H.R. 10327 (89th): An Act to require operators of ocean cruises by water between the United States, its possessions and ...

...territories, and foreign countries to file evidence of financial security and other information

89th Congress, 1965–1966. Text as of Nov 06, 1966 (Passed Congress/Enrolled Bill).

Status & Summary | PDF | Source: GPOStatutes at Large

1356                                         PUBLIC LAW 89-777-NOV. 6, 1966                       [80   STAT.

                           Public Law 89-777
November 6, 1966                                                AN ACT                   .;-,-. w.-^^
  [H. R. 10327]            To require evidence of adequate financial responsibility to pay judgments for per-
                             sonal injury or death, or to repay fares in the event of nonperformance of voy-
                             ages, to establish minimum standards for passenger vessels and to require
                             disclosure of construction details on passenger vessels, and for other purposes.

                              Be it enacted hy the Senate and House of Representatives of the
  Vessels.                 United States of America in Congress assembled, That section 4400 of
  Safety stand-
ards.                      the Revised Statutes, as amended (46 U.S.C. 362) is hereby further
                           amended by designating the existing section as subsection (a) and by
                           adding new subsections (b) and (c) as follows:
                              " (b) Owners, operators, agents, or any persons selling passage on a
                           foreign or domestic passenger vessel of one hundred gross tons or over
                           having berth or stateroom accommodations for fifty or more pas-
                           sengers and embarking passengers at United States ports for a coast-
                           wise or an international voyage shall notify each prospective pas-
                           senger of the safety standards with which the vessel complies or does
                           not comply in a manner prescribed by regulations promulgated in
                           accordance with this subsection. I n addition, all promotional litera-
                           ture or advertising in or over any medium of communication within
                           the United States offering passage or soliciting passengers for ocean
                           voyages anywhere in the world shall include similar information as a
                           part of the advertisement or description of the voyage in a manner
  Promulgation             prescribed by the same regulations. The Secretary of the Depart-
of regulations.            ment in which the Coast Guard is operating is authorized to promul-
                           gate regulations to implement the provisions of this subsection. For
                           each violation of regulations so promulgated, the owner, operator,
                           agent, or other person involved shall be subject to a civil penalty of
                           not more than $10,000 for which the vessel on which passage is to be
                           or is sold shall be liable. If tickets are sold, the owner, operator, agent,
                           or any other person involved in each violation of regulations so pro-
                           mulgated shall also be subject to a civil penalty of $500 for each ticket
                           sold for which the vessel on which passage is sold shall be liable.
                              "(c) Notwithstanding the provisions of subsection (a) of this sec-
                           tion, any foreign or domestic vessel of over 100 gross tons having berth
                           or stateroom accommodations for 50 or more passengers, shall not
                           depart a ITnited States port with passengers who are LTnited States
                           nationals, and who embarked at that port, if the Secretary of the
                           Department in which the Coast Guard is operating finds that such
                           vessel does not comply with the standards set forth in the Inter-
   16 UST 185.             national Convention for the Safety of Life at Sea, 1960, as modified by
                           the amendments proposed by the thirteenth session of the Maritime
                           Safety Committee of the Inter-governmental Maritime Consultative
                           Organization contained in Annexes I through I V of the Note Verbale
                           of the Secretary General of the Organization dated 17 May 1966, No.
                           Al/C/3.07 ( N V . l ) . "
  Death or injury             SEC. 2. (a) Each owner or charterer of an American or foreign
to p a s s e n g e r s .
  Financial re-            vessel having berth or stateroom accommodations for fifty or more
sponsibility of •
owners, e t c .
                           passengers, and embarking passengers at United States ports, shall
                           establish, under regulations prescribed by the Federal Maritime Com-
                           mission, his financial responsibility to meet any liability he may incur
                            for death or injury to passengers or other persons on voyages to or
                            from United States ports, in an amount based upon the number of pas-
                           senger accommodations aboard the vessel, calculated as follows:
                                    $20,000 for each passenger accommodation up to and including
                                 five hundred; plus
                                    $15,000 for each additional passenger accommodation between
                                 five hundred and one and one thousand; plus

80 STAT.] PUBLIC LAW 8 9 - 7 7 7 - N O V . 6, 1966 1357 $10,000 for each additional passenger accommodation between one thousand and one and one thousand five hundred; plus $5,000 for each passenger accommodation in excess of one thou- sand five hundred: Provided^ however^ That if such owner or charterer is operating more than one vessel subject to this section, the foregoing amount shall be based upon the number of passenger accommodations on the vessel being so operated which has the largest number of passenger accom- modations. This amount shall be available to pay any judgment for damages, whether in amount less than or more than $20,000 for death or injury occurring on such voyages to any passenger or other person. Such financial responsibility may be established by any one of, or a combination of, the following methods which is acceptable to the Commission: (1) policies of insurance, (2) surety bonds, (3) qualifica- (ions as a self-insurer, or (4) other evidence of financial responsibility. (b) If a bond is filed with the Commission, then such bond shall be '^^^^"^ °^ ^°"'^^- issued by a bonding company authorized to do business in the United States or any State thereof or the District of Columbia, the Common- wealth of Puerto Rico, the Virgin Islands, or any territory or posses- sion of the United States. (c) Any person who shall violate this section shall be subject to a Penalties. civil penalty of not more than $5,000 in addition to a civil penalty of $200 for each passage sold, such penalties to be assessed by the Federal Maritime Commission. These penalties may be remitted or mitigated by the Federal Maritime Commission upon such terms as they in their discretion shall deem proper. (d) The Federal Maritime Commission is authorized to prescribe such regulations as may be necessary to carry out the provisions of this section. The provisions of the Shipping Act, 1916, shall apply with ^^ use 342' respect to proceedings conducted by the Commission under this sec- tion. (e) The collector of customs at the port or place of departure from Refusal of the United States of any vessel described in subsection (a) of this sec- "^ tion shall refuse the clearance required by section 4197 of the Revised Statutes (46 U.S.C. 91) to any such vessel which does not have evi- dence furnished by the Federal Maritime Commission that the provi- sions of this section have been complied with. SEC. 3. (a) No person in the United States shall arrange, offer, ^f^JaTsportaUon! advertise, or provide passage on a vessel having berth or stateroom indemnification accommodations for fifty or more passengers and w^hich is to embark °^ passengers. passengers at United States ports without there first having been filed w'ith the Federal Maritime Commission such information as the Commission may deem necessary to establish the financial respon- sibility of the person arranging, offering, advertising, or providing such transportation, or in lieu thereof a copy of a bond or other security, in such form as the Commission, by rule or regulation, may require and accept, for indemnification of passengers for nonper- formance of the transportation. (b) If a bond is filed with the Commission, such bond shall be issued by a bonding company autht)rized to do business in the United States or any State thereof, or the District of Columbia, the Common- wealth of Puerto Rico, the Virgin Islands or any territory or posses- sion of the United States and such bond or other security shall be in an amount paid equal to the estimated total revenue for the particu- lar transportation. (c) Any person who shall violate this section shall be subject to Penalties. a civil penalty of not more than $5,000 in addition to a civil penalty of $200 for each passage sold, such penalties to be assessed by the 65-300 0-67—88
1358 PUBLIC LAW 89-778-NOV. 6, 1966 [80 STAT. Federal Maritime Commission. These penalties may be remitted or mitigated by the Federal Maritime Commission upon such terms as they in their discretion sliall deem proper, (d) The Federal Maritime Commission is authorized to prescribe such regulations as may be necessary to carry out the provisions of this 39 Stat. 728. section. The provisions of the Shipping Act, 1916, shall apply with 46 u s e 842. respect to proceedings conducted by the Commission under this section. (e) The collector of customs at the port or place of departure from the United States of any vessel described in subsection (a) of this section shall refuse the clearance required by section 4197 of the Ke- vised Statutes (46 U.S.C. 91) to any such vessel which does not have evidence furnished by tlie Federal Maritime Commission that the provisions of this section have been complied with. U.S. p a s s e n g e r SEC. 4. Subsection (b) of section 5 of the Act of May 27, 1936 (49 vessels. Construction Stat. 1384; 46 U.S.C. 369), is amended by adding at the end thereof with fire-retardant the following: "After November 1, 1968, no passenger vessel of the material. United States of one hundred gross tons or over, having berth or stateroom accommodations for fifty or more passengers, shall be granted a certificate of inspection by the Coast Guard unless the vessel is constructed of fire-retai'dant material. The structural fire protec- tion provided on these vessels shall conform to the requirements set forth in regulations for a vessel contracted for on or after May 28, 1936." Effective d a t e s . SEC. 5. The new subsection (b) of section 4400 of the Revised Statutes and section 3 of this Act shall become effective one hundred and eighty days after enactment of this Act. The new subsection (c) of section 4400 of the Eevised Statutes shall become effective on the date Avhen the recommended amendments to the International Con- vention for the Safety of Life at Sea, 1960, come into force, but in any case not later than November 2, 1968. Section 2 of this Act shall become effective nine months after enactment of this Act. Section 4 of this Act shall become effective on November 2, 1968, Approved November 6, 1966. Public Law 89-778 November 6, 1966 AN ACT [S.3391] j , ^ amend the Shippiiijr Act, 1916, as amended, to authorize exemption from the provisions of the Act. Be it enacted hy the Senate and House of Representatives of the Shipping Act, United States of America In Congress assembled^ That the Shipping 1916, amendment. 39 Stat. 728. Act, 1916 (46 U.S.C. 801 et seq.), is amended by adding thereto the following new section: "SEC. 35. The Federal Maritime Commission, upon application or on its own motion, may by order or rule exempt for the future any class of agreements between persons subject to this Act or any specified activity of such persons from any requirement of the Shipping Act, 47 Stat. 1425. 46 u s e 848. 1916, or Intercoastal Shipping Act, 1933, where it finds that such exemption will not substantially impair effective regulation by the Federal Maritime (Commission, be unjustly discriminatory, or be detrimental to commerce. "The Commission may attach conditions to any such exemptions and may, by order, revoke any such exemption. "No order or rule of exemption or revocation of exemption shall be issued unless opportunity for hearing has been afforded interested persons," Approved November 6, 1966.