'Subject to understandings as follows: "That the United States Government understands and construes the words 'vessels registered in a territory' appearing in this convention to include all vessels of the United States as defined under the laws of the United States.

"That the United States Government understands and construes the words 'maritime navigation' appearing in this Convention to mean navigation on the high seas only.

"That the provisions of this convention shall apply to all territory over which the United States exercises jurisdiction except the Government of the Commonwealth of the Philippine Islands and the Panama Canal Zone, with respect to which this Government reserves its decision."

'Subject to subsequent decisions regarding application to Belgian Congo and to territories under Belgian Mandate.

1-2-120. MINIMUM AGE (SEA) CONVENTION (REVISED), 1936 (ILO NO. 58)

1-2-120A. Background Information

The Minimum Age Convention, 1936, contains the provisions of the revised Draft Convention No. 58 sponsored by the International Labor Organization under the League of Nations. This Convention was ratified by the United States and the ratification was deposited on October 29, 1938, and became effective on October 29, 1939.

1-2-120B. Scope

The Minimum Age Convention, 1936, contains 12 articles and two reservations which are applicable to the United States. The Convention applies to all public and privately owned vessels except ships of war which are engaged in maritime navigation and restricts the employment of children on board vessels. Specific requirements apply to the employment of children under 16 years of age.

1-2-120C. Enforcement

While the Convention appears to be selfexecuting it would seem that in order to make effective the provisions of the treaty as a whole enabling legislation to this end should be passed. The provisions of this Convention are followed insofar as the issuing of certificates and documents to merchant seamen are concerned by the United States Coast Guard. There has been no general directive issued regarding compliance of these requirements by other countries signatory to this Convention. 1-2-120D. Signatory Countries

The Minimum Age Convention, 1936, also known as Provisions of Draft Convention No. 58, concerning the minimum age of children employed on public and private vessels becomes effective one year after the date of ratification is registered. Based on information received from the State Department, this Convention became effective October 29, 1939, for the United States, and the following countries have deposited ratifications:

Country

United States of

on

Ratifications registered, dates of

America1........... October 29, 1938

See footnotes at end of table.

1-2-125. TREATY BETWEEN UNITED STATES AND CANADA DEFINING CERTAIN WATERS OF THE WEST COAST OF NORTH AMERICA AS SHELTERED WATERS

1-2-125A. Background Information The provisions of Article 2, section 2 of the International Load Line Convention, 1930, authorizes two or more countries to exempt their ships from the provisions of the Load Line Convention when such ships are engaged on international voyages between such countries and where it is unreasonable or impracticable to apply the provisions of this convention to ships engaged in such trade because of the sheltered nature and conditions of such voyages. The

United States and Canada, therefore, entered into a treaty exempting United States and Canadian vessels from the requirements of the Load Line Convention when engaged on voyages between Puget Sound and Cape Spencer, Alaska. The specific descriptions of the waters covered are set forth in the treaty as contained in a proclamation by the President of the United States, dated August 11, 1934, which is printed in the Coast Guard pamphlets "International Conventions and Conferences on Marine Safety," CG-242, and in the "Appendix to the Load Line Regulations," CG-176. 1-2-125B. Scope

after. It does not apply to vessels of less than 200 gross tons, small wooden vessels, or fishing vessels. This Convention will come into force in August 1955 for the following countries: Argentina, Belgium, Bulgaria, Canada, France, Italy, Norway, Poland, Portugal, and Uruguay.

1-2-130. CERTIFICATION OF ABLE SEAMEN CONVENTION, 1946 (ILO NO. 74)

1-2-130A. Background Information

The Certification of Able Seamen Convention, 1946, was formulated at the 28th (Maritime) Session of the International Labor Conference held at Seattle, Washington, June 6 to 29, 1946. This Convention requires each ratifying authority to provide by law or regulation for the certification of able seamen as a condition of employment on shipboard with minimum standards regarding age, sea service, and examination. While the existing laws and regulations administered by the United States Coast Guard are higher than requirements of this Convention, it is ratified by the United States in an effort to encourage effective minimum labor standards among maritime nations.

1-2-130B. Scope

The Certification of Able Seamen Con vention, 1946, is composed of 13 articles and two reservations which apply to the United States. This Convention provides in effect that no person shall be engaged to serve on any vessel as an able seaman unless he is a person who is deemed to be competent to perform any duty which may be required of a member of the deck department, and unless he holds a certificate of qualification as an able seaman. This Convention applies

to seagoing vessels only and the existing laws of the United States and regula tions promulgated pursuant thereto relating to the qualifications, examination, and certification of able seamen are equal to or in excess of the requirements in this Convention. By

reservations the United States will continue the issuing of limited certificates as able seamen to persons of less service or training than prescribed in the Convention.

1-2-130C. Enforcement

The Certification of Able Seamen Convention, 1946, in accordance with Article 6, became effective on and after April 9, 1954. No implementing legislation considered necessary. No changes in present system of certificating of able seamen will be made for this purpose.

1-2-130D. Signatory Countries

The ratification of the Certification of Able Seamen Convention, 1946, becomes effective one year after the date of deposit of ratification. The Certification of Able Seamen Convention, 1946, also called Convention No. 74 concerning the certification of able seamen, was adopted at Seattle on June 29, 1946, by the General Conference of the International Labor Organization at its 28th Session and modified by the Final Articles Articles Revision Convention, 1946, adopted at Montreal on October 9, 1946, by the General Conference of the International Labor Organization at its 29th Session (62 Stat. (a) 1672; Treaties and Other International Series 1810). Based on information received from the State Department, this Convention became effective for the United States on April 9, 1954, and the following countries have deposited ratifications:

'Subject to understandings as follows: "It is the understanding of the Government of the United States of America that nothing in this convention will interfere with the practice in the United States of America of issuing limited certificates as able seamen to persons of less service or training than prescribed in the convention and of the signing on such persons, who are considered as holding an intermediate rating which is outside the terms of the convention; and

"It is the understanding of the Government of the United States of America that this convention shall apply to seagoing vessels only, and that for this purpose the words 'seagoing vessel' shall mean a merchant vessel of more than 100 gross tons, which in the usual course of her employment proceeds outside the line dividing the inland, waters from the high seas as defined under section 2 of the Act of February 19, 1895, 28 Stat. 672, as amended (U. S. C. title 33, sec. 151).''

1-2-150. INTERNATIONAL RULES

FOR PREVENTING COLLISIONS OF VESSELS, 1948

1-2-150A. Background Information

The International Rules for Preventing Collisions of Vessels were considered for revision at the Safety of Life at Sea Conference held in London in 1948. These

rules were appended to the Conference report as an annex and provided that when adopted by practically all of the maritime nations then they would become effective. The revised International Rules for navigation at sea were adopted by Congress in Public Law 172, approved October 11, 1951 (65 Stat. 406-420; 33 U. S. C. 143-147d). The difference between these rules and most treaties and conventions is that these rules have been adopted by an act of Congress, and were made effective upon a date to be set by a proclamation of the President published in the Federal Register. The President issued Proclamation 3030 setting forth the "Regulations for Preventing Collisions at Sea" under the date of August 15, 1953, and this proclamation was published in the Federal Register dated August 21, 1953 (F.R.R.S. No. 56-53), and announced that these regulations would be in effect on and after January 1, 1954. These statutory rules are published in the Coast Guard pamphlet entitled "Rules to Prevent Collisions of Vessels and Pilot Rules for Certain Inland Waters of the Atlantic and Pacific Coasts and of the Coast of the Gulf of Mexico," CG-169, and are in comparison form with the statutory Inland Rules.

1-2-150B. Scope

The "Regulations for Preventing Collisions at Sea" are applicable to all vessels upon the high seas and in all waters except certain inland waters of the United States, the Great Lakes, and the western rivers. The lights for Coast Guard vessels of special construction may be exempted from the requirements of these statutory rules under certain terms and conditions. The extent of compliance and exemptions for Coast Guard vessels of special construction are set forth in Part 135 of Title 33, Code of Federal Regulations. The statutory rules in the Act of October 11, 1951, as amended (65 Stat. 406-420; 33 U. S. C.

143-147d, 49 U. S. C. 177 (a), 560 (a)), replace and supersede the revised International Rules in the Act of August 19, 1890, as amended (26 Stat. 320-328; 33 U. S. C. 61-142).

1-2-200. COAST GUARD RULES AND

REGULATIONS

1-2-200A. General

Rules and regulations are promulgated pursuant to laws authorizing them. The basic law authorizing rules and regula tions normally specifies their scope and extent. Such rules and regulations have the force and effect of law. In addition, the Federal Register Act and the Administrative Procedure Act contain procedural requirements governing rules and regulations.

1-2-200B. Federal Register

The Federal Register Act (49 Stat. 500, 44 U. S. C. 301-314) was approved July 26, 1935, and requires governmental agencies to file documents containing rules and regulations having future force and effect before such requirements may become effective. In addition, provided that all existing agency regulations as of January 1, 1938, shall be published by the Federal Register Division. The regulations are, therefore, officially published in the Federal Register and in the Code of Federal Regulations. Publication of rules and regulations in the Federal Register and the Code of Federal Regulations provides for judicial notice of the document. The publication in the Federal Register of any document shall create a rebuttable presumption that it was duly issued, prescribed or promulgated; that it was duly filed with the Federal Register Division and made available for public inspection at the day and hour stated in the printed notation; that the copy contained in the Federal Register is a true copy of the original; and that all of the requirements of the

Federal Register Act and the regulations prescribed thereunder relative to such document have been complied with. The contents of the Federal Register shall be judicially noticed and without prejudice to any other mode of citation may be cited by volume and page number. Since 1935 the Federal Register has been published as a daily issue bearing dates of Tuesday through Saturday, except for days following legal holidays. Rules and regulations published in the Federal Register have met the minimum legal requirements and it is deemed that notice has been given to all persons residing within the continental United States, but not including Alaska, and establishes that at least fifteen days. shall be given as time of notice, except where a shorter period is reasonable. 1-2-200C. Code of Federal Regulations

On July 1, 1938, each agency of the government then in existence prepared and filed a complete set of all documents and publications, which in the opinion of the agency, had general applicability and legal effect and were relied upon as authority for, or were invoked or used in the discharge of its functions or activities on June 1, 1938. These regulations were published in the Code of Federal Regulations, 1938 edition. Rules and regulations were kept current by the addition of supplements. The rules and regulations were reissued as the 1949 edition of the Code of Federal Regulations. Certain books in this edition have been revised since 1949.

1-2-200D. Administrative Procedure Act

The Administrative Procedure Act, approved June 11, 1946 (60 Stat. 237-244; 5 U. S. C. 1001-1011), provides basic requirements pertaining to rules and regulations and their promulgation. The Administrative Procedure Act requires publication in the Federal Register of