tained that any vessel subject to the provisions of this title or Acts amendatory or supplementary thereto, has been or is being navigated or operated without complying with the terms of the vessel's certificate of inspection regarding the number and class of licensed officers and crew, or without complying with the provisions of law and her said certificate as to the number or kind of life-saving or fire-fighting apparatus, or without maintaining in good and efficient condition her lifeboats, fire pumps, fire hose, and life preservers, or that for any other reason said vessel cannot be operated with safety to life, the owner or master of said vessel shall be ordered to correct such unlawful conditions, and the vessel may be required to cease navigating at once and to submit to reinspection; and in case the said orders shall not at once be complied with, the vessel's certificate of inspection shall be revoked, and the owner, master, or agent of said vessel shall immediately be given notice, in writing, of such revocation; and no new certificate of inspection shall be again issued to her until the provisions of this title or Acts amendatory or supplementary thereto have been complied with. Any vessel subject to the provisions of this title or Acts amendatory or supplementary thereto operating or navigating or attempting to operate or navigate after the revocation of her certificate of inspection and before the issuance of a new certificate, shall, upon application by a department or agency charged with the enforcement of such title or Acts, to any district court of the United States having jurisdiction, and by proper order or action of said court in the premises, be seized summarily by way of libel and held without privilege of release by bail or bond until a proper certificate of inspection shall have been issued to said vessel: Provided, That the owner, master, or person in charge of any vessel whose certificate shall have been so revoked may within thirty days after receiving notice of such revocation appeal to the head of the department in which the Coast Guard is operating for a reexamination of the case, and upon such appeal the said head of the department shall have power to revise, modify, or set aside such action of revocation, and direct the issuance to such vessel of her original certificate or of a new certificate of inspection; and in case the said head of the department shall so direct the issuance of a certificate, all judicial process against said vessel based on this section shall thereupon be of no further force or effect, and the vessel shall thereupon be released. 46 § 436. Penalty for failure to make repairs on notice If any master or owner of any inspected vessel shall refuse or neglect to comply with the requirements of the examining official, made in pursuance of section 435 of this title, and shall, contrary thereto and while the same remains unreversed, employ the vessel by navigating her, the master and owner shall be liable to a penalty of $500 for each offense, one-half for the use of the informer; for which sum the vessel itself shall be liable, and may be seized and proceeded against by libel in any district court having jurisdiction; and the master and owner, and the vessel itself, shall, in addition thereto, be liable for any damage to passengers and their baggage which shall occur from any defects as stated in the notice prescribed by section 435 of this title. OCEANOGRAPHIC RESEARCH VESSELS 46 § 441. Exemption of oceanographic research vessels from inspection laws; definitions As used in sections 441-445 of this title (1) the term "oceanographic research vessel" means a vessel which the Secretary of the department in which the Coast Guard is operating finds is being employed exclusively in instruction in oceanography or limnology, or both, or exclusively in oceanographic research, including, but not limited to, such studies pertaining to the sea as seismic, gravity meter and magnetic exploration and other marine geophysical or geological surveys, atmospheric research, and biological research; (2) the term "scientific personnel" means persons who are aboard a vessel solely for the purpose of engaging in scientific research, instructing, or receiving instruction, in oceanography or limnology. 46 § 442. Vessel not considered passenger vessel An oceanographic research vessel shall not be considered a passenger vessel, a vessel carrying passengers, or a passengercarrying vessel under the provisions of the laws relating to the inspection and manning of merchant vessels by reason of the carriage of scientific personnel. 46 § 443. Vessel not engaged in trade or commerce An oceanographic research vessel shall not be deemed to be engaged in trade or commerce. 46 § 444. Scientific personnel not considered seamen Scientific personnel on an oceanographic research vessel shall not be considered seamen under the provisions of title 53 of the Revised Statutes and Act amendatory thereof or supplementary thereto. 46 § 445. Exemption by regulation If the Secretary of the department in which the Coast Guard is operating determines that the application to any oceanographic research vessel of any provision of title 52 or title 53 of the Revised Statutes, or Acts amendatory thereof or supplementary thereto, is not necessary in the performance of the mission of the vessel, he may by regulation exempt any such vessel from such provision, upon such terms and conditions as he may specify. Chapter 15.-TRANSPORTATION OF PASSENGERS AND MERCHANDISE BY STEAM VESSELS Special permit for excursions. Regulations as to regattas or marine parades. Enforcement of regulations; use of public or private vessels. Vessels on Great Lakes carrying persons not passengers. Life preservers. Count or list of passengers. Same; exemption of certain vessels. Penalty for carrying too many passengers. 453. 454. 455. 456. 457. 458. 459. 460. 460a. 461. 462. 466a. 466b. 467. 470. 471 473. 477. 478. 479. 480. 481. 482. 483. 489. 491. Rules as to accommodations for export animals. Violation of rules; penalty. Discharge of petroleum at terminal ports. Watchmen on passenger steamers. Punishment for failure to keep watchmen. Steering, navigating, and signaling apparatus. Accommodation of deck passengers. Penalty for not providing proper accommodations for passengers. Regulations for vessels subject to Coast Guard. (a) Lifesaving and firefighting equipment, muster lists, tackle and hawsers, bilge systems. (b) Operation factors; foreign vessels; exemptions. (c) Penalty for violation; libel. (d) Penalty for manufacture or sale of defective equipment. Water-tight bulkheads in lake steamers carrying passengers. Water-tight bulkheads not required on certain steamers. Liability of master and owners for damage to passengers. Copies of laws governing marine inspection to be kept on passenger vessels. Penalty for omission of duty by customs officers. Registry or enrollment denied to vessels not complying with law. 46 § 451. Number of passengers allowable 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. 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. 46 § 452. Penalty for carrying too many passengers 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. 46 § 453. Special permit for excursions If any passenger vessel engages in excursions, the Coast Guard officials shall issue to such vessel a special permit, in writing, for the occasion, in which shall be stated the additional number of passengers that may be carried and the number and kind of lifesaving appliances that shall be provided for the safety of such additional passengers; and they shall also, in their discretion, limit the route and distance for such excursions: Provided, however, That the issuance of such special permit shall be reported by the Coast Guard officials to the Commandant of the Coast Guard, and such special permit shall not be effective until approved by the said Commandant of the Coast Guard. 46 § 454. Regulations as to regattas or marine parades The Commandant of the Coast Guard is authorized and empowered in his discretion to issue from time to time regulations, not contrary to law, to promote the safety of life on navigable waters during regattas or marine parades. 46 455. Enforcement of regulations; use of public or private vessels To enforce such regulations the Commandant of the Coast Guard may detail any public vessel in the service of the Coast Guard and make use of any private vessel tendered gratuitously for the purpose, or upon the request of the Commandant of the Coast Guard the head of any other department may enforce the regulations issued under sections 454 and 456 of this title by means of any public vessel of such department and of any private vessel tendered gratuitously for the purpose. 46 § 456. Transfer of authority to regulate to head of other department The authority and power bestowed upon the Commandant of the Coast Guard by sections 454 and 455 of this title may be trans ferred for any special occasion to the head of another department by the President whenever in his judgment such transfer is desirable. 46 § 457. Penalties for violations of regulations For any violation of regulations issued pursuant to sections 454456 of this title the following penalties shall be incurred: (a) A licensed officer shall be liable to suspension or revocation of license in the manner now prescribed by law for incompetency or misconduct. (b) Any person in charge of the navigation of a vessel other than a licensed officer shall be liable to a penalty of $500. (c) The owner of a vessel (including any corporate officer of a corporation owning the vessel) actually on board shall be liable to a penalty of $500, unless the violation of regulations shall have occurred without his knowledge. (d) Any other person shall be liable to a penalty of $250. The Commandant of the Coast Guard is authorized and empowered to mitigate or remit any penalty herein provided for in the manner prescribed by law for the mitigation or remission of penalties for violation of the navigation laws. 46 458. Vessels on Great Lakes carrying persons not passengers Any steam vessel engaged in the business of towing vessels, rafts, or water craft of any kind, also steam vessels engaged in oyster dredging and planting, and fishing steamers engaged in food fishing on the Great Lakes and all other inland waters of the United States, and not carrying passengers, may be authorized and licensed by the Coast Guard to carry on board such number of persons, in addition to its crew, as the Coast Guard, in its judgment, shall deem necessary to carry on the legitimate business of such towing, oyster and fishing steamers, not exceeding, however, one person to every net ton of measurement of said steamer: Provided, however, That the person so allowed to be carried shall not be carried for hire. 46 § 459. Life preservers Every steam vessel licensed under section 458 of this title shall carry and have on board, in accessible places, one life preserver for every person allowed to be carried, in addition to those provided for the crew of such vessel. 46 § 460. Count or list of passengers The master of every passenger steamer shall keep a correct count of all the passengers received and delivered from day to day, which count shall be open to the inspection of the Coast Guard and officers of the customs at all times, and the aggregate number of passengers shall be furnished to the Coast Guard as often as called for: Provided, however, That a correct list of passengers received |