SUBCHAPTER 1C.-ADMINISTRATION OF SHIPPING LAWS Superintendence of commercial marine and merchant seamen; documentation

46 U.S.C. 2

The Commandant of the Coast Guard and the Commissioner of Customs shall have general superintendence of the commercial marine and merchant seamen of the United States, so far as vessels and seamen are not, under existing laws, subject to the supervision of any other officer of the Government. The Commissioner of Customs shall be specially charged with the decision of all questions relating to the issue of registers, enrollments, and licenses of vessels, and to the filing and preserving of those documents; and wherever in this title any of the above-named documents are required to be surrendered they shall be surrendered and returned to the Commissioner of Customs.

Administration of inspection laws

46 U.S.C. 372 (R.S. 4403)

The Commandant of the Coast Guard shall superintend the administration of the steamboat-inspection laws, and produce a correct and uniform administration of the inspection laws, rules, and regulations.

Regulations of the Commandant

46 U.S.C. 375 (R.S. 4405)

The Commandant of the Coast Guard shall establish all necessary regulations required to carry out in the most effective manner the provisions of title 52 of the Revised Statutes, and also regulations, prohibiting useless and unnecessary whistling, and such regulations shall have the force of law.

NOTE. Title 52 of the Revised Statutes is now contained in 46 U.S.C. 170. 214, 215, 222, 224, 224a, 226, 228, 229, 230-234, 239, 240, 361, 362, 364, 372, 375, 391, 391a, 392, 393, 399, 400, 402-414, 416, 435, 436, 451-453, 460, 461, 462, 464, 467, 470, 471, 473, 477-482, 489, and 491-498.

Regulations

46 U.S.C. 416 (R.S. 4462)

The Commandant of the Coast Guard shall make such regulations as may be necessary to secure the proper execution and carry out the purposes of title 52 of the Revised Statutes, and sections 369 and 382b of this title.

Enforcement of sections 643, 660a, 672, 672a, 673, and 710a; rules and regulations

46 U.S.C. 689

The Commandant of the Coast Guard shall enforce sections 643, 660a, 672, 672a, 673, and 710a of this title as to all vessels of the United States subject to the provisions of said sections through collectors of customs and other Government officers acting under the direction

of the Coast Guard, and shall make such rules and regulations as he may deem necessary to carry out the provisions of said sections. (June 25, 1936, c. 816, § 7, 49 Stat. 1936; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097.)

Annual list of vessels; report of increase; report on navigation laws

46 U.S.C. 4

The Commissioner of Customs shall annually prepare and publish a list of vessels of the United States belonging to the commercial marine, specifying the official number, signal letters, names, rig, tonnage, home port, and place and date of building of every vessel, distinguishing in such list sailing vessels from such as may be propelled by steam or other motive power. He shall also report annually to the Secretary of the Treasury the increase of vessels of the United States, by building or otherwise, specifying their number, rig, and motive power. The Commandant of the Coast Guard and the Commissioner of Customs shall also investigate the operations of the laws relative to navigation, and annually report to the Secretary of the Treasury such particulars as may, in their individual judgment, admit of improvement or may require amendment.

Records and reports of inspections and licenses

46 U.S.C. 414 (R.S. 4457)

Coast Guard officials shall keep a record of certificates of inspection of vessels, their boilers, engines, and machinery, and of all their acts in their examination and inspection of steamers, whether of approval or disapproval; and when a certificate of approval is recorded, the original shall be delivered to the collector or other chief officer of the customs of the district. They shall also keep a like record of all licenses granted to masters, mates, pilots, and engineers, and of all refusals of the same, of all suspensions and revocations of licenses, of all refusals, suspensions, or revocations of which they shall receive notices from other districts. They shall also keep an accurate account of every steamer boarded by them during the year, and of all their official acts and doings.

Extra pay for overtime services; payment by owner or master or agent; appropriations; regulation of varying working hours 46 U.S.C. 382b

The Commandant of the Coast Guard shall fix a reasonable rate of extra compensation for overtime services of Coast Guard officials and customs officers and employees, who may be required to remain → on duty between the hours of 5 o'clock postmeridian and 8 o'clock antemeridian or on Sundays or holidays to perform services in connection with the inspection of vessels or their equipment, supplying or signing on or discharging crews of vessels on the basis of one-half day's additional pay for each two hours or fraction thereof of at least one hour that the overtime extends beyond 5 o'clock postmeridian (but not to exceed two and one-half days' pay for the full period from 5 o'clock postmeridian to 8 o'clock

antemeridian) and two additional days' pay for Sunday or holiday duty. The said extra compensation for overtime services shall be paid by the master, owner, or agent of such vessel to the local United States collector of customs or his representative who shall deposit such collection into the Treasury of the United States to an appropriately designated receipt account. The amount of the receipts so covered during the fiscal year 1936 is authorized to be appropriated and made available for payment of extra compensation for overtime services to the several employees entitled thereto according to rates fixed therefor by the Secretary of Commerce: Provided, That effective July 1, 1936, and thereafter, the amounts of such collections received by the said collector of customs or his representative shall be covered into the Treasury as miscellaneous receipts; and the payments of such extra compensation to the several employees entitled thereto shall be made from the annual appropriations for salaries and expenses of the Coast Guard: Provided further, That to the extent that the annual appropriations, which are hereby authorized to be made from the general fund of the Treasury, are insufficient, there are hereby authorized to be appropriated from the general fund of the Treasury such additional amounts as may be necessary, to the extent that the amounts of such receipts are in excess of the amounts appropriated: Provided further, That such extra compensation shall be paid if such officers or employees have been ordered to report for duty and have so reported, whether the actual inspection of the vessel or her equipment, or the supplying, or signing on, or discharging crews takes place or not: And provided further, That in those ports where customary working hours are other than those hereinabove mentioned, the Coast Guard officials or collectors of customs, as the case may be, are vested with authority to regulate the hours of such employees so as to agree with prevailing working hours in said ports, but nothing contained in this proviso shall be construed in any manner to alter the length of a working day for the Coast Guard officials or customs officers and employees, or the overtime pay herein fixed.

Punishment for certifying falsely

46 U.S.C. 403 (R.S. 4425)

Every inspector who willfully certifies falsely touching any steam vessel, as to her hull, accommodations, boilers, engines, machinery, or other appurtenances, or any of her equipments, or any matter or thing contained in any certificate signed and sworn to by him, shall be punished by fine of not more than $500, or imprisonment for not more than six months, or both.

Unauthorized fees for inspection of vessels 18 U.S.C. 1912

Whoever, being an officer, employee, or agent of the United States or any agency thereof, engaged in inspection of vessels, upon any pretense, receives any fee or reward for his services, except what is allowed to him by law, shall be fined not more than $500 or impris oned not more than six months, or both; and shall forfeit his office.

Certain fees abolished

46 U.S.C. 331

No fees shall be charged or collected by collectors or other officers of customs, or by Coast Guard officials, for the following services to vessels of the United States, to wit: Measurement of tonnage and certifying the same, except that the compensation and necessary travel and subsistence expenses of the officers so measuring or certifying such vessels at the request of the owners thereof at a place other than a port of entry or a customs station shall be paid by such owners; issuing of license or granting of certificate of registry, record, or enrollment, including all indorsements on the same and oath; indorsement of change of master; certifying and receiving manifest, including master's oath and permit; granting permit to vessels licensed for the fisheries to touch and trade; granting certificate of payment of tonnage dues; recording bill of sale, mortgage, hypothecation or conveyance, or the discharge of such mortgage or hypothecation; furnishing certificate of title; furnishing the crew list; certificate of protection to seamen; bill of health; shipping or discharging of seamen, as provided by title 53 of the Revised Statutes and sections 563 and 646 of this title; apprenticing boys to the merchant service; inspecting, examining, and licensing steam vessels, including inspection certificate and copies thereof; and licensing of master, engineer, pilot, or mate of a vessel. (June 19, 1886, c. 421, § 1, 24 Stat. 79; Apr. 4, 1888, c. 61, § 2, 25 Stat. 80; June 25, 1938, 5 p.m. e.s.t., c. 679, § 19(a), 52 Stat. 1087; 1946 Reorg. Plan No. 3, §§ 101–104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097.)

Dismissal of official disclosing source of information

46 U.S.C. 234 (R.S. 4448)

No Coast Guard official receiving information from a licensed officer who is employed on any vessel as to the defects in such vessel, or her equipments, boilers, or machinery, or that any provision of title 52 of the Revised Statutes is being violated, shall impart the name of such licensed officer, or the source of his information to any person other than his superiors in the Coast Guard. Any Coast Guard official violating this provision shall be subject to dismissal from the service.

Copies of laws governing marine inspection to be kept on passenger vessels

46 U.S.C. 492 (R.S. 4494)

Every master or commander of any steam vessel carrying passengers shall keep on board of such vessel at least two copies of the provisions of title 52 of the Revised Statutes, to be furnished to him by the Commandant of the Coast Guard; and if the master or commander neglects or refuses to do so, or shall unreasonably refuse to exhibit copy of the same to any passenger who asks for it, he shall be liable to a penalty of $20.

Demanding or receiving remuneration for supplying seamen for merchant vessels; penalty

46 U.S.C. 542a (R.S. 4595)

Every Coast Guard official to whom the duties of shipping commissioner have been delegated and every clerk or employee in any shipping office, who demands or receives any remuneration whatever, either directly or indirectly, for hiring or supplying any seaman for any merchant vessels shall for every such offense be liable to a penalty of not more than $200. (R.S. § 4595; June 19, 1886, ch. 421, § 1, 24 Stat. 79; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097.)

When officers of customs shall act

46 U.S.C. 543 (R.S. 4503)

In any port in which no Coast Guard official to perform the duties of shipping commissioner shall have been appointed, the whole or any part of the business of a shipping commissioner shall be conducted by the collector or deputy collector of customs of such port; and in respect of such business such customhouse shall be deemed a shipping office, and the collector or deputy collector of customs to whom such business shall be committed, shall, for all purposes, be deemed a Coast Guard official to whom the duties of shipping commissioner within the meaning of title 53 of the Revised Statutes have been delegated. (R.S. § 4503; 1946, Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097.)