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time basis is as much a part of the conduct of the war as the opposite process of readjustment and conversion in preparation for prosecution of actual hostilities. Therefore, all merchant cargo and tank vessels registered, or enrolled and licensed under the laws of the United, States, shall be considered to be engaged in the conduct of the war so long as this Conditional Waiver of Manning Requirements dated April 8, 1943, as amended, remains in effect, or unless a local representative of the United States Maritime Commission informs the appropriate Coast Guard District Commander or Officer in Charge, Marine Inspection, that a particular vessel or vessels in either of such classes should not be so included. [Undesignated paragraph added]

This condi

Authority for waiver. tional waiver is made and is effective pursuant to and under authority of section 501 of the Second War Powers Act (Sec. 501, 56 Stat. 180, 50 Appendix USC, 635), as extended, and the order of the Acting Secretary of the Navy, dated October 1, 1942 (7 F. R. 7979), as amended by order of the Secretary of the Navy dated June 5. 1945 (10 F. R. 6848), as continued by Executive Order 9666, dated December 28, 1945 (11 F. R. 1), Reorganization Plan No. 3 of 1946 (11 F. R. 7875), Coast Guard General Order 1-46, dated January 1, 1946 (11 F. R. 185), and Coast Guard General Order 2-46, approved July 16, 1946 (11 F.R. 7775). [Last paragraph amended]

CODIFICATION: The order dated Oct. 1, 1942 (46 CFR, 1943 Supp., Appendix) was amended in the following respects by Regulation, Commandant, U. S. Coast Guard, Nov. 8, 1946, 11 F.R. 13526:

1. The last sentence of the first paragraph was deleted.

2. The undesignated paragraph set forth above was inserted between the first and second undesignated paragraphs.

3. The last paragraph was amended to read as set forth above.

CONDITIONAL WAIVER OF MANNING
REQUIREMENTS

Having determined upon investigation that there is a shortage of experienced personnel in the merchant marine industry due to the increase of the number of ships required to be manned and the demands of other industries and the Armed Services upon the available manpower of the country, and that as a result of such shortage the masters of mer

chant cargo vessels and tank vessels engaged in business connected with the conduct of the war or in any trade or commerce deemed necessary in the national interest, have been unable to obtain the number of experienced personnel required for their vessels by or pursuant to law or regulation; therefore, to avoid delays in the sailings of such merchant vessels, to insure that such vessels have on board the best qualified crews available, to provide a simplified and uniform procedure for accomplishing the foregoing and otherwise to further the conduct of the war, I find in the case of merchant cargo vessels and tank vessels engaged in business connected with the conduct of the war, or in any trade or commerce deemed necessary in the national interest, that the waiver of the navigation and vessel inspection laws and regulations is necessary in the conduct of the war to the extent and in the manner and upon the terms and conditions set forth in the following paragraphs. The phrase, "conduct of the war" as used herein, comprehends the conduct of the government's military and civilian programs in the readjustments to post-hostilities conditions in the United States, its possessions or territories, and in theaters of war, including disposition of personnel and matériel, government of occupied territory and rehabilitation of liberated areas.

Extent, terms and conditions of waivers. The master of any cargo vessel or tank vessel engaged in business connected with the conduct of the war or any trade or commerce deemed necessary in the public interest may if such action is necessary to permit such vessel to sail without delay substitute for any licensed officer or rated seaman required as part of the complement of such vessel by or pursuant to law or regulation, any licensed officer of lower rank, who is an American citizen, or any certified seaman of lower rating: Provided,

Authority for waiver. This conditional waiver is made and is effective pursuant to and under authority of section 501 of the Second War Powers Act (Sec. 501, 56 Stat. 180, 50 Appendix USC, Sup. IV, 635), as extended, and the order of the Acting Secretary of the Navy dated 1 October, 1942 (7 F.R. 7979), as amended by order of the Secretary of the Navy dated June 5, 1945 (10 F.R. 6848), as continued by Executive Order 9666, dated December 28, 1945 (11 F. R. 1), and Coast Guard General Order 1-46 of the Secre

tary of the Treasury, dated January 1, 1946 (11 F.R. 185).

CODIFICATION: The order dated Apr. 8, 1943, as amended Aug. 30, 1945 (46 CFR, Supps., Appendix) was amended in the following respects by Order, Commandant, Jan. 4, 1946, 11 F.R. 300:

1. The first paragraph was amended to read as set forth above.

2. In the second paragraph the first part of the first sentence preceding the proviso was amended to read as set forth above.

3. The last paragraph was amended to read as set forth above.

CERTIFICATES OF AWARD OF NUMBERS FOR UNDOCUMENTED VESSELS

REFUSAL TO ISSUE CERTIFICATES OF AWARD OF NUMBER TO CERTAIN MOTORBOAT OWNERS

CODIFICATION: The order dated Aug. 24, 1942 (46 CFR, 1943 Supp., page 2077) was revoked by Order, Acting Secretary of the Treasury, Sept. 10, 1946, effective Sept. 25, 1946, 11 F.R. 10770, to the extent necessary to permit the Commandant, United States Coast Guard or any Coast Guard officer whom ⚫ the Commandant, United States Coast Guard may designate to refuse to issue certificates of award of number to the owners of undocumented motorboats.

INSPECTION

LOAD LINES FOR GREAT LAKES VOYAGES By virtue of the authority vested in me by the order of the Acting Secretary of the Navy, dated October 1, 1942 (46 CFR, 1943 Supp., page 2074), as amended by order of the Secretary of the Navy dated June 5, 1945 (46 CFR, 1945 Supp., page 4231) and continued in effect by order of the Secretary of the Treasury dated January 1, 1946 (11 F. R. 185) I hereby find it to be necessary in the conduct of the war that there be waived so much of § 45 016 of the Load Line Regulations (46 CFR 45.016) as to permit vessels engaged in voyages on the Great Lakes of North America to load to their summer load lines during the year 1946 through September 1946. [Order, Sept. 12, 1946, 11 F.R. 10436]

CUBIC CAPACITY OF LIFEBOATS ON EC-2 (LIBERTY) TYPE VESSELS

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DESIGNATED ITEMS OF EQUIPMENT ON U. S. MARITIME COMMISSION VESSELS, DESIGNS C1-M-AV1 AND R1-M-AV3

NOTE: For cancellation of waiver, see Order of Sept. 9, 1946, effective Sept. 11, 1946, page 6549, supra.

PARTITIONS BETWEEN TOILETS IN TOILET ROOMS AND NUMBER OF TOILETS TO BE PROVIDED FOR MEMBERS OF THE CREW ON EC-2-S-C1 CARGO VESSELS

NOTE: For cancellation of waiver, see Order of Sept. 9, 1946, effective Sept. 11, 1946, page 6549, supra.

ESCAPE PANELS ON VESSELS TRANSPORTING
TROOPS FOR THE UNITED STATES ARMY
NOTE: For cancellation of waiver, see
Order of Sept. 9, 1946, effective Sept. 11,
1946, page 6549, supra.

MASTER CONTROL VALVE FOR STEAM
SMOTHERING SYSTEM

NOTE: For cancellation of waiver, see Order of Sept. 9, 1946, effective Sept. 11, 1946, page 6549, supra.

LIFE FLOATS ON CERTAIN MARITIME COMMISSION CARGO VESSELS

NOTE: For cancellation of waiver, see Order of Sept. 9, 1946, effective Sept. 11, 1946, page 6549, supra.

ACID-BESSEMER STEEL PIPE

NOTE: For cancellation of waiver, see Order of Sept. 9, 1946, effective Sept. 11, 1946, page 6549, supra.

MARINE ENGINEERING AND MATERIAL SPECIFICATIONS; FLANGES FOR CLASS II PIPING

NOTE: For cancellation of waiver, see Order of Sept. 9, 1946, effective Sept. 11, 1946, page 6549, supra.

MARINE ENGINEERING AND MATERIAL SPECIFICATIONS; FLANGES AND FITTINGS FOR CLASS II PIPING

NOTE: For cancellation of waiver, see Order of Sept. 9, 1946, effective Sept. 11, 1946, page 6549, supra.

24-FOOT METALLIC LIFEBOATS (COAST GUARD BUILT-IN-TANK TYPE) MANUFACTURED BY GLOBE AMERICAN CORPORATION (ORDER OF APRIL 27, 1945)

NOTE: For cancellation of waiver, see Order of Sept. 9, 1946, effective Sept. 11, 1946, page 6549, supra.

24-FOOT METALLIC LIFEBOATS (Coast GUARD BUILT-IN-TANK TYPE) MANUFACTURED BY GLOBE AMERICAN CORPORATION (ORDER OF JUNE 11, 1945)

NOTE: For cancellation of waiver, see Order of Sept. 9, 1946, effective Sept. 11, 1946, page 6549, supra.

LICENSING AND CERTIFICATING MERCHANT MARINE PERSONNEL

POSTING OF LICENSE UNDER GLASS CODIFICATION: The order dated Mar. 21, 1942 (46 CFR, 1943 Supp., page 2078) was revoked by Order, Acting Secretary of the Treasury, Jan. 8, 1946, effective Feb. 1, 1946, 11 FR. 494.

POSTINGS UNDER GLASS ON OCEAN AND COASTWISE VESSELS

CODIFICATION: The order dated Apr. 6, 1944 (46 CFR, 1944 Supp., page 3474) was revoked by Order, Commandant, Jan. 7, 1946, 11 F.R. 494.

LICENSED OFFICERS OR CERTIFIED TANKERMEN ON TOWING VESSELS TOWING TANK BARGES ON GULF INTRACOASTAL WATERWAY

CODIFICATION: The order dated Nov. 15, 1944 (46 CFR, 1944 Supp., page 3476) was revoked by Order, Commandant, Mar. 26, 1946, effective Mar. 27, 1946, 11 F.R. 3206.

NOTE: For cancellation of waiver, see Order of Sept. 9, 1946, effective Sept. 11, 1946, page 6549, supra.

PILOTS ON ALASKAN RUNS

HOURS OF DUTY AND WATCHES

NOTE: For cancellation of waiver, see Order of Sept. 9, 1946, effective Sept. 11, 1946, page 6549, supra.

SHIPPING OF SEAMEN

DESCRIPTION OF VOYAGE IN SHIPPING

ARTICLES

CODIFICATION: The order dated Mar. 6, 1942 (46 CFR, 1943 Supp., page 2080) was revoked by Order, Secretary of the Treasury, July 2, 1946, effective July 4, 1946, 11 F. R. 7463.

PHILIPPINE CITIZENS AND SUBJECTS CODIFICATION: The order dated Apr. 30, 1942 (46 CFR, 1943 Supp., page 2080) was revoked

by Order, Acting Secretary of the Treasury, Sept. 6, 1946, effective Sept. 11, 1946, 11 F.R. 10076; Provided, That all Philippine citizens or subjects signed on as unlicensed members of the crews of vessels of the United States on or before the effective date of this order in accordance with the order dated April 30, 1942, shall be permitted to remain as such crew members without the vessel being subJect to fines or penalties until such crew members are discharged.

Philippine citizens or subjects may be employed as unlicensed members of the crews of vessels of the United States under the provisions of the waiver order, dated June 13, 1942 (7 F.R. 4515), as amended April 30, 1946 (11 F.R. 4868).

EMPLOYMENT OF ALIENS AS UNLICENSED
CREW MEMBERS

By virtue of the authority vested in me by section 501 of the act of March 27, 1942 (50 U.S.C. App. 635), Executive Order No. 9083, dated February 28, 1942 (3 CFR Cum. Supp.) as amended by Executive Order No. 9666, dated December 28, 1945 (3 CFR 1945 Supp.), I hereby amend the order dated June 13, 1942 (46 CFR, 1943 Supp., page 2081) to read as follows:

I hereby waive compliance with the provisions of section 5 (b) of the act of June 25, 1936, and sections 302 (a), (b) and (c) of the act of June 29, 1936 (46 U.S.C. 672a; 1132 (a), (b) and (c)), to the extent necessary to permit the employment of aliens in the unlicensed crew of subsidized or unsubsidized vessels of the United States in a percentage not to exceed fifty percentum of the entire unlicensed crew employed on any subsidized or unsubsidized vessel of the United States. [Order, Apr. 30, 1946, 11 F.R 48681

CHAPTER II-UNITED STATES MARITIME COMMISSION

N. B.: Dates appearing in the citations of source of documents codified in this chapter, such as dates of issuance, approval, or effectiveness, are obtained from the original document. For general statutory provisions governing effective dates, validity, and constructive notice see section 7 of the Federal Register Act (49 Stat. 502; 44 U.S.C. 307) and sections 3 and 4 of the Administrative Procedure Act (60 Stat. 238; 5 U.S.C., Sup., 1002, 1003).

Part

Subchapter A-General Provisions and Rules of Procedure

200 Organization, functions, and delegations of final authority.
201 Rules of procedure before the Commission. [Amended]
204 Records available for inspection.

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[Added]

211 Adoption of existing regulations. [Amended]

[Added]

Subchapter B-Regulations Affecting Maritime Carriers

221 Documentation, transfer or charter of vessels. [Amended]

223 Bill of lading requirements.

[Note]

231 Tariff regulations; common carriers by water in interstate commerce.

[Amended]

234 Terminal facilities; intercoastal carriers. [Revised]

235 Schedules of common carriers by water in foreign commerce. [Amended]

Subchapter F-Merchant Ship Sales Act of 1946 [Added]

299 Rules and regulations, forms, and citizenship requirements.

Subchapter G-Emergency Operations [Reassigned] 1

302 Contracts with vessel owners and rates of compensation relating thereto. 303 Contracts for carriage on vessels owned or chartered by the War Shipping Administration.

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ABBREVIATIONS: The following abbreviations are used in this chapter:

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1 Subchapters G and H consist of material transferred from Chapter III of this title; see codification note to Subchapter G in text. With respect to Subchapter G see also Part 341, infra.

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CROSS REFERENCES: Bureau of Customs, see Title 19, Chapter I.

Coast and Geodetic Survey, see Title 33, Chapter V.

Coast Guard, see Title 33, Chapters I, III, IV.

Foreign Trade Zones Board, see Title 15, Chapter IV.

Interstate Commerce Commission, see Title 49, Chapter I.

Operation and Navigation of the Panama Canal, see Title 35, Chapter I, Part 4.

Subchapter A-General Provisions and Rules of Procedure

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AUTHORITY: §§ 200.1 to 200.102, inclusive, issued under 49 Stat. 1987, 52 Stat. 964, 60 Stat. 237; 46 U.S.C. 876, 1114.

SOURCE: $ 200.1 to 200.102, inclusive, contained in General Order, 62, United States Maritime Commission, Aug. 27, 1946, effective Sept. 11, 1946, 11 F.R. 177A-589, except as noted following provisions affected.

§ 200.1 Organization and functions of the United States Maritime Commission. (a) Pursuant to the Merchant Marine Act, 1936 (49 Stat. 1985), as amended, the Maritime Commission, an independent executive agency, administers Government aid in construction and operation of vessels in United States commerce; regulates United States foreign water-borne commerce, and freight forwarding and terminal services in connection with common carriers by water. It controls operation, purchase, charter, requisition, maintenance, insurance, and use of ocean-going United States-controlled noncombatant vessels, except Army and Navy transports and vessels engaged in domestic transportation controlled by the Office of Defense Transportation. In peace-time, the Commission regulates sales to aliens, and transfer to foreign registry of vessels, interests in which are owned by United States citizens and which are United States documented; and, during war or proclaimed emergency, regulates such sales and transfers regardless of documentation.

(b) The Commission insures certain ship mortgages made in connection with construction, reconstruction or reconditioning of vessels of not less than 200 tons, owned by United States citizens.

(c) The Commission's central office is in Washington, and it maintains District

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