Page:United States Statutes at Large Volume 94 Part 2.djvu/238

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PUBLIC LAW 96-000—MMMM. DD, 1980

94 STAT. 1516 46 USC 390c, 390d.

One-hundredgross-ton vessels, exemptions.

Able seaman, eligibility requirements.

Definitions.

Compliance.

PUBLIC LAW 96-378—OCT. 6, 1980

(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 substitution 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: