
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: 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 
    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 
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 
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.
