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proves the vessel and her equipment throughout, he shall make and subscribe a certificate to that effect. He shall deliver such certificate to the master or owner of the vessel to which it relates, shall keep one copy thereof on file in his office, and shall deliver one copy to the official who is performing the duties of the collector or other chief officer of the customs of the district in which such inspection has been made, who shall keep the same on file in his office. If the Secretary refuses to grant a certificate of approval, he shall make a statement in writing and sign the same, giving the reasons for his disapproval. Upon such inspection and approval the Secretary shall also make and subscribe a temporary certificate, which shall set forth substantially the fact of such inspection and approval, and shall deliver the same to the master or owner of the vessel and shall keep a copy thereof on file in his office. The said temporary certificate shall be carried and exposed by vessels in the same manner as is provided in section 400 of this title for the regular certificate, and the form thereof and the period during which it is to be in force shall be as prescribed under the authority of section 375 of this title. And such temporary certificate, during such period and prior to the delivery to the master or owner of the regular certificate, shall take the place of and be a substitute for the regular certificate of inspection, as required by this section and by section 404 of this title, and for the purposes of said sections. Such temporary certificate shall also be subject to revocation in the manner and under the conditions provided in section 435 of this title. No vessel required to be inspected under the provisions of title 52 of the Revised Statutes shall be navigated without having on board an unexpired regular certificate of such inspection or such temporary certificate: Provided, however, That any such vessel operated upon a regularly established line from a port of the United States to a port of a foreign country not contiguous to the United States whose certificate of inspection expires at sea or while said vessel is in a foreign port or a port of Hawaii may lawfully complete her voyage without the regular certificate of inspection or the temporary certificate required by this section, and no liability for penalties imposed by title 52 of the Revised Statutes for want of such certificate shall be incurred until her voyage shall have been completed: Provided, That said voyage shall be so completed within thirty days after the expiration of said certificate or temporary certificate: Provided further, That no such vessel whose certificate of inspection shall expire within fifteen days of the date of her sailing shall proceed upon her voyage to such port of a foreign country not contiguous to the United States without first having procured a new certificate of inspection or the temporary certificate required by this section. Placing of certificate for observation by passengers 46 U.S.C. 400 (R.S. 4423)
The original certificate of inspection delivered to the master or owner of a steam vessel shall be placed by such master or owner in a conspicuous place in the vessel where it will be most likely to be observed by passengers and others, and there kept at all times, framed under glass, as evidence of the authority thereby conferred: Provided however, That where it is not practicable to so expose said certificate, it shall be carried in the vessel in such manner as shall be prescribed by the regulations established by the Commandant of the Coast Guard. Registry or enrollment denied to vessels not complying with
law 46 U.S.C. 496 (R.S. 4498)
A register, enrollment, or license shall not be granted, or other papers be issued by any collector or other chief officer of customs to any vessel subject by law to inspection under title 52 of the Revised Statutes until all the provisions of such title applicable to such vessel have been fully complied with and until the copy of the certificate of inspection required by such title for such vessel has been filed with said collector or other chief officer of customs: Provided, That the license granted to any vessel, if presented to any collector of customs at any time within thirty calendar days prior to the date of expiration shown thereon, may be renewed by the endorsement by the collector of customs for a period of one year from the date of expiration shown on the license, if there be on file in the office of the collector at that time a copy of the certificate of inspection required by title 52 of the Revised Statutes, which is in force on the date renewal is made. Duties of customs officers 46 U.S.C. 494 (R.S. 4496)
All collectors, or other chief officers of the customs and all inspectors within the several districts, shall enforce the provisions of title 52 of the Revised Statutes against all steamers arriving and departing Penalty for omission of duty by customs officers 46 U.S.C. 495 (R.S. 4497)
Every collector, or other chief officer of the customs, or inspector, who negligently, or intentionally omits any duty under the preceding section, shall be liable to removal from office, and to a penalty of $100 for each offense, to be sued for in an action of debt. Penalty for failure to comply with provisions 46 U.S.C. 497 (R.S. 4499)
If any vessel propelled in whole or in part by steam be navigated without complying with the terms of title 52 of the Revised Statutes, the owner shall be liable to the United States in a penalty of $500 for each offense, one-half for the use of the informer, for which sum the vessel so navigated 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 offense. Persons or corporations chartering or engaging or contracting for the use of vessels subject to title 52 of the Revised Statutes under such terms and conditions that they have full and exclusive control of the management and operation of such vessels, shall be subject to the same penalties for violations of the provisions of title 52 of the Revised Statutes as are now imposed upon owners of vessels thereunder, and in such cases the owners shall not be liable to such penalties for such violations by such charterers or contractors. Penalty in cases not provided for 46 U.S.C. 498 (R.S. 4500)
The penalty for the violation of any provision of title 52 of the Revised Statutes not otherwise specially provided for, shall be a fine of $500, recoverable one-half for the use of the informer. Emergency foreign vessel acquisition; documentation of vessels;
waiver of compliance 50 U.S.C. 198
(a) Any vessel not documented under the laws of the United States, acquired by or made available to the Secretary of Commerce under sections 196–198 of this title, or otherwise, may, notwithstanding any other provision of law, in the discretion of the Secretary of the Treasury be documented as a vessel of the United States under such rules and regulations or orders, and with such limitations, as the Secretary of the Treasury may prescribe or issue as necessary or appropriate to carry out the purposes and provisions of sections 196–198 of this title, and in accordance with the provisions of subsection (c) of this section, engage in the coastwise trade when so documented. Any document issued to a vessel under the provisions of this subsection shall be surrendered at any time that such surrender may be ordered by the Secretary of the Treasury. No vessel, the surrender of the documents of which has been so ordered, shall, after the effective date of such order, have the status of a vessel of the United States unless documented anew.
(b) The President may, notwithstanding any other provisions of law, by rules and regulations or orders, waive compliance with any provision of law relating to masters, officers, members of the crew, or crew accommodations on any vessel documented under authority of this section to such extent and upon such terms as he finds necessary because of the lack of physical facilities on such vessels, and because of the need to employ aliens for their operation. No vessel shall cease to enjoy the benefits and privileges of a vessel of the United States by reason of the employment of any person in accordance with the provisions of this subsection.
(c) Any vessel while documented under the provisions of this section, when chartered under sections 196–198 of this title by the Secretary of Commerce to Government agencies or departments or to private operators, may engage in the coast wise trade under permits issued by the Secretary of Commerce, who is authorized to issue permits for such purpose pursuant to such rules and regulations as he may prescribe. The Secretary of Commerce is authorized to prescribe such rules and regulations as he may deem necessary or appropriate to carry out the purposes and provisions of this section. The second paragraph of section 808 of title 46, shall not apply with respect to vessels chartered to Government agencies or
departments or to private operators or otherwise used or disposed of under sections 196-198 of this title. Existing laws covering the inspection of steam vessels are made applicable to vessels documented under this section only to such extent and upon such conditions as may be required by regulations of the Secretary of the department in which the Coast Guard is operating: Provided, That in determining to what extent those laws should be made applicable, due consideration shall be given to the primary purpose of transporting commodities essential to the national defense.
(d) The Secretary of Commerce without regard to the provisions of section 5 of title 41 may repair, reconstruct, or recondition any vessels to be utilized under sections 196–198 of this title. The Secretary of Commerce and any other Government department or agency by which any vessel is acquired or chartered, or to which any vessel is transferred or made available under sections 196–198 of this title may, with the aid of any funds available and without regard to the provisions of said section 5 of title 41, repair, reconstruct, or recondition any such vessels to meet the needs of the services intended, or provide facilities for such repair, reconstruction, or reconditioning. The Secretary of Commerce may operate or charter for operation any vessel to be utilized under sections 196–198 of this title to private operators, citizens of the United States, or to any department or agency of the United States Government, without regard to the provisions of sections 1191–1204 of title 46, and any department or agency of the United States Government is authorized to enter into such charters.
(e) In case of any voyage of a vessel documented under the provisions of this section begun before the date of termination of an effective period of section 196 of this title, but is completed after such date, the provisions of this section shall continue in effect with respect to such vessel until such voyage is completed.
(f) When used in sections 196–198 of this title, the term "documented" means "registered," "enrolled and licensed," or "licensed."
Chapter III.-TRANSPORTATION OF PASSENGERS AND
Number of passengers allowable 46 U.S.C. 451 (R.S. 4464)
The Coast Guard officials shall state in every certificate of inspection granted to vessels carrying passengers, other than ferryboats, the number of passengers of each class that any such vessel has accommodation for and can carry with prudence and safety. They shall report their action to the Commandant of the Coast Guard, who may at any time order the number of such passengers decreased, giving his reasons therefor in writing, and thereupon the Coast Guard officials shall change the certificate of inspection of such vessel to conform with the decision of the Commandant of the Coast Guard. Whenever the allowance of passengers shall be increased by any Coast Guard officials such increase shall be reported to the Commandant of the Coast Guard, together with the reasons therefor, and such increase shall not become effective until the same has been approved in writing by the Commandant of the Coast Guard. Penalty for carrying too many passengers 46 U.S.C. 452 (R.S. 4465)
It shall not be lawful to take on board of any vessel a greater number of passengers than is stated in the certificate of inspection, and for every violation of this provision the master or owner shall be liable to any person suing for the same to forfeit the amount of passage money and $10 for each passenger beyond the number allowed.
The master or owner of the vessel, or either or any of them, who shall knowingly violate this provision shall be liable to a fine of not more than $100 or imprisonment of not more than thirty days, or both. Number of passengers cargo vessel may carry 46 U.S.C. 882
Cargo vessels documented under the laws of the United States may carry not to exceed sixteen persons in addition to the crew between any ports or places in the United States or its Districts, Territories, or possessions, or between any such port or place and any foreign port, or from any foreign port to another foreign port, and such vessels shall not be held to be "passenger vessels” or “vessels carrying passengers” within the meaning of the inspection laws and the rules and regulations thereunder: Provided, That nothing herein shall be taken to exempt such vessels from the laws, rules, and regulations respecting life-saving equipment: Provided further, That when any such vessel carries persons other than the crew as herein provided