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§ 86. Enforcement; regulations; personnel

The Secretary of the department in which the Coast Guard is operating (hereinafter referred to as "Secretary") shall enforce the provisions of this subchapter and prescribe regulations to carry out its provisions. With the consent of the Secretary of the Treasury, the Secretary may utilize officers of the Customs Service to enforce this subchapter and the regulations established hereunder.

(Pub. L. 93-115, § 2, Oct. 1, 1973, 87 Stat. 418.)

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(3) fishing vessels;

(4) existing ships of less than one hundred and fifty gross tons;

(5) new ships of less than seventy-nine feet in length;

(6) vessels which navigate exclusively on the Great Lakes; or

(7) vessels operating on shelter waters between ports of the United States and neighboring countries as provided in any treaty of the United States.

(c) Loadline vessels; surrender of loadline certificate; removal of loadline marks

A vessel which voluntarily obtains loadlines shall be treated as a vessel subject to this sub

chapter until its loadline certificate is surrendered and its loadline marks removed.

(d) Treaties or conventions unaffected

This subchapter does not abrogate any provisions of treaties or conventions in effect, which are not in conflict with the International Convention on Loadlines, 1966, and to which the United States has acceded.

(Pub. L. 93-115, § 4, Oct. 1, 1973, 87 Stat. 418.) PRIOR PROVISIONS

Provisions similar to those comprising this section were contained in section 85 of this title prior to repeal by Pub. L. 93-115.

§ 86c. Determination of loadlines (a) Minimum freeboard; criteria

The Secretary shall prescribe loadlines, the marking thereof, and associated condition surveys for vessels subject to this subchapter to indicate the minimum freeboard to which each may be safely loaded, giving due consideration to, and making differentials for the service, type, and character of each vessel, and in conformance with applicable international treaties or conventions to which the United States has acceded.

(b) Marking and maintaining loadlines; issuance of loadline certificate

Loadlines shall be permanently and conspicuously marked and maintained in the manner prescribed by the Secretary. Upon completion of survey requirements and a finding that the loadline is positioned and marked in the manner prescribed, the Secretary shall issue a loadline certificate, to the master or owner of the vessel, which shall be carried on board the vessel.

(c) Prescribed loadlines; minimum safe freeboard; greater freeboard than minimum safe freeboard A loadline shall not be established or marked which, in the judgment of the Secretary, authorizes less than the minimum safe freeboard. At the request of the owner a loadline may be established or marked to indicate a greater freeboard than that which the Secretary determines is the minimum safe freeboard; any such loadline shall be the prescribed loadline for purposes of section 86g of this title.

(Pub. L. 93-115, § 5, Oct. 1, 1973, 87 Stat. 418.)

PRIOR PROVISIONS

Provisions similar to those comprising this section were contained in sections 85a and 85b of this title prior to repeal by Pub. L. 93-115.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 86e, 861 of this title.

§ 86d. Survey or registry of shipping

(a) Appointments for determination of condition of vessels and positioning and marking of loadlines; issuance of loadline certificate

The Secretary shall appoint the American Bureau of Shipping, or such other United States nonprofit corporations or associations

for the survey or registry of shipping which he approves, to determine that a vessel's condition is satisfactory and whether its loadline is positioned and marked in the manner prescribed by the Secretary and thereupon to issue a loadline certificate.

(b) Appointees

The Secretary may appoint for the purpose of this section:

(1) any officer of the United States, or

(2) at the request of the shipowner, any other corporation or association for the survey or registry of shipping which he approves.

(c) Revocation of appointments

The Secretary may revoke an appointment under this section at any time.

(Pub. L. 93-115, § 6, Oct. 1, 1973, 87 Stat. 419.)

PRIOR PROVISIONS

Provisions similar to those comprising this section were contained in section 85b of this title prior to repeal by Pub. L. 93-115.

§ 86e. Exemptions; certificate of exemption

When a vessel subject to this subchapter is shown to be entitled to an exemption from the provisions of this subchapter by an international agreement to which the United States has acceded, a certificate of exemption shall be issued to the vessel, and carried in lieu of the certificate required by section 86c of this title. (Pub. L. 93-115, § 7, Oct. 1, 1973, 87 Stat. 419.) § 86f. Foreign vessels

(a) Compliance with subchapter by compliance with loadlines and markings of foreign country and issuance of foreign certificate; international agreement for control of foreign vessels When it is found that the law and regulations in force in a foreign country relating to loadlines are equally effective as this subchapter and the regulations hereunder, or when a foreign country has acceded to an international loadline agreement to which the United States has acceded, the markings and certificate thereof of a vessel of the country shall be accepted as complying with the provisions of this subchapter and regulations hereunder. The control of such vessels shall be as provided in the applicable international agreement. (b) Reciprocal loadline recognition

Subsection (a) of this section does not apply to vessels of foreign nations which do not similarly recognize the loadlines prescribed under this subchapter.

(Pub. L. 93-115, § 8, Oct. 1, 1973, 87 Stat. 419.)

PRIOR PROVISIONS

Provisions similar to those comprising this section were contained in section 85d of this title prior to repeal by Pub. L. 93-115.

§ 86g. Loading restrictions, submerging loadlines or loadline marks; recordation by masters of position of loadline marks and actual drafts

(a) No vessel subject to this subchapter may be so loaded as to submerge the prescribed

loadline, or to submerge the point where an appropriate loadline under the subchapter and the prescribed regulations should be marked.

(b) The master of a vessel subject to this subchapter shall, after loading but before departing for a voyage by sea from any port or place in which this subchapter applies, record in the official logbook or other permanent record of the vessel a statement of the relative position of the prescribed loadline mark applicable at the time in question with respect to the water surface, and, of the actual draft of the vessel, forward and aft, at the time, as nearly as they may be ascertained.

(Pub. L. 93-115, § 9, Oct. 1, 1973, 87 Stat. 419.)

PRIOR PROVISIONS

Provisions similar to those comprising this section were contained in sections 85c and 85e of this title prior to repeal by Pub. L. 93-115.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 86c, 86i of this title.

§ 86h. Detention of vessels

(a) Reasonable belief; notice to master or officer in charge of vessel; detention order

When the Secretary has reason to believe that a vessel is about to leave a port in the United States, or its possessions in violation of this subchapter or the regulations hereunder, the Secretary may, upon notifying the master or officer in charge of the vessel, order the vessel detained.

(b) Clearance; refusal or withdrawal

Clearance required by section 91 of this title shall be refused or withdrawn from any vessel so detained until correction of deficiencies. (c) Petition for review; regulations

The master or officer in charge of a vessel may petition the Secretary, in a manner prescribed by regulation, to review the detention order.

(d) Administrative determination

Upon receipt of a petition, the Secretary may withdraw the detention order, modify it, or require independent surveys as may be necessary to determine the extent of deficiencies. Upon completion of his review, including results of any required independent surveys he shall affirm, set aside, or modify the detention order. (e) Liability of owner for costs

The owner of a vessel is liable for any costs incident to a petition for review and any independent surveys if the vessel is found to be in violation of this subchapter or the regulations hereunder.

(Pub. L. 93-115, § 10, Oct. 1, 1973, 87 Stat. 420.)

PRIOR PROVISIONS

Provisions similar to those comprising this section were contained in section 85f of this title prior to repeal by Pub. L. 93-115.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 861 of this title.

§ 861. Penalties for violations

(a) Civil liability for violations of subchapter; separate violations

Except as otherwise provided in this section, the owner and the master of a vessel found in violation of this subchapter or the regulations thereunder, are each liable to a civil penalty of not more than $1,000 for each day the vessel is in violation.

(b) Civil liability for section 86g(a) violations

Each person, if the owner, manager, agent, or master of a vessel who knowingly allows, causes, attempts to cause, or fails to take reasonable care to prevent the violation of section 86g(a) of this title or the regulations thereunder, is liable to a civil penalty of not more than $1,000 plus an additional amount of not more than $500 per inch of unlawful submergence. (c) Civil liability for section 86g(b) violations

For any violation of subsection (b) of section 86g of this title or the regulations thereunder, the master of the vessel is liable to a civil penalty of not more than $500.

(d) Criminal liability for departures in violation of detention orders

Any person who knowingly causes or permits the departure of a vessel from any port or place within the jurisdiction of the United States or its possessions in violation of a detention order pursuant to section 86h of this title, shall be fined not more than $1,000 or imprisoned not more than one year, or both.

(e) Criminal liability for concealment, removal, alteration, defacement, or obliteration of vessel marks, lawful changes; wartime escape from enemy capture

Any person who causes or allows the concealment, removal, alteration, defacement, or obliteration of any mark placed on a vessel pursuant to section 86c of this title and the regulations thereunder, except in the event of a lawful change or to escape enemy capture in time of war, shall be fined not more than $2,000 or imprisoned not more than two years or both. (f) Liability of vessel

For any penalty under this section the vessel is also liable.

(g) Administrative assessment, collection, remission, mitigation, or compromise

The Secretary may assess and collect any civil penalty incurred under this subchapter and, in his discretion, remit, mitigate, or comprise any penalty prior to referral to the Attorney Gener

al.

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over, loading at or proceeding to sea from any port or place within the United States or its possessions for a coastwise voyage by sea. By "coastwise voyage by sea" is meant a voyage on which a vessel in the usual course of her employment preceeds from one port or place in the United States or her possessions to another port or place in the United States or her possessions and passes outside the line dividing inland waters from the high seas, as defined in section 151 of title 33.

(b) The requirements of this subchapter shall not apply to (1) all cannery tender or fishing tender vessels of not more than five hundred gross tons used in the salmon or crab fisheries of the States of Oregon, Washington, and Alaska which were constructed, or with respect to which construction was begun or contracted for, before January 1, 1980, or which were converted to such use, or with respect to which conversion to such use was begun or contracted for, before January 1, 1980, so long as such conversion was completed before January 1, 1983 (in the case of conversions); or (2) all vessels of not more than five thousand gross tons used in the processing or assembling of fishery products in the fisheries of the States of Oregon, Washington, and Alaska, except those constructed after August 15, 1974, or those converted to any of such services after January 1, 1983. (Aug. 27, 1935, ch. 747, § 1, 49 Stat. 888; July 11, 1968, Pub. L. 90-397, § 2, 82 Stat. 341; Oct. 1, 1974, Pub. L. 93-430, § 6(1), 88 Stat. 1182; July 1, 1977, Pub. L. 95-61, § 7(c), 91 Stat. 260; June 30, 1978, Pub. L. 95-308, § 6, 92 Stat. 358.)

AMENDMENTS

1978-Subsec. (b). Pub. L. 95-308 substituted "The requirements of this subchapter shall not apply to (1) all" for "All", and "which were constructed, or with respect to which construction was begun or contracted for, before January 1, 1980, or which were converted to such use, or with respect to which conversion to such use was begun or contracted for, before January 1, 1980, so long as such conversion was completed before January 1, 1983 (in the case of conversions); or (2)" for "except those constructed after July 11, 1968, or those converted to either of such services after five years from July 11, 1968, and", and struck out ", are exempt from the requirements of this subchapter" following "after January 1, 1983".

1977-Subsec. (b). Pub. L. 95-61 substituted "January 1, 1983" for "July 11, 1978".

1974-Subsec. (b). Pub. L. 93-430 added vessels of not more than five thousand gross tons used in the processing or assembling of fishery products in the fisheries of the States of Oregon, Washington, and Alaska, except those constructed after Aug. 15, 1974, or those converted to any of such services after July 11, 1978, to the exception clause.

1968-Subsec. (a). Pub. L. 90-397 designated existing provisions as subsec. (a).

Subsec. (b). Pub. L. 90-397 added subsec. (b).

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 88b, 88g, 420 of this title.

§ 88a. Determination of load water lines; application of this subchapter to Great Lakes

The Secretary of the department in which the Coast Guard is operating is authorized and

directed in respect of the vessels defined above to establish by regulations from time to time the load water lines and marks thereof indicating the maximum depth to which such vessels may safely be loaded. Such regulations shall have the force of law. In establishing such load lines due consideration shall be given to, and differentials made for, the various types and character of vessels and the trades in which they are engaged. In establishing load water lines on passenger vessels due consideration shall be given to, and differentials shall be made for, the age and condition of the vessel, its subdivision and efficacy thereof, and the probable stability of the vessel if damaged: Provided, That the load-line provisions of this subchapter shall apply to the Great Lakes: Provided further, That no load line shall be established or marked on any vessel, which load line in the judgment of the Secretary is above the actual line of safety.

(Aug. 27, 1935, ch. 747, § 2, 49 Stat. 888; June 20, 1936, ch. 626, 49 Stat. 1543; July 3, 1941, ch. 276, 55 Stat. 578; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; Aug. 31, 1962, Pub. L. 87-620, § 2(1), 76 Stat. 416.)

REFERENCES IN TEXT

The vessels defined above, referred to in text, means the vessels defined in section 88 of this title.

CODIFICATION

A proviso which was added to this section by act July 3, 1941, allowed load lines different from those established by the International Treaty on Load Lines of 1930 to be established for vessels engaged on a coastwise voyage by sea from port to port in continental United States during the national emergency proclaimed on May 27, 1941, but not after June 30, 1943, was omitted as having expired by its own terms.

AMENDMENTS

1962-Pub. L. 87-620 substituted provisions directing the Secretary of the department in which the Coast Guard is operating to establish load water lines, for provisions directing the Commandant of the Coast Guard to establish load water lines, and provisions that no load-line shall be established which the Secretary judges to be above the actual line of safety, for provisions vesting the Commandant of the Coast Guard with discretion to vary the load-lines from those established by the International Treaty on Load Lines of 1930, with respect to vessels on the Great Lakes, and to steam colliers, tugs, barges, and self-propelled barges in special service on inter-island voyages and on coastwise voyages from port to port in the continental United States, when he believes such changes will not be above the actual line of safety, and eliminated provisions forbidding load-lines giving a lesser freeboard and less buoyance than those established by the International Treaty on Load Lines of 1930.

1936-Act June 20, 1936, required consideration to be given and differentials to be made for the age and condition of passenger vessel, its subdivision and efficacy, and its stability if damaged, in establishing such vessel's loadwater line and to insert in the second proviso the words "and to steam colliers, tugs, barges, and selfpropelled barges engaged in special services on interisland voyages and on coastwise voyages from port to port in the continental United States".

TRANSFER OF FUNCTIONS

The Coast Guard was transferred to the Department of Transportation, and all functions, powers, and

duties relating to the Coast Guard of the Secretary of the Treasury and of other officers and offices of the Department of the Treasury were transferred to the Secretary of Transportation by Pub. L. 89-670, § 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2) of Pub. L. 89-670, however, provided that notwithstanding such transfer of functions, the Coast Guard shall operate as part of the Navy in time of war or when the President directs as provided in section 3 of Title 14, Coast Guard. See section 108 of Title 49, Transportation.

For transfer of functions of other officers, employees, and agencies of the Department of the Treasury, with certain exceptions, to the Secretary of the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees. Functions of the Coast Guard, and the Commandant of the Coast Guard, were excepted from transfer when the Coast Guard is operating as part of the Navy under sections 1 and 3 of Title 14.

"Commandant of the Coast Guard" was substituted for "Secretary of Commerce" on authority of Reorg. Plan No. 3 of 1946, §§ 101-104, set out as a note under section 1 of this title.

§ 88b. Marking lines on vessels; approval of marks; certificate

It shall be the duty of the owner and of the master of every vessel subject to this subchapter and to the regulations established thereunder to cause the load line or lines so established to be permanently and conspicuously marked upon the vessel in such manner as the Commandant of the Coast Guard shall direct, and to keep the same so marked. The Commandant of the Coast Guard shall appoint the American Bureau of Shipping, or such other American corporation or association for the survey or registry of shipping as may be selected by him, to determine whether the position and manner of marking on such vessels the load line or lines so established are in accordance with the provisions of this subchapter and of the regulations established thereunder: Provided, however, That, at the request of the shipowner, the Commandant of the Coast Guard may appoint, for the purpose aforesaid, any other corporation or association for the survey or registry of shipping which the Commandant of the Coast Guard may approve; or the Commandant of the Coast Guard may appoint for said purpose any officer of the Government, who shall perform such services as may be directed by the Commandant of the Coast Guard. The Commandant of the Coast Guard may, in his discretion, revoke any appointment made pursuant to this section. Such corporation, association or officer shall, upon approving the position and manner of marking of such load line or lines, issue a certificate, in a form to be prescribed by the Commandant of the Coast Guard, that the same are in accordance with the provisions of this subchapter and of the regulations established thereunder, and shall deliver a copy thereof to the master of the vessel. It shall be unlawful for any vessel subject to this subchapter and to said regulations to depart from any port or place designated in section 88 of this title without bearing such mark or marks, approved and certified by such

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