53 STAT.] '76TH CONG., 1ST SESS. -CH. 316 -JULY 17, 1939 [CHAPTER 316] AN ACT 1049 July 17, 1939 To make effective the provisions of the Officers' Competency Certificates Conven- [1i. R . 3576] tion, 1936. [Public, No. 188] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That title 52 of the Revised Statutes is amended by inserting after section 4438 thereof a new section designated section 4438a, to read as follows: "SEC. 4438a. (1) That the Officers' Competency Certificates Con- vention, 1936 (International Labor Organization I)raft 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, navigat- ing 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 enrolled and licensed, or licensed, with the exception of- "(a) ships of war; "(b) Government vessels, or vessels in the service of a public authority, which are not engaged in trade; "(c) 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 the effective date of this section covering the issuance, duration, renewal, suspension, and revocation of licenses of masters, mates, chief engineers, and assistant engineers be, and they are hereby, made applicable to the issuance, duration, renewal, sus- pension, or revocation of licenses of masters, mates, chief engineers, and assistant engineers of all vessels to which the Officers' Compe- tency Certificates Convention, 1936, and this section apply, to such extent and upon such conditions as may be required by the regulations of the Board of Supervising Inspectors with the approval of the Secretary of Commerce: 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 he oral: Provided further, That applicants 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, the effec- tive date of this section) to a master, mate, chief engineer, or assistant engineer of a vessel to which this section applies shall be deemed to be a certificatefor a master or skipper, navigating officer in charge of a watch, chief engineer, or engineer in charge of a watch, respectively. "(4) No person shall be engaged to perform, or shall perform on board any vessel to which this section applies, the duties of master, mate, chief engineer, 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 error against him: Provided further, That no person to whom a license as master, mate, chief engineer, or assistant engineer is issued without examination may Officers' Compe- tency Certificates Con- vention, 1936. R. S. §4438. 46U. S. C. §224. Vessels to which Convention and Act shall apply. Ante, p. 554 . Exceptions. Licenses, laws and regulations applicable. Prori.os . Exalllilnatiols for licenses of II.lstersq etc., of fishing vessels. Publil Irltilth SRrv- ice crtitflcite require- lllents; applicants ex- empt. Licenses issued to masters, etc., of certain vessels deemed certifi- cates of competency. License required for performance of duties. Prorisos. Issue without ex- amination prior to October 29, 1941; con- ditions. Vessels subject to inspection laws.
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