Collapse to view only § 5101. Definitions
- § 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 Repealed.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
§ 5101. DefinitionsIn 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, § 5101(2), Oct. 21, 1986, 100 Stat. 1913.)
§ 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, 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 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.
(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, 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, § 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.)
§ 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.
(c) A fishing vessel built on or before July 1, 2013, that undergoes a major conversion completed after the later of July 1, 2013, or the date the Secretary establishes standards for an alternate 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.)
§ 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, § 5101(2), Oct. 21, 1986, 100 Stat. 1915.)
§ 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, § 5101(2), Oct. 21, 1986, 100 Stat. 1916.)
§ 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, § 5101(2), Oct. 21, 1986, 100 Stat. 1916.)
§ 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, § 5101(2), Oct. 21, 1986, 100 Stat. 1916.)
§ 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, § 5101(2), Oct. 21, 1986, 100 Stat. 1916.)
§ 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, § 5101(2), Oct. 21, 1986, 100 Stat. 1917.)
§ 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, § 5101(2), Oct. 21, 1986, 100 Stat. 1917.)
§ 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, § 5101(2), Oct. 21, 1986, 100 Stat. 1917.)
§ 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, § 5101(2), Oct. 21, 1986, 100 Stat. 1917.)
§ 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 60105 of this title 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, § 5101(2), Oct. 21, 1986, 100 Stat. 1918; Pub. L. 109–304, § 15(20), Oct. 6, 2006, 120 Stat. 1703.)
§ 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, § 5101(2), Oct. 21, 1986, 100 Stat. 1918; Pub. L. 101–595, title VI, § 603(4), Nov. 16, 1990, 104 Stat. 2993.)
[§ 5115. Repealed. Pub. L. 101–595, title VI, § 603(5)(A), Nov. 16, 1990, 104 Stat. 2993]
§ 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, § 5101(2), Oct. 21, 1986, 100 Stat. 1918; Pub. L. 101–380, title IV, § 4302(d), Aug. 18, 1990, 104 Stat. 538.)