with such findings concerning the causes of such accidents and such recommendations for their prevention as he may deem necessary. Such information shall be made available for public inspection in such manner as the Secretary may deem practicable.

Enforcement provisions; State jurisdiction unimpaired; approval of State numbering systems

46 U.S.C. 527h

The applicability and the jurisdiction for enforcement, upon the navigable waters of the United States, the commonwealth of Puerto Rico, the Virgin Islands, Guam, and the District of Columbia, of the laws of the United States and of any State which require the numbering and otherwise regulate the use of undocumented vessels, shall be as follows:

(1) Such laws of the United States shall be applicable and enforced on such waters by law enforcement officers of the United States.

(2) Such laws of any State in a State having a numbering system approved by the Secretary under section 527a (c) of this title shall be applicable and enforced on such waters by law enforcement officers of the State or by law enforcement officers of the appropriate subdivisions of the State.

(3) Nothing herein shall preclude enforcement of State or Federal laws pursuant to agreements or other arrangements entered into between the Secretary and any State within the contemplation of section 527f of this title.

(4) Nothing herein shall interfere with, abrogate or limit the jurisdiction of any State: Provided, however, That the Secretary shall not approve any State system for numbering which does not fully comply with the standards set forth in section 527a (c) of this title.

Delegation of Functions

The following Treasury Department Order 167-32 (23 F.R. 7605) was issued by the Acting Secretary of the Treasury under date of September 23, 1958:

By virtue of the authority vested in me by Reorganization Plan No. 26 of 1950 and by 14 U.S.C. 631, there are transferred to the Commandant, U.S. Coast Guard, the functions of the Secretary of the Treasury under the Federal Boating Act of 1958 (Public Law 85-911; 72 Stat. 1754-1758), an Act to promote boating safety on the navigable waters of the United States.

The Commandant may make provisions for the performance by subordinates in the Coast Guard of any of the functions transferred except the functions of prescribing rules and regulations and making determinations that a State system for numbering meets the standards set forth in the law.

Chapter 3.-INSPECTION OF VESSELS

SUBCHAPTER 3A.-CERTAIN VESSELS SUBJECT TO INSPECTION AND REGULATION

What are steam vessels

46 U.S.C. 361 (R.S. 4399)

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 April 25, 1940 (46 U.S.C. 526q), are exempt from the provisions of this Act.

Domestic and foreign vessels; laws applicable

46 U.S.C. 362 (R.S. 4400)

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 title 52 of the Revised Statutes.

Foreign steam passenger vessels

46 U.S.C. 362 (R.S. 4400)

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 170, 391, 392, 399, 400, 402, 481, 494, 495, 497, and 498 of this title, and shall be liable to visitation and inspection by the proper officer, 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 necessary to satisfy the Coast Guard that the condition of the vessel, her boilers, and her lifesaving equipment 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 Commandant of the Coast Guard 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 Commandant of the Coast Guard may, in his discretion, permit any foreign passenger steamer coming within the provisions of this Chapter 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.

Vessels navigating coastwise and on Great Lakes

46 U.S.C. 364 (R.S. 4401)

All coastwise 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 title 52 of the Revised Statutes, 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 Coast Guard. Department of Commerce vessels

46 U.S.C. 363

All steam vessels owned or operated by the Department of Commerce, or any corporation organized or controlled by it, shall be subject to all the provisions of title 52 of the Revised Statutes for the regulation of steam vessels and Acts amendatory thereof or supplemental thereto.

Seagoing vessels propelled by internal-combustion engines 46 U.S.C. 367

Existing laws covering the inspections of steam vessels are made applicable to seagoing vessels of three hundred gross tons and over, propelled in whole or in part by internal-combustion engines to such extent and upon such conditions as may be required by the regulations of the Commandant of the Coast Guard: Provided, That this shall not apply to any vessel engaged in fishing, oystering, clam

ming, crabbing, or any other branch of the fishery or kelp or sponge industry: Provided further, That as to licenses required for masters and engineers operating vessels propelled by internal-combustion engines operating exclusively in the district covering the Hawaiian Islands, said masters and engineers shall be under the jurisdiction of the Coast Guard officials having jurisdiction over said waters, who shall make diligent inquiry as to the character, merits, and qualifications, and knowledge and skill of any master or engineer applying for a license. If the said Coast Guard officials shall be satisfied from personal examination of the applicant and from other proof submitted that the applicant possesses the requisite character, merits, qualifications, knowledge, and skill, and is trustworthy and faithful, they shall grant him a license for the term of five years to operate such vessel under the limits prescribed in the license. The term "seagoing vessels" as used in this section shall be construed to mean vessels which in the usual course of their employment proceed outside the line dividing the inland waters from the high seas as designated and determined under the provisions of section 151 of title 33.

Foreign vessels admitted to registry

46 U.S.C. 366

The Commandant of the Coast Guard is 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.

Penalty for failure to comply with provisions

46 U.S.C. 497 (R.S. 4499)

If any vessel propelled in whole or in part by steam be navigated without complying with the terms of title 52 of the Revised Statutes, the owner shall be liable to the United States in a penalty of $500 for each offense, one-half for the use of the informer, for which sum the vessel so navigated shall be liable, and may be seized and proceeded against by way of libel in any district court of the United States having jurisdiction of the offense. Persons or corporations chartering or engaging or contracting for the use of vessels subject to title 52 of the Revised Statutes under such terms and conditions that they have full and exclusive control of the management and operation of such vessels, shall be subject to the same penalties for violations of the provisions of title 52 of the Revised Statutes as are now imposed upon owners of vessels thereunder, and in such cases the owners shall not be liable to such penalties for such violations by such charterers or contractors.