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(continued)

(c) In determining offenses, 46 U.S.C. 5116 provides that `Each day of a continuing violation is a separate violation' and

(d) The procedures governing the assessment, collection, remission and litigation of any monetary penalty proposed under 46 U.S.C. 5116 for a violation of either load line law or the applicable regulations in this subchapter, as well as the appeal procedures to be allowed, are in 33 CFR subpart 1.07.

[CGFR 68–60, 33 FR 10054, July 12, 1968, as amended by CGFR 68–126, 34 FR 9012, June 5, 1969; CGD 80–120, 47 FR 5722, Feb. 8, 1982; CGD 97–057, 62 FR 51043, Sept. 30, 1997]

§ 42.07-55 Cancellation of load line certificates or exemption certificates.
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(a) Since vessels described in §42.03–5 or §42.03–10 when found qualified are issued appropriate load line certificates or load line exemption certificates, under U.S. responsibility as indicated in §42.07–45 such certificates may be canceled by proper U.S. authority for due cause, including one or more of the causes listed in paragraph (b) of this section. Such action may occur prior to the expiration date on the certificate and normal certificate surrender. The cancellation of such certificate means that the correctness of load line marks and compliance with conditions of assignment for the named vessel no longer are recognized by the United States and that the existing assigned load line marks are voided.

(b) Certain causes for automatic cancellation of certificates are:

(1) The conditions of assignment have not been maintained as required by this subchapter.

(2) Material alterations have taken place in the hull or superstructure of the vessel, which will necessitate the assignment of an increased freeboard.

(3) The fittings and appliances have not been maintained in an effective condition for the protection of openings, guardrails, freeing ports, and means of access to crew's quarters.

(4) The structural strength of the vessel is lowered to such an extent that the vessel is unsafe.

(5) The load line certificate or International Load Line Exemption Certificate is not endorsed to show the vessel has been surveyed annually or periodically by the issuing authority as required by this part or the 1966 Convention.

(6) Issuance of a new load line certificate for the same vessel.

(7) Surrender of a certificate for cancellation when required.

(8) The owner, master, or agent of the vessel has furnished false or fraudulent information in or with the application for a certificate.

[CGFR 68–60, 33 FR 10054, July 12, 1968, as amended by CGFR 68–126, 34 FR 9012, June 5, 1969]

§ 42.07-60 Control.
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(a) The District Director of Customs or the Coast Guard District Commander may detain a vessel for survey if there is reason to believe that the vessel is proceeding on her journey in excess of the draft allowed by the regulations in this subchapter as indicated by the vessel's load line certificate, or otherwise. The Coast Guard District Commander may detain a vessel if it is so loaded as to be manifestly unsafe to proceed to sea.

(b) If the District Director of Customs orders a vessel detained, he shall immediately inform the Coast Guard District Commander thereof, who shall thereupon advise the District Director of Customs whether or not he deems that the vessel may proceed to sea with safety. If the Coast Guard District Commander orders a vessel detained, such officer will furnish the District Director of Customs immediate notification of such detention. The clearance shall be refused to any vessel which shall have been ordered detained, which shall be in effect until it is shown that the vessel is not in violation of the applicable law and the regulations in this subchapter.

(1) Where a vessel is detained for noncompliance with “material alteration” and “effective maintenance” requirements of paragraph (f)(1) of this section, the detention shall only be exercised insofar as may be necessary to ensure that the vessel can proceed to sea without danger to passengers or crew.

(c) The detention of a vessel will be by written order of either the Coast Guard District Commander or the District Director of Customs, depending on who orders the detention. The Coast Guard District Commander will immediately arrange for a survey in the manner prescribed by 46 U.S.C. 5113. Unless the owner or agent waives in writing and stipulates to accept the Coast Guard's survey, the Coast Guard District Commander shall appoint three disinterested surveyors and, where practicable, one of them shall be from the Surveying Staff of the American Bureau of Shipping. Such surveyors shall conduct a survey to ascertain whether or not the vessel is loaded in violation of the applicable provisions in the load line acts, and the regulations in this subchapter. If the survey confirms the allegation that the vessel is in violation of either law or the applicable regulations in this subchapter, “the owner and agent shall bear the costs of the survey in addition to any penalty or fine imposed”, as provided in these laws.

(d) Whenever a vessel is detained, the master or owner may, within 5 days, appeal to the Commandant who may, if he desires, order a further survey, and may affirm, set aside, or modify the order of the detaining officer.

(e) Where a foreign vessel is detained or intervention action of any other kind is taken against a foreign vessel, the officer carrying out the action shall immediately inform in writing the Consul or the diplomatic representative of the State whose flag the vessel is flying, of the decision involved together with all pertinent circumstances under which intervention was deemed necessary.

(f) Under 46 U.S.C. 5109 a vessel of a foreign country which has ratified the 1966 Convention, or which holds a recognized and valid 1930 Convention certificate, or which holds a valid Great Lakes Certificate, shall be exempt from the provisions of the regulations in this subchapter insofar as the marking of the load lines and the certificating thereof are concerned, so long as such country similarly recognizes the load lines established by this subchapter for the purpose of a voyage by sea subject to the proviso in paragraph (f)(1) of this section or the alternative proviso in paragraph (f)(2) of this section.

(1) If the foreign vessel is marked with load lines and has on board a valid International or Great Lakes Load Line Certificate certifying to the correctness of the marks, the control provisions in this part which are in accord with Article 21 of the 1966 Convention shall be observed. In this connection, the vessel shall not be loaded beyond the limits allowed by the certificate. The position of the load lines on the vessel shall correspond with the certificate. The vessel shall not have been so materially altered as to make the vessel manifestly unfit to proceed to sea without danger to human life, in regard to:

(i) The hull or superstructure (if necessitating assignment of an increased freeboard); and/or,

(ii) The appliances and fittings for protection of openings, guardrails, freeing ports, and means of access to crew's quarters (if necessitating replacement or other effective maintenance).

(2) (Alternatively provided) If the foreign vessel has on board an International Load Line Exemption Certificate in lieu of an International Load Line Certificate, 1966, in such case, verify that it is valid and any conditions stipulated therein are met.

(g) A foreign vessel of a nation for which the 1966 Convention has not come into force does not qualify for an International Load Line Certificate, 1966. In lieu thereof, such a vessel shall be required to have on board a valid Form B load line certificate or a recognized 1930 Convention certificate.

[CGFR 68–60, 33 FR 10055, July 12, 1968, as amended by CGFR 68–126, 34 FR 9012, June 5, 1969; USCG–1998–4442, 63 FR 52190, Sept. 30, 1998]

§ 42.07-75 Right of appeal.
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Any person directly affected by a decision or action taken under this subchapter, by or on behalf of the Coast Guard, may appeal therefrom in accordance with subpart 1.03 of this chapter.

[CGD 88–033, 54 FR 50380, Dec. 6, 1989]

Subpart 42.09—Load Line Assignments and Surveys—General Requirements
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§ 42.09-1 Assignment of load lines.
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(a) The assignment of load lines is conditioned upon the structural efficiency and satisfactory stability of the vessel, and upon the provisions provided on the vessel for her effective protection and that of the crew. Certain vessels, such as vessels carrying all their cargo as deck cargo, or vessels where design or service require special conditions to be applicable, shall have certain stability limitations imposed on them, as may be necessary. When stability limitations for a vessel are prescribed, the assigning authority shall furnish the master the vessel's maximum draft permitted and other conditions, including reference to Commandant approved operating stability features, which may be applicable.

(1) No load line assignment shall be made under this part to a vessel proceeding on a foreign voyage, or where the load line assignment is related to the flooded stability provisions and the vessel is proceeding on a domestic voyage, until the applicable light ship characteristics are established and incorporated into the vessel's stability data approved by the Commandant and furnished to the master of the vessel.

(2) If load line assignments are made to vessels for coastwise voyages before the results of the required stability characteristics are determined and incorporated into the vessel's stability data approved by the Commandant, then such load line assignments shall be regarded as conditional and shall be subject to verification or modification for removal of the conditional status. Any vessel with a conditional load line assignment shall not be loaded beyond a conservative safe draft. Where the Commandant deems it unnecessary, the requirement for furnishing stability information to the masters of coastwise vessels assigned load lines not related to flooded stability may be omitted and the assigning authority and others concerned will be so notified.

(b) Each vessel subject to load line requirements shall carry on board a valid certificate attesting to compliance with such requirements. (See §§42.07–35 and 42.07–40 for additional data furnished to the vessel.)

(c) The master of the vessel for which a load line certificate has been issued shall be responsible for the maintenance of such certificate on board such vessel and for compliance with its terms and conditions. Additionally, the master shall be responsible for having the current load line survey report on board the vessel. This report shall be made available to surveyors when carrying out subsequent load line surveys.

[CGFR 68–60, 33 FR 10055, July 12, 1968, as amended by CGFR 68–126, 34 FR 9012, June 5, 1969]

§ 42.09-5 All vessels—division into types.
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(a) For the purposes of this part, each vessel to which this part applies is either a Type “A” or a Type “B” vessel.

(b) A Type “A” vessel is a vessel that—

(1) Is designed to carry only liquid cargoes in bulk;

(2) Has a high degree of watertight and structural integrity of the deck exposed to the weather, with only small openings to cargo compartments that are closed by watertight gasketed covers of steel or other material considered equivalent by the Commandant; and

(3) Has a low permeability of loaded cargo compartments.

(c) A Type “B” vessel is any vessel that is not a Type “A” vessel.

(d) Requirements governing the assignment of freeboards for Types “A” and “B” vessels are in subparts 42.20 and 42.25 of this part.

[CGD 79–153, 48 FR 38647, Aug. 25, 1983]

§ 42.09-10 Stability, subdivision, and strength.
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(a) All vessels. Where regulations in this part, or in part 46 of this subchapter, require or permit load line assignment on the basis of the vessel's ability to meet specified flooding, including damage stability requirements, the owner shall furnish the necessary plans and calculations demonstrating that the vessel is in compliance with the applicable requirements. This material shall be furnished to the assigning authority for approval review at the earliest practicable date except where specifically required by part 46 of this subchapter for passenger vessels to be submitted to the Commandant for approval.

(1) When stability information is required, the plans shall include the location and extent of all watertight subdivision bulkheads, etc., involved.

(2) Additional stability, subdivision, and strength requirements are in §§42.09–1, 42.13–1, 42.13–5, and 42.15–1. The applicable flooded stability requirements are in §§42.20–3 through 42.20–13.

(b) Passenger vessels. In passenger vessels where the positions of the maximum load lines is subject to determination by the application of subdivision and stability requirements in this subchapter, the provisions of both parts 42 and 46 shall be accounted for and developed as necessary. See subchapter H (Passenger Vessels) of this chapter for related data required to be submitted to the Commandant.

(c) Light ship data. All plans, etc., necessary for obtaining the Commandant's approval of test results (light ship data) and stability information shall be furnished by the owner. In the absence of existing acceptable light ship stability information, such data shall be obtained from a stability test performed under the supervision of the Commandant. Results of such tests, if satisfactory, will be approved by the Commandant.

[CGFR 68–60, 33 FR 10056, July 12, 1968, as amended by CGFR 68–126, 34 FR 9012, June 5, 1969; CGD 79–153, 48 FR 38647, Aug. 25, 1983]

§ 42.09-15 Surveys by the American Bureau of Shipping or assigning authority.
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(a) General. Before issuing a certificate or placement of load line marks on a vessel, the assigning and issuing authority shall make an initial or periodic survey of the vessel as required by this subchapter. A load line survey report shall be made, reflecting information and facts based on initial surveys, including required and special elements as may be deemed necessary by the assigning authority or the Commandant.

(b) Initial survey. An initial survey shall be made before the vessel is put in service or the first time the assigning authority is requested to survey a vessel. The survey shall include a complete examination of its structure and equipment insofar as required by the applicable requirements in this subchapter. This survey shall be such as to ensure that the arrangements, materials, scantlings, and subsequent placement of load line marks fully comply with applicable requirements.

(c) Periodical survey. A periodical survey shall be made at intervals not exceeding five (5) years from an initial or previous periodic survey. The survey shall be similar to the initial survey insofar as extent and purpose are concerned.

(1) If the load line marks are found to be correct for the condition the vessel is then in, the assigning and issuing authority shall issue a new load line certificate, valid for such time as the condition of the vessel then warrants but in no case for a period of longer than 5 years. If, after a survey has been passed, a loadline certificate can not be issued before the current certificate expires, the current certificate may be extended by an endorsement in accordance with the requirements contained in §42.07–45(d). This endorsement of the assigning authority shall be placed on the back of the certificate, as shown on the forms in subpart 42.50. However, if there have been alterations which affect the vessel's freeboards, such extension shall not be granted. This prohibition is the same as in Article 19(2) of the 1966 Convention.

(2) The periodical survey, including certificate extension or reissue, for a vessel holding an international load line exemption certificate for more than one voyage, shall be the same as for any other vessel covered by this section except for load line marks. However, other conditions specified in the exemption certificate shall be verified.

(d) Annual surveys for endorsements. Vessels subject to initial and periodic surveys shall have annual surveys, within 3 months either way of the certificate's anniversary date. The annual surveys shall be made by and prove satisfactory to the assigning and issuing authority prior to executing the required annual endorsements on load line certificates or exemption certificates. The scope shall be as defined in §42.09–40 and such as to ensure that the applicable load line marks are found to be correct for the condition the vessel is then in.

[CGFR 68–60, 33 FR 10056, July 12, 1968, as amended by CGFR 68–126, 34 FR 9012, June 5, 1969; CGD 73–49R, 38 FR 12290, May 10, 1973]

§ 42.09-20 Surveys of foreign vessels.
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(a) General. Foreign vessels of countries which have not ratified or acceded to the 1966 Convention, or which do not have valid certificates issued under other international convention or treaty and recognized by the United States of America, if desiring to depart from a port or place in the United States, the Commonwealth of Puerto Rico, the Territory of Guam, or other U.S. possessions, shall be subjected to survey, marking, and certification by a load line assigning and issuing authority as authorized under §42.07–35 or §42.07–40, unless:

(1) The vessel is exempted by the provision of 46 U.S.C. 5102; or

(2) The vessel is under tow and carrying neither passengers nor cargo.

(b) Scope of survey. A periodical survey described in §42.09–15(c) shall be conducted by and prove satisfactory to the assigning and issuing authority. It shall be made prior to issue or reissue of the applicable certificate.

(c) Certification of load lines. The assigning and issuing authority after determining the vessel meets the applicable requirements in this part may issue a load line certificate subject to requirements in §42.07–45 and on the applicable form described in subpart 42.50 of this part: Provided, That the load line certificate issued shall be valid for a period of 1 year. The certificate may be revalidated by endorsement for additional 1 year periods if the condition of the vessel so warrants, but in any event the certificate shall become void five (5) years from date of issue, or at the expiration of the fourth (4th) yearly validation, whichever occurs first. Whenever the condition of the vessel warrants special limitations, such information and facts shall be attested to on the front or back of the certificate as necessary, by the assigning and issuing authority.

[CGFR 68–60, 33 FR 10056, July 12, 1968, as amended by CGFR 68–126, 34 FR 9013, June 5, 1969; CGD 80–120, 47 FR 5723, Feb. 8, 1982; USCG–1998–4442, 63 FR 52190, Sept. 30, 1998]

§ 42.09-25 Initial or periodic survey requirements for all vessels.
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(a) Before a survey may be completed, the vessel shall be placed in a drydock or hauled out. The surveyor shall be given complete access to all parts of the vessel to ensure that the vessel complies with all applicable requirements.

(b) The surveyor shall examine on all vessels the items, etc., listed in this paragraph to determine if in satisfactory condition and meeting applicable requirements in this subchapter.

(1) Cargo hatch coamings, covers, beams and supports, gaskets, clamps, locking bars, tarpaulins, battens, cleats and wedges of hatches on exposed freeboard, quarter and superstructure decks, and elsewhere as may be necessary.

(2) Structure of the vessel, coamings, closures, and all means of protection provided for openings, such as for ventilators, companionways, machinery casings, fiddleys, funnels, enclosed superstructures on the freeboard deck (and their end bulkheads) or equivalent protective deck houses, openings in the freeboard and superstructure decks, and significant openings at higher levels in the vessel.

(3) Transverse watertight subdivision bulkheads, as fitted, including any openings therein and closures for such openings. They shall be examined throughout their vertical and transverse extent.

(4) All air-pipe outlets, their closures, all scuppers, and all sanitary discharges in the vessel's sides, including nonreturn valves installed.

(5) The main and auxiliary sea inlets and discharges in the machinery space, and elsewhere if existent, and the valves and controls for these items.

(6) All gangways, cargo ports, and airports, including dead covers or other similar openings in the vessel's sides and their closures.

(7) All guardrails, bulwarks, gangways, and freeing port shutters, including securing devices, and bars.

(8) All eye plates or similar fittings for timber (or other) deck-cargo lashings, including the lashings, sockets for uprights and protective devices as may be necessary for ventilators and steering arrangements.

[CGFR 68–60, 33 FR 10056, July 12, 1968, as amended by CGFR 68–126, 34 FR 9013, June 5, 1969]

§ 42.09-30 Additional survey requirements for steel-hull vessels.
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(a) In addition to the requirements in §42.09–25, the surveyor of the assigning authority shall examine the items, etc., listed in this section, to determine if in satisfactory condition and meeting applicable requirements in this subchapter.

(b) When the vessel is in drydock, the hull plating, etc., shall be examined.

(c) The holds, 'tween decks, peaks, bilges, machinery spaces, and bunkers shall be examined to determine the condition of the framing, etc.

(d) The deep tanks and other tanks which form part of the vessel shall be examined internally.

(e) If a double bottom is fitted, the tanks normally shall be examined internally. Where double bottom and other tanks are used for fuel-oil bunkers, such tanks need not be cleaned out, if the surveyor is able to determine by an external examination that their general condition is satisfactory.

(f) The deck shall be examined.

(g) Where, owing to the age and condition of the vessel or otherwise, the surveyor deems it necessary, the shell and deck plating may be required to be drilled or other acceptable means used, in order to ascertain the then thickness of such plating.

[CGFR 68–60, 33 FR 10057, July 12, 1968]

§ 42.09-35 Additional survey requirements for wood-hull vessels.
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(a) In addition to the requirements in §42.09–25, the surveyor of the assigning authority shall examine the items, etc., listed in this section, to determine if in satisfactory condition and meeting the applicable requirements in this subchapter.

(b) When the vessel is in drydock or hauled out, the keel, stem, stern frame or sternpost, outside planking, and caulking shall be examined.

(c) The fasteners shall be examined. Bolts, screws, or equivalent fastenings, as deemed necessary by the surveyor, must be backed out, or otherwise dealt with, to ensure soundness.

(d) The holds, 'tween decks, peaks, bilges, machinery spaces, and bunkers shall be examined.

(e) The entire structure, including decks, shall be examined. If considered necessary by the surveyor, borings shall be made, or other means may be used, to ascertain the condition of the materials. Should these measures disclose sufficient cause, further examination to satisfy the surveyor as to the true condition shall be made and check locations listed. This list shall be submitted to the assigning and issuing authority for record purposes, and for use in subsequent surveys.

[CGFR 68–60, 33 FR 10057, July 12, 1968]

§ 42.09-40 Annual surveys.
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(a) Relative to §§42.09–15(d) and 42.09–20(c), the assigning and issuing authority shall make an annual survey of each vessel holding an appropriate certificate issued under this subchapter.

(b) The annual survey shall be of such scope and extent so as to ensure:

(1) The maintenance in an effective condition of the fittings and appliances for the:

(i) Protection of openings;

(ii) Guardrails;

(iii) Freeing ports; and,

(iv) Means of access to crew's quarters.

(2) That there have not been alterations made to the hull or superstructure which would affect the calculations determining the position of the load line marks.

(c) The assigning and issuing authority shall report on the annual survey made to the owner of the vessel.

[CGFR 68–60, 33 FR 10057, July 12, 1968 as amended by CGD 80–143, 47 FR 25149, June 10, 1982]

§ 42.09-45 Correction of deficiencies.
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(a) During and after any survey made by the assigning and issuing authority, those items, fittings, etc., which are found to be in an unsatisfactory condition by the surveyor shall be repaired or renewed in order to place the vessel in a satisfactory condition.

(b) No load line certificate shall be issued, endorsed, extended, or reissued or delivered to a vessel subject to this subchapter until after unsatisfactory conditions have been corrected as required by paragraph (a) of this section.

[CGFR 68–60, 33 FR 10057, July 12, 1968, as amended by CGFR 68–126, 34 FR 9013, June 5, 1969]

§ 42.09-50 Repairs or alterations to vessel after it has been surveyed.
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(a) After any survey of the vessel made under §§42.09–25 to 42.09–40, inclusive, as applicable, has been completed and deficiencies corrected as provided in §42.09–45, no change shall be made in the vessel's structure, equipment, arrangement, material, or scantlings as covered by such survey, without the prior specific approval of the assigning and issuing authority.

(b) To avoid a freeboard or other penalty, any vessel which undergoes repairs, alterations, or modifications, including outfitting related thereto, shall continue to comply with the applicable requirements consistent with the load line certificate held.

(c) An existing vessel, which had a load line assigned under previous regulations which undergoes repairs, alterations, or modifications of a major character, shall meet the requirements for a new vessel in this part insofar as the assigning and issuing authority and the Commandant deem reasonable and practicable.

[CGFR 68–60, 33 FR 10057, July 12, 1968, as amended by CGD 80–120, 47 FR 5723, Feb. 8, 1982]

Subpart 42.11—Applications for Load Line Assignments, Surveys, and Certificates
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§ 42.11-1 General.
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(a) As described in this subchapter under §§42.07–35, 42.07–40, 42.09–15, and 42.09–20, the American Bureau of Shipping or other recognized classification societies approved as load line assigning and issuing authorities perform the duties connected with making load line assignments to vessels.

(b) The Commandant is responsible for the administration of the load line acts, the 1966 Convention, other treaties regarding load lines, and the implementing regulations in this subchapter which include prescribed form and content of applicable load line certificates.

(c) Except in special instances for Coast Guard vessels, the Commandant does not perform the duties of a load line assigning authority.

[CGFR 68–60, 33 FR 10057, July 12, 1968, as amended by CGFR 68–126, 34 FR 9013, June 5, 1969; CGD 80–120, 47 FR 5723, Feb. 8, 1982]

§ 42.11-5 Applications for load line assignments, surveys, and certificates for U.S.-flag vessels.
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(a) Normally, the owner, master, or agent of a vessel shall apply in writing, on a timely basis, to the American Bureau of Shipping for the assignment, survey, and certification of load lines. When nonconcurrent, a separate application shall be made for each function desired and submitted on a timely basis. The mailing address of the home office of American Bureau of Shipping is ABS Plaza, 16855 Northchase Drive, Houston, TX 77060.

(b) After the Commandant has approved a recognized classification society as a load line assigning and issuing authority for a vessel, as described in a written request of the shipowner, the owner shall apply in writing, on a timely basis, direct to the approved assigning and issuing authority for the assignment, survey, and certification of load lines. When nonconcurrent, a separate application shall be made to such authority for each function desired, and submitted on a timely basis.

[CGFR 68–60, 33 FR 10057, July 12, 1968, as amended by CGFR 68–126, 34 FR 9013, June 5, 1969; CGD 96–041, 61 FR 50727, Sept. 27, 1996; USCG–2000–7790, 65 FR 58459, Sept. 29, 2000]

§ 42.11-10 Applications for load line assignments and certificates for vessels other than U.S.-flag vessels.
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(a) The application for the assignment of load lines and certificate for a foreign vessel belonging to (or which will belong to) either a country ratifying or acceding to the International Convention on Load Lines, 1966, or to a country with which the United States of America has a reciprocal load line agreement in effect shall be made by the Government whose flag the vessel flies, or will fly. The application may be made direct to the American Bureau of Shipping, or after receiving the Commandant's approval, to a recognized classification society which that country has requested as an assigning and issuing authority. When the load line assignment and certificate are authorized pursuant to the requirements in this part, the certificate must contain a statement that it has been issued at the request of a specific Government, which shall be named therein.

(1) When the load line assignment is performed under the applicable regulations in this subchapter, the assigning and issuing authority shall transmit to the requesting Government at the earliest practicable date, one copy of each certificate issued, the load line survey report used for computing the freeboard, and the freeboard computations. For information, the assigning and issuing authority shall also notify the Commandant of the names of the vessel and the Government involved and the date and place where the work was done.

(b) For a foreign vessel of a country not included in paragraph (a) of this section, the owner, master, or agent normally shall apply in writing to the American Bureau of Shipping, or to any other recognized assigning and issuing authority after it has been approved by the Commandant, for the assignment, survey, and certification of load lines, or for reissue of a load line certificate, as may be necessary for the vessel to clear ports of the United States, the Commonwealth of Puerto Rico, the Territory of Guam, or other U.S. possessions. Normally the same requirements, conditions, procedures, distribution of applicable certificates, etc., shall be applied to such foreign vessels which are applied to similar U.S.-flag vessels of 150 gross tons or over.

[CGFR 68–60, 33 FR 10058, July 12, 1968, as amended by CGFR 68–126, 34 FR 9013, June 5, 1969]

§ 42.11-15 Application for timber load lines.
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(a) The owner, master, or agent of a vessel having load lines assigned under this subchapter may apply to the assigning and issuing authority for timber load lines when making his application for a load line certificate. After the vessel has been found in compliance with the applicable requirements in this subchapter, it may be marked with timber load lines, which will also be certified to in the load line certificate.

[CGFR 68–60, 33 FR 10058, July 12, 1968, as amended by CGFR 68–126, 34 FR 9013, June 5, 1969]

§ 42.11-20 Application for annual survey.
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(a) The owner, master, or agent of a vessel holding a load line certificate shall apply to the assigning and issuing authority who issued the certificate for the annual survey required by §42.09–40 or the International Convention on Load Lines, 1966.

[CGFR 68–60, 33 FR 10058, July 12, 1968]

Subpart 42.13—General Rules for Determining Load Lines
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§ 42.13-1 Assumptions.
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(a) The regulations in this part are based on the assumption that the nature and stowage of the cargo, ballast, etc., are such as will secure sufficient stability of the vessel and avoid excessive structural stress.

(b) The regulations in this part are also based on the assumption that, where there are other international requirements relating to stability or subdivision applicable to vessels, these requirements have been met.

[CGFR 68–60, 33 FR 10058, July 12, 1968]

§ 42.13-5 Strength of vessel.
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(a) The assigning and issuing authority shall satisfy itself that the general structural strength of the vessel is sufficient for the draft corresponding to the freeboard assigned, and when requested shall furnish pertinent strength information to the Commandant.

(b) Vessels built and maintained in conformity with the requirements of a classification society recognized by the Commandant are considered to possess adequate strength for the purpose of the applicable requirements in this subchapter unless deemed otherwise by the Commandant.

[CGFR 68–60, 33 FR 10058, July 12, 1968, as amended by CGFR 68–126, 34 FR 9013, June 5, 1969]

§ 42.13-10 Freeboards assigned vessels.
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(a) Vessels with mechanical means of propulsion, or lighters, barges, or other vessels without independent means of propulsion, shall be assigned freeboards in accordance with the provisions of §§42.13–1 to 42.20–75, inclusive.

(b) Vessels carrying timber deck cargoes may be assigned, in addition to the freeboards required by paragraph (a) of this section, timber freeboards in accordance with the provisions of §§42.25–1 to 42.25–20, inclusive.

(c) Vessels designed to carry sail, whether as the sole means of propulsion or as a supplementary means, and tugs, shall be assigned freeboards in accordance with the provisions of §§42.13–1 to 42.20–75, inclusive, and such additional freeboards as determined necessary by the Commandant under the procedure of paragraph (f) of this section.

(d) Vessels of wood or of composite construction, or of other materials the use of which the Commandant has approved, or vessels whose constructional features are such as to render the application of the provisions of §§42.13–1 to 42.25–20 unreasonable or impracticable, shall be assigned freeboards as determined necessary by the Commandant under the procedure of paragraph (f) of this section.

(e) The requirements in §§42.15–1 to 42.15–80, inclusive, shall apply to every vessel to which a minimum freeboard is assigned. Relaxations from these requirements may be granted to a vessel to which a greater than minimum freeboard is assigned provided the safety conditions of the vessel are determined to be satisfactory under paragraph (f) of this section.

(f) In each case specified by paragraphs (c) to (e) inclusive of this section, the assigning authority shall report to the Commandant the specific matters in which the vessel is deficient or requires special freeboard consideration due to design, arrangement, construction materials, propulsive method, or relaxation of requirements in this part. The report shall also furnish background data and recommendations of the assigning authority (including freeboard additions), as will enable the Commandant to reach a decision.

[CGFR 68–60, 33 FR 10058, July 12, 1968, as amended by CGFR 68–126, 34 FR 9013, June 5, 1969]

§ 42.13-15 Definitions of terms.
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(a) Length. The length (L) shall be taken as 96 percent of the total length on a waterline at 85 percent of the least molded depth measured from the top of the keel, or as the length from the foreside of the stem to the axis of the rudder stock on that waterline, if that be greater. In vessels designed with a rake of keel the waterline on which this length is measured shall be parallel to the designed waterline.

(b) Perpendiculars. The forward and after perpendiculars shall be taken at the forward and after ends of the length (L). The forward perpendicular shall coincide with the foreside of the stem on the waterline on which the length is measured.

(c) Amidships. Amidships is at the middle of the length (L).

(d) Breadth. Unless expressly provided otherwise, the breadth (B) is the maximum breadth of the vessel, measured amidships to the molded line of the frame in a vessel with a metal shell and to the outer surface of the hull in a vessel with a shell of any other material.

(e) Molded depth. (1) The molded depth is the vertical distance measured from the top of the keel to the top of the freeboard deck beam at side. In wood and composite vessels the distance is measured from the lower edge of the keel rabbet. Where the form at the lower part of the midship section is of a hollow character, or where thick garboards are fitted, the distance is measured from the point where the line of the flat of the bottom continued inwards cuts the side of the keel.

(2) In vessels having rounded gunwales, the molded depth shall be measured to the point of intersection of the molded lines of the deck and sides, the lines extending as though the gunwale were of angular design.

(3) Where the freeboard deck is stepped and the raised part of the deck extends over the point at which the molded depth is to be determined, the molded depth shall be measured to a line of reference extending from the lower part of the deck along a line parallel with the raised part.

(f) Depth for freeboard (D). (1) The depth for freeboard (D) is the molded depth amidships, plus the thickness of the freeboard deck stringer plate, where fitted, plus

T(L-S)/L

if the exposed freeboard deck is sheathed;


where:

T is the mean thickness of the exposed sheathing clear of deck openings; and

S is the total length of superstructures as defined in paragraph (j)(4) of this section.


(2) The depth for freeboard (D) in a vessel having a rounded gunwale with a radius greater than 4 percent of the breadth (B) or having topsides of unusual form is the depth for freeboard of a vessel having a midship section with vertical topsides and with the same round of beam and area of topside section equal to that provided by the actual midship section.

(g) Block coefficient. The block coefficient (Cb) is given by

Cb=?/L.B.d1


where ? is the volume of the molded displacement of the vessel, excluding bossing, in a vessel with a metal shell, and is the volume of displacement to the outer surface of the hull in a vessel with a shell of any other material, both taken at a molded draft of d1; and, d1 is 85 percent of the least molded depth.


(h) Freeboard. The freeboard assigned is the distance measured vertically downward amidships from the upper edge of the deck line to the upper edge of the related load line.

(i) Freeboard deck. (1) The freeboard deck is normally the uppermost complete deck exposed to weather and sea, which has permanent means of closing all openings in the weather part thereof, and below which all openings in the sides of the vessel are fitted with permanent means of watertight closing. In a vessel having a discontinuance freeboard deck, the lowest line of the exposed deck and the continuation of that line parallel to the upper part of the deck is taken as the freeboard deck. At the option of the owner and subject to the approval of the assigning authority a lower deck may be designated as the freeboard deck, provided it is a complete and permanent deck continuous in a fore and aft direction at least between the machinery space and peak bulkheads and continuous athwartships. When this lower deck is stepped the lowest line of the deck and the continuation of that line parallel to the upper part of the deck is taken as the freeboard deck.

(2) When a lower deck is designated as the freeboard deck, that part of the hull which extends above the freeboard deck is treated as a superstructure so far as concerns the application of the conditions of assignment and the calculation of freeboard. It is from this deck that the freeboard is calculated.

(j) Superstructure. (1) A superstructure is a decked structure on the freeboard deck, extending from side to side of the vessel or with the side plating not being inboard of the shell plating more than 4 percent to the breadth. (B). A raised quarter deck is regarded as a superstructure.

(2) An enclosed superstructure is a superstructure with:

(i) Enclosing bulkheads of efficient construction;

(ii) Access openings, if any in these bulkheads fitted with doors complying with the requirements of §42.15–10; and,

(iii) All other openings in sides or ends of the superstructure fitted with efficient weathertight means of closing.

Note: A bridge or poop shall not be regarded as enclosed unless access is provided for the crew to reach machinery and other working spaces inside the superstructures by alternative means, which are available at all times when bulkhead openings are closed.

(3) The height of a superstructure is the least vertical height measured at side from the top of the superstructure deck beams to the top of the freeboard deck beams.

(4) The length of a superstructure (S) is the mean length of the part of the superstructure which lies within the length (L).

(k) Flush deck vessel. A flush deck vessel is one which has no superstructure on the freeboard deck.

(l) Weathertight. Weathertight means that in any sea conditions water will not penetrate into the vessel.

[CGFR 68–60, 33 FR 10058, July 12, 1968, as amended by CGFR 68–126, 34 FR 9013, June 5, 1969; 43 FR 31928, July 24, 1978]

§ 42.13-20 Deck line.
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(a) The deck line is a horizontal line 12 inches in length and 1 inch in breadth. It shall be marked amidships on each side of the vessel, and its upper edge shall normally pass through the point where the continuation outwards of the upper surface of the freeboard deck intersects the outer surface of the shell (as illustrated in Figure 42.13–20(a)), provided that the deck line may be placed with reference to another fixed point on the vessel on condition that the freeboard is correspondingly corrected. The location of the reference point and the identification of the freeboard deck shall in all cases be indicated on the International Load Line Certificate (1966), and, as applicable, on all other load line certificates issued pursuant to this part 42.

Figure 42.13–20(a)—Deck Line

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[CGFR 68–60, 33 FR 10059, July 12, 1968, as amended by CGFR 68–126, 34 FR 9014, June 5, 1969]

§ 42.13-25 Load line mark.
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(a) The load line mark shall consist of a ring 12 inches in outside diameter and 1 inch wide which is intersected by a horizontal line 18 inches in length and 1 inch in breadth, the upper edge of which passes through the center of the ring. The center of the ring shall be placed amidships and at a distance equal to the assigned summer freeboard measured vertically below the upper edge of the deck line (as illustrated in Figure 42.13–25(a)).

Figure 42.13–25(a)—Load line mark and lines to be used with this mark

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[CGFR 68–60, 33 FR 10059, July 12, 1968]

§ 42.13-30 Lines to be used with the load line mark.
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(a) The lines which indicate the load line assigned in accordance with the regulations in this part shall be horizontal lines 9 inches in length and 1 inch in breadth which extend forward of, unless expressly provided otherwise, and at right angles to, a vertical line 1 inch in breadth marked at a distance 21 inches forward of the center of the ring (as illustrated in Figure 42.13–25(a)).

(b) The following load lines shall be used:

(1) The summer load line indicated by the upper edge of the line which passes through the center of the ring and also by a line marked S.

(2) The winter load line indicated by the upper edge of a line marked W.

(3) The winter North Atlantic load line indicated by the upper edge of a line marked WNA.

(4) The tropical load line indicated by the upper edge of a line marked T.

(5) The fresh water load line in summer indicated by the upper edge of a line marked F. The fresh water load line in summer is marked abaft the vertical line. The difference between the fresh water load line in summer and the summer load line is the allowance to be made for loading in fresh water at the other load lines.

(6) The tropical fresh water load line indicated by the upper edge of a line marked TF, and marked abaft the vertical line.

(c) If timber freeboards are assigned, the timber load lines shall be marked in addition to ordinary load lines. These lines shall be horizontal lines 9 inches in length and 1 inch in breadth which extend abaft unless expressly provided otherwise, and are at right angles to, a vertical line 1 inch in breadth marked at a distance 21 inches abaft the center of the ring (as illustrated in Figure 42.13–30(c)).

Figure 42.13–30(c)—Timber load line mark and lines to be used with this mark

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(d) The following timber load lines shall be used:

(1) The summer timber load line indicated by the upper edge of a line marked LS.

(2) The winter timber load line indicated by the upper edge of a line marked LW.

(3) The winter North Atlantic timber load line indicated by the upper edge of a line marked LWNA.

(4) The tropical timber load line indicated by the upper edge of a line marked LT.

(5) The fresh water timber load line in summer indicated by the upper edge of a line marked LF and marked forward of the vertical line.

Note: The difference between the fresh water timber load line in summer and the summer timber load line is the allowance to be made for loading in fresh water at the other timber load lines.

(6) The tropical fresh water timber load line indicated by the upper edge of a line marked LTF and marked forward of the vertical line.

(e) Where the characteristics of a vessel, or the nature of the vessel's service or navigational limits make any of the seasonal lines inapplicable, these lines may be omitted.

(f) Where a vessel is assigned a greater than minimum freeboard so that the load line is marked at a position corresponding to, or lower than, the lowest seasonal load line assigned at minimum freeboard in accordance with the present Convention, only the fresh water load line need be marked.

(g) On sailing vessels only the fresh water load line and the winter North Atlantic load line need be marked (as illustrated in Figure 42.13–30(g)).

Figure 42.13–30(g)—Load line mark on sailing vessel and lines to be used with this mark

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(h) Where a winter North Atlantic load line is identical with the winter load line corresponding to the same vertical line, this load line shall be marked W.

(i) Additional load lines required by other international conventions in force may be marked at right angles to and abaft the vertical line specified in paragraph (a) of this section.

[CGFR 68–60, 33 FR 10059, July 12, 1968, as amended by CGFR 68–126, 34 FR 9014, June 5, 1969]

§ 42.13-35 Mark of assigning authority.
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(a) The mark of the assigning authority by whom the load lines are assigned may be indicated alongside the load line ring above the horizontal line which passes through the center of the ring, or above and below it. This mark shall consist of not more than four initials to identify the assigning authority's name, each measuring approximately 4 1/2 inches in height and 3 inches in width.

[CGFR 68–60, 33 FR 10060, July 12, 1968]

§ 42.13-40 Details of marking.
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(a) The ring, lines and letters shall be painted in white or yellow on a dark ground or in black on a light ground. They shall also be permanently marked on the sides of the vessels to the satisfaction of the assigning authority. The marks shall be plainly visible and, if necessary, special arrangements shall be made for this purpose.

[CGFR 68–60, 33 FR 10060, July 12, 1968, as amended by CGFR 68–126, 34 FR 9014, June 5, 1969]

§ 42.13-45 Verification of marks.
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(a) The International Load Line Certificate (1966) shall not be delivered to the vessel until §42.07–5 has been fully complied with under the authority and provisions of subparts 42.07 and 42.09 of this part.

[CGFR 68–60, 33 FR 10060, July 12, 1968, as amended by CGFR 68–126, 34 FR 9014, June 5, 1969]

Subpart 42.15—Conditions of Assignment of Freeboard
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§ 42.15-1 Information to be supplied to the master.
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(a) The master of every new vessel shall be supplied with sufficient information in a form approved by the assigning and issuing authority, to enable him to arrange for the loading and ballasting of his vessel in such a way as to avoid the creation of any unacceptable stresses in the vessel's structure: Provided, That this requirement need not apply to any particular length, design or class of vessel where the Commandant considers it to be unnecessary and so notifies the assigning and issuing authority.

(b) The master of every new vessel, which is not already provided with stability information under an international convention for the safety of life at sea in force, shall be supplied with sufficient information in a form approved by the Commandant, to give him guidance as to the stability of the vessel under varying conditions of service, and a copy shall be furnished to the Commandant.

[CGFR 68–60, 33 FR 10060, July 12, 1968, as amended by CGFR 68–126, 34 FR 9014, June 5, 1969]

§ 42.15-5 Superstructure end bulkheads.
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(a) Bulkheads at exposed ends of enclosed superstructures shall be of efficient construction and shall be to the satisfaction of the assigning authority.

[CGFR 68–60, 33 FR 10060, July 12, 1968, as amended by CGFR 68–126, 34 FR 9014, June 5, 1969]

§ 42.15-10 Doors.
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(a) All access openings in bulkheads at ends of enclosed superstructures shall be fitted with doors of steel or other equivalent material, permanently and strongly attached to the bulkhead, and framed, stiffened and fitted so that the whole structure is of equivalent strength to the unpierced bulkhead and weathertight when closed. The means for securing these doors weathertight shall consist of gaskets and clamping devices or other equivalent means and shall be permanently attached to the bulkhead or to the doors themselves, and the doors shall be so arranged that they can be operated from both sides of the bulkhead. (continued)