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[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 46USC5101]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part C--Load Lines of Vessels
CHAPTER 51--LOAD LINES
Sec. 5101. Definitions
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.
(Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat. 1913.)
Historical and Revision Notes
Revised section 5101

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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.
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.

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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 46USC5102]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part C--Load Lines of Vessels
CHAPTER 51--LOAD LINES
Sec. 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-(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) 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

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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.
(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.)
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

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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

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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
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.

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From the U.S. Code Online via GPO Access
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[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 46USC5103]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part C--Load Lines of Vessels
CHAPTER 51--LOAD LINES
Sec. 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 vessel shall mark and maintain the load lines
permanently and conspicuously in the way prescribed by the Secretary.
(Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat. 1915.)
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.
Section Referred to in Other Sections
This section is referred to in sections 5110, 5116 of this title.

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From the U.S. Code Online via GPO Access
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[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 46USC5104]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part C--Load Lines of Vessels
CHAPTER 51--LOAD LINES
Sec. 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 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.
(Pub. L. 99-509, title V, Sec. 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
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

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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.
Section Referred to in Other Sections
This section is referred to in section 5110 of this title.

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From the U.S. Code Online via GPO Access
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[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 46USC5105]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part C--Load Lines of Vessels
CHAPTER 51--LOAD LINES
Sec. 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.
(Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat. 1916.)
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.
Section Referred to in Other Sections
This section is referred to in sections 5102, 5110 of this title.

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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 46USC5106]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part C--Load Lines of Vessels
CHAPTER 51--LOAD LINES
Sec. 5106. Load line certificate
(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.
(Pub. L. 99-509, title V, Sec. 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 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.

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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 46USC5107]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part C--Load Lines of Vessels
CHAPTER 51--LOAD LINES
Sec. 5107. Delegation of authority
(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.
(Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat. 1916.)
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.

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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 46USC5108]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part C--Load Lines of Vessels
CHAPTER 51--LOAD LINES
Sec. 5108. Special exemptions
(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.
(Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat. 1916.)
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).

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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 46USC5109]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part C--Load Lines of Vessels
CHAPTER 51--LOAD LINES
Sec. 5109. Reciprocity for foreign vessels
(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.
(Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat. 1917.)
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.

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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 46USC5110]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part C--Load Lines of Vessels
CHAPTER 51--LOAD LINES
Sec. 5110. Submersible vessels
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.
(Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat. 1917.)
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.

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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 46USC5111]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part C--Load Lines of Vessels
CHAPTER 51--LOAD LINES
Sec. 5111. Providing loading information
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.
(Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat. 1917.)
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.

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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 46USC5112]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part C--Load Lines of Vessels
CHAPTER 51--LOAD LINES
Sec. 5112. Loading restrictions
(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.
(Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat. 1917.)
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.
Section Referred to in Other Sections
This section is referred to in section 5116 of this title.

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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 46USC5113]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part C--Load Lines of Vessels
CHAPTER 51--LOAD LINES
Sec. 5113. Detention of vessels
(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.
(Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat. 1918.)
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.
Section Referred to in Other Sections
This section is referred to in section 5116 of this title.

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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 46USC5114]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part C--Load Lines of Vessels
CHAPTER 51--LOAD LINES
Sec. 5114. Use of Customs Service officers and employees for
enforcement
(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.
(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.)
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.

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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 46USC5115]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part C--Load Lines of Vessels
CHAPTER 51--LOAD LINES
[Sec. 5115. Repealed. Pub. L. 101-595, title VI, Sec. 603(5)(A),
Nov. 16, 1990, 104 Stat. 2993]
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.

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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 46USC5116]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part C--Load Lines of Vessels
CHAPTER 51--LOAD LINES
Sec. 5116. Penalties
(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.
(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.)
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.

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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.

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