US (United States) Code. Title 46. Subtitle II: Vessels and Seamen. Part C. Chapter 51: Load lines

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Shipping

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-CITE-

46 USC CHAPTER 51 - LOAD LINES 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part C - Load Lines of Vessels

CHAPTER 51 - LOAD LINES

-HEAD-

CHAPTER 51 - LOAD LINES

-MISC1-

Sec.

5101. Definitions.

5102. Application.

5103. Load line requirements.

5104. Assignment of load lines.

5105. Load line surveys.

5106. Load line certificate.

5107. Delegation of authority.

5108. Special exemptions.

5109. Reciprocity for foreign vessels.

5110. Submersible vessels.

5111. Providing loading information.

5112. Loading restrictions.

5113. Detention of vessels.

5114. Use of Customs Service officers and employees for

enforcement.

[5115. Repealed.]

5116. Penalties.

HISTORICAL AND REVISION NOTES

Chapter 51 provides for the assignment of load lines and issuance

of load line certificates to vessels, and requires that certain

classes of vessels be marked with load lines.

AMENDMENTS

1990 - Pub. L. 101-595, title VI, Sec. 603(5)(B), Nov. 16, 1990,

104 Stat. 2993, struck out item 5115 "Regulations".

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 2102 of this title; title

30 section 1422.

-End-

-CITE-

46 USC Sec. 5101 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part C - Load Lines of Vessels

CHAPTER 51 - LOAD LINES

-HEAD-

Sec. 5101. Definitions

-STATUTE-

In this chapter -

(1) "domestic voyage" means movement of a vessel between places

in, or subject to the jurisdiction of, the United States, except

movement between -

(A) a place in a territory or possession of the United States

or the Trust Territory of the Pacific Islands; and

(B) a place outside that territory, possession, or Trust

Territory.

(2) "economic benefit of the overloading" means the amount

obtained by multiplying the weight of the overload (in tons) by

the lesser of -

(A) the average freight rate value of a ton of the vessel's

cargo for the voyage; or

(B) $50.

(3) "existing vessel" means -

(A) a vessel on a domestic voyage, the keel of which was

laid, or that was at a similar stage of construction, before

January 1, 1986; and

(B) a vessel on a foreign voyage, the keel of which was laid,

or that was at a similar stage of construction, before July 21,

1968.

(4) "freeboard" means the distance from the mark of the load

line assigned under this chapter to the freeboard deck.

(5) "freeboard deck" means the deck or other structure the

Secretary prescribes by regulation.

(6) "minimum safe freeboard" means the freeboard that the

Secretary decides cannot be reduced safely without limiting the

operation of the vessel.

(7) "weight of the overload" means the amount obtained by

multiplying the number of inches that the vessel is submerged

below the applicable assigned freeboard by the tons-an-inch

immersion factor for the vessel at the assigned minimum safe

freeboard.

-SOURCE-

(Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat.

1913.)

-MISC1-

HISTORICAL AND REVISION NOTES

Revised section 5101

Source: Section (U.S. Code) 46 App. U.S.C. 86a.

Section 5101 contains definitions that are limited to Chapter 51

- Load Lines. Existing Section 46 App. U.S.C. 86a (which defines

only the terms "new ship" and "existing ship") will be replaced by

section 5101. Definitions of technical terms ("freeboard",

"freeboard deck", and "minimum safe freeboard") have been added for

clarity. The definition of the term "new ship" has been deleted

because the term is not used in Chapter 51. The definition of

"domestic voyage" includes the phrase "places in or subject to the

jurisdiction of the United States." "Places subject to the

jurisdiction of the United States" include deep water ports,

production platforms, mining sites outside of territorial waters of

the United States but within the United States' Exclusive Economic

Zone (EEZ) that was established by Presidential Proclamation 5030,

dated March 10, 1983, or on the outer continental shelf. The

phrases "economic benefit of overloading" and "weight of the

overload" have been defined for purposes of establishing a standard

method of determining the value of the cargo with which a vessel is

overloaded. The value of the cargo will in turn affect the maximum

penalty assessed for overloading the vessel. The definition of

"freeboard deck" provides the Secretary with the authority to

designate as the freeboard deck either the actual deck (on standard

vessels) or another structure (on non-standard vessels).

Non-standard vessels, for which this regulatory flexibility is

necessary, include shelter deck vessels, semi-submersible

multi-hull units, container ships, surface effect vessels, and

commercial submarines.

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-End-

-CITE-

46 USC Sec. 5102 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part C - Load Lines of Vessels

CHAPTER 51 - LOAD LINES

-HEAD-

Sec. 5102. Application

-STATUTE-

(a) Except as provided in subsection (b) of this section, this

chapter applies to the following:

(1) a vessel of the United States.

(2) a vessel on the navigable waters of the United States.

(3) a vessel -

(A) owned by a citizen of the United States or a corporation

established by or under the laws of the United States or a

State; and

(B) not registered in a foreign country.

(4) a public vessel of the United States.

(5) a vessel otherwise subject to the jurisdiction of the

United States.

(b) This chapter does not apply to the following:

(1) a vessel of war.

(2) a recreational vessel when operated only for pleasure.

(3) a fishing vessel.

(4) a fish processing vessel of not more than 5,000 gross tons

as measured under section 14502 of this title, or an alternate

tonnage measured under section 14302 of this title as prescribed

by the Secretary under section 14104 of this title that -

(A)(i) was constructed as a fish processing vessel before

August 16, 1974; or

(ii) was converted for use as a fish processing vessel before

January 1, 1983; and

(B) is not on a foreign voyage.

(5) a fish tender vessel of not more than 500 gross tons as

measured under section 14502 of this title, or an alternate

tonnage measured under section 14302 of this title as prescribed

by the Secretary under section 14104 of this title that -

(A)(i) was constructed, under construction, or under contract

to be constructed as a fish tender vessel before January 1,

1980; or

(ii) was converted for use as a fish tender vessel before

January 1, 1983; and

(B)(i) is not on a foreign voyage; or

(ii) is not engaged in the Aleutian trade (except a vessel in

that trade assigned a load line at any time before June 1,

1992).

(6) a vessel of the United States on a domestic voyage that

does not cross the Boundary Line, except a voyage on the Great

Lakes.

(7) a vessel of less than 24 meters (79 feet) overall in

length.

(8) a public vessel of the United States on a domestic voyage.

(9) a vessel excluded from the application of this chapter by

an international agreement to which the United States Government

is a party.

(10) an existing vessel of not more than 150 gross tons as

measured under section 14502 of this title, or an alternate

tonnage measured under section 14302 of this title as prescribed

by the Secretary under section 14104 of this title that is on a

domestic voyage.

(11) a small passenger vessel on a domestic voyage.

(12) a vessel of the working fleet of the Panama Canal

Commission not on a foreign voyage.

(c) On application by the owner and after a survey under section

5105 of this title, the Secretary may assign load lines for a

vessel excluded from the application of this chapter under

subsection (b) of this section. A vessel assigned load lines under

this subsection is subject to this chapter until the surrender of

its load line certificate and the removal of its load line marks.

(d) This chapter does not affect an international agreement to

which the Government is a party that is not in conflict with the

International Convention on Load Lines currently in force for the

United States.

-SOURCE-

(Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat.

1914; Pub. L. 101-595, title VI, Sec. 602(d), Nov. 16, 1990, 104

Stat. 2991; Pub. L. 104-324, title VII, Sec. 719, Oct. 19, 1996,

110 Stat. 3938; Pub. L. 107-295, title IV, Sec. 436(a), Nov. 25,

2002, 116 Stat. 2129.)

-MISC1-

HISTORICAL AND REVISION NOTES

Revised section 5102

Source: Section (U.S. Code) 46 App. U.S.C. 86b, 86c, 88.

The delineation of the vessels that will be subject to load line

requirements is made in section 5102 as follows: subsection (a) is

an all-inclusive list of vessels subject to load line requirements,

followed by subsection (b) which specifically exempts those vessels

to which the requirements do not apply.

Section 5102(a) lists five categories of vessels which are

subject to load line requirements. They are as follows:

Clause (1) regarding "a vessel of the United States" includes all

vessels documented under Chapter 121 of title 46 or numbered under

Chapter 123 of title 46.

Clause (2) regarding "a vessel on the navigable waters of the

United States" includes all domestic or foreign vessels found in or

on the navigable waters of the United States.

Clause (3) regarding "a vessel owned by a citizen of the United

States or a corporation established by or under the laws of the

United States or a State, and not registered in a foreign country"

includes all vessels owned by citizens of the United States (as

defined in 5107(7)) [sic] and not registered under the laws of a

foreign country, wherever the vessels may be located.

Clause (4) regarding "a public vessel of the United States"

includes all United States public vessels.

Clause (5) regarding "a vessel otherwise subject to the

jurisdiction of the United States" includes foreign vessels that

are subject to United States jurisdiction as a result of bilateral

agreements, licenses, customary international law or other means,

including those using deepwater port or outer continental shelf or

EEZ facilities located in areas subject to the jurisdiction of the

United States.

Section 5102(b) lists the specific exemptions from load line

requirements. The specific exemptions may be grouped as follows:

(a) Vessel type (ships of war, pleasure vessels, fishing

vessels, small passenger vessels on domestic voyages);

(b) Area of operation (rivers, harbors, bays, sounds, etc.);

(c) Minimum size (length); and

(d) Treaty exclusions.

Clause (1) exempts vessels of war from load line requirements.

Clause (2) exempts recreational vessels operated only for

pleasure from load line requirements.

Clause (3) exempts fishing vessels from load line requirements.

Clauses (4) and (5) exempt certain existing fish processing and

fish tender vessels not on a foreign voyage from load line

requirements. The exception is limited to those vessels not on

international voyages to ensure compliance with United States

obligations under the International Load Line Convention.

Clause (6) exempts from load line requirements all U.S. vessels

operating on domestic voyages within the Boundary Line, as defined

in section 2101 of this title, except vessels operating on the

Great Lakes.

Clause (7) exempts all vessels that are less than 24 meters (79

feet) in length from load line requirements whether on

international or domestic voyages.

Clause (8) exempts from load line requirements those public

vessels that are on domestic voyages.

Clause (9) exempts from load line requirements those vessels

which have been excluded from the requirements "by specific action

of a treaty of the United States." The only current treaty which

excludes vessels from load line requirements is the Convention

Between the United States of America and the Dominion of Canada

Concerning Load Lines (49 Stat. 2685), which entered into force on

August 11, 1934.

Clause (10) exempts from load line requirements existing U.S.

vessels that are under 150 gross tons while engaged on a domestic

voyage. This is a grandfather provision, continuing the existing

exemption for these vessels. Vessels built after January 1, 1986

must be marked with a load line, however, if they are over 79 feet

long and do not qualify for any other exemption.

Clause (11) exempts small passenger vessels engaged on domestic

voyages from load line requirements. Small passenger vessels are

inspected under Subchapter T of Title 46 of the Code of Federal

Regulations. Under Subchapter T, the Coast Guard regulates these

vessels with regard to safety; the requirements are based on the

number of passengers, length, and gross tonnage of the vessel.

Safety-related requirements in Subchapter T regulations include

hull structure and watertightness, stability, weathertight

integrity, and safe movement of persons on deck, the principal

safety features covered by load line regulations. This specific

exemption from load line requirements for small passenger vessels

is consistent with existing law and does not alter in any way the

Coast Guard's authority to regulate small passenger vessels under

Subchapter T.

Clause (12) exempts vessels of the working voyages from the

requirement to have load lines.

Section 5102(c) authorizes the Secretary to assign load lines for

any vessel exempted from load line requirements by subsection (b)

upon the request of the owner. It also provides that any exempted

vessel for which load lines are assigned will remain subject to the

load line requirements until its load line certificate is

surrendered and the load line marks are removed.

Section 5102(d) provides that this chapter shall not be construed

as abrogating the provisions of other treaties and conventions to

which the United States is a party, which are not in conflict with

the International Convention on Load Lines.

AMENDMENTS

2002 - Subsec. (b)(5)(B)(ii). Pub. L. 107-295 inserted "is not"

after "(ii)".

1996 - Subsec. (b)(4). Pub. L. 104-324, Sec. 719(1), inserted "as

measured under section 14502 of this title, or an alternate tonnage

measured under section 14302 of this title as prescribed by the

Secretary under section 14104 of this title" after "5,000 gross

tons" in introductory provisions.

Subsec. (b)(5). Pub. L. 104-324, Sec. 719(2), inserted "as

measured under section 14502 of this title, or an alternate tonnage

measured under section 14302 of this title as prescribed by the

Secretary under section 14104 of this title" after "500 gross tons"

in introductory provisions.

Subsec. (b)(10). Pub. L. 104-324, Sec. 719(3), inserted "as

measured under section 14502 of this title, or an alternate tonnage

measured under section 14302 of this title as prescribed by the

Secretary under section 14104 of this title" after "150 gross

tons".

1990 - Subsec. (b)(5)(B). Pub. L. 101-595 amended subpar. (B)

generally. Prior to amendment, subpar. (B) read as follows: "is not

on a foreign voyage."

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-595 effective Nov. 16, 1990, with

provision that before Jan. 1, 2003, a fish tender vessel is exempt

from this chapter when engaged in Aleutian trade if the vessel

either operated in that trade before Sept. 8, 1990, or was

purchased before that date to be used in such trade and entered

into service in that trade before June 1, 1992, did not undergo a

major conversion, and did not have a load line assigned at any time

before Nov. 16, 1990, see section 602(f) of Pub. L. 101-595, set

out as a note under section 4502 of this title.

FISH TENDER VESSELS IN ALEUTIAN TRADE

Pub. L. 107-295, title IV, Sec. 436(b), (c), Nov. 25, 2002, 116

Stat. 2129, provided that:

"(b) Implementation. - Except as provided in subsection (c), a

fish tender vessel that before January 1, 2003, transported cargo

(not including fishery related products) in the Aleutian trade is

subject to chapter 51 of title 46, United States Code (as amended

by subsection (a) of this section [amending this section]).

"(c) Exception. -

"(1) In general. - Before December 31, 2006, the BOWFIN (United

States official number 604231) is exempt from chapter 51 of title

46, United States Code (as amended by subsection (a) of this

section) when engaged in the Aleutian trade, if the vessel does

not undergo a major conversion.

"(2) Ensuring safety. - Before the date referred to in

paragraph (1), a Coast Guard official who has reason to believe

that the vessel referred to in paragraph (1) operating under this

subsection is in a condition or is operated in a manner that

creates an immediate threat to life or the environment or is

operated in a manner that is inconsistent with section 3302 of

title 46, United States Code, may direct the master or individual

in charge to take immediate and reasonable steps to safeguard

life and the environment, including directing the vessel to a

port or other refuge."

[For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.]

-End-

-CITE-

46 USC Sec. 5103 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part C - Load Lines of Vessels

CHAPTER 51 - LOAD LINES

-HEAD-

Sec. 5103. Load line requirements

-STATUTE-

(a) A vessel may be operated only if the vessel has been assigned

load lines.

(b) The owner, charterer, managing operator, agent, master, and

individual in charge of a vessel shall mark and maintain the load

lines permanently and conspicuously in the way prescribed by the

Secretary.

-SOURCE-

(Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat.

1915.)

-MISC1-

HISTORICAL AND REVISION NOTES

Revised section 5103

Source: Section (U.S. Code) 46 App. U.S.C. 86c, 88b.

Section 5103(a) prohibits a vessel that is subject to load line

requirements from operating, unless it has load lines assigned by

the Secretary.

Section 5103(b) requires that load lines be permanently and

conspicuously maintained in the manner prescribed by the Secretary.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5110, 5116 of this title.

-End-

-CITE-

46 USC Sec. 5104 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part C - Load Lines of Vessels

CHAPTER 51 - LOAD LINES

-HEAD-

Sec. 5104. Assignment of load lines

-STATUTE-

(a) The Secretary shall assign load lines for a vessel so that

they indicate the minimum safe freeboard to which the vessel may be

loaded. However, if the owner requests, the Secretary may assign

load lines that result in greater freeboard than the minimum safe

freeboard.

(b) In assigning load lines for a vessel, the Secretary shall

consider -

(1) the service, type, and character of the vessel;

(2) the geographic area in which the vessel will operate; and

(3) applicable international agreements to which the United

States Government is a party.

(c) An existing vessel may retain its load lines assigned before

January 1, 1986, unless the Secretary decides that a substantial

change in the vessel after those load lines were assigned requires

that new load lines be assigned under this chapter.

(d) The minimum freeboard of an existing vessel may be reduced

only if the vessel complies with every applicable provision of this

chapter.

(e) The Secretary may designate by regulation specific geographic

areas that have less severe weather or sea conditions and from

which there is adequate time to return to available safe harbors.

The Secretary may reduce the minimum freeboard of a vessel

operating in these areas.

-SOURCE-

(Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat.

1915.)

-MISC1-

HISTORICAL AND REVISION NOTES

Revised section 5104

Source: Section (U.S. Code) 46 App. U.S.C. 86c, 88a.

Section 5104(a) requires the Secretary to assign load lines

indicating the minimum safe freeboard to which a vessel may be

loaded. It also authorizes the Secretary to assign a load line that

results in a freeboard that is greater than the minimum freeboard,

if the owner requests.

Section 5104(b) sets forth guidelines that the Secretary must

consider when assigning load lines on vessels.

Section 5104(c) allows an existing vessel to retain its load line

assigned before January 1, 1986, unless the Secretary decides that

a change made in the vessel requires the assignment of a new load

line.

Section 5104(d) is a new provision that requires that a vessel

comply with all the provisions of this chapter before the Secretary

will consider a reduction in its minimum freeboard. This provision

is similar to Article 4(4) of the International Convention on Load

Lines.

Section 5104(e) is a new provision that authorized the Secretary

to designate specific geographic areas having relatively non-severe

weather or sea conditions and from which there is adequate time to

return to safe harbors. Section 5104(e) also authorizes the

Secretary to reduce the minimum freeboard of vessels operating in

these areas. Regulations that have been issued under this authority

(46 C.F.R. 44) authorize special service load lines for vessels

operating not more than 20 nautical miles offshore or between

islands in a group.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5110 of this title.

-End-

-CITE-

46 USC Sec. 5105 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part C - Load Lines of Vessels

CHAPTER 51 - LOAD LINES

-HEAD-

Sec. 5105. Load line surveys

-STATUTE-

(a) The Secretary may provide for annual, renewal, and other load

line surveys.

(b) In conducting a load line survey, the Secretary shall

consider whether -

(1) the hull and fittings of the vessel -

(A) are adequate to protect the vessel from the sea; and

(B) meet other requirements the Secretary may prescribe by

regulation;

(2) the strength of the hull is adequate for all loading

conditions;

(3) the stability of the vessel is adequate for all loading

conditions;

(4) the topsides of the vessel are arranged and constructed to

allow rapid overboard drainage of deck water in heavy weather;

and

(5) the topsides of the vessel are adequate in design,

arrangement, and equipment to protect crewmembers performing

outside tasks necessary for safe operation of the vessel.

-SOURCE-

(Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat.

1916.)

-MISC1-

HISTORICAL AND REVISION NOTES

Revised section 5105

Section 5105 authorizes the Secretary of Transportation to

provide for load line surveys and requires that while conducting a

load line survey, the Secretary must consider various strength,

stability, design, and construction features of the vessel.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5102, 5110 of this title.

-End-

-CITE-

46 USC Sec. 5106 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part C - Load Lines of Vessels

CHAPTER 51 - LOAD LINES

-HEAD-

Sec. 5106. Load line certificate

-STATUTE-

(a) On finding that a load line survey of a vessel under this

chapter is satisfactory and that the vessel's load lines are marked

correctly, the Secretary shall issue the vessel a load line

certificate and deliver it to the owner, master, or individual in

charge of the vessel.

(b) The certificate shall be maintained as required by the

Secretary.

-SOURCE-

(Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat.

1916.)

-MISC1-

HISTORICAL AND REVISION NOTES

Revised section 5106

Source: Section (U.S. Code) 46 App. U.S.C. 86c.

Section 5106(a) requires the Secretary to issue a load line

certificate upon finding that a vessel has received a satisfactory

load line survey and that the vessel's load line is marked

correctly.

Section 5106(b) requires that the load line certificate be

maintained as required by the Secretary of Transportation. It is

expected that the Secretary will require in most cases that the

certificate be carried on board the vessel. However, certain types

of vessels such as barges do not have facilities for the carriage

of certificates. In this case, this provision would give the

Secretary the discretion to require that the certificates for the

barges be carried on the towing vessels.

-End-

-CITE-

46 USC Sec. 5107 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part C - Load Lines of Vessels

CHAPTER 51 - LOAD LINES

-HEAD-

Sec. 5107. Delegation of authority

-STATUTE-

(a) The Secretary shall delegate to the American Bureau of

Shipping or other similarly qualified organizations the authority

to assign load lines, survey vessels, determine that load lines are

marked correctly, and issue load line certificates under this

chapter.

(b) Under regulations prescribed by the Secretary, a decision of

an organization delegated authority under subsection (a) of this

section related to the assignment of a load line may be appealed to

the Secretary.

(c) For a vessel intended to be engaged on a foreign voyage, the

Secretary may delegate to another country that is a party to the

International Convention on Load Lines, 1966, the authority to

assign load lines, survey vessels, determine that the load lines

are marked correctly, and issue an International Load Line

Certificate (1966).

(d) The Secretary may terminate a delegation made under this

section after giving written notice to the organization.

-SOURCE-

(Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat.

1916.)

-MISC1-

HISTORICAL AND REVISION NOTES

Revised section 5107

Source: Section (U.S. Code) 46 App. U.S.C. 86d, 88b.

Section 5107(a) requires the Secretary to delegate the

performance of various load line functions to the American Bureau

of Shipping or other similarly qualified organizations. In

providing for the delegation to a "similarly qualified

organization," the Committee expects that the Secretary will ensure

that that organization complies with the same stringent standards

and requirements for conducting business that apply to the American

Bureau of Shipping.

Section 5107(b) permits an appeal to the Secretary of a decision

by an organization that has received delegated authority. This

ensures that the Secretary has full oversight of the delegated load

line functions.

Section 5107(c) permits the Secretary to delegate various load

line functions to another country for vessels that are engaged on a

foreign voyage, provided that the country is a party to the

International Convention on Load Lines, 1966.

Section 5107(d) clarifies the Secretary's authority to revoke a

delegation at any time without cause. This authority is given so

that no delay occurs administratively in revoking a delegation

whenever the Secretary decides a revocation is warranted.

-End-

-CITE-

46 USC Sec. 5108 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part C - Load Lines of Vessels

CHAPTER 51 - LOAD LINES

-HEAD-

Sec. 5108. Special exemptions

-STATUTE-

(a) The Secretary may exempt a vessel from any part of this

chapter when -

(1) the vessel is entitled to an exemption under an

international agreement to which the United States Government is

a party; or

(2) under regulations (including regulations on special

operations conditions) prescribed by the Secretary, the Secretary

finds that good cause exists for granting an exemption.

(b) When the Secretary grants an exemption under this section,

the Secretary may issue a certificate of exemption stating the

extent of the exemption.

(c) A certificate of exemption issued under subsection (b) of

this section shall be maintained as required by the Secretary.

-SOURCE-

(Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat.

1916.)

-MISC1-

HISTORICAL AND REVISION NOTES

Revised section 5108

Source: Section (U.S. Code) 46 App. U.S.C. 86e, 88a.

Section 5108(a) authorizes the Secretary to exempt a vessel from

load line requirements if the vessel is entitled to an exemption

under an international agreement to which the United States is a

party. It also provides the Secretary with the new authority to

exempt a vessel from load line requirements if the Secretary finds

that there is good reason for granting the exemption. A specific

exemption from load line requirements was authorized in Public Law

98-557 for barges operating close to shore between Calumet Harbor,

Illinois and Burns Harbor, Indiana, because the geographic area and

type of operation in this case did not warrant a requirement for

load lines. Additional exemptions currently must be made by an Act

of Congress. Section 5108(a) authorizes the Secretary to make such

exemptions through regulation, and the Committee expects the

Secretary to continue the exemption under this provision for

vessels operating close to shore between Calumet Harbor, Illinois

and Burns Harbor, Indiana.

Section 5108(b) authorizes the Secretary to issue a certificate

of exemption when an exemption is granted.

Section 5108(c) requires that the certificate of exemption be

maintained as required by the Secretary in a similar manner as

under section 5106(b).

-End-

-CITE-

46 USC Sec. 5109 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part C - Load Lines of Vessels

CHAPTER 51 - LOAD LINES

-HEAD-

Sec. 5109. Reciprocity for foreign vessels

-STATUTE-

(a) When the Secretary finds that the laws and regulations of a

foreign country related to load lines are similar to those of this

chapter and the regulations prescribed under this chapter, or when

a foreign country is a party to an international load line

agreement to which the United States Government is a party, the

Secretary shall accept the load line marks and certificate of a

vessel of that foreign country as complying with this chapter and

the regulations prescribed under this chapter. The Secretary may

control the vessel as provided for in the applicable international

agreement.

(b) Subsection (a) of this section does not apply to a vessel of

a foreign country that does not recognize load lines assigned under

this chapter.

-SOURCE-

(Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat.

1917.)

-MISC1-

HISTORICAL AND REVISION NOTES

Revised section 5109

Source: Section (U.S. Code) 46 App. U.S.C. 86f, 88d.

Section 5109(a) requires the Secretary to accept the load line

mark and load line certificate of a vessel of a foreign country if

the Secretary finds that the load line laws and regulations of that

country are similar to those of this chapter, or if that country is

a party to an international load line agreement to which the United

States is a party.

-End-

-CITE-

46 USC Sec. 5110 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part C - Load Lines of Vessels

CHAPTER 51 - LOAD LINES

-HEAD-

Sec. 5110. Submersible vessels

-STATUTE-

Notwithstanding sections 5103-5105 of this title, the Secretary

may prescribe regulations for submersible vessels to provide a

minimum level of safety. In developing the regulations, the

Secretary shall consider factors relevant to submersible vessels,

including the structure, stability, and watertight integrity of

those vessels.

-SOURCE-

(Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat.

1917.)

-MISC1-

HISTORICAL AND REVISION NOTES

Revised section 5110

Section 5110 authorizes the Secretary to prescribe regulations

for the marking of load lines of submersible vessels. This general

authority has been included in anticipation of the commercial

development of submersibles.

-End-

-CITE-

46 USC Sec. 5111 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part C - Load Lines of Vessels

CHAPTER 51 - LOAD LINES

-HEAD-

Sec. 5111. Providing loading information

-STATUTE-

The Secretary may prescribe regulations requiring the owner,

charterer, managing operator, and agent of a vessel to provide

loading information (including information on loading distribution,

stability, and margin of strength) to the master or individual in

charge of the vessel in a language the master or individual

understands.

-SOURCE-

(Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat.

1917.)

-MISC1-

HISTORICAL AND REVISION NOTES

Section 5111 authorizes the Secretary to prescribe regulations

requiring that the master of a vessel be provided with loading and

stability information for the vessel that the master understands.

-End-

-CITE-

46 USC Sec. 5112 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part C - Load Lines of Vessels

CHAPTER 51 - LOAD LINES

-HEAD-

Sec. 5112. Loading restrictions

-STATUTE-

(a) 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.

(b) If the loading or stability conditions of a vessel change,

the master or individual in charge of the vessel, before moving the

vessel, shall record in the official logbook or other permanent

record of the vessel -

(1) the position of the assigned load line relative to the

water surface; and

(2) the draft of the vessel fore and aft.

(c) A vessel may be operated only if the loading distribution,

stability, and margin of strength are adequate for the voyage or

movement intended.

(d) Subsections (a) and (b) of this section do not apply to a

submersible vessel.

-SOURCE-

(Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat.

1917.)

-MISC1-

HISTORICAL AND REVISION NOTES

Revised section 5112

Source: Section (U.S. Code) 46 App. U.S.C. 86g, 88c, 88e.

Section 5112(a) prohibits a vessel from being loaded in a manner

that submerges its load line.

Section 5112(b) requires that whenever the loading or stability

conditions of a vessel change, the master or individual in charge

of the vessel must record in the official logbook the position of

the load line and the draft of the vessel.

Section 5112(c) is a new provision that provides that a vessel

may be operated only if the loading distribution, stability, and

margin of strength are adequate for the intended voyage or

movement.

Section 5112(d) provides that subsections (a) and (b) do not

apply to a submersible vessel.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5116 of this title.

-End-

-CITE-

46 USC Sec. 5113 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part C - Load Lines of Vessels

CHAPTER 51 - LOAD LINES

-HEAD-

Sec. 5113. Detention of vessels

-STATUTE-

(a) When the Secretary believes that a vessel is about to leave a

place in the United States in violation of this chapter or a

regulation prescribed under this chapter, the Secretary may detain

the vessel by giving notice to the owner, charterer, managing

operator, agent, master, or individual in charge of the vessel.

(b) A detained vessel may be cleared under section 4197 of the

Revised Statutes (46 App. U.S.C. 91) only after the violation has

been corrected. If the vessel was cleared before being detained,

the clearance shall be withdrawn.

(c) Under regulations prescribed by the Secretary, the owner,

charterer, managing operator, agent, master, or individual in

charge of a detained vessel may petition the Secretary to review

the detention order.

(d) After reviewing a petition, the Secretary may affirm,

withdraw, or change the detention order. Before acting on the

petition, the Secretary may require any independent survey that may

be necessary to determine the condition of the vessel.

(e) The owner of a vessel is liable for the cost incident to a

petition for review and any required survey if the vessel is found

to be in violation of this chapter or a regulation prescribed under

this chapter.

-SOURCE-

(Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat.

1918.)

-MISC1-

HISTORICAL AND REVISION NOTES

Revised section 5113

Source: Section (U.S. Code) 46 App. U.S.C. 86h, 88f.

Section 5113 authorizes the Secretary to detain a vessel if the

Secretary believes that the vessel is in violation of the load line

requirements, and describes the process through which a vessel may

be cleared. It also states that a vessel owner is liable for

certain costs resulting from a petition for review and load line

survey that is made pursuant to a violation of load line

requirements.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5116 of this title.

-End-

-CITE-

46 USC Sec. 5114 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part C - Load Lines of Vessels

CHAPTER 51 - LOAD LINES

-HEAD-

Sec. 5114. Use of Customs Service officers and employees for

enforcement

-STATUTE-

(a) With the approval of the Secretary of the Treasury, the

Secretary may use an officer or employee of the United States

Customs Service to enforce this chapter and the regulations

prescribed under this chapter.

(b) The Secretary shall consult with the Secretary of the

Treasury before prescribing a regulation that affects the

enforcement responsibilities of an officer or employee of the

Customs Service.

-SOURCE-

(Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat.

1918; Pub. L. 101-595, title VI, Sec. 603(4), Nov. 16, 1990, 104

Stat. 2993.)

-MISC1-

HISTORICAL AND REVISION NOTES

Revised section 5114

Source: Section (U.S. Code) 46 App. U.S.C. 86

Section 5114(a) authorizes the Secretary to use a Customs Service

officer or employee to enforce load line requirements. The expected

role of a Customs Service officer or employee in this regard is to

ensure that a vessel is carrying a load line certificate and that

the load line is not submerged.

Section 5114(b) requires the Secretary to consult with the

Secretary of the Treasury before prescribing a regulation that

affects the enforcement responsibilities of a Customs Service

officer or employee.

AMENDMENTS

1990 - Pub. L. 101-595 substituted "officers and employees" for

"officers employees" in section catchline.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-End-

-CITE-

46 USC Sec. 5115 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part C - Load Lines of Vessels

CHAPTER 51 - LOAD LINES

-HEAD-

[Sec. 5115. Repealed. Pub. L. 101-595, title VI, Sec. 603(5)(A),

Nov. 16, 1990, 104 Stat. 2993]

-MISC1-

Section, Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986,

100 Stat. 1918, authorized Secretary to prescribe regulations to

carry out this chapter.

-End-

-CITE-

46 USC Sec. 5116 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part C - Load Lines of Vessels

CHAPTER 51 - LOAD LINES

-HEAD-

Sec. 5116. Penalties

-STATUTE-

(a) Except as otherwise provided in this section, the owner,

charterer, managing operator, agent, master, and individual in

charge of a vessel violating this chapter or a regulation

prescribed under this chapter are each liable to the United States

Government for a civil penalty of not more than $5,000. Each day of

a continuing violation is a separate violation. The vessel also is

liable in rem for the penalty.

(b) The owner, charterer, managing operator, agent, master, and

individual in charge of a vessel allowing, causing, attempting to

cause, or failing to take reasonable care to prevent a violation of

section 5112(a) of this title are each liable to the Government for

a civil penalty of not more than $10,000 plus an additional amount

equal to twice the economic benefit of the overloading. The vessel

also is liable in rem for the penalty.

(c) The master or individual in charge of a vessel violating

section 5112(b) of this title is liable to the Government for a

civil penalty of not more than $5,000. The vessel also is liable in

rem for the penalty.

(d) A person causing or allowing the departure of a vessel from a

place within the jurisdiction of the United States in violation of

a detention order issued under section 5113 of this title commits a

class A misdemeanor.

(e) A person causing or allowing the alteration, concealment, or

removal of a mark placed on a vessel under section 5103(b) of this

title and the regulations prescribed under this chapter, except to

make a lawful change or to escape enemy capture in time of war,

commits a class A misdemeanor.

-SOURCE-

(Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat.

1918; Pub. L. 101-380, title IV, Sec. 4302(d), Aug. 18, 1990, 104

Stat. 538.)

-MISC1-

HISTORICAL AND REVISION NOTES

Revised section 5116

Source: Section (U.S. Code) 46 App. U.S.C. 86i, 88g.

Section 5116 provides penalties for violations of load line

requirements. The penalties are raised substantially from existing

law to provide a sufficient deterrence against violations of the

load line requirements and to conform with the level of penalties

throughout the subtitle. The monetary penalties have not been

changed since the 1930's.

Section 5116(a) raises from $1,000 to $5,000 the maximum penalty

for violation of a load line provision under this chapter or a

regulation promulgated under this chapter.

Section 5116(b) raises from $1,000 to $10,000 the maximum penalty

for loading a vessel in such a way as to submerge the load line. In

addition, a violator must pay up to two times the amount of the

economic benefit of the overloading.

Section 5116(c) raises from $500 to $5,000 the maximum penalty

for a violation of the requirement in section 5112(b) that the load

line position and draft of a vessel be noted in the logbook.

Section 5116(a)-(c) also states that the vessel is liable in rem

for the penalty.

Section 5116(d) raises from $1,000 to $10,000 the maximum penalty

for a violation of a detention order and may also include

imprisonment for up to one year.

Section 5116(e) raises from $2,000 to $10,000 the maximum penalty

for the alteration, removal, or concealment of a load line mark and

may also include imprisonment for two years.

AMENDMENTS

1990 - Subsec. (d). Pub. L. 101-380, Sec. 4302(d)(1), substituted

"commits a class A misdemeanor" for "shall be fined not more than

$10,000, imprisoned for not more than one year, or both".

Subsec. (e). Pub. L. 101-380, Sec. 4302(d)(2), substituted

"commits a class A misdemeanor" for "shall be fined not more than

$10,000, imprisoned for not more than 2 years, or both".

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-380 applicable to incidents occurring

after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out

as an Effective Date note under section 2701 of Title 33,

Navigation and Navigable Waters.

-End-

-CITE-

46 USC Part D - Marine Casualties 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part D - Marine Casualties

-HEAD-

PART D - MARINE CASUALTIES

-End-