77 STAT. 209. "(ix) A rocket parachute flare or a hand flare showing a red light. "(x) A smoke signal giving off a volume of orange-coloured smoke. "(xi) Slowly and repeatedly raising and lowering arms outstretched to each side. "NOTE.-Vessels in distress may use the radiotelegraph alarm signal or the radiotelephone alarm signal to secure attention to distress calls and messages. The radiotelegraph alarm signal, which is designed to actuate the radiotelegraph auto alarms of vessels so fitted, consists of a series of twelve dashes, sent in 1 minute, the duration of each dash being 4 seconds, and the duration of the interval between 2 consecutive dashes being 1 second. The radiotelephone alarm signal consists of 2 tones transmitted alternately over periods of from 30 seconds to 1 minute. "(b) The use of any of the foregoing signals, except for the purpose of indicating that a vessel or seaplane is in distress, and the use of any signals which may be confused with any of the above signals, is prohibited. "ANNEX TO THE RULES "RECOMMENDATIONS ON THE USE OF RADAR INFORMATION AS AN AID TO AVOIDING COLLISIONS AT SEA "(1) Assumptions made on scanty information may be dangerous and should be avoided. "(2) A vessel navigating with the aid of radar in restricted visibility must, in compliance with Rule 16 (a), go at a moderate speed. Infor mation obtained from the use of radar is one of the circumstances to be taken into account when determining moderate speed. In this regard it must be recognised that small vessels, small icebergs and similar floating objects may not be detected by radar. Radar indications of one or more vessels in the vicinity may mean that "moderate speed" should be slower than a mariner without radar might consider moderate in the circumstances. "(3) When navigating in restricted visibility the radar range and bearing alone do not constitute ascertainment of the position of the other vessel under Rule 16(b) sufficiently to relieve a vessel of the duty to stop her engines and navigate with caution when a fog signal is heard forward of the beam. "(4) When action has been taken under Rule 16(c) to avoid a close quarters situation, it is essential to make sure that such action is having the desired effect. Alterations of course or speed or both are matters as to which the mariner must be guided by the circumstances of the case. "(5) Alteration of course alone may be the most effective action to avoid close quarters provided that— "(a) There is sufficient sea room. "(b) It is made in good time. "(c) It is substantial. A succession of small alterations of course should be avoided. "(d) It does not result in a close quarters situation with other vessels. "(6) The direction of an alteration of course is a matter in which the mariner must be guided by the circumstances of the case. An alteration to starboard, particularly when vessels are approaching appar ently on opposite or nearly opposite courses, is generally preferable 77 STAT. 210. "(7) An alteration of speed, either alone or in conjunction with an alteration of course, should be substantial. A number of small alterations of speed should be avoided. "(8) If a close quarters situation is imminent, the most prudent action may be to take all way off the vessel." Approved September 24, 1963. LEGISLATIVE HISTORY: HOUSE REPORT No. 365 (Comm. on Merchant Marine & Fisheries). CONGRESSIONAL RECORD, Vol. 109 (1963): July 8: Passed House. Sept. 5: Considered and passed Senate, amended. 88th Congress, H. R. 75 An Act To provide for exceptions to the rules of navigation in certain cases. 77 STAT. 281, Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the Sec- Vessels. retary of the Department in which the Coast Guard is operating may Navigation permit vessels desiring to navigate or operate under bridges con- rules, exstructed over navigable waters of the United States to temporarily ception. lower any lights, day signals, or other navigational means and appliances prescribed or required pursuant to law, rule, or regulation, and, if necessary, may authorize vessels so navigating or operating to depart from the rules to prevent collisions as prescribed by law, rule, or regulation. The Secretary of the Department in which the Coast Guard is operating may also prescribe such special regulations to be observed by vessels so navigating or operating as in his judgment the public safety may require for the prevention of collisions. (b) Notice of the regulations to accomplish the purposes of this Act shall be published in the Federal Register and in the Notice to Publication Mariners, and after the effective date specified in such notices, such in F. R. regulations shall have the force of law. (c) Any person who navigates or operates a vessel in violation of Penalty. the regulations established pursuant to this section shall be liable to a penalty not exceeding $500. In addition, any vessel navigated or operated in violation of the regulations established pursuant to this section shall be liable to a penalty of $500, for which sum such vessel may be seized and proceeded against, by way of libel, in the district court of the United States for any district within which such vessel may be found. Approved October 30, 1963. LEGISLATIVE HISTORY: HOUSE REPORT No. 375 (Comm. on Merchant Marine & Fisheries). CONGRESSIONAL RECORD, Vol. 109 (1963): June 17: Passed House. 88th Congress, S. 1172 An Act 77 STAT. 469. To amend Public Law 86–518 and section 506 of the Merchant Marine Act, 1936, to authorize the amendment of contracts between shipowners and the United States dealing with vessels whose life has been extended by Public Law 86-518. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 8(c) Vessels. of Public Law 86-518 is amended by adding the following to the end Contracts. thereof: "Provisions in such contracts affecting vessels covered by this 74 Stat. 216. Act providing for refund of construction-differential subsidy for 46 USC 1125 domestic operations under section 506 of the Merchant Marine Act, note. 1936, and costs of national defense features for commercial use shall be 52 Stat. 958. amended so that for such refund payments made for the period after 46 USC 1156. December 31, 1959, the base upon which such refund payments are computed annually thereafter shall be the undepreciated amount of subsidy or the national defense feature, as the case may be, as at December 31, 1959, divided by the years of life of the vessels as provided under this Act, remaining after December 31, 1959." Approved December 23, 1963. LEGISLATIVE HISTORY: HOUSE REPORT No. 1029 (Comm. on Merchant Marine and Fisheries). CONGRESSIONAL RECORD, Vol. 109 (1963): Oct. 7: Considered and passed Senate. 88th Congress, S. 1698 An Act 77 STAT. 470. To amend section 511 (h) of the Merchant Marine Act, 1936, as amended, in order to extend the time for commitment of construction reserve funds. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the proviso Merchant Marine at the end of section 511(h) of the Merchant Marine Act, 1936, as Act, amendment. amended, is amended to read as follows: "Provided, That until Janu- Construction reary 1, 1964, in addition to the extensions hereinbefore permitted, fur- serve funds. ther extensions may be granted ending not later than December 31, 1964." SEC. 2. The amendment made by the first section of this Act shall take effect December 31, 1963, or on the date of enactment of this Act, whichever date first occurs. Approved December 23, 1963. 76 Stat. 796. 46 USC 1161. Effective date. LEGISLATIVE HISTORY: HOUSE REPORT No. 1028 (Comm. on Merchant Marine & Fisheries). CONGRESSIONAL RECORD, Vol. 109 (1963): Dec. 3: Passed Senate. Dec. 17: Considered and passed House. |