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87 STAT. 171

Contract
authority.
33 USC 1123.

Report to

President and
Congress.

Appropriation,

other nations, the results of marine research useful in the exploration, development, conservation, and management of marine resources.

"(b) In carrying out the study required by subsection (a), the Secretary is authorized, without regard for paragraphs (1) and (3) of section 204(d), to enter into contracts with, and make grants to, institutions, agencies, and organizations described in section 204 (c). "(c) The Secretary shall submit to the President and to the Congress the results and findings of such study, including specific recommendations, not later than September 30, 1974.

"(d) For the purpose of carrying out this section there is authorized to be appropriated not to exceed the sum of $200,000.”. Approved July 10, 1973.

LEG IS LATIVE HISTORY:

HOUSE REPORT No. 93-138 (Comm. on Merchant Marine and Fisheries).
SENATE REPORT No. 93-271 (Committees on Labor and Public Welfare and Commerce).
CONGRESSIONAL RECORD, Vol. 119 (1973):

May 8, considered and passed House.

June 28, considered and passed Senate, amended.

June 30, House o onourred in Senate amendment.

Public Law 93-106 93rd Congress, H. R. 5649 August 16, 1973

An Act

To extend until November 1, 1978, the existing exemption of the steamboat
Delta Queen from certain vessel laws,

Be it enacted by the Senate and House of Representatives of the

87 STAT. 350

United States of America in Congress assembled, That the primary Delta Queen. purpose of the amendment made by section 2 of this Act is to assure Certain vessel the continuity of operation of the overnight riverboat, the steamboat laws, exemption. Delta Queen, by extending her existing exemption from the safetyat-sea laws. A new overnight passenger riverboat will be constructed by the owners of the Delta Queen and, in order to assure the preservation of this historic and traditional piece of American folklore and life, such amendment will provide for the continued operation of the present steamboat Delta Queen while the new riverboat is being constructed.

SEC. 2. The penultimate sentence of section 5(b) of the Act of

May 27, 1936 (49 Stat. 1384, 46 U.S.C. 369(b)), as amended, is 84 Stat. 1835. amended by striking out "November 1, 1973,” and inserting in lieu thereof "November 1, 1978.”.

Approved August 16, 1973.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 93-289 (Comm. on Merchant Marine and Fisheries).
SENATE REPORT No. 93-375 accompanying S. 1625 (Comm. on Commerce).
CONGRESSIONAL RECORD, Vol. 119 (1973):

July 17, considered and passed House.
Aug. 3,

considered and passed Senate, in lieu of S. 1625.

Public Law 93-115 93rd Congress, S. 1352 October 1, 1973

An Act

To require loadlines on United States vessels, engaged in foreign voyages and foreign vessels within the jurisdiction of the United States, and for other purposes.

87 STAT, 418

1973.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may International be cited as the "International Voyage Load Line Act of 1973". Voyage Load SEC. 2. The Secretary of the department in which the Coast Guard Line Act of is operating (hereinafter referred to as "Secretary") shall enforce the provisions of this Act and prescribe regulations to carry out its provisions. With the consent of the Secretary of the Treasury, the Secretary may utilize officers of the Bureau of Customs to enforce this Act and the regulations established hereunder.

DEFINITIONS

SEC. 3. As used in this Act

(1) "new ship" means a vessel the keel of which is laid (or which is at a similar stage of construction) on or after July 21, 1968; and

(2) "existing ship" means a vessel which is not a "new ship".

APPLICABILITY

SEC. 4. (a) This Act applies to vessels which

(1) arrive at any port or place within the jurisdiction of the United States from foreign ports;

(2) make voyages between foreign ports (except foreign vessels engaged in such voyages); or

(3) depart from any port or place within the jurisdiction of the United States for a foreign port.

(b) This Act does not apply to

(1) ships of war:

(2) pleasure craft not used in trade or commerce;

(3) fishing vessels;

(4) existing ships of less than one hundred and fifty gross tons;
(5) new ships of less than seventy-nine feet in length;

(6) vessels which navigate exclusively on the Great Lakes; or (7) vessels operating on sheltered waters between ports of the United States and neighboring countries as provided in any treaty of the United States.

(c) A vessel which voluntarily obtains loadlines shall be treated as a vessel subject to this Act until its loadline certificate is surrendered and its loadline marks removed.

(d) This Act does not abrogate any provisions of treaties or conventions in effect, which are not in conflict with the International Convention on Loadlines, 1966, and to which the United States has 18 UST 1857. acceded.

DETERMINATION OF LOADLINES; ISSUANCE OF CERTIFICATE; PROHIBITION

SEC. 5. (a) The Secretary shall prescribe loadlines, the marking thereof, and associated condition surveys for vessels subject to this Act to indicate the minimum freeboard to which each may be safely loaded, giving due consideration to, and making differentials for the service, type, and character of each vessel, and in conformance with applicable international treaties or conventions to which the United States has acceded.

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87 STAT. 419

(b) Loadlines shall be permanently and conspicuously marked and maintained in the manner prescribed by the Secretary. Upon completion of survey requirements and a finding that the loadline is positioned and marked in the manner prescribed, the Secretary shall issue a loadline certificate, to the master or owner of the vessel, which shall be carried on board the vessel.

(c) A loadline shall not be established or marked which, in the judgment of the Secretary, authorizes less than the minimum safe freeboard. At the request of the owner a loadline may be established or marked to indicate a greater freeboard than that which the Secretary determines is the minimum safe freeboard; any such loadline shall be the prescribed loadline for purposes of section 9.

APPOINTMENT OF SURVEYORS ;' REVOCATION

SEC. 6. (a) The Secretary shall appoint the American Bureau of Shipping, or such other United States nonprofit corporations or associations for the survey or registry of shipping which he approves, to determine that a vessel's condition is satisfactory and whether its loadline is positioned and marked in the manner prescribed by the Secretary and thereupon to issue a loadline certificate.

(b) The Secretary may appoint for the purpose of this section: (1) any officer of the United States, or

(2) at the request of a shipowner, any other corporation or association for the survey or registry of shipping which he approves.

(c) The Secretary may revoke an appointment under this section at any time.

EXEMPTIONS

SEC. 7. When a vessel subject to this Act is shown to be entitled to an exemption from the provisions of this Act by an international agreement to which the United States has acceded, a certificate of exemption shall be issued to the vessel, and carried in lieu of the certificate required by section 5 of this Act.

RECOGNITION; NONAPPLICABILITY

SEC. 8. (a) When it is found that the law and regulations in force in a foreign country relating to loadlines are equally effective as this Act and the regulations hereunder, or when a foreign country has acceded to an international loadline agreement to which the United States has acceded, the markings and certificate thereof of a vessel of the country shall be accepted as complying with the provisions of this Act and regulations hereunder. The control of such vessels shall be as provided in the applicable international agreement.

(b) Subsection (a) does not apply to vessels of foreign nations which do not similarly recognize the loadlines prescribed under this Act.

LOADING RESTRICTIONS; RECORDATION

SEC. 9. (a) No vessel subject to this Act may be so loaded as to submerge the prescribed loadline, or to submerge the point where an appropriate loadline under the Act and the prescribed regulations should be marked.

(b) The master of a vessel subject to this Act shall, after loading but before departing for a voyage by sea from any port or place in which this Act applies, record in the official logbook or other permanent record of the vessel a statement of the relative position of the prescribed loadline mark applicable at the time in question with respect to the water surface, and of the actual draft of the vessel, forward and aft, at the time, as nearly as they may be ascertained.

DETENTION OF VESSELS

SEC. 10. (a) When the Secretary has reason to believe that a vessel is about to leave a port in the United States or its possessions in violation of this Act or the regulations hereunder, the Secretary may, upon notifying the master or officer in charge of the vessel, order the vessel detained.

(b) Clearance required by section 4197 of the Revised Statutes, as amended (46 U.S.C. 91), shall be refused or withdrawn from any vessel so detained until correction of deficiencies.

87 STAT. 420

(c) The master or officer in charge of a vessel may petition the Petition for Secretary, in a manner prescribed by regulation, to review the deten- review. tion order.

(d) Upon receipt of a petition, the Secretary may withdraw the Modification. detention order, modify it, or require independent surveys as may be necessary to determine the extent of deficiencies. Upon completion of

his review, including results of any required independent surveys he

shall affirm, set aside, or modify the detention order.

(e) The owner of a vessel is liable for any costs incident to a peti- Costs, liabiltion for review and any independent surveys if the vessel is found to ity. be in violation of this Act or the regulations hereunder.

PENALTIES FOR VIOLATIONS

SEC. 11. (a) Except as otherwise provided in this section, the owner and the master of a vessel found in violation of this Act or the regulations thereunder, are each liable to a civil penalty of not more than $1,000 for each day the vessel is in violation.

(b) Each person, if the owner, manager, agent, or master of a vessel who knowingly allows, causes, attempts to cause, or fails to take reasonable care to prevent the violation of subsection 9(a) of this Act or the regulations thereunder, is liable to a civil penalty of not more than $1,000 plus an additional amount of not more than $500 per inch of unlawful submergence.

(c) For any violation of subsection (b) of section 9 of this Act or the regulations thereunder, the master of the vessel is liable to a civil penalty of not more than $500.

(d) Any person who knowingly causes or permits the departure of a vessel from any port or place within the jurisdiction of the United States or its possessions in violation of a detention order pursuant to section 10 of this Act, shall be fined not more than $1,000 or imprisoned not more than one year, or both.

(e) Any person who causes or allows the concealment, removal, alteration, defacement, or obliteration of any mark placed on a vessel pursuant to section 5 of this Act and the regulations thereunder, except in the event of a lawful change or to escape enemy capture in time of war, shall be fined not more than $2,000 or imprisoned not more than two years or both.

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