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46 U.S.C. § 5102 — Application

Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 5102 — Application

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Source file: Laws/federal/codes/united-states-code/title-46/section-5102-application--72d9f65a1d.md
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Source location: Title 46, Chapter 51, § 5102; chapter-051-load-lines.md

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**(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, unless the vessel is built after July 1, 2013. (4) a fish processing vessel of not more than 5,000 gross tons as measured under [section 14502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14502&num=0&edition=prelim), or an alternate tonnage measured under [section 14302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14302&num=0&edition=prelim) as prescribed by the Secretary under [section 14104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14104&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14502&num=0&edition=prelim), or an alternate tonnage measured under [section 14302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14302&num=0&edition=prelim) as prescribed by the Secretary under [section 14104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14104&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14502&num=0&edition=prelim), or an alternate tonnage measured under [section 14302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14302&num=0&edition=prelim) as prescribed by the Secretary under [section 14104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14104&num=0&edition=prelim) 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. (13) a vessel of the United States on a domestic voyage that is within the Gulf of Mexico and operating not more than 15 nautical miles seaward of the base line from which the territorial sea of the United States is measured between Crystal Bay, Florida and Hudson Creek, Florida. **(c)** On application by the owner and after a survey under [section 5105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section5105&num=0&edition=prelim), 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.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 3302 — Exemptions

**(a)** A vessel is not excluded from one category only because the vessel is— (1) included in another category of [section 3301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section3301&num=0&edition=prelim); or (2) excluded by this section from another category of [section 3301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section3301&num=0&edition=prelim). **(b)** Except as provided in subsection (c)(3) of this section, a fishing vessel, including a vessel chartered part-time as a fish tender vessel, is exempt from section 3301(1), (7), (11), and (12) of this title. **(c)** (1) Except as provided in paragraph (3) of this subsection, a fish processing vessel of not more than 5,000 gross tons as measured under [section 14502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14502&num=0&edition=prelim), or an alternate tonnage measured under [section 14302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14302&num=0&edition=prelim) as prescribed by the Secretary under [section 14104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14104&num=0&edition=prelim) is exempt from section 3301(1), (6), (7), (11), and (12) of this title. (2) Except as provided in paragraphs (3) and (4) of this subsection, the following fish tender vessels are exempt from section 3301(1), (6), (7), (11), and (12) of this title: (A) A vessel of not more than 500 gross tons as measured under [section 14502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14502&num=0&edition=prelim) or an alternate tonnage measured under [section 14302 of this title](h

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 14302 — Measurement

**(a)** The Secretary shall measure a vessel to which this chapter applies in the way provided by this chapter and the Convention. **(b)** A vessel measured under this chapter may not be required to be measured under another law. **(c)** Unless otherwise provided by law, the measurement of a vessel under this chapter applies to a law of the United States whose applicability depends on a vessel’s tonnage, if that law— (1) becomes effective after July 18, 1994; or (2) is in effect before July 19, 1994, is not enumerated in [section 14305 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14305&num=0&edition=prelim), and is identified by the Secretary by regulation as a law to which this chapter applies.

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 542 — Federal air marshal program

(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security. (2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 14502 — Measurement

The Secretary shall measure a vessel to which this chapter applies in the way provided by this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 2101 — General definitions

In this subtitle— (1) “associated equipment”— (A) means— (i) a system, accessory, component, or appurtenance of a recreational vessel; or (ii) a marine safety article intended for use on board a recreational vessel; but (B) with the exception of emergency locator beacons for recreational vessels operating beyond 3 nautical miles from the baselines from which the territorial sea of the United States is measured or beyond 3 nautical miles from the coastline of the Great Lakes, does not include radio equipment. (2) “Coast Guard” means the organization established and continued under [section 101 of title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section101&num=0&edition=prelim). (3) “Commandant” means the Commandant of the Coast Guard. (4) “commercial service” includes any type of trade or business involving the transportation of goods or individuals, except service performed by a combatant vessel. (5) “consideration” means an economic benefit, inducement, right, or profit including pecuniary payment accruing to an individual, person, or entity, but not including a voluntary sharing of the actual expenses of the voyage, by monetary contribution or donation of fuel, food, beverage, or other supplies. (6) “crude oil” means a liquid hydrocarbon mixture occurring naturally in the earth, whether or not treated to render it suitable for transportation, and includes crude oil from which certain distillate fractions may have been removed, and crude oil to which certain distillate fractions may have been added. (7) “crude oil tanker” means a tanker engaged in the trade of carrying crude oil. (8) “dangerous drug” means a narcotic drug, a controlled substance, or a controlled substance analog (as defined in section 102 of the Com

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 4502 — Safety standards

**(a)** The Secretary shall prescribe regulations which 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 flammable or combustible liquid fuel fire; (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 inboard engine which uses gasoline as fuel; (4) the means to properly and efficiently ventilate enclosed spaces, including engine and fuel tank compartments, so as to remove explosive or flammable 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 injury exists that can be eliminated or mitigated by that equipment; and (7) a placard as required by regulations prescribed under [section 10603(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section10603/b&num=0&edition=prelim). **(b)** (1) In addition to the requirements of subsection (a) of this section, the Secretary shall prescribe regulations requiring the installation, maintenance, and use of the equipment in paragraph (2) of this subsection for vessels to which this chapter applies that— (A) operate beyond 3 nautical miles from the baseline from which the territorial sea of the United States is measured or beyond 3 nautical miles from the coastline of the Great Lakes; (B) operate with more than 16 individuals on board; or (C) in the case of a fish tender vessel, engage in the Aleutian trade. (2) The equipment to be required is as follows: (A) alerting and

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 14104 — Measurement to determine application of a law

**(a)** When the application of a law of the United States to a vessel depends on the vessel’s tonnage, the vessel shall be measured under this part. **(b)** If a statute allows for an alternate tonnage to be prescribed under this section, the Secretary may prescribe it by regulation. Any such regulation shall be considered to be an interpretive regulation for purposes of [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim). Until an alternate tonnage is prescribed, the statutorily established tonnage shall apply to vessels measured under chapter 143 or chapter 145 of this title. **(c)** The head of each Federal agency shall ensure that regulations issued by the agency that specify particular tonnages comply with the alternate tonnages implemented by the Secretary.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 5105 — Load line surveys

**(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.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 5102 — Application

Page 114 TITLE 46—SHIPPING § 5101 (Added Pub. L. 117–263, div. K, title CXVI, § 11607(a), Dec. 23, 2022, 136 Stat. 4150.) Editorial Notes REFERENCES IN TEXT Enactment of the Don Young Coast Guard Authoriza- tion Act of 2022, referred to in subsec. (c)(1), means en- actment of div. K of Pub. L. 117–263, which was ap- proved Dec. 23, 2022. PART C—LOAD LINES OF VESSELS HISTORICAL AND REVISION NOTES Part C contains provisions that apply to load lines. A load line is a mark drawn on a vessel that indicates whether a vessel is overloaded. Load line requirements for international voyages are based not only on domes- tic law but also the 1966 International Load Line Con- vention. CHAPTER 51—LOAD LINES 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 employ- ees 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 re- quires that certain classes of vessels be marked with load lines. Editorial Notes AMENDMENTS 1990—Pub. L. 101–595, title VI, § 603(5)(B), Nov. 16, 1990, 104 Stat. 2993, struck out item 5115 ‘‘Regulations’’. § 5101. Definitions In this chapter— (1) ‘‘domestic voyage’’ means movement of a vessel between places in, or subject to the ju- risdiction of, the United States, except move- ment between— (A) a place in a territory

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