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Title 46 Shipping

and now operated by Pacific Micronesian
Lunes, Ind., or other vessels which may
be used at suostitutes for such resselain
the Trust Territory of the Pantip Is-
lands, as well as between the Trust Ter-
rivory of the Pacific Islands, and at the
ports of the United States, including its
territories and possessions, and foreign
ports. In the case of United States reg-
istered vessels, the making of repairs,
alterations or replacements in foreign
Countries applies only to structural fea-
tures and not to portable equipment re-
quiring U.S. Coast Guard type approval.
This waiver shall be in effect from July
18, 1962, to and including June 30, 1963.
10GFE 62-23, 27 FR. 7687, Aug. 2, 1962]
Prior Amendments

1958: 28 FR. 4456, June 20.
1959: 24 PR. 4888, June 18.
1960: 25 FR. 6139, June 30,
1981: 20 FR. 5998, July 4.

154.73 M.V. Chicot."

CODIFICATION: 154.73 was added by CGFR 61-4, 26 PR. 1664, Feb. 25, 1961, and expired by its own terms.

§ 154.75
203147.

M.V. Four Winds", O.N.

(a) Pursuant to the request of the Assistant Secretary of Defense, Installations and Logistics, in a letter dated April 22, 1961, made under the provisions of section 1 of the Act of December 27, 1950 (64 Stat. 1120; 46 US.C. note prec. 1), and a delegation of authority from the Secretary of Defense, I hereby waive, as deemed necessary in the interest of national defense by the Assistant Secretary of Defense, compliance with certain provisions of the navigation and vessel inspection laws administered by the Coast Guard, as well as the regulations issued thereunder and published in 33 CFR Chapter I or in this chapter, to the extent necessary to permit the "M.V. Four Winds", O.N. 203147, owned by Bruan Shipping Corporation, P.O. 964, Agana, Guam, Marianas Islands, to have a certificate of inspection for an "ocean" route, and permission to operate so long as such vessel is in compliance with the applicable laws and the following minimums for certain manning and employment requirements in lieu of those prescribed in law:

(1) The master shall be in possession of an appropriate master's license and

merchant mariner's documen a
the DS Coast Guard

7 The master and preve
that have security clearancer E
the appropriate U.S. miktar
Laving security control over Gus
its waters.

(3) U.E. citizens who de ap the appropriate Coast Guard in and or merchant mariner's dor required by law, and whose and or merchant mariner's docum are not now either suspended or rem may be employed as crew memb the extent found necessary by the Ob in Charge, Marine Inspection. Gam (4) Aliens, except as set forth paragraph (1) of this paragraph, me employed as crew members to the ex found necessary by the Officer in Char Marine Inspection, Guam.

(5) To permit the employment, st
ment, and or discharge of officers a
crew members, and/or payment of was
to officers and crew members, to be und
the supervision of the vessel's master
long as the master shall report the ship
ment and discharge of seamen, etc., a
the Coast Guard in the same manner an
under the same procedures as require
when seamen are not shipped or dis
charged before a Coast Guard official or
in the presence of a United States Con-
sular Officer, and the master shall sub-
mit such information on Form CG-735T
for each completed, round-trip voyage to
a port or ports outside the Marianas
Islands, or for each quarter or for each
shorter period of time when the vessel's
operations are confined exclusively to the
Marianas Islands, so that reports on
Form CG-735T will cover the entire time
such vessel is in operation.

(b) This waiver order shall be in effect
to and including June 30, 1962, unless
sooner terminated by proper authority.
(Sec. 1, 64 Stat. 1120; 46 U.S.C., note prec. 1)
CODIFICATION:
GCFR 60-20, 25 F.R. 2756, Apr. 1, 1960, and
§ 154.75
subsequently revised by CGFR 61-19, 26 F.R.
added by
4097, May 12, 1961.

§ 154.76

364).

was

"M.V. Sirena" (formerly FS

[Added by CGFR 60-20, 25 F.R. 2757,
Apr. 1, 1960; revoked by CGFR 61-4, 26
F.R. 1665, Feb. 25, 1961]

Page 6

Title 46-Shipping

(Part 150 to End)

CHAPTER I-Coast Guard, Department of the Treasury (continued)

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CHAPTER II—Maritime Administration, Department of Commerce

201

CHAPTER II-Great Lakes Pilotage Administration, Department of Com

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Subpart 157.15-Manning
Requirements

§ 157.15-1 Complement required by Certificate of Inspection.

(a) After inspecting a vessel pursuant to law and applicable regulations in this chapter, the Officer in Charge, Marine Inspection, shall specify in the Certificate of Inspection of all vessels except public nautical school ships the minimum complement of officers and crew necessary for the safe navigation of the vessels.

NOTE: Manning requirements for public nautical school ships are covered by § 167.60-15 of Subchapter R (Nautical Schools) of this chapter.

(b) The manning requirements for a particular vessel are determined by the Officer in Charge, Marine Inspection, after a thorough consideration of the applicable laws cited in § 157.01-10(b) and the regulations in this part together with the many factors involved, such as size, type, proposed routes of operation, cargo carried, type of business in which employed, etc.

(c) One of the criteria used for invocation of manning standards is the description of passenger vessels and public nautical school ships by relative sizes in gross tonnages. When it is determined under § 70.05-20 or § 167.01-8 of this chapter that a particular vessel has a Bureau of Customs' assigned gross register tonnage which is not indicative of the relative physical size of the vessel, the manning shall be that applicable to a vessel of the greater relative size. [CGFR 61-14, 26 F.R. 3926, May 5, 1961] Prior Amendments

1960: 25 F.R. 7982, Aug. 18.

Subpart 157.20—Computations

§ 157.20-15 Able seamen.

(a) What vessels affected. (1) The provisions of section 13 of the Seamen's Act of 1915, as amended (46 U.S.C. 672), relating to able seamen apply to all merchant vessels of the United States of 100 gross tons and upward except:

(i) Those vessels navigating rivers exclusively and the smaller inland lakes;

(ii) As provided in R.S. 4516, as amended (46 U.S.C. 569), such vessels may ship seamen to replace those lost by

desertion or casualty without incurring the prescribed penalty;

(iii) Unrigged vessels (other than seagoing barges) (46 U.S.C. 672b);

(iv) Sail vessels of less than 500 net tons (46 U.S.C. 672-1), while not carrying passengers for hire and while not operating outside the line dividing inland waters from the high seas, established in accordance with section 2 of the Act of February 19, 1895, as amended (33 U.S.C. 151); and,

(v) Tugs and towboats on the bays and sounds connected directly with the seas (46 U.S.C. 672b).

(R.S. 4405, as amended, 4462, as amended; 46 U.S.C. 375, 416. Interpret or apply sec. 2, 38 Stat. 1164, as amended, sec. 13, 38 Stat. 1169, as amended, sec. 7, 49 Stat. 1936, as amended, sec. 1, 52 Stat. 753, as amended, 55 Stat. 579; 46 U.S.C. 673, 672, 689, 672b, 672-1) [Paragraph (a) amended, CGFR 61-57, 26 F.R. 12083, Dec. 16, 1961]

§ 157.20-32 Radar observers.

(a) Every radar equipped vessel of 300 gross tons and over which, on or after May 1, 1962, is issued a Certificate of Inspection for the navigation on ocean, coastwise, or Great Lakes waters shall have in its required complement of deck officers (including the master) only officers who have qualified as "radar observers." (See § 10.05-46 in Subchapter B (Merchant Marine Officers and Seamen) of this chapter for information concerning "radar observers.")

(R.S. 4417a, as amended, 4453, as amended 4463, as amended, secs. 1, 2, 49 Stat. 1544, 1545, as amended, sec. 3, 54 Stat. 347, and sec. 3, 68 Stat. 675; 46 U.S.C. 391a, 435, 222, 867, 1333, 50 U.S.C. 198) [CGFR 60-30, 25 F.R. 3969, May 6, 1960]

§ 157.20-45 Lookouts.

(a) The requirements for proper lookouts are in the various "Rules of the Road," i.e., Rule 29 of the "International Rules" (33 U.S.C. 147a), Article 29 of the "Inland Rules" (33 U.S.C. 221), Rule 28 of the "Great Lakes Rules" (33 U.S.C. 293) and Rule Numbered 26 of the "Western Rivers Rules" (33 U.S.C. 351). [CGFR 59-41, 24 F.R. 7960, Oct. 2, 1959] Subpart 157.30-Special Provisions § 157.30-7 Passenger vessels of not more than 65 feet in length. (a) Regulations governing manning requirements on inspected passenger

vessels of not more than 65 feet in length are contained in Part 186 of Subchapter T of this chapter.

(Sec. 3, 70 Stat. 152; 46 U.S.C. 390b) [CGFR 58-8, 23 F.R. 2609, Apr. 19, 1958]

§ 157.30–10 Officers for uninspected vessels.

(a) For the purpose of this section and R.S. 4438a, as amended (46 U.S.C. 224a), the definitions of the following expressions, which are the same as those set forth in Article 2 of the Officers' Competency Certificates Convention, 1936,

are:

(1) "Master" means any person having command or charge of a vessel.

(2) "Navigating officer in charge of the watch" means any person, other than a pilot, who is for the time being actually in charge of the navigation or maneuvering of a vessel.

(3) "Chief engineer" means any person permanently responsible for the mechanical propulsion of a vessel.

(4) "Engineer officer in charge of the watch" means any person who is for the time being actually in charge of the running of a vessel's engines.

(b) Every vessel, however propelled, 200 gross tons or over and navigating the high seas and subject to the provisions of R.S. 4438a, as amended (46 U.S.C. 224a), shall have officers licensed by the Coast Guard. No person shall be engaged to perform or shall perform on board any such vessel, the duties of master, chief engineer, or watch officer deck or engineer unless he holds a valid license issued by the Coast Guard attesting to his qualifications to perform such duties.

(c) The phrase "no person shall be engaged to perform, or shall perform on board any vessel to which this section applies, the duties of master, mate, chief engineer or assistant engineer, unless he holds a license to perform such duties" in subsection (4) of R.S. 4438a, as amended (46 U.S.C. 224a), shall be considered to mean that if an uninspected vessel engages on a voyage of such length and character that the licensed master and licensed chief engineer manifestly and physically cannot be in charge of the watch continuously, the failure to have on board two licensed deck officers (one a master) and two licensed engineers (one a chief engineer) on the ves

sel's return shall be considered to be a prima facie violation of R.S. 4438a, as amended.

(R.S. 4405, as amended, 4462, as amended; 46 U.S.C. 375, 416. Interpret or apply R.S. 4438a, as amended; 46 U.S.C. 224a) [CGFR 61-14, 26 F.R. 3926, May 5, 1961]

§ 157.30-30 Licensed operators for uninspected vessels subject to the act of April 25, 1940, as amended.

(a) Every motorboat, as defined by the act of April 25, 1940, as amended (46 U.S.C. 526), and any other vessel of fifteen gross tons or less propelled by machinery other than steam, while carrying passengers for hire, shall be operated or navigated by a person duly licensed for such service by the Coast Guard. This licensed operator shall be in charge of such motorboat or vessel, regardless of whether or not the passengers carried for hire are on such motorboat or vessel or are carried on a non-self-propelled vessel being towed or pushed by such motorboat or vessel.

(b) A license as master, chief mate, second mate or third mate of ocean and coastwise inspected vessels or a license as ocean operator issued under the act of May 10, 1956 (70 Stat. 151-154, 46 U.S.C. 390-390g) will authorize the holder to serve as an operator of a motorboat, or other vessel of fifteen gross tons or less, propelled by machinery other than steam, under the Act of April 25, 1940, as amended, on the class vessel, waters, and within other restrictions in his license.

(c) A license as master, mate or pilot of inspected vessels on waters other than ocean and coastwise waters, or a license as master, mate or pilot of yachts on the Great Lakes, other lakes, bays and sounds or rivers, or a license as operator issued under the act of May 10, 1956, will authorize the holder to serve as an operator of a motorboat, or other vessel of fifteen gross tons or less propelled by machinery other than steam, under the act of April 25, 1940, as amended, on the class vessel, waters, and within other restrictions in his license.

(d) Operation of vessels by licensed personnel on routes and in capacities lower than those described on the license held will be permitted as provided in Table 157.30-30 (d) without obtaining additional license for the lower route or capacity.

SUBCHAPTER T-SMALL PASSENGER VESSELS (NOT MORE THAN

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SUBCHAPTER O-REGULATIONS APPLICABLE TO CERTAIN VESSELS DURING EMERGENCY

PART 154 WAIVERS OF NAVIGATION AND VESSEL INSPECTION LAWS AND REGULATIONS 1

Sec.

154.06 Vessels operated by or chartered to Military Sea Transportation Service. [Added]

154.07 Chronological record of seaman's previous employment. [Amended] 154.35 Department of the Interior vessels operated by Pacific Micronesian Lines, Inc. [Revised]

154.73 154.75

M.V. Chicot. [Added; Expired]
"M.V. Four Winds", O.N. 203147.
[Added; Revised]

154.76 "M.V. Sirena" (formerly FS-364). [Added; Revoked]

§ 154.06 Vessels operated by or chartered to Military Sea Transportation Service. (a) Pursuant to the request of the Deputy Secretary of Defense, dated August 6, 1958, made under the provisions of section 1 of Public Law 891, 81st Congress, approved December 27, 1950 (64 Stat. 1120; 46 U. S. C., note preceding 1), and his finding that a waiver is necessary in the interest of national defense, compliance with the provisions of the navigation and vessel inspection laws administered by the United States Coast Guard,

This is also codified as 33 CFR Part 19.

as well as the regulations issued thereunder and contained in 33 CFR Chapter I, or in this chapter, is hereby waived to the extent and upon the terms and conditions as set forth in this section, in order to permit vessels operated by or chartered on a time or voyage basis to the Military Sea Transportation Service to carry out their assigned missions in support of troops deployed under emergency conditions.

(b) An application requesting that this waiver be made effective with respect to a particular vessel may be made by the Commander, Military Sea Transportation Service, or any one of his duly designated representatives. Except as provided in paragraph (e) of this section, the application shall be in writing. The application shall be delivered to the Coast Guard District Commander or to his designated representative at the port or place where the vessel is located. In the case of a vessel in any foreign port or place, the application shall be made to the designated representative of the Commandant at such port or place, or if the Coast Guard has not established facilities in such port or place, to the nearest designated representative of the Commandant at a port or place where

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