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Page:United States Statutes at Large Volume 97.djvu/556

 97 STAT. 524 PUBLIC LAW 98-89—AUG. 26, 1983 § 3707. Tanker minimum standards (a) A new tanker of at least 10,000 gross tons shall be equipped with— (1) 2 remote steering gear control systems operable separately from the navigating bridge; (2) the main steering gear control in the steering gear compartment; (3) means of communications and rudder angle indicators on the navigating bridge, a remote steering gear control station, and the steering gear compartment; (4) at least 2 identical and adequate power units for the main steering gear; (5) an alternative and adequate power supply, either from an emergency source of electrical power or from another independ- ent source of power located in the steering gear compartment; and (6) means of automatic starting and stopping of power units with attendant alarms at all steering stations. (b) An existing tanker of at least 10,000 gross tons shall be equipped with— (1) 2 remote steering gear control systems operable separately from the navigating bridge; (2) the main steering gear control in the steering gear com- psutment; and (3) means of communications and rudder angle indicators on the navigating bridge, a remote steering gear control station, and the steering gear compartment. § 3708. Self-propelled tank vessel minimum standards A self-propelled tank vessel of at least 10,000 gross tons shall be equipped with— (1) a dual radar system with short-range and long-range capabilities, each with true-north features; (2) an electronic relative motion analyzer that is at least functionally equivalent to equipment complying with specifica- tions established by the Secretary of Transportation; (3) an electronic position-fixing device; (4) adequate communications equipment; (5) a sonic depth finder; (6) a gyrocompass; and (7) up-to-date charts. §3709. Exemptions The Secretary may exempt a vessel from the minimum require- ments established by sections 3704-3706 of this title for segregated ballast, crude oil washing, and dedicated clean ballast if the Secre- tary decides that shore-based reception facilities are a preferred method of handling ballast and that adequate facilities are readily available. §3710. Evidence of compliance by vessels of the United States (a) A vessel of the United States to which this chapter applies that has on board oil or hazardous material in bulk as cargo or cargo residue must have a certificate of inspection issued under this part, endorsed to indicate that the vessel complies with regulations pre- scribed under this chapter.

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Page:United States Statutes at Large Volume 97.djvu/557

 PUBLIC LAW 98-89 —AUG. 26, 1983 97 STAT. 525 (b) Each certificate endorsed under this section is valid for not more than 24 months and may be renewed as specified by the Secretary. In appropriate circumstances, the Secretary may issue a temporary certificate valid for not more than 30 days. A certificate shall be suspended or revoked if the Secretary finds that the vessel does not comply with the conditions under which the certificate was issued. § 3711. Evidence of compliance by foreign vessels (a) A foreign vessel to which this chapter applies may operate on the navigable waters of the United States, or transfer oil or hazard- ous material in a port or place under the jurisdiction of the United States, only if the vessel has been issued a certificate of compliance by the Secretary. The Secretary may issue the certificate only after the vessel has been examined and found to be in compliance with this chapter and regulations prescribed under this chapter. The Secretary may accept any part of a certificate, endorsement, or document, issued by the government of a foreign country under a treaty, convention, or other international agreement to which the United States is a party, as a basis for issuing a certificate of compliemce. (b) A certificate issued under this section is valid for not more than 24 months and may be renewed as specified by the Secretary. In appropriate circumstances, the Secretary may issue a temporary certificate valid for not more than 30 days. (c) A certificate shall be suspended or revoked if the Secretary finds that the vessel does not comply with the conditions under which the certificate was issued. § 3712. Notification of noncompliance The Secretary shall notify the owner, charterer, managing opera- tor, agent, master, or individual in charge of a vessel found not to be in compliance with a regulation prescribed under this part and state how compliance may be achieved. § 3713. Prohibited acts (a) A person may not— (1) violate this chapter or a regulation prescribed under this chapter; (2) refuse to permit any official, authorized by the Secretary to enforce this chapter, to board a vessel or to enter a shore area, place, or premises, under a person's control to make an inspection under this chapter; or (3) refuse to obey a lawful directive issued under this chapter. (b) A vessel to which this chapter applies may not— (1) operate on the navigable waters of the United States or use a port or place subject to the jurisdiction of the United States when not in compliance with this chapter or a regulation prescribed under this chapter; (2) fail to comply with a lawful directive issued under this chapter; or (3) carry a type or grade of oil or hazardous material in bulk as cargo or cargo residue unless its certificate is endorsed to allow that carriage. Temporary certificate. Temporary certificate.

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Page:United States Statutes at Large Volume 97.djvu/558

 97 STAT. 526 PUBLIC LAW 98-89 —AUG. 26, 1983 Contracts. Regulations on fees. Necessary documents. Regulations. § 3714. Inspection and examination (a)(1) The Secretary shall have each vessel to which this chapter applies inspected or examined at least once each year. (2) Each of those vessels that is more than 10 years of age shall undergo a special and detailed inspection of structural strength and hull integrity as specified by the Secretary. (3) The Secretary may make contracts for conducting inspections or examinations in the United States and in foreign countries. An inspector conducting an inspection or examination under contract may not issue a certificate of inspection or a certificate of compli- ance, but the inspector may issue a temporary certificate. (4) The Secretary shall prescribe by regulation reasonable fees for an inspection or examination conducted under this section outside the United States, or which, when involving a foreign vessel, is conducted under a contract authorized by paragraph (3) of this subsection. The owner, charter, or managing operator of a vessel inspected or examined by the Secretary is liable for the fees. Amounts received as fees shall be deposited in the Treasury. (5) The Secretary may allow provisional entry of a vessel to conduct an inspection or examination under this chapter. (b) Each vessel to which this chapter applies shall have on board those documents the Secretary considers necessary for inspection and enforcement, including documents listing— (1) the type, grade, and approximate quantities of cargo on board; (2) the shipper and consignee of the cargo; (3) the places of origin and destination of the vessel; and (4) the name of an agent in the United States authorized to accept service of legal process. (c) Each vessel to which this chapter applies that operates in the United States shall have a person designated as authorized to accept service of legal process for the vessel. § 3715. Lightering (a) A vessel may transfer oil or hazardous material in a port or place subject to the jurisdiction of the United States, when the cargo has been transferred from another vessel on the navigable waters of the United States or in the marine environment, only if— (1) the transfer WEIS conducted consistent with regulations prescribed by the Secretary; and (2) both the delivering and receiving vessels had on board, at the time of transfer, a certificate of inspection or a certificate of compliance, as would have been required under section 3710 or 3711 of this title, had the transfer taken place in a port or place subject to the jurisdiction of the United States. (b) The Secretary shall prescribe regulations to carry out subsec- tion (a) of this section. The regulations shall include provisions on— (1) minimum safe operating conditions, including sea state, wave height, weather, proximity to channels or shipping lanes, and other similar factors; (2) the prevention of spills; (3) equipment for responding to a spill; (4) the prevention of any unreasonable interference with navigation or other reasonable uses of the high seas, as those uses are defined by treaty, convention, or customary interna- tional law;

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90 Dicky, who rejoiced that his favourite sister was safely arrived. The mother bird now went back to Pecksy, who was waiting with her father till she returned; for the good parent chose to leave the female part of his family to the particular management of their mother.

Pecksy was fully prepared for her flight, for she had attentively observed the instruction given to the others, and also their errors; she therefore kept the happy medium betwixt self-conceit and timidity, indulging that moderated emulation which ought to possess every young heart; and resolving that neither her inferiors nor equals should soar above her, she sprang from the ground, and, with a steadiness and agility wonderful for her first essay, followed her mother to the nest, who, instead of stopping to rest herself there, flew to a neighbouring tree, that she might be at hand to assist Robin, should he repent of his folly. But Robin disappointed her hopes, for he sat sulky; though convinced he had been in the wrong, he would not humble himself to his father, who therefore resolved to leave him a little while, and return to the nest.

As soon as Robin found himself deserted, instead

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Page:United States Statutes at Large Volume 97.djvu/559

 PUBLIC LAW 98-89 —AUG. 26, 1983 97 STAT. 527 (5) the establishment of lightering zones; and (6) requirements for communication and prearrival messages. §3716. Tank washings (a) A vessel may not transfer cargo in a port or place subject to the jurisdiction of the United States if, before arriving, the vessel has discharged tank washings containing oil or hazardous material in preparation for loading at that port or place in violation of the laws of the United States or in a manner or quantities inconsistent with a treaty to which the United States is a party. (b) The Secretary shall establish effective control and supervisory measures to carry out this section. § 3717. Marine safety information system (a) The Secretary shall establish a marine safety information system that shall contain information about each vessel to which this chapter applies that operates on the navigable waters of the United States, or that transfers oil or hazardous material in a port or place under the jurisdiction of the United States. In acquiring this information, the Secretary shall make full use of publicly available information. The Secretary may by regulation require the vessel to provide information that the Secretary considers necessary to carry out this subsection, including— (1) the name of each person with an ownership interest in the vessel; (2) details of compliance with the financial responsibility requirements of applicable laws or regulations; (3) registration information, including all changes in the name of the vessel; (4) the history of marine casualties and serious repair prob- lems of the vessel; and (5) a record of all inspections and examinations of a vessel conducted under section 3714 of this title. (b) On written request from the Secretary, the head of each department, agency, or instrumentality of the United States Gov- ernment shall provide available information that the Secretary considers necessary to confirm the information received under sub- section (a) of this section. § 3718. Penalties (a)(1) A person violating this chapter or a regulation prescribed under this chapter is liable to the United States Government for a civil penalty of not more than $25,000. Each day of a continuing violation is a separate violation. (2) Each vessel to which this chapter applies that is operated in violation of this chapter or a regulation prescribed under this chapter is liable in rem for a civil penalty under this subsection. (h) A person willfully and knowingly violating this chapter or a regulation prescribed under this chapter shall be fined not more than $50,000, imprisoned for not more than 5 years, or both. (c) Instead of the penalties provided by subsection (b) of this section, a person willfully and knowingly violating this chapter or a regulation prescribed under this chapter, and using a dangerous weapon, or engaging in conduct that causes bodily injury or fear of imminent bodily injury to an official authorized to enforce this chapter or a regulation prescribed under this chapter, shall be fined Control and supervisory measures. Information confirmation.

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Page:United States Statutes at Large Volume 97.djvu/560

 97 STAT. 528 PUBLIC LAW 98-89 —AUG. 26, 1983 not more than $100,000, imprisoned for not more than 10 years, or both. District court (d) The district courts of the United States have jurisdiction to jurisdiction. restrain a violation of this chapter or a regulation prescribed under this chapter. (e) At the request of the Secretary, the Secretary of the Treasury shall withhold or revoke the clearance required by section 4197 of the Revised Statutes (46 App. U.S.C. 91) of a vessel the owner or operator of which is subject to a penalty under this section. Clear- ance may be granted on filing a bond or other surety satisfactory to the Secretary. CHAPTER 39—CARRIAGE OF ANIMALS Sec. 3901. Regulations for accommodations for export animals. 3902. Penalties. § 3901. Regulations for accommodations for export animals The Secretary of Agriculture may prescribe regulations governing the accommodations on board vessels for cattle, horses, mules, asses, sheep, goats, and swine to be carried from the United States to a foreign country. The regulations shall prescribe standards for space, ventilation, fittings, food and water supply, and other requirements the Secretary of Agriculture considers necessary for the safe and proper transportation and humane treatment of those animals. The Secretary of Agriculture may examine any vessel the Secretary of Agriculture considers necessary to carry out this chapter. § 3902. Penalties When the owner, charterer, managing operator, agent, master, or individual in charge of a vessel carrying animals referred to in section 3901 of this title willfully violates, or causes or permits to be violated, a regulation prescribed under this chapter, the vessel may be prohibited from carrying any such animals from the United States for a period, of not more than one year, that the Secretary of Agriculture directs. The vessel may not be cleared from a port of the United States during that period. CHAPTER 41—UNINSPECTED VESSELS Sec. 4101. Application. 4102. Safety equipment. 4103. Exemptions. 4104. Regulations. 4105. Uninspected passenger vessels. 4106. Penalties. § 4101. Application This chapter applies to an uninspected vessel— (1) on the navigable waters of the United States; or (2) owned in the United States and operating on the high seas. § 4102. Safety equipment (a) Each uninspected vessel propelled by machinery shall be pro- vided with the number, type, and size of fire extinguishers, capable of promptly and effectively extinguishing burning liquid fuel, that may be prescribed by regulation. The fire extinguishers shall be

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Page:United States Statutes at Large Volume 97.djvu/561

 PUBLIC LAW 98-89—AUG. 26, 1983 97 STAT. 529 kept in condition for immediate and effective use and so placed as to be readily accessible. (b) Each uninspected vessel propelled by machinery shall carry at least one readily accessible life preserver or other lifesaving device, of the type prescribed by regulation, for each individual on board. (c) Each uninspected vessel shall have the carburetors of each engine of the vessel (except an outboard motor) using gasoline as fuel, equipped with an efficient flame arrester, bacldFire trap, or other similar device prescribed by regulation. (d) Each uninspected vessel using a volatile liquid as fuel shall be provided with the means prescribed by regulation for properly and efficiently ventilating the bilges of the engine and fuel tank com- partments, so as to remove any explosive or flammable gases. § 4103. Exemptions Section 4102(a) of this title does not apply to a vessel propelled by outboard motors when competing in a race previously arranged and announced or, if the vessel is designed and intended only for racing, when operated incidental to tuning up the vessel and its engines for the race. § 4104. Regulations The Secretary shall prescribe regulations to carry out this chapter. § 4105. Uninspected passenger vessels Chapter 43 of this title applies to an uninspected passenger vessel, infra. § 4106. Penalties If a vessel to which this chapter applies is operated in violation of this chapter or a regulation prescribed under this chapter, the owner, charterer, managing operator, agent, master, and individual in charge are each liable to the United States Government for a civil penalty of $100. The vessel also is liable in rem for the penalty. CHAPTER 43—RECREATIONAL VESSELS Sec. 4301. Application. 4302. Regulations. 4303. Inspection and testing. 4304. Importation of nonconforming vessels and equipment. 4305. Exemptions. 4306. Federal preemption. 4307. Prohibited acts. 4308. Termination of unsafe operation. 4309. Investigation and reporting. 4310. Repair and replacement of defects. 4311. Penalties and injunctions. §4301. Application (a) This chapter applies to a recreational vessel and associated equipment carried in the vessel on waters subject to the jurisdiction of the United States and, for a vessel owned in the United States, on the high seas. (b) Except when expressly otherwise provided, this chapter does not apply to a foreign vessel temporarily operating on waters subject to the jurisdiction of the United States.

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Page:United States Statutes at Large Volume 97.djvu/562

 97 STAT. 530 PUBLIC LAW 98-89 —AUG. 26, 1983 (c) Until there is a final judicial decision that they are navigable waters of the United States, the following waters lying entirely in New Hampshire are declared not to be waters subject to the jurisdic- tion of the United States within the meaning of this section: Lake Winnisquam, Lake Winnipesaukee, parts of the Merrimack River, and their tributary and connecting waters. § 4302. Regulations (a) The Secretary may prescribe regulations— (1) establishing minimum safety standards for recreational vessels and associated equipment, and establishing procedures and tests required to measure conformance with those stand- ards, with each standard— (A) meeting the need for recreational vessel safety; and (B) being stated, insofar as practicable, in terms of performgmce; (2) requiring the installation, carrying, or use of associated equipment (including fuel systems, ventilation systems, electri- cal systems, sound-producing devices, firefighting equipment, lifesaving devices, signaling devices, ground tackle, life- and grab-rails, and navigational equipment) on recreational vessels and classes of recreational vessels subject to this chapter, and prohibiting the installation, carrying, or use of associated equip- ment that does not conform with safety standards established under this section; and (3) requiring or permitting the display of seals, labels, plates, insignia, or other devices for certifying or evidencing compli- ance with safety regulations and standards of the United States Government for recreational vessels and associated equipment. Effective (b) Each regulation prescribed under this section shall specify an ^^- effective date that is not earlier than 180 days from the date the regulation was published, unless the Secretary finds that there exists a recreational vessel safety hazard so critical as to require an earlier effective date. However, this period may not be more than 24 months for cases involving, in the discretion of the Secretary, major product design, retooling, or major changes in the manufacturing process. (c) In prescribing regulations under this section, the Secretary shall, among other things— (1) consider the need for and the extent to which the regula- tions will contribute to recreational vessel safety; (2) consider relevant available recreational vessel safety standards, statistics, and data, including public and private research, development, testing, and evaluation; (3) not compel substantial alteration of a recreational vessel or item of associated equipment that is in existence, or the construction or manufacture of which is begun before the effec- tive date of the regulation, but subject to that limitation may require compliance or performance, to avoid a substantial risk of personal injury to the public, that the Secretary considers appropriate in relation to the degree of hazard that the compli- ance will correct; and (4) consult with the National Boating Safety Advisory Council Post, p. 598. established under section 13110 of this title about the consider- ations referred to in clauses (l)-(3) of this subsection. Post, p. 555. (d) Section 8903 of this title does not apply to a vessel being operated for bona fide dealer demonstrations provided without fee to

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Page:United States Statutes at Large Volume 97.djvu/563

 PUBLIC LAW 98-89—AUG. 26, 1983 97 STAT. 531 business invitees. However, if on the basis of substantial evidence, the Secretary decides under this section that requiring vessels so operated to be under the control of licensed individuals is necessary for boating safety, then the Secretary may prescribe regulations requiring the licensing of individuals controlling these vessels in the same manner as provided in chapter 89 of this title for individuals Post, p. 555. in control of vessels carr5ring passengers for hire. § 4303. Inspection and testing (a) Subject to regulations, supervision, and reviews that the Secre- tary may prescribe, the Secretary may delegate to a person, private or public agency, or organization, or to an officer or employee under the supervision of that person or agency, any work, business, or function related to the testing, inspection, and examination neces- sary for compliance enforcement and for the development of data to enable the Secretary to prescribe regulations under section 4302 of this title. (b) The Secretary may— (1) conduct research, testing, and development necessary to carry out this chapter, including the procurement by negotia- tion or otherwise of experimental and other recreational vessels or associated equipment for research and testing purposes; and (2) subsequently sell those vessels. § 4304. Importation of nonconforming vessels and equipment The Secretary and the Secretary of the Treasury may authorize by joint regulations the importation of any nonconforming recre- ational vessel or associated equipment on conditions, including pro- viding a bond, that will ensure that the recreational vessel or Eissociated equipment will be Jbrought into conformity with applica- ble safety regulations and standards of the Government before the vessel or equipment is operated on waters subject to the jurisdiction of the United States. § 4305. Exemptions If the Secretary considers that recreational vessel safety will not be adversely affected, the Secretary may issue an exemption from this chapter or a regulation prescribed under this chapter. § 4306. Federal preemption Unless permitted by the Secreta^ under section 4305 of this title, a State or political subdivision of a State may not establish, continue in effect, or enforce a law or regulation establishing a recreational vessel or associated equipment performance or other safety standard or imposing a requirement for associated equipment (except insofar as the State or political subdivision may, in the absence of the Secretary's disapproval, regulate the carrying or use of marine safety articles to meet uniquely hazardous conditions or circum- stances within the State) that is not identical to a regulation pre- scribed under section 4302 of this title. § 4307. Prohibited acts (a) A person may not— (1) manufacture, construct, assemble, sell or offer for sale, introduce or deliver for introduction into interstate commerce, or import into the United States, a recreational vessel, associat- ed equipment, or component of the vessel or equipment unless—

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Page:United States Statutes at Large Volume 97.djvu/564

 97 STAT. 532 PUBLIC LAW 98-89 —AUG. 26, 1983 Trade secrets and other confidential information, disclosure. 18 USC 1905. 5 USC 552, 18 USC 1905. "Associated equipment." (A) it conforms with this chapter or a regulation pre- scribed under this chapter; or (B) it is intended only for export and is so labeled, tagged, or marked on the recreational vessel or equipment, includ- ing any markings on the outside of the container in which it is to be exported; (2) affix, attach, or display a seal, document, label, plate, insignia, or other device indicating or suggesting compliance with standards of the United States Government on, in, or in connection with, a recreational vessel or item of associated equipment that is false or misleading; or (3) fail to provide a notification as required by this chapter or fail to exercise reasonable diligence in carrying out the notifica- tion and reporting requirements of this chapter. (b) A person may not operate a vessel in violation of this chapter or a regulation prescribed under this chapter. § 4308. Termination of unsafe operation If an official charged with the enforcement of this chapter observes a recreational vessel being operated without sufficient lifesaving or firefighting devices or in an overloaded or other unsafe condition (as defined in regulations prescribed under this chapter) and, in the judgment of the official, the operation creates an espe- cially hazardous condition, the official may direct the operator of the recreational vessel to take immediate and reasonable steps neces- sary for the safety of individuals on board the vessel, including directing the operator to return to a mooring and to remain there until the situation creating the hazard is corrected or ended. § 4309. Investigation and reporting (a) A recreational vessel manufacturer to whom this chapter applies shall establish and maintain records and reports and provide information the Secretary may require to enable the Secretary to decide whether the manufacturer has acted or is acting in compli- ance with this chapter and regulations prescribed under this chap- ter. On request of an officer, employee, or agent authorized by the Secretary, a recreational vessel manufacturer shall permit the offi- cer, employee, or agent to inspect, at reasonable times, factories or other facilities, and records related to deciding whether the manu- facturer has acted or is acting in compliance with this chapter and regulations prescribed under this chapter. (b) Information reported to or otherwise obtained by the Secretary or the representative of the Secretary under this section containing or related to a trade secret or other matter referred to in section 1905 of title 18, or authorized to be exempt from public disclosure by section 5520)) of title 5, is confidential under section 1905. However, on approval of the Secretary, the information may be disclosed to other officers, employees, or agents concerned with carrying out this chapter or when it is relevant in a proceeding under this chapter. § 4310. Repair and replacement of defects (a) In this section, "associated equipment" includes only items or classes of associated equipment that the Secretary shall prescribe by regulation after deciding that the application of the requirements of this section to those items or classes of associated equipment is reasonable and in furtherance of this chapter.

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Page:United States Statutes at Large Volume 97.djvu/565

 PUBLIC LAW 98-89 —AUG. 26, 1983 97 STAT. 533 (b) If a recreational vessel or associated equipment has left the place of manufacture and the recreational vessel manufacturer discovers or acquires information that the manufacturer decides, in the exercise of reasonable and prudent judgment, indicates that a recreational vessel or associated equipment subject to an applicable regulation prescribed under section 4302 of this title either fails to comply with the regulation, or contsdns a defect that creates a substantial risk of personal injury to the public, the manufacturer shall provide notification of the defect or failure of compliance as provided by subsections (c) and (d) of this section within a reasonable time after the manufacturer has discovered the defect. (c)(l) The notification required by subsection (b) of this section shall be given to the following persons in the following manner: (A) by certified mail to the first purchaser for other than resale, except that the requirement for notification of the first purchaser shall be satisfied if the recreational vessel manufac- turer exercises reasonable diligence in establishing and main- taining a list of those purchasers and their current addresses, and sends the required notice to each person on that list at the address appearing on the list. (B) by certified mail to subsequent purchasers if known to the manufacturer. (C) by certified mail or other more expeditious means to the dealers and distributors of the recreational vessels or associated equipment. (2) The notification required by subsection (b) of this section is required to be given only for a defect or failure of compliance discovered by the recreational vessel msmufacturer within a reason- able time after the manufacturer has discovered the defect or failure, except that the manufacturer's duty of notification under paragraph (1)(A) and (B) of this subsection applies only to a defect or failure of compliance discovered by the manufacturer within one of the following appropriate periods: (A) if a recreational vessel or associated equipment required by regulation to have a date of certification affixed, 5 years from the date of certification. (B) if a recreational vessel or associated equipment not required by regulation to have a date of certification affixed, 5 years from the date of manufacture. (d) The notification required by subsection (b) of this section shall contain a clear description of the defect or failure to comply, an evaluation of the hazard reeisonably related to the defect or failure, a statement of the measures to correct the defect or failure, and an undertaking by the recreational vessel manufacturer to take those measures only at the manufacturer's cost and expense. (e) Each recreational vessel manufacturer shall provide the Secre- tary with a copy of all notices, bulletins, and other communications to dealers and distributors of that manufacturer, and to purchasers of recreational vessels or associated equipment of that manufac- turer, about a defect related to safety in the recreational vessels or associated equipment, and any failure to comply with the regulation or order applicable to the recreational vessels or associated equip- ment. The Secretary may publish or otherwise disclose to the public information in the notices or other information the Secretary has that the Secretary considers will assist in carrying out this chapter. However, the Secretary may disclose any information that contains Notification of defect or failure of compliance. Persons to be notified. Notification contents. Information disclosure.

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Page:United States Statutes at Large Volume 97.djvu/566

 97 STAT. 534 PUBLIC LAW 98-89 —AUG. 26, 1983 Notification of manufacturer by Secretary. Publication in Federal Register. or relates to a trade secret only if the Secretary decides that the information is necessary to carry out this chapter. (f) If, through testing, inspection, investigation, or examination of reports, the Secretary decides that a recreational vessel or asso- ciated equipment to which this chapter applies contains a defect related to safety or fails to comply with an applicable regulation prescribed under this chapter and notification under this chapter is appropriate, the Secretary shall notify the recreational vessel manu- facturer of the defect or failure. The notice shall contain the find- ings of the Secretary and shall include a S3niopsis of the information on which they are based. The manufacturer may then provide the notification required by this chapter to the persons designated in this chapter or dispute the Secretary's decision. If disputed, the Secretary shall provide the manufacturer with an opportunity to present views and establish that there is no such defect or failure. When the Secretary considers it to be in the public interest, the Secretary may publish notice of the proceeding in the Federal Register and provide interested persons, including the National Boating Safety Advisory Council, with an opportunity to comment. If, after presentation by the manufacturer, the Secretary decides that the recreational vessel or associated equipment contains a defect related to safety or fails to comply with an applicable regula- tion, the Secretary may direct the manufacturer to provide the notifications specified in this chapter. (g) The Secretary may prescribe regulations to carry out this section, including the establishment of procedures that require deal- ers and distributors to assist manufacturers in obtaining informa- tion required by this section. A regulation prescribed under this subsection does not relieve a manufacturer of any obligation imposed by this section. § 4311. Penalties and iiyunetions (a) A person willfully operating a recreational vessel in violation of this chapter or a regulation prescribed under this chapter shall be fined not more than $5,000, imprisoned for not more than one year, or both. (b) A person violating section 4307(a)(1) of this title is liable to the United States Government for a civil penalty of not more than $2,000, except that the maximum civil penalty may be not more than $100,000 for a related series of violations. When a corporation violates section 4307(a)(l), any director, officer, or execu- tive employee of the corporation who knowingly and willfully or- dered, or knowingly and willfully authorized, a violation is individ- ually liable to the Government for the penalty, in addition to the corporation. However, the director, officer, or executive employee is not liable individually under this subsection if the director, officer, or executive employee can demonstrate by a preponderance of the evidence that— (1) the order or authorization was issued on the basis of a decision, in exercising reasonable and prudent judgment, that the nonconformity with standards and regulations constituting the violation would not cause or constitute a substantial risk of personal injury to the public; and (2) at the time of the order or authorization, the director, officer, or executive employee advised the Secretary in writing of acting under this clause and clause (1) of this subsection.

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Page:United States Statutes at Large Volume 97.djvu/567

 PUBLIC LAW 98-89—AUG. 26, 1983 97 STAT. 535 (c) A person violating any other provision of this chapter or other regulation prescribed under this chapter is liable to the Government for a civil penalty of not more than $1,000. If the violation involves the operation of a vessel, the vessel also is liable in rem for the penalty. (d) When a civil penalty of not more than $200 has been assessed under this chapter, the Secretary may refer the matter of collection of the penalty directly to the United States magistrate of the jurisdiction in which the person liable may be found for collection procedures under supervision of the district court and under an order issued by the court delegating this authority under section 636(b) of title 28. (e) The district courts of the United States have jurisdiction to restrain a violation of this chapter, or to restrain the sale, offer for sale, introduction or delivery for introduction into interstate com- merce, or importation into the United States, of a recreational vessel or associated equipment that the court decides does not conform to safety standarck of the Government. A civil action under this subsection shall be brought by filing a petition by the Attorney General for the Government. When practicable, the Secretary shall give notice to a person against whom an action for injunctive relief is contemplated and provide the person with an opportunity to present views and, except for a knowing and willful violation, shall provide the person with a reasonable opportunity to achieve compli- ance. The failure to give notice and provide the opportunity does not preclude the granting of appropriate relief by the district court. (f) A person is not subject to a penalty under this chapter if the person— (1) establishes that the person did not have reason to know, in exercising reasonable care, that a recreational vessel or associ- ated equipment does not conform with the applicable safety standards of the Government; or (2) holds a certificate issued by the manufacturer of that recreational vessel or associated equipment to the effect that the recreational vessel or associated equipment conforms to all applicable recreational vessel safety standards of the Govern- ment, unless the person knows or reasonably should have known that the recreational vessel or associated equipment does not so conform. (g) Compliance with this chapter or standards, regulations, or orders prescribed under this chapter does not relieve a person from liability at common law or under State law. Collection. 28 USC 636. Notification. [PART C—RESERVED FOR LOAD LINES OF VESSELS] PART D—MARINE CASUALTIES CHAPTER 61—REPORTING MARINE CASUALTIES Sec. 6101. Marine casualties and reporting. 6102. State marine casualty reporting system. 6103. Penalty.

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Page:United States Statutes at Large Volume 97.djvu/568

 97 STAT. 536 PUBLIC LAW 98-89 —AUG. 26, 1983 § 6101. Marine casualties and reporting Regulations. (a) The Secretary shall prescribe regulations on the marine casu- alties and incidents to be reported and the manner of reporting. The r^ulations shall require reporting the following marine casualties: (1) death of an individual. (2) serious injury to an individual. (3) material loss of property. (4) material damage affecting the seaworthiness or efficiency of the vessel. Qo) A marine casualty shall be reported within 5 days as provided in this part and regulations prescribed under this part. (c) When the owner, charterer, managing operator, or agent of a vessel of the United States has reason to believe (because of lack of communication with or nonappearance of a vessel or any other incident) that the vessel may have been lost or imperiled, the owner, charterer, managing operator, or agent immediately shall attempt to determine the status of the vessel. If the owner, charterer, managing operator, or agent cannot determine the status of the vessel, the owner, charterer, managing operator, or agent immedi- ately shall notify the Coast Guard and provide the name and identification number of the vessel, the names of individuals on board, and any other information that may be requested by the Coast Guard. (d) This part applies to a foreign vessel when involved in a marine casualty on the navigable waters of the United States. (e) A marine casualty not resulting in the death of an individual shall be classified according to the gravity of the casualty, as prescribed by regulation, giving consideration to the extent of inju- ries to individuals, the extent of property damage, the dangers that the casualty creates, and the size, occupation, and means of propul- sion of each vessel involved. § 6102. State marine casualty reporting system Regulations. (a) The Secretary shall prescribe regulations for a uniform State marine casualty reporting system for vessels. Regulations shall prescribe the casualties to be reported and the manner of reporting. A State shall compile and submit to the Secretary reports, informa- tion, and statistics on casualties reported to the State. (b) The Secretary shall collect, analyze, and publish reports, infor- mation, and statistics on marine casualties together with findings and recommendations the Secretary considers appropriate. If a State marine casualty reporting system provides that information derived from casualty reports (except statistical information) may not be publicly disclosed, or otherwise prohibits use by the State or any person in any action or proceeding against a person, the Secre- tary may use the information provided by the State only in the same way that the State may use the information. § 6103. Penalty An owner, charterer, managing operator, agent, master, or indi- vidual in charge of a vessel failing to report a casualty or incident as required under section 6101 of this title or a regulation prescribed under section 6101 is liable to the United States Government for a civil penalty of $1,000.

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 PUBLIC LAW 98-89 —AUG. 26, 1983 97 STAT. 537 CHAPTER 63—INVESTIGATING MARINE CASUALTIES Sec. 6301. Investigation of marine casualties. 6302. Public investigations. 6303. Rights of parties in interest. 6304. Subpena authority. 6305. Reports of investigations. 6306. Penalty. 6307. Notifications to Congress. § 6301. Investigation of marine casualties The Secretary shall prescribe regulations for the immediate inves- Regulations, tigation of marine casualties under this part to decide, as closely as possible— (1) the cause of the casualty, including the cause of any death; (2) whether an act of misconduct, incompetence, negligence, unskillfulness, or willful violation of law committed by any individual licensed, certificated, or documented under part E of this subtitle has contributed to the cause of the casualty, or to a Post, p. 538. death involved in the casualty, so that appropriate remedial action under chapter 77 of this title may be taken; Post, p. 546. (3) whether an act of misconduct, incompetence, negligence, unskillfulness, or willful violation of law committed by any person, including an officer, employee, or member of the Coast Guard, contributed to the cause of the casualty, or to a death involved in the casualty; (4) whether there is evidence that an act subjecting the offender to a civil penalty under the laws of the United States has been committed, so that appropriate action may be under- taken to collect the penalty; (5) whether there is evidence that a criminal act under the laws of the United States has been committed, so that the matter may be referred to appropriate authorities for prosecu- tion; and (6) whether there is need for new laws or regulations, or amendment or repeal of existing laws or regulations, to prevent the recurrence of the casualty. § 6302. Public investigations Each investigation conducted under this chapter and regulations prescribed under this chapter shall be open to the public, except when evidence affecting the national security is to be received. § 6303. Rights of parties in interest In an investigation conducted under this chapter, the following shall be allowed to be represented by counsel, to cross-examine witnesses, and to call witnesses: (1) an owner, (2) any holder of a license or certificate of registry, (3) any holder of a merchant mariner's document, (4) any other person whose conduct is under investigation, and (5) any other party in interest.

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 97 STAT. 538 PUBLIC LAW 98-89 —AUG. 26, 1983 Regulations. Public availability. Annual summary. § 6304. Subpena authority (a) In an investigation under this chapter, the attendance and testimony of witnesses, including parties in interest, and the produc- tion of any evidence may be compelled by subpena. The subpena authority gremted by this section is coextensive with that of a district court of the United States, in civil matters, for the district in which the investigation is conducted. (b) When a person fails to obey a subpena issued under this section, the district court of the United States for the district in which the investigation is conducted or in which the person failing to obey is found, shall on proper application issue an order directing that person to comply with the subpena. The court may punish as contempt any disobedience of its order. (c) A witness complying with a subpena issued under this section may be paid for actual travel and attendance at the rate provided for witnesses in the district courts of the United States. (d) An official designated to conduct an investigation under this part may issue subpenas as provided in this section and administer oaths to witnesses. § 6305. Reports of investigations (a) The Secretary shall prescribe regulations about the form and manner of reports of investigations conducted under this part. (b) Reports of investigations conducted under this part shall be made available to the public, except to the extent that they contain information related to the national security. § 6306. Penalty A person attempting to coerce a witness, or to induce a witness, to testify falsely in connection with a marine casualty, or to induce a witness to leave the jurisdiction of the United States, shall be fined $5,000, imprisoned for one year, or both. § 6307. NotiHcations to Congress (a) The Secretary shall notify the Committee on Commerce, Sci- ence, and Transportation of the Senate and the Committee on Merchant Marine and Fisheries of the House of Representatives of any hearing, before the hearing occurs, investigating a major marine casualty involving a death under section 6301 of this title. (b) The Secretary shall submit to a committee referred to in subsection (a) of this section information on a major marine casualty that is requested by that committee or the chairman of the commit- tee if the submission of that information is not prohibited by a law of the United States. (c) The Secretary shall submit annually to Congress a summary of the marine casualties reported during the prior fiscal year, together with a brief statement of action taken concerning those casualties. PART E—LICENSES, CERTIFICATES, AND MERCHANT MARINERS* DOCUMENTS CHAPTER 71—LICENSES AND CERTIFICATES OF REGISTRY Sec. 7101. Issuing and classifying licenses and certificates of registry.

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 PUBLIC LAW 98-89 —AUG. 26, 1983 97 STAT. 539 7102. Citizenship. 7103. Licenses for radio officers. 7104. Certificates for medical doctors and nurses. 7105. Oaths. 7106. Duration of licenses. 7107. Duration of certificates of registry. 7108. Termination of licenses and certificates of registry. 7109. Renewal of licenses. 7110. Exhibiting licenses. 7111. Licenses for fishing vessels not subject to inspection. 7112. Licenses of masters or mates as pilots. 7113. Exemption from draft. 7114. Fees. § 7101. Issuing and classifying licenses and certiHcates of registry (a) Licenses and certificates of registry are established for individ- uals who are required to hold licenses or certificates under this subtitle. (b) Under regulations prescribed by the Secretary, the Secretary— (1) issues the licenses and certificates of registry; and (2) may classify the licenses and certificates of registry as provided in subsections (c) and (f) of this section, based on— (A) the tonnage, means of propulsion, and horsepower of machine-propelled vessels; (B) the waters on which vessels are to be operated; or (C) other reasonable standards. (c) The Secretary may issue licenses in the following classes to applicants found qualified as to age, character, habits of life, experi- ence, professional qualifications, and physical fitness: (1) masters, mates, and engineers. (2) pilots. (3) operators. (4) radio officers. (d) In classifying individuals under subsection (c)(1) of this section, the Secretary shall establish, when possible, suitable career patterns and service and other qualifying requirements appropriate to the particular service or industry in which the individuals are engaged. (e) An individual may be issued a license under subsection (c)(2) of Requirements. this section only if the applicant— (1) is at least 21 years of age; (2) is of sound health and has no physical limitations that would hinder or prevent the performance of a pilot's duties; (3) agrees to have a thorough physical examination each year while holding the license; (4) demonstrates, to the satisfaction of the Secretary, that the applicant has the requisite general knowledge and skill to hold the license; (5) demonstrates proficiency in the use of electronic aids to navigation; (6) maintains adequate knowledge of the waters to be navi- gated and knowledge of regulations for the prevention of colli- sions in those waters; (7) has sufficient experience, as decided by the Secretary, to evidence ability to handle any vessel of the t3T)e and size which the applicant may be authorized to pilot; and (8) meets any other requirement the Secretary considers rea- sonable and necessary.

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Page:United States Statutes at Large Volume 97.djvu/572

 97 STAT. 540 PUBLIC LAW 98-89—AUG. 26, 1983 (£) The Secretary may issue certificates of registry in the following classes to applicants found qualified as to character, knowledge, skill, and experience: (1) pursers. (2) medical doctors. (3) professional nurses. § 7102. Citizenship Licenses and certificates of registry for individuals on documented vessels may be issued only to citizens of the United States. § 7103. Licenses for radio officers (a) A license as radio officer may be issued only to an applicant who has a first-class or second-class radiotelegraph operator license issued by the Federal Communications Commission. (b) Except as provided in section 7318 of this title, this part does not affect the status of radiotelegraph operators serving on board vessels operating only on the Great Lakes. § 7104. CertiHcates for medical doctors and nurses A certificate of registry as a medical doctor or professional nurse may be issued only to an applicant who has a license as a medical doctor or registered nurse, respectively, issued by a State. § 7105. Oaths An applicant for a license or certificate of registry shall take, before the issuance of the license or certificate, an oath before a designated official, without conceeilment or reservation, that the applicant will perform faithfully and honestly, according to the best skill and judgment of the applicant, all the duties required by law. § 7106. Duration of licenses A license issued under this part is valid for 5 years. However, the validity of a license issued to a radio officer is conditioned on the continuous possession by the holder of a first-class or second-class radiotelegraph operator license issued by the Federal Communica- tions Commission. § 7107. Duration of certificates of registry A certificate of registry issued under this part is not limited in duration. However, the validity of a certificate issued to a medical doctor or professional nurse is conditioned on the continuous posses- sion by the holder of a license as a medical doctor or registered nurse, respectively, issued by a State. § 7108. Termination of licenses and certiHcates of registry When the holder of a license or certificate of registry, the duration of which is conditioned under section 7106 or 7107 of this title, fails to hold the license required as a condition, the license or certificate of registry issued under this part is terminated. § 7109. Renewal of licenses A license issued under this part may be renewed for additional 5-year periods.

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 PUBLIC LAW 98-89 —AUG. 26, 1983 97 STAT. 541 § 7110. Exhibiting licenses Each holder of a license issued under this part shall display, within 48 hours after employment on a vessel for which that license is required, the license in a conspicuous place on the vessel. § 7111. Licenses for fishing vessels not subject to inspection Examinations for licensing individuals on fishing vessels not required to be inspected under part B of this subtitle shall be oral. § 7112. Licenses of masters or mates as pilots A master or mate licensed under this part who also qualifies as a pilot is not required to hold 2 licenses. Instead, the qualification of the master or mate as pilot shall be endorsed on the master's or mate's license. § 7113. Exemption from draft A licensed master, mate, pilot, or engineer of a vessel inspected under part B of this subtitle, propelled by machinery or carrying hazardous liquid cargoes in bulk, is not liable to draft in time of war, except for performing duties authorized by the license. When per- forming those duties in the service of the United States Govern- ment, the mgister, mate, pilot, or engineer is entitled to the highest rate of wages paid in the merchant marine of the United States for similar services. If killed or wounded when performing those duties, the master, mate, pilot, or engineer, or the heirs or legal representa- tives of the master, mate, pilot, or engineer, are entitled to all the privileges under the pension laws of the United States provided to members of the Armed Forces. § 7114. Fees The Secretary may prescribe by regulation reasonable fees for the inspection of and the issuance of a certificate, license, or permit related to small passenger vessels and sailing school vessels. CHAPTER 73—MERCHANT MARINERS' DOCUMENTS Ante, p. 509. Sec. 7301. General. 7302. Issuing merchant mariners' documents and continuous discharge books. 7303. Possession and description of merchant mariners' documents. 7304. Citizenship notation on merchant mariners' documents. 7305. Oaths for holders of merchant mariners' documents. 7306. General requirements and classifications for able seamen. 7307. Able seamen—unlimited. 7308. Able seamen — limited. 7309. Able seamen—special. 7310. Able seamen—offshore supply vessels. 7311. Able seamen—sail. 7312. Scale of employment. 7313. General requirements for members of engine departments. 7314. Service requirements for qualified members of engine departments. 7315. Training. 7316. Lifeboatmen. 7317. Tankermen. 7318. Radiotelegraph operators on Great Lakes. 7319. Records of merchant mariners' documents. § 7301. General (a) In this chapter—

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 97 STAT. 542 PUBLIC LAW 98-89 —AUG. 26, 1983 "Service on (1) "service on deck" means service in the deck department in deck." work related to the work usually performed on board vessels by able seamen and may include service on decked fishing vessels and on public vessels of the United States; (2) 360 days is equal to one year's service; and (3) a day is equal to 8 hours of labor or duty. (b) The Secretary may prescribe regulations to carry out this chapter. §7302. Issuing merchant mariners' documents and continuous discharge books (a) The Secretary shall issue a merchant mariner's document to an individual required to have that document under part F of this Post, p. 547. subtitle if the individual satisfies the requirements of this part. The document serves as a certificate of identification and as a certificate of service, specifying each rating in which the holder is qualified to serve on board vessels on which that document is required under part F. (b) The Secretary also may issue a continuous discharge book to an individual issued a merchant mariner's document if the individ- ual requests. §7303. Possession and description of merchant mariners' documents A merchant mariner's document shall be retained by the seaman to whom issued. The document shall contain the signature, nota- tions of nationality, age, and physical description, the photograph, the thumbprint, and the home address of the seaman. In addition, the document shall specify the rate or ratings in which the seaman ^ is qualified to serve. §7304. Citizenship notation on merchant mariners' documents An individual applying for a merchant mariner's document shall provide satisfactory proof that the individual is a citizen of the United States before that notation is made on the document. § 7305. Oaths for holders of merchant mariners' documents An applicant for a merchant mariner's document shall take, before issuahce of the document, an oath that the applicant will perform faithfully and honestly all the duties required by law, and will carry out the lawful orders of superior officers. § 7306. General requirements and classiHcations for able seamen (a) To qualify for an endorsement as able seaman authorized by this section, an applicant must provide satisfactory proof that the applicant— (1) is at least 18 years of age; (2) has the service required by the applicable section of this part; (3) is qualified professionally as demonstrated by an applica- ble examination or educational requirements; and (4) is qualified as to sight, hearing, and physical condition to perform the seaman's duties. (b) The classifications authorized for endorsement as able seaman are the following: (1) able seaman—unlimited. (2) able seaman—limited.

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 PUBLIC LAW 98-89 —AUG. 26, 1983 97 STAT. 543 (3) able seaman—special. (4) able seaman—offshore supply vessels. (5) able seaman—sail. § 7307. Able seamen—unlimited The required service for the endorsement of able seaman—unlim- ited, qualified for unlimited service on a vessel on any waters, is at least 3 years' service on deck on board vessels operating at sea or on the Great Lakes. § 7308. Able seamen—limited The required service for the endorsement of able seaman— limited, qualified for limited service on a vessel on any waters, is at least 18 months' service on deck on board vessels of at least 100 gross tons operating on the oceans or navigable waters of the United States (including the Great Lakes). § 7309. Able seamen—special The required service for the endorsement of able seaman—special, qualified for special service on a vessel on any waters, is at least 12 months' service on deck on board vessels operating on the oceans or the navigable waters of the United States (including the Great Lakes). § 7310. Able seamen—offshore supply vessels For service on a vessel of less than 500 gross tons engaged in support of exploration, exploitation, or production of offshore min- eral or energy resources, an individual may be rated as able seaman—offshore supply vessels if the individual has at least 6 months' service on deck on board vessels operating on the oceans or the navigable waters of the United States (including the Great Lakes). § 7311. Able seamen—sail For service on a sailing school vessel on any waters, an individual may be rated as able seaman—sail if the individual has at least 6 months' service on deck on sailing school vessels, oceanographic research vessels powered primarily by sail, or equivalent sailing vessels operating on the oceans or navigable waters of the United States (including the Great Lakes). § 7312. Scale of employment (a) Individuals qualified as able seamen—unlimited under section 7307 of this title may constitute all of the able seamen required on a vessel. (b) Individuals qualified as able seamen—limited under section 7308 of this title may constitute all of the able seamen required on a vessel of less than 1,600 gross tons or on a vessel operating on the Great Lakes and the Saint Lawrence River as far east as Sept lies. Individuals qualified as able seamen—limited may constitute not more than 50 percent of the number of able seamen required on board other vessels. (c) Individuals qualified as able seamen—specisil under section 7309 of this title may constitute— (1) all of the able seamen required on a vessel of not more than 500 gross tons or on a seagoing barge or towing vessel; and

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 97 STAT. 544 PUBLIC LAW 98-89 —AUG. 26, 1983 (2) not more than 50 percent of the number of able seamen required on board other vessels. (d) Individuals qualified as able seamen—offshore supply vessels under section 7310 of this title may constitute all of the able seamen required on board a vessel of less than 500 gross tons engaged in support of exploration, exploitation, or production of offshore min- eral or energy resources. (e) When the service of able seaman—limited or able seamen— special is authorized for only a part of the required number of able seamen on board a vessel, the combined percentage of those individ- uals so qualified may not be greater than 50 percent of the required number. § 7313. General requirements for members of engine departments (a) Classes of endorsement as qualified members of the engine department on vessels of at least 100 gross tons (except vessels operating on rivers or lakes (except the Great Lakes)) may be prescribed by regulation. (b) The ratings of wiper and coal passer are entry ratings and are not ratings as qualified members of the engine department. (c) An applicant for an endorsement as qualified member of the engine department must provide satisfactory proof that the applicant— (1) has the service required by section 7314 of this title; (2) is qualified professionally as demonstrated by an applica- ble examination; and (3) is qualified as to sight, hearing, and physical condition to perform the member's duties. § 7314. Service requirements for qualiHed members of engine departments To qualify for an endorsement as qualified member of the engine department, an applicant must provide proof that the applicant has 6 months' service in the related entry rating as described in section 7313(b) of this title. § 7315. Training (a) Graduation from a nautical school vessel approved under law and regulation may be substituted for the service requirements under section 7307 or 7314 of this title. (b) The satisfactory completion of other courses of instruction approved by the Secretary may be substituted for not more than one-third of the required service on deck at sea under sections 7307- 7311 of this title. (c) The satisfactory completion of other courses of instruction approved by the Secretary may be substituted for not more than one-half of the required service at sea under section 7314 of this title. § 7316. Lifeboatmen To qualify for an endorsement as lifeboatman, an applicant must provide satisfactory proof that the applicant— (1) has the service or training required by regulation; (2) is qualified professionally as demonstrated by examina- tion; and (3) is qualified professionally by actual demonstration.

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 PUBLIC LAW 98-89—AUG. 26, 1983 97 STAT. 545 § 7317. Tankermen (a) The Secretary shall prescribe procedures, standards, and quali- fications for the issuance of certificates or endorsements as tanker- man, stating the types of oil or hazardous material that can be handled with safety to the vessel and the marine environment. (b) An endorsement as tankerman shall indicate the grades or types of cargo the holder is qualified and authorized to handle with safety on board vessels. § 7318. Radiotelegraph operators on Great Lakes (a) A radiotelegraph operator on the Great Leikes only shall have a first-class or second-class radiotelegraph operator's license issued by the Federal Communications Commission. G)) An endorsement as radiotelegraph operator on the Great Lakes only ends if the holder ceases to hold the license issued by the Commission. § 7319. Records of merchant mariners' documents The Secretary shall maintain records on each merchant mariner's document issued, including the name and address of the seaman to whom issued and the next of kin of the seaman. The records are not open to general or public inspection. CHAPTER 75—GENERAL PROCEDURES FOR LICENSING, CERTIFICATION, AND DOCUMEN- TATION Sec. 7501. Duplicates. 7502. Records. 7503. Dangerous drugs as grounds for denial. § 7501. Duplicates (a) If a license, certificate, or document issued under this part is lost as a result of a marine casualty, the holder shall be supplied with a duplicate without cost. (b) For any other loss, the seaman may obtain a duplicate on payment of reasonable costs prescribed by regulation by the Secretary. § 7502. Records The Secretary shall maintain records on the issuances, denials, suspensions, and revocations of licenses, certificates of registry, merchant mariners' documents, and endorsements on those licenses, certificates, and documents. § 7503. Dangerous drugs as grounds for denial (a) In this section, "dangerous drug" means a narcotic drug, controlled substance, and marihuana (as defined in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802)). (b) A license, certificate, or document authorized to be issued under this part may be denied to an individual who— (1) within 10 years before applying for the license, certificate, or document, has been convicted of violating a dangerous drug law of the United States or of a State; or Procedures, standards, and qualifications. Restricted inspection. "Dangerous drug.' 11-194 O - 85 — 19:QL3

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 97 STAT. 546 PUBLIC LAW 98-89—AUG. 26, 1983 (2) when applying, has ever been a user of, or addicted to, a dangerous drug unless the individual provides satisfactory proof that the individual is cured. CHAPTER 77—SUSPENSION AND REVOCATION Sec. 7701. General. 7702. Administrative procedure. 7703. Bases for suspension or revocation. 7704. Dangerous drugs as grounds for revocation. 7705. Subpenas and oaths. §7701. General (a) The purpose of suspension and revocation proceedings is to promote safety at sea. (b) Licenses, certificates of registry, and merchant mariners' docu- ments may be suspended or revoked for acts described in section 7703 of this title. (c) When a license, certificate of registry, or merchant mariner's document has been revoked under this chapter, the former holder may be issued a new license, certificate, or document only after it has been decided, under regulations prescribed by the Secretary, that the issuance is compatible with the requirements of good discipline and safety at sea. (d) The Secretary may prescribe regulations to carry out this chapter. § 7702. Administrative procedure 5 USC 551-559. (a) Sections 551-559 of title 5 apply to each hearing under this chapter about suspending or revoking a license, certificate of regis- try, or merchant mariners' document. Appeal. (b) The individual whose license, certificate of registry, or mer- chant mariner's document has been suspended or revoked under this chapter may appeal, within 30 days, the suspension or revoca- tion to the Secretary. § 7703. Bases for suspension or revocation A license, certificate, or merchant mariner's document issued by the Secretary may be suspended or revoked if, when acting under the authority of that license, certificate, or document, the holder— (1) has violated or failed to comply with this subtitle, a regulation prescribed under this subtitle, or any other law or regulation intended to promote marine safety or to protect navigable waters. (2) has committed an act of incompetence, misconduct, or negligence. § 7704. Dangerous drugs as grounds for revocation "Dangerous (a) In this section, "dangerous drug" means a narcotic drug, ^^^s- controlled substance, and marihuana (as defined in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802)). (b) If it is shown at a hearing under this chapter that a holder of a license, certificate of registry, or document issued under this part, within 10 years before the beginning of the proceedings, has been convicted of violating a dangerous drug law of the United States or of a State, the license, certificate, or document shall be revoked.

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 PUBLIC LAW 98-89 —AUG. 26, 1983 97 STAT. 547 (c) If it is shown that a holder has been a user of, or addicted to, a dsmgerous dn^, the license, certificate, or document shall be revoked unless the holder provides satisfactory proof that the holder is cured. §7705. Subpenas and oaths (a) An ofiGcial designated to investigate or preside at a hearing on matters that are grounds for suspension or revocation of licenses, certificates, and documents may administer oaths and issue sub- penas to compel the attendance and testimony of witnesses and the production of records or other evidence during investigations and at hearings. (b) The jurisdictional limits of a subpena issued under this section are the same as, and are enforceable in the same manner as, subpenas issued under chapter 63 of this title. ^«*«' p 537. PART F—MANNING OF VESSELS CHAPTER 81—GENERAL Sec. 8101. Complement of inspected vessels. 8102. Watchmen. 8103. Citizenship and Naval Reserve requirements. 8104. Watches. 8105. Regulations. § 8101. Complement of inspected vessels (a) The certificate of inspection issued to a vessel under part B of this subtitle shall state the complement of licensed individuals and Ante, p. 509. crew (including lifeboatmen) considered by the Secretary to be necessary for safe operation. A manning requirement imposed on a sailing school vessel shall consider the participation of sailing school instructors and sailing school students in the operation of that vessel. (b) The Secretary may modify the complement, by endorsement on the certificate, for reasons of changed conditions or employment. (c) A requirement made under this section by an authorized Appeal to official may be appealed to the Secretary under prescribed Secretary. regulations. (d) A vessel to which this section applies may not be operated without having in its service the complement required in the certifi- cate of inspection. (e) When a vessel is deprived of the service of a member of its complement without the consent, fault, or collusion of the owner, charterer, managing operator, agent, master, or individual in charge of the vessel, the master shall engage, if obtainable, a number of members equal to the number of those of whose services the master has been deprived. The replacements must be of the same or a higher grade or rating than those whose places they fill. If the master finds the vessel is sufficiently manned for the voyage, and replacements are not available to fill all the vacancies, the vessel may proceed on its voyage. Within 12 hours after the vessel arrives Report. at its destination, the master shall report in writing to the Secretary the cause of each deficiency in the complement. A master failing to Civil penalty. make the report is liable to the United States Government for a civil penalty of $50 for each deficiency.

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 97 STAT. 548 PUBLIC LAW 98-89 —AUG. 26, 1983 Civil penalty. Ante, p. 509. Civil penalty. Civil penalty. Civil penalty. Employment of aliens. (f) The owner, charterer, or managing operator of a vessel not manned as required by this section is liable to the Government for a civil penalty of $100, or, for a deficiency of a licensed individual, a penalty of $500. (g) A person may not employ an individual as, and an individual may not serve as, a master, mate, engineer, radio officer, or pilot of a vessel to which this part or part B of this subtitle applies if the individual is not licensed by the Secretary. A person (including an individual) violating this subsection is liable to the Government for a civil penalty of not more than $500. Each day of a continuing violation is a separate offense. (h) The owner, charterer, or managing operator of a freight vessel of less than 100 gross tons, a small passenger vessel, or a sailing school vessel not manned as required by this section is liable to the Government for a civil penalty of $1,000. The vessel also is liable in rem for the penalty. § 8102. Watchmen The owner, charterer, or managing operator of a vessel carrying passengers during the nighttime shall keep a suitable number of watchmen in the vicinity of the cabins or staterooms and on each deck to guard against and give alarm in case of a fire or other danger. An owner, charterer, or managing operator failing to pro- vide watchmen required by this section is liable to the United States Government for a civil penalty of $1,000. § 8103. Citizenship and Naval Reserve requirements (a) Only a citizen of the United States may serve as master, chief engineer, or officer in charge of a deck watch or engineering watch on a documented vessel. (b) On each departure of a documented vessel (except a fishing or whaling vessel or yacht) from a port of the United States, 75 percent of the seamen (excluding licensed individuals) must be citizens of the United States. If the Secretary decides, on investigation, that quali- fied citizen seamen are not available, the Secretary may reduce the percentage. (c) On each departure from the United States of a vessel (except a passenger vessel) for which a construction or operating differential subsidy has been granted, all of the seamen of the vessel must be citizens of the United States. (d)(1) On each departure from the United States of a passenger vessel for which a construction or operating differential subsidy has been granted, at least 90 percent of the entire complement (includ- ing licensed individuals) must be citizens of the United States. (2) An individual not required by this subsection to be a citizen of the United States may he engaged only if the individual has a declaration of intention to become a citizen of the United States or other evidence of admission to the United States for permanent residence. An alien may be employed only in the steward's depart- ment of the passenger vessel. (e) If a documented vessel is deprived for any reason of the services of an individual (except the master) when on a foreign voyage and a vacancy consequently oa;urs, until the vessel's first return to a United States port at which a replacement who is a citizen of the United States can be obtained, an individual not a citizen of the United States may serve in— (1) the vacancy; or

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Page:United States Statutes at Large Volume 97.djvu/581

 PUBLIC LAW 98-89—AUG. 26, 1983 97 STAT. 549 Suspensions by President. (2) a vacancy resulting from the promotion of another individ- ual to fill the original vacancy. (f) A person employing an individual in violation of this section or Civil penalty a regulation prescribed under this section is liable to the United States Government for a civil penalty of $500 for each individual so employed. (g) A deck or engineer officer employed on a vessel on which an operating differential subsidy is paid, or employed on a vessel (except a vessel of the Coast Guard or Saint Lawrence Seaway Development Corporation) owned or operated by the Department of Transportation or by a corporation organized or controlled by the Department, if eligible, shall be a member of the Naval Reserve. (h) The President may— (1) suspend any part of this section during a proclaimed national emergency; and (2) when the needs of commerce require, suspend as far and for a period the President considers desirable, subsection (a) of this section for crews of vessels of the United States documented for foreign trade. § 8104. Watches (a) An owner, charterer, managing operator, master, individual in charge, or other person having authority may permit an officer to take charge of the deck watch on a vessel when leaving or immedi- ately after leaving port only if the officer has been off duty for at least 6 hours within the 12 hours immediately before the time of leaving. (b) On an oceangoing or coastwise vessel of not more than 100 gross tons, a licensed individual may not be required to work more than 9 of 24 hours when in port, including the date of arrival, or more than 12 of 24 hours at sea, except in an emergency when life or property are endangered. (c) On a towing vessel (except a towing vessel operated only for fishing or engaged in salvage operations) operating on the Great Lakes, harbors of the Great Lakes, and connecting or tributary waters between Gary, Indiana, Duluth, Minnesota, Niagara Falls, New York, and Ogdensburg, New York, a licensed individual or seaman in the deck or engine department may not be required or permitted to work more than 8 hours in one day, except in an emergency when life or property are endangered. (d) On a merchant vessel of more than 100 gross tons (except a vessel only operating on rivers, harbors, lakes (except the Great Lakes), bays, sounds, bayous, and canals, a fishing or whaling vessel, yacht, or vessel engaged in salvage operations), the licensed individ- uals, sailors, coal passers, firemen, oilers, and water tenders shall be divided, when at sea, into at least 3 watches, and shall be kept on duty successively to perform ordinary work incident to the operation and management of the vessel. The requirement of this subsection applies to radio officers only when at least 3 radio officers are employed. A licensed individual or seaman in the deck or engine department may not be required to work more than 8 hours in one day. (e) On a vessel designated by subsections (c) and (d) of this section— (1) a seaman may not be— (A) engaged to work alternately in the deck and engine departments; or

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Page:United States Statutes at Large Volume 97.djvu/582

 97 STAT. 550 PUBLIC LAW 98-89 —AUG. 26, 1983 Civil penalty. Civil penalty. Post, p. 555. Ante, p. 509. (B) required to work in the engine department if engaged for deck department duty or required to work in the deck department if engaged for engine department duty; (2) a seaman may not be required to do unnecessary work on Sundays, New Year's Day, July 4th, Labor Day, Thanksgiving Day, or Christmas Day, when the vessel is in a safe harbor, but this clause does not prevent dispatch of a vessel on a voyage; and (3) when the vessel is in a safe harbor, 8 hours (including anchor watch) is a day's work. (f) Subsections (d) and (e) of this section do not limit the authority of the master or other officer or the obedience of the seamen when, in the judgment of the master or other officer, any part of the crew is needed for— (1) maneuvering, shifting the berth of, mooring, or unmoor- ing, the vessel; (2) performing work necessary for the safety of the vessel, or the vessel's passengers, crew, or cargo; (3) saving life on board another vessel in jeopardy; or (4) performing fire, lifeboat, or other drills in port or at sea. (g) On a towing vessel (except a vessel to which subsection (c) of this section applies), an offshore supply vessel, or a barge to which this section applies, that is engaged on a voyage of less than 600 miles, the licensed individuals and crewmembers (except the coal passers, firemen, oilers, and water tenders) may be divided, when at sea, into at least 2 watches. (h) On a vessel to which section 8904 of this title 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. (i) A person violating subsection (a) or (b) of this section is liable to the United States Government for a civil penalty of $100. (j) The owner, charterer, or managing operator of a vessel on which a violation of subsection (c), (d), (e), or (h) of this section occurs is liable to the Government for a civil penalty of $500. The seaman is entitled to discharge from the vessel and receipt of wages earned. § 8105. Regulations The Secretary may prescribe regulations to carry out this part. CHAPTER 83—MASTERS AND OFFICERS Sec. 8301. Minimum number of licensed individuals. 8302. Staff department. 8303. Service under licenses issued without examination. 8304. Implementing the Officers' Competency Certificates Convention, 1936. § 8301. Minimum number of licensed individuals (a) Except as provided in chapter 89 of this title and except for a vessel operating only on rivers, harbors, lakes, bays, sounds, bayous, and canals, a vessel to which part B of this subtitle applies shall engage a minimum of licensed individuals as follows: (1) Each of those vessels shall have a licensed master. (2) A vessel of at least 1,000 gross tons and propelled by machinery shall have 3 licensed mates. However, if the vessel is on a voyage of less than 400 miles from port of departure to port of final destination, it shall have 2 licensed mates.

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Page:United States Statutes at Large Volume 97.djvu/583

 PUBLIC LAW 98-89 —AUG. 26, 1983 97 STAT. 551 (3) A vessel of at least 200 gross tons but less than 1,000 gross tons and propelled by machinery shall have 2 licensed mates. (4) A vessel of at least 100 gross tons but less than 200 gross tons and propelled by machinery shall have one licensed mate. However, if the vessel is on a voyage of more than 24 hours, it shall have 2 licensed mates. (5) A freight vessel or a passenger vessel of at least 300 gross tons and propelled by machinery shall have a licensed engineer. (b) An offshore supply vessel on a voyage of less than 600 miles shall have a licensed mate. However, if the vessel is on a voyage of at least 600 miles, the vessel shall have 2 licensed mates. An offshore supply vessel of more than 200 gross tons may not be operated without a licensed engineer. (c) Subsection (a) of this section does not apply to a fishing or whaling vessel or a yacht. (d) The Secretary may— (1) suspend any part of this chapter during a national emer- gency proclaimed by the President; and (2) increase the number of licensed individuals on a vessel to which this chapter applies if, in the Secretary's judgment, the vessel is not sufficiently manned for safe operation. § 8302. Staff department (a) This section applies to a vessel of the United States except— (1) a fishing or whaling vessel or a yacht; (2) a vessel operated only on bays, sounds, inland waters, and lakes (except the Great Lakes); and (3) a vessel ferrying passengers and cars on the Great Lakes. (b) The staff department on a vessel is a separate and independent department. It consists of individuals registered under section 7101 of this title, clerks and individuals assigned to the senior registered medical doctor. (c) The staff department is composed of a medical division and a purser's division. The officer in charge of each division is responsible only to the master. The senior registered medical doctor is in charge of the medical division. The senior registered purser is in charge of the purser's division. (d) The officer in charge of the purser's division of the staff department on an oceangoing passenger vessel licensed to carry more than 100 passengers sh^l be a registered chief purser. When more than 3 persons are employed in the purser's division of that vessel, there also shall be at least one registered senior assistant purser and one registered junior assistant purser. (e) A person may not employ an individual to serve in, and an Civil penalty individual may not serve in, a grade of staff officer on a vessel, when that staff officer is required by this section to be registered, if the individual does not have a certificate of registry as staff officer in that grade. A person (including an individual) violating this subsec- tion is liable to the United States Government for a civil penalty of $100. However, if a registered staff officer is not available at the time of sailing, the vessel may sail with an unregistered staff officer or without a staff officer. (f) A staff officer may not be included in a vessel's certificate of inspection. (g) A registered staff officer serving under this section who is a member of the Naval Reserve may wear on the officer's uniform Purse r's division. Naval Reserve members.

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Page:United States Statutes at Large Volume 97.djvu/584

 97 STAT. 552 PUBLIC LAW 98-89 —AUG. 26, 1983 special distinguishing insignia prescribed by the Secretary of the Navy. (h) The uniform stripes, decoration, or other insignia worn by a staff officer shall be of gold braid or woven gold or silver material. A crewmember (except a staff officer) may not wear any uniform with a staff officer's identifying insignia. § 8303. Service under licenses issued without examination An individual issued a license without examination before Octo- ber 29, 1941, to serve as master, mate, or engineer on a vessel not Ante, p.509. subject to inspection under part B of this subtitle, may not serve under authority of that license on a vessel that is subject to inspec- tion under part B. §8304. Implementing the Officers' Competency CertiHcates Con- vention, 1936 "H igh seas. " (a) In this section, "high seas" means waters seaward of the Boundary Line. (b) The Officers' Competency Certificates Convention, 1936 (Inter- 54 Stat. 1683. national Labor Organization Draft Convention Numbered 53, on the minimum requirement of professional capacity for masters and officers on board merchant vessels), as ratified by the President on September 1, 1938, with understandings appended, and this section apply to a documented vessel operating on the high seas except— (1) a public vessel; (2) a wooden vessel of primitive build, such as a dhow or junk; (3) a barge; and (4) a vessel of less than 200 gross tons. (c) A person may not engage or employ an individual to serve as, and an individual may not serve as, a master, mate, or engineer on a vessel to which this section applies, if the individual does not have a license issued under section 7101 of this title authorizing service in the capacity in which the individual is to be engaged or employed. (d) A person (including an individual) violating this section is liable to the United States Government for a civil penalty of $100. (e) A license issued to an individual to whom this section applies is a certificate of competency. (1) A designated official may detain a vessel to which this section applies (by written order served on the owner, charterer, managing operator, agent, master, or individual in charge of the vessel) when there is resison to believe that the vessel is about to proceed from a port of the United States to the high seas in violation of this section or a provision of the convention described in subsection (b) of this section. The vessel may be detained until the vessel complies with this section. Clearance may not be granted to a vessel ordered detained under this section. (g) A foreign vessel to which the convention described in subsec- tion (b) of this section applies, on the navigable waters of the United States, is subject to detention under subsection (f) of this section, and to an examination that may be necessary to decide if there is compliance with the convention. Appeal. (h) The owner, charterer, managing operator, agent, master, or individual in charge of a vessel detained under subsection (f) or (g) of this section may appeal the order within 5 days as provided by regulation. Enforcement. (i) An officer or employee of the Customs Service may be desig- nated to enforce this section. Civil penalty. Vessel detention.

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Page:United States Statutes at Large Volume 97.djvu/585

 PUBLIC LAW 98-89—AUG. 26, 1983 CHAPTER 85—PILOTS 97 STAT. 553 Ante, p.509. Ante, p. 520. Sec. 8501. State regulation of pilots. 8502. Federal pilots required. § 8501. State regulation of pilots (a) Except as otherwise provided in this part, pilots in the bays, rivers, harbors, and ports of the United States shall be regulated only in conformity with the laws of the States. (b) The master of a vessel entering or leaving a port on waters that are a boundary between 2 States, and that is required to have a pilot under this section, may employ a pilot licensed or authorized by the laws of either of the 2 States. (c) A State may not adopt a regulation or provision that discrimi- nates in the rate of pilotage or half-pilotage between vessels sailing between the ports of one State and vessels sailing between the ports of different States, or against vessels because of their means of propulsion, or against public vessels of the United States. (d) A State may not adopt a regulation or provision that requires a coastwise vessel to take a pilot licensed or authorized by the laws of a State if the vessel— (1) is propelled by machinery and subject to inspection under part B of this subtitle; or (2) is subject to inspection under chapter 37 of this title, (e) Any regulation or provision violating this section is void. § 8502. Federal pilots required (a) A coastwise seagoing vessel, when not sailing on register and when underway (except on the high seas), shall be under the direc- tion and control of a pilot licensed under section 7101 of this title if the vessel is— (1) propelled by machinery and subject to inspection under part B of this subtitle; or (2) subject to inspection under chapter 37 of this title. (b) The fees charged for pilotage by pilots required under this section may not be more than the customary or legally established rates in the States in which the pilotage is performed. (c) A State or political subdivision of a State may not impose on a pilot licensed under this subtitle an obligation to procure a State or other license, or adopt any other regulation that will impede the pilot in the performance of the pilot's duties under the laws of the United States. (d) A State or political subdivision of a State may not levy pilot charges on a vessel lawfully piloted by a pilot required under this section. (e) The owner, charterer, managing operator, agent, master, or Civil penalty. individual in charge of a vessel operated in violation of this section or a regulation prescribed under this section is liable to the United States Government for a civil penalty of $500. The vessel also is liable in rem for the penalty. (f) An individual serving as a pilot without having a license Civil penalty. required by this section or a regulation prescribed under this section is liable to the Government for a civil penalty of $500.

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Page:United States Statutes at Large Volume 97.djvu/586

 97 STAT. 554 PUBLIC LAW 98-89 —AUG. 26, 1983 CHAPTER 87—UNLICENSED PERSONNEL Sec. 8701. Merchant mariners' documents required. 8702. Certain crew requirements. 8703. Tankermen on tank vessels. § 8701. Merchant mariners' documents required (a) This section applies to a merchant vessel of at least 100 gross tons except— (1) a vessel operating only on rivers and lakes (except the Great Lakes); (2) a bai^e (except a seagoing barge or a barge to which Ante, p. 520. chapter 37 of this title applies); (3) a fishing or whaling vessel or a yacht; (4) a sailing school vessel with respect to sailing school instructors and sailing school students; and (5) an oceeinographic research vessel with respect to scientific personnel. (b) A person may not engage or employ an individual, and an individual may not serve, on board a vessel to which this section applies if the individual does not have a merchant mariner's docu- ment issued to the individual under section 7302 of this title. Except for an individual required to be licensed or registered under this part, the document must authorize service in the capacity for which the holder of the document is engaged or employed. (c) On a vessel to which section 10306 or 10503 of this title does not apply, an individual required by this section to hold a merchant mariner's document must exhibit it to the master of the vessel before the individual may be employed. Civil penalty. (d) A porson (including an individual) violating this section is liable to the United States Government for a civil penalty of $500. § 8702. Certain crew requirements (a) This section applies to a vessel of at least 100 gross tons except— (1) a vessel operating only on rivers and lakes (except the Great Lakes); (2) a barge (except a seagoing barge or a barge to which chapter 37 of this title applies); (3) a fishing or whaling vessel or a yacht; (4) a sailing school vessel with respect to sailing school instructors and sailing school students; and (5) an oceanographic research vessel with respect to scientific personnel. (b) A vessel may depart from a port of the United States only if at least— (1) 75 percent of the crew in each department on board is able to understand any order spoken by the officers, and (2) 65 percent of the deck crew (excluding licensed individuals) have merchant mariners' documents endorsed for a rating of at least able seaman, except that this percentage may be reduced to 50 percent on a vessel permitted under section 8104 of this title to maintain a 2-watch system. (c) An able seaman is not required on a towing vessel operating on bays and sounds connected directly with the seas.

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Rh of being sorry, he gave way to anger and resentment. "Why," cried he, "am I to be treated in this manner, who am the eldest in the family, while all the little darlings are fondled and caressed? But I don't care; I can get to the nest yet, I make no doubt." He then attempted to fly, and after a great many trials at length got up in the air; but not knowing which way to direct his course, he sometimes turned to the right and sometimes to the left now he advanced forwards a little, and now, fearing he was wrong, came back again; at length, quite spent with fatigue, he fell to the ground, and bruised himself a good deal: stunned with the fall, he lay for some minutes without sense or motion, but soon revived; and finding himself alone in this dismal condition, the horrors of his situation filled him with dreadful apprehensions and the bitterest remorse. "Oh," cried he, "that I had but followed the advice and example of my tender parents! then had I been safe in the nest, blest with their kind caresses, and enjoying the company of my dear brother and sisters; but now I am of all birds the most wretched! Never shall I be able to fly, for every joint of me has received a shock which I doubt it will not recover. Where shall I find shelter from the scorching sun, whose piercing rays already

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Page:United States Statutes at Large Volume 97.djvu/587

 PUBLIC LAW 98-89 —AUG. 26, 1983 97 STAT. 555 (d) An individual having a rating of less than able seaman may not be permitted at the wheel in ports, harbors, and other waters subject to congested vessel traffic, or under conditions of reduced visibility, adverse weather, or other hazardous circumstances. (e) The owner, charterer, managing operator, agent, master, or Civil penalty. individual in charge of a vessel operated in violation of this section or a regulation prescribed under this section is liable to the United States Government for a civil penalty of $500. § 8703. Tankermen on tank vessels (a) A vessel of the United States to which chapter 37 of this title Ante, p. 520. applies, that has on board oil or hazardous material in bulk as cargo or cargo residue, shall have a specified number of the crew certified as tankermen as required by the Secretary. This requirement shall be noted on the certificate of inspection issued to the vessel. (b) The Secretary shall prescribe procedures, standards, and quali- fications for the issuance of certificates as tankermen, stating the t3rpes of oil or hazardous material that can be handled with safety to the vessel and the marine environment. (c) A vessel to which section 3702(b) of this title applies shall have on board as a crewmember in charge of the transfer operation an individual certified as a tankerman (qualified for the grade of fuel transferred), unless a master, mate, pilot, engineer, or operator licensed under section 7101 of this title is present in charge of the transfer. If the vessel does not have that individual on board, chapter 37 of this title applies to the vessel. CHAPTER 89—SMALL VESSEL MANNING Sec. 8901. Freight vessels. 8902. Small passenger vessels. 8903. Uninspected passenger vessels. 8904. Towing vessels. 8905. Exemptions. 8906. Penalty. §8901. Freight vessels A freight vessel of less than 100 gross tons shall be operated by an individual licensed by the Secretary to operate that type of vessel in the particular geographic area, under prescribed regulations. § 8902. Small passenger vessels vessel shall be operated by an individual kfo-rv frt nrkorafo fViof fvr»<» r\f 17ACOO1 in fVio A small passenger vessel shall be operated by an ind licensed by the Secretary to operate that type of vessel particular geographic area, under prescribed regulations. § 8903. Uninspected passenger vessels An uninspected passenger vessel shall be operated by an individ- ual licensed by the Secretary to operate that type of vessel, under prescribed regulations. §8904. Towing vessels 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.

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