PART 116-INSPECTION OF VESSELS

§ 116.1 Application for inspection of vessels; exemption from while laid up or dismantled. (See § 63.1 of this chapter.)

NOTE: The third undesignated paragraph of § 116.1 was amended by Order 186, Dec. 22, 1941; 6 F.R. 6712.

§ 116.4 Inspection of hulls. (See § 79.4 of this chapter.)

NOTE: § 116.4 was amended by adding an undesignated paragraph at the end thereof, by Order 138, Aug. 18, 1941; 6 F.R. 4278.

§116.16 Electrical installations. (See $63.9 of this chapter.)

NOTE: § 116.16 was amended by amending the former last paragraph and adding a new paragraph, by Order 84, Mar. 10, 1941; 6 F.R.

1410.

§116.18 Standard in inspection of hulls, boilers and machinery. In the inspection of hulls, boilers, and machinery of vessels, the rules promulgated by the American Bureau of Shipping respecting material and construction of hulls, boilers, and machinery, and the certificate of classification referring thereto, except where otherwise provided for by the rules and regulations in this subchapter, Subchapter E (Load Lines), or Subchapter F (Boilers and Appurtenances), shall be accepted as standard by the inspectors of the Bureau. (R.S. 4405, 4417, 4418, 4426, as amended, 49 Stat. 1544; 46 U.S.C. 375, 391, 392,404,367) [As amended by Order 186, Dec. 22, 1941; 6 F.R. 6713]

PART 138-RULES AND REGULATIONS FOR ISSUANCE OF CERTIFICATES AND CONTINUOUS DISCHARGE BOOKS

$138.1 General provisions.

(c) Every person employed on any merchant vessel of the United States of 100 tons gross and upward, except those navigating rivers exclusively and the smaller inland lakes, below the rank of licensed officer and registered staff officer, shall have a certificate of service issued by a board of local inspectors. No certificate of service or efficiency is required of any person below the rank of licensed officer employed on any unrigged vessel except seagoing barges. No certificate of service or efficiency is required of any person below the rank of licensed officer employed on any sail vessel of less than 500 net tons while not carrying passengers for hire and while not operating outside the line dividing inland waters from the high seas, as defined in section 2 of the Act of February 19, 1895, as amended. [As amended by Order 132, July 19, 1941; 6 F.R. 3596]

§ 138.3 Able seaman. An applicant for a certificate of service as able seaman shall be at least 19 years of age and meet the following service requirements:

(a) High seas and inland waters. (1) Three years' service on deck at sea or on the Great Lakes on vessels of 100 gross tons or over to which sec. 1 (a) of the act of June 25, 1936 amending sec. 13 of the act of March 4, 1915, applies, including decked fishing vessels and vessels in the United States Government service. [As amended by Order 181, Dec. 19, 1941; 6 F.R. 6619]

(2) Graduates of school ships approved by and conducted under the rules of the Secretary of Commerce; graduates of school ships operated by the

1 Order 152, Sept. 27, 1941; 6 F.R. 4947 reads as follows: Able seamen examined and rated able seamen under section 13 of the Act of March 4, 1915, as amended (55 Stat. 730; 46 U.S.C., Sup., 672), after having served on deck twelve months at sea or on the Great Lakes, may compose not more than one-half of the number of able seamen required by said section in the deck crew of such vessels.

The order shall be effective during the emergency declared by the President on May 27, 1941, to exist, unless sooner revoked or modified, but in no event shall this order be effective after June 30, 1943.

U. S. Maritime Service for and on behalf of the U. S. Maritime Commission; graduates of the U. S. Naval Academy; and graduates of the Coast Guard Academy, upon graduation in good standing. [As amended by Order 67, Dec. 18, 1940; 5 F.R. 5172]

(3) Twelve months on deck of such vessels at sea or on the Great Lakes.

(b) Great Lakes and inland waters. Eighteen months' service on deck at sea or on the Great Lakes, smaller lakes, bays, or sounds on vessels of 100 gross tons or over to which section 1 (a) of the act of June 25, 1936, amending section 13 of the act of March 4, 1915, арplies, including decked fishing vessels and vessels in the United States Government service. [As amended by Order 181, Dec. 19, 1941; 6 F.R. 6619]

(c) Tugs and towboats. Eighteen months' service on deck at sea or on the Great Lakes or on the bays and sounds directly connected with the seas.

(c-1) Bays and sounds. Twelve months' service on deck at sea or on the Great Lakes or on the bays and sounds connected directly with the seas. [As added by Order 132, July 19, 1941; 6 F.R.

3596]

(c-2) Seagoing barges. Twelve months' service on deck at sea or on the Great Lakes or on the bays and sounds connected directly with the seas. [As added by Order 154, Sept. 30, 1941; 6 F.R. 4977]

(d) General (1) Physical condition. No candidate for certificate of service as able seaman shall be examined until he presents an official certificate of a physician of the United States Public Health Service, or reputable physician acceptable to the local inspectors, that his eyesight, hearing, and physical condition are such that he can perform the duties required of an able seaman, and that his color sense is normal.

(2) Training. Before such a certificate is issued to any applicant, he shall prove to the satisfaction of the board

By Public, No. 499, 75th Congress, 3d Sess., approved May 9, 1938 (52 Stat. 343; 46 U.S.C. 391b), it is provided that any inspector of hulls, any inspector of boilers, and any assistant inspector designated for that pur

of local inspectors,1 both by oral examination and by actual demonstration, that he has been trained in all the operations connected with the launching of lifeboats and life rafts, and the use of oars; that he is acquainted with the practical handling of the boats themselves; and, further, that he is capable of taking command of a boat's crew. If convenient to board and applicant, written examination may be given in lieu of oral examination.

a

a

(3) Examination. The examination shall consist of questions regarding lifeboats and life rafts, the names of their essential parts, and a description of the required equipment; the clearing away, swinging out, and lowering of boats and rafts, the handling of boats under oars, including questions relative to the proper handling of a boat in running before heavy sea, in pulling into sea, etc.; the construction and functions of gravity, radial, and quadrantal types of davits. There shall also be included questions concerning the applicant's knowledge of nautical terms; boxing the compass, either by degrees or points according to his experience; running lights, passing signals, fog signals for vessels on high seas, in inland waters, or on the Great Lakes depending upon the waters on which the applicant has had service; distress signals; knowledge of commands in handling the wheel by obeying orders passed to him as "wheelsman," and knowledge of the use of engineroom telegraph or bell-pull signals.

(4) Demonstration of ability. In the actual demonstration, the applicant shall show his ability by taking command of a boat and directing the operation of clearing away, swinging out, lowering the boat into the water, and acting as coxwain in charge of the boat under oars. He shall demonstrate his ability to row by actually pulling an oar in the boat. He shall also demonstrate knowledge of a few of the principal knots, bends, splices, and hitches in common use by actually making them.

pose by a board of local inspectors may issue certificates of service, certificates of efficiency, tankermen's certificates, continuousdischarge books, and certificates of identification.

(5) Certificate. Every person employed in a rating as able seaman on any vessel coming under the provisions of these rules and regulations shall produce a certificate as able seaman to the United States shipping commissioner, United States collector or deputy collector of customs, or master before signing articles of agreement. No certificate as able seaman is required of any person employed on any unrigged vessel except seagoing barges, nor on any tug or towboat on the bays and sounds connected directly with the seas. No certificate as able seaman is required of any person employed on any sail vessel of less than 500 net tons while not carrying passengers for hire and while not operating outside the line dividing inland waters from the high seas, as defined in section 2 of the Act of February 19, 1895, as amended. [As amended by Order 132, July 19, 1941; 6 F.R. 3596]

(6) Waters on which employed. Each certificate issued shall state the waters on which the holder is permitted to be employed as an able seaman.

Certificates issued to seamen under paragraphs (a) (1) and (2) shall be issued for "any waters" and shall be green in color.

Certificates issued to seamen under paragraph (a) (3) shall be for "any waters-12 months" and shall be blue in color. (Holders of certificates under this provision are limited to one-fourth of the number of able seamen required by law to be employed on a vessel.)

Certificates issued to seamen under paragraph (b) shall be for "Great Lakes-18 months' service" and shall be blue in color. (Holders of certificates under this provision may comprise the required number of able seamen on vessels on the Great Lakes and on the smaller lakes, bays, and sounds). If the seaman possesses the requisite service for a certificate under paragraph (a) (3), there shall be added "high seas-12 months".

Certificates issued to seamen under paragraph (c) shall be for "tugs and towboats only on the high seas" and shall be blue in color.

Certificates issued to seamen under paragraph (c-1) shall be for "bays and

sounds-12 months-vessels 500 gross tons or under not carrying passengers", and shall be blue in color.

Certificates issued to seamen under paragraph (c-2) shall be for "Seagoing barges-12 months" and be blue in color. (R.S. 161, secs. 1, 7, 49 Stat. 1930, 1936, sec. 1 (j), 50 Stat. 49, secs. 1, 3, 52 Stat. 753, 754; 5 U.S.C. 22, 46 U.S.C. 672, 689,643 (j), 672b, 643a) [As amended by Orders 132 and 154, July 19, 1941, Sept. 30, 1941; 6 F.R. 3596, 4978]

§ 138.6 Certificates of service for ratings other than able seaman or qualified member of the engine department.

(g) Every person employed in a rating other than able seaman or qualified member of the engine department of vessels coming under the provisions of the rules and regulations in this part shall produce a certificate of service for the capacity in which he is employed to the United States shipping commissioner, United States collector or deputy collector of customs, or master before signing articles of agreement. No certificate of service shall be required of any person employed on any unrigged vessel, except seagoing barges, or on any sail vessel of less than 500 net tons while not carrying passengers for hire and while not operating outside the line dividing inland waters from the high seas, as defined in section 2 of the Act of February 19, 1895, as amended. (Secs. 1, 7, 49 Stat. 1930, 1936, sec. 1 (j), 50 Stat. 49, secs. 1, 3, 52 Stat. 753, 754; 46 U.S.C. 672, 689, 643 (j), 672b, 643a) [As amended by Order 132, July 19, 1941; 6 F.R. 3597]

§ 138.8 Rules for preparation and issue of certificates of service and efficiency.

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(g) If an applicant has had a certificate revoked and is seeking a new one in any rating, he shall, in his application therefor, state the date of revocation and the number of his former certificate. Before the Board of Local Inspectors shall make its determination as to whether the issuance of such new certificate is compatible with the requirements of good discipline and safety at sea, it shall forward the application, together with any other statements or information in the case, to the Director, who shall thereupon furnish the board with any pertinent in

NOTE: §138.8 was amended as follows: Paragraph (g) was amended as set forth above, by Order 117, May 23, 1941; 6 F.R. 2585, paragraph (h) was revoked and (1) and (J) redesignated as (h) and (1), by Order 76, Jan. 23, 1941; 6 F.R. 601.

§ 138.9 Rules and regulations covering discharge of seaman. (a) Upon the discharge of any seaman and payment of his wages, the shipping commissioner, or collector or deputy collector of customs at ports where no shipping commissioner has been appointed, shall enter in the continuous discharge book of such seaman, if the seaman carries such a book, the name and official number of the vessel, the nature of the voyage (foreign, intercoastal, or coastwise), the class to which the vessel belongs (steam, motor, sail, or barge), the date and place of the shipment and of the discharge of such seaman, the rating (capacity in which employed) then held by such seaman, and the signature of the person making such entries, and nothing more. In cases where the law does not require the seaman to be shipped and discharged before a shipping commissioner, the master of the vessel shall make the required entries in the continuous discharge book. All entries shall be made in black ink. The person making the entry in the book shall also prepare a "Record of Entry in Continuous Discharge Book" on Form 718 E1 and make the required entries therein showing the full name and citizenship of the seaman in whose book the entry was made, serial number of his book, the name and official number of the vessel, the nature of the voyage (foreign, intercoastal, or coastwise), the class to which the vessel belongs (steam, motor, sail, or barge), the date and place of shipment and of the discharge of such seaman, and the rating (capacity in which employed) then held by such seaman. The record of entry shall be signed by the seaman in whose book the entry was made and by the person making the entry in the book. In cases where the record of entry is signed by a shipping commissioner, or collector, or deputy collector of customs,

Filed as part of the original document.

the master is not required to sign the record of entry, but his name must be shown thereon.

(b) Upon the discharge of any seaman who holds a certificate of identification issued by the Bureau of Marine Inspection and Navigation and payment of his wages, the shipping commissioner or collector or deputy collector of customs at ports where no shipping commissioner has been appointed shall issue to the seaman a "Certificate of Discharge" on Form 718 A rev., and make the required entries therein showing the full name and citizenship of the seaman to whom it is issued, the serial number of his certificate of identification, the name and official number of the vessel, the nature of the voyage (foreign, intercoastal, or coastwise), the class to which the vessel belongs (steam, motor, sail, or barge), the date and place of the shipment and of the discharge of such seaman, and the rating (capacity in which employed) then held by such seaman. The certificate of discharge shall be signed by the seaman to whom it is issued and the master of the vessel and shall be witnessed by the shipping commissioner or, at ports where no shipping commissioner has been appointed, by the collector or deputy collector of customs. In cases where the law does not require the seaman to be shipped and discharged before a shipping commissioner, the master of the vessel shall issue such certificate of discharge and make the required entries therein. All entries on certificates of discharge, Form 718 A rev., shall be made with indelible pencil or typewriter to insure legible copies. The white copy of the certificate of discharge shall be forwarded to the Bureau of Marine Inspection and Navigation as prescribed by paragraphs (f), (i), and (j).

(c) Upon the discharge of any seaman in a foreign port the master shall make the proper entries in the continuous discharge book and on the ship's articles, and such entries shall be attested to by the consular officer, and Form 718E shall be completed in accordance with paragraph (a) of this section. If the seaman possesses a certificate of identification, the master of the vessel shall issue to the seaman a certificate of discharge on Form 718A rev., and make the required entries therein which shall be attested by the consular officer. If the seaman has lost his continuous discharge book or certificate of identification, the master shall furnish him with a certificate of discharge (Form 718A rev.), attested to by the consular officer and note this fact on the articles. The white copy of any discharge Form 718A rev., given out in this manner or the original of the record of entry, Form 718E, shall be retained by the master until the articles covering that voyage are closed, at which time, if the crew is discharged before a shipping commissioner, or before a collector or deputy collector of customs at ports where no shipping commissioner has been appointed, it shall be delivered to that officer and forwarded by him to the Bureau of Marine Inspection and Navigation, as prescribed in paragraphs (f), (i), and (j); if the crew is not discharged before such officer, it shall be forwarded to the Bureau of Marine Inspection and Navigation by the master as prescribed in those paragraphs.

(d) Whenever a continuous discharge book, certificate of identification, or certificate of discharge is reported to a shipping commissioner, collector of customs, or United States local inspector of steam vessels as having been stolen, lost, or destroyed, the shipping commissioner, collector of customs, or United States local inspector of steam vessels shall immediately report the fact by letter to the Director of the Bureau of Marine Inspection and Navigation, giving all the facts incident to its loss or destruction. By the same procedure, he shall report the recovery of a continuous discharge book. certificate of identification, or certificate of discharge with all the facts incident to its recovery, and shall forward the recovered book, certificate of identification, or certificate of discharge to the Director of the Bureau of Marine Inspection and Navigation.

(e) Pending the issuance of a duplicate of the continuous discharge book, the shipping commissioner, or collector or deputy collector of customs at ports where no shipping commissioner has been appointed, may furnish the seaman with a certificate of discharge (Form 718A rev.), at the completion of the voyage, and this fact shall be noted on the articles. The white copy of such discharge

shall be forwarded to the Bureau of Marine Inspection and Navigation, as prescribed in paragraphs (f), (i), and (j).

(f) Shipping Articles shall be made out in triplicate. One of the copies shall be retained by the shipping commissioner, and the original and a copy given to the master who shall enter therein any changes made in the crew during the voyage. In case of the paying off of any members of the crew during the voyage, they shall be required to sign the mutual release on both the original and the duplicate of the articles whether discharged before a shipping commissioner in an American port or before an American consul in a foreign port. At the completion of the voyage, when the crew is paid off, the mutual release on both the original and the duplicate of the articles must be signed by all members of the crew; and the original copy, together with the white copy of every certificate of discharge, Form 718 A rev., given during the voyage or a record of entry, Form 718 E, of every entry made in a continuous discharge book during the voyage, shall be forwarded to the Bureau at Washington, D. C. The duplicate copy shall be retained by the shipping commissioner.

(g) All columns on the Shipping Articles shall be properly filled in and the certifications on the back properly signed. All entries made in the continuous discharge books during the voyage, and the entries made in all certificates of discharge issued during the voyage to seamen holding certificates of identification shall be shown on the ship's articles.

(h) Every seaman shall be required, when signing articles, to produce his continuous discharge book or certificate of identification, as well as his license, certificate of registry, or certificate of service, in order that the serial numbers may be entered on the articles.

(1) Commencing on the effective date of this amendment and when seamen are not shipped and discharged before a shipping commissioner, or collector or deputy collector of customs, the master of the vessel shall make a report, in duplicate, on Form 735 (T)1 containing the names and other data prescribed on

1 Filed as part of the original document.