A bill to amend certain inspection and manning laws applicable to small vessels carrying passengers or freight for hire, and for other purposes.
PL 96-378 (H.R.5164), enacted 10/06/1980

PUBLIC LAW 96-378—OCT. 6, 1980 
94 STAT. 1513 
Public Law 96-378 
96th Congress 
An Act 
To amend certain inspection and manning laws applicable to small vessels carrying 
passengers or freight for hire, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That (a) section 4426 
of the Revised Statutes (46 U.S.C. 404), is amended so that the first 
portion of the section, commencing with the words "4426. The hulls 
and boilers of every ferryboat," and ending with the words "after 
December 31,1953: Provided further, "reads as follows: 
"SEC. 4426. The hulls and boilers of every ferryboat, canal boat, 
yacht, or other small craft of like character propelled by steam, shall 
be inspected under the provisions of this title. All mechanically 
propelled vessels of one hundred gross tons or over, except those 
vessels propelled by machinery other than steam and engaged in 
fishing as a regular business, which carry freight or passengers for 
hire shall likewise be inspected under the provisions of this title. The 
Secretary of the department in which the Coast Guard is operating 
shall issue regulations as may be necessary to carry out the provi-
sions of this section for the inspection of hulls, machinery, and 
equipment; for the manning of these vessels; and for the duties and 
qualifications of the personnel thereof. Other applicable provisions of 
law and the regulations issued hereunder shall be complied with 
before a certificate of inspection may be issued: Provided, That no 
such vessel of three hundred gross tons or over may be navigated 
without a licensed engineer and a licensed deck officer: Provided 
further. That, for any violation of the provisions of this title or of the 
regulations issued thereunder, these vessels, their masters, officers, 
and owners shall be subject to the provisions of sections 4496, 4497, 
4498, 4499, and 4500 of this title, relating to the imposition of 
penalties and the enforcement of law: Provided further,". 
(b) Title 52 of the Revised Statutes is amended by adding the 
following new section after section 4426: 
"SEC. 4426a. (1) An offshore supply vessel is a vessel that— 
"(i) is propelled by machinery other than steam, 
"(ii) is not within the description of passenger carrying vessels 
in section 1 of the Act of May 10, 1956 (70 Stat. 151), as amended 
(46 U.S.C. 390), 
"(iii) is of more than fifteen and less than five hundred gross 
tons, and 
"(iv) regularly carries goods, supplies, or equipment in support 
of exploration, exploitation, or production of offshore mineral or 
energy resources. 
"(2) An existing offshore supply vessel is one that was operating as 
such on or before January 1,1979, or that, if not in service of any kind 
on or before that date, was contracted for on or before that date and 
entered service as such before the effective date of this section. 
"(3) A new offshore supply vessel is one that is not an existing 
offshore supply vessel. 
Oct. 6, 1980 
[H.R. 5164] 
Small vessels, 
inspection and 
manning. 
Regulations. 
46 u s e 494-498. 
Offshore supply 
vessel. 
46 u s e 404-1. 
Existing offshore 
supply vessel. 
New offshore 
supply vessel. 
94 STAT. 1514 
PUBLIC LAW 96-378—OCT. 6, 1980 
46 u s e 391; ante, 
p. 1513. 
"Passenger." 
"Freight for 
hire." 
"Freight 
carrying vessel. 
New offshore 
supply vessel, 
inspection. 
Existing offshore 
supply vessel, 
inspection. 
Manning level. 
"(4) In the application of section 4417 or 4426 of this title or the Act 
of May 10,1956 (70 Stat. 151), as amended (46 U.S.C. 390-390g), to an 
offshore supply vessel, the term 'passenger' means any person carried 
on board the vessel other than— 
"(i) the owner; 
"(ii) a representative of the owner; 
"(iii) the master; 
"(iv) a bona fide member of the crew engaged in the business of 
the vessel who has contributed no consideration for carriage on 
board and is paid for services on board; 
"(v) an employee of the owner, or of a subcontractor to the 
owner, employed in the business of the owner; 
"(vi) a charterer of the vessel; 
"(vii) a person with the same relationship to a charterer as a 
person in (ii) or (v) above has to an owner; 
"(viii) a person employed in some phase of exploration, exploi-
tation, or production of offshore mineral or energy resources 
served by the vessel; or 
"(ix) a bona fide guest who has contributed no consideration for 
carriage on board. 
"(5) The terms 'freight for hire' in section 4426 of this title and 
'freight carrying vessel' in the Act of May 10, 1956 (70 Stat. 151), as 
amended (46 U.S.C. 390-390g), have no application to an offshore 
supply vessel. 
(6) Each new offshore supply vessel is subject to inspection as 
follows: 
"(i) a vessel of above fifteen and less than one hundred gross 
tons is subject to inspection to the same extent as a freight 
carrying vessel as defined in the Act of May 10, 1956 (70 Stat, 
151), as amended (46 U.S.C. 390-390g). 
"(ii) a vessel of one hundred gross tons and less than five 
hundred gross tons is subject to inspection under this title to the 
same extent £is a vessel propelled in whole or in part by steam. 
In issuing regulations for the inspection of these vessels, the Secre-
tary of the department in which the Cosist Guard is operating shall 
take into consideration the characteristics of these vessels, their 
method of operations, and the service in which they are engaged. 
"(7) Each existing offshore supply vessel is likewise subject to 
inspection under this title or under the Act of May 10,1956 (70 Stat. 
151), as amended (46 U.S.C. 390-390g), as applicable. Such a vessel, 
however, shall not be subject to rules, regulations, or standards for 
major structural or major equipment requirements unless compli-
ance therewith is necessary in order to remove an especially hsizard-
ous condition. Each existing offshore supply vessel that does not 
possess a valid certificate of inspection issued by the Secretary shall 
be registered by its owner with the Secretan^ within three months of 
the date of enactment of this section. The Secretary shall cause the 
initial inspection of each such vessel to be made within two years of 
its registration date. Upon registration each existing offshore supply 
vessel shall be held to be in compliance with all applicable vessel 
inspection laws pending verification by actual inspection. The Secre-
tary shall establish a reasonable time schedule to bring vessels 
subject to this subsection into compliance with applicable require-
ments. For the interim period, between registration and initial 
inspection, the Secretary shall prescribe a manning level for each 
such vessel in accordance with applicable law. On or after January 1, 
1989, each existing offshore supply vessel that is twenty years or 
older shall be subject to inspection under subsection (6) of this section. 
PUBLIC LAW 96-378—OCT. 6, 1980 
94 STAT. 1515 
"(8) No offshore supply vessel may be navigated without a licensed 
deck officer and, if over two hundred gross tons, without a licensed 
engineer. 
"(9) No offshore supply vessel operating on January 1, 1979, under 
a certificate of inspection issued by the Secretary shall be subjected to 
any higher standards or new inspection requirements as a result of 
the enactment of this section. 
"(10) No offshore supply vessel may carry passengers except in an 
emergency. An offshore supply vessel that takes aboard one or more 
passengers in an emergency does not alter its character as an offshore 
supply vessel under this section.". 
SEC. 2. Section 4438 of the Revised Statutes (46 U.S.C. 224), is 
amended to read as follows: 
"SEC. 4438. The Secretary of the department in which the Coast 
Guard is operating shall license and classify the masters, chief mates, 
and second and third mates, engineers and pilots of all vessels subject 
to the vessel inspection or manning laws of the United States. In 
classifying licensed officers under this section, the Secretary shall, 
where possible, establish suitable career patterns, and service and 
other qualifying requirements, appropriate to the particular service 
or industry in which the officers are engaged. It shall be unlawful to 
employ any person or for any person to serve as a master, mate, 
engineer, or pilot of any such vessel, when required to be licensed by 
the laws of the United States, or the regulations issued in implemen-
tation thereof, who is not licensed by the Secretary. Anyone violating 
this section is liable to a civil penalty of not more than $500 for each 
offense. Each day of a continuing violation shall constitute a separate 
offense.". 
SEC. 3. The Act of May 10,1956 (70 Stat. 151), as amended (46 U.S.C. 
390-390g), is amended as follows: 
(1) Section 1(a) is amended by striking the words "passenger-
carrying". 
(2) Section 1(b) is amended to read as follows: 
"(b) The term *passenger-carr5dng vessel' means any vessel which 
carries more than six passengers, and which is (1) propelled in whole 
or in part by steam or by any form of mechanical or electrical power 
and is of less than one hundred gross tons; (2) propelled by sail and is 
of seven hundred gross tons or less; or (3) non-self-propelled and is of 
one hundred gross tons or less; except any public vessel of the United 
States or of any foreign state, or any lifeboat forming part of a vessel's 
lifesaving equipment. The term includes (1) a domestic vessel operat-
ing on the navigable waters of the United States, or on the high seas 
outside of those waters and within the normal operating range of the 
vessel, and (2) a foreign vessel departing from a port of the United 
States.". 
(3) Section 1 is amended by adding a new subsection as follows: 
"(e) The term 'freight-carrjdng vessel' means a vessel which carries 
freight for hire, is propelled by machinery, and is above fifteen gross 
tons and less than one hundred gross tons. The term does not include 
(1) vessels propelled by machinery other than steam and engaged in 
fishing as a regular business, or (2) vessels of foreign registry.". 
(4) Section 2(a) is amended by striking the words "passenger-
carrying vessel," and inserting in lieu thereof the words "passenger-
carrying vessel and each freight-carrying vessel,". 
(5) Section 3 is amended by striking the words "passenger-carrying 
vessels" and inserting in lieu thereof the words "passenger-carrying 
vessels and freight-carrying vessels". 
Officers, 
licensing and 
classification. 
Violation; 
penalty. 
46 use 390. 
"Passenger-
carrying vessel.' 
"Freight-
carrying vessel.' 
46 use 390a. 
46 use 390b. 
94 STAT. 1516 
PUBLIC LAW 96-378—OCT. 6, 1980 
46 u s e 390c, 
390d. 
One-hundred-
gross-ton vessels, 
exemptions. 
Able seaman, 
eligibility 
requirements. 
Definitions. 
Compliance. 
(6) Sections 4 and 5 are amended by striking in four places the 
words "passenger-carrying vessel" and inserting in lieu thereof the 
words "passenger-carrying vessel or freight-carrying vessel". 
SEC. 4. Section 13 of the Act of March 4, 1915 (38 Stat. 1169), as 
amended (46 U.S.C. 672), is amended to read as follows: 
"SEC. 13. (a) All vessels of one hundred gross tons or over shall meet 
the requirements of this section and the regulations issued hereunder 
by the Secretary of the department in which the Coast Guard is 
operating, hereinafter referred to as 'Secretary', except— 
"(1) vessels navigating exclusively on the rivers and smaller 
inland lakes of the United States; and 
"(2) non-self-propelled vessels, other than barges subject to 
section 10 of the Act of May 28,1908 (35 Stat. 428), as amended (46 
U.S.C. 395), or section 4417(a) of the Revised Statutes (46 U.S.C. 
391a). 
"(b) Every person may be rated an able seaman and qualified to 
serve as such who is eighteen years of age or older; meets the 
regulatory requirements with respect to sight, hearing, and physical 
condition; meets the applicable professional knowledge examination 
or educational requirements; and meets the following applicable 
service requirements: 
"(1) 'Able seaman' qualified for unlimited service on any vessel 
and on any waters shall have at least three years' service on deck 
on vessels operating on the oceans or the Great Lakes. 
"(2) 'Able seaman-limited' qualified for limited service on any 
vessel on any waters shall have at least eighteen months' service 
on deck on vessels subject to this section operating on the oceans 
or the navigable waters of the United States including the Great 
Lakes. 
"(3) 'Able seaman-special' qualified for special service on any 
vessel on any waters shall have at leeist twelve months' service 
on deck on vessels operating on the oceans or the navigable 
waters of the United States including the Great Lakes. For 
service on a vessel of less than five hundred gross tons engaged in 
support of exploration, exploitation, or production of offshore 
mineral or energy resources, a person may be rated as able 
seaman-special who has at least six months' service on deck on 
vessels operating on the oceans or the navigable waters of the 
United States including the Great Lakes. 
"(c) 'Service on deck' means service in the deck department in work 
related to the work usually performed aboard vessels by able seamen 
and may include service on decked fishing vessels and on public 
vessels of the United States. Three hundred and sixty days shall be 
equal to one year's service, and a day shall be equal to eight hours of 
labor or duty. A graduate of a school ship approved by the Secretary 
may be rated as able seaman upon satisfactory completion of the 
course of instruction. The satisfactory completion of other relevant 
training programs approved by the Secretary may be substituted for 
not more than one-third of the required service on deck in accordance 
with applicable regulations. These regulations may not allow substi-
tution for time spent in these training programs for the required 
service on deck in a ratio greater than three to one. 
"(d) No person below the rating of able seaman shall be permitted 
at the wheel in ports, harbors, and other waters subject to congested 
vessel traffic; or under conditions of reduced visibility, adverse 
weather, or other hazardous circumstances. 
"(e) No vessel subject to this section may depart from any port of 
the United States unless the following provisions are complied with: 
PUBLIC LAW 96-378—OCT. 6, 1980 
94 STAT. 1517 
"(1) Not less than 75 per centum of the crew in each depart-
ment are able to understand any order given by the officers of the 
vessel. 
"(2) At least 65 per centum of the deck crew, exclusive of 
licensed officers, are of a rating not less than able seaman. This 
percentage may be reduced to 50 per centum on vessels that are 
permitted by the Act of March 4,1915 (38 Stat. 1164), as amended 
(46 U.S.C. 673), to maintain a two watch system. Able seamen 
shall not be required on tugs and towboats operating on the bays 
and sounds connected directly with the ocean. 
"(f) Employment of persons rated as able seaman under subsection 
(b) of this section shall be in accordance with the following scale: 
"(1) Persons qualified as able seaman may constitute the entire 
complement of able seamen required on any vessel. 
"(2) Persons qualified as able seaman-limited may constitute 
the entire complement of able seamen required on a vessel of less 
than one thousand six hundred gross tons or on a vessel operat-
ing on the Great Lakes and the Saint Lawrence River £is far east 
as Sept lies; persons qualified as able seaman-limited may 
constitute up to 50 per centum of the complement of able seamen 
required aboard other vessels. 
"(3) Persons qualified £is able seaman-special may constitute 
the entire complement of able seamen required on a vessel of five 
hundred gross tons or less, or on a seagoing barge, tug, or towboat 
and may constitute up to 50 per centum of the complement of 
able seamen required aboard other vessels. 
"(4) In no case in which the service of able seaman-limited or 
able seaman-special is authorized for only a part of the required 
complement of able seamen aboard a vessel may the combined 
percentage of persons so qualified be greater than 50 per centum 
of the required complement. 
"(g) No vessel may be navigated unless all of the complement in her 
engine department above the rating of coal passer or wiper and below 
licensed officer shall be the holders of a certificate of service, 
attesting to proficiency as a qualified member of the engine depart-
ment. An applicant for this rating shall have six months' service at 
sea in a rating at least equal to that of coal passer or wiper. A 
graduate of a school ship approved by the Secretary may be rated as a 
qualified member of the engine department upon satisfactory comple-
tion of the course of instruction. The satisfactory completion of other 
courses of instruction approved by the Secretary may be substituted 
for not more than one-half of the required service at sea in accord-
ance with applicable regulations. 
"(h) It is unlawful to employ any person, or for any person to serve 
aboard a vessel to which this section applies, other than a licensed 
officer, if that person does not have a certificate of service attesting to 
proficiency issued by the Secretary. 
"(i) The Secretary shall issue regulations as may be necessary to 
carry out the provisions of this section. These regulations shall, 
among other things, establish procedures for the processing, verifica-
tion, examination, and retention of records and affidavits related to 
the issuance of certificates of service attesting to proficiency. 
"(j) Every master, person in charge, owner, or operator who violates 
a provision of this section or of the regulations issued hereunder, and 
every vessel that is navigated in violation of this section or of the 
regulations issued hereunder is equally and severally liable to a civil 
penalty of not more than $500 for each offense.". 
Able seaman, 
employment. 
Certificate of 
service. 
Regulations. 
Violation; 
penalty. 
94 STAT. 1518 
PUBLIC LAW 96-378—OCT. 6, 1980 
46 u s e 660b, 
643a. 
Ante, p. 1513. 
46 use 
526-526U. 
Steam vessel. 
"Motorboat." 
46 u s e 526. 
Temporary 
license or 
certificate of 
service. 
46 u s e 224 note. 
SEC. 5. The provisions of section 4 of the Act of June 25, 1936 (49 
Stat. 1935), as amended (46 U.S.C. 660a), with respect to crew 
quarters; and section 4551 of the Revised Statutes of the United 
States (46 U.S.C. 643), shall not apply to non-self-propelled vessels, 
other than barges subject to section 10 of the Act of May 28, 1908 (35 
Stat. 428), as amended (46 U.S.C. 395), or section 4417(a) of the Revised 
Statutes (46 U.S.C. 391a). 
SEC. 6. Section 2 of the Act of May 11,1918 (40 Stat. 549; 46 U.S.C. 
223), is further amended: (1) by adding immediately before the last 
clause, the following: "That an offshore supply vessel, as defined in 
section 4426a of the Revised Statutes shall, when on a voyage of less 
than six hundred miles, have on board and in her service one licensed 
mate, but if any such vessel is engaged on a voyage of six hundred 
miles or more, then such vessel shall have two licensed mates."; and 
(2) by striking in the last clause the reference "the Act of June Ninth, 
Nineteen Hundred and Ten," and inserting in lieu thereof "the Act of 
April 25,1940, c. 155,54 Stat. 163,". 
SEC. 7. Section 2 of the Act of March 4, 1915 (38 Stat. 1164), as 
amended (46 U.S.C. 673), is amended by deleting from the last proviso 
the words "tugs and barges" and inserting in lieu thereof the 
following: "tugs, barges, and offshore supply vessels as defined in 
section 4426a of the Revised Statutes,". 
SEC. 8. Section 4399 of the Revised Statutes (46 U.S.C. 361), is 
amended to read as follows: 
"SEC. 4399. Every vessel propelled in whole or in part by steam and 
every vessel subject to inspection propelled by machinery other than 
steam is a steam vessel within the meaning of this title.". 
SEC. 9. Section 1 of the Act of April 25, 1940 (54 Stat. 163; 46 U.S.C. 
526-526t), is amended to read £is follows: "That the word 'motorboat' 
where used in this Act includes every vessel propelled by machinery 
and not more than sixty-five feet in length except tugboats and 
towboats propelled by steam. The length shall be measured from end 
to end over the deck, excluding sheer.'. 
SEC. 10. The Secretary of the department in which the Coast Guard 
is operating may, for a period of two years after the effective date of 
this Act, issue a temporary license as master, mate, or engineer, or 
certificate of service as able seaman or qualified member of the 
engine department to any person who on or before January 1, 1979, 
was serving in such a capacity on board an offshore supply vessel as 
defined in section 4426a of the Revised Statutes. This license or 
certificate may be for a term no longer than three years. It may not be 
renewed, nor may more than one such license or certificate be issued 
to any person, except for replacements occasioned by loss of a license 
or certificate. A person holding such a license or certificate may not 
serve under it on any vessel other than an offshore supply vessel. To 
qualify for a temporary license or certificate the person must apply to 
the Secretary within three months of the date of enactment of this 
Act. The Secretary shall acknowledge receipt of that application and 
advise the person of those positions in which he may serve pending 
issuance of a temporary license or certificate. Upon receipt of that 
acknowledgement the person shall be deemed to be in compliance 
with the appropriate statutes dealing with licensing or certification 
of merchant marine personnel pending issuance of the temporary 
license or certificate. Before issuing such a license or certificate, the 
Secretary shall satisfy himself that the applicant has sufficient 
qualifications and experience as to warrant the belief that the 
applicant's continued service in the position for which he is being 
licensed or certificated will be consistent with the safety of the vessel. 
PUBLIC LAW 96-378—OCT. 6, 1980 
94 STAT. 1519 
Any temporary license, certificate, or acknowledgement of applica-
tion issued under this subsection is subject to suspension and revoca-
tion on the same grounds and with like procedure as provided in 
section 4450 of the Revised Statutes. 
46 use 239. 
SEC. 11. The following laws are repealed, except with respect to Repeals. 
rights and duties that matured, penalties that were incurred, and 
proceedings that were begun before the date of enactment of this Act: 
(a) the Acts of July 8,1941, chapters 279 and 280 (55 Stat. 579), 
(46 U.S.C. 672-2 and 672-1, respectively); 
(b) the Act of September 25, 1941 (55 Stat. 732; 46 U.S.C. 
672b-l); 
(c) the Act of June 16, 1938 (52 Stat. 753; 46 U.S.C. 672b, 660b, 
643a, and 672c); and 
(d) section 18 of the Act of April 25,1940 (54 Stat. 166; 46 U.S.C. 
526q). 
Approved October 6, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 96-1075 (Comm. on Merchant Marine and Fisheries) and No. 
96-1342 (Comm. of Conference). 
SENATE REPORT No. 96-886 (Comm. on Commerce, Science, and Transportation). 
CONGRESSIONAL RECORD, Vol. 126 (1980): 
June 30, considered and passed House. 
Aug. 18, considered and passed Senate, amended. 
Sept. 18, Senate agreed to conference report. 
Sept. 23, House agreed to conference report. 
79-194 
O—81—pt. 2 
16 : QL3