Executive Order 11239

by President of the United States

Executive Order 11239 of July 31, 1965

Enforcement of the Convention for Safety of Life at Sea, 1960

WHEREAS under Article I of the International Convention for Safety of Life at Sea, signed at London on June 17, 1960, ratified by the United States of America, and proclaimed by the President on March 24, 1965 (TIAS 5780), hereinafter sometimes referred to as the Convention, the Government of the United States of America, together with the governments of the other countries which have become parties to the Convention, undertakes to give effect to the provisions of the Convention and of the Regulations annexed thereto, to promulgate all laws, decrees, orders, and regulations, and to take all other steps which may be necessary to give the Convention full and complete effect, so as to insure that, from the point of view of safety of life, a ship is fit for the service for which it is intended; and

WHEREAS it is expedient and necessary, in order that the Government of the United States of America may give full and complete effect to the Convention, that several departments and agencies of the Executive Branch of the Government perform functions and duties thereunder; and

WHEREAS, in accordance with Article XI thereof, the Convention came into force on May 26, 1965:

NOW THEREFORE, by virtue of the authority vested in me by Section 301 of Title 3 of the United States Code and as President of the United States of America, it is ordered as follows:

Section 1.

The Secretary of State, the Secretary of the Treasury (acting through the Coast Guard), the Secretary of Commerce (acting through the Weather Bureau), and the Federal Communications Commission, respectively, are hereby directed, in relation to the fulfillment of the obligations undertaken by the Government of the United States of America under the Convention, to perform the functions and duties therein prescribed and undertaken which appertain to the functions and duties which they severally are now authorized or directed by law to perform. Each of the Secretaries and the Commission shall cooperate and assist the others in carrying out the duties imposed by the Convention and by this order.

Sec. 2.

The Secretary of the Treasury (acting through the Coast Guard), or such other agency as may be authorized by law so to do, shall issue certificates as required by the Convention, and in any case in which a certificate is to include matter which appertains to the functions and duties directed or authorized by law to be performed by the head of any department or agency other than the head of the issuing agency, the head of the issuing agency shall first ascertain from the head of the other department or agency his decision with respect to such matter, and such decision shall be final and binding.

Sec. 3.

In the performance of functions and duties described in Sections 1 and 2 of this order, the Secretary of the Treasury (acting through the Coast Guard) may avail himself of the services of the American Bureau of Shipping so long as that Bureau is operated in compliance with Section 25 of the Act of June 5, 1920, as amended (46 U.S.C. 881), and may make all necessary provisions for the performance by the Bureau of specified duties undertaken under the Convention and to permit the Bureau to issue cargo ship safety construction certificates to those cargo vessels found to be in compliance with the Convention, which are classed by the Bureau. The Secretary of the Treasury (acting through the Coast Guard) shall establish all necessary regulations required to carry out in the most effective manner the provisions of the Convention.

Sec. 4.

Whenever the Coast Guard operates as a service in the Navy, the functions to be performed by the Secretary of the Treasury (acting through the Coast Guard) under this order shall vest in and be performed by the Secretary of the Navy (acting through the Coast Guard).

Sec. 5.

 (a) This order supersedes Executive Order No. 10402 of October 30, 1952, entitled ‘‘Enforcement of the Convention for Safety of Life at Sea, 1948,’’ to the extent that the International Convention for Safety of Life at Sea signed at London on June 17, 1960, replaces and abrogates the International Convention for Safety of Life at Sea signed at London on June 10, 1948.

 (b) Executive Order No. 7548 of February 5, 1937, entitled ‘‘Enforcement of the Convention for Safety of Life at Sea, 1929,’’ is hereby revoked.

Lyndon B. Johnson

The White House,

July 31, 1965.

Notes

Revokes

• Executive Order 7548, February 5, 1937

Supersedes in part

• Executive Order 10402, October 30, 1952

Amended by

• Executive Order 11382, November 28, 1967;
• Executive Order 13286, February 28, 2003

Superseded in part by

• Executive Order 12234, September 3, 1980