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Selected Work Load Data for Marine Inspection Offices, is required to be submitted to Commandant (M) monthly. It is recognized that this form deals only with inspection functions and that the data requested by no means covers all functions currently performed by marine inspection offices. In addition, each marine inspection office is regularly inspected by area inspectors. These inspections are conducted so that inspection reports will be available to appropriate district commanders for use in preparation of semiannual fitness reports on OCMIs. These inspections use a check off list of required materials and information. A copy of this check off list should be in the local marine inspection office file. If not, specimen check off lists are usually available from district commanders.

1-1-85. SPACE ALLOCATION FOR MARINE INSPECTION OFFICE

On or before October 1 of each calendar year each OCMI shall review the space allocation for merchant marine safety functions currently being performed. Each OCMI shall determine whether or not greater centralization of assigned activities is possible and indicate rearrangement or changes in the space allocation to improve efficiency. In this respect attention is invited to outstanding directives with respect to disposal of excess files and papers. Where records or material become inactive or no longer necessary immediate steps shall be taken to have such records disposed of or placed in proper classification with respect to disposal or transfer to depositories.

PART 1-2--LEGISLATION, CONVENTIONS, TREATIES, AND REGULATIONS

1-2-1. SOURCES OF AUTHORITY

The authority for Coast Guard's administration and enforcement of merchant marine safety activities rests upon statutory law. However, in a few instances the Coast Guard has been designated as an enforcing agency by Executive Order. The merchant marine safety activities are conducted under the authority of a series of acts of Congress which are primarily embodied in Titles 52 and 53 of the Revised Statutes and separate acts amendatory or supplementary thereto. This legislation is generally divided into two groups: "Shipping" and "Navigation and Navigable Waters." Most of the laws relating to shipping will be found in Title 46 of the United States Code. Most of the laws relating to navigation and navigable waters will be found in Title 33 of the United States Code.

1-2-5. PUBLIC LAWS

The public laws" of the United States originate in Congress. After the House of Representatives and the Senate have passed a bill it is sent to the President for approval. When the President approves the bill it then becomes a 'public law' and is assigned a number, together with the session of Congress in which enacted. The date of the act is the date the act is approved by the President. The "public law" is first printed in "slip sheet" form. This is the first official publication of the act and is acceptable evidence of the requirements of law. The "slip sheets" of the public laws have marginal notes indicating the volume and page numbers of the Statutes at Large in which it will eventually be printed. With each session of Congress

the public laws are numbered consecutively, starting with the arabic number 1. The public law normally carries the Senate bill, House bill, or joint resolution number to identify legislative background material. When citing public laws as authority, it is necessary to indicate the Congress in which the law was enacted or the date approved in order to positively identify it. Proposed legislation prior to enactment is normally identified by a Senate bill number, House bill number, or joint resolution number. 1-2-10. STATUTES AT LARGE

The Statutes at Large" is the name for a series of books containing the official version of the "public laws" of the United States, as well as private laws, concurrent resolutions, treaties, conventions, and proclamations, which are officially promulgated. At the close of each Congress (which may include several sessions, but does not extend over a two year period) the public laws are published in volumes serially numbered and entitled "Statutes at Large." The laws of the first 42 Congresses are published in Volumes 1 to 17, inclusive, of the Statutes at Large." Beginning with Volume 18 (43d Congress), there has been a separate volume for each Congress. Beginning with the 57th Congress (1901-1903) the Statutes at Large has been divided into parts or books because of the large number of pages involved. The Statutes at Large contains the verbatim text of the laws adopted and must be accepted as the legal evidence of the text of the laws printed.

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of the general and permanent laws having future force and effect which were in force in 1874. The Revised Statutes was the first logical arrangement of laws by subjects. A corrected edition of the Revised Statutes was published in 1878 and is known as "Revised Statutes, 1878." Two supplements were issued in 1891 and in 1899. Title 52 of the Revised Statutes deals with inspection of vessels. Title 53 deals with seamen and manning of vessels. These inspection laws still apply to certain vessels today. At the present time many laws amend or supplement the original requirements published in the Revised Statutes, thus making it difficult to define exactly the scope of the laws governing merchant marine safety.

1-2-20. UNITED STATES CODE

Congress in 1924 approved the printing of the laws by subject and in codified form. The publication known as the "United States Code" was first drawn up and approved in 1927, and require ments therein may be accepted as prima facie evidence of the laws of the United States which are general and permanent in their nature. The United States Code is not intended to replace the Statutes at Large nor the Revised Statutes. However, this codification of the laws is the most usable and readily available source of the laws of the United States. The laws are arranged by subject matter under 50 general titles. Each section of law is assigned a specific number in the title. In recent reorganization of statutes pertaining to specific subjects, Congress has enacted into positive law certain titles of the United States Code. This is true in connection with Title 14 of the United States Code which contains the basic statutory authority governing the Coast Guard. Nearly all the laws which are of professional interest to personnel performing merchant marine safety activities and functions are included in the following titles:

Title 18-"Criminal Code and Criminal Procedures" which deals with crimes;

Title 33--Navigation and Navigable Waters," which deals with the rules of the road, duties of the Corps of Engineers with respect to navigable waters of the United States, and the Oil Pollution Act;

Title 46--"Shipping," which deals with vessel inspection, manning of vessels, licensing, certificating, and disciplining of seamen, duties of Coast Guard personnel, etc.

Other titles of the United States Code containing laws which affect the administration, organization, and application of requirements of merchant marine safety functions and activities. These laws are generally included in the following titles:

Title 5-Executive Departments and
Government Officers and Employ-
ees";

Title 14-"Coast Guard";
Title 19--"Customs Duties'';
Title 37--"Pay and Allowances (Army,
Navy, Marine Corps, Coast Guard,
Coast and Geodetic Survey, and
Public Health Service)'';

Title 41--"Public Contracts";

Title 44--"Public Printing and Documents''; and,

Title 50--"War and National Defense and Appendix”.

NOTE: The various sections of a particular public law" may be placed in separate sections in the United States Code. Therefore, unless a person is careful, it is possible to give a wrong interpretation of a specific provision when it is read out of context with other parts of the same "public law" or act. 1-2-25. LAWS GOVERNING MARINE INSPECTION

The inspection laws are intended to promote safety in the merchant marine.

The original provisions have always provided that copies of Title 52 of the Revised Statutes shall be kept on board merchant vessels carrying passengers. The publication CG-227, "Laws Governing Marine Inspection," contains the unrepealed provisions of Title 52 of the Revised Statutes and those acts or portions thereof enacted by Congress subsequent to 1874 pertaining to marine inspection in order to bring the publication up to date. date. This publication is divided into chapters in an effort to group similar requirements for ease in locating material.

1-2-30. REORGANIZATION PLAN NO. 3 OF 1946

Reorganization Plan No. 3 of 1946, effective July 16, 1946, under the provisions of section 6 of Public Law 263, Seventy-ninth Congress, made permanent the transfer of marine inspection functions of the Bureau of Marine Inspection and Navigation, including those exercised by the Director, the Board of Supervising Inspectors, the Supervising Inspectors, and the Local Boards, to the Commandant of the Coast Guard. This transfer of functions was originally made by Executive Order No. 9083, dated February 28, 1942, and effective March 1, 1942. The text of Reorganization Plan No. 3 of 1946 as it pertains to the Department of the Treasuary is set forth in Federal Register Reprint Series No. 194 and the August 1946 "Proceedings of the Merchant Marine Council," page 119 (11 F. R. 7875).

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(b) This section shall not apply to the functions vested by the Administrative Procedure Act (60 Stat. 237) in hearing examiners employed by the Department of the Treasury or to functions vested by any provision of law in the Comptroller of the Currency.

(c) Notwithstanding the transfer to the Secretary of the Treasury of the functions of the United States Coast Guard and of the functions of the Commandant of the Coast Guard, effected by the provisions of subsection (a) of this section, such Coast Guard, together with the said functions, shall operate as a part of the Navy, subject to the orders of the Secretary of the Navy, in time of

war or when the President shall SO direct, as provided in section 1 of the Act of January 28, 1915 (ch. 20, 38 Stat. 800, as amended, 14 U. S. C. 1).

Section 2. Performance of functions of Secretary. The Secretary of the Treasury may from time to time make such provisions as he shall deem appropriate authorizing the performance by any other officer, or by any agency or employee, of the Department of the Treasury of any function of the Secretary, including any function transferred to the Secretary by the provisions of this reorganization plan.

Section 3. Administrative Assistant Secretary. There shall be in the Department of the Treasury an Administrative Assistant Secretary of the Treas ury, who shall be appointed, with the approval of the President, by the Secretary of the Treasury under the classified civil service, who shall perform such duties as the Secretary of the Treasury shall prescribe, and who shall receive compensation at the rate of $14,000 per

annum.

Section 4. Incidental transfers. The Secretary of the Treasury may from time to time effect such transfers within the Department of the Treasury of any of the records, property, personnel, and unexpended balances (available or to be made available) of appropriations, allocations, and other funds of such Department as he may deem necessary in order to carry out the provisions of this reorganization plan.

1-2-36. ASSIGNMENT OF FUNCTIONS UNDER REORGANIZATION PLAN NO. 26 OF 1950 AND CONTINUATION IN EFFECT OF ORDERS, RULES, REGULATIONS, ETC. The Secretary of the Treasury delegated the functions transferred to him under Reorganization Plan No. 26 of 1950 by an order dated July 31, 1950, and published in the Federal Register dated

September 27, 1950 (15 F. R. 6521;
F. R. R. S. No. 28-50). Under this order
the Commandant continues to perform
the same functions as before Reorgani-
zation Plan No. 26 became effective.
This order also continues in effect
orders, rules, regulations, etc., in effect
on July 31, 1950. The order of the
Secretary of
of the Treasury reads as
follows:

ASSIGNMENT OF FUNCTIONS UNDER
REORGANIZATION PLAN 26 OF 1950

The following order was issued by the Secretary of the Treasury under date of July 31, 1950:

By virtue of the authority vested in me by Reorganization Plan No. 26 of 1950, it is directed that officers, employees, and agencies of the Treasury Department shall continue to perform the functions they were authorized to perform immediately prior to the effective date of the Reorganization Plan, and authorized regulations and procedures in effect immediately prior to the effective date of the Reorganization Plan shall continue in effect until changed by the appropriate authority.

1-2-37. DELEGATION OF AUTHORITY

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