Appendix — Waterman Steamship Corp. v. Shipowners & Merchants Towboat Co.

Supreme Court brief1953

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Appendix 6“ A”

CHRONOLOGICAL STATEMENT OF FAOTS.

November 8, 1948.

The SEA FOX and HERALD were surveyed

by the Board of Marine Underwriters and were

fit to proceed on the tow but with the express pro-

viso that the SEA FOX should take ‘‘advantage

as much as possible of favorable weather’’ (R.

285). The tug and tow were originally scheduled

to leave }:an Francisco Bay on

November 4, 1948,

but because of threatening weather conditions,

Shipowners concluded to delay the departure (R.

34). At time of departure the SEA FOX had its

towing wire, which was about 1200 feet total

length, secured to the HERALD and had aboard

a spare or ‘‘insurance’’ wire of the same length.

In addition, the SEA FOX had a used 600 ft.

wire aboard which, even on libelants’ testimony,

was usable only in an emergency. The SEA FOX

2 did leave on

November 5, 1948.

| Satisfactory progress was made until

- November 7, 1948,

| when the towing line carried away at 1450 hours

in relatively moderate weather, the SEA FOX

log then indicating a fresh to strong breeze or

wind force of force 5 or 6 on the Beaufort scale

or 17 to 27 miles per hour. Eventually the SEA

FOX put its spare or “‘insurance’’ tow wire to

the HERALD but this tow wire became kinked

on the winch drum on the SEA FOX. The entire

wire was cut off the drum and thrown overboard,

and the HERALD drifted until

November 8, 1948,

at 1515 hours, when the Tug SEA PRINCE came

from San Francisco and towed the HERALD

into Drake’s Bay. At Drake’s Bay on instruc-

tions of SEA FOX, the part of the anchor chain

which was hanging in the water (some 45 fath-

oms) and the SEA FOX’s original towing wire

were dropped to the bottom of the ocean and

abandoned. At Drake’s Bay the SEA PRINCE’s

towing wire was shackled to the HERALD’s

anchor chain and some 45 fathoms of chain was

run out from the HERALD. The broken fair-

lead traveller on the SEA FOX was not repaired.

Thereafter the SEA PRINCE’s towing wire was

transferred to the SEA FOX, and on

November 9, 1948,

at 0100 hours, SEA FOX and HERALD re-

sumed the voyage. After leaving Drake’s Bay the

SEA FOX had no insurance wire but only the

short length in addition to the wire in use. It

was a wire to be used only in an emergency

(R. 160). In respect to this short wire, Captain

Eastman of the WINONA testified that on the

17th (R. 392): ‘The SEA FOX stated that they

could take the HERALD OF THE MORNING

in tow but that they had no towing hawser, as

they had broken their hawser.”’

The weather remained moderate until

November 12, 1948,

and the voyage continued. On this date the

weather was generally a “‘gentle breeze’’, force 3.

November 13, 1948,

the SEA FOX overheard weather bureau fore-

casts of impending storm off the Columbia River

and Washington coast. The broadcasts recited

(R. 340. See also Appendix ‘‘C’’):

‘Southeast storm warnings ordered dis-

played Washington Coast and Mouth of Co-

lumbia, small craft warnings south of Asto-

ria to Cape Blanco and over inland waters

of Washington 3:00 PM for southeasterly

winds 35-45 mph Washington Coast, and

25-35 mph Oregon Coast tonight, shifting to

westerly early Sunday and decreasing, and

southerly winds 20-30 mph over inland

waters.’

The SEA FOX knew of the approach of the

storm which they thereafter experienced during

the following days (R. 194). On this date the

weather was a gentle breeze most of the day but

blew up to a strong breeze prior to midnight. On

3 ,

November 14, 1948,

the weather was a ‘‘fresh gale’, force 8 (37 miles

per hour) at 0800 and a “‘fresh breeze’’ or a

* “strong breeze’, force 5 and force 6 for most

of the balance of the day (17 to 27 miles per

hour). At 1900 hours the SEA FOX advised

HERALD she had called for aid from the Coast

Guard and that her towing engine had broken

down. At 2030 hours the Coast Guard cutter

BALSAM arrived in the vicinity of the HER-

ALD. At this time HERALD was 17 miles dis-

tant and nearly southwest of the Columbia River

lightship (R. 409). On

November 15, 1948,

the BALSAM stood by all day and at 2200 hours

the tug NEPTUNE arrived in the vicinity and

hailed the HERALD and thereafter stood by.

During the day of the 15th the wind was “‘gentle

breeze’’ to ‘‘mnoderate breeze’’ (force 3 and force

4 most of the time), but built up to a “‘strong

gale’’, force 9 (44 miles per hour) near midnight.

Then on

November 16, 1948,

at 0040, the tow line to the SEA FOX parted.

Shortly thereafter the NEPTUNE attempted to

shoot a line to the HERALD from the lee side

but soon gave up on account of darkness and

existing weather. Before daylight on the morn-

ing of the 16th the wind was severe, a ‘“‘whole

gale’’ (force 10, or 52 miles per hour), thereafter

quieting down to a ‘‘moderate breeze’’ (force 4 or

14 miles per hour). During the first eight hours

of November 16th the wind was approximately

twice as strong as it had been (R. 413). At 0920

when the wind was a ‘‘moderate gale’’, force 7 or

30 miles per hour, the NEPTUNE maneuvered on

the weather bow of the HERALD and got a mes-

senger line aboard, but while getting the wire line

aboard the HERALD maneuvered too close on the

weather bow of the HERALD which was lying

in the trough of the sea, and was thrown by a

wave against the HERALD’s bow, holing NEP-

TUNE’s hull, resulting in her sinking several

hours later. At 1515 hours this same date the

BALSAM put a 10” Manila line aboard the

HERALD, but it soon parted at the splice. On

instructions from the BALSAM the SEA FOX

remained with the NEPTUNE. The SEA FOX

did not return to the HERALD until about 1710

hours (R. 418). The HERALD continued to

drift until 1930 hours when the HERALD on

orders from the BALSAM, relayed to the

HERALD by the SEA FOX (R. 248), dropped

her port anchor and thereafter rode at anchor

some 10 to 12 miles from shore (R. 264).

This distance of 12 miles offshore is con-

firmed by Captain Eastman of the WINONA,

whose log for November 18 recites the HERALD

was at anchor at the 35-fathom line and whose

log also gives bearings to two shore points which

fixes the position of the HERALD. On

November 17, 1948,

at 0440 the WINONA arrived at the scene (R.

418). The HERALD ‘‘was in no immediate

danger’? (R. 392); during that morning the

WINONA placed a 12-inch Manila line aboard

and thereafter transferred the line to the SEA

FOX. Captain Eastman considered this 12-inch

hawser to be adequate to tow the HERALD,

stating (R. 401):

‘“* * * in my estimation, a Manila hawser

that is long gives you a catenary which acts

as a cushioning effec’ when towing in a sea-

way.”’

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On this date, with minor exceptions, the wind

was a ‘‘gentle breeze’’ or force 3 (9 miles per

hour). On this day the HERALD let go the bal-

ance of its starboard anchor chain which, al-

though buoyed, was never recovered. At 1350

hours the BALSAM left the area to take the

NEPTUNE’s crew to shore, and the SEA FOX

and WINONA stayed with the HERALD. The

BALSAM returned at 2312 hours (R. 423). On

November 18, 1948,

the HERCULES arrived at the scene at about

3:00 a.m. (R. 255) and shortly thereafter the

WINONA departed, when Captain Eastman of

the WINONA ‘‘considered that the BALSAM

ODT SRS et! PP te —

and the SEA FOX could adequately handle the

situation’? (R. 397). At 0800 hours the HER-

CULES put a towing wire aboard the HERALD.

During the morning the wind was a ‘“‘gentle’’ or

*‘moderate’’ breeze; at time of departure for

Everett it was a ‘‘fresh breeze’’, force 5, and so

remained (except at 4:00 p.m. and at 7:00 p.m.,

when it was force 6, a ‘‘strong breeze’’) until

9:00 p.m., when for two hours it was a ‘‘strong

gale’’, force 9, thereafter quickly moderating.

The HERALD was unable to release the port

anchor chain because the strain prevented the

release of the pelican hook, and as a result the

tugs were more or less in irons. Accordingly, the

port anchor chain of the HERALD was therefore

cut, with the aid of the portable cutting equip-

ment supplied by BALSAM and at 1115 hours

resumed voyage in tow of HERCULES and SEA

FOX toward Everett, Washington, where she

arrived without further incident on

November 19, 1948,

On this date the weather was calm (force 0) to

a ‘‘gentle breeze’ (force 3). The tugs and tow

were all fast at Everett, Washington, about

9:30 p.m.

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Appendix “RB”

Beaufort Scale

Average of Limits of

Admiral Velocity Velocity Seaman’s

Beaufort’s in nautical miles per Description

Numbers hour (knots) of Wind

0 0 Less than 1 Calm

1 2 lto 3 Light air

2 5 4to 6 Light breeze

3 9 7 to 10 Gentle breeze

4 14 11 to 16 Moderate breeze

5 19 17 to 21 Fresh breeze

6 24 22 to 27 Strong breeze

7 30 28 to 33 Moderate gale

(half a gale)

8 37 34 to 40 Fresh gale

oe 9 44 . 41 to 47 Strong gale

& 10 52 48 to 55 Heavy gale

(whole gale)

11 60 56 to 65 Storm

12 es Above 65 Hurricane

Appendix “C”

0830 PST November 12, 1948.

Tatoosh to Cape Blanco variable winds 5 to 15 mph

becoming westerly 10-20 mph late today or tonight.

Mostly cloudy with light rain Washington coast by

this afternoon and likelihood of light rain north

Oregon coast tonight.

0800 PST November 13, 1948, summary northeast Pacific.

A storm of considerable intensity is near 53 N

144 W with pressure about 985 mbs moving north-

east towards the coast north of Vancouver Island

but will affect the coast as far south as Oregon by

tonight. Southerly wind force 6 to 9 within 300 miles

of the center on the east side becoming westerly as

the storm passes. Another disturbance moving east-

ward centers north of the Aleutian islands but low

pressure and fresh southwesterly winds extend south

to latitude 45 from the Aleutians and Alaska Pen-

insula.

0830 PST November 13, 1948 Tatoosh to Cape Blanco.

Off Washington coast wind becoming south-south-

east 25-35 mph this evening increasing during the

night and shifting to northwest Sunday. Off Oregon

coast wind northwest 15-25 mph passing to south or

southeast and increasing to 25-35 mph tonight.

A storm of considerable intensity lies 500 miles off

the coast of British Columbia moving toward the

coast north of Vancouver Island. It will affect the

coast from Oregon northward tonight but will not

extend its effect as far down as California.

2000 PST November 13, 1948.

An intense disturbance has moved east-northeast-

ward at 32 knots or approximately 350 miles south-

west of Juneau, Alaska with lowest pressure near 980

mbs. The center is expected to move northeastward

a at about 20 knots with gale force wind within 500

miles of the center. The associated strong front is

located at about 200 miles off the Washington coast

and extends to the north-northwestward and to the

south-southwestward with gale force wind from about

45 north latitude northward. It is expected to move

southeastward at approximately 30 knots.

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Coastal storm warnings. Southeast storm warnings

are displayed until 1500 PST Sunday on the Wash-

ington Coast and mouth of the Columbia River for

southeasterly wind 35 to 45 mph. Small craft warn-

ings are displayed for the same period south of

Astoria to Cape Blanco and over the inland waters

of Washington for southeasterly wind of 25 to 35

mph. Winds will shift to westerly early Sunday.

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Appendix “D”

OFFICERS’ COMPETENCY CERTIFICATES

CONVENTION, 1936.

54 Stat., Part 2, page 1683.

Convention between the United States of America

and other members of the International Labor

Organization respecting officers’ competency cer-

tificates. Adopted by the General Conference

of the International Labor Organization, twenty-

first session, Geneva, October 24, 1936; ratifica-

tion advised by the Senate of the United States,

subject to understanding, June 13, 1938; ratified

by the President of the United States, subject

to said understandings, September 1, 1938, rati-

fication of the United States of America regis-

tered with the Secretary General of the League

of Nations October 29, 1938; proclaimed by the

President of the United States September 29,

1939.

BY THE PRESIDENT OF THE UNITED

STATES OF AMERICA.

A PROCLAMATION.

WHEREAS a draft convention (No. 53) with re-

gard to the establishment by each maritime country

of a minimum requirement of professional capacity

in the case of captain, navigating and engineer

officers in charge of watches on board merchant ships,

was adopted on the twenty-fourth day of October

YER STR DIOL NER SUIT SEL RD LE KLEEN NIE D SE

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nineteen hundred and thirty-six, by the General Con-

ference of the International Labor Organization at its

twenty-first session held at Geneva October 6-24, 1936,

a certified copy of which draft convention, communi-

cated by the Secretary-General of the League of Na-

tions, acting in conformity with the requirements in

the nineteenth Article of the Constitution of the

International Labor Organization, to the Government

of the United States of America as a Member of the

said Organization, is, in the French and English lan-

guages, word for word as follows:

The General Conference of the International La-

bour Organisation,

Having been convened at Geneva by the Govern-

ing Body of the International Labour Office, and havy-

ing met in its Twenty-first Session on 6 October 1936,

and

Having decided upon the adoption of certain pro-

posals with regard to the establishment by each mari-

time country of a minimum requirement of profes-

sional capacity in the case of captain, navigating and

engineer officers in charge of watches on board mer-

chant ships, which is the fourth item on the Agenda

of the Session, and

Having determined that these proposals shall take

the form of a Draft International Convention, adopts,

this twenty-fourth day of October of the year one

thousand nine hundred and thirty-six, the following

Draft Convention, which may be cited as the Officers’

Competency Certificates Convention, 1936:

ARTICLE 1.

1. This Convention applies to all vessels registered

in a territory for which this Convention is in force

and engaged in maritime navigation with the excep-

tion of-——

(a) ships of war;

(b) Government vessels, or vessels in the service

of a public authority, which are not engaged in trade;

and junks.

2. National laws or regulations may grant excep-

tions or exemptions in respect of vessels of less than

200 tons gross registered tonnage.

ARTICLE 2.

For the purpose of this Convention the following

expressions have the meanings hereby assigned to

them:

(a) ‘‘master or skipper’’ means any person having

command or charge of a vessel;

(b) ‘‘navigating officer in charge of a watch”

means any person, other than a pilot, who is for the

time being actually in charge of the navigation or

manoeuvring of a vessel;

nently responsible for the mechanical propulsion

of a vessel;

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(d) “‘engineer officer in charge of a watch’’ means

any person who is for the time being actually in

charge of the running of a vessel’s engines.

ARTICLE 3.

1. No person shall be engaged to perform or shall

perform on board any vessel to which this Convention

applies the duties of master or skipper, navigating

officer in charge of a watch, chief engineer, or engi-

neer officer in charge of a watch, unless he holds a

certificate of competency to perform such duties,

issued or approved by the public authority of the ter-

ritory where the vessel is registered.

2. Exceptions to the provisions of this Article may

be made only in cases of force majeure.

ARTICLE 4.

1. No person shall be granted a certificate of com-

petency uniess——

(a) he has reached the minimum age prescribed

for the issue of the certificate in question;

(b) his professional experience has been of the

minimum duration prescribed for the issue of the cer-

tificate in question; and

supervised by the competent authority for the pur-

pose of testing whether he possesses the qualifications

necessary for performing the duties corresponding to

the certificate for which he is a candidate.

2. National laws or regulations shall——

(a) prescribe a minimum age to have been attained

by and a minimum period of professional experience

to have been completed by candidates for each grade

of competency certificate ;

(b) provide for the organisation and supervision

by the competent authority of one or more examina-

tions for the purpose of testing whether candidates

for competency certificates possess the qualifications

necessary for performing the duties corresponding to

the certificates for which they are candidates.

3. Any Member of the Organisation may, during a

period of three years from the date of its rat:fication,

issue competency certificates to persons who have not

passed the examinations organised in virtue of para-

graph 2 (b) of this Article who——

(a) have in fact had sufficient practical experience

of the duties corresponding to the certificate in ques-

tion; and

(b) have no record of any serious technical error

against them.

ARTICLE 5

1. Each Member which ratifies this Convention

shall ensure its due enforcement by an efficient system

of inspection.

2. National laws or regulations shall provide for

the cases in which the authorities of a Member may

detain vessels registered in its territory on account of

a breach of the provisions of this Convention.

PEE ASE ITI LOE LY PT EEE IL IE A OLS Pe ELLE IEE LOE LEONI AR

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3. Where the authorities of a Member which has

ratified this Convention find a breach of its provisions

on a vessel registered in the territory of another

Member which has also ratified the Convention, the

said authorities shall communicate with the consul

of the Member in the territory of which the vessel

is registered. -

ARTICLE 6

1, National laws or regulations shall prescribe

penalties or disciplinary measures for cases in which

the provisions of this Convention are not respected.

2. In particular, such penalties or disciplinary

measures shall be prescribed for cases in which——

(a) a shipowner, shipowner’s agent, master or skip-

per has engaged a person not certificated as required

by this Convention;

(b) a master or skipper has allowed any of the

duties defined in Article 2 of this Convention to be

performed by a person not holding the corresponding

or a superior certificate ;

“ (c) a person has obtained by fraud or forged docu-

g ments an engagement to perform any of the duties

‘ defined in the said Article 2 without holding the

3 requisite certificate.

ARTICLE 7

1. In respect of the territories referred to in

Article 35 of the Constitution of the International

Labour Organisation, each Member of the Organisa-

Rete

PURE: a a

tion which ratifies this Convention shall append to its

ratification a declaration stating:

(a) the territories in respect of which it undertakes

to apply the provisions of the Convention without

modification ;

(b) the territories in respect of which it undertakes

to apply the provisions of the Convention subject to

modifications, together with details of the said modi-

fications ;

tion is inapplicable and in such cases the grounds on

which it is inapplicable;

(d) the territories in respect of which it reserves

its decision.

2. The undertakings referred to in sub-paragraphs

(a) and (b) of paragraph 1 of this Article shall be

deemed to be an integral part of the ratification and

shall have the force of ratification.

3. Any Member may by a subsequent declaration

cancel in whole or in part any reservations made in

its original declaration in virtue of sub-paragraphs

(b), (e) or (d) of paragraph 1 of this Article.

ARTICLE 8

The formal ratifications of this Convention shall be

communicated to the Secretary-General of the League

of Nations for registration.

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FRR ENS SPEEA PEE FT PRLS IL FE EE LEMIRE, AIG ES RT: OLE SIE TN AE IE A 8 IC

RAPIER,

ARTICLE 9

1. This Convention shall be binding only upon

those Members of the International Labour Organ-

isation whose ratifications have been registered with

the Secretary-General.

2. Tt shall come into force twelve months after the

date on which the ratifications of two members have

been registered with the Secretary-General.

3. Thereafter, this Convention shall come into

force for any Member twelve months after the date

on which its ratification has been registered.

ARTICLE 10

As soon as the ratifications of two Members of the

International Labour Organisation have been regis-

tered, the Secretary-General of the League of Na-

tions shall so notify all the Members of the Inter-

national Labour Organisation. He shall likewise

notify them of the registration of ratifications which

may be communicated subsequently by other Members

of the Organisation.

ARTICLE 11

1. A Member which has ratified this Convention

may denounce it after the expiration of ten years from

the date on which the Convention first comes into

force, by an act communicated to the Secretary-Gen-

eral of the League of Nations for registration. Such

denunciation shall not take effect until one year after

the date on which it is registered.

2. Each Member which has ratified this Convention

and which does not, within the year following the

expiration of the period of ten years mentioned in

the preceding paragraph, exercise the right of de-

nunciation provided for in this Article, will be bound

for another period of ten years and, thereafter, may

denounce this Convention at the expiration of each

period of ten years under the terms provided for in

this Article.

ARTICLE 12

At the expiration of each period of ten years after

the coming into force of this Convention, the Govern-

ing Body of the International Labour Office shall pre-

sent to the General Conference a report on the work-

ing of this Convention and shall consider ‘the desir-

ability of placing on the Agenda of the Conference

the question of its revision in whole or in part.

ARTICLE 13°

1. Should the Conference adopt a new Convention

revising this Convention in whole or in part, then,

unless the new Convention otherwise provides,

(a) the ratification by a Member of the new revis-

ing Convention shall ipso jure involve the immediate

denunciation of this Convention, notwithstanding the

provisions of Article 11 above, if and when the new

revising Convention shall have come into force;

(b) as from the date when the new revising Con-

vention comes into force this Convention shall cease to

be open to ratification by the Members.

——_

2. This Convention shall in any case remain in

force in its actual form and content for those Members

which have ratified it but have not ratified the revis-

ing Convention.

ARTICLE 14

The French and English texts of this Convention

shall both be authentic.

AND WHEREAS it is provided in Article 8 of

the said draft convention that the formal ratifications

thereof shall be communicated to the Secretary-

General of the League of Nations for registration

and in Article 9 that the convention shall come into

force twelve months after the date on which the rati-

fications of two Members of the International Labor

Organization have been registered with the Secretary-

General of the League of Nations, and that thereafter

the convention shall come into force for any Mem-

ber twelve months after the date on which its rati-

fication has been registered ;

AND WHEREAS the said draft convention was

duly ratified on the part of the United States of

America subject to understandings as follows: (Effec-

tive in the United States October 29, 1939.)

“That the United States Government under-

stands and construes the words ‘vessels registered in

a territory’ appearing in this convention to inelude all

vessels of the United States as defined under the laws

of the United States.

“That the United States Government understands

and corstrues the words ‘maritime navigation’ ap-

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es)

Bred

pearing in this convention to mean navigation on the

high seas only.

‘‘Nothing in this convention shall be so construed

as to prevent the authorities of the United States

from making such inspection of any vessel referred

to in article V, paragraph 3, within the jurisdiction

of the United States, as may be necessary to deter-

mine that there has been a compliance with the terms

of this convention, or to prevent such authorities from

withholding clearance to any such vessel which they

find has not complied with the provisions of the con-

vention until such time as any such deficiency shall be

corrected.

‘“‘That the provisions of this Convention shall apply

to all territory over which the United States exercises

jurisdiction except the Government of the Common-

wealth of the Philippine Islands and the Panama

Canal Zone, with respect to which this Government

reserves its decision.”’;

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Appendix “E”

ADMINISTRATIVE AND PENALTY

PROVISIONS.

46 U.S.C.A., §224a. Same; Officers’ Competency

Certificates Convention, 1936.

(1) The Officers’ Competency Certificates Conven-

tion, 1936 (International Labor Organization Draft

Convention Numbered 53, ‘‘concerning the minimum

requirement of professional capacity for masters and

officers on board merchant ships’’), as ratified by the

President on September 1, 1938, with understandings

appended, and this section shall apply to all vessels,

however propelled, navigating on the high seas, which

are registered, enrolled and licensed, or licensed under

the laws of the United States, whether permanently,

temporarily, or provisionally, including yachts en-

rolled and licensed, or licensed, with the exception

of—

(a) ships of war;

(b) Government vessels, or vessels in the service of

a publie authority, which are not engaged in trade;

(ce) wooden ships of primitive build, such as dhows

and junks;

(d) unrigged vessels;

(e) all vessels of less than two hundred gross tons.

(2) All laws in effect on October 29, 1939, covering

the issuance, duration, renewal, suspension, and rev-

ocacion of licenses of masters, mates, chief engineers,

and assistant engineers are hereby made applicable

to the issuance, duration, renewal, suspension, or rev-

ocation of licenses of masters, mates, chief engineers,

and assistant engineers of all vessels to which the

Officers’ Competency Certificates Convention, 1936,

and this section apply, to such extent and upon such

conditions as may be required by the regulations of

the Commandant of the Coast Guard: Provided, That

examinations for licenses of masters, mates, chief

engineers, and assistant engineers of fishing vessels,

not subject to the inspection laws of the United

States, shall be oral: Provided further, That appli-

cants for licenses as masters, mates, chief engineers,

and assistant engineers of fishing vessels not subject

to the inspection laws of the United States shall not

be required to obtain a certificate from the United

States Public Health Service based upon the subject

of ship sanitation, and first aid.

(3) Any license issued (whether before, or on, or

after, October 29, 1939) to a master, mate, chief

engineer, or assistant engineer of a vessel to which

this section applies shall be deemed to be a certificate

of competency for a master or skipper, navigating

officer in charge of a watch, chief engineer, or engi-

neer in charge of a watch, respectively.

(4) No person shall be engaged to perform, or

shall perform on board any vessel to which this sec-

tion applies, the duties of master, mate, chief engi-

neer, or assistant engineer unless he holds a license

to perform such duties, issued in accordance with the

provisions of subsection 2 of this section: Provided,

That a license as master, mate, chief engineer, or

assistant engineer of vessels subject to this section

may be issued without examination at any time prior

to October 29, 1941, to any applicant who has had

sufficient practical experience in the position for

which he applies to be licensed and has no record

of any serious technical ervor against him: Provided,

further, That no person to whom a license as master,

mate, chief engineer, or assistant engineer is issued

without examination may serve under authority of

that license as master, mate, chief engineer, or assist-

ant engineer on any vessel subject to the inspection

laws of the United States.

(5) It shall be unlawful to engage or employ any

person or for any person to serve as a master, mate,

or engineer on any such vessel who is not licensed by

the Coast Guard; and anyone violating this section

shall be liable to a penalty of $100 for each offense.

(6) If any collector of customs has reason to be-

lieve, on complaint or otherwise, that a vessel subject

to this section and to the regulations established there-

under is about to proceed to the high seas from a port

in the United States or any Territory over which the

United States exercises jurisdiction, except the Pan-

ama Canal Zone, in violation of any provision of this

section or of any provision of the Officers’ Compe-

tency Certificates Convertion, 1936, he may, by writ-

ten order served on the master or officer in charge

of such vessel, detain ker until such time as this

section shall have been complied with. Clearance shall

be refused to any vessel which shall have been ordered

detained. If the vessel be ordered detained the master

: may, within five days, appeal to the Commandant of

the Coast Guard, who may, after investigation, affirm,

set aside, or modify the order of the collector.

(7) Foreign vessels to which the Officers’ Compe-

tency Certificates Convention, 1936, applies shall be

subject to such inspection, within the jurisdiction of

the United States, except the Panama Canal Zone,

as may be necessary to determine that there has been

a compliance with the terms of the convention, and

in ease of any breach of the provisions of the con-

vention by such vessel the collector of customs may,

by written order served on the master or officer in

charge of such vessel, detain her and refuse clearance

to her until such time as the convention shall have

been complied with; the collector shall also imme-

diately notify the consul of the country in which the

vessel is registered. If the vessel be ordered detained

the master may, within five days, appeal to the Com-

mandant of the Coast Guard, who may, after investi-

gation, affirm, set aside, or modify the order of the

collector.

(8) No provision of the Officers’ Competency Cer-

tificates Convention, 1936, or of this section, shall

apply to any vessel of the United States of less than

two hundred gross tons, nor shall any provision of

that convention or this section be deemed to alter,

amend, or repeal any statute of the United States

in effect on October 29, 1939, with regard to any such

vessel,

(9) The Commandant of the Coast Guard shall

establish such regulations as may be necessary to

secure the enforcement of the provisions of this sec-

agate c SENT EAAT AGS ARE ROT LEER IS RAN a IE ELI IT RIPE Met" SP TE

tion by any officer of the United States authorized

to enforce the navigation or inspection laws of the

United States.

(10) The Commandant of the Coast Guard or any

officer of the Coast Guard authorized by the Com-

ie therefor, remit or mitigate any fine or penalty in-

curred under this section or any regulation there-

under.

(11) No provision of the Officers’ Competency

Certificates Convention, 1936, nor of this section,

shall apply to any vessel, however propelled, navigat-

ing on the Great Lakes.

(12) Where used in this section—

(a) the term ‘‘high seas’’ means all waters outside

the line dividing the inland waters from the high

seas, as defined in section 151 of Title 33;

(b) the term ‘‘unrigged vessel’? means any vessel

that is not self-propelled.

(13) Nothing contained in the Officers’ Compe-

tency Certificates Convention, 1936, nor in this sec-

i tion, shall be deemed to extend any provision of

: section 673 of this title, or to alter, modify, or repeal

any statute of the United States in effect on October

29, 1939, except as hereinbefore provided.

| (14) This section shall become effective on Octo-

: ber 29, 1939. "

(15) There are authorized to be appropriated such

sums as may be necessary to carry out the provisions

of this section.

Peasoiersin. irks

Bre

Appendix “op”

(a) Coast GuarRD REGULATIONS FOR IssUANCE OF LI-

CENSE FOR INLAND WATERS SucH As HELD By Mr.

SoMMER.

46 C.F.R. 10.05-15 Master of bays, sounds, and

lakes other than the Great Lakes, steam or motor

vessels. (a) The minimum service required to qual-

ify an applicant for license as master of steam or

motor vessels on bays, sounds, and lakes other than

the Great Lakes is:

(1) 1 year’s service as first-class pilot or chief mate

of steam or motor vessels on bays, sounds, or lakes

other than the Great Lakes; or,

(2) 5 years’ combined service in the deck depart-

ment of sail vessels and vessels propelled by machin-

ery on bays, sounds, or lakes other than the Great

Lakes, 1 year of which has been as pilot or chief

mate; or,

(3) 1 year’s service as master of bays, sounds and

lakes other than the Great Lakes steam or motor

vessels of 150 gross tons or under while acting under

the authority of a first-class pilot’s license, or 2 years’

experience while acting under the authority of a sec-

ond-class pilot’s license; or,

(4) 5 years’ service on bays, sounds, and lakes

other than the Great Lakes sail vessels, 1 year of

which has been as master; or,

(5) 3 years’ service as master of bays, sounds, and

lakes other than the Great Lakes sail vessels for li-

cense as master of steam or motor vessels; or,

ate

ee Se ae ne

Ae Set

eB ee ec

fey

Naps

(6) 2 years’ service in the deck department of bays,

sounds, and lakes other than the Great Lakes steam

or motor vessels, 1 year of which shall have been

either as wheelsman or in assisting in the navigation

of such vessels, while holding a first-class pilot’s

license for bays, sounds, and lakes other than the

Great Lakes, for license as master of steam or motor

vessels of 500 gross tons and under navigating all

bays, sounds, and lakes other than the Great Lakes.

10.05-49 Examination for license as master of

bays, sounds, and lakes other than the Great Lakes

steam and motor vessels. (a) An applicant for license

as master of bays, sounds, and lakes other than the

Great Lakes steam or motor vessels shall be required

to pass a satisfactory examination as to his knowledge

of the subjects listed in this paragraph:

(1) Inland Rules of the Road or Pilot Rules ap-

plicable to the waters desired.

(2) Distance off by bearings and run,

(3) Speed by revolutions and by observation of

landmarks.

(4) Chart navigation and piloting.

(5) Aids to navigation.

(6) Winds, weather, and current.

(7) Signals; storm, wreck, distress, and special.

(8) Stability and ship construction.

(9) Cargo stowage and handling.

(10) Seamanship.

(11) Temporary repairs to hull and equipment.

(12) Drills and lifesaving apparatus.

(13) Ship sanitation; Rules and Regulations for

Vessel Inspection, and Navigation Laws of the U. S.

(14) Ship’s business.

(15) General.

(16) Practical chart work.

(17) Such further examination of a non-mathe-

matical character as the Officer in Charge, Marine

Inspection, may consider necessary to establish the

applicant’s proficiency.

10.05-59 Examination for license as mate of inland

or river steam or motor vessels, An applicant for

license as mate of inland or river steam or motor

vessels shall be required to pass a satisfactory ex-

amination as to his knowledge, experience, and skill

in stowage and cargo handling, the operation and

handling of fire apparatus, the launching and han-

dling of lifeboats, his knowledge of life preservers and

the method of adjusting them, his ability to manage

the crew and direct and advise the passengers in case

of emergency, his general familiarity with his duties

in maintaining discipline and protecting the pass-

engers, and such further examination of a non-mathe-

matical character as the Officer in Charge, Marine

Inspection, may consider necessary to establish the

applicant’s proficiency.

(b) Coast Guarp REGULATIONS FoR IssUANCE OF HicH

Seas LiceNse WuHicH Mr. SOMMER SHOULD HAVE

HELD.

Subpart 10.15—Licensing of Officers for Uninspected

Vessels

10.15-1 Applicability of laws. All the provisions

of R. S. 4131, 4250, 4403, 4405, 4438, 4439, 4440,

4441, 4445, 4446, 4447, 4448, 4449, 4450, as amended,

sec. 2, 23 Stat. 118, sec. 2, 29 Stat. 188, sec. 1, 34 Stat.

1411, sec. 3, 40 Stat. 549, and sec. 5, 49 Stat. 1935; 46

U. S. C. 221, 224, 225, 226, 227, 228, 229, 231, 232,

233, 234, 235, 237, 239, 250, 372, 375, 672a; referring

to the issuance, duration, renewal, suspension or revo-

cation of licenses of masters, mates, chief engineers

and assistant engineers, and the provisions of the fol-

lowing regulations in this subpart shall be applicable

to all uninspected vessels to which the Officers’ Com-

petency Certificates Convention, 1936, and the Act

approved July 17, 1939 (R.S. 4438a; 53 Stat. 1049;

46 U.S. C. 224a) making effective the provisions of

the Convention apply.

10.15-29 Professional requirements for original

and raise of grade of licenses. (a) For license as

master or chief engineer, a candidate must have

served 4 years at sea, on deck or in the engine room,

respectively, of which 1 year must have been as

licensed mate or assistant engineer, respectively, ex-

cept as otherwise provided in the regulations in this

Subpart.

¥ SRSA Sess rE abe ne ; me

(b) For license as mate or assistant engineer, a

candidate must have served 3 years at sea, on deck

or in the engine room, respectively.

10.15-31 Examination requirements for licenses—

(a) General. The examinations given by the Coast

Guard will be practical, not theoretical. They will

be written, where possible, and if an oral examination

is necessary, it shall be taken down in writing. The

examination for licenses limited to fishing vessels shall

be oral only.

(b) Master. Candidates for license as master will,

in addition to the subjects given in the examination

for mate, be required to understand and give satis-

factory explanations of:

(1) Navigation, including:

(i) Latitude by altitude of Polaris.

(ii) Elementary questions on compass deviation.

(2) Rudimentary seamanship, including:

(i) Meteorology, use and reading of weather bul-

letins.

(ii) Getting under way.

(iii) Tending vessel at anchor; mooring and un-

mooring.

(iv) Keeping a ship’s head to sea in heavy weather

with engines broken down.

(v) How to rig a jury rudder.

(vi) Action to be taken in the event of springing

a leak.

(vii) Cast of lead in heavy weather.

required to understand and give satisfactory explana-

tions of: ;

(1) Navigation, including:

(i) Variation, deviation of the compass, and simple

methods of determining the deviation by the means

of ranges, and by bearings of the sun.

(ii) Use of a chart and the meaning of the various

signs and abbreviations thereon; method of determin-

ing and laying off compass courses and distances on

a chart, and allowing for set and drift; fixing the

ship’s position by cross bearings of two objects; or by

two bearings of the same object.

(iii) The traverse tables and a day’s work in its

simplest form.

(iv) Determining of latitude by meridian altitude

of the sun.

(v) Longitude by position line or by time sight of

the sun.

(vi) The use and adjustments of the sextant.

(vii) The use and reading of the aneroid barom-

eter.

(2) Rudimentary seamanship, including:

(i) The use and construction of a sea anchor.

(ii) The marking and use of the lead line.

(iii) Man reported overboard.

(iv) Handling of a vessel’s boat in heavy weather.

-—

(v) Elementary first aid.

(3) The Rules to Prevent Collisions of Vessels in-

eluding both the International Rules and the Pilot

Rules for Inland Waters. Particular attention will

be given to the steering and sailing rules, although

inability to repeat them verbatim will not entail fail-

ure, Provided, That the candidate understands their

full significance, content, and practical application.

Models will be used to test the candidate’s judgment

and ability to act correctly and promptly.

(4) Distress signals and use of line throwing ap-

paratus.

(5) Buoyage system and aids to navigation.

(6) Precautions to be taken against fire, explosions

from oil or gas, and spontaneous combustion. Methods

of dealing with fire and use of fire extinguishers, han-

dling of vessels after fire is discovered.

(7) Candidates for a sailing ship license will also

be asked questions on the taking in and setting of fore

and aft sail, and applicable questions relating to the

handling of a sail vessel.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.