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PUBLIC LAW 85-656-AUG. 14, 1968

[72

STAT.

Public Law 85-656 August 14, 1958 [S. 395^1]

Vessels. Day s i g n a l s.

P u b l i c ation of p r o p o s e d rules, etc.

Persons liable.

V e s s e l s liable.

62 Stat. 250. Regulations furnished to v e s s e l s.

AN ACT To amend the Act of June 7, 1897, as amended, and section 4233A of the Revised Statutes, so as to authorize the Secretary of the Treasury to prescribe day signals for certain vessels, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That sections 2, 3, and 4 of the Act of June 7, 1897, as amended (30 Stat. 102; 33 U.S.C. 157,158, and 159) are further amended to read as follows: "SEC. 2. (a) The Secretary of the Department in which the Coast Guard is operating shall establish such rules to be observed, on the waters described in section 1 of this Act, by steam vessels in passing each other and as to the lights and day signals to be carried on such waters by ferryboats, by vessels and craft of all types when in tow of steam vessels or operating by hand power or horsepower or drifting with the current, and by any other vessels not otherwise provided for, not inconsistent with the provisions of this Act, as he from time to time may deem necessary for safety, which rules are hereby declared special rules duly made by local authority. A pamphlet containing such Act and regulations shall be furnished to all vessels and craft subject to this Act. On vessels and craft over sixty-five feet in length the pamphlet shall, where practicable, be kept on board and available for ready reference. "(b) Except in an emergency, before any rules or any alteration, amendment, or repeal thereof, are established by the Secretary under the provisions of this section, the said Secretary shall publish the proposed rules, alterations, amendments, or repeals, and public hearings shall be held with respect thereto on such notice as the Secretary deems reasonable under the circumstances. "SEC. 3. Every licensed and unlicensed pilot, engineer, mate, or master of any vessel who violates the provisions of this Act or the regulations established pursuant hereto shall be liable to a penalty of not exceeding $500, and for all damages sustained by any passenger, in his person or baggage, as a result of such violation: Provided, That nothing herein shall relieve any vessel, owner, or corporation from any liability incurred by reason of such violation. "SEC. 4. Every vessel which is navigated in violation of any of the provisions of this Act or the regulations established pursuant hereto shall be liable to a penalty of $500, one-half to go to the informer, for which sum such vessel may be seized and proceeded against by action in any district court of the United States having jurisdiction of the offense." SEC. 2. Section 4233A of the Revised Statutes (33 U.S.C. 353) is amended to read as follows: "SEC. 4233A. (a) The Secretary of the Department in which the Coast Guard is operating shall establish such rules to be observed, on the waters described in section 4233, by steam vessels in passing each other and as to the lights and day signals to be carried on such waters by ferryboats, by vessels and craft of all types when in tow of steam vessels or operating by hand power or horsepower or drifting with the current, and by any other vessels not otherwise provided for, not inconsistent with the provisions of this Act, as he from time to time may deem necessary for safety, which rules are hereby declared special rules duly made by local authority. A pamphlet containing such Act and regulations shall be furnished to all vessels and craft subject to this Act, On vessels and craft over sixty-five feet in length the

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