Page:United States Statutes at Large Volume 94 Part 2.djvu/236

 94 STAT. 1514 46 USC 391; ante, p. 1513. "Passenger."

"Freight for hire." "Freight carrying vessel. New offshore supply vessel, inspection.

Existing offshore supply vessel, inspection.

Manning level.

PUBLIC LAW 96-378—OCT. 6, 1980

"(4) In the application of section 4417 or 4426 of this title or the Act of May 10, 1956 (70 Stat. 151), as amended (46 U.S.C. 390-390g), to an offshore supply vessel, the term 'passenger' means any person carried on board the vessel other than— "(i) the owner; "(ii) a representative of the owner; "(iii) the master; "(iv) a bona fide member of the crew engaged in the business of the vessel who has contributed no consideration for carriage on board and is paid for services on board; "(v) an employee of the owner, or of a subcontractor to the owner, employed in the business of the owner; "(vi) a charterer of the vessel; "(vii) a person with the same relationship to a charterer as a person in (ii) or (v) above has to an owner; "(viii) a person employed in some phase of exploration, exploitation, or production of offshore mineral or energy resources served by the vessel; or "(ix) a bona fide guest who has contributed no consideration for carriage on board. "(5) The terms 'freight for hire' in section 4426 of this title and 'freight carrying vessel' in the Act of May 10, 1956 (70 Stat. 151), as amended (46 U.S.C. 390-390g), have no application to an offshore supply vessel. (6) Each new offshore supply vessel is subject to inspection as follows: "(i) a vessel of above fifteen and less than one hundred gross tons is subject to inspection to the same extent as a freight carrying vessel as defined in the Act of May 10, 1956 (70 Stat, 151), as amended (46 U.S.C. 390-390g). "(ii) a vessel of one hundred gross tons and less than five hundred gross tons is subject to inspection under this title to the same extent as a vessel propelled in whole or in part by steam. In issuing regulations for the inspection of these vessels, the Secretary of the department in which the Cosist Guard is operating shall take into consideration the characteristics of these vessels, their method of operations, and the service in which they are engaged. "(7) Each existing offshore supply vessel is likewise subject to inspection under this title or under the Act of May 10, 1956 (70 Stat. 151), as amended (46 U.S.C. 390-390g), as applicable. Such a vessel, however, shall not be subject to rules, regulations, or standards for major structural or major equipment requirements unless compliance therewith is necessary in order to remove an especially hsizardous condition. Each existing offshore supply vessel that does not possess a valid certificate of inspection issued by the Secretary shall be registered by its owner with the Secretan^ within three months of the date of enactment of this section. The Secretary shall cause the initial inspection of each such vessel to be made within two years of its registration date. Upon registration each existing offshore supply vessel shall be held to be in compliance with all applicable vessel inspection laws pending verification by actual inspection. The Secretary shall establish a reasonable time schedule to bring vessels subject to this subsection into compliance with applicable requirements. For the interim period, between registration and initial inspection, the Secretary shall prescribe a manning level for each such vessel in accordance with applicable law. On or after January 1, 1989, each existing offshore supply vessel that is twenty years or older shall be subject to inspection under subsection (6) of this section.

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