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46 § 83a. Spaces omitted from gross tonnage1

In the measurement of a vessel under sections 71, 75, and 77 of this title, upon application of the owner and approval by the Secretary, there shall be omitted from inclusion in the gross tonnage

(a) those spaces available for the carriage of dry cargo or stores which are located between the uppermost complete deck and the second deck, and other spaces so located which would be omitted from gross tonnage under the provisions of section 77 of this title if above the upper deck, provided that a tonnage mark is placed and displayed on the vessel in accordance with the provisions of sections 83-83k of this title, so long as that tonnage mark is not submerged;

(b) those spaces which are located on or above the uppermost complete deck and which are available for the carriage of dry cargo or stores, without regard to whether a tonnage mark is placed or displayed on the vessel or, if placed or displayed, without regard to whether that mark is submerged; and

(c) those spaces which are located on the uppermost complete deck and which are used for cabins or staterooms, provided that a tonnage mark is placed and displayed on the vessel, so long as that tonnage mark is not submerged.

46 § 83b. Description, location and dimensions of tonnage mark

The tonnage mark shall be a horizontal line, upon which shall be placed for identification an inverted equilateral triangle, with its apex on the midpoint of the line. The mark shall be placed and displayed on each side of the vessel, subject to such specifications as to location and dimensions as are prescribed in regulations issued under sections 83-83k of this title.

46 § 83c. Placement of tonnage mark above loadline

No tonnage mark shall be required to be placed or displayed above the statutory summer loadline prescribed in accordance with the applicable loadline convention, except that, when a vessel's statutory loadline is assigned on the assumption that the second deck is the freeboard deck, the tonnage mark may be permitted to be placed and displayed on a line level with the uppermost part of the loadline grid.

46 § 83d. Addition of line to tonnage mark

Except when the tonnage mark is placed and displayed on the vessel at the level prescribed in section 83c of this title, an additional line may be added to the tonnage mark, subject to such specifications as to location and dimensions as are prescribed in regulations issued under sections 83-83k of this title.

1 Functions of officers of Customs Service were transferred to the Commandant, USCG.

4683e. When tonnage mark deemed submerged

The tonnage mark shall be deemed to be submerged when the upper edge of the mark is under water, except that if the vessel is marked with the additional line in accordance with section 83d of this title and is in fresh water or in tropical waters the tonnage mark shall not be deemed to be submerged unless the upper edge of the additional line is under water.

46 § 83f. Measurement certificates and marine documents reciting tonnages

In a case in which a vessel measured under sections 83-83k of this title and other applicable statutes has a tonnage mark placed and displayed at a place other than a line level with the uppermost part of the loadline grid, any measurement certificate or marine document reciting tonnages issued to such vessel shall show the gross and net tonnages applicable when the tonnage mark is submerged and the gross and net tonnages applicable when the mark is not submerged. In any other case in which a vessel is measured under sections 83-83k of this title and other applicable statutes, any measurement certificate or marine document reciting tonnages issued to such vessel shall show only one set of gross and net tonnages, taking into account all applicable omissions or exemptions.

46 § 83g. Marking line of uppermost complete deck

In a case in which an application for omission of spaces is filed under section 83a of this title for a vessel for which a statutory loadline is not required and is not assigned, the line of the uppermost complete deck shall be marked in the manner specified for marking the deck line in the international loadline convention in force.

46 § 83h. Regulations

The Secretary shall make such regulations as may be necessary to carry out the provisions of sections 83-83k of this title.1

46 83i. Penalty for false statements

Any person who makes a false, fictitious, or fraudulent statement or representation in any matter in which such statement or representation is required to be made to the Secretary in any regulation issued under sections 83-83k of this title shall be subject to a penalty of not more than $1,000 for each such statement or representation.1

46 § 83j. Penalty for failure to display tonnage mark

If any tonnage mark required to be placed and displayed on a

1 Functions of officers of Customs Service were transferred to the Commandant, USCG.

vessel in any regulation issued under sections 83-83k of this title by the Secretary is not so placed or displayed or if the mark at any time shall cease to be continued on the vessel, such vessel shall be subject to a penalty of $30 on every subsequent arrival in a port of the United States.1

46 § 83k. Remission of penalties

Any penalty incurred under sections 83-83k of this title may be remitted or mitigated by the Secretary under the provisions of Section 7 of this title.1

Sec.

86.

86a.

86b.

86c.

86d.

86e.

86f.

86g.

86h.

861.

Chapter 2A.-LOAD LINES FOR AMERICAN VESSELS

LOAD LINES FOR VESSELS MAKING FOREIGN SEA VOYAGES

Enforcement; regulations; personnel.

Definitions.

Vessels subject to subchapter.

(a) Federal jurisdiction.

(b) Excepted vessels.

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

(d) Treaties or conventions affected.

Determination of loadlines.

(a) Minimum freeboard; criteria.

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

cate.

(c) Prescribed loadlines; minimum safe freeboard; greater freeboard than minimum safe freeboard.

Survey or registry of shipping.

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

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(a) Compliance with subchapter by compliance with loadlines and
markings of foreign country and issuance of foreign certifi-
cate; international agreement for control of foreign vessels.
(b) Reciprocal loadline recognition.

Loading restrictions, submerging loadlines or loadline marks; recorda-
tion by masters of position of loadline marks and actual drafts.
Detention of vessels.

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

(b) Clearance; refusal or withdrawal.
(c) Petition for review; regulations.
(d) Administrative determination.
(e) Liability of owner for costs.

Penalties for violations.

(a) Civil liability for violations of subchapter; separate violations. (b) Civil liability for section 86g(a) violations.

(c) Civil liability for section 86g(b) violations.

Criminal liability for departures in violation of detention orders.

1 Functions of officers of Customs Service were transferred to the Commandant, USCG.

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

(f) Liability of vessel.

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

LOAD LINES FOR VESSELS ENGAGED IN COASTWISE TRADE

Establishment; vessels affected; exemptions.

Determination of load-water lines; application of sections 88 to 88i to
Great Lakes.

Marking lines on vessels; approval of marks; certificate.
Vessels so loaded as not to submerge lines or marks.
Foreign vessels; application of sections 88 to 881.

Recordation by masters of positions of load line and actual drafts.
Detention of vessels loaded in violation of sections 88 to 88i.
Penalties for violations of sections 88 to 88i; seizure of vessels.
Effective date.

Short title.

LOAD LINES FOR VESSELS MAKING FOREIGN SEA VOY

AGES

46 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 Bureau of Customs to enforce this subchapter and the regulations established hereunder.

46 86a. Definitions

As used in this subchapter

(1) "new ship" means a vessel the keel of which is laid (or which is at a similar stage of construction) on or after July 21, 1968; and (2) "existing ship" means a vessel which is not a "new ship".

46 § 86b. Vessels subject to subchapter-Federal Jurisdiction (a) This subchapter applies to vessels which—

(1) arrive at any port or place within the jurisdiction of the United States from foreign ports;

(2) make voyages between foreign ports (except foreign vessels engaged in such voyages); or

(3) depart from any port or place within the jurisdiction of the United States for a foreign port.

Excepted vessels

(b) This subchapter does not apply to

(1) ships of war;

(2) pleasure craft not used in trade or commerce;

(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 sheltered waters between ports of the United States and neighboring countries as provided in any treaty of the United States.

Loadline vessels; surrender of loadline certificate; removal of load line marks

(c) A vessel which voluntarily obtains loadlines shall be treated as a vessel subject to this subchapter until its loadline certificate is surrendered and its loadline marks removed.

Treaties or conventions unaffected

(d) 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.

4686c. Determination of loadlines-Minimum freeboard; criteria

(a) 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.

Marking and maintaining loadlines; issuance of loadline certificate

(b) 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.

Prescribed loadlines; minimum safe freeboard; greater freeboard than

minimum safe freeboard

(c) 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.

46 § 86d. Survey or registry of shipping-Appointments for determination of condition of vessels and positioning and marking of loadlines; issuance of loadline certificate

(a) The Secretary shall appoint the American Bureau of Shipping, or such other United States nonprofit corporations or associ

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