46 § 242. Registration of pursers, surgeons and professional nurses; creation of staff departments on vessels; medical division; purser's division There shall be registered staff officers in the United States merchant marine in the following grades: (1) Chief purser, (2) purser, (3) senior assistant purser, (4) junior assistant purser, (5) surgeon, and (6) professional nurse. The Commandant of the Coast Guard (in sections 242-248 of this title called the Commandant) shall register, and issue certificates of registry to, qualified individuals applying for registry in such grades, as hereinafter provided, and every such individual when so registered and serving in the staff department on a vessel of the United States shall rank as a staff officer on such vessel. Officers registered under the provisions of sections 242-248 of this title and pursers' clerks and such persons as may be assigned to the senior registered surgeon shall constitute a separate and independent department on vessels of the United States to be known as the staff department. Such staff department shall be composed of a medical division and a purser's division. The medical division shall be under the charge of the senior registered surgeon on such vessel, who shall be responsible solely to the master. The purser's division shall be under the charge of the senior registered purser on such vessel, who shall be responsible solely to the master. On oceangoing vessels licensed to carry more than one hundred passengers, such officer in charge of the purser's division of the staff department shall be a registered chief purser; and whenever more than three persons are employed in the purser's division of the staff department on such vessels, there shall be a minimum of one registered senior assistant purser and one registered junior assistant purser in such purser's division of that staff department. No person shall be eligible for registry as a staff officer under the provisions of sections 242-248 of this title who is not a citizen of the United States. 46 § 243. Same; qualifications No applicant for registry under the provisions of sections 242248 of this title shall be required to take an examination to qualify therefor, but the Commandant shall require satisfactory proof of good character, citizenship, and such minimum periods of service as he shall deem necessary to establish the requisite knowledge, skill, and experience to qualify applicants for the respective stations. Applicants for registry as surgeon shall be required to possess a valid license as physican and surgeon issued under the authority of a State or Territory of the United States or the District of Columbia. 46 § 244. Same; oath or affirmation Each staff officer receiving a certificate of registry under the provisions of sections 242-248 of this title shall make oath or affirmation before an officer empowered to administer oaths, to be designated by the Commandant, that he will faithfully and honestly perform all the duties required of him by law. No such staff officer shall be required to obtain any other certificate of service or efficiency or behavior as a condition of service in such capacity other than as provided in said sections. 46 245. Same; members of Naval Reserve, insignia (a) Staff officers registered under the provisions of sections 242248 of this title who are members of the Naval Reserve shall wear on their uniforms such special distinguishing insignia as may be approved by the Secretary of the Navy. (b) The uniform stripes, decoration, or other insignia to be worn by such officers shall be of gold braid or woven gold or silver material, and no member of the ship's crew other than such staff officers shall be allowed to wear any uniform with such staff officer's identifying insignia. 46 § 246. Same; offenses; penalties; Great Lakes (a) It shall be unlawful to employ any person or for any person to serve in any grade or perform the duties of any grade specified in section 242 of this title on any such vessel of the United States designated therein unless he shall be in bona fide possession of a certificate of registry, issued under the provisions of sections 242248 of this title, as an officer in such grade; and anyone violating this provision shall be liable to a penalty of $100 for each offense: Provided, That in the event no registered staff officer is available and obtainable at the time of sailing, the vessel may sail with an unregistered staff officer or without any staff officer: Provided further, That such staff officer shall not be included in the vessel's inspection certificate. (b) Any staff officer registered under the provisions of sections 242-248 of this title who shall change by addition, interpolation, or erasure of any kind, any certificate of registry referred to in this section shall have his registry and his certificate of registry revoked and be punished by a fine of not more than $100: Provided, That the provisions of said sections shall not apply to any vessel of the United States operated on bays, sounds, inland waterways, and lakes, other than the Great Lakes, or to passenger ferries and car ferries operated on the Great Lakes. (c) Any registry or certificate of registry issued under the authority of sections 242-248 of this title to any staff officer shall be suspended or revoked upon satisfactory proof of bad conduct, inattention to his duties, or the willful violation of any provisions of said sections applicable to him, 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 239 of this title. 46 247. Same; rules and regulations The Commandant of the Coast Guard shall prescribe rules and regulations to carry out the provisions of sections 242-248 of this title. 46 § 248. Same; vessel of the United States defined As used in sections 242-247 of this title the term "vessel of the United States" shall mean any vessel registered, enrolled, or licensed under the laws of the United States, but shall not include a fishing or whaling vessel or a yacht. 46 § 249. Merchant Marine distinguished service and meritorious service medals; award; restriction (a) The Secretary of Commerce is authorized, under such rules and regulations as he may prescribe, to provide and award with the concurrence of the Secretary of the Treasury: A merchant marine distinguished service medal to any person serving in the United States merchant marine who distinguishes himself by outstanding act, conduct, or valor beyond the line of duty, and a merchant marine meritorious service medal to any person serving in the United States merchant marine for meritorious act, conduct, or service in line of duty, but not of such outstanding character as would warrant an award of the distinguished service medal. (b) No more than one distinguished service medal or meritorious service medal shall be awarded to any one person, but for each succeeding act, conduct, or service justifying such an award, a suitable device may be awarded to be worn with the medal or ribbon. In case any person who so distinguishes himself or so acts or serves as to justify the award of a medal under this section dies before the award can be made to him, the award may be made and medal presented to such representatives of the deceased as the Secretary of Commerce deems proper. 46 249a. Distinctive service ribbon bar; issuance; cost; replacements The Secretary of Commerce is authorized to provide and issue, under such rules and regulations as he may from time to time prescribe, a distinctive service ribbon bar to each master, officer, or member of the crew of any United States ship who serves or has served after June 30, 1950, in any time of war, or national emergency proclaimed by the President or by Congress, or during an operation by Armed Forces of the United States outside the continental United States, for such period of time and in such area or under such conditions of danger to life as the Secretary may set forth in regulations issued hereunder. Such bars shall be provided at cost by the Secretary or at reasonable prices by private persons when authorized for manufacture and sale by the Secretary. Whenever any bar presented under the provisions of this section is lost, destroyed, or rendered unfit for use, without fault or neglect of the owner, such bar may be replaced at cost by the Secretary or at reasonable prices by private persons authorized by him. 46 § 249b. Ship citation; issuance; award of plaque; citation ribbon bar The Secretary of Commerce is authorized to issue, with the concurrence of the Secretary of the Treasury, a citation as public evidence of deserved honor and distinction to any United States ship or to any foreign ship which participates in outstanding or gallant action in marine disasters or other emergencies for the purpose of saving life or property. The Secretary of Commerce may award a plaque to a ship so cited, and a replica of such plaque may be preserved, under such rules and regulations as the Secretary may prescribe, as a permanent historic record. The Secretary of Commerce may also award an appropriate citation ribbon bar to the master or each person serving on board such ship at the time of the action for which citation is made, as public evidence of such honor and distinction. Whenever such master or person would be entitled hereunder to the award of an additional citation ribbon, a suitable device shall be awarded, in lieu thereof, to be attached to the ribbon originally awarded. In any case of a proposed award or citation to a foreign ship or to a master or person serving aboard such ship, such award or citation shall be subject to the concurrence of the Secretary of State. 46 § 249c. Regulations governing manufacture, sale, possession, or display of decorations; penalties The manufacture, sale, possession, or display of any insignia, decoration, medal, device, or rosette thereof, or any colorable imitation of any insignia, decoration, medal or device, or rosette, provided for in sections 249-249c of this title, or in any rule or regulation issued pursuant to said sections, is prohibited, except as authorized by said sections or any rule or regulation issued pursuant thereto. Whoever violates any provision of this section shall be punished by a fine not exceeding $250 or by imprisonment not exceeding six months, or both. Sec. 361. 362. 363. 364. 365. 366. 367. Chapter 14.-INSPECTION OF STEAM VESSELS VESSELS SUBJECT TO INSPECTION AND REGULATION What are steam vessels. Domestic and foreign vessels. (a) Laws applicable, reciprocal acceptance of foreign certificates of (b) Notification to passengers of compliance with safety standards; Department of Commerce vessels. Vessels navigating coastwise and on Great Lakes. Vessels navigating Irondequoit Bay. Foreign vessels admitted to registry. Seagoing vessels propelled by internal-combustion engines; exemptions. PLANS AND SPECIFICATIONS FOR CONSTRUCTION OR ALTERATION OF PASSENGER VESSELS 369. Examination and approval by Commandant of the Coast Guard. Sec 372. 375. 382b. 390. (a) Technical staff; qualifications and appointment; duty to pass on plans and specifications; notice of disapproval. (b) Approval condition precedent to certificate of inspection; alterations in plans after approval; acceptance of plans approved by American Bureau of Shipping. (c) Endorsement of approval on plans; departure from plans; refusal to issue certificate; making alterations before approval of modified plans; penalty. (d) Matters included in term "plans and specifications"; specification for fire-retardant material. (e) Defacing or destruction of plans; penalty. (f) Effective date of section. APPOINTMENT, QUALIFICATIONS, DUTIES, AND SALARIES OF INSPECTORS AND OTHER OFFICERS Administration of inspection laws. Regulations of the Commandant. Extra pay for overtime services; payment by owner or master or agent; appropriations; regulation of varying working hours. SMALL PASSENGER-CARRYING VESSELS Definitions. 390a. Inspection. 390b. 390c. (a) Frequency and requirements. (b) Fees for inspection and certificate, license, or permit. Rules and regulations. Certificate of inspection. (a) Issuance prerequisite to operation; exception. (c) Surrender; withdrawal for noncompliance. 390d. Violations; penalty; liability; jurisdiction. 390e. 390f. 390g. 391. International Convention requirements unaffected. Separability of provisions. MODE, MANNER, AND EXTENT OF INSPECTION; CERTIFICATES; 391a. 393. 395. Hulls and equipment. RECORDS (a) Steam vessels carrying passengers; annual inspection. (d) Requirements and enforcement; appeals. (e) Exemptions. Vessels carrying certain cargoes in bulk. (1) Statement of policy. (2) Vessels included. (3) Rules and regulations. (4) Adoption of rules and regulations. (5) Rules and regulations for safety; inspection; permits; foreign vessels. (6) Rules and regulations for protection of the marine environment; inspection; certification. (7) Rules and regulations for protection of the marine environment relating to vessel design and construction, alteration, and repair; international agreement. Control of safety valves and steam gauges. Seagoing barges; hulls and equipment. (a) Annual inspection of barges over 100 tons carrying passengers. |