records and be open to inspection at reasonable times by any persons.

(b) Casualty not involving loss of life; classification The Commandant of the Coast Guard shall establish rules and regulations for the investigation of marine casualties and accidents not involving loss of life, any act in violation of any of the provisions of title 52 of the Revised Statutes or of any of the regulations issued thereunder, and all cases of acts of incompetency or misconduct committed by any licensed officer or holder of a certificate of service while acting under the authority of his license or certificate of service, whether or not any of such acts are committed in connection with any marine casualty or accident. The Commandant of the Coast Guard shall classify marine casualties and accidents not involving loss of life according to the gravity thereof and in making such classification the Commandant shall give consideration to the extent of injuries to persons, the extent of property damage, the dangers actual or potential which such marine casualties or accidents may create to the safety of navigation or

commerce.

(c) Omitted

(d) Immediate investigation of conduct, violations and casualties; extent of investigation; right to counsel

All acts in violation of any of the provisions of title 52 of the Revised Statutes or of any of the regulations issued thereunder, whether or not committed in connection with any marine casualty or accident, and all acts of incompetency or misconduct, whether or not committed in connection with any marine casualty or accident, committed by any licensed officer acting under authority of his license or by any chief or assistant steward, purser, radio operator, electrician, able seaman, or lifeboat man acting under authority of a certificate of service issued to him by the Coast Guard, and all marine casualties and accidents and the attendant circumstances shall be immediately investigated as provided in subsections (a) and (b) of this section. The investigation shall determine, as far as possible, the cause of any such casualty or accident, the persons responsible therefor, and whether or not the United States Government employees charged with the inspection of the vessel or the vessels involved and with the examination and licensing of the officers thereof have properly performed their duties in connection with such inspection, examination and licensing. In all investigations conducted under the authority of this section, any owner, licensed officer, or any holder of a certificate of service, or any other person whose conduct is under investigation, or any other party in interest, shall be allowed to be represented by counsel, to cross-examine witnesses, and to call witnesses in his own behalf, and a full and complete record of the facts and circumstances shall be submitted to the Commandant of the Coast Guard.

(e) Witnesses; subpoenas; oaths

In any investigation directed by this section the Coast Guard shall have power to summon

before it witnesses and to require the production of books, papers, documents, and any other evidence. Attendance of witnesses or the production of books, papers, documents, or any other evidence shall be compelled by a similar process as in the United States District Court. The Coast Guard shall administer all necessary oaths to any witnesses summoned before said investigation.

(f) Payment of witness fees and expenses

The Coast Guard shall pay, on properly certified vouchers, such fees to any witness summoned under subsection (e) of this section, for his actual travel and attendance, as shall be officially certified to, not exceeding the rate allowed for fees and to witnesses for travel and attendance in any District Court of the United States.

(g) Notice of time, place, and subject of investigation; record of testimony and findings; suspension or revocation of license or certificate

In any investigation of acts of incompetency or misconduct or of any act in violation of the provisions of title 52 of the Revised Statutes or of any of the regulations issued thereunder, committed by any licensed officer or any holder of a certificate of service, the person whose conduct is under investigation shall be given reasonable notice of the time, place, and subject of such investigation and an opportunity to be heard in his own defense. The whole record of the testimony received by such investigation and the findings and recommendations shall be forwarded to the Commandant of the Coast Guard, and if that officer shall find that such licensed officer or holder of certificate of service is incompetent or has been guilty of misbehavior, negligence, or unskillfulness, or has endangered life, or has willfully violated any of the provisions of title 52 of the Revised Statutes or any of the regulations issued thereunder, he shall, in a written order reciting said findings, suspend or revoke the license or certificate of service of such officer or holder of such certificate. The person whose license or certificate of service is suspended or revoked may, within thirty days, appeal from the order to the Commandant of the Coast Guard. On such appeal the appellant shall be allowed to be represented by counsel. The Commandant of the Coast Guard may alter or modify any finding of the investigation, but the decision of the Commandant shall be based solely on the testimony received by the said investigation and shall recite the findings of fact on which it is based.

(h) Evidence of criminal liability; transmission to Attorney General; prosecutions

If the Commandant of the Coast Guard shall find evidence of criminal liability on the part of any licensed officer or holder of a certificate of service, he shall refer all of the evidence and the findings in such investigation to the Attorney General for investigation by and prosecution through the United States attorney of the district having jurisdiction, under the provisions of title 18. Nothing in this section shall be construed as prohibiting the United States at

Subsec. (a). "Commandant of the Coast Guard" was substituted for "Secretary of Commerce". Former second sentence, which read "For the purpose of investigating such a marine casualty, the Secretary of Commerce shall appoint a marine casualty investigation board or boards consisting of a chairman and two other members; the chairman shall be an officer or employee of the Department of Justice (learned in maritime laws) designated by the Attorney General; one member shall be a representative of the Bureau of Marine Inspection and Navigation designated by the Secretary of Commerce; and the other member shall be an officer of the United States Coast Guard designated by the Secretary of the Treasury", and former last sentence, which read "Copies of such reports shall be sent to the Attorney General and to the Secretary of the Treasury", were omitted.

Subsec. (b). References to the Secretary of Commerce were changed to Commandant of the Coast Guard and last two sentences were omitted. Said sentences read "All such marine casualties or accidents classified as serious shall be investigated by a marine board appointed by the Secretary of Commerce consisting of two principal traveling inspectors and a supervising inspector of the Bureau of Marine Inspection and Navigation. Marine casualties or accidents classified as less serious shall be investigated by a marine board consisting of representatives of the Bureau of Marine Inspection and Navigation designated by the Director thereof."

Subsec. (c) was omitted. It read "The said boards provided for in subsections (a) and (b) of this section shall, upon the approval of the Director of the Bureau of Marine Inspection and Navigation, have authority to engage such other assistants, clerical or technical, as may be deemed necessary by the said Director. The members of said boards shall not receive any compensation in addition to that for their regular appointment but shall be entitled to their necessary traveling expenses while traveling on official business."

Subsec. (d). Phrase "the Coast Guard" was substituted for "the Bureau of Marine Inspection and Navigation" and "by the appropriate board" following "immediately investigated" was omitted in first sentence. "The investigation", was substituted for "Such board" at beginning of second sentence. "Commandant of the Coast Guard" was substituted for "Director of the Bureau of Marine Inspection and Navigation" in third

sentence.

Subsec. (e). Phrase "the Coast Guard" was substituted for "a marine casualty investigation board or a marine board" in first sentence and for "the chairman of each of said boards" in last sentence. Word "investigation" was substituted for "boards" in last sentence. Subsec. (f). "Coast Guard" was substituted for "disbursing clerk, Department of Commerce", and "by the chairman of the board conducting the investigation" following "certified to" was omitted.

Subsec. (g). "Commandant of the Coast Guard" was substituted for "Director of the Bureau of Marine Inspection and Navigation" in second sentence and for "Secretary of Commerce" in third sentence. Phrases "the board conducting" following "received by" and "of such board" following "recommendations" in second sentence, and "of the said Director" following "order" in third sentence, were omitted. Last sentence formerly read "The Secretary of Commerce may alter or modify any finding of the board which conducted the investigation or of the Director of the Bureau of Marine Inspection and Navigation, but the decision of the Secretary of Commerce shall be based solely on the testimony received by the said board and shall recite the findings of fact on which it is based."

Subsec. (h). "Commandant of the Coast Guard" was substituted for "Director of the Bureau of Marine Inspection and Navigation", and "shall submit such findings to the Secretary of Commerce who, if he be satisfied that such criminal liability exists" following "he"

was omitted.

Subsec. (k). "Commandant of the Coast Guard" was substituted for "Secretary of Commerce."

FEDERAL RULES OF CIVIL PROCEDURE

Depositions and discovery, see rule 26 et seq.. Title 28, Appendix, Judiciary and Judicial Procedure. Subpoena, see rule 45.

CROSS REFERENCES

Denial or revocation of seaman's document, narcotics violations, see sections 239a and 239b of this title. Misdemeanor as offense punishable by imprisonment for term not exceeding one year, see section 1 of Title 18, Crimes and Criminal Procedure.

Suspension or revocation on same grounds and in same manner and with like procedure as provided in this section

Certificated personnel, certificates, see section 672 of this title.

Staff officers, registry or certificate of registry, see section 246 of this title.

Witness fees and expenses for travel and attendance in United States District Courts, see section 1821 et seq. of Title 28, Judiciary and Judicial Procedure.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 216b, 229c, 246, 391a of this title; title 33 section 1006; title 49 App. section 1903.

§ 239a. Narcotics violations; definitions

When used in section 239b of this title

(a) The term "narcotic drug" shall have the meaning given that term by section 802(16) of title 21 and shall also include marihuana as defined by section 802(15) of such title.

(b) The term "Secretary" means the head of the department in which the Coast Guard is operating.

(c) The term "seaman's document" means any document authorized by law or regulation to be issued to a merchant mariner by the Secretary.

(July 15, 1954, ch. 512, § 1, 68 Stat. 484; Oct. 27, 1970, Pub. L. 91-513, title III, § 1102(q), 84 Stat. 1293.)

CODIFICATION

Section was formerly classified to section 710b of this title.

AMENDMENTS

1970-Subsec. (a). Pub. L. 91-513 substituted section 802(16) of title 21 for section 171(a) of title 21 and section 802(15) of title 21 for sections 3238(b) of title 26, I.R.C. 1939 and 4761 of Title 26, I.R.C. 1954 as the sections in which to find the definitions of "narcotic drug" and "marihuana", respectively.

EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-513 effective on the first day of the seventh calendar month that begins after Oct. 26, 1970, see section 1105(a) of Pub. L. 91-513, set out as an Effective Date note under section 951 of Title 21, Food and Drugs.

SAVINGS PROVISIONS

Prosecutions for any violation of law occurring, and civil seizures or forfeitures and injunctive proceedings commenced, prior to the effective date of amendment of this section by section 1102 of Pub. L. 91-513 not to be affected or abated by reason thereof, see section 1103 of Pub. L. 91-513, set out as a note under section 171 of Title 21, Food and Drugs.

TRANSFER OF FUNCTIONS

The Coast Guard was transferred to the Department of Transportation, and all functions, powers, and duties relating to the Coast Guard of the Secretary of the Treasury and of other officers and offices of the Department of the Treasury were transferred to the Secretary of Transportation by Pub. L. 89-670, § 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2) of Pub. L. 89-670, however, provided that notwithstanding such transfer of functions, the Coast Guard shall operate as part of the Navy in time of war or when the President directs as provided in section 3 of Title 14, Coast Guard. See section 108 of Title 49, Transportation.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 49 App. section 1903.

§ 239b. Denial or revocation of seaman's document for narcotics violation

The Secretary may

(a) deny a seaman's document to

(1) any person who, within ten years prior to the date of the application therefor, has been convicted in a court of record of a violation of the narcotic drug laws of the United States, the District of Columbia, or any State or Territory of the United States, which conviction has become final; or

(2) any person who, unless he furnishes satisfactory evidence that he is cured, has ever been a user of or addicted to the use of a narcotic drug; and

(b) take action, based on a hearing before a Coast Guard examiner, under hearing procedures prescribed by subchapter II of chapter 5 of title 5, to revoke the seaman's document of

(1) any person who, subsequent to July 15, 1954, and within ten years prior to the institution of the action, has been convicted in a court of record of a violation of the narcotic drug laws of the United States, the District of Columbia, or any State or Territory of the United States, the revocation to be subject to the conviction's becoming final; or

(2) any person who, unless he furnishes satisfactory evidence that he is cured, has been, subsequent to July 15, 1954, a user of or addicted to the use of a narcotic drug. (July 15, 1954, ch. 512, § 2, 68 Stat. 484.)

CODIFICATION

In subsec. (b), “subchapter II of chapter 5 of title 5" was substituted for "the Administrative Procedure Act, as amended" on authority of Pub. L. 89-554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.

Section was formerly classified to section 710c of this title.

TRANSFER OF FUNCTIONS

The Coast Guard was transferred to the Department of Transportation, and all functions, powers, and duties relating to the Coast Guard of the Secretary of the Treasury and of other officers and offices of the Department of the Treasury were transferred to the Secretary of Transportation by Pub. L. 89-670, § 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2) of Pub. L. 89-670, however, provided that notwithstand

ing such transfer of functions, the Coast Guard shall operate as part of the Navy in time of war or when the President directs as provided in section 3 of Title 14, Coast Guard. See section 108 of Title 49, Transportation.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 49 App. section 1903.

§ 240. Revocation or suspension of officer's license for refusal to serve

If any licensed officer shall, to the hindrance of commerce, wrongfully or unreasonably refuse to perform his official duties after having signed articles or while employed on any vessel as authorized by the terms of his certificate of license, or if any pilot or engineer shall refuse to admit into the pilot house or engine room any person whom the master or owner of the vessel may desire to place there for the purpose of learning the profession, his license shall be revoked or suspended upon the same proceedings as are provided in other cases of revocation or suspension of such license.

(R.S. § 4449; Mar. 3, 1905, ch. 1457, § 5, 33 Stat. 1030; Mar. 3, 1915, ch. 79, § 1, 38 Stat. 894.)

CODIFICATION

R.S. § 4449 derived from act Feb. 28, 1871, ch. 100, § 55, 16 Stat. 456.

R.S. § 4449 as originally enacted read as follows: "If any licensed officer shall, to the hindrance of commerce, wrongfully or unreasonably refuse to serve in his official capacity on any steamer, as authorized by the terms of his certificate of license, or shall fail to deliver to the applicant for such service at the time of such refusal, if the same shall be demanded, a statement in writing assigning good and sufficient reasons therefor, or if any pilot or engineer shall refuse to admit into the pilothouse or engine-room any person whom the master or owner of the vessel may desire to place there for the purpose of learning the profession, his license shall be revoked upon the same proceedings as are herein provided in other cases of revocation of such licenses."

It was amended by section 5 of act Mar. 3, 1905, by changing, in the clause of the section as originally enacted, "refuse to serve in his official capacity on any steamer," the word "steamer," to "vessel," and by inserting, after the words near the end of the section, "his license shall be revoked," the words "or suspended," and after the subsequent words, “in other cases or revocation," the words "or suspension."

It was further amended by section 1 of act Mar. 3, 1915, to read as set forth here.

§ 241. Exception of certain vessels from Officers' Competency Certificates Convention

Pursuant to the authority granted in the second clause of Article One of the Officers' Competency Certificates Convention, 1936, ratified by the President of the United States on September 1, 1938, by and with the advice and consent of the Senate of the United States, given June 13, 1938 (being International Labor Conference Treaty, Draft Convention, Numbered 53, adopted by the International Labor Conference at Geneva in 1936), vessels of the United States of less than two hundred tons gross registered tonnage are exempted from the provisions of such convention: Provided, however, That neither the ratification of the said con

vention by the President of the United States, nor the advice and consent of the United States Senate given thereto, nor any provision of the said convention as ratified, nor any provision of this section shall be deemed to alter, amend, or repeal any statute of the United States existing at the time of said ratification, or thereafter enacted, with regard to any such vessel of less than two hundred tons, gross registered tonnage.

(Mar. 29, 1939, ch. 26, 53 Stat. 554.)

CROSS REFERENCES

Other provisions concerning Convention, see section 224a of this title.

§ 242. Registration of pursers, surgeons and professional nurses; creation of staff departments on vessels; medical division; purser's division

There shall be registered staff officers in the United States merchant marine in the following grades: (1) Chief purser, (2) purser, (3) senior assistant purser, (4) junior assistant purser, (5) surgeon and (6) professional nurse. The Commandant of the Coast Guard (in sections 242 to 248 of this title called the Commandant) shall register, and issue certificates of registry to, qualified individuals applying for registry in such grades, as hereinafter provided, and every such individual when so registered and serving in the staff department on a vessel of the United States shall rank as a staff officer on such vessel. Officers registered under the provisions of sections 242 to 248 of this title and pursers' clerks and such persons as may be assigned to the senior registered surgeon shall constitute a separate and independent department on vessels of the United States to be known as the staff department. Such staff department shall be composed of a medical division and a purser's division. The medical division shall be under the charge of the senior registered surgeon on such vessel, who shall be responsible solely to the master. The purser's division shall be under the charge of the senior registered purser on such vessel, who shall be responsible solely to the master. On oceangoing vessels licensed to carry more than one hundred passengers, such officer in charge of the purser's division of the staff department shall be a registered chief purser; and whenever more than three persons are employed in the purser's division of the staff department on such vessels, there shall be a minimum of one registered senior assistant purser and one registered junior assistant purser in such purser's division of that staff department. No person shall be eligible for registry as a staff officer under the provisions of sections 242 to 248 of this title who is not a citizen of the United States. (Aug. 1, 1939, ch. 409, § 1, 53 Stat. 1145; Sept. 24, 1941, ch. 416, 55 Stat. 729; 1946 Reorg. Plan No. 3, 88 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; Sept. 23, 1963, Pub. L. 88-128, § 1(a) 77 Stat. 164.)

AMENDMENTS

1963-Pub. L. 88-128 provided for the registration of professional nurses as staff officers in the United States merchant marine.

1941-Act Sept. 24, 1941, divided staff department into two divisions, namely, medical division and purser's division.

TRANSFER OF FUNCTIONS

The Coast Guard was transferred to the Department of Transportation, and all functions, powers, and duties relating to the Coast Guard of the Secretary of the Treasury and of other officers and offices of the Department of the Treasury were transferred to the Secretary of Transportation by Pub. L. 89-670, § 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2) of Pub. L. 89-670, however, provided that notwithstanding such transfer of functions, the Coast Guard shall operate as part of the Navy in time of war or when the President directs as provided in section 3 of Title 14, Coast Guard. See section 108 of Title 49, Transportation.

For transfer of functions of other officers, employees, and agencies of the Department of the Treasury, with certain exceptions, to the Secretary of the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees. Functions of the Coast Guard, and the Commandant of the Coast Guard, were excepted from transfer when the Coast Guard is operating as part of the Navy under sections 1 and 3 of Title 14.

"Commandant of the Coast Guard" was substituted for "Secretary of Commerce" on authority of Reorg. Plan No. 3 of 1946, §§ 101-104, set out as a note under section 1 of this title.

CROSS REFERENCES

Vessel of United States defined, see section 248 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 243 to 248 of this title.

§ 243. Qualifications for registry of pursers, surgeons, and professional nurses

No applicant for registry under the provisions of sections 242 to 248 of this title shall be required to take an examination to qualify therefor, but the Commandant shall require satisfactory proof of good character, citizenship, and such minimum periods of service as he shall deem necessary to establish the requisite knowledge, skill, and experience to qualify applicants for the respective stations. Applicants for registry as surgeon or professional nurse shall be required to possess a valid license as physician and surgeon or registered nurse, respectively, issued under the authority of a State or territory of the United States, the Commonwealth of Puerto Rico, or the District of Columbia.

(Aug. 1, 1939, ch. 409, § 2, 53 Stat. 1146; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; Sept. 23, 1963, Pub. L. 88-128, § 1(b), 77 Stat. 164.)

AMENDMENTS

1963-Pub. L. 88-128 required applicants for registry as professional nurse to possess a valid license as registered nurse and provided for the issuance of licenses under the authority of the Commonwealth of Puerto Rico.