Page:United States Statutes at Large Volume 94 Part 2.djvu/237

 PUBLIC LAW 96-378—OCT. 6, 1980

94 STAT. 1515

"(8) No offshore supply vessel may be navigated without a licensed deck officer and, if over two hundred gross tons, without a licensed engineer. "(9) No offshore supply vessel operating on January 1, 1979, under a certificate of inspection issued by the Secretary shall be subjected to any higher standards or new inspection requirements as a result of the enactment of this section. "(10) No offshore supply vessel may carry passengers except in an emergency. An offshore supply vessel that takes aboard one or more passengers in an emergency does not alter its character as an offshore supply vessel under this section.". SEC. 2. Section 4438 of the Revised Statutes (46 U.S.C. 224), is amended to read as follows: "SEC. 4438. The Secretary of the department in which the Coast Guard is operating shall license and classify the masters, chief mates, and second and third mates, engineers and pilots of all vessels subject to the vessel inspection or manning laws of the United States. In classifying licensed officers under this section, the Secretary shall, where possible, establish suitable career patterns, and service and other qualifying requirements, appropriate to the particular service or industry in which the officers are engaged. It shall be unlawful to employ any person or for any person to serve as a master, mate, engineer, or pilot of any such vessel, when required to be licensed by the laws of the United States, or the regulations issued in implementation thereof, who is not licensed by the Secretary. Anyone violating this section is liable to a civil penalty of not more than $500 for each offense. Each day of a continuing violation shall constitute a separate offense.". SEC. 3. The Act of May 10, 1956 (70 Stat. 151), as amended (46 U.S.C. 390-390g), is amended as follows: (1) Section 1(a) is amended by striking the words "passengercarrying". (2) Section 1(b) is amended to read as follows: "(b) The term *passenger-carrying vessel' means any vessel which carries more than six passengers, and which is (1) propelled in whole or in part by steam or by any form of mechanical or electrical power and is of less than one hundred gross tons; (2) propelled by sail and is of seven hundred gross tons or less; or (3) non-self-propelled and is of one hundred gross tons or less; except any public vessel of the United States or of any foreign state, or any lifeboat forming part of a vessel's lifesaving equipment. The term includes (1) a domestic vessel operating on the navigable waters of the United States, or on the high seas outside of those waters and within the normal operating range of the vessel, and (2) a foreign vessel departing from a port of the United States.". (3) Section 1 is amended by adding a new subsection as follows: "(e) The term 'freight-carrying vessel' means a vessel which carries freight for hire, is propelled by machinery, and is above fifteen gross tons and less than one hundred gross tons. The term does not include (1) vessels propelled by machinery other than steam and engaged in fishing as a regular business, or (2) vessels of foreign registry.". (4) Section 2(a) is amended by striking the words "passengercarrying vessel," and inserting in lieu thereof the words "passengercarrying vessel and each freight-carrying vessel,". (5) Section 3 is amended by striking the words "passenger-carrying vessels" and inserting in lieu thereof the words "passenger-carrying vessels and freight-carrying vessels".

Officers, licensing and classification.

Violation; penalty.

46 USC 390. "Passengercarrying vessel.'

"Freightcarrying vessel.'

46 USC 390a. 46 USC 390b.

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