46 U.S.C. § 8905: Exemptions

Summary

Limits when certain boating safety rules apply and lets the Secretary give some narrow exceptions. A safety rule for recreational boats used in dealer demonstrations only applies if the Secretary decides it is needed for safety. Another rule does not cover oil spill response vessels while they are doing spill response or training. After talking with Alaska’s governor and the State boating official, the Secretary may exempt a person who operates a self-propelled uninspected passenger boat that stays only in Alaska waters, is 26 feet or less long, and carries no more than 6 passengers.

Title 46, §8905

Shipping, Source: USLM XML via OLRC

(a)section 8903 of this title applies to a recreational vessel operated in dealer demonstrations only if the Secretary decides that the application of section 8903 is necessary for recreational vessel safety under section 4302(d) of this title.

(b)section 8904 of this title does not apply to an oil spill response vessel while engaged in oil spill response or training activities.

(c)After consultation with the Governor of Alaska and the State boating law administrator of Alaska, the Secretary may exempt an individual operating a self-propelled uninspected passenger vessel from the requirements of section 8903 of this title, if—

(1)the individual only operates such vessel wholly within waters located in Alaska; and

(2)such vessel is—

(A)26 feet or less in length; and

(B)carrying not more than 6 passengers.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource section (U.S. Code) 8905(a)46:1461(f) 8905(b)46:405(b)(3) section 8905 provides for certain exemptions from the requirements of this chapter. Subsection (a) exempts dealer demonstration recreational vessels from the licensed operator requirement in section 8903 unless the Secretary decides that safety considerations require the application of that section. Subsection (b) exempts an offshore supply vessel of less than 200 gross tons from the licensed operator requirement under section 8904 when used in the offshore mineral and oil industry.

Editorial Notes

Amendments

2021—Subsec. (c). Pub. L. 116–283 added subsec. (c). 2010—Subsecs. (b), (c). Pub. L. 111–281 redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: “section 8904 of this title does not apply to a vessel of less than 200 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 engaged in the offshore mineral and oil industry if the vessel has offshore mineral and oil industry sites or equipment as its ultimate destination or place of departure.” 1996—Subsec. (b). Pub. L. 104–324, § 734, 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 “200 gross tons”. Subsec. (c). Pub. L. 104–324, § 1104(f), added subsec. (c).

§8905 Exemptions