prosecution to recover penalties or relating to forfeitures denounced in such laws, excepting the penalty of imprisonment or of removal:from office, upon such terms as he, in his discretion, shall think proper; and all rights granted to informers by such laws shall be held subject to the Secretary's powers of remission, except in cases where the claims of any informer to the share of any penalty shall have been determined by a court of competent jurisdiction prior to the application for the remission of the penalty or forfeiture; and the Secretary shall have authority to ascertain the facts upon all such applications in such manner and under such regulations as he may deem proper. (Dec. 15, 1894; Mar. 2, 1896; Feb. 14, 1903.) Refunding of Penalties Relating to Vessels or Seamen.

(June 26, 1884, sec. 26; 23 Stat. 59; 18 U. S. C. 643.) Whenever any fine, penalty, forfeiture, exaction, or charge arising under the laws relating to vessels or seamen has been paid to any collector of customs or consular officer, and application has been made within one year from such payment for the refunding or remission of the same, the Secretary of Commerce, if on investigation he finds that such fine, penalty, forfeiture, exaction, or charge was illegally, improperly, or excessively imposed, shall have the power, either before or after the same has been covered into the Treasury, to refund so much of such fine, penalty, forfeiture, exaction, or charge as he may think proper, from any moneys in the Treasury not otherwise appropriated. (Feb. 14, 1903, sec. 10.)

Note.-Effective July 1, 1935, this section was affected by act of June 26, 1934, sec. 18. See 31 U.S. C. 725q.

Chapter II.-INSPECTION OF VESSELS 1

Vessels Subject to Inspection.

(R. S. 4399–46 U. S. C. 361.) Every vessel subject to inspection propelled in whole or in part by steam or by any other form of mechanical or electrical power shall be considered a steam vessel within the meaning of and subject to all of the provisions of this Act: Provided, however, That motorboats as defined in the Act of Apr. 25, 1940 (46 U. S. C. 526q), are exempt from the provisions of this Act. (June 13, 1933.)

(R. S. 4400—46 U. S. C. 362.) All steam vessels navigating any waters of the United States which are common highways of commerce or open to general or competitive navigation, excepting public vessels of the United States, vessels of other countries, and boats propelled in whole or in part by steam for navigating canals, shall be subject to the provisions of this Title. [See Aug. 18, 1914, sec. 2. p. 18.] (Aug. 7, 1882; Mar. 1, 1895; Feb. 15, 1902; Mar. 17, 1906, Mar. 4, 1913.)

Vessels of Maritime Commission.

(Oct. 25, 1919; 41 Stat. 305; 46 U. S. C. 363.) All steam vessels owned or operated by the United States Maritime Commission, or any Corporation organized or controlled by it, shall be subject to all, the provisions of Title LII of the Revised Statutes of the United States for the regulation of steam vessels and acts amendatory thereof or supplemental thereto.

Note. Under the Act of June 29, 1936, sec. 204 (46 U. S. C. 1114), all the functions, powers, and duties vested in the former United States Shipping Board by the Shipping Act, 1916, the Merchant Marine Act, 1920, the Merchant Marine Act, 1928, the Intercoastal Shipping Act 1933, and amendments to those acts, and formerly vested in the Department of Commerce pursuant to section 12 of the President's Executive order of June 10, 1933, were transferred to the United States Maritime Commission.

Foreign Steam Passenger Vessels.

(R. S. 4400-46 U. S. C. 362.) And all foreign private steam vessels carrying passengers from any port of the United States to any other place or country shall be subject to the provisions of sections 4417, 4418, 4421, 4422, 4423, 4424, 4470, 4471, 4472, 4473, 4479, 4482 4488, 4496, 4497, 4499, and 4500 of this Title [LII], and shall be liable to visitation and inspection by the proper cfficer, in any of the ports of the United States, respecting any of the provisions of the sections aforesaid: Provided, however, That when such foreign passenger steamers belong to countries having inspection laws approximating those of the United States, and have unexpired certificates of inspection issued by the proper authorities in the respective countries to which they belong, they shall be subject to no other inspection than

1 See Introduction for certain changes in administration.

536976°-43- -3

17

necessary to satisfy the local inspectors that the condition of the vessel, her boilers, and her life-saving equipments are as stated in the current certificate of inspection; but no such certificate of inspection shall be accepted as evidence of lawful inspection except when presented by steam vessels of other countries which have by their laws accorded to the steam vessels of the United States visiting such countries the same privileges accorded herein to the steam vessels of such countries visiting the United States; it being further provided that there shall be collected and paid into the Treasury of the United States the same fees for the inspection of foreign passenger steamers carrying passengers from the United States that any foreign nation shall charge the merchant vessels of the United States trading to the ports of such nationality; it being further provided that the Secretary of Commerce shall have the power to waive at any time the collection of such fees upon due notice of the proper authorities of any country concerned that the collection of fees for the inspection of American steam merchant vessels has been discontinued.

It is further provided that the Secretary of Commerce may, in his discretion, permit any foreign passenger steamer coming within the provisions of this Act whose foreign certificate of inspection shall have expired at sea since last leaving the country to which said vessel belongs, or while said vessel shall have been in a port of the United States, to sail upon her regular route without undergoing any further inspection than would have been required had said foreign certificate of inspection been in force: Provided, however, That such discretion shall be exercised only with respect of vessels operated upon regularly established lines, and in cases where such foreign passenger steamers will be regularly inspected by the authorities of her home government before her next return to a port of the United States. (Mar. 17, 1906, sec. 1.)

(Note-See Chapter IV.-International Convention for Safety of Life at Sea, p. 89.)

Inspection of Registered Foreign-built Vessels.

(Mar 3, 1897, sec. 14; 29 Stat. 690; 46 U.S. C. 366.) The Secretary of Commerce be, and he is hereby, authorized to direct the inspection of any foreign vessel, admitted to American registry, its steam boilers, steam pipes, and appurtenances, and to direct the issue of the usual certificate of inspection, whether said boilers, steam pipes, and appurtenances are or are not constructed pursuant to the laws of the United States, or whether they are or are not constructed of iron stamped pursuant to said laws. The tests in the inspection of such boilers, steam pipes, and appurtenances shall be the same in all respects as to strength and safety as are required in the inspection of boilers constructed in the United States for marine purposes. (Feb. 14, 1903, sec. 10; Mar. 4, 1913, sec. 1.)

Suspension of Provisions as to Survey, Inspection, and Measurement.

(Aug. 18, 1914, sec. 2; 38 Stat. 699; 46 U. S. C. 82.) The President of the United States is authorized, whenever in his discretion the needs of foreign commerce may require, to suspend by order, so far and for such length of time as he may deem desirable, the provisions of the law requiring survey, inspection, and measurement by officers

of the United States of foreign-built vessels admitted to American registry under this Act (46 U. S. C. 11).

(Mar. 27, 1942, sec. 501; 56 Stat. 180; 50 U. S. C. 635.) The head of each department or agency responsible for the administration of the navigation and vessel inspection laws is directed to waive compliance with such laws upon the request of the Secretary of the Navy or the Secretary of War to the extent deemed necessary in the conduct of the war by the officer making the request. The head of such department or agency is authorized to waive compliance with such laws to such extent and in such manner and upon such terms as he may prescribe either upon his own initiative or upon the written recommendation of the head of any other Government agency whenever he deems that such action is necessary in the conduct of the war.

AUTHORIZING THE SECRETARY OF COMMERCE TO WAIVE COMPLIANCE WITH THE NAVIGATION AND VESSEL INSPECTION LAWS FOR WAR PURPOSES

(Executive Order No. 8976; 6 F. R. 6441)

1

By virtue of the authority vested in me by the Constitution and Statutes of the United States as President of the United States and Commander-in-Chief of the Army and Navy, and to further the successful prosecution of the war, it is hereby ordered as follows:

1. The Secretary of Commerce is directed to waive compliance with the navigation and vessel inspection laws upon the request of the Secretary of the Navy or the Secretary of War to the extent deemed necessary in the conduct of the war by the officer making the request. 2. The Secretary of Commerce is authorized to waive compliance with the navigation and vessel inspection laws to such extent and in such manner and upon such terms as he may prescribe, either upon his own initiative or upon the written recommendation of the head of any other Government agency that such action is necessary in the conduct of the war.

FRANKLIN D. ROOSEVELT

Pilotage of Coastwise and Great Lakes Vessels.

(R. S. 4401—46 U.S. C. 364.) All coast wise seagoing vessels, and vessels navigating the great lakes, shall be subject to the navigation laws of the United States, when navigating within the jurisdiction thereof; and all vessels, propelled in whole or in part by steam, and navigating as aforesaid, shall be subject to all the rules and regulations established in pursuance of law for the government of steam vessels in passing, as provided by this Title [R. S. 4399–4500]; and every coastwise seagoing steam vessel subject to the navigation laws of the United States, and to the rules and regulations aforesaid, not sailing under register, shall, when under way, except on the high seas, be under the control and direction of pilots licensed by the inspectors of steamboats.

Inspection of Hulls and Equipment.

(R. S. 4417-46 U. S. C. 391.) The local inspectors shall, once in every year, at least, carefully inspect the hull of each steam vessel

1 See Introduction for certain changes in administration.

within their respective districts, and shall satisfy themselves that every such vessel so submitted to their inspection is of a structure suitable for the service in which she is to be employed, has suitable accommodations for passengers and the crew, and is in a condition to warrant the belief that she may be used in navigation as a steamer, with safety to life, and that all the requirements of law in regard to fires, boats, pumps, hose, life preservers, floats, anchors, cables, and other things are faithfully complied with; and if they deem it expedient they may direct the vessel to be put in motion, and may adopt any other suitable means to test her sufficiency and that of her equipment. The local inspectors shall, once in every year, at least, carefully inspect the hull of each sail vessel of over seven hundred tons carrying passengers for hire and all other vessels and barges of over one hundred tons burden carrying passengers for hire within their respective districts, and shall satisfy themselves that every such vessel so submitted to their inspection is of a structure suitable for the service in which she is to be employed, has suitable accommodations for the crew, and is in condition to warrant the belief that she may be used in navigation with safety to life: Provided, That vessels while laid up and dismantled and out of commission may, by regulations established by the Board of Supervising Inspectors, with the approval of the Secretary of Commerce, be exempted from any or all inspection under sections 4417, 4418, 4426, 4427. Whenever any inspector or assistant inspector shall, in the performance of his duty, find on board any vessel subject to the provisions of this Title [R. S. 4399-4500] as part of the required equipment thereof, any equipment, machinery, apparatus, or appliances not conforming to the requirements of law, he shall require the same to be placed in proper condition by the owner or master of the said vessel, if possible; and if said inspector or assistant inspector shall find on board any such vessel any life preservers or fire hose so defective as to be incapable of repair, he shall require that the same be destroyed in his presence by such owner or master. And in any of the foregoing cases local inspectors by whom or under whose supervision said vessel is then being inspected shall have power to enforce the foregoing requirements by revoking the certificate of the said vessel, and by refusing to issue a new certificate to the said vessel until the said requirements shall have been fully complied with or until such action of the local inspectors shall have been reversed, modified, or set aside by the supervising inspector of the district on proper appeal by the owner or master of said vessel, which appeal shall be made to the said supervising inspector within ten days after the final action as aforesaid by the local inspectors; and upon such appeal, duly made, the supervising inspector shall have power to affirm, modify, or set aside such action by the local inspectors. (Dec. 21, 1898, sec. 4; Mar. 3, 1905, sec. 1; Mar. 4, 1913.) [See Aug. 18, 1914, p. 18.]

Tank Vessels.

(R. S. 4417a-46 U. S. C. 391a.) (1) All vessels, regardless of tonnage, size, or manner of propulsion, and whether self-propelled or not, and whether carrying freight or passengers for hire or not, that shall have on board any inflammable or combustible liquid cargo in bulk, except public vessels owned by the United States, other than