I 
116TH CONGRESS 
1ST SESSION H. R. 3140 
To amend title 46, United States Code, to set standards for the operation 
of uninspected commercial fishing vessels, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 5, 2019 
Mr. PAPPAS introduced the following bill; which was referred to the Committee 
on Transportation and Infrastructure 
A BILL 
To amend title 46, United States Code, to set standards 
for the operation of uninspected commercial fishing ves-
sels, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Commercial Fishing 
Industry Vessel Clarification Act’’. 
SEC. 2. UNINSPECTED COMMERCIAL FISHING INDUSTRY 
VESSELS. 
(a) IN GENERAL.—Subtitle II of title 46, United 
States Code, is amended by striking chapter 45 and insert-
ing the following: 
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‘‘CHAPTER 45—UNINSPECTED 
COMMERCIAL INDUSTRY VESSELS 
‘‘Sec. 
‘‘4501. Application. 
‘‘4502. Definitions. 
‘‘4503. Safety standards. 
‘‘4504. Vessel construction. 
‘‘4505. Operating stability. 
‘‘4506. Training. 
‘‘4507. Vessel certification. 
‘‘4508. Alternate safety compliance program. 
‘‘4509. Substitute safety compliance program. 
‘‘4510. Enhanced substitute safety compliance program. 
‘‘4511. Prohibited acts. 
‘‘4512. Termination of unsafe operations. 
‘‘4513. Penalties. 
‘‘4514. Compliance; Secretary actions. 
‘‘4515. Exemptions. 
‘‘4516. Regulations; considerations and limitations. 
‘‘4517. Fishing safety grants. 
‘‘§ 4501. Application 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(b), this chapter applies to an uninspected vessel that is 
a fishing vessel, fish processing vessel, or fish tender ves-
sel. 
‘‘(b) CARRIAGE OF BULK DANGEROUS CARGOES.— 
This chapter does not apply to the carriage of bulk dan-
gerous cargoes regulated under chapter 37. 
‘‘§ 4502. Definitions 
‘‘In this chapter: 
‘‘(1) The term ‘accountable vessel’ means a ves-
sel to which this chapter applies that— 
‘‘(A)(i) was built after December 31, 1988, 
or undergoes a major conversion completed 
after that date; and 
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‘‘(ii) operates with more than 16 individ-
uals on board; or 
‘‘(B) in the case of a fish tender vessel, en-
gages in the Aleutian trade. 
‘‘(2) The term ‘auxiliary craft’ means a vessel 
that is carried onboard a fishing vessel and is nor-
mally used to support fishing operations. 
‘‘(3)(A) The term ‘built’ means, with respect to 
a vessel, that the vessel’s construction has reached 
any of the following stages: 
‘‘(i) The vessel’s keel is laid. 
‘‘(ii) Construction identifiable with the ves-
sel has begun and assembly of that vessel has 
commenced comprising of at least 50 metric 
tons or one percent of the estimated mass of all 
structural material, whichever is less. 
‘‘(B) In the case of a vessel greater than 79 
feet in overall length, for purposes of subparagraph 
(A)(i), a keel is deemed to be laid when a marine 
surveyor affirms that a structure adequate for serv-
ing as a keel for such vessel is in place and identi-
fied for use in the construction of such vessel. 
‘‘(4) The term ‘subject vessel’ means a vessel to 
which this chapter applies that— 
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‘‘(A) operates beyond 3 nautical miles from 
the baseline from which the territorial sea of 
the United States is measured or beyond 3 nau-
tical miles from the coastline of the Great 
Lakes; 
‘‘(B) operates with more than 16 individ-
uals on board; or 
‘‘(C) in the case of a fish tender vessel, en-
gages in the Aleutian trade. 
‘‘(5) The term ‘substitute-eligible vessel’ means 
a fishing vessel or fish tender vessel that is— 
‘‘(A) a subject vessel; 
‘‘(B) at least 50 feet overall in length, and 
not more than 180 feet overall in length as list-
ed on the vessel’s certificate of documentation 
or certificate of number; and 
‘‘(C) built after February 8, 2016. 
‘‘§ 4503. Safety standards 
‘‘(a) IN GENERAL.—The Secretary shall prescribe 
regulations that require that each vessel to which this 
chapter applies shall be equipped with— 
‘‘(1) readily accessible fire extinguishers capable 
of promptly and effectively extinguishing a flam-
mable or combustible liquid fuel fire; 
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‘‘(2) at least one readily accessible life preserver 
or other lifesaving device for each individual on 
board; 
‘‘(3) an efficient flame arrestor, backfire trap, 
or other similar device on the carburetors of each in-
board engine that uses gasoline as fuel; 
‘‘(4) the means to properly and efficiently venti-
late enclosed spaces, including engine and fuel tank 
compartments, so as to remove explosive or flam-
mable gases; 
‘‘(5) visual distress signals; 
‘‘(6) other equipment required to minimize the 
risk of injury to the crew during vessel operations, 
if the Secretary determines that a risk of serious in-
jury exists that can be eliminated or mitigated by 
that equipment; and 
‘‘(7) a placard as required by regulations pre-
scribed under section 10603(b). 
‘‘(b) SUBJECT VESSELS.—In addition to the require-
ments of subsection (a), the Secretary shall prescribe reg-
ulations requiring that subject vessels install, maintain, 
and use the following equipment: 
‘‘(1) Alerting and locating equipment, including 
emergency position indicating radio beacons. 
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‘‘(2)(A) Subject to subparagraph (B), a survival 
craft that— 
‘‘(i) ensures that no part of an individual 
is immersed in water; and 
‘‘(ii) is sufficient to accommodate all indi-
viduals on board. 
‘‘(B) Except for a nonapplicable vessel, an aux-
iliary craft shall satisfy the equipment requirement 
under paragraph (2)(B) if such craft is— 
‘‘(i) necessary for normal fishing oper-
ations; 
‘‘(ii) readily accessible during an emer-
gency; and 
‘‘(iii) capable, in accordance with the Coast 
Guard capacity rating, when applicable, of safe-
ly holding all individuals on board the vessel to 
which the craft functions as an auxiliary. 
‘‘(3) At least one readily accessible immersion 
suit for each individual on board the vessel when op-
erating on the waters described in section 3102. 
‘‘(4) Marine radio communications equipment 
sufficient to effectively communicate with a land- 
based search and rescue facility. 
‘‘(5) Navigation equipment, including com-
passes, nautical charts, and publications. 
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‘‘(6) First aid equipment and medical supplies 
sufficient for the size and area of operation of the 
vessel. 
‘‘(7) Ground tackle sufficient for the vessel. 
‘‘(c) ACCOUNTABLE VESSELS.—In addition to the re-
quirements described in subsections (a) and (b), the Sec-
retary may prescribe regulations establishing minimum 
safety standards for accountable vessels, including stand-
ards relating to— 
‘‘(1) navigation equipment, including radars 
and fathometers; 
‘‘(2) lifesaving equipment, immersion suits, sig-
naling devices, bilge pumps, bilge alarms, life rails, 
and grab rails; 
‘‘(3) fire protection and firefighting equipment, 
including fire alarms and portable and semiportable 
fire extinguishing equipment; 
‘‘(4) use and installation of insulation material; 
‘‘(5) storage methods for flammable or combus-
tible material; and 
‘‘(6) fuel, ventilation, and electrical systems. 
‘‘§ 4504. Vessel construction 
‘‘A vessel to which this chapter applies shall be con-
structed in a manner that provides a level of safety equiva-
lent to the minimum safety standards the Secretary may 
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establish for recreational vessels under section 4302, if the 
vessel is— 
‘‘(1) is a subject vessel; 
‘‘(2) less than 50 feet overall in length; and 
‘‘(3) built after January 1, 2010. 
‘‘§ 4505. Operating stability 
‘‘(a) REGULATIONS.—The Secretary shall prescribe 
regulations for the operating stability of a vessel to which 
this chapter applies— 
‘‘(1) that was built after December 31, 1989; or 
‘‘(2) the physical characteristics of which are 
substantially altered after December 31, 1989, in a 
manner that affects the vessel’s operating stability. 
‘‘(b) EVIDENCE
OF COMPLIANCE.—The Secretary 
may accept, as evidence of compliance with this section, 
a certification of compliance issued by the person pro-
viding insurance for the vessel or by another qualified per-
son approved by the Secretary. 
‘‘§ 4506. Training 
‘‘(a) IN GENERAL.—The individual in charge of a 
subject vessel must pass a training program approved by 
the Secretary that meets the requirements of subsection 
(b) and hold a valid certificate issued under that program. 
‘‘(b) TRAINING
PROGRAM
REQUIREMENTS.—The 
training program shall— 
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‘‘(1) be based on professional knowledge and 
skill obtained through sea service and hands-on 
training, including training in seamanship, stability, 
collision prevention, navigation, firefighting and pre-
vention, damage control, personal survival, emer-
gency medical care, emergency drills, and weather; 
‘‘(2) require an individual to demonstrate abil-
ity to communicate in an emergency situation and 
understand information found in navigation publica-
tions; 
‘‘(3) recognize and give credit for recent past 
experience in fishing vessel operation; and 
‘‘(4) provide for issuance of a certificate to an 
individual who has successfully completed the pro-
gram. 
‘‘(c) REGULATIONS.—The Secretary shall prescribe 
regulations implementing this subsection. The regulations 
shall require that an individual who is issued a certificate 
under subsection (b)(4) must complete refresher training 
at least once every 5 years as a condition of maintaining 
the validity of the certificate. 
‘‘(d) ELECTRONIC DATABASE.—The Secretary shall 
establish an electronic database listing the names of indi-
viduals who have participated in and received a certificate 
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confirming successful completion of a training program 
approved by the Secretary under this section. 
‘‘§ 4507. Vessel certification 
‘‘(a) IN GENERAL.—A vessel to which this section ap-
plies may not be operated unless the vessel— 
‘‘(1) meets all survey and classification require-
ments prescribed by the American Bureau of Ship-
ping or another similarly qualified organization ap-
proved by the Secretary; and 
‘‘(2) has on board a certificate issued by the 
American Bureau of Shipping or such other organi-
zation evidencing compliance with this subsection. 
‘‘(b) APPLICATION.— 
‘‘(1) Except as provided in section 4509, this 
section applies to a fish processing vessel to which 
this chapter applies that— 
‘‘(A) is built after July 27, 1990; or 
‘‘(B) undergoes a major conversion com-
pleted after that date. 
‘‘(2)(A) Except as provided in subparagraph 
(B), this section applies to a subject vessel that is 
at least 50 feet overall in length and is built after 
July 1, 2013. 
‘‘(B) This section does not apply to a sub-
stitute-eligible vessel if such vessel complies with— 
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‘‘(i) the substitute safety compliance pro-
gram established under section 4509; or 
‘‘(ii) the enhanced substitute safety compli-
ance program established by the Secretary 
under section 4510. 
‘‘§ 4508. Alternate safety compliance program 
‘‘(a) IN GENERAL.— 
‘‘(1) The Secretary shall establish an alternate 
safety compliance program developed in coordination 
with the commercial fishing industry. 
‘‘(2) The program established under paragraph 
(1) may include requirements for— 
‘‘(A) a specific region or fishery (or both); 
and 
‘‘(B) any combination of regions or fish-
eries (or both). 
‘‘(b) VESSELS REQUIRED TO COMPLY.—Beginning 
on the date that is 3 years after the date the Secretary 
prescribes an alternate safety compliance program, the fol-
lowing vessels shall comply with such program: 
‘‘(1) A subject vessel that is— 
‘‘(A) at least 50 feet overall in length; 
‘‘(B) built before July 1, 2013; and 
‘‘(C) 25 years of age or older. 
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‘‘(2) A fishing vessel, fish processing vessel, or 
fish tender vessel built before July 1, 2013, that un-
dergoes a major conversion completed after the date 
the Secretary prescribes an alternate safety compli-
ance program. 
‘‘(c) EXEMPT VESSELS.— 
‘‘(1) Notwithstanding subsection (b), vessels 
owned by a person that owns more than 30 vessels 
subject to that subsection are not required to comply 
with alternate safety compliance program require-
ments until January 1, 2030, if that owner— 
‘‘(A) enters into a compliance agreement 
with the Secretary that provides for a fixed 
schedule for all such vessels owned by that per-
son to meet requirements of such paragraph by 
such date; and 
‘‘(B) is meeting such schedule. 
‘‘(2) A subject vessel that was classed before 
July 1, 2012, is exempt from the requirements of 
this section if such vessel— 
‘‘(A) remains subject to the requirements 
of a classification society approved by the Sec-
retary; and 
‘‘(B) has on board a certificate from that 
society. 
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‘‘§ 4509. Substitute safety compliance program 
‘‘(a) IN GENERAL.—The Secretary shall establish a 
substitute safety compliance program for substitute-eligi-
ble vessels that includes the following requirements: 
‘‘(1) A substitute-eligible vessel shall be de-
signed by an individual licensed by a State as a 
naval architect or marine engineer, and the design 
shall incorporate standards equivalent to those pre-
scribed by a classification society to which the Sec-
retary has delegated authority under section 3316 or 
another qualified organization approved by the Sec-
retary for purposes of this paragraph. 
‘‘(2) Construction of a substitute-eligible vessel 
shall be overseen and certified as being in accord-
ance with its design by a marine surveyor of an or-
ganization accepted by the Secretary. 
‘‘(3) A substitute-eligible vessel shall— 
‘‘(A) complete a stability test performed by 
a qualified individual; 
‘‘(B) have written stability and loading in-
structions from a qualified individual that are 
provided to the owner or operator; and 
‘‘(C) have an assigned loading mark. 
‘‘(4) A substitute-eligible vessel shall not be 
substantially altered without the review and approval 
of an individual licensed by a State as a naval archi-
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tect or marine engineer before the beginning of such 
substantial alteration. 
‘‘(5) A substitute-eligible vessel shall undergo a 
condition survey at least twice in 5 years, with not 
more than 3 years between surveys, to the satisfac-
tion of a marine surveyor of an organization accept-
ed by the Secretary. 
‘‘(6) A substitute-eligible vessel shall undergo 
an out-of-water survey at least once every 5 years to 
the satisfaction of a certified marine surveyor of an 
organization accepted by the Secretary. 
‘‘(7) Once every 5 years, and at the time of a 
substantial alteration to a substitute-eligible vessel, 
compliance of the vessel with the requirements of 
paragraph (3) is reviewed and updated as necessary. 
‘‘(8) For the life of a substitute-eligible vessel, 
the owner of the vessel shall maintain records to 
demonstrate compliance with this subsection and 
make such records readily available for inspection by 
an official authorized to enforce this chapter. 
‘‘(b) COMPLIANCE.—Section 4507 of this title shall 
not apply to a substitute-eligible vessel that complies with 
the requirements of the program established under this 
section. 
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‘‘(c) REPORT.—Not later than February 8, 2026, the 
Secretary shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transpor-
tation of the Senate a report that provides an analysis of 
the adequacy of the substitute safety compliance program 
requirements established under subsection (a) in main-
taining the safety of substitute-eligible fishing vessels and 
fish tender vessels and that comply with such require-
ments. 
‘‘§ 4510. Enhanced substitute safety compliance pro-
gram 
‘‘(a) IN GENERAL.—If the report required under sec-
tion 4509(c) includes a determination that the substitute 
safety compliance program established under section 
4509(a) is not adequate or that additional safety measures 
are necessary, then the Secretary may establish an en-
hanced substitute safety compliance program for fishing 
vessels or fish tender vessels (or both) that are substitute- 
eligible vessels and that comply with the requirements of 
section 4509. 
‘‘(b) REQUIREMENTS.—The enhanced substitute 
safety compliance program established under this sub-
section shall include requirements for— 
‘‘(1) vessel construction; 
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‘‘(2) a vessel stability test; 
‘‘(3) vessel stability and loading instructions; 
‘‘(4) an assigned vessel loading mark; 
‘‘(5) a vessel condition survey at least twice in 
5 years, not more than 3 years apart; 
‘‘(6) an out-of-water vessel survey at least once 
every 5 years; 
‘‘(7) maintenance of records to demonstrate 
compliance with the program, and the availability of 
such records for inspection; and 
‘‘(8) such other aspects of vessel safety as the 
Secretary considers appropriate. 
‘‘(c) COMPLIANCE.—Section 4507 shall not apply to 
a substitute-eligible vessel that complies with the require-
ments of the program established under this section. 
‘‘§ 4511. Prohibited acts 
‘‘A person may not operate a vessel in violation of 
this chapter or a regulation prescribed under this chapter. 
‘‘§ 4512. Termination of unsafe operations 
‘‘An official authorized to enforce this chapter— 
‘‘(1) may direct the individual in charge of a 
vessel to which this chapter applies to immediately 
take reasonable steps necessary for the safety of in-
dividuals on board the vessel if the official observes 
the vessel being operated in an unsafe condition that 
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the official believes creates an especially hazardous 
condition, including ordering the individual in charge 
to return the vessel to a mooring and to remain 
there until the situation creating the hazard is cor-
rected or ended; and 
‘‘(2) may order the individual in charge of an 
uninspected fish processing vessel that does not have 
on board the certificate required under section 4507 
to return the vessel to a mooring and to remain 
there until the vessel is in compliance with such sec-
tion, unless the vessel is required to comply with sec-
tion 4508. 
‘‘§ 4513. Penalties 
‘‘(a) CIVIL PENALTY.—The owner, charterer, man-
aging operator, agent, master, and individual in charge of 
a vessel to which this chapter applies that is operated in 
violation of this chapter or a regulation prescribed under 
this chapter may each be assessed a civil penalty by the 
Secretary of not more than $10,260. Any vessel with re-
spect to which a penalty is assessed under this subsection 
is liable in rem for the penalty. 
‘‘(b) CRIMINAL PENALTIES.—An individual willfully 
violating this chapter or a regulation prescribed under this 
chapter shall be fined not more than $5,000, imprisoned 
for not more than one year, or both. 
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‘‘§ 4514. Compliance; Secretary actions 
‘‘To ensure compliance with the requirements of this 
chapter, the Secretary— 
‘‘(1) shall require the individual in charge of a 
subject vessel to keep a record of equipment mainte-
nance, and required instruction and drills; 
‘‘(2) shall examine at dockside a subject vessel 
at least once every 5 years, but may require an exam 
at dockside every 2 years for certain subject vessels 
if requested by the owner or operator; and 
‘‘(3) shall issue a certificate of compliance to a 
vessel meeting the requirements of this chapter and 
satisfying the requirements of paragraph (2). 
‘‘§ 4515. Exemptions 
‘‘The Secretary may exempt a vessel from any part 
of this chapter if, under regulations prescribed by the Sec-
retary (including regulations on special operating condi-
tions), the Secretary finds that— 
‘‘(1) good cause exists for granting an exemp-
tion; and 
‘‘(2) the safety of the vessel and those on board 
will not be adversely affected. 
‘‘§ 4516. Regulations; considerations and limitations 
‘‘In prescribing a regulation under this chapter, the 
Secretary— 
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‘‘(1) shall consider the specialized nature and 
economics of the operations and the character, de-
sign, and construction of the vessel; and 
‘‘(2) may not require the alteration of a vessel 
or associated equipment that was constructed or 
manufactured before the effective date of such regu-
lation. 
‘‘§ 4517. Fishing safety grants 
‘‘(a) SAFETY TRAINING GRANTS.— 
‘‘(1) 
ESTABLISHMENT.—The 
Secretary 
of 
Health and Human Services shall establish a Fish-
ing Safety Training Grant Program to provide fund-
ing to municipalities, port authorities, other appro-
priate public entities, not-for-profit organizations, 
and other qualified persons that provide commercial 
fishing safety training. 
‘‘(2) USE OF FUNDS.—Entities receiving funds 
under this section may use such funds— 
‘‘(A) to conduct fishing vessel safety train-
ing for vessel operators and crewmembers 
that— 
‘‘(i) in the case of vessel operators, 
meets the requirements of section 4506; 
and 
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‘‘(ii) in the case of crewmembers, 
meets 
the 
requirements 
of 
sections 
4506(b)(1), 
4506(b)(4), 
4506(c), 
and 
4506(d), and such requirements of section 
4506(b)(2) as are appropriate for crew-
members; and 
‘‘(B) for purchase of safety equipment and 
training aids for use in such fishing vessel safe-
ty training programs. 
‘‘(3) AWARD
CRITERIA.—The Secretary of 
Health and Human Services, in consultation with 
and based on criteria established by the Com-
mandant of the Coast Guard, shall award grants 
under this subsection on a competitive basis. 
‘‘(4) LIMITATION
ON
FEDERAL
SHARE
OF 
COST.—The Federal share of the cost of any activity 
carried out with a grant under this subsection shall 
not exceed 50 percent. 
‘‘(5) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated $3,000,000 
for each of fiscal years 2020 and 2021 for grants 
under this subsection. 
‘‘(b) RESEARCH GRANT PROGRAM.— 
‘‘(1) 
ESTABLISHMENT.—The 
Secretary 
of 
Health and Human Services shall establish a Fish-
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ing Safety Research Grant Program to provide fund-
ing to individuals in academia, nonprofit organiza-
tions, businesses involved in fishing and maritime 
matters, and other persons with expertise in fishing 
safety, to conduct research on methods of improving 
the safety of the commercial fishing industry, includ-
ing vessel design, emergency and survival equipment, 
enhancement of vessel monitoring systems, commu-
nications devices, de-icing technology, and severe 
weather detection. 
‘‘(2) AWARD
CRITERIA.—The Secretary of 
Health and Human Services, in consultation with 
and based on criteria established by the Com-
mandant of the Coast Guard, shall award grants 
under this subsection on a competitive basis. 
‘‘(3) LIMITATION
ON
FEDERAL
SHARE
OF 
COST.—The Federal share of the cost of any activity 
carried out with a grant under this subsection shall 
not exceed 50 percent. 
‘‘(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated $3,000,000 
for each fiscal year 2020 and 2021 for activities 
under this subsection.’’. 
(b) CONFORMING AMENDMENT.—Section 3104(d) of 
title 46, United States Code, is amended by striking 
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‘‘under section 4503(d)’’ and inserting ‘‘under section 
4502(3)’’. 
(c) SAFETY STANDARDS.—Not later than 90 days 
after the date of the enactment of this Act, and without 
regard to the provisions of chapters 5 and 6 of title 5, 
United States Code, the Secretary of the department in 
which the Coast Guard is operating shall promulgate the 
regulations required by section 4503(b) of title 46, United 
States Code, as amended by this section. 
Æ 
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