The provisions of section 6(b)(2) prescribe special methods for computing minimum wages and hours worked under the Act which are applicable only to seamen who are employed on American vessels. An ``American vessel'', which would appear to signify a vessel of the United States as distinguished from a foreign vessel, ``includes'', under the terms of the definition in section 3(p) of the Act, ``any vessel which is documented or numbered under the laws of the United States.'' The Department of the Treasury, Bureau of Customs and the United States Coast Guard, respectively, are responsible for documentation and numbering of vessels. Sec. 783.39 ``Vessel'' includes all means of water transportation.
Since the Act does not define ``vessel'' it is appropriate to apply the difinition of ``vessel'' as set forth in the United States Code (1 U.S.C. 3). The Code defines ``vessel'' as including ``every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water''. But the Federal Boating Act of 1958, (under which the U.S. Coast Guard is responsible for numbering vessels) and the Documentation Regulations administered by the Bureau of Customs, utilize this basic definition, with the addition of specific exclusions for ``seaplanes'' and ``aircraft'' (46 U.S.C. 527; 19 CFR 3.1(a)). Sec. 783.40 ``Documented'' vessel.
A vessel ``documented * * * under the laws of the United States'' is typically a vessel which has been registered, enrolled and licensed, or licensed by the Bureau of Customs under the laws of the United States (46 U.S.C. 11, 193, 251-252, 258, 840). Although Bureau of Customs regulations provide for three types of documentations, distinctions between the categories of vessels subject to them are immaterial for the purposes of the Fair Labor Standards Act, since a vessel with any of the three kinds of documentation is an ``American vessel'' within the section 3(p) definition. Generally, any vessel of five net tons or more which is owned by a citizen of the United States is ``entitled to'' documentation. Complete information on the documentation requirements may be found in 19 CFR part 3. Sec. 783.41 ``Numbered'' vessel.
A vessel ``numbered under the laws of the United States'' means a vessel numbered pursuant to the provisions of Federal law, including vessels numbered under any State numbering system approved by the Secretary of the Department under which the U.S. Coast Guard is operating, in accordance with section 2(c) of the Federal Boating Act of 1958 (46 U.S.C. 527-527h). Generally, any vessel, which is not required to have and does not have, a valid marine document issued by the Bureau of Customs and is propelled by machinery of more than 10 horsepower, whether or not such machinery is the principal source of propulsion, is required to be numbered in conformity with the Federal Boating Act of 1958 if it uses the navigable waters of the United States, its Territories, or the District of Columbia, or is owned in a State and uses the high seas (46 U.S.C. 527(a)). The requirements and procedures of this Act are explained in detail in 46 CFR part 170.