2d Session H. R. 8100. AN ACT All 70 Stat. 105. To authorize the loan of two submarines to the Government of Brazil. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President Brazil. is authorized to lend two submarines to the Government of Brazil for Loan of submarines. a period of not more than five years and may, in his discretion, extend the loan for an additional period of not more than five years. The President shall, prior to the delivery of the submarines to the Governi ment of Brazil, conclude an agreement with the Government providing for the return of the submarines in accordance with the provisions of this Act and in substantially the same condition as when loaned. All expenses involved in the activation of the submarines, including repairs, alterations, outfitting, and logistic support shall be charged to funds programed for the Brazilian Government under the Mutual 65 Stat. 373. Security Act. Approved April 6, 1956. 22 USC 1651 note. To provide transportation on Canadian vessels between ports in southeastern Alaska, and between Hyder, Alaska, and other points in southeastern Alaska or the continental United States, either directly or via a foreign port, or for any part of the transportation. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, until June 30, Alaska. 1957, notwithstanding the provisions of law of the United States Transportation restricting to vessels of the United States the transportation of on Canadian pas- vessels. sengers and merchandise directly or indirectly from any port in the United States to another port of the United States, passengers may be transported on Canadian vessels between ports in southeastern Alaska, and passengers and merchandise may be transported on Canadian vessels between Hyder, Alaska, and other points in southeastern Alaska or the continental United States, either directly or via a foreign port, or for any part of the transportation. Approved April 18, 1956. Chapter 247 2d Session H. R. 4118 AN ACT To amend section 606 (5) of the Merchant Marine Act, 1936, relating to the computation of the 10-year recapture period. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subdivision (5) Merchant Marine of section 606 of the Merchant Marine Act, 1936, as amended (46 Aot, amendment. U.S. C. 1176), is amended to read as follows: 49 Stat. 2004. "(5) that when at the end of any ten-year period during which Recapture an operating-differential subsidy has been paid under a contract period. or consecutive contracts (such period to be computed from the end of the operator's last completed recapture period regardless of its duration, or from the beginning of subsidized operations if the operator has not previously completed a recapture period), or when prior to the end of such ten-year period subsidized operations shall be finally terminated, if the net profit of the contractor on his subsidized vessels and services incident thereto during such period or time (without regard to capital gains and capital losses), after deduction of depreciation charges based upon a life expectancy of the subsidized vessels determined as provided in section 607 (b), has averaged more than 10 per centum per annum 46 USC 1177. upon the contractor's capital investment necessarily employed in 70 Stat. 148. the operation of the subsidized vessels, services, routes, and lines, 70 Stat. 149. the contractor shall pay to the United States an amount equal to one-half of such profits in excess of 10 per centum per annum as partial or complete reimbursement for operating-differential subsidy payments received by the contractor for such recapture period, but the amount of excessive profit so recaptured shall not in any case exceed the amount of the operating-differential subsidy payments theretofore made to the contractor for such period under such contract or consecutive contracts and the repayment of such reimbursement to the Commission shall be subject to the provisions of section 607;" SEC. 2. Each operating-differential subsidy contract in force on the Amendment of date of enactment of this Act shall, if the subsidized contractor con- contract. sents, be amended to conform to the provisions of section 606 of the Merchant Marine Act, 1936, as amended by section 1 of this Act. Approved May 10, 1956. 84th Congress AN ACT To require the inspection and certification of certain vessels carrying passengers. Be it enacted by the Senate and Ilouse of Representatives of the United States of America in Congress assembled, That when used in Vessels. this Act, unless the context requires otherwise (a) The term "passenger" means every person carried on board a passenger-carrying vessel other than (1) the owner or his representative; (2) the master and the bona fide members of the crew engaged in the business of the vessel who have contributed no consideration for their carriage and who are paid for their services; (3) any employee of the owner of the vessel engaged in the business of the owner, except when the vessel is operating under a bareboat charter; (4) any employee of the bareboat charterer of the vessel engaged in the business of the bareboat charterer; (5) any guest on board a vessel which is being used exclusively for pleasure purposes who has not contributed any consideration, directly or indirectly, for his carriage; or (6) any person on board a vessel documented and used for tugboat or towboat service of fifty gross tons or more who has not contributed any consideration, directly or indirectly, for his carriage. (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 fifteen gross tons or less; (2) propelled in whole or in part by steam or by any form of mechanical or electrical power and is of more than fifteen and less than one hundred gross tons and not more than sixty-five feet in length measured from end to end over the deck excluding sheer; (3) propelled by sail and is of seven hundred gross tons or less; or (4) 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) any 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) any foreign vessel departing from a port of the United States. Definitions. 70 Stat. 151. 70 Stat. 152. (c) The term "International Convention for Safety of Life at Sea" means the "International Convention for Safety of Life at Sea, 1948" 3 UST 3450. or any similar international convention which comes into force and effect after ratification by the United States Senate. (d) The term "Secretary" means the Secretary of the department in which the Coast Guard is,operating. SEC. 2. (a) The Secretary shall, at least once every three years, Inspection. cause to be inspected each passenger-carrying vessel, and shall satisfy himself that every such vessel (1) is of a structure suitable for the service in which it is to be employed; (2) is equipped with the proper appliances for lifesaving and fire protection in accordance with applicable laws, or rules and regulations prescribed by him; (3) has suitable accommodations for passengers and the crew; and (4) is in a condition to warrant the belief that it may be used, operated, and navigated with safety to life in the proposed service and that all applicable requirements of marine safety statutes and regulations thereunder are faithfully complied with. Fees. Rules and regulations. 70 Stat. 152. 70 Stat. 153. Certificate of inspection. 3 UST 3450. Withdrawal, eto. Violations. (b) The Secretary may prescribe reasonable fees or charges for (1) any inspection made and (2) any certificate, license, or permit issued pursuant to this Act or the rules and regulations established here under. SEC. 3. In order to secure effective provision against hazard to life created by passenger-carrying vessels and to carry out in the most effective manner the provisions of this Act, the Secretary shall prescribe such rules and regulations as may be necessary with respect to design, construction, alteration, or repair of such vessels, including the superstructures, hulls, accommodations for passengers and crew, fittings, equipment, appliances, propulsive machinery, auxiliary machinery, and boilers; with respect to all materials used in construction, alteration, or repair of such vessels including the fire prevention and fire retardant characteristics of such materials; with respect to equipment and appliances for lifesaving and fire protection; with respect to the operation of such vessels, including the waters in which they may be navigated and the number of passengers which they may carry; with respect to the requirements of the manning of such vessels and the duties and qualifications of the operators and crews thereof; and with respect to the inspection of any or all the foregoing. SEC. 4. (a) No passenger-carrying vessel shall be operated or navigated until a certificate of inspection in such form as may be prescribed by the regulations promulgated by the Secretary under the authority of this Act, has been issued to the vessel indicating that the vessel is in compliance with the provisions of this Act, and the rules and regu lations established hereunder; except that when a foreign passengercarrying vessel belongs to a nation which is signatory to the International Convention for Safety of Life at Sea, a valid safety certificate issued to the vessel pursuant to the Convention may be accepted in lieu of the required certificate of inspection. (b) Any passenger-carrying vessel to which a valid certificate of inspection has been issued pursuant to this section shall during the tenure of the certificate be in full compliance with the terms of the certificate. (c) A certificate of inspection issued pursuant to this section may at any time be voluntarily surrendered and shall be withdrawn and suspended or revoked for noncompliance with any applicable requirements of this Act or regulations thereunder. SEC. 5. Any owner, master, or person in charge of any vessel subject to this Act who violates the provisions of this Act, or the rules and regulations established hereunder, shall be liable to the United States in a penalty of not more than $1,000 for each such violation, for which sum the passenger-carrying vessel shall be liable and may be seized and proceeded against by way of libel in any district court of the United States having jurisdiction of the violation. SEC. 6. (a) The Act of January 18, 1897 (29 Stat. 489; 46 U. S. C. 520), is hereby repealed. (b) Section 4426 of the Revised Statutes, as amended (34 Stat. 193; 46 U. S. C. 404), is amended to read as follows: "4426. The hulls and boilers of every ferryboat, canal boat, yacht or other small craft of like character propelled by steam, shall be inspected under the provisions of this title. Such other provisions of law for the better security of life as may be applicable to such vessels shall, by the regulations of the Secretary of the department in which the Coast Guard is operating, also be required to be complied with before a certificate of inspection shall be granted, and no such vessel shall be navigated without a licensed engineer and a licensed pilot: Provided, That in open steam launches of ten gross tons and under, one person, if duly qualified, may serve in the double capacity of pilot and engineer. All vessels of above fifteen gross tons carrying freight for hire and all vessels of above fifteen gross tons and in excess of sixty-five feet in length carrying passengers for hire, but not engaged in fishing as a regular business, propelled by gas, fluid, naphtha, or electric motors, shall be subject to all the provisions of this section relating to the inspection of hulls and boilers and requiring engineers and pilots, and for any violation of the provisions of title 52 of the 46 USC 170 Revised Statutes applicable to such vessels, or of rules or regulations note. lawfully established thereunder, and to the extent to which such provisions of law and regulations are so applicable, the said vessels, their 70 Stat. 153. masters, officers, and owners shall be subject to the provisions of sec- 70 Stat. 154. tions 4496, 4497, 4498, 4499, and 4500 of the Revised Statutes, as amended (46 U. S. C. 494 498), relating to the imposition and enforcement of penalties and the enforcement of law: Provided, however, That until June 30, 1956, no vessel registered or licensed as a vessel of the United States of fifteen gross tons or less on December 31, 1953, shall be deemed to be subject to the inspection provisions of this section notwithstanding the fact that such vessel may thereafter be found to have a tonnage in excess of fifteen gross tons, unless such finding results from an alteration in the length, breadth, or depth effected after December 31, 1953.” (c) Section 7 of the Act of April 25, 1940, as amended (54 Stat. 165; 46 U. S. C. 526f), is amended to read as follows: license. "SEC. 7. No such motorboat, and no other vessel of fifteen gross tons Operators' or less propelled by machinery other than steam, while carrying passengers for hire, shall be operated or navigated except in charge of a person duly licensed for such service by the Secretary of the department in which the Coast Guard is operating. Whenever any person applies to be licensed as operator of any motorboat, or of any other vessel of fifteen gross tons or less propelled by machinery, carrying passengers for hire, the Secretary shall make diligent inquiry as to his character, and shall carefully examine the applicant orally as well as the proofs which he presents in support of his claim, and if the Secretary is satisfied that his capacity, experience, habits of living, and character are such to warrant the belief that he can safely be entrusted with the duties and responsibilities of the station for which he makes application, the Secretary shall grant him a license authorizing him to discharge such duties on any such motorboat, or on any other vessel of fifteen gross tons or less propelled by machinery, carrying passengers for hire, for the term of five years. Such license shall be subject to suspension or revocation on the same grounds and in the same manner with like procedure as is provided in the case of suspension or revocation of licenses of officers under the provisions of section 4450 of the Revised Statutes, as amended (U. S. C. 1952 edition, title 46, sec. 239): Provided, That motorboats and other vessels of fifteen gross tons or less propelled by machinery shall not be required to carry licensed officers except as required in this Act: And provided further, That licenses herein prescribed shall not be required of motorboats or of any other vessels of fifteen gross tons or less propelled by machinery engaged in fishing contests previously arranged and announced." SEC. 7. Nothing contained in this Act shall be deemed to amend, alter, or otherwise affect the requirements of any International Convention for Safety of Life at Sea. SEC. 8. This Act shall become effective on January 1, 1957, or on Effective the first day of the sixth month following the prescription of rules date. and regulations by the Secretary under section 3, hereof, whichever is later. 62555 O-60-48 |