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