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REFERENCES IN TEXT

Sections 85 to 85g of this title, referred to in text, were repealed by Pub. L. 93-115, § 12, Oct. 1, 1973, 87 Stat. 421, and are now covered by sections 86 to 861 of this title.

AMENDMENTS

1973-Subsec. (b). Pub. L. 93-106 excepted until November 1, 1978, vessels operating solely on the inland rivers from the requirement that vessels be constructed of fire retardant material.

EXEMPTION OF STEAMBOAT DELTA QUEEN FROM THE
SAFETY-AT-SEA LAWS

Section 1 of Pub. L. 93–106 provided: "That the primary purpose of the amendment made by section 2 of this Act [amending subsec. (b) of this section] is to assure the continuity of operation of the overnight riverboat, the steamboat Delta Queen, by extending her existing exemption from the safety-at-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."

§ 375. Regulations of the Commandant.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 7 section 136q. § 391a. Vessels carrying certain cargoes in bulk. (1) Statement of policy.

The Congress hereby finds and declares

That the carriage by vessels of certain cargoes in bulk creates substantial hazards to life, property, the navigable waters of the United States (including the quality thereof) and the resources contained therein and of the adjoining land, including but not limited to fish, shellfish, and wildlife, marine and coastal ecosystems and recreational and scenic values, which waters and resources are hereafter in this section referred to as the "marine environment."

That existing standards for the design, construction, alteration, repair, maintenance and operation of such vessels must be improved for the adequate protection of the marine environment.

That it is necessary that there be established for all such vessels documented under the laws of the United States or entering the navigable waters of the United States comprehensive minimum standards of design, construction, alteration, repair, maintenance, and operation to prevent or mitigate the hazards to life, property, and the marine environment.

(2) Vessels included.

All vessels, regardless of tonnage size, or manner of propulsion, and whether self-propelled or not, and whether carrying freight or passengers for hire or not, which are documented under the laws of the United States or enter the navigable waters of the United States, except public vessels other than those engaged in commercial service, that shall have on board liquid cargo in bulk which is

(A) inflammable or combustible, or

(B) oil, of any kind or in any form, including but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil, or

(C) designated as a hazardous polluting substance under section 12(a) of the Federal Water Pollution Control Act (33 U.S.C. 1162);

shall be considered steam vessels for the purposes of title 52 of the Revised Statutes of the United States and shall be subject to the provisions thereof: Provided, That this section shall not apply to vessels having on board the substances set forth in (A), (B), or (C) above only for use as fuel or stores or to vessels carrying such cargo only in drums, barrels, or other packages: And provided further, That nothing contained herein shall be deemed to amend or modify the provisions of section 4 of Public Law 90-397 with respect to certain vessels of not more than five hundred gross tons: And provided further, That this section shall not apply to vessels of not more than five hundred gross tons documented in the service of oil exploitation which are not tank vessels and which would be subject to this section only because of the transfer of fuel from the vessels' own fuel supply tanks to offshore drilling or production facilities.

(3) Rules and regulations.

In order to secure effective provision (A) for vessel safety, and (B) for protection of the marine environment, the Secretary of the department in which the Coast Guard is operating (hereafter referred to in this section as the "Secretary") shall establish for the vessels to which this section applies such additional rules and regulations as may be necessary with respect to the design and construction, alteration, repair, and maintenance of such vessels, including, but not limited to, the superstructures, hulls, places for stowing and carrying such cargo, fittings, equipment, appliances, propulsive machinery, auxiliary machinery, and boilers thereof; and with respect to all materials used in such construction, alteration, or repair; and with respect to the handling and stowage of such cargo, the manner of such handling or stowage, and the machinery and appliances used in such handling and stowage; and with respect to equipment and appliances for life saving, fire protection, and the prevention and mitigation of damage to the marine environment; and with respect to the operation of such vessels; and with respect to the requirements of the manning of such vessels and the duties and qualifications of the officers and crew thereof; and with respect to the inspection of all the foregoing. In establishing such rules and regulations the Secretary may, after hearing as provided in subsection (4), adopt rules of the American Bureau of Shipping or similar American classification society for classed vessels insofar as such rules pertain to the efficiency of hulls and the reliability of machinery of vessels to which this section applies. In establishing such rules and regulations, the Secretary shall give due consideration to the kinds and grades of such cargo permitted to be on board such vessel. In establishing such rules and regulations the Secretary shall, after consultation with the Secretary of Commerce and the Administrator of the Environmental Protection Agency, identify those established for protection of the marine environment and those established for vessel safety.

(4) Adoption of rules and regulations,

Before any rules or regulations, or any alteration, amendment, or repeal thereof, are approved by the

Secretary under the provisions of this section, except in an emergency, the Secretary shall (A) consult with other appropriate Federal departments and agencies, and particularly with the Administrator of the Environmental Protection Agency and the Secretary of Commerce, with regard to all rules and regulations for the protection of the marine environment, (B) publish proposed rules and regulations, and (C) permit interested persons an opportunity for hearing. In prescribing rules or regulations, the Secretary shall consider, among other things, (i) the need for such rules or regulations, (ii) the extent to which such rules or regulations will contribute to safety or protection of the marine environment, and (iii) the practicability of compliance therewith, including cost and technical feasibility.

(5) Rules and regulations for safety; inspection; permits; foreign vessels.

No vessel subject to the provisions of this section shall, after the effective date of the rules and regulations for vessel safety established hereunder, have on board such cargo, until a certificate of inspection has been issued to such vessel in accordance with the provisions of title 52 of the Revised Statutes of the United States and until a permit has been endorsed on such certificate of inspection by the Secretary, indicating that such vessel is in compliance with the provisions of this section and the rules and regulations for vessel safety established hereunder, and showing the kinds and grades of such cargo that such vessel may have on board or transport. Such permit shall not be endorsed by the Secretary on such certificate of inspection until such vessel has been inspected by the Secretary and found to be in compliance with the provisions of this section and the rules and regulations for vessel safety established hereunder. For the purpose of such inspection, approved plans and certificates of class of the American Bureau of Shipping or other recognized classification society for classed vessels may be accepted as evidence of the structural efficiency of the hull and the reliability of the machinery of such classed vessels except as far as existing law places definite responsibility on the Coast Guard. A certificate issued under the provisions of this section shall be valid for a period of time not to exceed the duration of the certificate of inspection on which such permit is endorsed, and shall be subject to revocation by the Secretary whenever he shall find that the vessel concerned does not comply with the conditions upon which such permit was issued: Provided, That rules and regulations for vessel safety established hereunder and the provisions of this subsection shall not apply to vessels of a foreign nation having on board a valid certificate of inspection recognized under law or treaty by the United States: And provided further, That no permit shall be issued under the provisions of this section authorizing the presence on board any vessel of any of the materials expressly prohibited from being thereon by subsection (3) of section 170 of this title.

(6) Rules and regulations for protection of the marine environment; inspection; certification. No vessel subject to the provisions of this section shall, after the effective date of rules and regula

tions for protection of the marine environment, have on board such cargo, until a certificate of compliance, or an endorsement on the certificate of inspection for domestic vessels, has been issued by the Secretary indicating that such vessel is in compliance with such rules and regulations. Such certificate of compliance or endorsement shall not be issued by the Secretary until such vessel has been inspected by the Secretary and found to be in compliance with the rules and regulations for protection of the marine environment established hereunder. A certificate of compliance or an endorsement issued under this subsection shall be valid for a period specified therein by the Secretary and shall be subject to revocation whenever the Secretary finds that the vessel concerned does not comply with the conditions upon which such certificate endorsement was issued.

(7) Rules and regulations for protection of the marine environment relating to vessel design and construction, alteration, and repair; international agreement.

(A) The Secretary shall begin publication as soon as practicable of proposed rules and regulations setting forth minimum standards of design, construction, alteration, and repair of the vessels to which this section applies for the purpose of protecting the marine environment. Such rules and regulations shall, to the extent possible, include but not be limited to standards to improve vessel maneuvering and stopping ability and otherwise reduce the possibility of collision, grounding, or other accident, to reduce cargo loss following collision, grounding, or other accident, and to reduce damage to the marine environment by normal vessel operations such as ballasting and deballasting, cargo handling, and other activities.

(B) The Secretary shall cause proposed rules and regulations published by him pursuant to subsection (7) (A) to be transmitted to appropriate international forums for consideration as international standards.

(C) Rules and regulations published pursuant to subsection (7) (A) shall be effective not earlier than January 1, 1974, with respect to foreign vessels and United States-flag vessels operating in the foreign trade, unless the Secretary shall earlier establish rules and regulations consonant with international treaty, convention, or agreement, which generally address the regulation of similar topics for the protection of the marine environment. In absence of the promulgation of such rules and regulations consonant with international treaty, convention, or agreement, the Secretary shall establish an effective date not later than January 1, 1976, with respect to foreign vessels and United States-flag vessels operating in the foreign trade, for rules and regulations previously published pursuant to this subsection (7) which he then deems appropriate. Rules and regulations published pursuant to subsection (7) (A) shall be effective not later than June 30, 1974, with respect to United States-flag vessels engaged in the coastwise trade.

(D) Any rule or regulation for protection of the marine environment promulgated pursuant to this subsection (7) shall be equally applicable to foreign vessels and United States-flag vessels operating in

the foreign trade. If a treaty, convention, or agreement provides for reciprocity of recognition of certificates or other documents to be issued to vessels by countries party thereto, which evidence compliance with rules and regulations issued pursuant to such treaty, convention, or agreement, the Secretary, in his discretion, may accept such certificates or documents as evidence of compliance with such rules and regulations in lieu of the certificate of compliance otherwise required by subsection (6) of this section.

(8) Shipping documents.

Vessels subject to the provisions of this section shall have on board such shipping documents as may be prescribed by the Secretary indicating the kinds, grades, and approximate quantities of such cargo on board such vessel, the shippers and consignees thereof, and the location of the shipping and destination points.

(9) Officers; tankermen; certification.

(A) In all cases where the certificate of inspection does not require at least two licensed officers, the Secretary shall enter in the permit issued to any vessel under the provisions of this section the number of the crew required to be certified as tankermen.

(B) The Secretary shall issue to applicants certificates as tankermen, stating the kinds of cargo the holder of such certificate is, in the judgment of the Secretary, qualified to handle aboard vessels with safety, upon satisfactory proof and examination, in form and manner prescribed by the Secretary, that the applicant is in good physical condition, that such applicant is trained in and capable efficiently to perform the necessary operations aboard vessels having such cargo on board, and that the applicant fulfills the qualifications of tankerman as prescribed by the Secretary under the provisions of this section. Such certificates shall be subject to suspension or revocation on the same grounds and in the same manner and with like procedure as is provided in the case of suspension or revocation of licenses of officers under the provisions of section 239 of this title.

(10) Effective date of rules and regulations.

Except as otherwise provided herein, the rules and regulations to be established pursuant to this section shall become effective ninety days after their promulgation unless the Secretary shall for good cause fix a different time. If the Secretary shall fix an effective date later than ninety days after such promulgation, his determination to fix such a later date shall be accompanied by an explanation of such determination which he shall publish and transmit to the Congress.

(11) Penalties.

(A) The owner, master, or person in charge of any vessel subject to the provisions of this section, or any or all of them, who shall violate the provisions of this section, or the rules and regulations established hereunder, shall be liable to a civil penalty of not more than $10,000.

(B) The owner, master, or person in charge of any vessel subject to the provisions of this section, or any or all of them, who shall knowingly and willfully violate the provisions of this section or the rules and

regulations established hereunder, shall be subject to a fine of not less than $5,000 or more than $50,000, or imprisonment for not more than five years, or both.

(C) Any vessel subject to the provisions of this section, which shall be in violation of this section or the rules and regulations established hereunder, shall be liable in rem and may be proceeded against in the United States district court for any district in which the vessel may be found.

(12) Injunctive proceedings.

The United States district courts shall have jurisdiction for cause shown to restrain violations of this section or the rules and regulations promulgated hereunder.

(13) Denial of entry.

The Secretary may, subject to recognized principles of international law, deny entry into the navigable waters of the United States to any vessel not in compliance with the provisions of this section or the regulations promulgated thereunder. (As amended July 10, 1972, Pub. L. 92-340, title II, § 201, 86 Stat. 427; Nov. 16, 1973, Pub. L. 93–153, title IV, § 401, 87 Stat. 589.)

REFERENCES IN TEXT

Provisions of section 4 of Pub. L. 90-397, referred to in subsec. (2), amended former subsec. (1) of this section. For changes made, see 1968 amendment note below.

The Federal Water Pollution Control Act, referred to in par. (2) (C), was completely revised and amended by Pub. L. 92-500, Oct. 18, 1972, 86 Stat. 816, and is now classified to chapter 26 (section 1251 et seq.) of Title 33, Navigation and Navigable Waters.

AMENDMENTS

1973-Subsec. (7) (C). Pub. L. 93-153 inserted "with respect to foreign vessels and United States-flag vessels operating in the foreign trade," in two places and provided that rules and regulations published pursuant to subsec. (7) (A) be effective not later than June 30, 1974, with respect to United States-flag vessels engaged in the coast-wise trade.

1972 Subsec. (1). Pub. L. 92-340 added subsec. (1). Former subsec. (1) redesignated (2).

Subsec. (2). Pub. L. 92–340 redesignated former subsec. (1) as subsec. (2) and in subsec. (2) so redesignated, expanded the definition of steam vessels to include vessels documented under the laws of the United States or entering the navigable waters of the United States that have on board oil of any kind and other liquid cargo in bulk designated as a hazardous polluting substance, incorporated provisions relating to certain fishing vessels of not more than five hundred tons by reference to section 4 of Pub. L. 90-397, and added exception relating to vessels of not more than five hundred tons engaged in oil exploitation services. Former subsec. (2) redesignated (3).

Subsec. (3). Pub. L. 92–340 redesignated former subsec. (2) as subsec. (3) and in subsec. (3) so redesignated reenacted existing provisions with minor changes such as enumerating the purposes of the rules as vessel safety and protection of marine environment, and substituting Secretary of the Department in which the Coast Guard is operating for Commandant of Coast Guard, and adding provision that in establishing rules and regulations, the Secretary shall consult with the Secretary of Commerce and Administrator of the Environmental Protection Agency and identify the rules established for the protection of the marine environment and those established for vessel safety. Former subsec. (3) redesignated (4).

Subsec. (4). Pub. L. 92-340 redesignated former subsec. (3) as subsec. (4) and in subsec. (4) so redesignated, substituted Secretary for Commandant of Coast Guard, and further substituted elaborate provisions relating to consultation, publication and hearing for simple requirement of notice, and hearing. Former subsec. (4) redesignated (5).

20-347 0-74-vol. 263

Subsec. (5). Pub. L. 92-340 redesignated former subsec. (4) as subsec. (5) and in subsec. (5) so redesignated, substituted "Secretary" for "Coast Guard" in three places, "rules and regulations for vessel safety" for "rules and regulations," "cargo" for "liquid cargo" and "certificate" for "permit" in one place. Former subsec. (5) redesignated (8).

Subsec. (6). Pub. L. 92-340 added subsec. (6). Former subsec. (6) redesignated (9).

Subsec. (7) Pub. L. 92-340 added subsec (7). Former subsec. (7) redesignated (11).

Subsec. (8). Pub. L. 92-340 redesignated former subsec. (5) as subsec. (8), and in subsec. (8) so redesignated, reenacted existing provisions and substituted "Secretary" for "Commandant of the Coast Guard" and "cargo" for "liquid cargo". Former subsec. (8) redesignated (10).

Subsec. (9). Pub. L. 92-340 redesignated former subsec. (6) as subsec. (9) and in subsec. (9) so redesignated, substituted "Secretary" for "Coast Guard" and "Commandant of the Coast Guard", and "cargo" for "liquid cargo".

Subsec. (10). Pub. L. 92-340 redesignated former subsec. (8) as subsec. (10) and in subsec. (10) so redesignated, inserted "Except as otherwise provided herein," preceding "the rules and regulations", substituted "Secretary" for "Commandant of the Coast Guard" and added provision that the Secretary submit an explanation to the Congress when he fixes an effective date later than ninety days.

Subsec. (11). Pub. L. 92–340 redesignated former subsec. (7) as par. (A) of this subsection and in part. (A) so redesignated, substituted civil penalty of not more than $10,000 for penalties of a fine of not more than $1,000 or imprisonment for not more than one year or both fine and imprisonment, and added pars. (B) and (C).

Subsec. (12). Pub. L. 92-340 added subsec. (12). Subsec. (13). Pub. L. 92-340 added subsec. (13). SAVINGS PROVISION

Section 202 of Pub. L. 92-340 provided that: "Regulations previously issued under statutory provisions repealed, modified, or amended by this title [which amended this section] shall continue in effect as though promulgated under the authority of section 4417a of the Revised Statutes of the United States (46 U.S.C. 391a), as amended by this title [this section], until expressly abrogated, modified, or amended by the Secretary of the Department in which the Coast Guard is operating under the regulatory authority of such section 4417a as so amended. Any proceeding under such section 4417a for a violation which occurred before the effective date of this title [July 10, 1972] may be initiated or continued to conclusion as though such section 4417a had not been amended hereby."

REPORT TO CONGRESS

Section 203 of Pub. L. 92-340 provided that: "The Secretary of the Department in which the Coast Guard is operating shall, for a period of ten years following the enactment of this title [July 10, 1972], make a report to the Congress at the beginning of each regular session, regarding his activities under this title [amending this section]. Such report shall include but not be limited to (A) a description of the rules and regulations prescribed by the Secretary (i) to improve vessel maneuvering and stopping ability and otherwise reduce the risks of collisions, groundings, and other accidents, (ii) to reduce cargo loss in the event of collisions, groundings, and other accidents, and (iii) to reduce damage to the marine environment from the normal operation of the vessels to which this title applies, (B) the progress made with respect to the adoption of international standards for the design, construction, alteration, and repair of vessels to which this title applies for protection of the marine environment, and (C) to the extent that he Secretary finds standards with respect to the design, construction, alteration, and repair of vessels for the purposes set forth in (A) (i), (ii), or (iii) above not possible, an explanation of the reasons therefor."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 33 section 1221.

§ 404. Inspection of ferryboats, canal boats, and small craft; regulations; exemptions.

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 Revised Statutes applicable to such vessels, or of rules or regulations lawfully established thereunder, and to the extent to which such provisions of law and regulations are so applicable, the said vessels, their masters, officers, and owners shall be subject to the provisions of sections 494 to 498 of this title, 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: Provided further, That no vessel under one hundred and fifty gross tons, owned by or demise chartered to any cooperative or association engaged solely in transporting cargo owned by any one or more of the members of such cooperative or association on a nonprofit basis (1) between places within the inland waters of southeastern Alaska, as defined pursuant to section 151 of Title 33, or (2) between places within said inland waters of southeastern Alaska and Prince Rupert, British Columbia, or (3) between places within said inland waters of southeastern Alaska and places within the inland waters of the State of Washington, as also defined pursuant to such section, via sheltered waters, as defined in article I, of the Treaty between United States and Canada defining certain waters of the west coast of North America as sheltered waters, dated December 9, 1933, shall be deemed to be carrying freight for hire within the meaning of this section. As used herein, the phrase "engaged in fishing as a regular business" includes cannery tender or fishing tender vessels of not more than five hundred gross tons used in the salmon or crab fisheries of the States of Oregon, Washington, and Alaska which are engaged exclusively in (1) the carriage of cargo to or from

vessels in the fishery or a facility used or to be used in the processing or assembling of fishery products, or (2) the transportation of cannery or fishing personnel to or from operating locations. The exemption in the preceding sentence for cannery tender and fishery tender vessels shall continue in force for five years from July 11, 1973. (As amended July 9, 1973, Pub. L. 93-65, § 6(b), 87 Stat. 151.)

AMENDMENTS

1973-Pub. L. 93-65 extended termination date for cannery tender and fishery tender vessel exemption from a date five years from July 11, 1968, to a date five years from July 11, 1973.

§ 405. Tugboats, freight boats, and towing vessels; licensing of personnel.

(a) The hull and boiler of every tugboat, towing boat, and freight boat shall be inspected, under the provisions of title 52 of the Revised Statutes; and the Coast Guard shall see that the boilers, machinery, and appurtenances of such vessel are not dangerous in form or workmanship, and that the safety valves, gauge cocks, low-water alarm indicators, steam gauges, and fusible plugs are all attached in conformity to law; and the officers navigating such vessels shall be licensed in conformity with the provisions of sections 214, 224, 226, 229, and 230 of this title and shall be subject to the same provisions of law as officers navigating passenger steamers. (b) (1) As used in this subsection

(A) the term "Secretary," means the Secretary of the department in which the Coast Guard is operating;

(B) the term "towing" means pulling, pushing, or hauling alongside or any combination thereof; (C) the term "towing vessel" means a commercial vessel engaged in or intended to engage in the service of towing which is twenty-six feet or more in length, measured from end to end over the deck, excluding sheer;

(D) the term "uninspected" means not required by law to have a valid certificate of inspection issued by the Secretary.

(2) An uninspected towing vessel in order to assure safe navigation shall, while underway, be under the actual direction and control of a person licensed by the Secretary to operate in the particular geographic area and by type of vessel under regulations prescribed by him. A person so licensed may not work a vessel while underway or perform other duties in excess of a total of twelve hours in any consecutive twenty-four-hour period except in case of

emergency.

(3) Paragraph 2 of this subsection shall not apply to towing vessels of less than two hundred gross tons engaged in a service or preparing or intending to immediately engage in a service to the offshore oil and mineral exploitation industry, including construction for such industry, where the vessels involved would have as their ultimate destination or last point of departure offshore oil and mineral exploitation sites or equipment. (As amended July 7, 1972, Pub. L. 92339, § 1, 86 Stat. 423.)

AMENDMENTS

1972-Pub. L. 92-339 designated existing provisions as subsec. (a) and added subsec. (b).

EFFECTIVE DATE OF 1972 AmendmenT Section 3 of Pub. L. 92-339 provided that: "The amendments made by the first section of this Act [adding subsec. (b) to this section] shall become effective on January 1, 1972, or on the first day of the sixth month which begins after the month in which regulations are first issued under section 4427(b)(2) of the Revised Statutes (as added by the first section of this Act) [subsec. (b) (2) of this section], which ever date is later."

REPORT ON THE NEED FOR ENGINEERS ON UNINSPECTED TOWING VESSELS

Section 2 of Pub. L. 92-339 provided that: "The Secretary of Transportation shall conduct a study concerning the need for engineers on uninspected towing vessels and shall submit to the Congress a report on this study, together with any legislative recommendations not later than ten months after the enactment of this legislation [July 7, 1972].”

ISSUANCE OF REGULATIONS COVERING LICENSES FOR OPERATION OF UNINSPECTED TOWING VESSELS Regulations covering licenses for the operation of uninspected towing vessels were issued on Feb. 26, 1973, by the Commandant of the Coast Guard. The regulations became effective on Sept. 1, 1973, to coincide with the effective date of subsec. (b) of this section which sets out the license requirement and which, under the terms of section 3 of Pub. L 92-339, set out in the Effective Date of 1972 Amendment note above, also became effective Sept. 1, 1973. See 38 F.R. 5746.

§ 416. Regulations.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 7 section 136q. Chapter 16.-REGULATION OF MOTORBOATS

§ 526f. Repealed. Pub. L. 92-75, § 41(a)(1), Aug. 10, 1971, 85 Stat. 228.

Section, act Apr. 25, 1940, ch. 155, § 7, 54 Stat. 165; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; May 10, 1956, ch. 258, § 6(c), 70 Stat. 154, required licensed operators for motorboats and small craft of 15 tons or less, propelled by machinery other than steam, carrying passengers for hire and provided for the granting of an operator's license by the Secretary and is now covered in part by section 1461(e) of this title.

SAVING PROVISIONS

Any criminal or civil penalty proceeding under the Motorboat Act of 1940, as amended, section 526 et seq. of this title, or the Federal Boating Act of 1958, as amended, former section 527 et seq. of this title, for a violation which occurred before Aug. 10, 1971, to be initiated and continue to conclusion as though the former Acts had not been amended or repealed by Pub. L. 92-75, Aug. 10, 1971, 85 Stat. 213, see section 41(f) of Pub. L. 92-75, set out as a note under section 1483 of this title.

§ 526k. Carrying copies of pilot rules.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 526u of this title. S$ 5261, 526m. Repealed. Pub. L. 92-75, § 41(a)(1), (2), Aug. 10, 1971, 85 Stat. 228.

Section 5261, act Apr. 25, 1940, ch. 155, § 13, 54 Stat. 166; Sept. 2, 1958, Pub. L. 85-911, § 6(a), 72 Stat. 1756, prohibited reckless or negligent operation of vessels, provided for accident assistance and for the filing of accident reports and is now covered in part by sections 1465 (a) and 1486 (d) of this title.

Section 526m, act Apr. 25, 1940, ch. 155, § 14, 54 Stat. 166, provided that any person operating a vessel in a reckless or negligent manner be deemed guilty of a misdemeanor and on conviction be punished by a fine not exceeding $2,000 and/or imprisonment not exceeding 1 year at the court's discretion. For criminal and civil penalties applicable to the Federal Boat Safety Act of 1971, section 1451 et seq. of this title, see sections 1483 and 1484 of this title.

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