before one of the said inspectors that the applicant therefor will faithfully and honestly perform all the duties required of him by law, and carry out the lawful orders of his superior officers on shipboard, and, in the case of a radio operator, shall produce to the local inspectors his unexpired license issued by the Federal Communications Commission to act in that capacity: And provided further, That when a certificate has been revoked or suspended under the provisions of subsection (h) of this section, a new certificate shall not be issued until a board of local inspectors shall determine that the issue of such new certificate is compatible with the requirements of good discipline and safety at sea.

(h) That all certificates of service or efficiency issued by the Bureau of Marine Inspection and Navigation shall be subject to suspension or revocation on the same grounds and in the same manner and with like procedure as is provided in the case of suspension or revocation of licenses of officers under the provisions of section 4450 of the Revised Statutes.

(i) It shall be unlawful to employ any person, or for any person to serve aboard any merchant vessel of the United States, below the rating of licensed officer, who has not a certificate of service issued by a board of local inspectors, and anyone violating this section shall be liable to a penalty of $100 for each offense.

(j) This section is not to amend or repeal any of the provisions of chapter 3 of title 47, United States Code-Telegraphs, Telephones, and Radio Telegraphs. (k) Nothing herein shall be construed to impose, sanction, or permit any condition of involuntary servitude nor to prevent any seaman from leaving the service of any vessel when in a safe harbor to the same extent and with like effect as under the provisions of existing law.

(1) This section shall take effect six months after the enactment of this Act: Provided, That if it is found impracticable on the part of the Department of Commerce to furnish the certificates herein provided, the Secretary of Commerce may, in his discretion, extend the effective date for a period not exceeding three months.

Section 13 of the act of March 4, 1915, was further amended by Public, 100, Seventy-fifth Congress, as follows:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (a) of section 13 of the Act entitled "An Act to promote the welfare of American seamen in the merchant marine of the United States; to abolish arrest and imprisonment as a penalty for desertion, and to secure the abrogation of treaty provisions in relation thereto; and to promote safety at sea", approved March 4, 1915, as amended, is amended by striking out "after twelve months' service at sea after graduation" and inserting in lieu thereof "upon graduation in good standing from said school ships".

SEC. 2. Subsection (e) of such section 13, as amended, is amended by inserting before the period at the end thereof the following: “or proof that he is a graduate of a school ship approved by and conducted under rules prescribed by the Secretary of Commerce"

Approved, May 22, 1937.

Public, 499, Seventy-fifth Congress, indirectly amended section 13 of the act of March 4, 1915, as follows:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in the administration of section 13 of the Act of March 4, 1915, as amended (U. S. C., 1934 edition, Supp. III, title 46, sec. 672), the Act of June 23, 1936 (U. S. C., 1934 edition, Supp. III, title 46, sec. 391 (a)), and section 4551 of the Revised Statutes of the United States, as amended (U. S. C., 1934 edition, Supp. III, title 46, sec. 643), any inspector of hulls, any inspector of boilers, and any assistant inspector, designated for that purpose by a board of local inspectors may issue certificates of service, certificates of efficiency, tankermen's certificates, continuous-discharge books, and certificates of identification.

Approved May 9, 1938.

Public, 647, Seventy-fifth Congress, indirectly amended Public, 808, Seventy-fourth Congress, as follows:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of section 1 of the Act of

Congress approved June 25, 1936, as amended (U. S. C., 1934 edition, Supp. II, title 46, sec. 643), requiring the manning of certain merchant vessels by persons holding certificates of service or efficiency issued by the Bureau of Marine Inspection and Navigation shall not apply as to unrigged vessels, except seagoing barges, and that, insofar as said provisions apply to tugs and towboats, the said provisions are hereby modified as follows:

(a) Able seamen shall not be required in the deck crew of tugs and towboats on the bays and sounds connected directly with the seas, and every person may be rated an able seaman for the purpose of serving on tugs and towboats on the seas who is nineteen years of age and upwards and who has had at least eighteen months of service on deck at sea or on the Great Lakes or on the bays and sounds connected directly with the seas; and

(b) Service and rating at least equal to that of coal passer or wiper in the engine department of tugs and towboats operating on the seas or Great Lakes or on the bays and sounds connected directly with the seas shall be considered as meeting the requirement of subsection (e) of section 1 of said Act which requires that an applicant for rating under that subsection shall produce to the inspector of the Bureau of Marine Inspection and Navigation definite proof of at least six months' service at sea in a rating at least equal to that of coal passer or wiper in the engine department of vessels required by said Act to have such certificated men.

Nothing in this section shall restrict or modify any of the other provisions of section 1 of said Act which must be complied with before the certificates therein authorized can be granted.

SEC. 2. That the provisions of section 4 of the Act aforesaid shall not apply to unrigged vessels except seagoing barges.

SEC. 3. Provisions of section 4551 of the Revised Statutes of the United States, as amended, approved March 24, 1937 (Public, Numbered 25, Seventy-fifth Congress), shall not apply to unrigged vessels except seagoing barges.

SEC. 4. That when used in this Act

(1) The term "unrigged vessel" means any vessel that is not self-propelled; (2) The term "seagoing barge" means any barge which from its design and construction may be reasonably expected to encounter and ride out the ordinary perils of the seas and which in fact in the usual course of its operations passes outside the line dividing inland waters from the high seas, as defined in section 2 of the Act of February 19, 1895, as amended (U. S. C., 1934 edition, title 33, sec. 151).

1st Session

No. 465

ABLE SEAMEN ON SAILING VESSELS

APRIL 29, 1941.-Referred to the House Calendar and ordered to be printed

Mr. BLAND, from the Committee on the Merchant Marine and Fisheries, submitted the following

REPORT

[To accompany H. R. 4225]

The Committee on the Merchant Marine and Fisheries, to whom was referred the bill (H. R. 4225) relating to the manning of certain sail Vessels, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

PURPOSE OF THE BILL

The bill seeks to relieve sail vessels of less than 500 net tons, not carrying passengers for hire and not operating on the high seas, from the requirement of section 13 of the Seamen's Act of March 4, 1915, as amended, that such vessels be manned by able seamen.

The bill imposes no extra cost on the United States and involves no additional expenditure.

This bill is somewhat similar to H. R. 7339, Seventy-sixth Congress, which was passed by the House at that time. The bill as passed by the House was favorably reported upon by the Assistant Secretary of Commerce under date of January 8, 1940. The Assistant Secretary's letter will be found in Report No. 1531, Seventy-sixth Congress, first session, on H. R. 7339, and a copy of that letter is appended below. The bill reported herewith does not go as far as H. R. 7339 in that it does not attempt to cover vessels navigating the high seas but is limited to sail vessels of less than 500 tons while not carrying passengers for hire and while not operating on the high seas.

Section 13 of the Seamen's Act, with certain stated exceptions, requires 65 percent of the deck crew of vessels of 100, gross tons and upward navigating the high seas, the Great Lakes, or the smaller lakes, bays, and sounds, to have a deck crew composed of at least 65 percent able seamen. Áble seamen's certificates will, if other requirements are met, be issued to men who have had 3 years' service on deck at sea, or on the Great Lakes on such vessels; 18 months' service

at sea or on the Great Lakes or on the smaller lakes, bays, and soms this class being limited to service on the latter waters; grades of schoolships conducted under rules approved by the Secretary Commerce; and to men who have had 12 months' service on cIE sea or on the Great Lakes, if they meet the requirements of a spec examination.

By the provisions of this bill, no able seamen would be required in the deck crew of sail vessels of less than 500 tons registered tonnage. if the vessels do not carry passengers for hire and do not operate o side the line dividing inland waters from the high seas.

This problem is not new. In the Seventy-fifth Congress, operates of tugs and towboats were faced with the same situation, and by Public 647, the Congress provided an amendment to section 13 of the Seaman's Act, completely exempting tugs and towboats from the requirement that such vessels be manned by able seamen whie operating on bays and sounds.

During

Hearings were held in January 1940, and in February 1941. these hearings and in correspondence received by your committee. operators of sail vessels advised that it has been impossible to secure the services of men meeting the requirements of existing law. These vessels operate in a specialized trade. The type of vessel affected is different from the type of vessel contemplated by the present requirements of the Seaman's Act.

Few men can be found today who have had experience in the operation of sail vessels. Testimony before your committee has been to the effect that men qualified as able seamen on steam vessels are, in most cases, unsuitable to handle sail vessels. On the other hand, there are available for the operation of sail vessels, men who have had many years of experience handling this type of craft. These men, because much of their service has been on sail vessels of less than 100 tons, cannot qualify under the requirements for the issuance of able seaman's certificates, and it is felt by your committee that these men are peculiarly qualified to handle sailing vessels.

Your committee believes that in limiting the provisions of this bill to vessels not carrying passengers for hire and not operating on the high seas, safety standards have been adequately protected.

In 1939 the chairman of your committee received a communication signed by 94 persons asking that sailboats above 100 tons receive this relief. In that petition it was requested that an amendment be made to the marine law to abolish 65 percent able-bodied seamen, on sailing vessels over 100 tons for the inland waters, including bays and sounds and also rivers, and it was pointed out that if this existing marine law continued to be enforced, these boats would have to be laid up at a great loss, throwing a number of people out of work. In another letter it was said:

As you are aware, at the present time the law requires all vessels over 100 gross tons to carry 65 percent of deck crew as able-bodied seamen. Men with A. B. rating are practically unable to be gotten, due to the fact that crews operating this class vessel are, in practically all cases, men who have done nothing but navigate inland waters all of their lives, have just grown up in this line of endeavor, and are unable to pass the requirements necessary to obtain A. B. certificates. Crews who have A. B. tickets are mostly those who have followed the sea, received their training and experience on steamers traversing the high seas, and who know absolutely nothing about a sailboat or powerboat, which are used on inland water. There have been instances when men with A. B. ratings have been obtained for

crews of power and sailboats and who, because of their lack of training and practical experience, were of no use whatever on these small boats but were, no doubt, very capable men on steamers.

Another letter which throws light on this problem came from Albert F. Paul, of C. C. Paul & Co., ship brokers and commission merchants of Baltimore, Md., and reads as follows:

Our interest is in behalf of the sailing vessels now confined to inland waters between the Delaware Bay and North Carolina points.

There are about 18 sailing vessels which are over 100 gross tons register, of which 11 of these vessels are over 200 tons register. The masters of these vessels are competent men and most of them have been masters for 20 years or more. The men who assist in the operation of these boats have been following the water on these inland boats for a number of years and are suitable men for the operation of these vessels.

These vessels are supposed to carry 65 percent of deck crew A. B. seamen. In the first place, A. B. seamen cannot be had for these vessels and again, if A. B. seamen could be had, they are not suitable for the operation of these vessels, as they are largely steamboat men and not familiar with sailing vessels. The men now employed on these boats cannot secure A. B. tickets.

These vessels do not carry any passengers and are engaged in general freighting business, carrying principally lumber and fertilizer.

It is necessary that these vessels be exempted from the present regulations or most of them will not be able to operate, thereby throwing a considerable number of men out of employment.

During hearings before your committee the representative of the Bureau of Marine Inspection and Navigation advised that the Department of Commerce had made several investigations from time to time and was of the opinion that able seamen who are trained in sailing vessels are very few and far between, and that men who are actually trained on the sailing vessels do a much better job in their navigation and they are much more dependable in emergency.

Your committee believe that this bill seeks to remedy a situation affecting only a small number in a limited class of vessels and recommends the enactment of the legislation.

The letter of the Assistant Secretary of Commerce relating to H. R. 7339 follows:

Hon. S. O. BLAND,

DEPARTMENT OF COMMERCE,
OFFICE OF THE SECRETARY,
Washington, January 8, 1940.

Chairman, Committee on Merchant Marine and Fisheries,

House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: Reference is made to your letter of July 25, 1939, concerning H. R. 7339, a bill to exempt sail vessels from the provisions of section 13 of the act of March 4, 1915, as amended, requiring the manning of certain merchant vessels by able seamen, and for other purposes, in which you request the views and recommendations of the Department with respect thereto.

The purpose of the bill is to relieve said vessels from present statutory requirements for manning by able seamen. Great difficulty has apparently been experienced by owners of sail vessels in securing able seamen who are willing to serve on sail vessels and who are experienced in the operation of such vessels. On the other hand, there are many seamen who have served for a good many years on sail vessels and are, therefore, fully acquainted with their operation, but who, because they are not rated as able seamen, are ineligible to serve as such on sail vessels. This bill would require that 65 percent of the crews of sailing vessels on the high seas be composed of seamen who have had at least 6 months' experience in the deck crew of such vessels, thus insuring the manning of the vessel by an experienced crew, but removes the present requirement of law that 65 percent of the crew be able seamen. The bill further provides that sailing vessels carrying passengers for hire shall not be relieved from existing manning requirements.

It is noted that the bill does not provide any penalty for a violation of the provision requiring 65 percent of the crew of a sailing vessel to be composed of H. Repts., 77-1, vol. 2- -95