46 USC 390c, 390d. One hundred gross ton vessels, requirements and regulations, exemptions. Able seaman, eligibility requirements. Definitions. Provisions, compliance. (6) Sections 4 and 5 are amended by striking in four places the words "passenger-carrying vessel" and inserting in lieu thereof the words "passenger-carrying vessel or freight-carrying vessel". SEC. 4. Section 13 of the Act of March 4, 1915 (38 Stat. 1169), as amended (46 U.S.C. 672), is amended to read as follows: "SEC. 13. (a) All vessels of one hundred gross tons or over shall meet the requirements of this section and the regulations issued hereunder by the Secretary of the department in which the Coast Guard is operating, hereinafter referred to as 'Secretary', except "(I) vessels navigating exclusively on the rivers and smaller inland lakes of the United States; and "(2) non-self-propelled vessels, other than barges subject to section 10 of the Act of May 28, 1908 (35 Stat. 428), as amended (46 U.S.C. 395), or section 4417(a) of the Revised Statutes (46 U.S.C. 391a). "(b) Every person may be rated an able seaman and qualified to serve as such who is eighteen years of age or older; meets the regulatory requirements with respect to sight, hearing, and physical condition; meets the applicable professional knowledge examination or educational requirements; and meets the following applicable service requirements: "(1) Able seaman' qualified for unlimited service on any vessel and on any waters shall have at least three years' service on deck on vessels operating on the oceans or the Great Lakes. "(2) 'Able seaman-limited' qualified for limited service on any vessel on any waters shall have at least eighteen months' service on deck on vessels subject to this section operating on the oceans or the navigable waters of the United States including the Great Lakes. "(3) 'Able seaman-special' qualified for special service on any vessel on any waters shall have at least twelve months' service on deck on vessels operating on the oceans or the navigable waters of the United States including the Great Lakes. For service on a vessel of less than five hundred gross tons engaged in support of exploration, exploitation, or production of offshore mineral or energy resources, a person may be rated as able seaman-special who has at least six months' service on deck on vessels operating on the oceans or the navigable waters of the United States including the Great Lakes. "(c) 'Service on deck' means service in the deck department in work related to the work usually performed aboard vessels by able seamen and may include service on decked fishing vessels and on public vessels of the United States. Three hundred and sixty days shall be equal to one year's service, and a day shall be equal to eight hours of labor or duty. A graduate of a school ship approved by the Secretary may be rated as able seaman upon satisfactory completion of the course of instruction. The satisfactory completion of other relevant training programs approved by the Secretary may be substituted for not more than one-third of the required service on deck in accordance with applicable regulations. These regulations may not allow substitution for time spent in these training programs for the required service on deck in a ratio greater than three to one. "(d) No person below the rating of able seaman shall 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) No vessel subject to this section may depart from any port of the United States unless the following provisions are complied with: "(1) Not less than 75 per centum of the crew in each department are able to understand any order given by the officers of the vessel. "(2) At least 65 per centum of the deck crew, exclusive of licensed officers, are of a rating not less than able seaman. This percentage may be reduced to 50 per centum on vessels that are permitted by the Act of March 4, 1915 (38 Stat. 1164), as amended (46 U.S.C. 673), to maintain a two watch system. Able seamen shall not be required on tugs and towboats operating on the bays and sounds connected directly with the ocean. "(f) Employment of persons rated as able seaman under subsection (b) of this section shall be in accordance with the following scale: "(1) Persons qualified as able seaman may constitute the entire complement of able seamen required on any vessel. "(2) Persons qualified as able seaman-limited may constitute the entire complement of able seamen required on a vessel of less than one thousand six hundred gross tons or on a vessel operating on the Great Lakes and the Saint Lawrence River as far east as Sept Iles; persons qualified as able seaman-limited may constitute up to 50 per centum of the complement of able seamen required aboard other vessels. "(3) Persons qualified as able seaman-special may constitute the entire complement of able seamen required on a vessel of five hundred gross tons or less, or on a seagoing barge, tug, or towboat and may constitute up to 50 per centum of the complement of able seamen required aboard other vessels. "(4) In no case in which the service of able seaman-limited or able seaman-special is authorized for only a part of the required complement of able seamen aboard a vessel may the combined percentage of persons so qualified be greater than 50 per centum of the required complement. "(g) No vessel may be navigated unless all of the complement in her engine department above the rating of coal passer or wiper and below licensed officer shall be the holders of a certificate of service, attesting to proficiency as a qualified member of the engine department. An applicant for this rating shall have six months' service at sea in a rating at least equal to that of coal passer or wiper. A graduate of a school ship approved by the Secretary may be rated as a qualified member of the engine department upon satisfactory completion of the course of instruction. 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 in accordance with applicable regulations. "(h) It is unlawful to employ any person, or for any person to serve aboard a vessel to which this section applies, other than a licensed officer, if that person does not have a certificate of service attesting to proficiency issued by the Secretary. "(i) The Secretary shall issue regulations as may be necessary to Regulations. carry out the provisions of this section. These regulations shall, among other things, establish procedures for the processing, verification, examination, and retention of records and affidavits related to the issuance of certificates of service attesting to proficiency. penalty. "(j) Every master, person in charge, owner, or operator who violates Violation; a provision of this section or of the regulations issued hereunder, and every vessel that is navigated in violation of this section or of the regulations issued hereunder is equally and severally liable to a civil penalty of not more than $500 for each offense.". 46 USC 660b, 643a. Ante, p. 1513. 46 USC 526-526w. Steam vessel. "Motorboat." 46 USC 526. Temporary license or certificate of service. SEC. 5. The provisions of section 4 of the Act of June 25, 1936 (49 Stat. 1935), as amended (46 U.S.C. 660a), with respect to crew quarters; and section 4551 of the Revised Statutes of the United States (46 U.S.C. 643), shall not apply to non-self-propelled vessels, other than barges subject to section 10 of the Act of May 28, 1908 (35 Stat. 428), as amended (46 U.S.C. 395), or section 4417(a) of the Revised Statutes (46 U.S.C. 391a). SEC. 6. Section 2 of the Act of May 11, 1918 (40 Stat. 549; 46 U.S.C. 223), is further amended: (1) by adding immediately before the last clause, the following: "That an offshore supply vessel, as defined in section 4426a of the Revised Statutes shall, when on a voyage of less than six hundred miles, have on board and in her service one licensed mate, but if any such vessel is engaged on a voyage of six hundred miles or more, then such vessel shall have two licensed mates."; and (2) by striking in the last clause the reference "the Act of June Ninth, Nineteen Hundred and Ten,” and inserting in lieu thereof “the Act of April 25, 1940, c. 155, 54 Stat. 163,". SEC. 7. Section 2 of the Act of March 4, 1915 (38 Stat. 1164), as amended (46 U.S.C. 673), is amended by deleting from the last proviso the words "tugs and barges" and inserting in lieu thereof the following: "tugs, barges, and offshore supply vessels as defined in section 4426a of the Revised Statutes,". SEC. 8. Section 4399 of the Revised Statutes (46 U.S.C. 361), is amended to read as follows: "SEC. 4399. Every vessel propelled in whole or in part by steam and every vessel subject to inspection propelled by machinery other than steam is a steam vessel within the meaning of this title.". SEC. 9. Section 1 of the Act of April 25, 1940 (54 Stat. 163; 46 U.S.C. 526-526t), is amended to read as follows: "That the word 'motorboat' where used in this Act includes every vessel propelled by machinery and not more than sixty-five feet in length except tugboats and towboats propelled by steam. The length shall be measured from end to end over the deck, excluding sheer.". SEC. 10. The Secretary of the department in which the Coast Guard is operating may, for a period of two years after the effective date of this Act, issue a temporary license as master, mate, or engineer, or 46 USC 224 note. certificate of service as able seaman or qualified member of the engine department to any person who on or before January 1, 1979, was serving in such a capacity on board an offshore supply vessel as defined in section 4426a of the Revised Statutes. This license or certificate may be for a term no longer than three years. It may not be renewed, nor may more than one such license or certificate be issued to any person, except for replacements occasioned by loss of a license or certificate. A person holding such a license or certificate may not serve under it on any vessel other than an offshore supply vessel. To qualify for a temporary license or certificate the person must apply to the Secretary within three months of the date of enactment of this Act. The Secretary shall acknowledge receipt of that application and advise the person of those positions in which he may serve pending issuance of a temporary license or certificate. Upon receipt of that acknowledgement the person shall be deemed to be in compliance with the appropriate statutes dealing with licensing or certification of merchant marine personnel pending issuance of the temporary license or certificate. Before issuing such a license or certificate, the Secretary shall satisfy himself that the applicant has sufficient qualifications and experience as to warrant the belief that the applicant's continued service in the position for which he is being licensed or certificated will be consistent with the safety of the vessel. ! Any temporary license, certificate, or acknowledgement of application issued under this subsection is subject to suspension and revocation on the same grounds and with like procedure as provided in section 4450 of the Revised Statutes. 46 USC 239. SEC. 11. The following laws are repealed, except with respect to Repeals. rights and duties that matured, penalties that were incurred, and proceedings that were begun before the date of enactment of this Act: (a) the Acts of July 8, 1941, chapters 279 and 280 (55 Stat. 579), (46 U.S.C. 672-2 and 672-1, respectively); (b) the Act of September 25, 1941 (55 Stat. 732; 46 U.S.C. 672b-1); (c) the Act of June 16, 1938 (52 Stat. 753; 46 U.S.C. 672b, 660b, 643a, and 672c); and (d) section 18 of the Act of April 25, 1940 (54 Stat. 166; 46 U.S.C. 526q). Approved October 6, 1980. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 96-1075 (Comm. on Merchant Marine and Fisheries) and No. SENATE REPORT No. 96-886 (Comm. on Commerce, Science, and Transportation). June 30, considered and passed House. Aug. 18, considered and passed Senate, amended. 76-416 0 - 81 - 48 Public Law 96-380 96th Congress An Act To establish a Towing Safety Advisory Committee in the Department of Transportation. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) there is established a Towing Safety Advisory Committee (hereinafter referred to as the "Committee"). The Committee shall consist of sixteen members with particular expertise, knowledge, and experience regarding shallow-draft inland and coastal waterway navigation and towing safety as follows: (1) seven members from the barge and towing industry, reflecting a regional geographic balance; (2) one member from the offshore mineral and oil supply vessel industry; and (3) two members from each of the following (A) port districts, authorities, or terminal operators; (C) shippers (of whom at least one shall be engaged in the (D) the general public. Oct. 6, 1980 (H.R. 6242] Towing Safety Advisory Committee, establishment. 33 USC 1231a Membership. (b) The Secretary of the department in which the Coast Guard is Appointments. operating (hereinafter referred to as the "Secretary") shall appoint the members of the Committee. The Secretary shall designate one of the members of the Committee as the Chairman and one of the members as the Vice Chairman. The Vice Chairman shall act as Chairman in the absence or incapacity of, or in the event of a vacancy in the office of, the Chairman. The Secretary may request the Secretary of the Army and the Secretary of Commerce to each designate a representative to participate as an observer on the Committee. (c) The Committee shall advise, consult with, and make recommen- Functions. dations to the Secretary on matters relating to shallow-draft inland and coastal waterway navigation and towing safety. Any advice or recommendation made by the Committee to the Secretary shall reflect the independent judgment of the Committee on the matter concerned. The Secretary shall consult with the Committee before taking any significant action affecting shallow-draft inland and coastal waterway navigation and towing safety. The Committee shall meet at the call of the Secretary, but in any event not less than once during each calendar year. All proceedings of the Committee shall be open to the public, and a record of the proceedings shall be made available for public inspection. Meetings. Public proceedings and record. |