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 Repealed.] 5116.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 or possession of the United States or the Trust Territory of the Pacific Islands; and (B) a place outside that territory, posses- sion, 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. (Pub. L. 99–509, title V, § 5101(2), Oct. 21, 1986, 100 Stat. 1913.) 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 ‘‘ex- isting ship’’) will be replaced by section 5101. Defini- tions 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, produc- tion platforms, mining sites outside of territorial wa- ters 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 estab- lishing 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 au- thority 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. Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 5102. Application (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— Page 115 TITLE 46—SHIPPING § 5102 (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 jurisdic- tion of the United States. (b) This chapter does not apply to the fol- lowing: (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, 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 proc- essing 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 domes- tic 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 Pan- ama Canal Commission not on a foreign voy- age. (13) a vessel of the United States on a domes- tic voyage that is within the Gulf of Mexico and operating not more than 15 nautical miles seaward of the base line from which the terri- torial sea of the United States is measured be- tween Crystal Bay, Florida and Hudson Creek, Florida. (c) On application by the owner and after a survey under section 5105 of this title, the Sec- retary may assign load lines for a vessel ex- cluded from the application of this chapter under subsection (b) of this section. A vessel as- signed 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 inter- national agreement to which the Government is a party that is not in conflict with the Inter- national Convention on Load Lines currently in force for the United States. (Pub. L. 99–509, title V, § 5101(2), Oct. 21, 1986, 100 Stat. 1914; Pub. L. 101–595, title VI, § 602(d), Nov. 16, 1990, 104 Stat. 2991; Pub. L. 104–324, title VII, § 719, Oct. 19, 1996, 110 Stat. 3938; Pub. L. 107–295, title IV, § 436(a), Nov. 25, 2002, 116 Stat. 2129; Pub. L. 111–281, title VI, § 604(d)(1), Oct. 15, 2010, 124 Stat. 2965; Pub. L. 112–213, title III, § 305(d)(1), Dec. 20, 2012, 126 Stat. 1565; Pub. L. 114–120, title VI, § 612, Feb. 8, 2016, 130 Stat. 85.) 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 fol- lows: subsection (a) is an all-inclusive list of vessels subject to load line requirements, followed by sub- section (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 fol- lows: 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 for- eign 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 facili- ties 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, fish- ing vessels, small passenger vessels on domestic voy- ages); (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 re- quirements. Clause (2) exempts recreational vessels operated only for pleasure from load line requirements. Clause (3) exempts fishing vessels from load line re- quirements. Page 116 TITLE 46—SHIPPING § 5103 Clauses (4) and (5) exempt certain existing fish proc- essing 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 require- ments ‘‘by specific action of a treaty of the United States.’’ The only current treaty which excludes ves- sels from load line requirements is the Convention Be- tween 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 ex- isting 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 Sub- chapter T of Title 46 of the Code of Federal Regula- tions. 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 require- ments in Subchapter T regulations include hull struc- ture and watertightness, stability, weathertight integ- rity, and safe movement of persons on deck, the prin- cipal 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 au- thority to regulate small passenger vessels under Sub- chapter 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 re- quirements 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 Con- vention on Load Lines. Editorial Notes AMENDMENTS 2016—Subsec. (b)(13). Pub. L. 114–120 added par. (13). 2012—Subsec. (b)(3). Pub. L. 112–213 substituted ‘‘July 1, 2013.’’ for ‘‘July 1, 2012.’’ 2010—Subsec. (b)(3). Pub. L. 111–281 inserted ‘‘, unless the vessel is built after July 1, 2012’’ after ‘‘vessel’’. 2002—Subsec. (b)(5)(B)(ii). Pub. L. 107–295 inserted ‘‘is not’’ after ‘‘(ii)’’. 1996—Subsec. (b)(4). Pub. L. 104–324, § 719(1), inserted ‘‘as measured under section 14502 of this title, or an al- ternate 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, § 719(2), inserted ‘‘as measured under section 14502 of this title, or an alter- nate 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 provi- sions. Subsec. (b)(10). Pub. L. 104–324, § 719(3), inserted ‘‘as measured under section 14502 of this title, or an alter- nate 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 sub- par. (B) generally. Prior to amendment, subpar. (B) read as follows: ‘‘is not on a foreign voyage.’’ Statutory Notes and Related Subsidiaries 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, § 436(b), (c), Nov. 25, 2002, 116 Stat. 2129, provided that: ‘‘(b) IMPLEMENTATION.—Except as provided in sub- section (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 sub- section (a) of this section [amending this section]). ‘‘(c) EXCEPTION.— ‘‘(1) IN GENERAL.—Before December 31, 2006, the BOWFIN (United States official number 604231) is ex- empt 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 rea- son 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 indi- vidual in charge to take immediate and reasonable steps to safeguard life and the environment, includ- ing 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 relat- ing 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 Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.] § 5103. Load line requirements (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 ves- sel shall mark and maintain the load lines per- manently and conspicuously in the way pre- scribed by the Secretary. (c) A fishing vessel built on or before July 1, 2013, that undergoes a major conversion com- pleted after the later of July 1, 2013, or the date the Secretary establishes standards for an alter-