licensed individual, a penalty of $500”.
Subsec. (g). Pub. L. 101–380
, § 4302(e)(3), substituted “$10,000” for “$500”.
Subsec. (i). Pub. L. 101–380
, § 4104, added subsec. (i).
1986—Subsec. (a). Pub. L. 99–640
amended subsec. (a) generally, inserting cl. (1) designation before “a sailing school” and adding cl. (2).
1984—Subsec. (g). Pub. L. 98–557
substituted provisions relating to inspection under chapter
of this title, for provisions relating to applicability of part B of this subtitle.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101–380
applicable to incidents occurring after Aug. 18, 1990, see section 1020 ofPub. L. 101–380
, set out as an Effective Date note under section
, Navigation and Navigable Waters.