Encl. (5) to COMDTINST 16200.3A
7.
b.
(cont'd) documented, placing a documented commercial
vessel under the command of a non-citizen, knowingly
providing false information when documenting a vessel,
intentionally altering a Certificate of Documentation,
etc. Less serious offenses are tardiness in renewing a
Certificate of Documentation, inadvertently providing
inaccurate information when documenting a vessel, etc.
c.
The initiation of civil penalty action and other
remedial action is appropriate for more serious
offenses, and for second or repeated less serious
offenses.
8.
Load Lines.
a.
Statutory authority and requirements related to load
lines are contained in 46 U.S.C. Part C. Regulatory
requirements are found in 46 CFR Parts 42 - 46.
b.
The assignment of a load line is specifically
conditioned upon the structural efficiency and
satisfactory stability of a vessel. Proper observance
of the assigned load line and related operating
requirements is therefore critical to vessel safety.
When load line violations are established, initiating
civil penalty action or other remedial action is
appropriate. Chapter 7, Volume V, of the Marine Safety
Manual provides detailed procedures for investigating
load line violations.
9.
Negligent Operations.
a.
Statutory penalty provisions concerning negligent
operations of a vessel are contained in 46 U.S.C.
Section 2302. Regulatory provisions regarding proper
use of a vessel against which a determination of
negligence could be made are in 33 CFR and 46 CFR.
b.
Negligence is defined in 46 CFR 5.29 as "the commission
of an act which a reasonable and prudent person of the
same station, under the same circumstances, would not
commit, or the failure to perform an act which a
reasonable and prudent person of the same station, under
the same circumstances would not fail to perform." This
definition is applicable to 46 U.S.C. 2302. A
determination of negligence therefore requires a careful
evaluation of the act or omission, the circumstances
surrounding same, and a comparison with whatever action
could have been reasonably expected of a reasonable and
prudent person faced with similar circumstances.
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