Title 46 — Shipping

Part F · Chapter 81 — General

§ 8101. Complement of inspected vessels

Statutory text

The certificate of inspection issued to a vessel under part B of this subtitle shall state the complement of licensed individuals and crew (including lifeboatmen) considered by the Secretary to be necessary for safe operation. A manning requirement imposed on—

a sailing school vessel shall consider the participation of sailing school instructors and sailing school students in the operation of that vessel;

a mobile offshore drilling unit shall consider the specialized nature of the unit; and

a tank vessel shall consider the navigation, cargo handling, and maintenance functions of that vessel for protection of life, property, and the environment.

The Secretary may modify the complement, by endorsement on the certificate, for reasons of changed conditions or employment.

A requirement made under this section by an authorized official may be appealed to the Secretary under prescribed regulations.

A vessel to which this section applies may not be operated without having in its service the complement required in the certificate of inspection.

When a vessel is deprived of the service of a member of its complement without the consent, fault, or collusion of the owner, charterer, managing operator, agent, master, or individual in charge of the vessel, the master shall engage, if obtainable, a number of members equal to the number of those of whose services the master has been deprived. The replacements must be of the same or a higher grade or rating than those whose places they fill. If the master finds the vessel is sufficiently manned for the voyage, and replacements are not available to fill all the vacancies, the vessel may proceed on its voyage. Within 12 hours after the vessel arrives at its destination, the master shall report in writing to the Secretary the cause of each deficiency in the complement. A master failing to make the report is liable to the United States Government for a civil penalty of $1,000 for each deficiency.

The owner, charterer, or managing operator of a vessel not manned as required by this section is liable to the Government for a civil penalty of $10,000.

A person may not employ an individual as, and an individual may not serve as, a master, mate, engineer, radio officer, or pilot of a vessel to which this part applies or which is subject to inspection under chapter 33 of this title if the individual is not licensed by the Secretary. A person (including an individual) violating this subsection is liable to the Government for a civil penalty of not more than $10,000. Each day of a continuing violation is a separate offense.

The owner, charterer, or managing operator of 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, a small passenger vessel, or a sailing school vessel not manned as required by this section is liable to the Government for a civil penalty of $1,000. The vessel also is liable in rem for the penalty.

When the 2 next most senior licensed officers on a vessel reasonably believe that the master or individual in charge of the vessel is under the influence of alcohol or a dangerous drug and is incapable of commanding the vessel, the next most senior master, mate, or operator licensed under section 7101(c)(1) or (3) of this title shall—

temporarily relieve the master or individual in charge;

temporarily take command of the vessel;

in the case of a vessel required to have a log under chapter 113 of this title, immediately enter the details of the incident in the log; and

report those details to the Secretary—

by the most expeditious means available; and

in written form transmitted within 12 hours after the vessel arrives at its next port.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1983
Pub. L. 98–89 · 97 Stat. 500
Enacted · 46 U.S.C. § 8101
Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 547
Source evidence
Code source credit
Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 547
1984
Coast Guard Authorization Act of 1984
Pub. L. 98–557 § 29(b) · 98 Stat. 2860
Substituted · 46 U.S.C. § 8101(g)
Pub. L. 98–557 substituted provisions relating to inspection under chapter 33 of this title, for provisions relating to applicability of part B of this subtitle
Source evidence
Code amendment note
Subsec. (g). Pub. L. 98–557 substituted provisions relating to inspection under chapter 33 of this title, for provisions relating to applicability of part B of this subtitle.
Enacted provision · exact public law section
(b) Section 8101(g) of title 46, United States Code, is amended by 97 Stat. 548. striking “or part B of this subtitle applies” and inserting in lieu thereof “applies or which is subject to inspection under chapter 33 of this title”.
1986
Coast Guard Authorization Act of 1986
Pub. L. 99–640 § 11(b) · 100 Stat. 3545
1. Amended · 46 U.S.C. § 8101(a)
  Pub. L. 99–640 amended subsec. (a) generally
2. Inserted · 46 U.S.C. § 8101(a)
  Pub. L. 99–640 inserting cl. (1) designation before “a sailing school”
3. Added · 46 U.S.C. § 8101(a)
  Pub. L. 99–640 adding cl. (2)
Source evidence
Code amendment note
Subsec. (a). Pub. L. 99–640 amended subsec. (a) generally, inserting cl. (1) designation before “a sailing school” and adding cl. (2).
Enacted provision · exact public law section
(b) Section 8101(a) of title 46, United States Code, is amended to read as follows: “(a) 42 USC 3101. The certificate of inspection issued to a vessel under part B of this subtitle shall state the complement of licensed individuals and crew (including lifeboatmen) considered by the Secretary to be necessary for safe operation. A manning requirement imposed on— “(1) a sailing school vessel shall consider the participation of sailing school instructors and sailing school students in the operation of that vessel; and “(2) a mobile offshore drilling unit shall consider the specialized nature of the unit.”.
1990
Oil Pollution Act of 1990
Pub. L. 101–380 § 4114(c) · 104 Stat. 484
Added · 46 U.S.C. § 8101(a)(3)
Pub. L. 101–380, § 4114(c), added par. (3)
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 101–380, § 4114(c), added par. (3).
Enacted provision · exact public law section
(c) Manning Requirement.— Section 8101(a) of title 46, United States Code, is amended— (1) by striking “and” at the end of paragraph (1); (2) by striking the period at the end of paragraph (2) and inserting “; and”; and (3) by adding at the end the following new paragraph: “(3) a tank vessel shall consider the navigation, cargo handling, and maintenance functions of that vessel for protection of life, property, and the environment.”.
Effective date note
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.
1990
Oil Pollution Act of 1990
Pub. L. 101–380 § 4302(e)(1) · 104 Stat. 484
Substituted · 46 U.S.C. § 8101(e)
Pub. L. 101–380, § 4302(e)(1), substituted “$1,000” for “$50”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 101–380, § 4302(e)(1), substituted “$1,000” for “$50”.
Enacted provision · exact public law section
(1) in subsection (e) by striking “$50” and inserting “$1,000”;
Effective date note
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.
1990
Oil Pollution Act of 1990
Pub. L. 101–380 § 4302(e)(2) · 104 Stat. 484
Substituted · 46 U.S.C. § 8101(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”
Source evidence
Code amendment note
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”.
Enacted provision · exact public law section
(2) in subsection (f) by striking “$100, or, for a deficiency of a licensed individual, a penalty of $500.” and inserting “$10,000.”; and
Effective date note
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.
1990
Oil Pollution Act of 1990
Pub. L. 101–380 § 4302(e)(3) · 104 Stat. 484
Substituted · 46 U.S.C. § 8101(g)
Pub. L. 101–380, § 4302(e)(3), substituted “$10,000” for “$500”
Source evidence
Code amendment note
Subsec. (g). Pub. L. 101–380, § 4302(e)(3), substituted “$10,000” for “$500”.
Enacted provision · exact public law section
(3) in subsection (g) by striking “$500.” and inserting “$10,000.”.
Effective date note
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.
1990
Oil Pollution Act of 1990
Pub. L. 101–380 § 4104 · 104 Stat. 484
Added · 46 U.S.C. § 8101(i)
Pub. L. 101–380, § 4104, added subsec. (i)
Source evidence
Code amendment note
Subsec. (i). Pub. L. 101–380, § 4104, added subsec. (i).
Enacted provision · exact public law section
SEC. 4104. REMOVAL OF MASTER OR INDIVIDUAL IN CHARGE. Section 8101 of title 46, United States Code, is amended by adding at the end the following: “(i) When the 2 next most senior licensed officers on a vessel reasonably believe that the master or individual in charge of the vessel is under the influence of alcohol or a dangerous drug and is incapable of commanding the vessel, the next most senior master, mate, or operator licensed under section 7101(c) (1) or (3) of this title shall— “(1) temporarily relieve the master or individual in charge; “(2) temporarily take command of the vessel; “(3) in the case of a vessel required to have a log under chapter 113 of this title, immediately enter the details of the incident in the log; and “(4) report those details to the Secretary— “(A) by the most expeditious means available; and “(B) in written form transmitted within 12 hours after the vessel arrives at its next port.”.
Effective date note
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.
1996
Coast Guard Authorization Act of 1996
Pub. L. 104–324 title VII § 725 · 110 Stat. 3901
Inserted · 46 U.S.C. § 8101(h)
Pub. L. 104–324 inserted “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” after “100 gross tons”
Source evidence
Code amendment note
Subsec. (h). Pub. L. 104–324 inserted “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” after “100 gross tons”.
Enacted provision · exact public law section
SEC. 725. COMPLEMENT OF INSPECTED VESSELS. Section 8101(h) of title 46, United States Code, is amended by inserting after “100 gross tons” the following: “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”.

10 of 11 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision

Historical and Revision Notes
Revised section	Source section (U.S. Code)
8101	46:22246:22446:446d

Section 8101 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.

Editorial Notes

Amendments1984–1996 · 4 rounds

1996

Subsec. (h). Pub. L. 104–324 inserted “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” 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 33 of this title, for provisions relating to applicability of part B of this subtitle.

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.

Credits

1983–1996 · 5 acts

1983Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 547
1984Pub. L. 98–557, § 29(b), Oct. 30, 1984, 98 Stat. 2873
1986Pub. L. 99–640, § 11(b), Nov. 10, 1986, 100 Stat. 3550
1990Pub. L. 101–380, title IV, §§ 4104, 4114(c), 4302(e), Aug. 18, 1990, 104 Stat. 511, 517, 538
1996Pub. L. 104–324, title VII, § 725, Oct. 19, 1996, 110 Stat. 3939.

Show as published

(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, 4114(c), 4302(e), Aug. 18, 1990, 104 Stat. 511, 517, 538; Pub. L. 104–324, title VII, § 725, Oct. 19, 1996, 110 Stat. 3939.)