§9307 — Title 46 Shipping | U.S. Code

Summary

The Secretary must create a Great Lakes Pilotage Advisory Committee to review rules and advise on pilotage in the Great Lakes. The Committee will have 8 members appointed by the Secretary, each normally with at least 5 years of hands-on maritime experience and serving terms of up to 5 years. The Secretary must publish a notice in the Federal Register asking for nominations before filling a spot. Members include the presidents (or their reps) of the three Great Lakes pilotage districts, one each from vessel operators, port authorities/marine terminals, shippers, and maritime labor, and one member who must be recommended unanimously by the other Committee members and who can be appointed even if they lack the 5 years’ experience. The Committee can review proposed pilotage rules, advise and report to the Secretary, and share recommendations with Congress. It must meet when the Secretary calls a meeting (at least once each calendar year) or when a majority requests a meeting. Members pick a chair and vice-chair, and the vice-chair fills in if the chair is absent. The Secretary will name a representative to attend as observer and serve as the Committee’s executive secretary. The Secretary should consult the Committee before major pilotage actions and must consider its advice; formal recommendations need approval by all but at most one current member. Members may receive pay up to the daily equivalent of GS-18 and travel expenses, but they are not federal employees for other purposes. The Committee ends on September 30, 2030, and must tell Congress, two years before that date, whether it should be renewed.

Title 46, §9307

Shipping — Source: USLM XML via OLRC

(a)The Secretary shall establish a Great Lakes Pilotage Advisory Committee. The Committee—

(1)may review proposed Great Lakes pilotage regulations and policies and make recommendations to the Secretary that the Committee considers appropriate;

(2)may advise, consult with, report to, and make recommendations to the Secretary on matters relating to Great Lakes pilotage;

(3)may make available to the Congress recommendations that the Committee makes to the Secretary; and

(4)shall meet at the call of—

(A)the Secretary, who shall call such a meeting at least once during each calendar year; or

(B)a majority of the Committee.

(b)(1)The Committee shall consist of 8 members appointed by the Secretary in accordance with this subsection, each of whom has at least 5 years practical experience in maritime operations. The term of each member is for a period of not more than 5 years, specified by the Secretary. Before filling a position on the Committee, the Secretary shall publish a notice in the Federal Register soliciting nominations for membership on the Committee.

(2)The membership of the Committee shall include—

(A)the President of each of the 3 Great Lakes pilotage districts, or the President’s representative;

(B)one member chosen from among nominations made by vessel operators that contract for Great Lakes pilotage services;

(C)one member chosen from among nominations made by Great Lakes port authorities and marine terminals;

(D)one member chosen from among nominations made by shippers whose cargoes are transported through Great Lakes ports;

(E)one member chosen from among nominations made by Great Lakes maritime labor organizations; and

(F)a member who—

(i)must have been recommended to the Secretary by a unanimous vote of the other members of the Committee, and

(ii)may be appointed without regard to requirement in paragraph (1) that each member have 5 years of practical experience in maritime operations.

(c)(1)The Committee shall elect one of its members as the Chairman and one of its members as the Vice Chairman. The Vice Chairman shall act as Chairman in the absence or incapacity of the Chairman, or in the event of a vacancy in the office of the Chairman.

(2)The Secretary shall, and any other interested agency may, designate a representative to participate as an observer with the Committee. The Secretary’s designated representative shall act as the executive secretary of the Committee and shall perform the duties set forth in section 1009(c) of title 5.

(d)(1)The Secretary shall, whenever practicable, consult with the Committee before taking any significant action relating to Great Lakes pilotage.

(2)The Secretary shall consider the information, advice, and recommendations of the Committee in formulating policy regarding matters affecting Great Lakes pilotage.

(3)Any recommendations to the Secretary under subsection (a)(2) must have been approved by at least all but one of the members then serving on the committee.

(e)(1)A member of the Committee, when attending meetings of the Committee or when otherwise engaged in the business of the Committee, is entitled to receive—

(A)compensation at a rate fixed by the Secretary, not exceeding the daily equivalent of the current rate of basic pay in effect for GS–18 of the General Schedule under section 5332 of title 5 including travel time; and

(B)travel or transportation expenses under section 5703 of title 5, United States Code.

(2)A member of the Committee shall not be considered to be an officer or employee of the United States for any purpose based on their receipt of any payment under this subsection.

(f)(1)Chapter 10 of title 5 applies to the Committee, except that the Committee terminates on September 30, 2030.

(2)2 years before the termination date set forth in paragraph (1) of this subsection, the Committee shall submit to the Congress its recommendation regarding whether the Committee should be renewed and continued beyond the termination date.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource section (U.S. Code) 930746:216h section 9307 permits the Secretary to establish a Great Lakes Pilotage Advisory Committee. This Committee is to be established consistent with the Federal Advisory Committee Act (P.L. 92–463; 5 App. U.S.C.) and with the requirements imposed by section 19 [118(e)] of P.L. 97–322 (14 U.S.C. 631 note). Subsection (a) authorizes the Committee to review and make recommendations on Great Lakes pilotage regulation and policies and to make the recommendations available to Congress and requires the Committee to meet at the call of the Secretary. Subsection (b) establishes the membership of the Committee as 3 members with 5 years of practical maritime experience appointed by the Secretary for a term of not more than 5 years. A Federal Register notice of solicitation for membership nominations for filling a position is required. Subsection (c) provides for pay and travel expenses, including per diem, for the members.

Editorial Notes

Amendments

2022—Subsec. (c)(2). Pub. L. 117–286, § 4(a)(291)(A), substituted “section 1009(c) of title 5.” for “section 10(c) of the Federal Advisory Committee Act (5 U.S.C. App.).” Subsec. (f)(1). Pub. L. 117–286, § 4(a)(291)(B), substituted “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)”. 2021—Subsec. (b)(1). Pub. L. 116–283, § 8334(a)(1)(A), substituted “8 members” for “seven members”. Subsec. (b)(2)(B). Pub. L. 116–283, § 8334(a)(1)(B)(i), substituted “chosen from among nominations made by” for “representing the interests of”. Subsec. (b)(2)(C). Pub. L. 116–283, § 8334(a)(1)(B)(ii), substituted “chosen from among nominations made by Great Lakes port authorities and marine terminals” for “representing the interests of Great Lakes ports”. Subsec. (b)(2)(D). Pub. L. 116–283, § 8334(a)(1)(B)(iii)(I), substituted “chosen from among nominations made by” for “representing the interests of” and “ports;” for “ports; and”. Subsec. (b)(2)(E). Pub. L. 116–283, § 8334(a)(1)(B)(v), added subpar. (E). Former subpar. (E) redesignated (F). Subsec. (b)(2)(F). Pub. L. 116–283, § 8334(a)(1)(B)(iv), (vi), redesignated subpar. (E) as (F) and struck out “with a background in finance or accounting,” after “a member” in introductory provisions. Subsec. (f)(1). Pub. L. 116–283, § 8334(a)(2), substituted “2030” for “2020”. 2010—Subsec. (f)(1). Pub. L. 111–281 substituted “

September 30, 2020” for “

September 30, 2010”. 2006—Subsec. (b)(2)(A). Pub. L. 109–304 substituted “the President” for “The President”. 2004—Subsec. (f)(1). Pub. L. 108–293 substituted “

September 30, 2010” for “

September 30, 2005”. 2000—Subsec. (b)(2)(A). Pub. L. 106–554, § 1(a)(4) [div. A, § 1118(1)], amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “three members who are practicing Great Lakes pilots and who reflect a regional balance;”. Subsec. (b)(2)(E). Pub. L. 106–554, § 1(a)(4) [div. A, § 1118(2)], amended subpar. (E) generally. Prior to amendment, subpar. (E) read as follows: “one member representing the interests of the general public, who is an independent expert on the Great Lakes maritime industry.” Subsec. (c)(2). Pub. L. 106–554, § 1(a)(4) [div. A, § 1118(3)], which directed the striking out of second sentence in subsec. (C)(2), was executed by striking out the second sentence in subsec. (c)(2), “The representatives shall, as appropriate, report to and advise the Committee on matters relating to Great Lakes pilotage.”, to reflect the probable intent of Congress. Subsec. (d)(3). Pub. L. 106–554, § 1(a)(4) [div. A, § 1118(4)], added par. (3). Subsec. (f)(1). Pub. L. 106–554, § 1(a)(4) [div. A, § 1118(5)], substituted “

September 30, 2005” for “

September 30, 2003”. 1998—Pub. L. 105–383 amended section generally, substituting provisions consisting of subsecs. (a) to (f) for former provisions consisting of subsecs. (a) to (c).

Statutory Notes and Related Subsidiaries

Construction

of 2021 Amendment Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], § 8334(b), Jan. 1, 2021, 134 Stat. 4706, provided that: “Notwithstanding section 9307(f)(1) of title 46, United States Code, in any case in which the date of enactment of this Act [Jan. 1, 2021] occurs after

September 30, 2020, the Great Lakes Pilotage Advisory Committee in existence as of

September 30, 2020, shall be deemed not expired during the period beginning on

September 30, 2020 through the date of enactment of this Act. Accordingly, the committee membership, charter, and the activities of such Committee shall continue as though such Committee had not expired.” References in Other Laws to GS–16, 17, or 18 Pay RatesReferences in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.

§9307 Great Lakes Pilotage Advisory Committee