effective date specified in each such proclamation, such regulations shall have effect as if enacted by statute and shall be followed by all public and private vessels of the United States, and by all aircraft of United States registry to the extent therein made applicable. Such regulations shall not apply to the harbors, rivers and inland waters of the United States; to the Great Lakes of North America and their connecting and tributary waters as far east as the lower exit of the Lachine Canal in Montreal in the province of Quebec, Canada; to the Red River of the North and the rivers emptying into the Gulf of Mexico and their tributaries; nor, with respect to aircraft, to any territorial waters of the United States. SEC. 2. Any requirements of such regulations in respect of the number, position, range of visibility or arc of visibility of the lights required to be displayed by vessels shall not apply to any vessel of the Navy or of the Coast Guard, whenever the Secretary of the Navy or the Secretary of the Treasury, in the case of Coast Guard vessels operating under the Treasury Department, or such official as either may designate, shall find or certify that, by reason of special construction, it is not possible for such vessel or class of vessels to comply with such regulations. The lights of any such exempted vessel or class of vessels, however, shall conform as closely to the requirements of the applicable regulations as the Secretary or such official shall find or certify to be feasible. Notice of such findings or certification and of the character and position of the lights prescribed to be displayed on such exempted vessel or class of vessels shall be published in the Federal Register and in Notice to Mariners and, after the effective date specified in such notice, shall have effect as part of such regulations. SEC. 3. Section 7 (a) of the Air Commerce Act of 1926 (U. S. Code, 1946 ed., title 49, sec. 177 (a)), is amended to read as follows: "Except as specifically provided in the Act To authorize the President to proclaim regulations for preventing collisions at sea,' the navigation and shipping laws of the United States, including any definition of 'vessel' or 'vehicle' found therein and including the rules for the prevention of collisions, shall not be construed to apply to seaplanes or other aircraft or to the navigation of vessels in relation to seaplanes or other aircraft." SEC. 4. Section 610 (a) of the Civil Aeronautics Act of 1938 (U. S. Code, 1946 ed., title 49, sec. 560 (a)), is amended by deleting the word "and" at the end of paragraph (4); by changing the period at the end of paragraph (5) to a semicolon and adding the word "and"; and by adding a new paragraph (6) reading as follows: "(6) For any person to operate a scaplane or other aircraft of United States registry upon the high seas in contravention of the regulations proclaimed by the President pursuant to section 1 of the Act 'To authorize the President to proclaim regulations for preventing collisions at sea'." SEC. 5. After such regulations or any amendment thereof proclaimed under section 1 hereof shall have taken effect, all statutes, regulations and rules in conflict therewith shall be of no further force and effect. Until such time as regulations shall have been proclaimed and made effective pursuant to this Act, nothing herein shall in any way limit, supersede or repeal any regulations for the prevention of collisions, which have heretofore been prescribed by statute, regulation or rule. COMPARATIVE TYPE SHOWING CHANGES IN EXISTING LAW MADE BY PROPOSED BILL Changes in existing law made by sections 3 and 4 of the proposed bill are shown as follows (existing law proposed to be omitted is enclosed in black brackets; new matter is italicized): Section 7 (a) of the Air Commerce Act of 1926 (44 Stat. 572; 49 U. S. C., 177 (a)). SEC. 7. APPLICATION OF EXISTING LAWS RELATING TO FOREIGN COMMERCE.(a) Except as specifically provided in the Act "To authorize the President to proclaim regulations for preventing collisions at sea," the [The] navigation and shipping laws of the United States, including any definition of "vessel" or "vehicle" found therein and including the rules for the prevention of collisions, shall not be construed to apply to seaplanes or other aircraft or to the navigation of vessels in relation to seaplanes or other aircraft. Section 610 (a) of the Civil Aeronautics Act of 1938 (52 Stat. 1012; 49 U. S. C., 560 (a)). SEC. 610. (a) It shall be unlawful (1) For any person to operate in air commerce any civil aircraft for which there is not currently in effect an airworthiness certificate, or in violation of the terms of any such certificate; (2) For any person to serve in any capacity as an airman in connection with any civil aircraft used in air commerce without an airman certificate authorizing him to serve in such capacity or in violation of the terms of any such certificate; (3) For any person to employ for service in connection with any civil aircraft used in air commerce an airman who does not have an airman certificate authorizing him to serve in the capacity for which he is employed; (4) For any person to operate as an air carrier without an air carrier operating certificate, or in violation of the terms of any such certificate; [and] (5) For any person to operate aircraft in air commerce in violation of any other rule, regulation, or certificate of the Board or Administrator of Civil Aeronautics under this title [.]; and (6) For any person to operate a seaplane or other aircraft of United States registry upon the high seas in contravention of the regulations proclaimed by the President pursuant to section 1 of the Act "To authorize the President to proclaim regulations for preventing collisions at sea.' There are listed in parallel columns the text of the provisions of the Act of August 19, 1890 (26 Stat. 320, as amended (33 U. S. C. 61–142)), and the text of the revised Regulations for Preventing Collisions at Sea, 1948 (S. Doc., Executive B, 81st Cong., 1st sess., annex B, pp. 125–138). EXISTING LAW The Act of August 19, 1890 (26 Stat. 320-328), as amended, as it appears in 33 U. S. C. 61-142: PROPOSED REGULATIONS FOR PREVENT ING COLLISIONS AT SEA, 1948 PART A-PRELIMINARY AND DEFINI TIONS RULE 1 The following regulations for prevent- (a) These Rules shall be followed by ing collisions at sea shall be followed by all vessels and seaplanes upon the high all public and private vessels of the seas and in all waters connected thereUnited States upon the high seas and in with navigable by seagoing vessels, all waters connected therewith, navi- except as provided in Rule 30. Where, gable by seagoing vessels: Provided, as a result of their special construction, That such regulations shall not apply it is not possible for seaplanes to comply to the harbors, rivers and inland waters fully with the provisions of Rules of the United States, nor to the Great specifying the carrying of lights and Lakes and their connecting and tribu- shapes, these provisions shall be foltary waters as far east as Montreal, nor lowed as closely as circumstances to the Red River of the North and permit. rivers emptying into the Gulf of Mexico and their tributaries, in so far as special rules are adopted in pursuance of article 30. In the following rules every steam vessel which is under sail and not under steam is to be considered a sailing vessel, and every vessel under steam, whether under sail or not, is to be considered a steam vessel. The word "steam vessel" shall include any vessel propelled by machinery. A vessel is "under way" within the meaning of these rules when she is not at anchor, or made fast to the shore, or aground. The word "visible" in these rules when applied to lights shall mean visible on a dark night with a clear atmosphere. (b) The Rules concerning lights shall be complied with in all weathers from sunset to sunrise, and during such times no other lights shall be exhibited, except such lights as cannot be mistaken for the prescribed lights or impair their visibility or distinctive character, or interfere with the keeping of a proper look-out. (c) In the following Rules, except where the context otherwise requires (i) the word "vessel" includes every description of water craft, other than a seaplane on the water, used or capable of being used as a means of transportation on water; (ii) the word "seaplane" includes a flying boat and any other aircraft designed to maneuvre on the water; EXISTING LAW ARTICLE 1 The rules concerning lights shall be complied with in all weathers from sunset to sunrise, and during such time no other lights which may be mistaken for the prescribed lights shall be exhibited. ARTICLE 2 A steam vessel when under way shall carry-(a) On or in front of the foremast, or if a vessel without a foremast, then in the fore part of the vessel, at a height above the hull of not less than twenty feet, and if the breadth of the vessel exceeds twenty feet, then at a height above the hull not less than such breadth, so, however, that the light need not be carried at a greater height above the hull than forty feet, a bright white light, so constructed as to show an unbroken light over an are of the horizon of twenty points of the compass, so fixed as to throw the light ten points on each side of the vessel, namely, from right ahead to two points abaft the beam on either side, and of such a character as to be visible at a distance of at least five miles. PROPOSED REGULATIONS FOR PREVENTING COLLISIONS AT SEA, 1948 (iii) the term "power-driven vessel" means any vessel propelled by machinery; (iv) every power-driven vessel which is under sail and not under power is to be considered a sailing vessel, and every vessel under power, whether under sail or not, is to be considered a power-driven vessel; (V) a vessel or seaplane on the water is "under way" when she is not at anchor, or made fast to the shore, or aground; (vi) the term "height above the hull" means height above the uppermost continuous deck; (vii) the length and breadth of a vessel shall be deemed to be the length and breadth appearing in her certificate of registry; (viii) the length and span of a seaplane shall be its maximum length and span as shown in its certificate of airworthiness, or as determined by measurement in the absence of such certificate; (ix) the word "visible," when applied to lights, means visible on a dark night with a clear atmosphere; (x) the term "short blast" means a blast of about one second's duration; (xi) the term "prolonged blast" means a blast of from four to six seconds' duration; (xii) the word "whistle" means whistle or siren; (xiii) the word "tons" means gross tons. PART B-LIGHTS AND SHAPES RULE 2 (a) A power-driven vessel when under way shall carry (i) On or in front of the foremast, or if a vessel without a foremast then in the forepart of the vessel, a bright white light so constructed as to show an unbroken light over an are of the horizon of 20 points of the compass (225 degrees) so fixed as to show the light 10 points (1121⁄2 degrees) on each side of the vessel, that is, from right ahead to 2 points (221⁄2 degrees) abaft the beam on either side, and of such a character as to be visible at a distance of at least 5 miles. (ii) Either forward of or abaft the white light mentioned in subsection (i) a second white light similar in construction and character to that light. Vessels of less than 150 feet in length, EXISTING LAW (b) On the starboard side a green light so constructed as to show an unbroken light over an arc of the horizon of ten points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam on the starboard side, and of such a character as to be visible at a distance of at least two miles. (c) On the port side a red light so constructed as to show an unbroken light over an arc of the horizon of ten points of the compass, so fixed as to throw the light from right ahead of two points abaft the beam on the port side, and of such a character as to be visible at a distance of at least two miles. (d) The said green and red side lights shall be fitted with inboard screens projecting at least three feet forward from the light, so as to prevent these lights from being seen across the bow. (e) A steam vessel when under way may carry an additional white light similar in construction to the light mentioned in subdivision (a) of this section. These two lights shall be so placed in line with the keel that one shall be at least fifteen feet higher than the other, and in such a position with reference to each other that the lower light shall be forward of the upper one. The vertical distance between these lights shall be less than the horizontal distance. PROPOSED REGULATIONS FOR PREVENTING COLLISIONS AT SEA, 1948 and vessels engaged in towing, shall not be required to carry this second white light but may do so. (iii) These two white lights shall be so placed in a line with and over the keel that one shall be at least 15 feet higher than the other and in such a position that the lower light shall be forward of the upper one. The horizontal distance between the two white lights shall be at least three times the vertical distance. The lower of these two white lights or, if only one is carried, then that light, shall be placed at a height above the hull of not less than 20 feet, and, if the breadth of the vessel exceeds 20 feet, than at a height above the hull not less than such breadth, so however that the light need not be placed at a greater height above the hull than 40 feet. In all circumstances the light or lights, as the case may be, shall be so placed as to be clear of and above all other lights and obstructing superstructures. (iv) On the starboard side a green light so constructed as to show an unbroken light over an arc of the horizon of 10 points of the compass (1121⁄2 degrees), so fixed as to show the light from right ahead to 2 points (221⁄2 degrees) abaft the beam on the starboard side, and of such a character as to be visible at a distance of at least 2 miles. (v) On the port side a red light so constructed as to show an unbroken light over an arc of the horizon of 10 points of the compass (1121⁄2 degrees), so fixed as to show the light from right ahead to 2 points (221⁄2 degrees) abaft the beam on the port side, and of such a character as to be visible at a distance of at least 2 miles. (vi) The said green and red sidelights shall be fitted with inboard screens projecting at least 3 feet forward from the light, so as to prevent these lights from being seen across the bows. (b) A seaplane under way on the water shall carry (i) In the forepart amidships where it can best be seen a bright white light, so constructed as to show an unbroken light over an arc of the horizon of 220 degrees of the compass, so fixed as to show the light 110 degrees on each side of the seaplane, namely, from right ahead to 20 degrees abaft the beam on either side, and of such a character as to be visible at a distance of at least 3 miles. EXISTING LAW ARTICLE 3 A steam vessel when towing another vessel shall, in addition to her side lights, carry two bright white lights in a vertical line one over the other, not less than six feet apart, and when towing more than one vessel shall carry an additional bright white light six feet above or below such light, if the length of the tow measuring from the stern of the towing vessel to the stern of the last vessel towed exceeds six hundred feet. Each of these lights shall be of the same construction and character, and shall be carried in the same position as the white light mentioned in article 2 (a) of this chapter, excepting the additional light, which may be carried at a height of not less than fourteen feet above the hull. Such steam vessel may carry a small white light abaft the funnel or aftermast for the vessel towed to steer by, but such light shall not be visible forward of the beam. PROPOSED REGULATIONS FOR PREVENTING COLLUSIONS AT SEA, 1948 (ii) On the right or starboard wing tip a green light, so constructed as to show an unbroken light over an arc of the horizon of 110 degrees of the compass, so fixed as to show the light from right ahead to 20 degrees abaft the beam on the starboard side, and of such a character as to be visable at a distance of at least 2 miles. (iii) On the left or port wing tip a red light, so constructed as to show an unbroken light over an arc of the horizon of 110 degrees to the compass, so fixed as to show the light from right ahead to 20 degrees abaft the beam on the port side, and of such a character as to be visible at a distance of at least 2 miles. RULE 3 (a) A power-driven vessel when towing or pushing another vessel shall, in addition to her sidelights, carry two bright white lights in a vertical line one over the other, not less than 6 feet apart, and when towing more than one vessel shall carry an additional bright white light 6 feet above or below such lights, if the length of the tow, measuring from the stern of the towing vessel to the stern of the last vessel towed, exceeds 600 feet. Each of these lights shall be of the same construction and. character and one of them shall be carried in the same position as the white light mentioned in Rule 2 (a) (i), except the additional light, which shall be carried at a height of not less than 14 feet above the hull. In a vessel with a single mast, such lights may be carried on the mast. (b) The towing vessel shall also show either the stern light specified in Rule 10 or in lieu of that light a small white light abaft the funnel or aftermast for the tow to steer by, but such light shall not be visible forward of the beam. The carriage of the white light specified in Rule 2 (a) (ii) is optional. (c) A seaplane on the water, when towing one or more seaplanes or vessels, shall carry the lights prescribed in Rule 2 (b) (i), (ii), and (iii); and, in addition, she shall carry a second white light of the same construction and character as the white light mentioned in Rule 2 (b) (i), and in a vertical line at least 6 feet above or below such light. |