47 U.S.C. § 381 — Vessels transporting more than six pas-

Page 226 TITLE 47—TELECOMMUNICATIONS § 362 the Commission over all matters connected with the radio equipment and its operation on ship- board and its decision and determination in re- gard to the radio requirements, installations, or exemptions from prescribed radio requirements shall be final, subject only to review in accord- ance with law. (June 19, 1934, ch. 652, title III, § 363, formerly § 361, as added May 20, 1937, ch. 229, § 10(b), 50 Stat. 196; renumbered § 363, Aug. 13, 1954, ch. 729, § 2(a)(1), 68 Stat. 706.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective May 20, 1937, see section 16 of act May 20, 1937, set out as a note under section 351 of this title. § 362. Forfeitures; recovery The following forfeitures shall apply to this part, in addition to the penalties and forfeitures provided by subchapter V of this chapter: (a) Any ship that leaves or attempts to leave any harbor or port of the United States in viola- tion of the provisions of this part, or the rules and regulations of the Commission made in pur- suance thereof, or any ship of the United States that is navigated outside of any harbor or port in violation of any of the provisions of this part, or the rules and regulations of the Commission made in pursuance thereof, shall forfeit to the United States the sum of $5,000, recoverable by way of suit or libel. Each such departure or at- tempted departure, and in the case of a ship of the United States each day during which such navigation occurs shall constitute a separate of- fense. (b) Every willful failure on the part of the master of a ship of the United States to enforce or to comply with the provisions of this chapter or the rules and regulations of the Commission as to equipment, operators, watches, or radio service shall cause him to forfeit to the United States the sum of $1,000. (June 19, 1934, ch. 652, title III, § 364, formerly § 362, as added May 20, 1937, ch. 229, § 10(b), 50 Stat. 196; renumbered § 364, Aug. 13, 1954, ch. 729, § 2(a)(1), 68 Stat. 706; amended Pub. L. 101–239, title III, § 3002(g), Dec. 19, 1989, 103 Stat. 2131.) Editorial Notes REFERENCES IN TEXT This part, referred to in text, commences with sec- tion 351 of this title. This chapter, referred to in subsec. (b), was in the original ‘‘this Act’’, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see section 609 of this title and Tables. AMENDMENTS 1989—Subsec. (a). Pub. L. 101–239, § 3002(g)(1), sub- stituted ‘‘$5,000’’ for ‘‘$500’’. Subsec. (b). Pub. L. 101–239, § 3002(g)(2), substituted ‘‘$1,000’’ for ‘‘$100’’. EFFECTIVE DATE Section effective May 20, 1937, see section 16 of act May 20, 1937, set out as a note under section 351 of this title. § 363. Automated ship distress and safety systems Notwithstanding any provision of this chapter or any other provision of law or regulation, a ship documented under the laws of the United States operating in accordance with the Global Maritime Distress and Safety System provisions of the Safety of Life at Sea Convention shall not be required to be equipped with a radio teleg- raphy station operated by one or more radio of- ficers or operators. This section shall take effect for each vessel upon a determination by the United States Coast Guard that such vessel has the equipment required to implement the Global Maritime Distress and Safety System installed and operating in good working condition. (June 19, 1934, ch. 652, title III, § 365, as added Pub. L. 104–104, title II, § 206, Feb. 8, 1996, 110 Stat. 114.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. PART III—RADIO INSTALLATIONS ON VESSELS CARRYING PASSENGERS FOR HIRE § 381. Vessels transporting more than six pas- sengers for hire required to be equipped with radiotelephone Except as provided in section 382 of this title, it shall be unlawful for any vessel of the United States, transporting more than six passengers for hire, to be navigated in the open sea or any tidewater within the jurisdiction of the United States adjacent or contiguous to the open sea, unless such vessel is equipped with an efficient radiotelephone installation in operating condi- tion. (June 19, 1934, ch. 652, title III, § 381, as added Aug. 6, 1956, ch. 973, § 1, 70 Stat. 1047; amended Pub. L. 103–414, title III, § 303(a)(20)(A), Oct. 25, 1994, 108 Stat. 4295.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–414 inserted section catchline. Statutory Notes EFFECTIVE DATE Section 4 of act Aug. 6, 1956, provided that: ‘‘The amendments made herein [enacting this part and Page 227 TITLE 47—TELECOMMUNICATIONS § 385 amending sections 153 and 504 of this title] shall take effect March 1, 1957.’’ § 382. Vessels excepted from radiotelephone re- quirement The provisions of this part shall not apply to— (1) vessels which are equipped with a radio installation in accordance with the provisions of part II of this subchapter, or in accordance with the radio requirements of the Safety Con- vention; and (2) vessels of the United States belonging to and operated by the Government, and (3) vessels navigating on the Great Lakes. (June 19, 1934, ch. 652, title III, § 382, as added Aug. 6, 1956, ch. 973, § 1, 70 Stat. 1048; amended Pub. L. 103–414, title III, § 303(a)(20)(B), Oct. 25, 1994, 108 Stat. 4295; Pub. L. 104–104, title IV, § 403(h)(2), Feb. 8, 1996, 110 Stat. 131.) Editorial Notes REFERENCES IN TEXT Part II of this subchapter, referred to in par. (1), is classified to section 351 et seq. of this title. AMENDMENTS 1996—Par. (2). Pub. L. 104–104 struck out ‘‘except a vessel of the United States Maritime Administration, the Inland and Coastwise Waterways Service, or the Panama Canal Company,’’ after ‘‘the Government,’’. 1994—Pub. L. 103–414 inserted section catchline. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Mar. 1, 1957, see section 4 of act Aug. 6, 1956, set out as a note under section 381 of this title. § 383. Exemptions by Commission The Commission shall exempt from the provi- sions of this part any vessel, or class of vessels, in the case of which the route or conditions of the voyage, or other conditions or cir- cumstances, are such as to render a radio instal- lation unreasonable, unnecessary, or ineffective, for the purposes of this chapter. (June 19, 1934, ch. 652, title III, § 383, as added Aug. 6, 1956, ch. 973, § 1, 70 Stat. 1048; amended Pub. L. 103–414, title III, § 303(a)(20)(C), Oct. 25, 1994, 108 Stat. 4295.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables. AMENDMENTS 1994—Pub. L. 103–414 inserted section catchline. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Mar. 1, 1957, see section 4 of act Aug. 6, 1956, set out as a note under section 381 of this title. § 384. Authority of Commission; operations, in- stallations, and additional equipment The Commission shall have authority with re- spect to any vessel subject to this part— (1) to specify operating and technical condi- tions and characteristics including fre- quencies, emissions, power, communication capability and range, of installations required by reason of this part; (2) to approve the details as to the location and manner of installation of the equipment required by this part or of equipment neces- sitated by reason of the purposes and require- ments of this part; (3) to approve installations, apparatus and spare parts necessary to comply with the pur- poses and requirements of this part; (4) to prescribe such additional equipment as may be determined to be necessary to supple- ment that specified herein for the proper func- tioning of the radio installation installed in accordance with this part or for the proper conduct of radio communication in time of emergency or distress. (June 19, 1934, ch. 652, title III, § 384, as added Aug. 6, 1956, ch. 973, § 1, 70 Stat. 1048; amended Pub. L. 103–414, title III, § 303(a)(20)(D), Oct. 25, 1994, 108 Stat. 4295.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–414 inserted section catchline. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Mar. 1, 1957, see section 4 of act Aug. 6, 1956, set out as a note under section 381 of this title. § 385. Inspections The Commission or an entity designated by the Commission shall make such inspections as may be necessary to insure compliance with the requirements of this part. In accordance with such other provisions of law as apply to Govern- ment contracts, the Commission may enter into contracts with any person for the purpose of car- rying out such inspections and certifying com- pliance with those requirements, and may, as part of any such contract, allow any such person to accept reimbursement from the license holder for travel and expense costs of any employee conducting an inspection or certification. (June 19, 1934, ch. 652, title III, § 385, as added Aug. 6, 1956, ch. 973, § 1, 70 Stat. 1048; amended Pub. L. 103–414, title III, § 303(a)(20)(E), Oct. 25, 1994, 108 Stat. 4295; Pub. L. 104–104, title IV, § 403(o), Feb. 8, 1996, 110 Stat. 132.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–104 inserted ‘‘or an entity des- ignated by the Commission’’ after ‘‘The Commission’’ and inserted at end ‘‘In accordance with such other pro- visions of law as apply to Government contracts, the Commission may enter into contracts with any person for the purpose of carrying out such inspections and certifying compliance with those requirements, and may, as part of any such contract, allow any such per- son to accept reimbursement from the license holder for travel and expense costs of any employee con- ducting an inspection or certification.’’ 1994—Pub. L. 103–414 inserted section catchline.