(b) This subsection shall not apply to (i) vessels not exceeding fifteen gross tons when not engaged in carrying passengers for hire; (ii) vessels used exclusively for pleasure; (iii) vessels not exceeding five hundred gross tons while engaged in the fisheries; (iv) tugs or towing vessels: Provided, however, That any such vessel, when engaged in towing any vessel that has explosives, inflammable liquids, or inflammable compressed gases on board on deck, shall be required to make such provisions to guard against and extinguish fire as shall be prescribed by the Commandant of the Coast Guard; (v) cable vessels, dredges, elevator vessels, fire-boats, ice breakers, pile drivers, pilot boats, welding vessels, salvage and wrecking vessels; (vi) inflammable or combustible liquid cargo in bulk: Provided, however, That the handling and stowage of any inflammable or combustible liquid cargo in bulk shall be subject to provisions of section 391a of this title. REVISERS' NOTE Changes in phraseology are required. A descriptive listing of items to be included as "dangerous articles or substances" is left to regulation under section 5007(a)(1) of the revision. Revision's 5006. DISPOSITION § 170(7). Regulations for protection against hazards created by explosives or other dangerous articles. In order to secure effective provisions against the hazards of health, life, limb, or property created by explosives or other dangerous articles or substances to which subsections (3)–(5) or (6) of this section apply (a) The Commandant of the Coast Guard shall by regulations define, describe, name and classify all explosives or other dangerous articles or substances, and shall establish such regulations as may be necessary to make effective the provisions of this section with respect to the descriptive names, packing, marking, labeling, and certification of such explosives or other dangerous articles or substances; with respect to the specifications of containers for explosives or other dangerous articles or substances; with respect to the marking and labeling of said containers; and shall accept and adopt for the purposes above mentioned in this subsection such definitions, descriptions, descriptive names, classifications, specifications of containers, packing, marking, labeling, and certification of explosives or other dangerous articles or substances to the extent as are or may be established from time to time by the Interstate Commerce Commission insofar as they apply to shippers by common carriers engaged in interstate or foreign commerce by water. The Commandant of the Coast Guard shall also establish regulations with respect to the marking, handling, storage, stowage, and use of explosives or other dangerous articles or substances on board such vessels; with respect to the disposition of any explosives or other dangerous articles or substances found to be in an unsafe condition; with respect to the necessary shipping papers, manifests, cargo-stowage plans, and the description and descriptive names of explosives or other dangerous articles or substances to be entered in such shipping documents; also any other regulations for the safe transportation, carriage, conveyance, storage, stowage, or use of explosives or other dangerous articles or substances on board such vessels as the Commandant of the Coast Guard shall deem necessary; and with respect to the inspection of all the foregoing mentioned in this paragraph. The Commandant of the Coast Guard may utilize the services of the Bureau for the Safe Transportation of Explosives and Other Dangerous Articles, and of such other organizations whose services he may deem to be helpful. (b) The transportation, carriage, conveyance, storage, stowage, or use of such explosives or other dangerous articles, or substances shall be in accordance with the regulations so established, which shall, insofar as applicable to them, respectively, be binding upon shippers and the owners, charterers, agents, masters, or persons in charge of such vessels, and upon all other persons transporting, carrying, conveying, storing, stowing, or using on board any such vessels any explosives or other dangerous articles or substances: Provided, That this section shall not be construed to prevent the transportation of military or naval forces with their accompanying munitions of war and stores. (c) Nothing contained in this section shall be construed to relieve any vessel subject to the provisions of this section from any of the requirements of title 52 (secs. 4399 to 4500, inclusive) of the Revised Statutes or acts amendatory or supplementary thereto and regulations thereunder applicable to such vessel, which are not inconsistent herewith. (d) Nothing contained in this section shall be construed as preventing the enforcement of reasonable local regulations now in effect or hereafter adopted, which are not inconsistent or in conflct with this section or the regulations of the Commandant of the Coast Guard established hereunder. (e) The United States Coast Guard shall issue no permit or authorization for the loading or discharging to or from any vessel at any point or place in the United States, its territories or possessions (not including Panama Canal Zone) of any explosives unless such explosives, for which a permit is required by the regulations promulgated pursuant to this section, are packaged, marked, and labeled in conformity with regulations prescribed by the Interstate Commerce Commission under section 835 of title 18, and unless such permit or authorization specifies that the limits as to maximum quantity, isolation and remoteness established by local, municipal, territorial, or State authorities for each port shall not be exceeded. Nothing herein contained shall be deemed to limit or restrict the shipment, transportation, or handling of military explosives by the Armed Forces of the United States. REVISERS' NOTE The matter in paragraph (a) is itemized in the Revision. The last sentence being advisory and permissive is of little or no vitality and is not retained. Changes in phraselogy are required of paragraph (b). The proviso relating to military munitions is placed separately in the revision with the other category of exempted vessels. Paragraph (c) is unnecessary and is not retained. Changes in phraseology are required of paragraph (d). Changes in phraseology are required of paragraph (e). The last sentence relative to miiltary explosives is adequately covered by the exemption section 5002 of the Revision. DISPOSITION Paragraph (a) is covered by Revision's 5007. Paragraph (b) is covered by Revision's 5008 and 5002 (b). Paragraph (e) is covered by Revision's 5010. § 170(8). Masters, owners, etc., required to refuse unlawful transportation of explosives or other dangerous articles. Any master, owner, charterer, or agent shall refuse to transport any explosives or other dangerous articles or substances in violation of any provisions of this section and the regulations established thereunder, and may require that any container or package which he has reason to believe contains explosives or other dangerous articles or substances be opened to ascertain the facts. § 170(9). Publication of, hearings on, and effective date of proposed regulations. Before any regulations or any additions, alterations, amendments, or repeals thereof are made under the provisions of this section, except in an emergency, such proposed regulations shall be published and public hearings with respect thereto shall be held on such notice as the Commandant of the Coast Guard deems advisable under the circumstances. Any additions, alterations, amendments, or repeals of such regulations shall, unless a shorter time is authorized by the Commandant of the Coast Guard, take effect ninety days after their promulgation. REVISERS' NOTE This subsection has been superseded by the Administrative Procedures Act (5 U.S.C. 1003). Omitted. DISPOSITION § 170(10). Tendering explosives or other dangerous articles for shipment without divulging true character or in violation of section. It shall be unlawful knowingly to deliver or cause to be delivered, or tender for shipment to any vessel subject to this section any explosives or any other dangerous articles or substances defined in the regulations of the Commandant of the Coast Guard established hereunder under any false or deceptive descriptive name, marking, invoice, shipping paper, or other declaration and without informing the agent of such vessel in writing of the true character thereof at or before the time such delivery or transportation is made. It shall be unlawful for any person to tender for shipment, or ship on any vessel to which this section applies, any explosives or other dangerous articles or substances the transportation, carriage, conveyance, storage, stowage, or use of which on board vessels is prohibited by this section. § 170(11). Exemption of vessels from section or regulations when compliance unnecessary for safety. The Commandant of the Coast Guard may exempt any vessel or class of vessels from any of the provisions of this section or any regulations or parts thereof established hereunder upon a finding by him that the vessel, route, area of operations, conditions of the voyage, or other circumstances are such as to render the application of this section or any of the regulations established hereunder unnecessary for the purposes of safety: Provided, That except in an emergency such exception shall be made for any vessel or class of vessels only after a public hearing. § 170(12). Agencies charged with enforcement. The provisions of this section and the regulations established hereunder shall be enforced primarily by the Coast Guard of the Department of the Treasury; which with the consent of the head of any executive department, independent establishment, or other agency of the Government, may avail itself of the use of information, advice, services, facilities, officers, and employees thereof (including the field service) in carrying out the provisions of this section: Provided, That no officer or employee of the United States shall receive any additional compensation for such services, except as permitted by law. REVISERS' NOTE Provision of the "General" chapter of the revision relative to superintendence of the Merchant Marine, delegation of authority and the prohibition of fees cover the contents of this subsection. Omitted. DISPOSITION § 170(13). Detention of vessels pending compliance with section and regulations; penalty for false swearing. the Any collector of customs may, upon his own knowledge, or upon sworn information of any reputable citizen of the United States, that any vessel subject to this section is violating any of the provisions of this section or of the regulations established hereunder, by written order served on the master, person in charge of such vessel, or the owner or charterer thereof, or the agent of the owner or charterer, detain such vessel until such time as the provisions of this section and of the regulations established hereunder have been complied with. If the vessel be ordered detained, the master, person in charge, or owner or charterer, or the agent of the owner or charterer thereof, may within five days appeal to the Commandant of the Coast Guard, who may, after investigation, affirm, set aside, or modify the order of such col lector. If any reputable citizen of the United States furnishes sworn information to any collector of customs that any vessel, subject to this section, is violating any of the provisions of this section or of the regulations established hereunder, and such information is knowingly false, the person so falsely swearing shall be deemed guilty of perjury. REVISERS' NOTE The designation of the enforcing officials and the procedure for appeal are left to regulation. The last sentence relative to the furnishing of false sworn statements is adequately covered by 18 U.S.C. 1001. Changes in phraseology are required of the remaining portions. Revision's 5014. DISPOSITION § 170(14). Violation of section or regulations; penalty; liability of vessel. Whoever shall knowlingly violate any of the provisions of this section or of any regulations established under this section shall be subject to a penalty of not more than $2,000 for each violation. In the case of any such violation on the part of the owner, charterer, agent, master, or person in charge of the vessel, such vessel shall be liable for the penalty and may be seized and proceeded against by way of libel in the district court of the United States in any district in which such vessel may be found. REVISERS' NOTE Changes in phraseology are required. The last phrase of the second sentence relative to seizing and proceeding against a vessel is covered by Revision's 1006. Revision's 5018. DISPOSITION § 170(15). Same; increased penalty in event of personal injury or death. When the death or bodily injury of any person results from the violation of this section or any regulations made in pursuance thereof, the person or persons who shall have knowingly violated or caused to be violated such provisions or regulations shall be fined not more than $10,000 or imprisonment not more than ten years, or both. § 170(16). Transportation of motor vehicles carrying gasoline, etc.; penalty for violations. The transportation by vessels of gasoline or any other inflammable or combustible liquid or inflammable gas when carried by motor vehicles using the same as a source of their own motive power, or motive power for driving auxiliaries forming a part of the vehicle, shall be lawful under the conditions as set forth in the regulations established by the Commandant of the Coast Guard under this section: Provided, however, That the motor or motors in any vehicle be stopped immediately after entering the said vessel, and that the same be not restarted |