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EXECUTIVE ORDER NO. 10402

Ex. Ord. No. 10402, Oct. 31, 1952, 17 F.R. 9917, which enforced the Convention for Safety of Life at Sea, 1948, was superseded, to the extent that the International Convention for Safety of Life at Sea signed at London on June 17, 1960, replaced and abrogated the International Convention for Safety of Life at Sea signed at London on June 10, 1948, by Ex. Ord. No. 11239, July 31, 1965, 30 F.R. 9671, set out as a note under section 1051 of this title.

PRELIMINARY AND DEFINITIONS

§ 144. Repealed. Pub. L. 88-131, §3, Sept. 4, 1963, 77 Stat. 194.

Section, act Oct. 11, 1951, ch. 495, § 6, Part A, 65 Stat. 408, related to the applicability of sections 144 to 147d, provided that rules concerning lights be complied with from sunset to sunrise, and defined terms used in sections 145 to 147d, and is now covered by section 1051 of this title.

EFFECTIVE DATE OF REPEAL

Section repealed effective Sept. 1, 1965, see Proc. No. 3632, Dec. 29, 1964, 29 F.R. 19167, and section 3 of Pub. L. 88-131, both set out as notes under section 1051 of this title.

§§ 145 to 145n. Repealed. Pub. L. 88–131, § 3, Sept. 24, 1963, 77 Stat. 194.

LIGHTS AND SHAPES

Sections were from act Oct. 11, 1951, ch. 495, § 6, Part B, 65 Stat. 408-417.

Section 145 related to lights of power-driven vessels under way and of seaplanes under way on the water, and is now covered by section 1062 of this title.

Section 145a related to lights of vessel or seaplane towing or pushing other vessels or seaplanes, and is now covered by section 1063 of this title.

Section 145b related to lights and day signals of vessel not under command and of vessels engaged in specified operations, and is now covered by section 1064 of this title.

Section 145c related to lights of sailing vessel under way and of vessel or seaplane in tow and of vessels being pushed ahead, and is now covered by section 1065 of this title.

Section 145d related to lights of small vessel in bad weather, and is now covered by section 1066 of this title. Section 145e related to substitute lights for small vessel and rowing boats, and is now covered by section 1067 of this title.

Section 145f related to lights of pilot vessel on and off duty and is now covered by section 1068 of this title.

Section 145g, amended by act June 26, 1953, ch. 155, § 1, 67 Stat. 83, related to lights and day signals of fishing vessels, and is now covered by section 1069 of this title. Section 145h related to stern and tail lights, and is now covered by section 1070 of this title.

Section 1451, amended by act June 26, 1953, ch. 155, § 2, 67 Stat. 83, related to lights on vessels or seaplanes at anchor or aground, and is now covered by section 1071 of this title.

Section 145j related to additional lights and signals when necessary, and is now covered by section 1072 of this title.

Section 145k related to special lights for ships of war, for vessels sailing under convoy and for seaplanes on the water, recognition signals adopted by shipowners, and lights of naval and military vessels and seaplanes of special construction, and is now covered by section 1073 of this title.

Section 1451 related to day signal of steam vessel under sail, and is now covered by section 1074 of this Title. Section 145m related to sound signals under conditions of restricted visibility, and is now covered by section 1076 of this title.

Section 145n related to speed in weather restricting visibility, and is now covered by section 1077 of this title. EFFECTIVE DATE OF REPEAL

Sections repealed effective Sept. 1, 1965, see Proc. No. 3632, Dec. 29, 1964, 29 F.R. 19167, and section 3 of Pub. L.

88-131, both set out as notes under section 1051 of this title. STEERING AND SAILING

SS 146 to 146k. Repealed. Pub. L. 88-131, §3, Sept. 24, 1963, 77 Stat. 194.

Sections were from act Oct. 11, 1951, Ch. 495, Part C, 65 Stat. 417-419.

Section 146 provided methods of obeying and construing sections 146-146K, suggestion for ascertainment of risk of collision, and advice concerning the operation of seaplanes, and is now covered by section 1078 of this title.

Section 146a related to sailing vessels approaching one another, and is now covered by section 1079 of this title.

Section 146b related to power-driven vessels meeting end on, and is now covered by section 1080 of this title. Section 146c related to power-driven vessels crossing, and is now covered by section 1081 of this title. Section 146d related to vessels or seaplanes meeting, and is now covered by section 1082 of this title.

Section 146e related to the course of vessels having the right of way, and the duty in aiding to avert collision, and is now covered by section 1083 of this title.

Section 146f related to crossing ahead of vessel having right of way, and is now covered by section 1084 of this title.

Section 146g related to duty of power-driven vessel to slacken speed, and is now covered by section 1085 of this title.

Section 146h provided that overtaking vessel keep out of the way of the overtaken vessel, defined "overtaken vessel", and is now covered by section 1086 of this title. Section 1461 related to power-driven vessels in narrow channels and in nearing bends in a channel, and is now covered by section 1087 of this title.

Section 146] related to right of way of fishing vessels, and obstruction of fairways, and is now covered by section 1088 of this title.

Section 146k related to special circumstances requiring departure from rules, and is now covered by section 1089 of this title.

EFFECTIVE DATE OF REPEAL

Sections repealed effective Sept. 1, 1965, see Proc. No. 3632, Dec. 29, 1964, 29 F.R. 19167, and section 3 of Pub. L. 88-131, both set out as notes under section 1051 of this title.

MISCELLANEOUS RULES

§§ 147 to 147d. Repealed. Pub. L. 88-131, §3, Sept. 24, 1963, 77 Stat. 194.

Sections were from act Oct. 11, 1951, ch. 495, § 6, Part D, 65 Stat. 419-420.

Section 147 related to sound signals of vessels indicating course, and is now covered by section 1090 of this title. Section 147a related to additional precautions, and is now covered by section 1091 of this title.

Section 147b related to local rules for harbors and inland waters, and is now covered by section 1092 of this title.

Section 147c related to distress signals, and is now covered by section 1093 of this title.

Section 147d related to orders to helmsmen, and has been omitted.

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with lighthouses, light vessels, buoys, or coast objects, the lines dividing the high seas from rivers, harbors, and inland waters. (Feb. 19, 1895, ch. 102, § 2, 28 Stat. 672; Feb. 14, 1903, ch. 552, § 10, 32 Stat. 829; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F. R. 7875, 60 Stat. 1097.)

CHANGE OF NAME

The Secretary of Commerce and Labor was designated the Secretary of Commerce by act Mar. 4, 1913, creating the Department of Labor.

TRANSFER OF FUNCTIONS

"Commandant of the Coast Guard" was substituted for "Secretary of Commerce" on authority of 1946 Reorg. Plan No. 3, set out in the Appendix to Title 5, Government Organization and Employees.

The duty imposed upon the Secretary of the Treasury by this section was transferred to the Secretary of Commerce and Labor by act Feb. 14, 1903.

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 offices and officers of the Department of the Treasury were transferred to the Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation. See section 1655 (b) of Title 49, Transportation.

All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of such Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5. Such Plan excepted from the transfer the functions of the Coast Guard, and of the Commandant thereof, when the Coast Guard is operating as a part of the Navy under sections 1 and 3 of Title 14, Coast Guard.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 46 sections 88, 152, 224a, 367, 404, 672-1, 672c.

§ 152. Regulation of length of towlines.

The Commandant of the Coast Guard shall prepare regulations limiting the length of hawsers between towing vessels and seagoing barges in tow and the length of such tows within any of the inland waters of the United States designated and defined from time to time pursuant to section 151 of this title, and such regulations shall have the force of law. (May 28, 1908, ch. 212, § 14, 35 Stat. 428; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; June 30, 1932, ch. 314, §§ 501, 502, 47 Stat. 415; May 27, 1936, ch. 463, § 1, 49 Stat. 1380; 1939 Reorg. Plan No. II, § 2 (a), eff. July 1, 1939, 4 F. R. 2731, 53 Stat. 1432; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F. R. 7875, 60 Stat. 1097; Aug. 4, 1949, ch. 393, §§ 1, 20, 63 Stat. 496, 561.)

AMENDMENTS 1949-Act Aug. 4, 1949, § 1, reestablished the Coast Guard.

EFFECTIVE DATE OF 1949 AMENDMENT Amendment of section by act Aug. 4, 1949, effective the first day of the third month after the month of approval, August 1949, see note set out preceding chapter 1 of Title 14, Coast Guard.

REPEALS

Act Aug. 4, 1949, § 20, repealed act June 17, 1910, ch. 301, §§ 4, 6, 36 Stat. 537, 538, formerly credited to section.

TRANSFER OF FUNCTIONS

Functions of the Secretary of Commerce and Director of the Bureau of Marine Inspection and Navigation under this section were transferred to the Commandant of the Coast Guard by 1946 Reorg. Plan No. 3, set out in the Appendix to Title 5, Government Organization and Employees.

1939 Reorg. Plan No. II, transferred the Bureau of Lighthouses to the Coast Guard, and provided that it should be consolidated with and administered as part of the Coast Guard.

Bureau of Marine Inspection and Navigation was the designation given to the Bureau of Navigation and Steamboat Inspection by act May 27, 1936.

The Steamboat Inspection Service and the Bureau of Navigation were consolidated into the Bureau of Navigation and Steamboat Inspection to be under the direction of a chief of bureau by act June 30, 1932, § 501.

The "Director" of the Bureau of Navigation and Steamboat Inspection was the designation given to the chief of such Bureau by the Secretary of Commerce under act June 30, 1932, § 502(b).

The Supervising Inspector General of the former Steamboat Inspection Service and the Commissioner of Navigation of the former Bureau of Navigation were affected by the Secretary's authority to retain or dismiss officers and employees upon consolidation of the bureaus under act June 30, 1932, § 502(b).

The Secretary of Commerce and Labor was designated the Secretary of Commerce by act Mar. 4, 1913, creating the Department of Labor.

"Commissioner of Lighthouses" was substituted for "Chairman of the Light-House Board" on authority of sections 4 and 6 of act June 17, 1910, ch. 301, 36 Stat. 537, 538, which established in the Department of Commerce a Bureau of Lighthouses with a Commissioner of Lighthouses as its head, and transferred the duties of the Lighthouse Board to such Commissioner. Said sections 4 and 6 were repealed by act Aug. 4, 1949, § 20.

Section as originally enacted had provided that the Chairman of the Light House, the Supervising Inspector General of the Steamboat Inspection Service and the Commissioner of Navigation should convene as a board to prepare the regulations, referred to in the text, which should be approved by the Secretary of Commerce and Labor.

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 offices and officers of the Department of the Treasury were transferred to the Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation. See section 1655 (b) of Title 49, Transportation.

All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of such Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5. Such Plan excepted, from the transfer, the functions of the Coast Guard, and of the Commandant thereof, when the Coast Guard is operating as a part of the Navy under sections 1 and 3 of Title 14, Coast Guard.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 153 of this title.

§ 153. Penalty for use of unlawful towline.

The master of the towing vessel shall be liable to the suspension or revocation of his license for any willful violation of regulations issued pursuant to section 152 of this title in the manner prescribed for incompetency, misconduct, or unskillfulness. (May 28, 1908, ch. 212, § 15, 35 Stat. 429.)

CROSS REFERENCES

Suspension or revocation of master's license, see section 226 of Title 46, Shipping.

§ 154. Adoption of rules for navigation of harbors, rivers, and inland waters.

The following regulations for preventing collisions shall be followed by all vessels upon the harbors, rivers, and other inland waters of the United States except the Great Lakes and their connecting and tributary waters as far east as Montreal, and the waters of the Mississippi River between its source and the Huey P. Long Bridge and all of its tributaries emptying thereinto and their tributaries, and that part of the Atchafalaya River above its junction with the Plaquemine-Morgan City alternate waterway, and the Red River of the North, and are declared special rules duly made by local authority. (June 7, 1887, ch. 4, § 1, 30 Stat. 96; May 21, 1948, ch. 328, § 1, 62 Stat. 249; Aug. 8, 1953, ch. 386, § 1, 67 Stat. 497.)

CODIFICATION

This was the first paragraph of section 1 of act June 7, 1897. A preamble preceding the enacting clause thereof, was as follows:

"Whereas the provisions of chapter eight hundred and two of the laws of eighteen hundred and ninety, and the amendments thereto, adopting regulations for preventing collisions at sea, apply to all waters of the United States connected with the high seas navigable by sea-going vessels, except so far as the navigation of any harbor, river, or inland waters is regulated by special rules duly made by local authority; and

"Whereas it is desirable that the regulations relating to the navigation of all harbors, rivers, and inland waters of the United States, except the Great Lakes and their connecting and tributary waters as far east as Montreal and the Red River of the North and rivers emptying into the Gulf of Mexico and their tributaries, shall be stated in one Act: Therefore."

Act Aug. 19, 1890, ch. 802, mentioned in this preamble, adopting the International Rules for preventing collisions at sea, and was set forth as section 61 et seq. of this title, was repealed by act Oct. 11, 1951, ch. 495, § 5, 65 Stat. 407, eff. Jan. 1, 1954, and is now covered by section 1051 et seq. of this title.

Further paragraphs of act June 7, 1897, § 1, containing definitions, etc., and articles 1-3, 5-31, thereof, containing the rules prescribed, are set forth as sections 155, 156, and 171 to 231 of this title. No article numbered 4 was contained in said act June 7, 1897.

Sections 2 to 4 of act June 7, 1897, containing further provisions, constitute sections 157 to 159 of this title.

AMENDMENTS

1953-Act Aug. 8, 1953, made section applicable to the Mobile River and its tributaries.

1948-Act May 21, 1948, limited application of the Western River Rules to the Mississippi River system above the Huey Long Bridge in New Orleans and the Warrior River system in Alabama, and transferred the Mississippi below the Huey Long Bridge and various other rivers in the Gulf area to the jurisdiction of the Inland Rules.

EFFECTIVE DATE OF 1948 AMENDMENT Section effective Jan. 1, 1949, see note set out under section 301 of this title.

EFFECTIVE DATE Section 6 of act June 7, 1897, provided that such act shall take effect four months from June 7, 1897.

REPEALS

Section 5 of act June 7, 1897, read as follows: "Sections forty-two hundred and thirty-three and forty-four hundred and twelve (with the regulations made in pursuance thereof, except the rules and regulations for the government of pilots of steamers navigating the Red River of the North and rivers emptying into the Gulf of Mexico and their tributaries, and except the rules for the Great Lakes and their connecting and tributary waters as far east as Montreal), and forty-four hundred and thirteen of the Revised Statutes of the United States, and chapter

two hundred and two of the laws of eighteen hundred and ninety-three, and sections one and three of chapter one hundred and two of the laws of eighteen hundred and ninety-five, and sections five, twelve, and thirteen of the Act approved March third, eighteen hundred and ninety-seven, entitled "An Act to amend the laws relating to navigation," and all amendments thereto, are hereby repealed so far as the harbors, rivers, and inland waters aforesaid (except the Great Lakes and their connecting and tributary waters as far east as Montreal and the Red River of the North and rivers emptying into the Gulf of Mexico, and their tributaries) are concerned."

The acts partially repealed by section 5 of Act June 7, 1897, were as follows:

R. S. § 4233 (set forth in chapter 5 of this title) establishing rules for preventing collisions on the water; R. S. § 4412 (paragraph 1 of former sec. 381 of Title 46, Shipping), authorizing the board of supervising inspectors to establish regulations for steam-vessels; R. S. § 4413 (paragraph 2 of former sec. 381, Title 46), providing a penalty for a violation of such regulations; Act March 3, 1893, ch. 202, amending R.S. § 4233; act Feb. 19, 1895, ch. 102, adopting R.S. § 4233 as the special rules for the navigation of harbors, rivers, and inland waters; and act March 3, 1897, ch. 389, §§ 5, 12, 13, amending R.S. § 4233.

PRIOR LAW

The rules for preventing collision prescribed by R. S. § 4233 to be followed by vessels of the Navy and mercantile marine of the United States, applicable originally to all waters, were superseded as to navigation on the high seas and waters connected therewith by the International Rules (act Aug. 19, 1890, ch. 802 [former sec. 61 et seq.]), were superseded as to navigation on the Great Lakes and their connecting and tributary waters as far east as Montreal, by act Feb. 8, 1895, ch. 64 (chapter 4 of this title); were adopted as special rules for the navigation of harbors, rivers, and inland waters of the United States, except the Great Lakes and their connecting and tributary waters as far east as Montreal by act of Feb. 19, 1895, ch. 102 (see historical note to section 301 of this title); and were superseded by act June 7, 1897, ch. 4, as to navigation of all harbors, rivers, and inland waters of the United States except as specified in this paragraph, leaving them applicable solely to the Red River of the North and the rivers emptying into the Gulf of Mexico and their tributaries (see chapter 5 of this title).

CROSS REFERENCES

Motorboats exempt from carrying copies of pilot rules. see section 526k of Title 46, Shipping.

Navy and Coast Guard vessels exempt from compliance with this section, see section 356 of this title. Similar rules

International rules for navigation at sea, see section 1051 of this title.

Navigation rules for Great Lakes and their connection and tributary waters, see section 241 of this title.

Navigation rules for Red River of the North and rivers emptying into Gulf of Mexico and tributaries, see section 301 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 157, 356 of this title.

§ 155. "Sailing vessel," "steam vessel," and "under way" defined.

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. (June 7, 1897, ch. 4, § 1, 30 Stat. 96.)

Similar rules

CROSS REFERENCES

International rules for navigation at sea, see section 1061 of this title.

Navigation rules for Great Lakes and their connecting and tributary waters, see section 242 of this title.

Navigation rules for Red River of the North and rivers emptying into Gulf of Mexico and tributaries, see section 302 of this title.

§ 156. "Visible" as applied to lights defined.

The word "visible" in these rules, when applied to lights, shall mean visible on a dark night with a clear atmosphere. (June 7, 1897, ch. 4, § 1, 30 Stat. 96.)

CROSS REFERENCES

Rules concerning lights, see section 171 et seq. of this title.

Similar rules

International rules for navigation at sea, see section 1061 of this title.

Navigation rules for Great Lakes and their connecting and tributary waters, see section 251 of this title.

Navigation rules for Red River of the North and rivers emptying into Gulf of Mexico and tributaries, see section 302 of this title.

§ 157. Special rules authorized; publication; hearings. (a) The Secretary of the Department in which the Coast Guard is operating shall establish such rules to be observed, on the waters described in section 154 of this title, by steam vessels in passing each other and as to the lights and day signals to be carried on such waters by ferryboats, by vessels and craft of all types when in tow of steam vessels or operating by hand power or horsepower or drifting with the current, and by any other vessels not otherwise provided for, not inconsistent with the provisions of this chapter, as he from time to time may deem necessary for safety, which rules are declared special rules duly made by local authority. A pamphlet containing such chapter and regulations shall be furnished to all vessels and craft subject to this chapter. On vessels and craft over sixty-five feet in length the pamphlet shall, where practicable, be kept on board and available for ready reference.

(b) Except in an emergency, before any rules or any alteration, amendment, or repeal thereof, are established by the Secretary under the provisions of this section, the said Secretary shall publish the proposed rules, alterations, amendments, or repeals, and public hearings shall be held with respect thereto on such notice as the Secretary deems reasonable under the circumstances. (June 7, 1897, ch. 4, § 2, 30 Stat. 102; May 25, 1914, ch. 98, 38 Stat. 381; June 30, 1932, ch. 314, §§ 501, 502 (b), 47 Stat. 415; May 27, 1936, ch. 463, § 1, 49 Stat. 1380; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F. R. 7875, 60 Stat. 1097; May 21, 1948, ch. 328, § 3. 62 Stat. 249; Aug. 14, 1958, Pub. L. 85-656, § 1, 72 Stat. 612.)

AMENDMENTS

1958 Subsec. (a). Pub. L. 85-656 substituted "Secretary of the Department in which the Coast Guard 1s operating" for "Commandant of the United States Coast Guard", authorized establishment of rules for day signals, eliminated provisions requiring posting of copies of the

rules in a conspicuous place, and inserted provisions requiring, where practicable, every vessel and craft over 65 feet in length to keep a pamphlet on board and available for ready reference.

Subsec. (b). Pub. L. 85-656 substituted "Secretary" for "Commandant of the United States Coast Guard" and "Commandant", and eliminated provisions which required the hearing to be held before the Coast Guard Merchant Marine Council.

1948-Act May 21, 1948, designated existing provisions thereof as subsec. (a), transferred by Congressional enactment the functions of the Secretary of Commerce, the Director of the Bureau of Marine Inspection and Navigation, and the supervising inspectors to the Commandant of the Coast Guard which had been previously transferred to him by 1946 Reorg. Plan No. 3, set out in a note under section 1 of Title 46, Shipping, and added subsec. (b).

1914 Act May 25, 1914, extended rule making authority "as to the lights and day signals to be carried by vessels, dredges of all types, and vessels working on wrecks or other obstruction to navigation or moored for submarine operations, or made fast to a sunken object which may drift with the tide or be towed"; substituted "Secretary of Commerce" for "Secretary of the Treasury"; furnished copies of the rules to "barges, dredges, canal boats, vessels working on wrecks"; and required the posting thereof on "barges, dredges, and boats".

EFFECTIVE DATE OF 1948 AMENDMENT Section effective Jan. 1, 1949, see note set out under section 301 of this title.

TRANSFER OF FUNCTIONS

Functions of the Secretary of Commerce, the Director of the Bureau of Marine Inspection and Navigation and the supervising inspectors of steam vessels under this section were transferred to the Commandant of the Coast Guard by 1946 Reorg. Plan No. 3, set out in the Appendix to Title 5, Government Organization and Employees.

Bureau of Marine Inspection and Navigation was the designation given to the Bureau of Navigation and Steamboat Inspection by act May 27, 1936.

"Director of Bureau of Navigation and Steamboat Inspection" (into which Steamboat Inspection Service and Bureau of Navigation were consolidated) was substituted for "Supervising Inspector General" on authority of act June 30, 1932, §§ 501, 502 (b).

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 offices and officers of the Department of the Treasury were transferred to the Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation. See section 1655 (b) of Title 49, Transportation.

All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of such Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5. Such Plan excepted, from the transfer, the functions of the Coast Guard, and of the Commandant thereof, when the Coast Guard is operating as a part of the Navy under sections 1 and 3 of Title 14, Coast Guard.

CROSS REFERENCES

Navy and Coast Guard vessels exempt from compliance with this section, see section 356 of this title. Similar rules

Navigation rules for Great Lakes and their connecting and tributary waters, see section 243 of this title.

Navigation rules for Red River of the North and rivers emptying into Gulf of Mexico and tributaries, see section 353 of this title.

Steam vessels approaching, meeting, passing or crossing one another, see sections 203 and 204 of this title.

§ 157a. Regulations for navigation or operation under bridges over navigable waters.

(a) Lights, signals, and other navigational means and appliances; departure from rules.

The Secretary of the Department in which the Coast Guard is operating may permit vessels desiring to navigate or operate under bridges constructed over navigable waters of the United States to temporarily lower any lights, day signals, or other navigational means and appliances prescribed or required pursuant to law, rule, or regulation, and, if necessary, may authorize vessels so navigating or operating to depart from the rules to prevent collisions as prescribed by law, rule, or regulation. The Secretary of the Department in which the Coast Guard is operating may also prescribe such special regulations to be observed by vessels so navigating or operating as in his judgment the public safety may require for the prevention of collisions. (b) Publication of notice of regulations.

Notice of the regulations to accomplish the purposes of this section shall be published in the Federal Register and in the Notice to Mariners, and after the effective date specified in such notices, such regulations shall have the force of law.

(c) Penalties.

Any person who navigates or operates a vessel in violation of the regulations established pursuant to this section shall be liable to a penalty not exceeding $500. In addition, any vessel navigated or operated in violation of the regulations established pursuant to this section shall be liable to a penalty of $500, for which sum such vessel may be seized and proceeded against, by way of libel, in the district court of the United States for any district within which such vessel may be found. (Pub. L. 88-163, Oct. 30, 1963, 77 Stat. 281.)

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 offices and officers of the Department of the Treasury were transferred to the Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation. See section 1655 (b) of Title 49, Transportation.

§ 158. Penalty for violations by pilot, engineer, mate,

or master.

Every licensed and unlicensed pilot, engineer, mate, or master of any vessel who violates the provisions of this chapter or the regulations established pursuant hereto shall be liable to a penalty of not exceeding $500, and for all damages sustained by any passenger, in his person or baggage, as a result of such violation: Provided, That nothing herein shall relieve any vessel, owner, or corporation from any liability incurred by reason of such violation. (June 7, 1897, ch. 4, § 3, 30 Stat. 102; May 21, 1948, ch. 328, § 3, 62 Stat. 249; Aug. 14, 1958, Pub. L. 85-656, § 1, 72 Stat. 612.)

CODIFICATION

See notes to first paragraph of section 1 of act June 7, 1897 (section 154 of this title).

AMENDMENTS

1958-Pub. L. 85-656 included violations by both 11censed and unlicensed pilots, engineers, mates, or masters,

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