46 U.S.C. § 8904

Towing vessels

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(a) A towing vessel that is at least 26 feet in length measured from end to end over the deck (excluding sheer), shall be operated by an individual licensed by the Secretary to operate that type of vessel in the particular geographic area, under prescribed regulations.(b) A vessel that tows a disabled vessel for consideration shall be operated by an individual licensed by the Secretary to operate that type of vessel in the particular geographic area, under prescribed regulations.(c) The Secretary may prescribe by regulation requirements for maximum hours of service (including recording and recordkeeping of that service) of individuals engaged on a towing vessel that is at least 26 feet in length measured from end to end over the deck (excluding the sheer).(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 555; Pub. L. 99–640, § 12(a), Nov. 10, 1986, 100 Stat. 3550; Pub. L. 108–293, title IV, § 409(a), Aug. 9, 2004, 118 Stat. 1044.)

Historical and Revision Notes
Revised section	Source section (U.S. Code)
8904	46:405(b)(2)

Section 8904 requires that a 26-foot or larger towing vessel be operated by a licensed individual for that type of vessel and for a particular geographic area.

Editorial NotesAmendments

2004—Subsec. (c). Pub. L. 108–293 added subsec. (c).

1986—Pub. L. 99–640 designated existing provisions as subsec. (a) and added subsec. (b).

Statutory Notes and Related SubsidiariesEffective Date of 1986 Amendment

Pub. L. 99–640, § 12(b), Nov. 10, 1986, 100 Stat. 3551, provided that: “The amendments made by subsection (a) of this section [amending this section] shall take effect on January 1, 1988.”

Demonstration Project

Pub. L. 108–293, title IV, § 409(b), Aug. 9, 2004, 118 Stat. 1045, provided that: “Prior to prescribing regulations under this section [amending this section] the Secretary shall conduct and report to the Congress on the results of a demonstration project involving the implementation of Crew Endurance Management Systems on towing vessels. The report shall include a description of the public and private sector resources needed to enable implementation of Crew Endurance Management Systems on all United States-flag towing vessels.”

Notes of Decisions

Cited in 5 cases, 1985–2018 · leading case: Shell Offshore, Inc. v. Tesla Offshore, L.L.C., 905 F.3d 915 (5th Cir. 2018).

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Shell Offshore, Inc. v. Tesla Offshore, L.L.C., 905 F.3d 915 (5th Cir. 2018). “See 46 U.S.C. § 8904 (a) ; 46 CFR §§ 15.805 (a)(5), 15.”

First Specialty Ins. v. Am. Home Assurance Co., 558 F.3d 97 (1st Cir. 2009). “See 46 U.S.C. § 8904 (a). But it was never disputed that a tugboat pilot is operating the tugboat.”

In Re Sause Bros. Ocean Towing, 769 F. Supp. 1147 (D. Or. 1991). “Section 8104(h) states: [o]n a vessel to which section 8904 of this title [ 46 USC § 8904 ] applies, an individual licensed to operate a towing vessel may not work for more than 12 hours in a consecutive 24-hour period except in an emergency.”

Associated Dredging Co. v. Cont'l Marine Towing Co., 617 F. Supp. 961 (E.D. La. 1985). “1972), see also, 46 U.S.C.S. § 8904 (La.Coop.1985); 46 C.F.”

Spentonbush/Red Star Companies v. Nat'l Labor Relations Bd., 106 F.3d 484 (2d Cir. 1997). “See 46 U.S.C. §§ 8904 , 8906. It is informative to note that in some of the Coast Guard regulations the master is identified as a “marine employer.”

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