§9303 — Title 46 Shipping | U.S. Code

Summary

The Secretary must make rules that say who can register as a United States registered pilot and what skills they need. To apply, a person must have a license as a master, mate, or pilot under section 7101; must have at least 24 months of licensed service or similar experience on vessels or tows of at least 4,000 gross tons (measured under section 14502 or an alternate under section 14302 as set under section 14104), with at least 6 months of that service on the Great Lakes; and must agree to be available for duty if appointed. The Secretary must give each registered pilot a certificate that lists where the pilot may work, and the pilot must carry it while serving a vessel. The Secretary sets how long registration lasts and may set service conditions, including availability. The Secretary may suspend or revoke certificates under rules and under 5 U.S.C. 551–559, and suspension or revocation of a license under chapter 77 also covers the certificate. The Secretary must set pilotage rates, consider the public interest and costs, set new rates by March 1 each year, do a full ratemaking at least once every 5 years, review and adjust base rates in the years between, and assign enough staff to handle the rate work.

Title 46, §9303

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(a)The Secretary shall prescribe by regulation standards of competency to be met by each applicant for registration under this chapter. An applicant must—

(1)have a license as master, mate, or pilot issued under section 7101 of this title;

(2)have acquired at least 24 months licensed service or equivalent experience on vessels or integrated towing vessels and tows of at least 4,000 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, operating on the Great Lakes or oceans, with a minimum of 6 months of that service or experience having been on the Great Lakes; and

(3)agree that, if appointed as a United States registered pilot, the applicant will be available for service when required.

(b)The Secretary shall issue to each registered pilot under this chapter a certificate of registration describing the areas within which the pilot may serve. The pilot shall carry the certificate when in the service of a vessel.

(c)The Secretary shall prescribe by regulation the duration of validity of registration.

(d)The Secretary may prescribe by regulation the conditions for service by United States registered pilots, including availability for service.

(e)Subject to section 551–559 of title 5, the Secretary may suspend or revoke a certificate of registration issued under this section if the holder fails to comply with a regulation prescribed under this chapter. Suspension or revocation of the holder’s license under chapter 77 of this title includes the holder’s certificate of registration.

(f)The Secretary shall prescribe by regulation rates and charges for pilotage services, giving consideration to the public interest and the costs of providing the services. The Secretary shall establish new pilotage rates by March 1 of each year. The Secretary shall establish base pilotage rates by a full ratemaking at least once every 5 years and shall conduct annual reviews of such base pilotage rates, and make adjustments to such base rates, in each intervening year.

(g)The Secretary shall ensure that a sufficient number of individuals are assigned to carrying out subsection (f).

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource section (U.S. Code) 9303(a)46:216b(a) 9303(b)46:216b(b) 9303(c)46:216b(c) 9303(e)46:216b(c) 9303(f)46:216c section 9303 authorizes the Secretary to prescribe regulatory standards of competency for registered pilots. Subsection (a) requires an applicant for registration as a pilot to have a master’s, mate’s, or pilot’s license, 24 months of licensed service, or equivalent, on vessels on the oceans or Great Lakes, with a minimum of 6 months on the Great Lakes, and agree to be available for service as a United States registered pilot if appointed. Subsection (b) requires the Secretary to issue a certificate of registration describing the areas of service of a registered pilot who must carry the certificate when in a vessel’s service. Subsection (c) authorizes the Secretary to prescribe the duration of the validity of registration, while subsection (d) authorizes the Secretary to prescribe conditions for service by United States registered pilots. Subsection (e) provides for the suspension or revocation of a certificate or registration by the Secretary. Subsection (f) provides for setting the rates and charges for pilotage services.

Editorial Notes

Amendments

2006—Subsec. (f). Pub. L. 109–241, § 302(1), inserted at end “The Secretary shall establish new pilotage rates by March 1 of each year. The Secretary shall establish base pilotage rates by a full ratemaking at least once every 5 years and shall conduct annual reviews of such base pilotage rates, and make adjustments to such base rates, in each intervening year.” Subsec. (g). Pub. L. 109–241, § 302(2), added subsec. (g). 1996—Subsec. (a)(2). 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 “4,000 gross tons”.

§9303 United States Registered Pilot Service