46 U.S.C. § 5105 — Load line surveys

Page 117 TITLE 46—SHIPPING § 5106 nate loadline compliance program, shall comply with such an alternative loadline compliance program that is developed in cooperation with the commercial fishing industry and prescribed by the Secretary. (Pub. L. 99–509, title V, § 5101(2), Oct. 21, 1986, 100 Stat. 1915; Pub. L. 111–281, title VI, § 604(d)(2), Oct. 15, 2010, 124 Stat. 2965; Pub. L. 112–213, title III, § 305(d)(2), Dec. 20, 2012, 126 Stat. 1565.) 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 perma- nently and conspicuously maintained in the manner prescribed by the Secretary. Editorial Notes AMENDMENTS 2012—Subsec. (c). Pub. L. 112–213 substituted ‘‘July 1, 2013,’’ for ‘‘July 1, 2012,’’ in two places and substituted ‘‘major conversion’’ for ‘‘substantial change to the di- mension of or type of the vessel’’. 2010—Subsec. (c). Pub. L. 111–281 added subsec. (c). § 5104. Assignment of load lines (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 Sec- retary 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 Sec- retary decides that a substantial change in the vessel after those load lines were assigned re- quires that new load lines be assigned under this chapter. (d) The minimum freeboard of an existing ves- sel 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 har- bors. The Secretary may reduce the minimum freeboard of a vessel operating in these areas. (Pub. L. 99–509, title V, § 5101(2), Oct. 21, 1986, 100 Stat. 1915.) 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 re- quests. Section 5104(b) sets forth guidelines that the Sec- retary must consider when assigning load lines on ves- sels. 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 re- quires 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 Arti- cle 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 nau- tical miles offshore or between islands in a group. § 5105. Load line surveys (a) The Secretary may provide for annual, re- newal, and other load line surveys. (b) In conducting a load line survey, the Sec- retary 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 pro- tect crewmembers performing outside tasks necessary for safe operation of the vessel. (Pub. L. 99–509, title V, § 5101(2), Oct. 21, 1986, 100 Stat. 1916.) HISTORICAL AND REVISION NOTES Revised section 5105 Section 5105 authorizes the Secretary of Transpor- tation 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. § 5106. Load line certificate (a) On finding that a load line survey of a ves- sel under this chapter is satisfactory and that the vessel’s load lines are marked correctly, the Secretary shall issue the vessel a load line cer- tificate and deliver it to the owner, master, or individual in charge of the vessel. (b) The certificate shall be maintained as re- quired by the Secretary. (Pub. L. 99–509, title V, § 5101(2), Oct. 21, 1986, 100 Stat. 1916.) 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