416
49 Stat. 888. 49 Stat. 1543. Regulations.
49 Stat. 889.
Liability for •urveys.
Penalties.
PUBLIC LAW 87-620-AUG. 31, 1962
[76 STAT.
SEC. 2. The Act entitled "An Act to provide for the establishment of load lines for American vessels in the coastwise trade, and for othec purposes", approved August 27, 1935, as amended (46 U.S.C. 88-88i), is amended as follows: (1) Section 2 (46 U.S.C. 88a) is amended to read as follows: "SEC. 2. The Secretary of the department in which the Coast Guard is operating is hereby authorized and directed in respect of the vessels defined above to establish by regulations from time to time the load water lines and marks thereof indicating the maximum depth to which such vessels may safely be loaded. Such regulations shall have the force of law. I n establishing such load lines due consideration shall be given to, and differentials made for, the various types and character of vessels and the trades in which they are engaged. In establishing load water lines on passenger vessels due consideration shall be given to, and differentials shall be made for, the age and condition of the vessel, its subdivision and efficacy thereof, and the probable stability of the vessel if damaged: Provided, That the load-line provisions of this Act shall apply to the Great Lakes: Provided further, That no load line shall be established or marked on any vessel, which load line in the judgment of the Secretary is above the actual line of safety." (2) Section 7 (46 U.S.C. 88f) is amended— (A) by adding the words "or Coast Guard district commander" following the words "collector of customs" in the first sentence; (B) by adding the words "or Coast Guard district commander" following the word "collector" wherever it appears after the first sentence; and (C) by adding the following sentence at the end thereof: "The owner and agent of a vessel surveyed and found in violation of this Act or regulations established thereunder shall bear the costs of the survey in addition to any penalty or fine imposed." (3) Section 8 (46 U.S.C. 88g) is amended— (A) by amending subsection (a) to read as follows: " (a) The owner and/or master of any vessel subject to this Act and the regulations established thereunder shall be liable to the United States in a penalty not to exceed $1,000 whenever the vessel is found operating, navigating, or otherwise in use upon the navigable waters of the United States, in violation of the provisions of this Act or the regulations established thereunder, or whenever the vessel, if a vessel of the United States, is found operating, navigating, or otherwise in use upon the high seas in violation of the provisions of this Act or the regulations established thereunder. Each day a vessel is in violation of the provisions of this Act shall constitute a separate offense. The Secretary of the Department in which the Coast Guard is operating may assess, collect, remit, and mitigate any penalty imposed under this Act." (B) by amending subsection (b)— (1) by striking out the figure "$100" and inserting the figure "$500" in place thereof; and (2) by striking out the last sentence thereof; (C) by amending subsection (c)— (1) by striking out the figure "$500" and inserting the following words and figures in place thereof, "$1,000 plus a sum computed at the rate of $500 per inch of draft in excess of the vessel's applicable load line; and (2) by striking out the last sentence thereof; (D) by striking out the figure "$500" in subsection (d) and inserting the figure "$1,000" in place thereof; (E) by striking out the figure "$1,000" in subsection (e) and inserting the figure "$2,000" in place thereof. Approved August 31j 1962.
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