1998 Year of the Ocean The U.S. Marine Transportation System 



vessels subject to the chapter (section 3717). Civil or criminal penalties may be assessed for 

 violations of the chapter, including revocation of Customs Service clearance (section 3718). 



Chapter 39 (Carriage of Animals; sections 3901-3902) provides authority for the Secretary of 

 Agriculture to prescribe regulations governing the accommodations for the export of animals, and 

 provides for penalties for violations of such regulations. 



Chapter 41 (Uninspected Vessels Generally; sections 4101-4106) applies to vessels not subject to 

 inspection and certification requirements of chapter 33. Such vessels must comply with certain 

 minimum safety requirements (section 4102). Uninspected passenger vessels are subject to the 

 requirements of chapter 43 pertaining to recreational vessels (section 4105). 



Chapter 43 (Recreational Vessels; sections 4301-431 1) contains the laws applicable to recreational 

 vessels. The Secretary is authorized to issue regulations establishing, for example, minimum safety 

 and equipment standards (section 4302; regulations are found in 19 CFR, 33 CFR, 46 CFR). The 

 chapter expressly preempts state law establishment of a recreational vessel or associated equipment 

 performance or other safety standard that is not identical to a regulations under section 4302 

 (section 4306). Persons are prohibited from manufacturing, constructing, offering for sale or 

 introducing into interstate commerce, or import into the United States a recreational vessel, 

 associated equipment, or component thereof unless it conforms with the chapter and regulations 

 thereunder, does not contain an identified defect creating a substantial risk of personal injury to the 

 public, or is intended only for export and is so labeled. Nor may a person operated a vessel in 

 violation of the chapter or regulations thereunder (section 4307). Recreational vessel manufacturers 

 subject to the chapter must maintain record and reports and provide information to the Secretary to 

 enable the Secretary to identify whether the manufacturer has acted in compliance with the chapter 

 or regulations thereunder (section 4309). Recreational vessel and associated equipment 

 manufacturers must provide notification of a defect or failure of compliance if discovered (section 

 4310). Criminal and civil penalties, including injunction, for violations of the chapter (section 

 4311). 



Chapter 45 (Uninspected Commercial Fishing Industry Vessels; sections 4501-4508) provides 

 requirements, standards and procedures applicable to uninspected fishing vessels, fish processing 

 vessels, or fish tender vessels. The chapter also directed the Secretary to establish a Commercial 

 Fishing Industry Vessel Advisory Committee. 



Part C - Load Lines of Vessels (Chapter 5 1 ) 



Chapter 51 (Load Lines; sections 5101-51 16) provides for the assignment of load lines and 

 issuance of load line certificates to vessels. The chapter also requires certain classes of vessels (e.g., 

 vessels of the U.S., vessels on the navigable waters of the U.S., public vessels of the U.S. (except 

 vessels of war)) to be marked with load lines. A vessel may be operated only if it has been assigned 

 load lines (section 5103). The chapter provides reciprocity for foreign vessels under certain 

 conditions (section 5109). A vessel may not be loaded in a way that submerges the assigned load 

 line or the place at which the load line is required to be marked on the vessel (section 5112). The 



A-22 



