Lapas attēli
PDF
ePub

of the line. The mark shall be placed and displayed on each side o the vessel, subject to such specifications as to location and dimension as are prescribed in regulations issued [under this Act] by the Secretary (b) No tonnage mark shall be required to be placed or displaye above the statutory summer loadline prescribed in accordance with the applicable loadline convention, except that, when a vessel's statu tory loadline is assigned on the assumption that the second deck is the freeboard deck, the tonnage mark may be permitted to be placed and displayed on a line level with the uppermost part of the loadlin grid.

(c) Except when the tonnage mark is placed and displayed on the vessel [at the level prescribed in section 4 hereof] on a line level with the uppermost part of the loadline grid, as hereinbefore provided, an additional line may be added to the tonnage mark, subject to such specifications as to location and dimensions as are prescribed [in regulations issued under this Act] by the Secretary.

(d) The tonnage mark shall be deemed to be submerged when the upper edge of the mark is under water, except that if the vessel is marked with the additional line [in accordance with section 5 of this Act], as hereinbefore provided, and is in fresh water or in tropical waters, the tonnage mark shall not be deemed to be submerged unless the upper edge of the additional line is under water.

NOTE

This section is based on title 46, U.S.C., 1964 ed., §§ 83b-83e (Public Law 89–219, §§ 3–6, Sept. 29, 1965, 79 Stat. 891, 892).

Changes have been made in arrangement and phraseology as required in the context of this act.

SEC. 410. OPTIONAL METHOD: RECITAL OF TONNAGES.-In a case in which a vessel measured under this [Act] chapter [and other applicable statutes] has a tonnage mark placed and displayed at a place other than a line level with the uppermost part of the loadline grid, any measurement certificate or marine document reciting tonnages issued to such vessel shall show the gross and net tonnages applicable when the tonnage mark is submerged and the gross and net tonnages applicable when the mark is not submerged. In any other case [in which a vessel is measured under this Act and other applicable statutes], any measurement certificate or marine document reciting tonnages issued to such vessel shall show only one set of gross and net tonnages, taking into account all applicable omissions or exemptions.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 83f (Public Law 89-219, § 7, Sept. 29, 1965, 79 Stat. 892).

The words "and other applicable statutes" have been deleted because all of the statutes relating to measurement of vessels are codified in this chapter. Changes have been made in phraseology as required in the context of this act.

SEC. 411. OPTIONAL METHOD: MARKING LINE OF UPPERMOST COMPLETE DECK ON VESSEL WITH NO REQUIRED OR ASSIGNED STATUTORY LOADLINE.-In a case in which an application for omission of spaces is filed under section [2] 408 of this Act for a vessel for

which a statutory loadline is not required and is not assigned, the ine of the uppermost complete deck shall be marked in the manner specified for marking the deck line in the international loadline convention in force.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 83g (Public Law 89-219, §8, Sept. 29, 1965, 79 Stat. 892). A change has been made in phraseology as required in the context of this act.

SEC. 412. OPTIONAL METHOD: PENALTIES. (a) Any person who makes a false, fictitious, or fraudulent statement or representation in any matter in which such statement or representation is required to be made to the Secretary in any regulation [issued under] carrying but the provisions of sections 407 through 411 of this Act shall be subject to a penalty of not more than $1,000 for each such statement or representation.

́(b) If any tonnage mark required to be placed and displayed on a vessel in any regulation [issued under] carrying out the provisions of sections 407 through 411 of this Act by the Secretary is not so placed or displayed or if the mark at any time shall cease to be continued on the vessel, such vessel shall be subject to a penalty of $30 on every subsequent arrival in a port of the United States.

NOTE

This section is based on title 46, U.S.C., 1964 ed., §§ 83i, 83j (Public Law 89-219, 13, 14, Sept. 29, 1965, 79 Stat. 892).

Changes have been made in arrangement and phraseology as required in the context of this act.

SEC. 413. MEASUREMENT OF FOREIGN VESSELS.-Whenever it is made to appear to the Secretary [of the Treasury that the rules concerning the measurement for tonnage of vessels of the United States have been substantially adopted by the government of any foreign country, he may direct that the vessels of such foreign country be deemed to be of the tonnage denoted in their certificates of register or other national papers, and thereupon it shall not be necessary for such vessels to be remeasured at any port in the United States; and when it shall be necessary to ascertain the tonnage of any vessel not a vessel of the United States, the said tonnage shall be ascertained in the manner provided by law for the measurement of vessels of the United States.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 81 (R.S. § 4154; Aug. 5, 1882, c. 398, § 2, 22 Stat. 300; Feb. 14, 1903, c. 552, § 10, 32 Stat. 829; Mar. 4, 1913, c. 141, § 1, 37 Stat. 736; 1946 Reorganization Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280).

The words "of the Treasury" have been deleted as surplusage because "Secretary" is defined as "Secretary of the Treasury" in section 101 of this act.

CHAPTER 5-COASTWISE TRADE AND RELATED ACTIVITIES

SEC. 501. VESSELS EMPLOYED IN THE COASTING TRADE: ENTITLE MENT TO PRIVILEGES.- -Vessels of twenty tons and upward, enrolled in pursuance of this [Title] Act, and having a license in force, o vessels of less than twenty tons [] which, although not enrolled, have a license in force, as required by this [Title] Act, and no others, shall be deemed vessels of the United States entitled to the privileges of vessels employed in the coasting trade [or fisheries].

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 251 (R.S. § 4311).

The reference to "fisheries" has been omitted as covered by section 601 of this act. Changes have been made in phraseology as required in the context of this act.

SEC. 502. LOSS OF COASTWISE PRIVILEGES BY SALE FOREIGN OR FOREIGN REGISTRY.-[Provided, That no] No vessel having at any time acquired the lawful right to engage in the coastwise trade, either by virtue of having been built in, or documented under the laws of the United States, and later sold foreign in whole or in part, or placed under foreign registry, shall [hereafter], after July 2, 1935, acquire the right to engage in the coastwise trade.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 883 (July 2, 1935, c. 355, § 1, 49 Stat. 442). Changes have been made in phraseology as required in the context of this act.

SEC. 503. LosS OF COASTWISE PRIVILEGES BY REBUILDING ABROAD; REPORTS OF REBUILDING ABROAD REQUIRED; PENALTY FOR FAILURE TO REPORT. (a) [Provided further, That no] No vessel of more than five hundred gross tons which has acquired the lawful right to engage in the coastwise trade, by virtue of having been built in or documented under the laws of the United States, and which has later been rebuilt, shall have the right thereafter to engage in the coastwise trade, unless the entire rebuilding, including the construction of any major components of the hull or superstructure of the vessel, is effected within the United States, its [Territories] territories (not including trust territories), [or] its possessions, or the Commonwealth of Puerto Rico [:].

(b) If any vessel of more than five hundred gross tons documented under the laws of the United States, or last documented under such laws, is rebuilt, and any part of the rebuilding, including the construction of major components of the hull and superstructure of the vessel, is not effected within the United States, its [Territories] territories (not including trust territories), [or] its possessions, or the Commonwealth of Puerto Rico, a report of the circumstances of such rebuilding shall be made to the Secretary [of the Treasury], upon the first arrival of the vessel thereafter at a port within the customs territory of the United States, if rebuilt outside the United States, its [Territories] territories (not including trust territories), [or] its possessions,

or the Commonwealth of Puerto Rico, or, in any other case, upon completion of the rebuilding, in accordance with such regulations as the Secretary may prescribe]. If the required report is not made, the ressel, together with its tackle, apparel, equipment, and furniture, shall be forfeited, and the master and owner shall each be liable to a penalty of $200. [Any penalty or forfeiture incurred under this Act may be remitted or mitigated by the Secretary under the provisions of section 5294 of the Revised Statutes of the United States, as amended (U.S.C. 1952 edition, title 46, sec. 7).]

NOTE

This section is based on title 46, U.S. C., 1964 ed., §§ 883, 883a (July 14, 1956, c. 600, §§ 1, 2, 70 Stat. 544; July 5, 1960, Public Law 86-583, §§ 1, 2, 74 Stat. 321). Subsection (a) of this section is based on act July 14, 1956, c. 600, §§ 1, 2, 70 Stat. 544 (46 U.S.C. 883, 2d proviso), and subsection (b) is based on act July 5, 1960, Public Law 86-583, §§ 1, 2, 74 Stat. 321 (46 U.S.C. 883a).

The word "territories" has been substituted for "Territories" in three places because, with the admission of Alaska and Hawaii as States, there are no more incorporated Territories to which the term "Territories" is applicable.

[ocr errors]

The words or the Commonwealth of Puerto Rico" have been inserted in three places to reflect the present status of this former possession. See act July 3 1950, c. 446, §§ 1-6, 64 Stat. 319; § 1 of the Constitution of Puerto Rico (48 U.S.C. 731b-e, 737).

The words "in accordance with such regulations as the Secretary may prescribe" in subsection (b) have been deleted as unnecessary in view of subsection (a) of section 103 of this act under which the Secretary is authorized generally to make such rules and regulations as may be necessary to carry out the provisions of this act.

The last sentence, relating to remission or mitigation of penalties or forfeitures, has been omitted as covered by section 107 of this act. Changes have been made in phraseology as required in the context of this act.

SEC. 504. TRANSPORTATION OF PASSENGERS COASTWISE BY FOREIGN VESSELS PROHIBITED; PENALTY.-No foreign vessel shall transport passengers [between ports or places in the United States], either directly or by way of a foreign port, between ports or places in the United States, including Districts, territories, and possessions thereof embraced within the coastwise laws and the Commonwealth of Puerto Rico, under a penalty of $200 for each passenger so transported and landed.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 289 (June 19, 1886, c. 421, §8, 24 Stat. 81; Feb. 17, 1898, c. 26, § 2, 30 Stat. 248).

The wording of this section, prohibiting the coastwise transportation of passengers by foreign vessels, has been rearranged, and the words "including Districts, territories, and possessions thereof embraced within the coastwise laws and the Commonwealth of Puerto Rico," have been inserted, consistent with subsection (a) of section 506 of this act (46 U.S.C. 883), which prohibits the coastwise transportation of merchandise in vessels not of the United States, and section 517 of this act (46 U.S.C. 877), which extends the coastwise laws to the island territories and possessions of the United States not covered thereby on Feb. 1, 1922.

The general prohibitions on coastwise transportation of merchandise and passengers in vessels not of the United States (merchandise) and foreign vessels (passengers) are derived, respectively, from R.S. § 4347, as amended Feb. 15, 1893, c. 117, 27 Stat. 455, and the act June 19, 1886, c. 421, § 8, 24 Stat. 82. Together, these statutes were amended by the act Feb. 17, 1898, c. 26, §§ 1, 2, 30 Stat. 248. At that time, the United States had not yet acquired island territories and possessions (except for the guano islands referred to in sec. 517 of this act and the note thereto). R.S. § 4347, as amended, however, was superseded by

wwwwww

the act June 5, 1920, c. 250, § 27, 41 Stat. 998; 46 U.S.C. 883 (sec. 517 of thi act), which properly took note of the island Territories and possessions acquire by the United States subsequent to Feb. 15, 1893, but the act of June 19, 1886 as amended (this section) has not been further amended since the act Feb. 17 1898, which increased the amount of the penalty for violation. It appears therefore, that this is the reason it presently makes no reference to island terri tories and possessions. This is the thrust, also, of act June 5, 1920, c. 250, § 21 41 Stat. 997, as amended; 46 U.S.C. 877 (sec. 517 of this act), which extended the coastwise laws to the island Territories and possessions not previously covered thereby. The quoted language has been inserted to reflect this circumstance.

SEC. 505. TRANSPORTATION OF PASSENGERS IN CANADIAN VESSEL BETWEEN ROCHESTER AND ALEXANDRIA BAY ALLOWED CONDITION ALLY UNDER PERMIT.-Until such time as passenger service shall be established by vessels of the United States between the port of Rochester, New York, and the port of Alexandria Bay, New York the Secretary [of the Treasury is authorized in his discretion to issue annually permits to Canadian passenger vessels to transport passengers between these ports; such Canadian vessels holding such permits not to be subject to the provisions of section [8 of the Act of June 19, 1886, as amended by section 2 of the Act of February 17, 1898 (46 Ú.S.C., sec. 289)] 504 of this Act.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 289a (Apr. 26, 1938, c. 174, 52 Stat. 223; 1946 Reorganization Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097).

The words "of the Treasury" following "Secretary" have been deleted as surplusage because "Secretary" is defined as "Secretary of the Treasury" in section 101 of this act. Changes have been made in phraseology as required in the context of this act.

SEC. 506. TRANSPORTATION OF MERCHANDISE BETWEEN UNITED STATES POINTS IN OTHER THAN DOMESTIC-BUILT, CITIZEN-OWNED, DOCUMENTED VESSELS PROHIBITED; PENALTY. (a) No merchandise shall be transported by water, or by land and water, on penalty of forfeiture thereof, between points in the United States, including Districts, [Territories] territories, and possessions thereof embraced within the coastwise laws and the Commonwealth of Puerto Rico, either directly or via a foreign port, or for any part of the transportation, in any other vessel that a vessel built in and documented under the laws of the United States and owned by persons who are citizens of the United States, or vessels to which the privilege of engaging in the coastwise trade is extended by [sections] section [18] 515 or [22] 516 of this Act[]; except that foreign-built vessels admitted to registry under the provisions of paragraph (6) of subsection (a) of section 205 of this Act may engage in trade with the islands of Guam, Wake, Midway, and Kingman Reef.

[(a)] (b) [Within the meaning of this Act no] No corporation, partnership, or association shall be deemed a citizen of the United States eligible to operate any vessel in the coastwise trade unless [the controlling interest therein is] the amount of interest in such corporation, partnership, or association owned by citizens of the United States is 75 per centum, and, in the case of a corporation, unless its president

« iepriekšējāTurpināt »