tered pilot in the waters designated by the President pursuant to section 216a(a) of this title or who permits the navigation of the vessel without having on board a registered pilot or other officer in the waters described in section 216a(b) of this title shall be liable to the United States in a civil penalty not exceeding $500 for each violation. Each day the vessel shall be so navigated shall constitute a separate violation. (b) Persons not registered pilots; offenses

Any person, not a registered pilot, who directs the navigation of a vessel subject to this chapter in the waters designated by the President pursuant to section 216a(a) of this title, shall be subject to a civil penalty in an amount not exceeding $500 for each violation. Each day such person so directs the navigation of such vessel shall constitute a separate violation.

(c) Regulations

A person who violates any regulation issued pursuant to sections 216b and 216c of this title shall be liable to the United States in a civil penalty not exceeding $500 for each violation. (d) Determination of amount of civil penalty; compromise; collection

Any person who is found by the Secretary, after notice and an opportunity for a hearing, to have violated any part of this chapter or a regulation issued hereunder shall be liable to the United States for the penalties as enumerated in this chapter. The amount of such civil penalty shall be assessed by the Secretary, or his designee, by written notice. In determining the amount of such penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require. The Secretary may compromise, modify, or remit, with or without conditions, any civil penalty which is subject to imposition or which has been imposed under this section. If any person fails to pay an assessment of a civil penalty after it has become final, the Secretary may refer the matter to the Attorney General of the United States, for collection in any appropriate district court of the United States.

(e) Liability in rem; enforcement

Any vessel subject to the provisions of this chapter, which is used in violation of this chapter or any regulation issued hereunder, shall be liable in rem for any civil penalty assessed pursuant to this chapter and may be proceeded against in the United States district court for any district in which such vessel may be found. (Pub. L. 86-555, § 7, June 30, 1960, 74 Stat. 261; Pub. L. 95-455, § 1(6)-(11), Oct. 13, 1978, 92 Stat. 1228, 1229.)

AMENDMENTS

1978-Subsec. (a). Pub. L. 95-455, § 1(6), (7), deleted enforcement provisions authorizing the seizure of vessels and proceeding against them by way of libel in any district court of the United States having jurisdiction for satisfaction of civil penalties imposed and calling for enforcement of such civil penalties by the head of the Department in which the Coast Guard is operating.

Subsec. (b). Pub. L. 95-455, § 1(8), deleted provision calling for enforcement of civil penalties by the head of the Department in which the Coast Guard is operating.

Subsec. (c). Pub. L. 95-455, § 1(9), deleted provision calling for enforcement of civil penalties by the Secretary and authorizing him to remit or mitigate any such penalties upon such terms as deemed appropriate.

Subsec. (d). Pub. L. 95-455, § 1(10), added subsec. (d). Subsec. (e). Pub. L. 95-455, § 1(11), added subsec. (e).

§ 216f. Operation without registered pilots

Notwithstanding any other provision of this chapter, a vessel may be navigated in the United States waters of the Great Lakes without a United States or Canadian registered pilot when

(a) the Secretary, or his designee, notifies the master that a United States or Canadian registered pilot is not available, or

(b) the vessel or its cargo is in distress or jeopardy.

(Pub. L. 86-555, § 8, June 30, 1960, 74 Stat. 261; Pub. L. 95-455, § 1(12), Oct. 13, 1978, 92 Stat. 1229.)

AMENDMENTS

1978-Subsec. (a). Pub. L. 95-455 deleted provision relating to concurrence of the head of the Department in which the Coast Guard is operating or his designee. SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 216g of this title.

§ 216g. State regulation of pilots (a) Prohibition

No State, municipal, or other local authority shall have any power to require the use of pilots or to regulate any aspect of pilotage in any of the waters specified in this chapter. (b) Applicability of other laws

Nothing in this chapter shall apply to any vessel of the United States which, in its navigation of waters to which this chapter is applicable, is required by any other Act to have in its service and on board pilots or other navigating officers licensed by the United States for such waters.

(c) Laker vessels

The exceptions in section 216f of this title applying to Canadian vessels shall be effective only so long as Canada permits enrolled vessels of the United States to be navigated on Canadian waters of the Great Lakes solely by qualified officers licensed by the head of the Department in which the Coast Guard is operating. (Pub. L. 86-555, § 9, June 30, 1960, 74 Stat. 262.)

TRANSFER OF FUNCTIONS

operate as part of the Navy in time of war or when the President directs as provided in section 3 of Title 14, Coast Guard. See section 108 of Title 49, Transportation.

§ 216h. Advisory Committee

(a) Membership; qualifications; term

The Secretary is authorized to appoint an Advisory Committee of three public members, each of whom shall have had at least five years of practical experience in maritime operations. The term for which a member may be appointed or reappointed shall not exceed five years. (b) Meetings; authority to review and recommend

The Advisory Committee shall meet at the call of the Secretary. The Advisory Committee may review proposed pilotage regulations and policies and make such recommendations as are deemed appropriate.

(c) Compensation; expenses

Members of the Advisory Committee shall be compensated at a rate not exceeding $75 per day when actually engaged in the performance of their duties, together with their necessary travel expenses while going to and from meetings and when engaged on business at the call of the Secretary.

Sec. 223. 224.

224a.

225.

226.

227.

228.

229.

229a.

229b.

229c.

229d.

229e.

229f.

229g.

229h.

(Pub. L. 86-555, § 10, June 30, 1960, 74 Stat. 262.)

230.

231.

232.

233.

234.

TERMINATION OF ADVISORY COMMITTEES Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the twoyear period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such two-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the two-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such twoyear period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees.

$216i. Use of Federal agency facilities on reimbursable basis

The Secretary may use, with their consent, the available services, equipment, personnel, and facilities of agencies and instrumentalities of the Federal Government, on a reimbursable basis when appropriate.

(Pub. L. 86-555, § 11, June 30, 1960, 74 Stat.

Minimum number of officers. Licensing and classification of officers; violations, penalties, and separate offenses. Officers' Competency Certificates Convention, 1936.

Licenses to officers of vessels of the United States; exemption from draft; pay and pension.

Licenses of captains.

Removal of captain by owners.

Licenses of mates.

Licenses of engineers.

Licenses of radiotelegraph operators as offi

cers.

Granting of licenses to radiotelegraph operators; necessity of carrying licensed operator; penalty.

Requirements for obtaining license for radiotelegraph operator; period of validity; suspension.

Working hours of radiotelegraph operators unaffected.

Oath of radiotelegraph operator; affirmation of application; perjury; penalty.

Exhibition of license of radiotelegraph operator.

Great Lakes radiotelegraph operators unaffected.

Number of radiotelegraph operators required by law on vessels unaffected.

Licenses of captains or mates as pilots.

Oath of licensed officers; perjury; alteration of certificate or license.

Exhibition of licenses.

Renewal of licenses.

Officers to assist in examinations; dismissal of official disclosing source of information. Watch duty of deck officers.

Suspension of provisions as to watch officers. Licenses to, and ownership of boats by, Indi

ans.

Certificate of eligibility for licenses to Indi

ans.

Investigation of marine casualties.

(a) Casualty involving loss of life; reports.

(b) Casualty not involving loss of life; classification.

(c) Omitted.

(d) Immediate investigation of conduct, violations and casualties; extent of investigation; right to counsel.

(e) Witnesses; subpoenas; oaths. (f) Payment of witness fees and ex

penses.

(g) Notice of time, place, and subject of
investigation; record of testimony
and findings; suspension or revoca-
tion of license or certificate.
(h) Evidence of criminal liability; trans-
mission to Attorney General; pros-
ecutions.

(i) Coercion or bribery of witness; penal-
ty; prosecution.

(j) Notification of hearings and submittal of information to Congressional committees.

(k) Rules and regulations.

(1) Effective date of section.

Narcotics violations; definitions.

VESSELS

239a.

239b.

Sec.

221.

Citizenship of master, chief engineer, or offi

cer in charge of deck or engineering watch upon documented vessel.

240.

222.

Complement of officers and crew of vessels; 241.

penalties.

Revocation or suspension of officer's license for refusal to serve.

Exception of certain vessels from Officers' Competency Certificates Convention.

Denial or revocation of seaman's document for narcotics violation.

Sec. 242.

243.

244.

245.

246.

247.

248. 249.

249a.

249b. 249c.

Registration of pursers, surgeons and professional nurses; creation of staff departments on vessels; medical division; purser's division.

Qualifications for registry of pursers, surgeons, and professional nurses. Oath or affirmation of pursers, surgeons, and professional nurses.

Insignia of pursers, surgeons, and professional nurses who are members of Naval Reserve.

Offenses and penalties.

(a) Employment of person without certificate.

(b) Alteration of certificate.

(c) Bad conduct; suspension or revocation of certificate. Rules and regulations concerning pursers, surgeons, and professional nurses. "Vessel of the United States" defined. Merchant Marine distinguished service and meritorious service medals; award; restriction.

Distinctive service ribbon bar; issuance; cost; replacements.

Ship citation; issuance; award of plaque; citation ribbon bar.

Regulations governing manufacture, sale, possession, or display of decorations; penalties.

§ 221. Citizenship of master, chief engineer, or officer in charge of deck or engineering watch upon documented vessel

Only a citizen of the United States may serve as master, chief engineer, or officer in charge of a deck watch or engineering watch on any vessel documented under the laws of the United States. However, if a documented vessel is deprived of the services of any officer, other than the master, while on a foreign voyage and a vacancy is thereby created, until the vessel's first return to a United States port where a United States citizen replacement can be obtained, a person who is not a citizen of the United States may serve in

(1) the vacancy; or

(2) any vacancy resulting from the promotion of another to fill the original vacancy. (R.S. § 4131; June 26, 1884, ch. 121, § 1, 23 Stat. 53; May 28, 1896, ch. 255, §§ 1, 3, 29 Stat. 188, 189; Dec. 24, 1980, Pub. L. 96-594, title I, § 126(a), 94 Stat. 3459.)

CODIFICATION

R.S. § 4131 derived from act Dec. 31, 1792, ch. 1, § 1, 1 Stat. 287.

R.S. § 4131, as originally enacted, was as follows: "Vessels registered pursuant to law, and no others, except such as shall be duly qualified, according to law, for carrying on the coasting trade and fisheries, or one of them, shall be deemed vessels of the United States, and entitled to the benefits and privileges appertaining to such vessels; but they shall not enjoy the same longer than they shall continue to be wholly owned by citizens and to be commanded by a citizen of the United States. And officers of vessels of the United States shall in all cases be citizens of the United States."

It was amended by act June 26, 1884, by changing the last clause to read as follows: "All the officers of vessels of the United States shall be citizens of the United States, except that in cases where, on a foreign voyage, or on a voyage from an Atlantic to a Pacific port of the United States, any such vessel is for any

reason deprived of the services of an officer below the grade of master, his place, or a vacancy caused by the promotion of another officer to such place, may be supplied by a person not a citizen of the United States until the first return of such vessel to its home port; and such vessel shall not be liable to any penalty or penal tax for such employment of an alien officer."

It was again amended by act May 28, 1896, § 1, to read as set forth in this section with the exception of the last sentence. Section 3 of that act repealed conflicting laws, but provided that this should not be construed to modify or repeal the provision of the act June 26, 1884, therein quoted, and set forth as the last sentence of this section.

Aliens who had declared their intention to become citizens of the United States, and who had had a permanent residence in the United States for at least six months immediately prior to the granting of a license, were entitled to be licensed, as if already naturalized, to serve as engineers or pilots upon any steam-vessel, subject to inspection under the provisions of act Feb. 28, 1871, ch. 100, 16 Stat. 440, which were incorporated into the Revised Statutes under Title LII, "Regulation of Steam-Vessels," by act Apr. 17, 1874, ch. 107, 18 Stat. 30. The act was superseded by this section, as amended by act May 28, 1896, § 1, to read as set forth here.

AMENDMENTS

1980-Pub. L. 96-594 substituted provisions relating to service of a citizen or a noncitizen as master, chief engineer, or officer in charge of the deck or engineering watch on a documented vessel for provisions defining vessels of the United States and officers and provisions respecting service of citizens and noncitizens as officers on registered vessels.

EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-594 effective on the first day of the eighteenth month following December, 1980, see section 128 of Pub. L. 96-594, set out as an Effective Date note under section 65 of this title.

CROSS REFERENCES

Coasting trade or fisheries, vessels of United States entitled to privileges of vessels employed in, see section 251 of this title.

General provisions as to documentation, see section 11 et seq. of this title.

Licenses to, and ownership of boats by, Indians though not citizens of the United States, see section 237 of this title.

Nationality and naturalization, see section 1401 et seq. of Title 8, Aliens and Nationality.

Nationality of officers and crew of vessels of United States, see sections 672, 672a, and 1132 of this title.

President may suspend requirement that watch of vessels shall be United States citizens, see section 236 of this title.

Staff officer, only United States citizens as, see section 242 of this title.

separately stated, which may be changed from time to time by indorsement on such certificate by the Coast Guard by reason of change of conditions or employment. Such entry or indorsement shall be subject to a right of appeal, under regulations to be made by the Commandant of the Coast Guard, to the Commandant of the Coast Guard, who shall have the power to revise, set aside, or affirm the said determination.

If any such vessel is deprived of the services of any number of the crew including certificated lifeboat men, separately stated, without the consent, fault, or collusion of the master, owner, or any person interested in the vessel, the vessel may proceed on her voyage if, in the judgment of the master, she is sufficiently manned for such voyage: Provided, That the master shall ship, if obtainable, a number equal to the number of those whose services he has been deprived of by desertion or casualty, who must be of the same grade or of a higher rating with those whose places they fill. If the master shall fail to explain in writing the cause of such deficiency in the crew including certificated lifeboat men, separately stated, to the Coast Guard within twelve hours of the time of the arrival of the vessel at her destination, he shall be liable to a penalty of $50. If the vessel shall not be manned as provided in this section, the owner shall be liable to a penalty of $100, or in case of an insufficient number of licensed officers to a penalty of $500.

(R.S. § 4463; Apr. 2, 1908, ch. 123, § 1, 35 Stat. 55; Mar. 3, 1913, ch. 118, § 1, 37 Stat. 732; Mar. 4, 1915, ch. 153, § 14, 38 Stat. 1182; May 11, 1918, ch. 72, § 1, 40 Stat. 548; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097.)

REFERENCES IN TEXT

Title 52 of the Revised Statutes, referred to in text, consists of R.S. §§ 4399 to 4500, which are classified to sections 170, 214, 215, 222, 224, 224a, 226, 228, 229, 230 to 234, 239, 240, 361, 362, 364, 371 to 373, 375 to 382, 384, 385, 391, 391a, 392 to 394, 399 to 404, 405 to 416, 435 to 440, 451 to 453, 460, 461 to 463, 464, 466, 467 to 482, and 489 to 498 of this title. For complete classification of R.S. §§ 4399 to 4500 to the Code, see Tables.

CODIFICATION

R.S. § 4463 derived from act Feb. 28, 1871, ch. 100, 14, 16 Stat. 446.

R.S. § 4463, as enacted, was as follows: "No steamer carrying passengers shall depart from any port unless she shall have in her service a full complement of licensed officers and full crew, sufficient at all times to manage the vessel, including the proper number of Watchmen. But if any such vessel, on her voyage, is deprived of the services of any licensed officer, without the consent, fault, or collusion of the master, owner, or any person interested in the vessel, the deficiency may be temporarily supplied, until others licensed can

be obtained."

It was amended by act Apr. 2, 1908, to read as set forth here, except for the subsequent changes hereinafter mentioned. As so amended the last sentence of the section read: "If the vessel shall have been insufficiently manned in the judgment of the local inspectors, the master shall be liable to a penalty of one hundred dollars, or in case of an insufficient number of licensed officers to a penalty of five hundred dol

lars."

The proviso was inserted, and the last sentence of the section was changed to read as set forth here, by

amendment by act Mar. 3, 1913; and the words "including certificated lifeboat men, separately stated." were added to the section following the word "crew." wherever said word occurred in the section, by act Mar. 4, 1915.

The amendment by act May 11, 1918, consisted in changing the word "any," at the beginning of the section, to "no," in striking out the word "not," after the words "of the United States shall," and in striking out the words "and Labor," after the words "Secretary of Commerce."

TRANSFER OF FUNCTIONS

The Coast Guard was transferred to the Department of Transportation, and all functions, powers, and duties relating to the Coast Guard of the Secretary of the Treasury and of other officers and offices of the Department of the Treasury were transferred to the Secretary of Transportation by Pub. L. 89-670, § 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2) of Pub. L. 89-670, however, provided that notwithstanding such transfer of functions, the Coast Guard shall operate as part of the Navy in time of war or when the President directs as provided in section 3 of Title 14, Coast Guard. See section 108 of Title 49, Transportation.

For transfer of functions of other officers, employees, and agencies of the Department of the Treasury, with certain exceptions, to the Secretary of the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees. Functions of the Coast Guard, and the Commandant of the Coast Guard, were excepted from transfer when the Coast Guard is operating as part of the Navy under sections 1 and 3 of Title 14.

"Coast Guard" was substituted for "local inspectors who inspect the vessel" in first sentence and for "local inspectors" in second sentence and in second paragraph, and third sentence of first paragraph was changed to provide for appeal to the Commandant of the Coast Guard under regulations of the Commandant instead of appeal under regulations of the Secretary of Commerce to the supervising inspector and from him to the Director of the Bureau of Marine Inspection and Navigation, on authority of Reorg. Plan No. 3 of 1946, §§ 101-104, set out as a note under section 1 of this title.

CROSS REFERENCES

Licenses of radiotelegraph operators as officers, see sections 229a to 229h of this title. Watches, requirements as to, see section 673 of this

title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 229a, 673 of this title.

vessel is being navigated, unless such vessel is engaged in a run of less than four hundred miles from the port of departure to the port of final destination, then such vessel shall have two licensed mates; and every vessel of two hundred gross tons and less than one thousand gross tons, propelled by machinery, shall have two licensed mates.

Every such vessel of one hundred gross tons and under two hundred gross tons, propelled by machinery, shall have on board and in her service one licensed mate, but if such vessel is engaged in a trade in which the time required to make the passage from the port of departure to the port of destination exceeds twenty-four hours, then such vessel shall have two licensed mates.

An offshore supply vessel, as defined in section 404-1 of this title shall, when on a voyage of less than six hundred miles, have on board and in her service one licensed mate, but if any such vessel is engaged on a voyage of six hundred miles or more, then such vessel shall have two licensed mates.

Nothing in this section shall be so construed as to prevent the Coast Guard from increasing the number of licensed officers on any vessel subject to the inspection laws of the United States, if, in its judgment, such vessel is not sufficiently manned for her safe navigation: Provided, That this section shall not apply to fishing or whaling vessels, yachts, or motor boats as defined in the Act of April 25, 1940, c. 155, 54 Stat. 163 [46 U.S.C. 526 et seq.], or to wrecking vessels.

(May 11, 1918, ch. 72, § 2, 40 Stat. 549; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; Oct. 6, 1980, Pub. L. 96-378, § 6, 94 Stat. 1518.)

REFERENCES IN TEXT

The Act of April 25, 1940, ch. 155, 54 Stat. 163, referred to in text, is popularly known as the Motorboat Act of 1940, which is classified generally to subchapter II (§ 526 et seq.) of chapter 16 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 526 of this title and Tables.

PRIOR PROVISIONS

This section superseded act Mar. 3, 1913, ch. 118, § 2, 37 Stat. 733, which was identical with this section, with the exception of the words "or to wrecking vessels," at the end of this section.

AMENDMENTS

1980-Pub. L. 96-378 added fifth par. requiring offshore supply vessels to have on voyages less than six hundred miles one licensed mate and two such mates for longer distances and substituted "Act of April 25, 1940, c. 155, 54 Stat. 163" for "Act of June 9, 1910" in last par.

REPEAL OF INCONSISTENT LAWS

Section 4 of act May 11, 1918, repealed all inconsistent laws or parts of laws.

TRANSFER OF FUNCTIONS

The Coast Guard was transferred to the Department of Transportation, and all functions, powers, and duties relating to the Coast Guard of the Secretary of the Treasury and of other officers and offices of the Department of the Treasury were transferred to the

Secretary of Transportation by Pub. L. 89-670, § 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2) of Pub. L. 89-670, however, provided that notwithstanding such transfer of functions, the Coast Guard shall operate as part of the Navy in time of war or when the President directs as provided in section 3 of Title 14, Coast Guard. See section 108 of Title 49, Transportation.

For transfer of functions of other officers, employees, and agencies of the Department of the Treasury, with certain exceptions, to the Secretary of the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees. Functions of the Coast Guard, and the Commandant of the Coast Guard, were excepted from transfer when the Coast Guard is operating as part of the Navy under sections 1 and 3 of Title 14.

"Coast Guard" was substituted for "board of local inspectors" and "local inspectors" on authority of Reorg. Plan No. 3 of 1946, §§ 101-104, set out as a note under section 1 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 526q of this title.

§ 224. Licensing and classification of officers; violations, penalties, and separate offenses

The Secretary of the department in which the Coast Guard is operating shall license and classify the masters, chief mates, and second and third mates, engineers and pilots of all vessels subject to the vessel inspection or manning laws of the United States. In classifying licensed officers under this section, the Secretary shall, where possible, establish suitable career patterns, and service and other qualifying requirements, appropriate to the particular service or industry in which the officers are engaged. It shall be unlawful to employ any person or for any person to serve as a master, mate, engineer, or pilot of any such vessel, when required to be licensed by the laws of the United States, or the regulations issued in implementation thereof, who is not licensed by the Secretary. Anyone violating this section is liable to a civil penalty of not more than $500 for each offense. Each day of a continuing violation shall constitute a separate offense.

(R.S. § 4438; Dec. 21, 1898, ch. 29, § 1, 30 Stat. 764; Jan. 25, 1907, ch. 398, 34 Stat. 864; May 28, 1908, ch. 212, § 2, 35 Stat. 425; Oct. 6, 1980, Pub. L. 96-378, § 2, 94 Stat. 1515.)

CODIFICATION

R.S. § 4438 derived from act Feb. 28, 1871, ch. 100, § 14, 16 Stat. 446.

AMENDMENTS