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size, capacity, details of construction, methods of operation, stowage, maintenance, manning, use, testing, and inspecting of such equipment, and drills and exercises necessary to assure proper functioning and use of such equipment.

(3) Muster lists, including, but not limited to, the posting of such lists, and prescribing the special duties to be performed by crew members in the event of emergency.

(4) Ground tackle and hawsers, including, but not limited to, the number, size, stowage, use, maintenance, manning, testing, and inspection.

(5) Bilge systems for the removal of liquid from the various parts of the vessel, including, but not limited to, design, installation, capacity, composition, functioning, manning, testing, and inspection.

(b) (1) In prescribing rules and regulations pursuant to this section, the Secretary shall give consideration to the age, size, service, route, and other factors affecting the operation of the vessels.

(2) Unless otherwise prescribed by treaty or other international agreement, the rules and regulations prescribed by the Secretary pursuant to this section shall be applicable to all foreign vessels carrying passengers from ports of the United States.

(3) The Secretary may, upon his own motion, or upon the application of any interested party, determine that the application to any vessel of the rules and regulations prescribed pursuant to this section, or any part thereof, is not necessary in the public interest, and he may order such vessel exempt from their application upon such terms and conditions and for such periods of time as he may specify in the order.

(c) The owner or operator of any vessel who neglects or refuses to provide and equip his vessel with the lifesaving, firefighting, or other equipment, or take other measures required by the rules or regulations issued pursuant to this section shall be liable to the United States in a penalty of $1,000 for each such neglect or refusal for which sum the 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; and any master or person in charge of such vessel who so defaults shall be liable to a penalty of $500.

(d) Any person who willfully and knowingly manufactures or sells, or offers for sale, or has in his possession with intent to sell, any lifesaving, firefighting, or other equipment subject to the provisions of title 52 of the Revised Statutes, as amended, which is so defective as to be inefficient to accomplish the purpose for which it is intended, shall be fined not more than $10,000 and may, in addition thereto, in the discretion of the Court, be imprisoned for a term not exceeding five years. Lights of produce boats, canal boats, etc., navigating by hand or

horsepower or by sail or by current, or at anchor 33 U.S.C. 259

Produce boats, canal boats, fishing boats, rafts, or other water craft navigating any bay, harbor, or river by hand power, horsepower, sail, or by the current of the river, or which shall be anchored or moored in or near the channel or fairway of any bay, harbor, or river, and not otherwise provided for in these rules, shall carry one or more good white lights, which shall be placed in such manner as shall be prescribed by the Commandant of the Coast Guard. Lights of small tugs, boats on river St. Lawrence, ferryboats,

rafts, and canal boats; regulations 33 U.S.C. 256

The lights for tugs under one hundred tons register (net), whose principal business is harbor towing, and for boats navigating only on the River Saint Lawrence, also ferryboats, rafts, and canal boats, shall be regulated by rules which have been or may hereafter be prescribed by the Commandant of the Coast Guard. Records and reports of inspections and licenses 46 U.S.C. 414 (R.S. 4457)

Coast Guard officials shall keep a record of certificates of inspection of vessels, their boilers, engines, and machinery, and of all their acts in their examination and inspection of steamers, whether of approval or disapproval; and when a certificate of approval is recorded, the original shall be delivered to the collector or other chief officer of the customs of the district. They shall also keep a like record of all licenses granted to masters, mates, pilots, and engineers, and of all refusals of the same, of all suspensions and revocations of licenses, of all refusals, suspensions, or revocations of which they shall receive notices from other districts. They shall also keep an accurate account of every steamer boarded by them during the year, and of all their official acts and doings. Regulations 46 U.S.C. 416 (R.S. 4462)

The Commandant of the Coast Guard shall make such regulations as may be necessary to secure the proper execution and carry out the purposes of title 52 of the Revised Statutes, and sections 369 and 382b of this title. Extra pay for overtime services; payment by owner or master or

agent; appropriations; regulation of varying working hours 46 U.S.C. 382b

The Commandant of the Coast Guard shall fix a reasonable rate of extra compensation for overtime services of Coast Guard officials and customs officers and employees, who may be required to remain on duty between the hours of 5 o'clock postmeridian and 8 o'clock antemeridian or on Sundays or holidays to perform services in connection with the inspection of vessels or their equipment, supplying or signing on or discharging crews of vessels on the basis of one-half day's additional pay for each two hours or fraction thereof of at least one hour that the overtime extends beyond 5 o'clock postmeridian (but not to exceed two and one-half days' pay for the full period from 5 o'clock postmeridian to 8 o'clock

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antemeridian) and two additional days' pay for Sunday or holiday
duty. The said extra compensation for overtime services shall be
paid by the master, owner, or agent of such vessel to the local
United States collector of customs or his representative who shall
deposit such collection into the Treasury of the United States to an
appropriately designated receipt account. The amount of the re-
ceipts so covered during the fiscal year 1936 is authorized to be
appropriated and made available for payment of extra compensation
for overtime services to the several employees entitled thereto_ac-
cording to rates fixed therefor by the Secretary of Commerce: Pro-
vided, That effective July 1, 1936, and thereafter, the amounts of
such collections received by the said collector of customs or his
representative shall be covered into the Treasury as miscellaneous
receipts; and the payments of such extra compensation to the several
employees entitled thereto shall be made from the annual appro-
priations for salaries and expenses of the Coast Guard: Provided
further, That to the extent that the annual appropriations, which are
hereby authorized to be made from the general fund of the Treasury,
are insufficient, there are hereby authorized to be appropriated from
the general fund of the Treasury such additional amounts as may
be necessary, to the extent that the amounts of such receipts are in
excess of the amounts appropriated : Provided further, That such ex-
tra compensation shall be paid if such officers or employees have been
ordered to report for duty and have so reported, whether the actual
inspection of the vessel or her equipment, or the supplying, or signing
on, or discharging crews takes place or not: And provided further,
That in those ports where customary working hours are other than
those hereinabove mentioned, the Coast Guard officials or collectors
of customs, as the case may be, are vested with authority to regulate
the hours of such employees so as to agree with prevailing working
hours in said ports, but nothing contained in this proviso shall be
construed in any manner to alter the length of a working day for the
Coast Guard officials or customs officers and employees, or the over-
time pay herein fixed.
Punishment for certifying falsely
46 U.S.C. 403 (R.S. 4425)

Every inspector who willfully certifies falsely touching any steam
vessel, as to her hull, accommodations, boilers, engines, machinery, or
other appurtenances, or any of her equipments, or any matter or
thing contained in any certificate signed and sworn to by him, shall
be punished by fine of not more than $500, or imprisonment for not
more than six months, or both.
Unauthorized fees for inspection of vessels
18 U.S.C. 1912

Whoever, being an officer, employee, or agent of the United States or any agency thereof, engaged in inspection of vessels, upon any pretense, receives any fee or reward for his services, except what is allowed to him by law, shall be fined not more than $500 or imprisoned not more than six months, or both; and shall forfeit his office.

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Officers to assist in examinations; dismissal of official disclosing

source of information 46 U.S.C. 234 (R.S. 4448)

No Coast Guard official receiving information from a licensed officer who is employed on any vessel as to the defects in such vessel, or her equipments, boilers, or machinery, or that any provision of title 52 of the Revised Statutes is being violated, shall impart the name of such licensed officer, or the source of his information to any person other than his superiors in the Coast Guard. Any Coast Guard official violating this provision shall be subject to dismissal from the service. Penalties under laws relating to vessels; informers' rights; man

ner of ascertaining facts 46 U.S.C. 7 (R.S. 5294)

The Commandant of the Coast Guard or the Commissioner of Customs, as the case may be, may, upon application therefor, remit or mitigate any fine, penalty, or forfeiture provided for in laws relating to vessels or discontinue any prosecution to recover penalties or relating to forfeitures denounced in such laws, excepting the penalty of imprisonment or of removal from office, upon such terms as he, in his discretion, shall think proper; and all rights granted to informers by such laws shall be held subject to the Commandant's or Commissioner's powers of remission, except in cases where the claims of any informer to the share of any penalty shall have been determined by a court of competent jurisdiction prior to the application for the remission of the penalty or forfeiture; and the Commandant or Commissioner shall have authority to ascertain the facts upon all such applications in such manner and under such regulations as he may deem proper. Refunding of penalties under laws relating to vessels or seamen 46 U.S.C. 8

Whenever any fine, penalty, forfeiture, exaction, or charge arising under the laws relating to vessels or seamen has been paid to any collector of customs, or Coast Guard official, or consular officer, and application has been made within one year from such payment for the refunding or remission of the same, the Commandant of the Coast Guard or the Commissioner of Customs, as the case may be, if on investigation he finds that such fine, penalty, forfeiture, exaction, or charge was illegally, improperly, or excessively imposed, shall have the power, either before or after the same has been covered into the Treasury, to refund so much of such fine, penalty, forfeiture, exaction, or charge as he may think proper, from any moneys in the Treasury not otherwise appropriated.

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ADMINISTRATIVE PROCEDURE ACT Definitions 5 U.S.C. 1001

As used in this chapter(a) Agency.-"Agency” means each authority (whether or not within or subject to review by another agency) of the Government of the United States other than Congress, the courts, or the governments of the possessions, Territories, or the District of Columbia. Nothing in this chapter shall be construed to repeal delegations of authority as provided by law. Except as to the requirements of section 1002 of this title there shall be excluded from the operation of this chapter (1) agencies composed of representatives of the parties or of representatives of organizations of the parties to the disputes determined by them, (2) courts martial and military commissions, (3) military or naval authority exercised in the field in time of war or in occupied territory, or (4) functions which by law expire on the termination of present hostilities, within any fixed period thereafter, or before July 1, 1947, and the functions conferred by the following statutes: Selective Training and Service Act of 1940; Housing and Rent Act of 1947, as amended; Contract Settlement Act of 1944; Surplus Property Act of 1944; Sugar Control Extension Act of 1947; and the Veterans' Emergency Housing Act of 1946.

(b) Person and party.-“Person” includes individuals, partnerships, corporations, associations, or public or private organizations of any character other than agencies. “Party” includes any person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in any agency proceeding; but nothing herein shall be construed to prevent an agency from admitting any person or agency as a party for limited purposes.

(c) Rule and rule making.–“Rule” means the whole or any part of any agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or to describe the organization, procedure, or practice requirements of any agency and includes the approval or prescription for the future of rates, wages, corporate or financial structures or reorganizations thereof, prices, facilities, appliances, services or allowances therefor or of valuations, costs, or accounting, or practices bearing upon any of the foregoing. “Rule making” means agency process for the formulation, amendment, or repeal of a rule.

(d) Order and adjudication.—“Order" means the whole or any part of the final disposition (whether affirmative, negative, injunctive, or declaratory in form) of any agency in any matter other than rule making but including licensing. "Adjudication” means agency process for the formulation of an order.

(e) License and licensing.–“License” includes the whole or part of any agency permit, certificate, approval, registration, charter, membership, statutory exemption or other form of permission. “Licensing" includes agency process respecting the grant, renewal, denial, revocation, suspension, annulment, withdrawal, limitation amendment, modification, or conditioning of a license.

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