Public Law 86–244

That section 4488

Coast Guard.

Lifesaving equipment, regulation.

of the Revised Statutes, as amended (46 U.S.C. 481), is further amended to read as follows:

“(a)“(a)

In order to provide against hazard to life and property, the Secretary of the Department in which the Coast Guard is operating (hereinafter referred to as the ‘Secretary’) shall prescribe such rules and regulations as may be necessary for vessels subject to inspection and certification by the United States Coast Guard with respect to the following matters:

“(1)“(1)

Lifesaving equipment, including, but not limited to, the number, type, size, capacity, details of construction, methods of operation, stowage, maintenance, manning, use, testing, and inspecting of such equipment, and drills and exercises necessary to assure proper functioning and use of such equipment

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“(2)“(2)

Firefighting equipment and precautionary measures guarding against fire, including, but not limited to, the number, type, size, capacity, details of construction, methods of operation, stowage, maintenance, manning, use, testing, and inspecting of such equipment, and drills and exercises necessary to assure proper functioning and use of such equipment.

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“(3)“(3)

Muster lists, including, but not limited to, the posting of such lists, and prescribing the special duties to be performed by crew members in the event of emergency.

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“(4)“(4)

Ground tackle and hawsers, including, but not limited to, the number, size, stowage, use, maintenance, manning, testing, and inspection.

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“(5)“(5)

Bilge systems for the removal of liquid from the various parts of the vessel, including, but not limited to, design, installation, capacity, composition, functioning, manning, testing, and inspection.

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“(b)“(b)

(1)(1)

In prescribing rules and regulations pursuant to this section, the Secretary shall give consideration to the age, size, service, route, and other factors affecting the operation of the vessels.

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“(2)“(2)

Unless otherwise prescribed by treaty or other international

Foreign vessels.

agreement, the rules and regulations prescribed by the Secretary pursuant to this section shall be applicable to all foreign vessels carrying passengers from ports of the United States.

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“(3)“(3)

The Secretary may, upon his own motion, or upon the application

Exemptions.

of any interested party, determine that the application to any vessel of the rules and regulations prescribed pursuant to this section, or any part thereof, is not necessary in the public interest, and he may order such vessel exempt from their application upon such terms and conditions and for such periods of time as he may specify in the order.

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“(c)“(c)

The owner or operator of any vessel who neglects or refuses

Violation, penalty.

to provide and equip his vessel with the lifesaving, firefighting, or other equipment, or take other measures required by the rules or regulations issued pursuant to this section shall be liable to the United States in a penalty of $1,000 for each such neglect or refusal for which sum the vessel 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 violation; and any master or person in charge of such vessel who so defaults shall be liable to a penalty of $500.

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“(d)“(d)

Any person who willfully and knowingly manufactures or sells, or offers for sale, or has in his possession with intent to sell, any lifesaving, firefighting, or other equipment subject to the provisions

46 USC 170–498 passim.

of title 52 of the Revised Statutes, as amended, which is so defective as to be inefficient to accomplish the purpose for which it is intended, shall be fined not more than $10,000 and may, in addition thereto, in the discretion of the Court, be imprisoned for a term not exceeding five years.”

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Sec. 2.

To the extent that any existing provision of law, or any rule or regulation prescribed pursuant thereto, is in conflict with any provision of section 4488 of the Revised Statutes (46 U.S.C. 481), such section as amended by this Act, and the rules and regulations hereafter prescribed pursuant thereto, shall prevail.

Sec. 3.

Sec. 4.

Any rights or liabilities existing on the effective date of this Act shall not be affected by the enactment of this Act. Any procedures or rules or regulations in effect on the effective date of this Act shall remain in effect until modified or superseded under the authority of this Act.