
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 46USC8101]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
                       Part F--Manning of Vessels
 
                           CHAPTER 81--GENERAL
 
Sec. 8101. Complement of inspected vessels

    (a) 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;
        (2) a mobile offshore drilling unit shall consider the 
    specialized nature of the unit; and
        (3) a tank vessel shall consider the navigation, cargo handling, 
    and maintenance functions of that vessel for protection of life, 
    property, and the environment.

    (b) The Secretary may modify the complement, by endorsement on the 
certificate, for reasons of changed conditions or employment.
    (c) A requirement made under this section by an authorized official 
may be appealed to the Secretary under prescribed regulations.
    (d) A vessel to which this section applies may not be operated 
without having in its service the complement required in the certificate 
of inspection.
    (e) 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.
    (f) 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.
    (g) 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.
    (h) 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.
    (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.

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

                      Historical and Revision Notes
------------------------------------------------------------------------
          Revised section                Source section (U.S. Code)
------------------------------------------------------------------------
8101..............................  46:222
                                    46:224
                                    46:446d
------------------------------------------------------------------------

    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.


                               Amendments

    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, Sec. 4114(c), added par. (3).
    Subsec. (e). Pub. L. 101-380, Sec. 4302(e)(1), substituted 
``$1,000'' for ``$50''.
    Subsec. (f). Pub. L. 101-380, Sec. 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, Sec. 4302(e)(3), substituted 
``$10,000'' for ``$500''.
    Subsec. (i). Pub. L. 101-380, Sec. 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.


                    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.

                  Section Referred to in Other Sections

    This section is referred to in section 8301 of this title.
