TITLE 46.—SHIPPING (b) Excepted vessels. (c) Loadline vessels; surrender of loadline certificate; removal of loadline marks. (d) Treaties or conventions unaffected. 86c. Determination of loadlines [New]. (b) Marking and maintaining loadlines; issuance (c) Prescribed loadlines; minimum safe freeboard; greater freeboard than minimum freeboard. 86d. Survey or registry of shipping [New]. (a) Appointments for determination of condition of vessels and positioning and marking of loadlines; issuance of loadline certificate. (b) Appointees. (c) Revocation of appointments. 86e. Exemptions; certificate of exemption [New]. 86f. Foreign vessels [New]. (a) Compliance with subchapter by compliance with loadlines and markings of foreign country and issuance of foreign certificate; international agreement for control of foreign vessels. (b) Reciprocal loadline recognition. 86g. Loading restrictions, submerging loadlines or loadline marks; recordation by masters of position of loadline marks and actual drafts [New]. 86h. Detention of vessels [New]. (a) Reasonable belief; notice to master or officer (b) Clearance; refusal or withdrawal. (e) Liability of owner for costs. 861. Penalties for violations [New]. (a) Civil liability for violations of subchapter; (b) Civil liability for section 86g(a) violations. (e) Criminal liability for concealment, removal, (f) Liability of vessel. (g) Administrative assessment, collection, remission, mitigation, or compromise. SUBCHAPTER I.-LOADLINES FOR VESSELS MAKING FOREIGN SEA VOYAGES $$ 85 to 85g. Repealed. Pub. L. 93-115, § 12, Oct. 1, 1973, 87 Stat. 421. Section 85, acts Mar. 2, 1929, ch. 508, § 1, 45 Stat. 1492; May 26, 1939, ch. 151, § 1, 53 Stat. 783; Aug. 31, 1962, Pub. L. 87-620, § 1(1), 76 Stat. 415, related to establishment of Page 2063 loadlines and vessels affected. Subject matter is now covered in part by section 86b (a)(2), (3), (b) (4), (6) of this title. Sections 85a to 85e, act Mar. 2, 1929, ch. 508, §§ 2-6, 45 Stat. 1493, 1494, related to: determination of loadlines, regulations, and material factors in fixing lines; marking lines on vessels, approval of marks, and issuance of certificate; requirement that vessels be so loaded as not to submerge lines or marks; application of sections 85 to 85g of this title to foreign vessels; and recordation by masters of vessels of position of loadline mark and actual drafts, respectively. Subject is now covered in this title as follows: Section 85f, acts Mar. 2, 1929, ch. 508, § 7, 45 Stat. 1494; Aug. 31, 1962, Pub. L. 87-620, § 1(2), 76 Stat. 415, related to detention of vessels loaded in violation of sections 85 to 85g of this title. Subject matter is now covered by section 86h of this title. Section 85g, acts Mar. 2, 1929, ch. 508, § 8, 45 Stat. 1494; May 26, 1939, ch. 151, § 2, 53 Stat. 783; Aug. 31, 1962, Pub. L. 87-620, § 1(3), 76 Stat. 415, related to penalties for violations of sections 85 to 85g of this title and seizure of vessels. Subject matter is now covered by section 861 of this title as follows: (4) existing ships of less than one hundred and fifty gross tons; (5) new ships of less than seventy-nine feet in length; (6) vessels which navigate exclusively on the Great Lakes; or (7) vessels operating on shelter waters between ports of the United States and neighboring countries as provided in any treaty of the United States. (c) Loadline vessels; surrender of loadline certificate; removal of loadline marks. A vessel which voluntarily obtains loadlines shall be treated as a vessel subject to this subchapter until its loadline certificate is surrendered and its loadline marks removed. (d) Treaties or conventions unaffected. This subchapter does not abrogate any provisions of treaties or conventions in effect, which are not in conflict with the International Convention on Loadlines, 1966, and to which the United States has acceded. (Pub. L. 93-115, § 4, Oct. 1, 1973, 87 Stat. 418.) § 86c. Determination of loadlines. (a) Minimum freeboard; criteria. The Secretary shall prescribe loadlines, the marking thereof, and associated condition surveys for vessels subject to this subchapter to indicate the minimum freeboard to which each may be safely loaded, giving due consideration to, and making differentials for the service, type, and character of each vessel, and in conformance with applicable international treaties or conventions to which the United States has acceded. (b) Marking and maintaining loadlines; issuance of loadline certificate. Loadlines shall be permanently and conspicuously marked and maintained in the manner prescribed by the Secretary. Upon completion of survey requirements and a finding that the loadline is positioned and marked in the manner prescribed, the Secretary shall issue a loadline certificate, to the master or owner of the vessel, which shall be carried on board the vessel. (c) Prescribed loadlines; minimum safe freeboard: greater freeboard than minimum safe freeboard. A loadline shall not be established or marked which, in the judgment of the Secretary, authorizes less than the minimum safe freeboard. At the request of the owner a loadline may be established or marked to indicate a greater freeboard than that which the Secretary determines is the minimum safe freeboard; any such loadline shall be the prescribed loadline for purposes of section 86g of this title. (Pub. L. 93-115, § 5, Oct. 1, 1973, 87 Stat. 418.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 86e, 861 of this title. § 86d. Survey or registry of shipping. (a) Appointments for determination of condition of vessels and positioning and marking of loadlines; issuance of loadline certificate. The Secretary shall appoint the American Bureau of Shipping, or such other United States nonprofit corporations or associations for the survey or registry of shipping which he approves, to determine that a vessel's condition is satisfactory and whether its loadline is positioned and marked in the manner prescribed by the Secretary and thereupon to issue a loadline certificate. (b) Appointees. The Secretary may appoint for the purpose of this section: (1) any officer of the United States, or (2) at the request of the shipowner, any other corporation or association for the survey or registry of shipping which he approves. (c) Revocation of appointments. The Secretary may revoke an appointment under this section at any time. (Pub. L. 93-115, § 6, Oct. 1, 1973, 87 Stat. 419.) § 86e. Exemptions; certificate of exemption. When a vessel subject to this subchapter is shown to be entitled to an exemption from the provisions of this subchapter by an international agreement to which the United States has acceded, a certificate of exemption shall be issued to the vessel, and carried in lieu of the certificate required by section 86c of this title. (Pub. L. 93-115, § 7, Oct. 1, 1973, 87 Stat. 419.) § 86f. Foreign vessels. (a) Compliance with subchapter by compliance with loadlines and markings of foreign country and issuance of foreign certificate; international agreement for control of foreign vessels. When it is found that the law and regulations in force in a foreign country relating to loadlines are equally effective as this subchapter and the regulations hereunder, or when a foreign country has acceded to an international loadline agreement to which the United States has acceded, the markings and certificate thereof of a vessel of the country shall be accepted as complying with the provisions of this subchapter and regulations hereunder. The control of such vessels shall be as provided in the applicable international agreement. (b) Reciprocal loadline recognition. Subsection (a) of this section does not apply to vessels of foreign nations which do not similarly recognize the loadlines prescribed under this sub chapter. (Pub. L. 93-115, § 8, Oct. 1, 1973, 87 Stat. 419.) § 86g. Loading restrictions, submerging loadlines or loadline marks; recordation by masters of position of loadline marks and actual drafts. (a) No vessel subject to this subchapter may be so loaded as to submerge the prescribed loadline, or to submerge the point where an appropriate loadline under the subchapter and the prescribed regulations should be marked. (b) The master of a vessel subject to this subchapter shall, after loading but before departing for a voyage by sea from any port or place in which this subchapter applies, record in the official logbook or other permanent record of the vessel a statement of the relative position of the prescribed loadline mark applicable at the time in question with respect to the water surface, and, of the actual draft of the vessel, forward and aft, at the time, as nearly as they may be ascertained. (Pub. L. 93-115, § 9, Oct. 1, 1973, 87 Stat. 419.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 86c, 861 of this title. § 86h. Detention of vessels. (a) Reasonable belief; notice to master or officer in charge of vessel; detention order. When the Secretary has reason to believe that a vessel is about to leave a port in the United States, or its possessions in violation of this subchapter or the regulations hereunder, the Secretary may, upon notifying the master or officer in charge of the vessel, order the vessel detained. (b) Clearance; refusal or withdrawal. Clearance required by section 91 of this title shall be refused or withdrawn from any vessel so detained until correction of deficiencies. (c) Petition for review; regulations. The master or officer in charge of a vessel may petition the Secretary, in a manner prescribed by regulation, to review the detention order. (d) Administrative determination. Upon receipt of a petition, the Secretary may withdraw the detention order, modify it, or require independent surveys as may be necessary to determine the extent of deficiencies. Upon completion of his review, including results of any required independent surveys he shall affirm, set aside, or modify the detention order. (e) Liability of owner for costs. The owner of a vessel is liable for any costs incident to a petition for review and any independent surveys if the vessel is found to be in violation of this subchapter or the regulations hereunder. (Pub. L. 93-115, § 10, Oct. 1, 1973, 87 Stat. 420.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 861 of this title. § 86i. Penalties for violations. (a) Civil liability for violations of subchapter; separate violations. Except as otherwise provided in this section, the owner and the master of a vessel found in violation of this subchapter or the regulations thereunder, are each liable to a civil penalty of not more than $1,000 for each day the vessel is in violation. (b) Civil liability for section 86g(a) violations. Each person, if the owner, manager, agent, or master of a vessel who knowingly allows, causes, attempts to cause, or fails to take reasonable care to prevent the violation of section 86g(a) of this title or the regulations thereunder, is liable to a civil penalty of not more than $1,000 plus an additional amount of not more than $500 per inch of unlawful submergence. (c) Civil liability for section 86g(b) violations. For any violation of subsection (b) of section 86g of this title or the regulations thereunder, the master of the vessel is liable to a civil penalty of not more than $500. (d) Criminal liability for departures in violation of detention orders. Any person who knowingly causes or permits the departure of a vessel from any port or place within the jurisdiction of the United States or its possessions in violation of a detention order pursuant to section 86h of this title, shall be fined not more than $1,000 or imprisoned not more than one year, or both. (e) Criminal liability for concealment, removal, alteration, defacement, or obliteration of vessel marks, lawful changes; wartime escape from enemy capture. Any person who causes or allows the concealment, removal, alteration, defacement, or obliteration of any mark placed on a vessel pursuant to section 86c of this title and the regulations thereunder, except in the event of a lawful change or to escape enemy capture in time of war, shall be fined not more than $2,000 or imprisoned not more than two years or both. Chapter 10A.-REGULATION OF GREAT LAKES PILOTS AND PILOTAGE CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 49 section 1655. Chapter 11.-OFFICERS AND CREWS OF VESSELS § 239. Investigation of marine casualties. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 391a of this title. Chapter 12.-REGULATION OF VESSELS IN DOMESTIC COMMERCE § 288. Repealed. Pub. L. 85-911, § 12, Sept. 2, 1958, 72 Stat. 1758, eff. Apr. 1, 1960. REPEAL Section 12 of Pub. L. 85-911, Sept. 2, 1958, 72 Stat. 1758, was repealed by Pub. L. 92–75, § 41(a) (2), Aug. 10, 1971, 85 Stat. 228. Chapter 14.-INSPECTION OF STEAM VESSELS § 367. Seagoing vessels propelled by internal-combustion engines; exemptions. Existing laws covering the inspections of steam vessels are made applicable to seagoing vessels of three hundred gross tons and over propelled in whole or in part by internal-combustion engines to such extent and upon such conditions as may be required by the regulations of the Commandant of the Coast Guard: Provided, That this section shall not apply to any vessel engaged in fishing, oystering, clamming, crabbing, or any other branch of the fishery or kelp or sponge industry. As used herein, the phrase "any vessel engaged in the fishing, oystering, clamming, crabbing, or any other branch of the fishery or kelp or sponge industries" includes cannery tender or fishing tender vessels of not more than five hundred gross tons used in the salmon or crab fisheries of the States of Oregon, Washington, and Alaska which are engaged exclusively in (1) the carriage of cargo to or from vessels in the fishery or a facility used or to be used in the processing or assembling of fishery products, or (2) the transportation of cannery or fishing personnel to or from operating locations. The exemption in the preceding sentence for cannery tender or fishery tender vessels shall continue in force for five years from July 11, 1973. Provided further, That as to licenses required for masters and engineers operating vessels propelled by internal-combustion engines operating exclusively in the district covering the Hawaiian Islands, said masters and engineers shall be under the jurisdiction of the Coast Guard officials having jurisdiction over said waters, who shall make diligent inquiry as to the character, merits, and qualifications, and knowledge and skill of any master or engineer applying for a license. If the said Coast Guard officials shall be satisfied from personal examination of the applicant and from other proof submitted that the applicant possesses the requisite character, merits, qualifications, knowledge, and skill, and is trustworthy and faithful, they shall grant him a license for the term of five years to operate such vessel under the limits prescribed in the license. The term "seagoing vessels" as used in this section shall be construed to mean vessels which in the usual course of their employment proceed outside the line dividing the inland waters from the high seas as designated and determined under the provisions of section 151 of Title 33. (As amended July 9, 1973, Pub. L. 93-65, § 6(a), 87 Stat. 151.) AMENDMENTS 1973-Pub. L. 93-65 extended termination date for cannery tender or fishery tender vessel exemption from a date five years from July 11, 1968, to a date five years from July 11, 1973. § 369. Examination and approval by Commandant of the Coast Guard. * (b) Approval condition precedent to certificate of inspection; alterations in plans after approval; acceptance of plans approved by American Bureau of Shipping. No passenger vessel of the United States of one hundred gross tons and over, propelled by machinery, the construction or material alteration of which shall be begun subsequent to May 27, 1936, shall be granted a certificate of inspection by the Coast Guard unless the said general contract plans and specifications therefor shall have been submitted at least in triplicate to and approved by the aforesaid Commandant of the Coast Guard before the construction of such vessel or alteration thereof shall have been commenced; nor shall any such vessel, the said plans or specifications for which have been materially altered subsequent to such approval be granted a certificate, as aforesaid, unless such altered plans and specifications shall have been submitted at least in triplicate to and approved by the said Commandant, prior to such change in construction having been made. No such certificate shall be granted to any such vessel which has not been constructed and equipped in accordance with said plans and specifications approved as aforesaid: Provided, That approved plans and certificates of the American Bureau of Shipping classed vessels may be accepted by the Commandant as evidence of the structural efficiency of the hull and the reliability of the machinery of such vessels, except as far as existing law places definite responsibility on the Coast Guard. The American Bureau of Shipping shall continue to function in connection with the Government, its bureaus, departments, boards, and commissions, as heretofore provided by section 881 of this title, and as provided in sections 85 to 85g of this title, or any similar Act hereinafter enacted. After November 1, 1970, no passenger vessel of the United States of one hundred gross tons or over, having berth or stateroom accommodations for fifty or more passengers, shall be granted a certificate of inspection by the Coast Guard unless the vessel is constructed of fireretardant material, except that this requirement shall not apply until November 1, 1978, with respect to a vessel operating solely on the inland rivers. The structural fire protection provided on these vessels shall conform to the requirements set forth in regulations for a vessel contracted for on or after May 28, 1936. (As amended Aug. 16, 1973, Pub. L. 93–106, § 2, 87 Stat. 350.) |