
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[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
    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.
