Page:United States Statutes at Large Volume 49 Part 1.djvu/1427

 13 82 Rules and regula- tions. Class ificati on of m a- rine casualties, etc. "Se riou s" ca sual ties. "Less serious" cas- ualt ies. Other personal serv- ices. Investigations of vio- lations of Act or regula- tions. Incompetencre or mis- cond uct . Sco pe of inve stiga - tions. Ri ghts of person sub- ject to investigation. Securing evidence. 74in C ONGRESS. SESS. II. CH. 463 . MAY 27, 1936. "(b) The Secretary of Commerce shall es tablish rules and regula- tio ns fo r the inve stiga tion of ma rine casua lties and accid ents not involving loss of life, any -act in violation of any of the provisions of this title or of any of the regulations issued thereunder, and all cases of acts of incompetency or misconduct committed by any licensed officer or holder of a certificate of service while acting under the authority of his license or certificate of service, whether or not any of such acts are committed in connection with any marine casualty or accident . The Secretary of Commerce shall classify marine casualties and accidents not involving loss of life according to the gravity thereof and in making such classification the Secretary shall give consideration to the extent of injuries to persons, the extent of property damage, the dangers actual or potential which such marine casualties or accidents may create to the safety of navi- gation or commerce. All such marine casualties or accidents classi- fied as serious shall be investigated by a marine board appointed by the Secretary of Commerce consisting of two principal traveling inspectors and a supervising inspector of the Bureau of Marine Inspection and Navigation. Marine casualties or accidents classified as less serious shall be investigated by 'a marine board consisting of representatives of the Bureau of Marine Inspection and Navigation designated by the Director thereof. "(c) The said boards provided for in subsections (a) and (b) of this section shall, upon the appro val of the Director of the Bureau of Marine Inspection and Navigation, have autho rity to engage such other assistants, clerical or technical, as may be deemed necessary by the said Director . The members of said boards shall not receive any compensation in addition to that for their regular appointment but shall be e ntitl ed to thei r nec essar y tra velin g exp enses whil e traveling on official business . "(d) All acts in violation of any of the provisions of this title or of any of the regulations issued thereunder, whether or not com- mitted in connection with any marine casualty or accident, and all acts of incompetency or misconduct, whether or not committed in connection with any marine casualty or accident, committed by any licensed officer acting under authority of his license or by any chief or assistant steward, purser, radio operator, electrician, able seaman, or lifeboat man acting under authority of a cer tificate of service issued to him by the Bureau of Marine Inspection and Navigation, and all m arine casu altie s and acci dents and the a ttend ant c ircum - stances shall be immediate) investigated by the appropriate board as provided in subsections (a) and (b) of this section . Such board shall determine, as far as possibl e, the cause of any such casualty or accident, the persons responsible therefor, and whether or not the United States Government employees charged with the inspection of the vessel or the vessels involved and with the examination and licensing of the officers thereof have properly performed their duties in conne ction with such insp ectio n, ex amina tion and l icens ing . In all investigations conducted under the authority of this section, any owner licensed officer, or any holder of a certificate of service, or any other person whose conduct is under investigation, or any other party in interest, shall be allowed to be represented by counsel, to cro ss-ex amine witn esses, and to c all w itnes ses i n his own behal f, and a full and complete record of the facts and circumstances shall be submitted to the Director of the Bureau of Marine Inspection and Nav i a In any investigation directed by this section a marine casualty investigation board or a marine board shall have power to summon before it witnesses and to require the production of books, papers,