
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: 46USC5113]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
                      Part C--Load Lines of Vessels
 
                         CHAPTER 51--LOAD LINES
 
Sec. 5113. Detention of vessels

    (a) When the Secretary believes that a vessel is about to leave a 
place in the United States in violation of this chapter or a regulation 
prescribed under this chapter, the Secretary may detain the vessel by 
giving notice to the owner, charterer, managing operator, agent, master, 
or individual in charge of the vessel.
    (b) A detained vessel may be cleared under section 4197 of the 
Revised Statutes (46 App. U.S.C. 91) only after the violation has been 
corrected. If the vessel was cleared before being detained, the 
clearance shall be withdrawn.
    (c) Under regulations prescribed by the Secretary, the owner, 
charterer, managing operator, agent, master, or individual in charge of 
a detained vessel may petition the Secretary to review the detention 
order.
    (d) After reviewing a petition, the Secretary may affirm, withdraw, 
or change the detention order. Before acting on the petition, the 
Secretary may require any independent survey that may be necessary to 
determine the condition of the vessel.
    (e) The owner of a vessel is liable for the cost incident to a 
petition for review and any required survey if the vessel is found to be 
in violation of this chapter or a regulation prescribed under this 
chapter.

(Pub. L. 99-509, title V, Sec. 5101(2), Oct. 21, 1986, 100 Stat. 1918.)


                      Historical and Revision Notes

Revised section 5113
    Source: Section (U.S. Code) 46 App. U.S.C. 86h, 88f.
    Section 5113 authorizes the Secretary to detain a vessel if the 
Secretary believes that the vessel is in violation of the load line 
requirements, and describes the process through which a vessel may be 
cleared. It also states that a vessel owner is liable for certain costs 
resulting from a petition for review and load line survey that is made 
pursuant to a violation of load line requirements.

                  Section Referred to in Other Sections

    This section is referred to in section 5116 of this title.
