84 STAT, 1945 Shrimp vessels. 46 Stat. 734. 19 USC 1514. Repeals. and the duties accruing thereon duly paid; and if such owner or master shall refuse to take such oath, or take it falsely, the vessel shall be seized and forfeited. "(c) In the case of any vessel designed and used primarily for purposes other than transporting passengers or property in the foreign or coasting trade which arrives in a port of the United States two years or more after its last departure from a port of the United States, the duties imposed by this section shall apply only with respect to (1) fish nets and netting, and (2) other equipments, and parts thereof, and repair parts and materials purchased, or repairs made, during the first six months after the last departure of such vessel from a port of the United States." SEC. 2. (a) The amendment made by the first section of this Act shall apply with respect to entries made in connection with arrivals of vessels on or after the date of the enactment of this Act. (b) Upon request therefor filed with the customs officer concerned on or before the ninetieth day after the date of the enactment of this Act, any entry in connection with the arrival of a vessel used primarily for the catching of shrimp (1) which was made after January 1, 1969, and before the date of the enactment of this Act, and (2) with respect to which there would have been no duty if the amendment made by the first section of this Act applied to such entry, shall, notwithstanding the provisions of section 514 of the Tariff Act of 1930 or any other provision of law, be liquidated or reliquidated as though such entry had been made on the day after the date of the enactment of this Act. SEC. 3. Effective with respect to entries made in connection with arrivals of vessels on or after the date of the enactment of this Act (or treated under section 2 as made on the day after such date), sections 3114 and 3115 of the Revised Statutes of the United States (19 U.S.C. 257 and 258) are repealed. Approved January 5, 1971. LEGISLATIVE HISTORY: HOUSE REPORT No. 91-1136 (Comm. on Ways and Means). June 22, considered and passed House. Dec. 18, considered and passed Senate, amended. Public Law 92-21 An Act To amend the Act to authorize appropriations for the fiscal year 1971 for certain maritime programs of the Department of Commerce. 85 STAT 75 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of Maritime May 13, 1970 (84 Stat. 207; Public Law 91-247) is amended by strik- programs. ing out of paragraph (b) the figure $193,000,000 and inserting in lieu Appropriation thereof the figure $273,000,000. Approved June 1, 1971. authorization. LEGISLATIVE HISTORY: HOUSE REPORT No. 92-63 (Comm. on Merchant Marine and Fisheries). CONGRESSIONAL RECORD, Vol. 117 (1971): Apr. 20, considered and passed House. Public Law 92-53 July 9, 1971 An Act To authorize appropriations for certain maritime programs of the Department of Commerce, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That funds are Commerce Departhereby authorized to be appropriated without fiscal year limitation ment maritime as the appropriation Act may provide for the use of the Department programs. of Commerce, for the fiscal year 1972, as follows: (a) acquisition, construction, or reconstruction of vessels and construction-differential subsidy and cost of national defense features incident to the construction, reconstruction, or reconditioning of ships, $229,687,000; (b) payment of obligations incurred for operating-differential subsidy, $239,145,000; (c) expenses necessary for research and development activities (including reimbursement of the Vessel Operations Revolving Fund for losses resulting from expenses of experimental ship operations), $25,000,000; (d) reserve fleet expenses, $4,318,000; Appropriation 85 STAT. 145 (e) maritime training at the Merchant Marine Academy at 85 STAT. 146 Kings Point, New York, $7,300,000; and (f) financial assistance to State marine schools, $2,370,000. SEC. 2. Section 3 of the Maritime Academy Act of 1958 (46 U.S.C. Maritime acad1382) is amended by inserting a new subsection (c) to read as follows: emies, vessels. "(c) In any case where the Secretary has not, prior to the enactment 72 Stat. 622. of this subsection, furnished a suitable vessel to a State as authorized by subsection (a) of this section, the Secretary may, in lieu of furnishing such a vessel, repair, recondition and equip (including all apparel, charts, books, and instruments of navigation) as necessary, a vessel which is owned by a State on the date of enactment of this subsection, for use as a training vessel for a maritime academy or college meeting the requirements of this Act." Approved July 9, 1971. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 92-62 (Comm. on Merchant Marine and Fisheries) and SENATE REPORTS: No. 92-132 (Comm. on Commeroe) and 92-237 (Comm. of CONGRESSIONAL RECORD, Vol. 117 (1971): Apr. 20, considered and passed House. May 26, considered and passed Senate, amended. June 24, Senate agreed to conference report. June 29, House agreed to conference report. 2 Public Law 92-63 92nd Congress, S. 699 August 4, 1971 An Act To require a radiotelephone on certain vessels while navigating upon specified waters of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Vessel Bridge-to-Bridge Radiotelephone Act". SEC. 2. It is the purpose of this Act to provide a positive means whereby the operators of approaching vessels can communicate their intentions to one another through voice radio, located convenient to the operator's navigation station. To effectively accomplish this, there is need for a specific frequency or frequencies dedicated to the exchange of navigational information, on navigable waters of the United States. SEC. 3. For the purpose of this Act (1) "Secretary" means the Secretary of the Department in which the Coast Guard is operating; (2) "power-driven vessel" means any vessel propelled by machinery; and (3) "towing vessel" means any commercial vessel engaged in towing another vessel astern, alongside, or by pushing ahead. SEC. 4. (a) Except as provided in section 7 of this Act (1) every power-driven vessel of three hundred gross tons and upward while navigating; (2) every vessel of one hundred gross tons and upward carrying one or more passengers for hire while navigating; (3) every towing vessel of twenty-six feet or over in length while navigating; and (4) every dredge and floating plant engaged in or near a channel or fairway in operations likely to restrict or affect navigation of other vessels shall have a radiotelephone capable of operation from its navigational bridge or, in the case of a dredge, from its main control station and capable of transmitting and receiving on the frequency or frequencies within the 156-162 Mega-Hertz band using the classes of emissions designated by the Federal Communications Commission, after consultation with other cognizant agencies, for the exchange of navigational information. (b) The radiotelephone required by subsection (a) shall be carried on board the described vessels, dredges, and floating plants upon the navigable waters of the United States inside the lines established pursuant to section 2 of the Act of February 19, 1895 (28 Stat. 672), as amended. SEC. 5. The radiotelephone required by this Act is for the exclusive use of the master or person in charge of the vessel, or the person designated by the master or person in charge to pilot or direct the movement of the vessel, who shall maintain a listening watch on the designated frequency. Nothing contained herein shall be interpreted as precluding the use of portable radiotelephone equipment to satisfy the requirements of this Act. Vessel Bridgeto-Bridge Radiotelephone Aot. Definitions. 85 STAT. 164 85 STAT. 165 33 USC 151. Use, restriction. maintenance. SEC. 6. Whenever radiotelephone capability is required by this Act, Equipment, a vessel's radiotelephone equipment shall be maintained in effective operating condition. If the radiotelephone equipment carried aboard a vessel ceases to operate, the master shall exercise due diligence to restore it or cause it to be restored to effective operating condition at the earliest practicable time. The failure of a vessel's radiotelephone equipment shall not, in itself, constitute a violation of this Act, nor 85 STAT. 165 Exemptions. Regulations. Penalty. Effective date. shall it obligate the master of any vessel to moor or anchor his vessel; however, the loss of radiotelephone capability shall be given consideration in the navigation of the vessel. SEC. 7. The Secretary may, if he considers that marine navigational safety will not be adversely affected or where a local communication system fully complies with the intent of this concept but does not conform in detail, issue exemptions from any provisions of this Act, on such terms and conditions as he considers appropriate. SEC. 8. (a) The Federal Communications Commission shall, after consultation with other cognizant agencies, prescribe regulations necessary to specify operating and technical conditions and characteristics including frequencies, emission, and power of radiotelephone equipment required under this Act. (b) The Secretary shall, subject to the concurrence of the Federal Communications Commission, prescribe regulations for the enforcement of this Act. SEC. 9. (a) Whoever, being the master or person in charge of a vessel subject to this Act, fails to enforce or comply with this Act or the regulation, hereunder; or Whoever, being designated by the master or person in charge of a vessel subject to this Act to pilot or direct the movement of the vessel, fails to enforce or comply with this Act or the regulations hereunder— Is liable to a civil penalty of not more than $500 to be assessed by the Secretary. (b) Every vessel navigating in violation of this Act or the regulations hereunder is liable to a civil penalty of not more than $500 to be assessed by the Secretary for which the vessel may be proceeded against in any district court of the United States having jurisdiction. (c) Any penalty assessed under this section may be remitted or mitigated by the Secretary upon such terms as he may deem proper. SEC. 10. This Act shall become effective May 1, 1971, or six months after the promulgation of regulations which would implement its provisions, whichever is later. Approved August 4, 1971. LEG IS LATIVE HISTORY: HOUSE REPORT No. 92-346 (Comm. on Merchant Marine and Fisheries). CONGRESSIONAL RECORD, Vol. 117 (1971): Apr. 30, May 4, considered and passed Senate. |