
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: 46USC5108]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
                      Part C--Load Lines of Vessels
 
                         CHAPTER 51--LOAD LINES
 
Sec. 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, Sec. 5101(2), Oct. 21, 1986, 100 Stat. 1916.)


                      Historical and Revision Notes

Revised section 5108
    Source: Section (U.S. Code) 46 App. U.S.C. 86e, 88a.
    Section 5108(a) authorizes the Secretary to exempt a vessel from 
load line requirements if the vessel is entitled to an exemption under 
an international agreement to which the United States is a party. It 
also provides the Secretary with the new authority to exempt a vessel 
from load line requirements if the Secretary finds that there is good 
reason for granting the exemption. A specific exemption from load line 
requirements was authorized in Public Law 98-557 for barges operating 
close to shore between Calumet Harbor, Illinois and Burns Harbor, 
Indiana, because the geographic area and type of operation in this case 
did not warrant a requirement for load lines. Additional exemptions 
currently must be made by an Act of Congress. Section 5108(a) authorizes 
the Secretary to make such exemptions through regulation, and the 
Committee expects the Secretary to continue the exemption under this 
provision for vessels operating close to shore between Calumet Harbor, 
Illinois and Burns Harbor, Indiana.
    Section 5108(b) authorizes the Secretary to issue a certificate of 
exemption when an exemption is granted.
    Section 5108(c) requires that the certificate of exemption be 
maintained as required by the Secretary in a similar manner as under 
section 5106(b).
