46 U.S.C. § 9303

United States registered pilot service

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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 sections 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).(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 558; Pub. L. 104–324, title VII, § 735, Oct. 19, 1996, 110 Stat. 3941; Pub. L. 109–241, title III, § 302, July 11, 2006, 120 Stat. 527.)

Historical and Revision Notes
Revised section	Source 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 NotesAmendments

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”.

Notes of Decisions

Cited in 10 cases, 2005–2020 · leading case: Am. Great Lakes Ports Ass'n v. Karl Schultz, 962 F.3d 510 (D.C. Cir. 2020).

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Am. Great Lakes Ports Ass'n v. Karl Schultz, 962 F.3d 510 (D.C. Cir. 2020). · cites it 5× “See 46 U.S.C. § 9303 . Pursuant to this statutory authority, the Coast Guard has certified three pilotage associations to be the exclusive American providers of Great Lakes pilotage services in their assigned regions.”

Menkes v. U.S. Dep't of Homeland Sec., 637 F.3d 319 (D.C. Cir. 2011). · cites it 2× “" 46 U.S.C. § 9303 (a). If a pilot meets these "conditions for service," id.”

Am. Great Lakes Ports Ass'n v. Zukunft, 296 F. Supp. 3d 27 (D.C. Cir. 2017). · cites it 2× “" 46 U.S.C. § 9303 (a), (f). Thus, the Coast Guard determines the base pilotage rates that foreign vessels must pay to hire American maritime pilots to navigate the Great Lakes and reviews and adjusts these rates annually.”

Am. Great Lakes Ports Ass'n v. Zukunft, 301 F. Supp. 3d 99 (D.C. Cir. 2018). “The Coast Guard's statutory rate-making authority is governed by 46 U.S.C. § 9303 (f). It provides in relevant part that the Coast Guard "shall prescribe by regulation rates and charges for pilotage services, giving consideration to the public interest and the costs of providing…”

St. Lawrence Seaway Pilots Ass'n v. United States Coast Guard, 85 F. Supp. 3d 197 (D.D.C. 2015). “The Secretary of Transportation has delegated to the Coast Guard’s Director of the Great Lakes Pilotage Office the authority to set rates the pilots may charge for their services, 46 U.S.C. § 9303 (f). The statute does not provide a formula or method for setting these rates.”

Menkes v. US Dept. of Homeland SEC., 402 F. Supp. 2d 204 (D.D.C. 2005). “registered pilots to ensure the “efficient dispatching of vessels and rendering of pilotage services.” 46 U.S.C. § 9304 (a) (2000). When the authorized pilotage pool is not providing adequate pilotage service because of physical or economic inability, the Director of Great Lakes…”

Am. Great Lakes Ports Ass'n v. United States Coast Guard (D.D.C. 2020). · cites it 3× “” 46 U.S.C. § 9303 (f). The statute requires the Coast Guard to conduct a full ratemaking every five years and an annual review each year.”

St. Lawrence Seaway Pilots' Ass'n v. Collins, 362 F. Supp. 2d 59 (D.D.C. 2005). · cites it 2× “46 U.S.C. § 9303 (f). The Secretary has delegated this ratemaking authority to the Commandant of the Coast Guard (“Commandant”) pursuant to 46 U.”

Am. Great Lakes Ports Ass'n v. Zukunft (D.D.C. 2017). “46 U.S.C. § 9303 (f). There is of course a strong public interest in maintaining safe pilotage.”

Am. Great Lakes Ports Ass'n v. Zukunft (D.D.C. 2018). “2009) (holding that second Allied–Signal factor weighed against vacatur because vacating the rule “would have required HHS to make payments to those 1 The Coast Guard’s statutory rate-making authority is governed by 46 U.S.C. § 9303 (f). It provides in relevant part that the…”

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