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National
United States Regulations
46 CFR PART 42—DOMESTIC AND FOREIGN VOYAGES BY SEA


Title 46: Shipping



PART 42—DOMESTIC AND FOREIGN VOYAGES BY SEA


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Authority: 46 U.S.C. 5101–5116; Department of Homeland Security Delegation No. 0170.1; section 42.01–5 also issued under the authority of 44 U.S.C. 3507.

Subpart 42.01—Authority and Purpose
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§ 42.01-1 Authority for regulations.
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The statutory authority to prescribe rules and regulations requiring certain vessels to have and display load line marks indicating the maximum amidship draft to which such vessels may be safely loaded and certification thereof by the assigning authority is in 46 U.S.C. 5101–5116.

[CGD 80–120, 47 FR 5721, Feb. 8, 1982, as amended by CGD 97–057, 62 FR 51043, Sept. 30, 1997]

§ 42.01-5 OMB control numbers assigned pursuant to the Paperwork Reduction Act.
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(a) Purpose. This section collects and displays the control numbers assigned to information collection and recordkeeping requirements in this subchapter by the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). The Coast Guard intends that this section comply with the requirements of 44 U.S.C. 3507(f) which requires that agencies display a current control number assigned by the Director of the OMB for each approved agency information collection requirement.

(b) Display.



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Current
OMB
46 CFR part or section where identified or described control
No.
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Part 42..................................................... 1625-0013
Part 44..................................................... 1625-0013
Part 45..................................................... 1625-0013
Part 46..................................................... 1625-0013
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[49 FR 38120, Sept. 27, 1984, as amended by USCG–2004–18884, 69 FR 58345, Sept. 30, 2004]

§ 42.01-10 Purpose of regulations.
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(a) The load line marks when placed on a vessel shall indicate the maximum amidships draft to which such vessel can be lawfully submerged, in the various circumstances and seasons applicable to such vessel.

(b) This subchapter sets forth the uniform minimum requirements for load line marks on various categories of vessels. It also sets forth requirements for surveys relating to the assignment of load lines, the issuing of load line certificates by authorized issuing authorities, and the carriage of load line certificates aboard vessels.

(c) The rules and regulations in this subchapter also provide for the enforcement of load line requirements and control over vessels when it is believed such vessels may be in violation of applicable load line requirements.

[CGFR 68–60, 33 FR 10049, July 12, 1968, as amended by CGD 80–120, 47 FR 5721, Feb. 8, 1982]

Subpart 42.03—Application
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§ 42.03-5 U.S.-flag vessels subject to the requirements of this subchapter.
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(a) Vessels engaged in foreign voyages or international voyages other than solely Great Lakes voyages. (1) All U.S. flag vessels which engage in foreign voyages or international voyages by sea (other than solely in Great Lakes voyages) are subject to this part; except the following:

(i) Ships of war;

(ii) New vessels of less than 79 feet in length;

(iii) Existing vessels of less than 150 gross tons;

(iv) Pleasure yachts not engaged in trade; and

(v) Fishing vessels.

(2) As provided in Article 4(4) of the 1966 Convention, in order for existing vessels to take advantage of any reduction in freeboards from those previously assigned, the regulations in Subparts 42.13 to 42.25, inclusive, of this part shall be fully complied with. Except for due cause, such vessels shall not be required to increase their freeboards under the provisions of the 1966 Convention.

(3) All U.S.-flag vessels authorized to engage in foreign or international voyages may also engage in domestic voyages by sea and, as permitted by §45.9 of this part and Part 47 of this subchapter, in Great Lakes voyages without additional load line marks and/or certificates. Where additional load line marks and certificates are provided to specifically cover “Special Service, Coastwise” or “Great Lakes” operation, such vessels are subject to the applicable provisions of Parts 44 and 45 of this subchapter.

(b) Vessels engaged in domestic voyages by sea. (1) All U.S.-flag vessels which engage in domestic voyages by sea (coastwise and intercoastal voyages) shall be subject to the applicable provisions of this part except the following:

(i) Merchant vessels of less than 150 gross tons.

(ii) Vessels which are mechanically propelled and numbered by a State or the Coast Guard under the Federal Boat Safety Act of 1971 (46 U.S.C. 1451 et seq.) and not required by other laws to be inspected or certified by the U.S. Coast Guard. (This exception includes all mechanically propelled vessels of less than 150 gross tons, and uninspected motor propelled oceanographic vessels of less than 300 gross tons while operating pursuant to 46 U.S.C. 2113.

(iii) Pleasure craft not used or engaged in trade or commerce.

(iv) Barges of less than 150 gross tons.

(v) Vessels engaged exclusively in voyages on waters within the United States or its possessions and which are determined not to be “coastwise” or “Great Lakes” voyages.

(vi) Ships of war.

(vii) U.S. public vessels other than those vessels of 150 gross tons or over and engaged in commercial activities.

(2) In order for existing vessels to take advantage of any reduction in freeboards from those previously assigned, paragraph (a)(2) of this section applies.

(c) Vessels engaged solely on Great Lakes voyages. A U.S. flag vessel 79 feet and more and 150 gross tons or over that engages solely on Great Lakes voyages is subject to the applicable provisions of this part and Part 45 of this subchapter and must comply with the regulations in force on the date the keel is laid or a similar progress in construction is made.

(d) Special service coastwise voyage. A U.S. flag vessel 150 gross tons or over that engages in a “special service coastwise voyage” is subject to the applicable provisions of this part and Part 44 of this subchapter.

(e) Hopper dredges engaged in limited service domestic voyages. Self-propelled hopper dredges over 79 feet (24 meters) in length with working freeboards, on limited service domestic voyages within 20 nautical miles (37 kilometers) from the mouth of a harbor of safe refuge, are subject to the provisions of this subchapter that apply to a Type “B” vessel and to the provisions of Subpart E of Part 44 of this chapter.

[CGFR 68–60, 33 FR 10049, July 12, 1968, as amended by CGFR 68–126, 34 FR 9011, June 5, 1969; CGD 73–49R, 38 FR 12289, May 10, 1973; CGD 80–120, 47 FR 5721, Feb. 8, 1982; CGD 86–016, 51 FR 9962, Mar. 24, 1986; CDG 76–080, 54 FR 36976, Sept. 6, 1989; CGD 97–057, 62 FR 51043, Sept. 30, 1997]

§ 42.03-10 Foreign vessels subject to this subchapter.
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(a) General. All existing foreign merchant vessels of 150 gross tons or over, and new foreign vessels of 79 feet in length or more, loading at or proceeding from any port or place within the jurisdiction of the United States or its possessions for a foreign voyage by sea, or arriving within the jurisdiction of the United States or its possessions from a foreign voyage by sea, in both cases the Great Lakes excepted, are subject to 46 U.S.C. 5101–5116, and the regulations in this part applicable to such service. All foreign merchant vessels of 150 gross tons or over, loading at or proceeding from any port or place within the United States on the Great Lakes of North America, or arriving within the jurisdiction of the United States on the Great Lakes, are subject to 46 U.S.C. 5101–5116 and the regulations in part 45 of this subchapter applicable to such service.

(b) Canadian vessels. All vessels of Canadian registry and holding valid certificates issued pursuant to Canadian laws and regulations are assumed to be in compliance with the applicable provisions of 46 U.S.C. 5101–5116, the International Convention on Load Lines, 1966, and the regulations in this subchapter.

(c) Vessels of countries signatory to or adhering to the 1966 Convention. The enforcement and control of load line requirements regarding vessels of countries signatory to or adhering to The International Convention on Load Lines, 1966, (the 1966 Convention) are as described in §42.07–60 in this part, which is in accord with provisions of Article 21 of the 1966 Convention. Such vessels when holding currently valid certificates issued pursuant to the 1966 Convention, or recognized under such Convention, are assumed to be in compliance with the applicable provisions of such Convention. Such vessels are deemed to be in compliance with the load line requirements found to be equally effective as those established in this part and therefore in compliance with the applicable load line provisions of 46 U.S.C. 5101–5116, as amended, and the regulations in this part as authorized by such laws. Vessels engaged in navigation on the Great Lakes are subject to application of seasonal international marks as specified in Part 45 of this subchapter.

(d) Vessels of countries not signatory to or adhering to the 1966 Convention. (1) Vessels of countries not signatory to or adhering to the 1966 Convention, when within the jurisdiction of the United States, shall be subject to 46 U.S.C. 5101–5116, and the regulations in this subchapter as authorized by such laws.

(2) Vessels of countries signatory to or adhering only to International Load Line Convention, London, 1930 (the 1930 Convention), and holding valid certificates issued under that Convention, are subject to the applicable law described in paragraph (a) of this section and the regulations prescribed thereunder in this subchapter.

[CGD 80–120, 47 FR 5722, Feb. 8, 1982, as amended by CGD 97–057, 62 FR 51043, Sept. 30, 1997; USCG–1998–4442, 63 FR 52190, Sept. 30, 1998]

§ 42.03-15 The Great Lakes of North America.
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(a) The term “Great Lakes of North America” means those waters of North America which are defined in §42.05–40, and in the exception in Article 5(2)(a) of the 1966 Convention.

(b) The expressions in the regulations in this part, such as “voyages by sea,” “proceed to sea,” “arrive from the high seas,” etc., shall be construed as having no application to voyages on the Great Lakes or portions thereof unless specifically provided otherwise in Part 45 of this subchapter.

[CGFR 68–60, 33 FR 10050, July 12, 1968]

§ 42.03-17 Special load line marks for vessels carrying timber deck cargo.
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(a) Certain vessels having load line marks not related to carriage of timber deck cargo may be assigned timber load lines if they are in compliance with the applicable requirements governing timber deck cargoes in this subchapter. The timber load lines apply and may be used only when the vessel is carrying timber deck cargo.

(b) A new or existing vessel having timber load lines assigned to it, when carrying timber deck cargo, may be loaded to the vessel's timber load line applicable to the voyage and season.

[CGFR 68–60, 33 FR 10050, July 12, 1968, as amended by CGD 80–120, 47 FR 5722, Feb. 8, 1982]

§ 42.03-20 Equivalents.
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(a) Where in this subchapter it is provided that a particular fitting, material, appliance, apparatus, or equipment, or type thereof, shall be fitted or carried in a vessel, or that a particular provision shall be made or arrangement shall be adopted, the assigning authority, with the prior approval of the Commandant, may accept in substitution therefor any other fitting, material, apparatus, or equipment or type thereof, or any other provision or arrangement: Provided, That it can be demonstrated by trial thereof or otherwise that the substitution is at least as effective as that required by the regulations in this subchapter.

(b) In any case where it is shown to the satisfaction of the assigning authority and the Commandant that the use of any particular equipment, apparatus, or arrangement not specifically required by law is unreasonable or impracticable, appropriate alternatives may be permitted under such conditions as are consistent with the minimum standards set forth in this subchapter.

[CGFR 68–60, 33 FR 10050, July 12, 1968]

§ 42.03-25 Experimental installations.
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(a) Complete information (including plans, necessary instructions and limitations, if any) on proposed experimental installations affecting any fitting, material, appliance, apparatus, arrangement, or otherwise shall be submitted to the assigning authority for evaluation. After acceptance by the assigning authority, the complete information of such installation shall be forwarded to the Commandant for specific approval prior to installation. Complete information shall also be furnished for any associated installation(s) deemed necessary to prevent endangering the vessel during the trial period of proposed experimental installations.

(b) The use of approved experimental installations shall be permitted only when in accordance with instructions and limitations as specifically prescribed for such installations by the Commandant.

[CGFR 68–60, 33 FR 10050, July 12, 1968]

§ 42.03-30 Exemptions for vessels.
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(a) For an individual vessel or category of vessels, upon the specific recommendation of the assigning authority, the Commandant may authorize an exemption from one or more load line requirements. Such recommendation and authorization will depend upon provision of any additional features as deemed necessary by the authorities to ensure the vessel's safety in the services and under the conditions specified in paragraph (b) of this section.

(b) Exemptions from specific load line requirements for vessels meeting requirements of paragraph (a) of this section are authorized, subject to certain conditions, including type of voyage engaged in, as follows:

(1) For vessels engaged on international voyages between the United States and near neighboring ports of its possessions or of foreign countries. The exemptions may be permitted because the requirements are deemed to be unreasonable or impracticable due to the sheltered nature of the waters on which the voyages occur or other conditions. These exemptions shall be valid only so long as such a vessel shall remain engaged on specific designated voyages. If the voyage involves a foreign country or countries, the United States will require an exemption agreement with such country or countries prior to the issuance of the appropriate load line certificate.

(2) For vessels engaged on international voyages which embody features of a novel kind, and where nonexemption may seriously impede research, development, and incorporation of novel features into vessels. If the voyage or voyages intended involve a foreign country or countries, then the United States will require an exemption agreement with such country or countries prior to the issuance of a Load Line Exemption Certificate. If the Commandant grants an exemption pursuant to this paragraph (b)(2) to a U.S. flag vessel that operates on the Great Lakes of North America, he may notify the Chairman of the Board of Steamship Inspection of Canada of the nature of the exemption, but no special exemption certificate is issued.

(3) For a vessel not normally engaged on international voyages but which is required to undertake a single international voyage under exceptional circumstances.

(4) For self-propelled hopper dredges engaged on international voyages or on limited service domestic voyages by sea. These vessels may be exempt from applicable hatch cover requirements of §42.15–25 of this part by showing they meet the requirements in §174.310 of this chapter. When a Load Line Exemption Certificate is issued for this exemption, it must have an endorsement that only seawater is allowed in the vessel's hoppers.

(c) A vessel given one or more exemptions from load line requirements under the provisions of paragraph (b)(1) of this section will be issued the appropriate load line certificate, using Form A1, A2, or A3. In each case the exemptions shall be specified on the load line certificate together with the Convention authority which authorizes such exemptions.

(d) A vessel given one or more exemptions under the provisions of paragraph (b)(2) or (b)(3) of this section will be issued a Load Line Exemption Certificate, using Form E1. This certificate shall be in lieu of a regular load line certificate, and the vessel shall be considered as in compliance with applicable load line requirements.

(e) The Commandant may exempt from any of the requirements of this part a vessel that engages on a domestic voyage by sea or a voyage solely on the Great Lakes and embodies features of a novel kind, if the novel features and any additional safety measures required are described on the face of the issued certificate.

(f) A vessel that is not usually engaged on domestic voyages by sea or on voyages on the Great Lakes but that, in exceptional circumstances, is required to undertake a single such voyage between two specific ports is—

(1) Subject to 46 U.S.C. 5101–5116 and the applicable regulations of this subchapter; and

(2) Issued a single voyage load line authorization by the Commandant that states the conditions under which the voyage may be made and any additional safety measures required for a single voyage.

[CGFR 68–126, 34 FR 9011, June 5, 1969, as amended by CGD 73–49R, 38 FR 12289, May 10, 1973; CGD 76–080, 54 FR 36976, Sept. 6, 1989; USCG–1998–4442, 63 FR 52190, Sept. 30, 1998]

§ 42.03-35 U.S.-flag vessels and Canadian vessels navigating on sheltered waters of Puget Sound and contiguous west coast waters of United States and Canada.
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(a) In a Treaty between the United States and Canada proclaimed on August 11, 1934, the respective Governments were satisfied of the sheltered nature of certain waters of the west coast of North America. It was agreed to exempt vessels of the United States and Canadian vessels from load line requirements when such vessels engage on international voyages originating on, wholly confined to, and terminating on such waters. In Article I of this Treaty these waters are described as follows: “* * * the waters of Puget Sound, the waters lying between Vancouver Island and the mainland, and east of a line from a point 1 nautical mile west of the city limits of Port Angeles in the State of Washington to Race Rocks on Vancouver Island, and of a line from Hope Island, British Columbia, to Cape Calvert, Calvert Island, British Columbia, the waters east of a line from Cape Calvert to Duke Point on Duke Island, and the waters north of Duke Island and east of Prince of Wales Island, Baranof Island, and Chicagof Island, the waters of Peril, Neva, and Olga Straits to Sitka, and the waters east of a line from Port Althorp of Chicagof Island to Cape Spencer, Alaska, are sheltered waters * * *.”

(b) U.S.-flag vessels and Canadian vessels navigating on the treaty waters on a voyage as described in paragraph (a) of this section are by virtue of this Treaty of August 11, 1934, not subject to load line requirements in 46 U.S.C. 5101–5116, the 1966 Convention, and the regulations in this subchapter. Vessels navigating these sheltered waters and passing outside their boundary on any voyage cannot claim the benefits of this Treaty and shall be in compliance with the applicable load line requirements in 46 U.S.C. 5101–5116, the 1966 Convention, and the regulations in this subchapter.

(c) Since subdivision requirements apply to all passenger vessels subject to the 1960 International Convention on Safety of Life at Sea, those passenger vessels navigating on the waters described in paragraph (a) of this section shall be in compliance with such 1960 Convention requirements and the regulations in part 46 of this subchapter. The Coast Guard issues to such a vessel a stability letter. The assigning authority is authorized to issue to such a passenger vessel an appropriate load line certificate, modified to meet the conditions governing her service assignment, and marking.

[CGFR 68–60, 33 FR 10051, July 12, 1968, as amended by CGFR 68–126, 34 FR 9011, June 5, 1969; USCG–1998–4442, 63 FR 52190, Sept. 30, 1998]

Subpart 42.05—Definition of Terms Used in This Subchapter
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§ 42.05-1 Approved.
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This term means approved by the Commandant, U.S. Coast Guard, unless otherwise stated.

[CGFR 68–60, 33 FR 10051, July 12, 1968]

§ 42.05-10 Assigning authority.
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This term means the “American Bureau of Shipping” or such other recognized classification society which the Commandant may approve as the load line assigning and issuing authority for a vessel, as provided in sections 3 of the load line acts.

[CGFR 68–60, 33 FR 10051, July 12, 1968]

§ 42.05-20 Commandant.
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This term means the Commandant, U.S. Coast Guard, Washington, DC 20593–0001.

[CGFR 68–60, 33 FR 10051, July 12, 1968, as amended by CGD 88–070, 53 FR 34534, Sept. 7, 1988]

§ 42.05-25 Coast Guard District Commander or District Commander.
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These terms mean an officer of the Coast Guard designated as such by the Commandant to command all Coast Guard activities within his district. This includes enforcement of load line requirements as described in this subchapter.

[CGFR 68–60, 33 FR 10051, July 12, 1968]

§ 42.05-30 Existing vessel.
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(a) As used in this part 42, for a vessel engaged on international voyages or on domestic voyages by sea, the term existing vessel means a vessel which is not a new vessel. With few exceptions an existing vessel is a vessel the keel of which was laid, or which was at a similar stage of construction, prior to July 21, 1968. (See §42.05–50 for the definition of a new vessel.)

(b)–(c) [Reserved]

(d) As used in part 44 of this subchapter, for a vessel marked with load lines for special service on a coastwise or interisland voyage, the term existing vessel means one whose keel was laid prior to September 28, 1937. (See §44.01–20 of this subchapter.)

(e) As used in part 45 of this subchapter, existing vessel in all regulations pertaining to a vessel engaged solely on Great Lakes voyages before April 14, 1973, means a vessel whose keel was laid before August 27, 1936. The regulations pertaining to these vessels that are in effect after April 14, 1973, do not use the term existing vessel.

(f) As used in part 46 of this subchapter, for a passenger vessel marked with subdivision load lines, the term existing vessel means a vessel whose keel was laid or was converted to such service prior to May 26, 1965. (See §46.05–30 of this subchapter.)

[CGFR 68–60, 33 FR 10051, July 12, 1968, as amended by CGD 73–49R, 38 FR 12290, May 10, 1973; CGD 80–120, 47 FR 5722, Feb. 8, 1982]

§ 42.05-40 Great Lakes.
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(a) This term means the Great Lakes of North America.

(b) As used in this part, the term solely navigating the Great Lakes includes any special service coastwise navigation performed by the vessel.

(c) In concurrence with related Canadian regulations, the waters of the St. Lawrence River west of a rhumb line drawn from Cap de Rosiers to West Point, Anticosti Island, and west of a line along 63° W. longitude from Anticosti Island to the north shore of the St. Lawrence River shall be considered as a part of the Great Lakes. In addition, the Victoria Bridge, Montreal, Canada, is the dividing line between fresh water and salt water in the St. Lawrence River.

[CGFR 68–60, 33 FR 10051, July 12, 1968, as amended by CGD 73–49R, 38 FR 12290, May 10, 1973]

§ 42.05-45 International voyage.
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(a) The term international voyage as used in this part shall have the same meaning as the term international voyage in Article 2(4) of the 1966 Convention. Except for vessels operating solely on the waters indicated in Article 5(2) of the 1966 Convention, an international voyage means a sea voyage from any country to a port outside such country, or conversely. For this purpose, every territory for the international relations of which any specific Contracting Government is responsible or for which the United Nations are the administering authority is regarded as a separate country.

(b) The 1966 Convention does not apply to vessels solely navigating the Great Lakes. Accordingly, such vessels shall not be considered as being on an international voyage for the purpose of this subchapter.

(c) For the purpose of administration of load line requirements in this subchapter, the Commonwealth of Puerto Rico, the Territory of Guam, the Virgin Islands, and all possessions and lands held by the United States under a protectorate or mandate shall each be considered to be a territory of the United States.

[CGFR 68–60, 33 FR 10051, July 12, 1968]

§ 42.05-47 Marine inspector or inspector.
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These terms mean any person from the civilian or military branch of the Coast Guard assigned under the superintendence and direction of an Officer in Charge, Marine Inspection, or any other person as may be designated for the performance of duties with respect to the inspection, enforcement, and administration of title 52, Revised Statutes, and acts amendatory thereof or supplemental thereto, and rules and regulations thereunder.

[CGFR 68–60, 33 FR 10051, July 12, 1968]

§ 42.05-50 New vessel.
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(a) As used in this part 42, for a vessel engaged on international voyages or on domestic voyages by sea, the term new vessel means a vessel, the keel of which is laid, or which is at a similar stage of construction, on or after July 21, 1968. (See §42.05–30 for definition of an existing vessel.)

(1) This definition applies to all vessels of countries signatory to or acceding to the 1966 Convention prior to April 21, 1968, and to vessels of countries not adhering to an applicable Convention as indicated in Article 16(4) of the 1966 Convention.

(2) For countries which accede to the 1966 Convention after April 21, 1968, a new vessel (foreign) shall be one whose keel is constructively laid 3 months or more after such date.

(b)–(c) [Reserved]

(d) As used in part 44 of this subchapter, for a vessel marked with load lines for special service on a coastwise or interisland voyage, the term new vessel means one whose keel is laid on or after September 28, 1937. (See §44.01–20 of this subchapter.)

(e) As used in part 45 of this subchapter, for a vessel engaged solely on Great Lakes voyages, the term new vessel means one whose keel is laid on or after August 27, 1936. (See §45.01–10 of this subchapter.)

(f) As used in part 46 of this subchapter, for a passenger vessel marked with subdivision load lines, the term new vessel means a vessel whose keel is laid or is converted to such service on or after May 26, 1965. (See §46.05–25 of this subchapter.)

[CGFR 68–60, 33 FR 10051, July 12, 1968 as amended by CGD 80–120, 47 FR 5722, Feb. 8, 1982]

§ 42.05-55 Officer in Charge, Marine Inspection.
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This term means any person from the civilian or military branch of the Coast Guard designated as such by the Commandant and who, under the superintendence and direction of the Coast Guard District Commander, is in charge of a marine inspection zone, and may supervise or perform the duties of a marine inspector.

[CGFR 68–60, 33 FR 10052, July 12, 1968]

§ 42.05-60 Recognized classification society.
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The term recognized classification society means the American Bureau of Shipping or other classification society recognized by the Commandant, as provided in 46 U.S.C. 5107, and who also may be approved as a load line assigning and issuing authority.

[CGFR 68–60, 33 FR 10052, July 12, 1968, as amended by USCG–1998–4442, 63 FR 52190, Sept. 30, 1998]

§ 42.05-63 Ship(s) and vessel(s).
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The terms ship(s) and vessel(s) are interchangeable or synonymous words, and include every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.

[CGFR 68–126, 34 FR 9011, June 5, 1969]

§ 42.05-65 Surveyor.
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The term surveyor means any person designated by the American Bureau of Shipping or other classification society recognized by the Commandant as the person who actually examines the vessel and/or materials associated with such examination, and who ascertains such vessel complies with applicable load line requirements.

[CGFR 68–60, 33 FR 10052, July 12, 1968]

Subpart 42.07—Control, Enforcement, and Rights of Appeal
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§ 42.07-1 Load lines required.
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(a) The vessels listed in §§42.03–5 and 42.03–10 as subject to the applicable requirements in this subchapter shall have load lines accurately marked amidships, port and starboard, as provided in this part 42 or the 1966 Convention, unless otherwise stated. Those vessels issued load line exemption certificates may not be required to have load line marks (see §42.03–30).

(b) For vessels marked with international load lines and navigating the Great Lakes, such vessels are also subject to requirements in part 45 of this subchapter while on the Great Lakes. See §45.9 of this subchapter for load line marks used by such vessels.

(c) For Great Lakes vessels operating solely on Great Lakes voyages, the requirements for the applicable load line marks are in part 45 of this subchapter. Great Lakes vessels when making other international or unlimited coastwise voyages shall comply with the applicable requirements in parts 42, 44, and 45 of this subchapter.

(d) For coastwise steam colliers, barges, and self-propelled barges in special services, the requirements for the applicable load line marks are in part 44 of this subchapter. These requirements also include certain regulations governing such vessels when they additionally engage in Great Lakes voyages, international voyages or unlimited coastwise voyages. Load line requirements in this part 42 also apply to such vessels when engaged on international or unlimited coastwise voyages.

(e) Existing U.S.-flag vessels, as defined in §42.05–30(a) of this chapter, engaged in international or coastwise voyages, may retain the load line assigned under previous regulations, provided:

(1) The vessel has not been assigned a reduced freeboard under the regulations in this part 42, and

(2) The form of the load line certificate issued to and carried on board the vessel conforms to the requirements of subpart 42.50 of this part or §44.05–35 or §46.10–30 of this chapter.

(f) This part applies to foreign vessels of countries—

(1) Signatory to or adhering to the 1966 Convention;

(2) Adhering to the 1930 Convention and not acceding to the 1966 Convention, or;

(3) Not adhering to either the 1930 Convention or the 1966 Convention but subject to the load line acts.

[CGFR 68–60, 33 FR 10052, July 12, 1968, as amended by CGFR 68–126, 34 FR 9011, June 5, 1969; CGD 73–49R, 38 FR 12290, May 10, 1973; CGD 80–120, 47 FR 5722, Feb. 8, 1982]

§ 42.07-5 Marks placed on vessel to indicate load lines.
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(a) Load line marks to indicate the maximum amidship's draft to which a vessel can be lawfully submerged, in the various circumstances and seasons, shall be permanently marked on each side of the vessel in the form, manner, and location as required by this subchapter.

(b) The load line marks placed on a vessel shall be attested to by a valid load line certificate as required by §42.07–45(b). The issuing authority shall not deliver any required load line certificate to the vessel until after its surveyor has ascertained that the vessel meets the applicable survey requirements and the correct placement of the marks on the vessel's sides has been confirmed.

(c) The requirements for load line marks apply to all new and existing vessels as specified in §§42.03–5 and 42.03–10, except when a vessel has been issued a load line exemption certificate in lieu of a load line certificate.

[CGFR 68–60, 33 FR 10052, July 12, 1968, as amended by CGFR 68–126, 34 FR 9012, June 5, 1969]

§ 42.07-10 Submergence of load line marks.
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(a) Except as provided otherwise in this section, vessels of the types described in paragraphs (a)(1) through (a)(3) of this section shall not be so loaded as to submerge at any time when departing for a voyage by sea, or on the Great Lakes, or during the voyage, or on arrival, the applicable load lines marked on the sides of the vessel for the season of the year and the zone or area in which the vessel may be operating.

(1) Merchant vessels of 150 gross tons or over, as described in §42.03–5 or §42.03–10, and on voyages subject to 46 U.S.C. 5101–5116.

(2) All new vessels of 79 feet or over in length on voyages subject to the 1966 Convention.

(3) All vessels of 150 gross tons or over, other than merchant vessels covered by paragraph (a)(1) of this section, on voyages subject to the 1966 Convention.

(b) When loading a vessel in a favorable zone for a voyage on which the vessel will enter a less favorable zone, such allowances must be made that the vessel when crossing into the less favorable zone, will conform to the regulations and freeboard for the less favorable zone.

(c) When a vessel is in fresh water of unit density, the appropriate load line may be submerged by the amount of the fresh water allowance shown on the applicable load line certificate. Where the density is other than unity, an allowance shall be made proportional to the difference between 1.025 and the actual density. This paragraph does not apply to vessels when navigating the Great Lakes.

(d) When a vessel departs from a port situated on a river or inland waters, deeper loading shall be permitted corresponding to the weight of fuel and all other materials required for consumption between the port of departure and the sea. This paragraph does not apply to vessels when navigating the Great Lakes.

[CGFR 68–60, 33 FR 10052, July 12, 1968, as amended by CGFR 68–126, 34 FR 9012, June 5, 1969; USCG–1998–4442, 63 FR 52190, Sept. 30, 1998]

§ 42.07-15 Zones and seasonal areas.
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(a) A vessel subject to 46 U.S.C. 5101–5116 or the 1966 Convention shall comply, as applicable, with the requirements regarding the zones and seasonal areas described in subpart 42.30.

(b) A port located on the boundary line between two zones or areas shall be regarded as within the zone or seasonal area from or into which the vessel arrives or departs.

[CGFR 68–60, 33 FR 10053, July 12, 1968, as amended by USCG–1998–4442, 63 FR 52190, Sept. 30, 1998]

§ 42.07-20 Logbook entries.
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(a) As described in §3.13–35 of Subchapter A (Procedures Applicable to the Public) of this chapter, official logbooks (Form CG–706–C), are furnished free to certain vessels, and after they have served their purpose they are filed with the applicable Officer in Charge, Marine Inspection.

(b) The master shall be responsible for having entered in the vessel's “official logbook” if carried, otherwise in his own log considered as its official logbook, the data required by section 6 of the load line acts. These logbooks entries shall be made before a vessel departs from her loading port or place and consist of:

(1) A statement of the load line marks applicable to the voyage; and,

(2) A statement of the position of the load line marks, port and starboard, at the time of departing from a port or place; i.e., the distance in inches of the water surface above or below the applicable load line; and,

(3) The actual drafts of the vessel, forward and aft, as nearly as the same can be ascertained, at the time of departing from a port or place.

(c) Where the master uses his own log, it shall be kept by the master or owner for 1 year after the actions noted therein have been completed and upon request shall be furnished to any load line enforcement officer.

[CGFR 68–60, 33 FR 10053, July 12, 1968]

§ 42.07-25 Approval of the Commandant.
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(a) Where the requirements in this subchapter state that the approval of the Commandant is necessary, the owner or his agent shall furnish all information necessary, including background material, and/or final plans, calculations, and conclusions reached, as will enable the Commandant to obtain a comprehensive understanding of and reach a decision relative to the question or problem at issue prior to proceeding with the work. All information, plans and calculations submitted will remain with the Commandant as a part of the record on the vessel.

(b) If the owner or his agent desires to have information, plans, and calculations returned with Commandant's actions noted thereon, or if distribution of such information is necessary or required by regulations in this subchapter to owners, masters of vessels, etc., then the owner or his agent shall furnish multiple copies of the information as required.

[CGFR 68–60, 33 FR 10053, July 12, 1968]

§ 42.07-30 Approval of the assigning authority.
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(a) Where the requirements in this subchapter state the approval of an assigning authority is required, the owner or his agent shall furnish the required information, including plans, etc., as required by and which will enable the assigning authority to obtain a comprehensive understanding of the matter and to reach pertinent decisions prior to proceeding with the work. When requested the assigning authority shall furnish the Coast Guard all information, etc., on any question at issue and decisions reached.

(b) All information required under this subchapter by an assigning authority with respect to a specific vessel shall be retained until 5 years after termination of certification by such authority.

[CGFR 68–60, 33 FR 10053, July 12, 1968]

§ 42.07-35 American Bureau of Shipping as an assigning authority.
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(a) The American Bureau of Shipping, with its home office at ABS Plaza, 16855 Northchase Drive, Houston, TX 77060, is hereby appointed as the prime assigning and issuing authority under the provisions of Articles 13 and 16(3) of the 1966 Convention and as directed by 46 U.S.C. 5107. In this capacity the American Bureau of Shipping is empowered to assign load lines, to perform surveys required for load line assignments, and to determine that the position of and the manner of marking vessels has been done in accordance with applicable requirements.

(b) On behalf of the United States of America, the American Bureau of Shipping is authorized to issue or reissue, under its own seal and signature of its officials, the appropriate load line certificates or International Load Line Exemption Certificate as described in subpart 42.50 of this part or in parts 44 to 46, inclusive, of this subchapter. Except for the International Load Line Exemption Certificate, the required load line certificate issued to a specific vessel shall certify to the correctness of the load line marks assigned and marked on the vessel and compliance with authorized conditions, restrictions, and/or exemptions, if any. The International Load Line Exemption Certificate when issued to a vessel shall certify as to the compliance with the information applicable to the vessel.

(c) The designation and delegation to the American Bureau of Shipping as an assigning and issuing authority shall be in effect indefinitely unless for due cause it shall be terminated by proper authority and notice of cancellation is published in the Federal Register.

(d) The American Bureau of Shipping is authorized to revalidate from time to time by endorsement a load line certificate or an International Load Line Exemption Certificate.

(e) Before revalidating any certificate by endorsement, the American Bureau of Shipping shall verify that the required load line marks assigned are marked on the vessel and the vessel is in compliance with authorized conditions, restrictions, and/or exemptions, if any.

(f) The American Bureau of Shipping shall issue all load line certificates in duplicate; one copy shall be delivered to the owner or master of the vessel, and one copy (together with a summary of data used to determine the assigned load lines) shall be forwarded to the Commandant.

(g) The American Bureau of Shipping shall prepare a load line survey report on each new vessel or existing vessel when brought into complete compliance with this part prior to issuing the required load line certificate described in subpart 42.50 of this part. At the time the certificate is delivered, one copy of this report shall be delivered to the master of the vessel, and one copy shall be forwarded to the Commandant. When a load line survey report is superseded or revised, one copy shall be delivered to the master of the vessel, and one copy shall be forwarded to the Commandant.

(h) The load line survey report or stability information furnished to a specific vessel shall include a statement of the locations of all watertight subdivision bulkheads, including steps or recesses therein, which may be involved in the vessel's load line assignment.

[CGFR 68–60, 33 FR 10053, July 12, 1968, as amended by CGFR 68–126, 34 FR 9012, June 5, 1969; CGD 80–143, 47 FR 25149, June 10, 1982; CGD 96–041, 61 FR 50727, Sept. 27, 1996; USCG–1998–4442, 63 FR 52190, Sept. 30, 1998; USCG–2000–7790, 65 FR 58459, Sept. 29, 2000]

§ 42.07-40 Recognized classification society as an assigning authority.
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(a) On behalf of the United States of America, under the provisions of Articles 13 and 16(3) and as provided in 46 U.S.C. 5107, the Commandant, at the request of a shipowner, may appoint any other recognized classification society, which he may approve, as the assigning and issuing authority who shall perform the same functions and duties as indicated in §42.07–35 for the American Bureau of Shipping.

(b) The appointment of a recognized classification society as the assigning and issuing authority will be limited to vessels specifically designated by the Commandant.

[CGFR 68–60, 33 FR 10053, July 12, 1968, as amended by USCG–1998–4442, 63 FR 52190, Sept. 30, 1998]

§ 42.07-43 Change in assigning authority.
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(a) If the owner desires a change in assigning and issuing authority for a vessel, a special request shall be made in writing to the Commandant at least 90 days prior to the expiration date of the present certificate or the annual endorsement thereon.

(b) A change in the assigning authority does not presume any change in assigned load lines.

[CGFR 68–60, 33 FR 10053, July 12, 1968]

§ 42.07-45 Load line certificates.
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(a) The load line certificates for which the Government of the United States of America assumes full responsibility may be issued by the Commandant, the American Bureau of Shipping, or a recognized classification society when appointed as an authorized assigning and issuing authority for specifically designated vessels.

(b) The load line certificate shall certify to the correctness of the load line marks assigned to the vessel and that the vessel is in compliance with applicable requirements. A certificate issued under this subchapter also shall describe the applicable load line marks, conditions, restrictions, and/or exemptions, if any, the vessel shall observe, according to the season of the year and the zone or area in which the vessel may operate. The load line exemption certificate issued under §42.03–30 shall certify the special conditions the vessel shall observe.

(c) A load line assignment and certificate issued to any vessel under the authority of the regulations in this subchapter (or under the authority of any Government adhering to the 1966 Convention, under the provisions of Article 19(5) of the 1966 Convention) shall cease to be valid upon the transfer of such vessel to the flag of another Government.

(d) Each loadline certificate is issued for the following length of time:

(1) An international and coastwise certificate is issued for 5 years and may be extended by the Commandant up to 150 days from the date of the—

(i) Survey that is endorsed on the certificate by the surveyor authorized by the Coast Guard; or

(ii) Last day of the 5-year period.

(2) A Great Lakes certificate is issued for 5 years and may be extended by the Commander, Ninth Coast Guard District, up to 365 days from date of the—

(i) Survey that is endorsed on the certificate by the surveyor authorized by the Coast Guard; or

(ii) Last day of the 5-year period.

(e) The form of certificate certifying to the correctness of the load line marks, assigned under the regulations in this part, may be in the form of temporary or provisional certificate, signed by the authorized surveyor pending early issuance of appropriate certificate as shown in subpart 42.50 of this part as follows:

(1) International Load Line Certificate, 1966, issued to U.S. vessels engaged in foreign voyages, or engaged in coastwise or intercoastal voyages (provided such vessels qualify to engage in foreign voyages without restriction), as follows:

(i) Form A1, For general use.

(ii) Form A2, For sailing vessels.

(iii) Form A3, For general use, combined with timber deck cargo.

(2) Certificate issued to foreign vessels belonging to countries that have not ratified or acceded to the 1966 Convention as follows:

(i) Form B, For general use.

(3) Coastwise load line certificate (other than for special service as provided for by part 44 of this subchapter) issued to U.S. vessels engaged solely in coastwise and/or intercoastal voyages (which may be subject to restrictions as to manning, routes, seasons, waters of operations, etc., as shown on the face of the certificate), as follows:

(i) Form C1, For general use.

(ii) Form C2, For sailing ships.

(iii) Form C3, For general use, combined with timber deck cargo.

(f) The form of certificate certifying to the correctness of exemptions granted under the regulations in this part shall be as shown in subpart 42.50 of this part as follows:

(1) International load line exemption certificate issued under special conditions to U.S.-flag vessels engaged in foreign voyages, as follows:

(i) Form E1, For general international use.

(ii) Where this certificate is intended to expire after a single voyage, this information shall be noted on the face of the certificate.

(2) International load line certificate Form A1, A2, or A3 issued under special conditions to U.S.-flag vessels on international voyages between the United States and near neighboring ports of its possessions or of foreign countries. Exemptions, if any, shall be specified on the certificate.

(g) The issuing authority shall provide the printed forms it may use under the regulations in this subchapter. These forms shall be approved by the Commandant before final printing. The international load line certificate and exemption certificate forms shall exactly reproduce the arrangement of the printed part of the model Forms A1, A2, A3, and E1 indicated in subpart 42.50 of this part for all official copies and any certified copies issued.

(h) Where a vessel qualifies for and is issued a Form E1 International Load Line Exemption Certificate for foreign voyages but is also or solely engaged in coastwise or intercoastal voyages by sea, this certificate shall be considered equivalent to a valid coastwise load line certificate. In such case the vessel shall be deemed in full compliance with 46 U.S.C. 5101–5116 and the regulations in this part promulgated thereunder.

[CGFR 68–60, 33 FR 10054, July 12, 1968, as amended by CGFR 68–126, 34 FR 9012, June 5, 1969; CGD 73–49R, 38 FR 12290, May 10, 1973; CGD–74; 153, 39 FR 25324, July 10, 1974; CGD 80–120, 47 FR 5722, Feb. 8, 1982; CGD 96–006, 61 FR 35964, July 9, 1996; USCG–1998–4442, 63 FR 52190, Sept. 30, 1998]

§ 42.07-50 Penalties for violations.
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(a) The penalties for violation of various provisions of the load line acts or the regulations established thereunder are set forth in 46 U.S.C. 5116. The Secretary of Transportation by 49 CFR 1.46(b) has transferred to the Commandant authority to assess, collect, remit or litigate any monetary penalty imposed under these laws.

(b) The master and/or owner of a vessel that is operated, navigated, or used in violation of the provisions of the load line acts, or the regulations in this subchapter will be subject to the penalties as set forth in law, and the vessel shall also be liable therefor. Depending upon the gravity of the violations, the Coast Guard may do any one or more of the following:

(1) Detain a vessel if deemed to be overloaded in violation of title 46 U.S.C. 5112, in accordance with 46 U.S.C. 5113 and have the vessel surveyed by three disinterested surveyors.

(2) Assess and collect applicable monetary penalties for certain violations as provided in 46 U.S.C. 5112 and 5116.

(3) Initiate a criminal prosecution for certain violations when required by 46 U.S.C. 5112 or 5116.

(4) Initiate an action of libel against the vessel involved if there is a failure to pay monetary penalties assessed.

(5) Initiate a suspension or revocation proceeding, in addition to the foregoing actions described in this paragraph against any officer or seaman holding a valid Coast Guard license or merchant mariner's document and who may violate any provision of the load line acts, the 1966 Convention, or the regulations in this subchapter, under the provisions of 46 U.S.C. Chapter 77, and the regulationsin 46 CFR part 5. (continued)