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"That any steam-vessel engaged in the business of towing vessels, rafts, or water-craft of any kind, and not carrying passengers, may be authorized and licensed by the supervising inspector of the district in which said steamer shall be employed, to carry on board such number of persons, in addition to its crew, as the supervising inspector in his judgment, shall deem necessary to carry on the legitimate business of such towing steamers, not exceeding, however, one person to every net ton of measurement of said steamer: Provided, however, That the person so allowed to be carried shall not be carried for hire."

TRANSFER OF FUNCTIONS

The Coast Guard was transferred to the Department of Transportation and all functions, powers, and duties, relating to the Coast Guard, of the Secretary of the Treasury and of other offices and officers of the Department of the Treasury were transferred to the Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation. See section 1655 (b) of Title 49, Transportation.

All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of the Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of the officers, agencies,

and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees. The Plan excepted from the transfer the functions of the Coast Guard, and of the Commandant thereof, when the Coast Guard is operating as a part of the Navy under sections 1 and 3 of Title 14, Coast Guard. "Coast Guard" was substituted for "supervising inspector of the district in which said steamer shall be employed" and for "supervising inspector" on authority of 1946 Reorg. Plan No. 3, set out in the Appendix to Title 5. SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 459 of this title.

§ 459. Life preservers.

Every steam vessel licensed under section 458 of this title shall carry and have on board, in accessible places, one life preserver for every person allowed to be carried, in addition to those provided for the crew of such vessel. (July 9, 1886, ch. 755, § 2, 24 Stat. 129; Feb. 23, 1901, ch. 465, 31 Stat. 801.)

CODIFICATION

Prior to incorporation in the Code, act Feb. 23, 1901, reenacted act July 9, 1886, without change. See note under section 458 of this title.

19. Exemption of Fishing Vessels from Laws Governing Inspection of Steam

Vessels

46 U.S.C. 367

§ 367. Seagoing vessels propelled by internal-combustion engines; exemptions.

Existing laws covering the inspections of steam vessels are made applicable to seagoing vessels of three hundred gross tons and over propelled in whole or in part by internal-combustion engines to such extent and upon such conditions as may be required by the regulations of the Commandant of the Coast Guard: Provided, That this section shall not apply to any vessel engaged in fishing, oystering, clamming, crabbing, or any other branch of the fishery or kelp or sponge industry. As used herein, the phrase "any vessel engaged in the fishing, oystering, clamming, crabbing, or any other branch of the fishery or kelp or sponge industries" includes cannery tender or fishing tender vessels of not more than five hundred gross tons used in the salmon or crab fisheries of the States of Oregon, Washington, and Alaska which are engaged exclusively in (1) the carriage of cargo to or from vessels in the fishery or a facility used or to be used in the processing or assembling of fishery products, or (2) the transportation of cannery or fishing personnel to or from operating locations. The exemption of the foregoing sentence for cannery tender or fishing tender vessels shall continue in force for five years from July 11, 1968. Provided further, That as to licenses required for masters and engineers operating vessels propelled by interal-combustion engines operating exculsively in the district covering the Hawaiian Islands, said masters and engineers shall be under the jurisdiction of the Coast Guard officials having jurisdiction over said waters, who shall make diligent inquiry as to the character, merits, and qualifications, and knowledge and skill of any master or engineer applying for a license. If the said Coast Guard officials shall be

satisfied from personal examination of the applicant and from other proof submitted that the applicant possesses the requisite character, merits, qualifications, knowledge, and skill, and is trustworthy and faithful, they shall grant him a license for the term of five years to operate such vessel under the limits prescribed in the license. The term "seagoing vessels" as used in this section shall be construed to mean vessels which in the usual course of their employment proceed outside the line dividing the inland waters from the high seas as designated and determined under the provisions of section 151 of Title 33. (June 20, 1936, ch. 628, §§ 1, 2, 49 Stat. 1544, 1545; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; July 11, 1968, Pub. L. 90-397, § 3, 82 Stat. 341.)

AMENDMENTS

1968-Pub. L. 90-397 added provisions defining "any vessel engaged in the fishing, oystering, clamming, crabbing, or any other branch of the fishery or kelp or sponge industries" and provided for the continued exemption for cannery tender or fishing tender vessels for five years from July 11, 1968.

TRANSFER OF FUNCTIONS

The Coast Guard was transferred to the Department of Transportation and all functions, powers, and duties, relating to the Coast Guard, of the Secretary of the Treasury and of other offices and officers of the Department of the Treasury were transferred to the Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation. See section 1655 (b) of Title 49, Transportation.

All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of the Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of the officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff.

July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees. The Plan excepted from the transfer the functions of the Coast Guard, and of the Commandant thereof, when the Coast Guard is operating as a part of the Navy under sections 1 and 3 of Title 14, Coast Guard.

"Commandant of the Coast Guard" was substituted for "Board of Supervising Inspectors of Steam Vessels, with the approval of the Secretary of Commerce" and "Coast Guard officials" for "hull and boiler inspectors" on au

thority of 1946 Reorg. Plan No. 3. See note under former section 1 of this title.

ADMINISTRATIVE DELEGATION OF FUNCTIONS BY SECRETARY
OF THE TREASURY
Administrative delegation of functions by Secretary of
the Treasury, see note under former section 1 of this title.
SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 526r of this title.

20. Exemption of Vessels Engaged in Fishing as a Regular Business from Certain Inspections

46 U.S.C. 404

§ 404. Inspection of ferryboats, canal boats, and small craft; regulations; exemptions.

The hulls and boilers of every ferryboat, canal boat, yacht or other small craft of like character propelled by steam, shall be inspected under the provisions of this title. Such other provisions of law for the better security of life as may be applicable to such vessels shall, by the regulations of the Secretary of the department in which the Coast Guard is operating, also be required to be complied with before a certificate of inspection shall be granted, and no such vessel shall be navigated without a licensed engineer and a licensed pilot: Provided, That in open steam launches of ten gross tons and under, one person, if duly qualified, may serve in the double capacity of pilot and engineer. All vessels of above fifteen gross tons carrying freight for hire and all vessels of above fifteen gross tons and in excess of sixty-five feet in length carrying passengers for hire, but not engaged in fishing as a regular business, propelled by gas, fluid, naphtha, or electric motors, shall be subject to all the provisions of this section relating to the inspection of hulls and boilers and requiring engineers and pilots, and for any violation of the provisions of title 52 of the Revised Statutes applicable to such vessels, or of rules or regulations lawfully established thereunder, and to the extent to which such provisions of law and regulations are so applicable, the said vessels, their masters, officers, and owners shall be subject to the provisions of sections 494 to 498 of this title, relating to the imposition and enforcement of penalties and the enforcement of law: Provided, however, That until June 30, 1956, no vessel registered or licensed as a vessel of the United States of fifteen gross tons or less on December 31, 1953, shall be deemed to be subject to the inspection provisions of this section notwithstanding the fact that such vessel may thereafter be found to have a tonnage in excess of fifteen gross tons, unless such finding results from an alteration in the length, breadth, or depth effected after December 31, 1953: Provided further, That no vessel under one hundred and fifty gross tons, owned by or demise chartered to any cooperative or association engaged solely in transporting cargo owned by any one or more of the members of such cooperative or association on a nonprofit basis (1) between places within the inland waters of southeastern Alaska, as defined pursuant to section 151 of Title 33, or (2) between places with

in said inland waters of southeastern Alaska and Prince Rupert, British Columbia, or (3) between places within said inland waters of southeastern Alaska and places within the inland waters of the State of Washington, as also defined pursuant to such section, via sheltered waters, as defined in article I, of the Treaty between United States and Canada defining certain waters of the west coast of North America as sheltered waters, dated December 9, 1933, shall be deemed to be carrying freight for hire within the meaning of this section. As used herein, the phrase "engaged in fishing as a regular business" includes cannery tender or fishing tender vessels of not more than five hundred gross tons used in the salmon or crab fisheries of the States of Oregon, Washington, and Alaska which are engaged exclusively in (1) the carriage of cargo to or from vessels in the fishery or a facility used or to be used in the processing or assembling of fishery products, or (2) the transportation of cannery or fishing personnel to or from operating locations. The exemption of the foregoing sentence for cannery tender or fishing tender vesels shall continue in force for five years from July 11, 1968. (R.S. § 4462; Dec. 22, 1890, ch. 26, 26 Stat. 692; May 16, 1906, ch. 2460, 34 Stat. 193; 1946 Reorg. Plan No. 3, §§ 101, 104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; Aug. 31, 1954, ch. 1171, 68 Stat. 1047; May 10, 1956, ch. 258, § 6(a), (b), 70 Stat. 153; Aug. 23, 1958, Pub. L. 85-739, § 1, 72 Stat. 833; July 11, 1968, Pub. L. 90-397, § 1, 82 Stat. 341.)

DERIVATION

Act Feb. 28, 1871, ch. 100, § 58, 16 Stat. 456.
REFERENCES IN TEXT

This title, and title 52 of the Revised Statutes, referred to in the text, constitute R.S. §§ 4399-4500. For distribution of such sections in the Code, see note under section 170 of this title.

CODIFICATION

R.S. § 4426, as enacted in the Revised Statutes, was as follows: "The hull and boilers of every ferryboat, canalboat, yacht, or other small craft of like character, propelled by steam, shall be inspected under the provisions of this title. Such other provisions of law for the better security of life, as may be applicable to such vessels, shall, by the regulations of the board of supervising inspectors, also be required to be complied with, before a certificate of inspection shall be granted; and no such vessel shall be navigated without a licensed engineer and a licensed pilot."

It was amended by act Dec. 22, 1890, by adding thereto a proviso, in the following words: "Provided, however,

That in open steam-launches of ten tons burden and under, one person, if duly qualified, may serve in the double capacity of pilot and engineer."

It was further amended by act Mar. 3, 1905, ch. 1457, §4, 33 Stat. 1029, to read as follows: "The hull and boilers of every ferryboat, canal boat, yacht, or other small craft of like character propelled by steam, shall be inspected under the provisions of this title. Such other provisions of law for the better security of life as may be applicable to such vessels shall, by the regulations of the board of supervising inspectors, also be required to be complied with before a certificate of inspection shall be granted, and no such vessel shall be navigated without a licensed engineer and a licensed pilot: Provided, however, That in open steam launches of ten tons burden and under, one person, if duly qualified, may serve in the double capacity of pilot and engineer. All vessels of above fifteen tons burden carrying freight or passengers for hire, propelled by gas, fluid, naphtha, or electric motors, shall be, and are hereby. made subject to all the provisions of section forty-four hundred and twenty-six of the Revised Statutes of the United States relating to the inspection of hulls and boilers and requiring engineers and pilots, and for any violation of the provisions of this title applicable to such vessels, or of rules or regulations lawfully established thereunder, and to the extent to which such provisions of law and regulations are so applicable, the said vessels, their masters, officers, and owners shall be subject to the provisions of sections forty-four hundred and ninety-six, forty-four hundred and ninety-seven, forty-four hundred and ninety-eight, forty-four hundred and ninety-nine and forty-five hundred, relating to the imposition and enforcement of penalties and the enforcement of law."

It was again amended by act May 16, 1906, which inserted provision exempting vessels over fifteen tons engaged in fishing as regular business, and added provisions requiring vessels of fifteen tons or less, carrying passengers for hire, to carry life preservers and be in charge of a licensed person, and provision relating to requirement for obtaining the license and grounds for and effect of revoking it.

AMENDMENTS

1968-Pub. L. 90-397 added provisions defining “engaged in fishing as a regular business" and provided for the continued exemption for cannery tender or fishing tender vessels for five years from July 11, 1968.

1958 Pub. L. 85-739 inserted in third sentence proviso clause allowing vessels under 150 gross tons, owned or demise chartered to cooperative associations and carrying only merchandise of their members, to operate as uninspected vessels.

1956 Act May 10, 1956, § 6(b), substituted the words "Secretary of the department in which the Coast Guard is operating" for "Commandant of the Coast Guard" in the second sentence, the words "title 52 of the Revised Statutes" for "this title" in the third sentence, and reworded exemption of vessels over fifteen gross tons by deleting the words "or passengers" after "carrying freight" and added the words "and all vessels of above fifteen gross tons and in excess of sixty-five feet in length carrying passengers for hire" following the words "for hire".

1954-Act Aug. 31, 1954, in third sentence of section added proviso relating to inspection of vessels. The proviso will terminate on June 30, 1956.

EFFECTIVE Date of 1958 AmendmenT Section 2 of Pub. L. 85-739 provided that: "This Act [amending this section] shall be effective immediately upon enactment [Aug. 23, 1958] and shall apply only to vessels theretofore constructed: Provided, however, That

on and after Dec. 31, 1962, the transportation herein authorized shall be limited to and from places within said inland waters of southeastern Alaska not receiving annual weekly transportation service from any part of the United States by an established common carrier by water, except that this limitation shall be inapplicable to the transportation of cargo of a character not accepted for transportation by any such common carrier."

EFFECTIVE DATE OF 1956 AMENDMENT Amendment of section effective on June 1, 1958, or on the first day of the sixth month following the prescription of rules and regulations by the Secretary under section 390b of this title, whichever is later, see note set out under section 390 of this title.

REPEALS

Section 6 (a) of act May 10, 1956, repealed act Jan. 18, 1897, ch. 61, 29 Stat. 489, which according to specific stipulation by act Mar. 3, 1905, ch. 1457, § 4, 33 Stat. 1029, was an amendment of this section. The repealed act provided for regulations as to certain vessels propelled by gas, fluid, naphtha, or electric motors, and is now covered generally by sections 390 to 390g of this title.

TRANSFER OF FUNCTIONS

The Coast Guard was transferred to the Department of Transportation and all functions, powers, and duties, relating to the Coast Guard, of the Secretary of the Treasury and of other offices and officers of the Department of the Treasury were transferred to the Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation. See section 1655 (b) of Title 49, Transportation.

All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of the Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of the officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees. The Plan excepted, from the transfer, the functions of the Coast Guard, and of the Commandant thereof, when the Coast Guard is operating as a part of the Navy under sections 1 and 3 of Title 14, Coast Guard.

"Commandant of the Coast Guard" was substituted for "board of supervising inspectors" and "Coast Guard" for "local board of inspectors" on authority of 1946 Reorg. Plan No. 3. See note under former section 1 of this title.

CROSS REFERENCES

Certain Indians, residents of Metlakahtla, Alaska, although not citizens of United States, may receive licenses as operators of motorboats and other craft, and may be owners of such motorboats or other craft, subject to provisions of this section, see sections 237 and 238 of this title.

Exemption of vessels laid up and dismantled, see section 391(e) of this title.

Licenses for motorboat operators, see section 526f of this title.

Revocation and suspension of licenses, see section 239 of this title.

Section applicable to steam vessels navigating the water of Irondequoit Bay, New York, and carrying passengers, see section 365 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 365, 390 to 390g, 391, 399 of this title.

July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees. The Plan excepted from the transfer the functions of the Coast Guard, and of the Commandant thereof, when the Coast Guard is operating as a part of the Navy under sections 1 and 3 of Title 14, Coast Guard.

"Commandant of the Coast Guard" was substituted for "Board of Supervising Inspectors of Steam Vessels, with the approval of the Secretary of Commerce" and "Coast Guard officials" for "hull and boiler inspectors" on au

thority of 1946 Reorg. Plan No. 3. See note under former section 1 of this title. ADMINISTRATIVE DELEGATION OF FUNCTIONS BY SECRETARY OF THE TREASURY Administrative delegation of functions by Secretary of the Treasury, see note under former section 1 of this title. SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 526r of this title.

20. Exemption of Vessels Engaged in Fishing as a Regular Business from Certain Inspections

46 U.S.C. 404

§ 404. Inspection of ferryboats, canal boats, and small craft; regulations; exemptions.

The hulls and boilers of every ferryboat, canal boat, yacht or other small craft of like character propelled by steam, shall be inspected under the provisions of this title. Such other provisions of law for the better security of life as may be applicable to such vessels shall, by the regulations of the Secretary of the department in which the Coast Guard is operating, also be required to be complied with before a certificate of inspection shall be granted, and no such vessel shall be navigated without a licensed engineer and a licensed pilot: Provided, That in open steam launches of ten gross tons and under, one person, if duly qualified, may serve in the double capacity of pilot and engineer. All vessels of above fifteen gross tons carrying freight for hire and all vessels of above fifteen gross tons and in excess of sixty-five feet in length carrying passengers for hire, but not engaged in fishing as a regular business, propelled by gas, fluid, naphtha, or electric motors, shall be subject to all the provisions of this section relating to the inspection of hulls and boilers and requiring engineers and pilots, and for any violation of the provisions of title 52 of the Revised Statutes applicable to such vessels, or of rules or regulations lawfully established thereunder, and to the extent to which such provisions of law and regulations are so applicable, the said vessels, their masters, officers, and owners shall be subject to the provisions of sections 494 to 498 of this title, relating to the imposition and enforcement of penalties and the enforcement of law: Provided, however, That until June 30, 1956, no vessel registered or licensed as a vessel of the United States of fifteen gross tons or less on December 31, 1953, shall be deemed to be subject to the inspection provisions of this section notwithstanding the fact that such vessel may thereafter be found to have a tonnage in excess of fifteen gross tons, unless such finding results from an alteration in the length, breadth, or depth effected after December 31, 1953: Provided further, That no vessel under one hundred and fifty gross tons, owned by or demise chartered to any cooperative or association engaged solely in transporting cargo owned by any one or more of the members of such cooperative or association on a nonprofit basis (1) between places within the inland waters of southeastern Alaska, as defined pursuant to section 151 of Title 33, or (2) between places with

in said inland waters of southeastern Alaska and Prince Rupert, British Columbia, or (3) between places within said inland waters of southeastern Alaska and places within the inland waters of the State of Washington, as also defined pursuant to such section, via sheltered waters, as defined in article I, of the Treaty between United States and Canada defining certain waters of the west coast of North America as sheltered waters, dated December 9, 1933, shall be deemed to be carrying freight for hire within the meaning of this section. As used herein, the phrase "engaged in fishing as a regular business" includes cannery tender or fishing tender vessels of not more than five hundred gross tons used in the salmon or crab fisheries of the States of Oregon, Washington, and Alaska which are engaged exclusively in (1) the carriage of cargo to or from vessels in the fishery or a facility used or to be used in the processing or assembling of fishery products, or (2) the transportation of cannery or fishing personnel to or from operating locations. The exemption of the foregoing sentence for cannery tender or fishing tender vesels shall continue in force for five years from July 11, 1968. (R.S. § 4462; Dec. 22, 1890, ch. 26, 26 Stat. 692; May 16, 1906, ch. 2460, 34 Stat. 193; 1946 Reorg. Plan No. 3, §§ 101, 104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; Aug. 31, 1954, ch. 1171, 68 Stat. 1047; May 10, 1956, ch. 258, § 6(a), (b), 70 Stat. 153; Aug. 23, 1958, Pub. L. 85-739, § 1, 72 Stat. 833; July 11, 1968, Pub. L. 90-397, § 1, 82 Stat. 341.)

DERIVATION

Act Feb. 28, 1871, ch. 100, § 58, 16 Stat. 456.

REFERENCES IN TEXT

This title, and title 52 of the Revised Statutes, referred to in the text, constitute R.S. §§ 4399-4500. For distribution of such sections in the Code, see note under section 170 of this title.

CODIFICATION

R.S. § 4426, as enacted in the Revised Statutes, was as follows: "The hull and boilers of every ferryboat, canalboat, yacht, or other small craft of like character, propelled by steam, shall be inspected under the provisions of this title. Such other provisions of law for the better security of life, as may be applicable to such vessels, shall, by the regulations of the board of supervising inspectors, also be required to be complied with, before a certificate of inspection shall be granted; and no such vessel shall be navigated without a licensed engineer and a licensed pilot."

It was amended by act Dec. 22, 1890, by adding thereto a proviso, in the following words: "Provided, however,

That in open steam-launches of ten tons burden and under, one person, if duly qualified, may serve in the double capacity of pilot and engineer."

It was further amended by act Mar. 3, 1905, ch. 1457, § 4, 33 Stat. 1029, to read as follows: "The hull and boilers of every ferryboat, canal boat, yacht, or other, small craft of like character propelled by steam, shall be inspected under the provisions of this title. Such other provisions of law for the better security of life as may be applicable to such vessels shall, by the regulations of the board of supervising inspectors, also be required to be complied with before a certificate of inspection shall be granted, and no such vessel shall be navigated without a licensed engineer and a licensed pilot: Provided, however, That in open steam launches of ten tons burden and under, one person, if duly qualified, may serve in the double capacity of pilot and engineer. All vessels of above fifteen tons burden carrying freight or passengers for hire, propelled by gas, fluid, naphtha, or electric motors, shall be, and are hereby, made subject to all the provisions of section forty-four hundred and twenty-six of the Revised Statutes of the United States relating to the inspection of hulls and boilers and requiring engineers and pilots, and for any violation of the provisions of this title applicable to such vessels, or of rules or regulations lawfully established thereunder, and to the extent to which such provisions of law and regulations are so applicable, the said vessels, their masters, officers, and owners shall be subject to the provisions of sections forty-four hundred and ninety-six, forty-four hundred and ninety-seven, forty-four hundred and ninety-eight, forty-four hundred and ninety-nine and forty-five hundred, relating to the imposition and enforcement of penalties and the enforcement of law."

It was again amended by act May 16, 1906, which inserted provision exempting vessels over fifteen tons engaged in fishing as regular business, and added provisions requiring vessels of fifteen tons or less, carrying passengers for hire, to carry life preservers and be in charge of a licensed person, and provision relating to requirement for obtaining the license and grounds for and effect of revoking it.

AMENDMENTS

1968-Pub. L. 90-397 added provisions defining “engaged in fishing as a regular business" and provided for the continued exemption for cannery tender or fishing tender vessels for five years from July 11, 1968.

1958-Pub. L. 85-739 inserted in third sentence proviso clause allowing vessels under 150 gross tons, owned or demise chartered to cooperative associations and carrying only merchandise of their members, to operate as uninspected vessels.

1956 Act May 10, 1956, § 6(b), substituted the words "Secretary of the department in which the Coast Guard is operating" for "Commandant of the Coast Guard" in the second sentence, the words "title 52 of the Revised Statutes" for "this title" in the third sentence, and reworded exemption of vessels over fifteen gross tons by deleting the words "or passengers" after "carrying freight" and added the words "and all vessels of above fifteen gross tons and in excess of sixty-five feet in length carrying passengers for hire" following the words "for hire".

1954-Act Aug. 31, 1954, in third sentence of section added proviso relating to inspection of vessels. The proviso will terminate on June 30, 1956.

EFFECTIVE DATE OF 1958 AMENDMENT Section 2 of Pub. L. 85-739 provided that: "This Act [amending this section] shall be effective immediately upon enactment [Aug. 23, 1958] and shall apply only to vessels theretofore constructed: Provided, however, That

on and after Dec. 31, 1962, the transportation herein authorized shall be limited to and from places within said inland waters of southeastern Alaska not receiving annual weekly transportation service from any part of the United States by an established common carrier by water, except that this limitation shall be inapplicable to the transportation of cargo of a character not accepted for transportation by any such common carrier."

EFFECTIVE DATE OF 1956 AMENDMENT Amendment of section effective on June 1, 1958, or on the first day of the sixth month following the prescription of rules and regulations by the Secretary under section 390b of this title, whichever is later, see note set out under section 390 of this title.

REPEALS

Section 6 (a) of act May 10, 1956, repealed act Jan. 18, 1897, ch. 61, 29 Stat. 489, which according to specific stipulation by act Mar. 3, 1905, ch. 1457, § 4, 33 Stat. 1029, was an amendment of this section. The repealed act provided for regulations as to certain vessels propelled by gas, fluid, naphtha, or electric motors, and is now covered generally by sections 390 to 390g of this title.

TRANSFER OF FUNCTIONS

The Coast Guard was transferred to the Department of Transportation and all functions, powers, and duties, relating to the Coast Guard, of the Secretary of the Treasury and of other offices and officers of the Department of the Treasury were transferred to the Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation. See section 1655 (b) of Title 49. Transportation.

All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of the Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of the officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees. The Plan excepted, from the transfer, the functions of the Coast Guard, and of the Commandant thereof, when the Coast Guard is operating as a part of the Navy under sections 1 and 3 of Title 14, Coast Guard.

"Commandant of the Coast Guard" was substituted for "board of supervising inspectors" and "Coast Guard" for "local board of inspectors" on authority of 1946 Reorg. Plan No. 3. See note under former section 1 of this title.

CROSS REFERENCES

Certain Indians, residents of Metlakahtla, Alaska, although not citizens of United States, may receive licenses as operators of motorboats and other craft, and may be owners of such motorboats or other craft, subject to provisions of this section, see sections 237 and 238 of this title.

Exemption of vessels laid up and dismantled, see section 391(e) of this title.

Licenses for motorboat operators, see section 526f of this title.

Revocation and suspension of licenses, see section 239 of this title.

Section applicable to steam vessels navigating the water of Irondequoit Bay, New York, and carrying passengers, see section 365 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 365, 390 to 390g, 391, 399 of this title.

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