Title 46—Shipping--Volume 1
PART 42—DOMESTIC AND FOREIGN VOYAGES BY SEA
§ 42.01-1   Authority for regulations.
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.
§ 42.01-5   OMB control numbers assigned pursuant to the Paperwork Reduction Act.
(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.
§ 42.01-10   Purpose of regulations.
(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.
§ 42.03-5   U.S.-flag vessels subject to the requirements of this subchapter.
(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.
§ 42.03-10   Foreign vessels subject to this subchapter.
(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.
§ 42.03-15   The Great Lakes of North America.
(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.
§ 42.03-17   Special load line marks for vessels carrying timber deck cargo.
(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.
§ 42.03-20   Equivalents.
(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.
§ 42.03-25   Experimental installations.
(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.
§ 42.03-30   Exemptions for vessels.
(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.
§ 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.
(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.
§ 42.05-1   Approved.
This term means approved by the Commandant, U.S. Coast Guard, unless otherwise stated.
§ 42.05-10   Assigning authority.
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.
§ 42.05-20   Commandant.
This term means the Commandant (CG-ENG), Attn: Office of Design and Engineering Systems, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7509.
§ 42.05-25   Coast Guard District Commander or District Commander.
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.
§ 42.05-27   Credential.
As used in this subchapter, credential means any or all of the following:
(a) Merchant mariner's document.
(b) Merchant mariner's license.
(c) STCW endorsement.
(d) Certificate of registry.
(e) Merchant mariner credential.
§ 42.05-30   Existing vessel.
(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.)
§ 42.05-40   Great Lakes.
(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.
§ 42.05-45   International voyage.
(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.
§ 42.05-47   Marine inspector or inspector.
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.
§ 42.05-50   New vessel.
(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.)
§ 42.05-55   Officer in Charge, Marine Inspection.
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.
§ 42.05-60   Recognized classification society.
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.
§ 42.05-63   Ship(s) and vessel(s).
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.
§ 42.05-65   Surveyor.
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.
§ 42.07-1   Load lines required.
(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.
§ 42.07-5   Marks placed on vessel to indicate load lines.
(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.
§ 42.07-10   Submergence of load line marks.
(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.
§ 42.07-15   Zones and seasonal areas.
(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.
§ 42.07-20   Logbook entries.
(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.
§ 42.07-25   Approval of the Commandant.
(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.
§ 42.07-30   Approval of the assigning authority.
(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.
§ 42.07-35   American Bureau of Shipping as an assigning authority.
(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.
§ 42.07-40   Recognized classification society as an assigning authority.
(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.
§ 42.07-43   Change in assigning authority.
(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.
§ 42.07-45   Load line certificates.
(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.
§ 42.07-50   Penalties for violations.
(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 credential 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 regulations in 46 CFR part 5.
(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.
§ 42.07-55   Cancellation of load line certificates or exemption certificates.
(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.
§ 42.07-60   Control.
(a) The Director, Field Operations (DFO) 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 Director, Field Operations (DFO) orders a vessel detained, he shall immediately inform the Coast Guard District Commander thereof, who shall thereupon advise the Director, Field Operations (DFO) 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 Director, Field Operations (DFO) 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 Director, Field Operations (DFO), 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.
§ 42.07-75   Right of appeal.
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.
§ 42.09-1   Assignment of load lines.
(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.
§ 42.09-5   All vessels—division into types.
(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.
§ 42.09-10   Stability, subdivision, and strength.
(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.
§ 42.09-15   Surveys by the American Bureau of Shipping or assigning authority.
(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.
§ 42.09-20   Surveys of foreign vessels.
(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.
§ 42.09-25   Initial or periodic survey requirements for all vessels.
(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.
§ 42.09-30   Additional survey requirements for steel-hull vessels.
(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.
§ 42.09-35   Additional survey requirements for wood-hull vessels.
(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.
§ 42.09-40   Annual surveys.
(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.
§ 42.09-45   Correction of deficiencies.
(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.
§ 42.09-50   Repairs or alterations to vessel after it has been surveyed.
(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.
§ 42.11-1   General.
(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.
§ 42.11-5   Applications for load line assignments, surveys, and certificates for U.S.-flag vessels.
(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.
§ 42.11-10   Applications for load line assignments and certificates for vessels other than U.S.-flag vessels.
(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.
§ 42.11-15   Application for timber load lines.
(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.
§ 42.11-20   Application for annual survey.
(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.
§ 42.13-1   Assumptions.
(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.
§ 42.13-5   Strength of vessel.
(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.
§ 42.13-10   Freeboards assigned vessels.
(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.
§ 42.13-15   Definitions of terms.
(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
(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 ( C b ) is given by
(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.
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.
§ 42.13-20   Deck line.
(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.
§ 42.13-25   Load line mark.
(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)).
§ 42.13-30   Lines to be used with the load line mark.
(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)).
(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.
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)).
(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.
§ 42.13-35   Mark of assigning authority.
(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.
§ 42.13-40   Details of marking.
(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.
§ 42.13-45   Verification of marks.
(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.
§ 42.15-1   Information to be supplied to the master.
(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.
§ 42.15-5   Superstructure end bulkheads.
(a) Bulkheads at exposed ends of enclosed superstructures shall be of efficient construction and shall be to the satisfaction of the assigning authority.
§ 42.15-10   Doors.
(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.
(b) Except as otherwise provided in these regulations, the height of the sills of access openings in bulkheads at ends of enclosed superstructures shall be at least 15 inches above the deck.
§ 42.15-15   Positions of hatchways, doorways and ventilators.
(a) For the purpose of this part two positions of hatchways, doorways and ventilators are defined as follows:
(1) Position 1: Upon exposed freeboard and raised quarter decks, and upon exposed superstructure decks situated forward of a point located a quarter of the vessel's length from the forward perpendicular.
(2) Position 2: Upon exposed superstructure decks situated abaft a quarter of the vessel's length from the forward perpendicular.
§ 42.15-20   Cargo and other hatchways.
(a) The construction and the means for securing the weathertightness of cargo and other hatchways in positions 1 and 2 shall be at least equivalent to the requirements of §§ 42.15-25 and 42.15-30.
(b) Coamings and hatchway covers to exposed hatchways on decks above the superstructure deck shall comply with the requirements of the assigning authority.
§ 42.15-25   Hatchways closed by portable covers and secured weathertight by tarpaulins and battening devices.
(a) Hatchway coamings. (1) The coamings of hatchways closed by portable covers secured weathertight by tarpaulins and battening devices shall be of substantial construction, and their height above the deck shall be at least as follows:
(i) 23 1/2 inches if in position 1.
(ii) 17 1/2 inches if in position 2.
(b) Hatchway covers. (1) The width of each bearing surface for hatchway covers shall be at least 2 1/2 inches.
(2) Where covers are made of wood, the finished thickness shall be at least 2 3/8 inches in association with a span of not more than 4.9 feet.
(3) Where covers are made of mild steel, the strength shall be calculated with assumed loads not less than 358 pounds per square foot on hatchways in position 1, and not less than 266 pounds per square foot on hatchways in position 2, and the product of the maximum stress thus calculated and the factor 4.25 shall not exceed the minimum ultimate strength of the material. They shall be so designed as to limit the deflection to not more than 0.0028 times the span under these loads.
(4) The assumed loads on hatchways in position 1 may be reduced to 205 pounds per square foot for vessels of 79 feet in length and shall be not less than 358 pounds per square foot for vessels of 328 feet in length. The corresponding loads on hatchways in position 2 may be reduced to 154 pounds per square foot and 266 pounds per square foot respectively. In all cases values at intermediate lengths shall be obtained by linear interpolation.
(c) Portable beams. (1) Where portable beams for supporting hatchway covers are made of mild steel the strength shall be calculated with assumed loads not less than 358 pounds per square foot on hatchways in position 1 and not less than 266 pounds per square foot on hatchways in position 2 and the product of the maximum stress thus calculated and the factor 5 shall not exceed the minimum ultimate strength of the material. They shall be so designed as to limit the deflection to not more than 0.0022 times the span under these loads. For vessels of not more than 328 feet in length the requirements of paragraph (b)(4) of this section are applicable.
(d) Pontoon covers. (1) Where pontoon covers used in place of portable beams and covers are made of mild steel the strength shall be calculated with the assumed loads given in paragraph (b)(3) of this section, and the product of the maximum stress thus calculated and the factor 5 shall not exceed the minimum ultimate strength of the material. They shall be so designed as to limit the deflection to not more than 0.0022 times the span. Mild steel plating forming the tops of covers shall be not less in thickness than 1 percent of the spacing of stiffeners or 0.24 inches if that be greater. For vessels of not more than 328 feet in length the requirements of paragraph (b)(4) of this section are applicable.
(2) The strength and stiffness of covers made of materials other than mild steel shall be equivalent to those of mild steel to the satisfaction of the assigning authority.
(e) Carriers or sockets. (1) Carriers or sockets for portable beams shall be of substantial construction, and shall provide means for the efficient fitting and securing of the beams. Where rolling types of beams are use, the arrangements shall ensure that the beams remain properly in position when the hatchway is closed.
(f) Cleats. (1) Cleats shall be set to fit the taper of the wedges. They shall be at least 2 1/2 inches wide and spaced not more than 23 1/2 inches center to center; the cleats along each side or end shall be not more than 6 inches from the hatch corners.
(g) Battens and wedges. (1) Battens and wedges shall be efficient and in good condition. Wedges shall be of tough wood or other equivalent material. They shall have a taper of not more than 1 in 6 and shall be not less than 1/2 -inch thick at the toes.
(h) Tarpaulins. (1) At least two layers of tarpaulin in good condition shall be provided for each hatchway in positions 1 and 2.
(2) The tarpaulins shall be waterproof and of ample strength. They shall be of a material of at least a standard weight and quality as approved by the assigning and issuing authority.
(i) Security of hatchway covers. (1) For all hatchways in position 1 or 2, steel bars or other equivalent means shall be provided in order efficiently and independently to secure each section of hatchway covers after the tarpaulins are battened down. Hatchway covers of more than 4.9 feet in length shall be secured by at least two such securing appliances.
§ 42.15-30   Hatchways closed by weathertight covers of steel or other equivalent material fitted with gaskets and clamping devices.
(a) Hatchway coamings. At positions 1 and 2 the height above the deck of hatchway coamings fitted with weathertight hatch covers of steel or other equivalent material fitted with gaskets and clamping devices shall be as specified in § 42.15-25(a)(1). The height of these coamings may be reduced, or the coamings omitted entirely, on condition that the assigning authority is satisfied that the safety of the vessel is not thereby impaired in any sea conditions. Where coamings are provided they shall be of substantial construction.
(b) Weathertight covers. (1) Where weathertight covers are of mild steel the strength shall be calculated with assumed loads not less than 358 pounds per square foot on hatchways in position 1, and not less than 255 pounds per square foot on hatchways in position 2, and the product of the maximum stress thus calculated and the factor of 4.25 shall not exceed the minimum ultimate strength of the material. They shall be so designed as to limit the deflection to not more than 0.0028 times the span under these loads. Mild steel plating forming the tops of covers shall be not less in thickness than one percent of the spacing of stiffeners or 0.24 inches if that be greater. The provisions of § 42.15-25(b)(4) are applicable for vessels of not more than 328 feet in length.
(2) The strength and stiffness of covers made of materials other than mild steel shall be equivalent to those of mild steel to the satisfaction of the assigning authority.
(c) Means for securing weathertightness. (1) The means for securing and maintaining weathertightness shall be to the satisfaction of the assigning authority.
(2) The arrangements shall ensure that the tightness can be maintained in any sea conditions. For this purpose tests for tightness shall be required at the initial surveys, and may be required at periodical surveys and at annual surveys or at more frequent intervals.
§ 42.15-35   Machinery space openings.
(a) Machinery space openings in position 1 or 2 shall be properly framed and efficiently enclosed by steel casings of ample strength, and where the casings are not protected by other structures their strength shall be specifically considered. Access openings in such casings shall be fitted with doors complying with the requirements of § 42.15-10(a), the sills of which shall be at least 23 1/2 inches above the deck if in position 1, and at least 15 inches above the deck if in position 2. Other openings in such casings shall be fitted with equivalent covers, permanently attached in their proper positions.
(b) Coamings of any fiddley, funnel, or machinery space ventilators in an exposed position on the freeboard or superstructure deck shall be as high above the deck as is reasonable and practicable. Fiddley openings shall be fitted with strong covers of steel or other equivalent material permanently attached in their proper positions and capable of being secured weathertight.
§ 42.15-40   Miscellaneous openings in freeboard and superstructure decks.
(a) Manholes and flush scuttles in position 1 or 2 or within superstructures other than enclosed superstructures shall be closed by substantial covers capable of being made watertight. Unless secured by closely spaced bolts, the covers shall be permanently attached.
(b) Openings in freeboard decks other than hatchways, machinery space openings, manholes, and flush scuttles shall be protected by an enclosed superstructure, or by a deckhouse or companionway of equivalent strength and weathertightness. Any such opening in an exposed superstructure deck or in the top of a deckhouse on the freeboard deck which gives access to a space below the freeboard deck or a space within an enclosed superstructure shall be protected by an efficient deckhouse or companionway. Doorways in such deckhouses or companionways shall be fitted with doors complying with the requirements of § 42.15-10(a).
(c) In position 1 the height above the deck of sills to the doorways in companionways shall be at least 23 1/2 inches. In position 2 they shall be at least 15 inches.
§ 42.15-45   Ventilators.
(a) Ventilators in position 1 or 2 to spaces below the freeboard decks or decks of enclosed superstructures shall have coamings of steel or other equivalent material, substantially constructed and efficiently connected to the deck. Where the coaming of any ventilator exceeds 35 1/2 inches in height it shall be specially supported.
(b) Ventilators passing through superstructures other than enclosed superstructures shall have substantially constructed coamings of steel or other equivalent material at the freeboard deck.
(c) Ventilators in position 1 the coamings of which extend to more than 14.8 feet above the deck, and in position 2 the coamings of which extend to more than 7.5 feet above the deck, need not be fitted with closing arrangements unless specifically required by the assigning authority.
(d) Except as provided in paragraph (c) of this section ventilator openings shall be provided with efficient weathertight closing appliances. In vessels of not more than 328 feet in length the closing appliances shall be permanently attached; where not so provided in other vessels, they shall be conveniently stowed near the ventilators to which they are to be fitted. Ventilators in position 1 shall have coamings of a height of at least 35 1/2 inches above the deck; in position 2 the coamings shall be of a height at least 30 inches above the deck.
(e) In exposed positions, the height of coamings may be required to be increased to the satisfaction of the assigning authority.
§ 42.15-50   Air pipes.
(a) Where air pipes to ballast and other tanks extend above the freeboard or superstructure decks, the exposed parts of the pipes shall be of substantial construction; the height from the deck to the point where water may have access below shall be at least 30 inches on the freeboard deck and 17 1/2 inches on the superstructure deck. Where these heights may interfere with the working of the vessel, a lower height may be approved, provided the assigning authority is satisfied that the closing arrangements and other circumstances justify a lower height. Satisfactory means permanently attached, shall be provided for closing the openings of the air pipes.
§ 42.15-55   Cargo ports and other similar openings.
(a) Cargo ports and other similar openings in the sides of vessels below the freeboard deck shall be fitted with doors so designed as to ensure watertightness and structural integrity commensurate with the surrounding shell plating, to the satisfaction of the assigning authority. The arrangements shall be subject to tightness tests at the initial survey and at such subsequent surveys or more frequent intervals as deemed necessary. The number of such openings shall be the minimum compatible with the design and proper working of the vessel.
(b) Unless permitted by the Commandant the lower edge of such openings shall not be below a line drawn parallel to the freeboard deck at side, which has at its lowest point the upper edge of the uppermost load line.
§ 42.15-60   Scuppers, inlets, and discharges.
(a) Discharges led through the shell either from spaces below the freeboard deck or from within superstructures and deckhouses on the freeboard deck fitted with doors complying with the requirements of § 42.15-10 shall be fitted with efficient and accessible means for preventing water from passing inboard. Normally, each separate discharge shall have one automatic nonreturn valve with a positive means of closing it from a position above the freeboard deck. Where, however, the vertical distance from the summer load waterline to the inboard end of the discharge pipe exceeds 0.01 L, the discharge may have two automatic nonreturn valves without positive means of closing: Provided, That the inboard valve is always accessible for examination under service conditions; where that vertical distance exceeds 0.02 L a single automatic nonreturn valve without positive means of closing may be accepted subject to the approval of the assigning authority. The means for operating the positive action valve shall be readily accessible and provided with an indicator showing whether the valve is open or closed.
(b) In manned machinery spaces main and auxiliary sea inlets and discharges in connection with the operation of machinery may be controlled locally. The controls shall be readily accessible and shall be provided with indicators showing whether the valves are open or closed.
(c) Scuppers and discharge pipes originating at any level and penetrating the shell either more than 17 1/2 inches below the freeboard deck or less than 23 1/2 inches above the summer load waterline shall be provided with a nonreturn valve at the shell. This valve, unless required by paragraph (a) of this section, may be omitted if the piping is of thickness as specified in part 56 in subchapter F (Marine Engineering) of this chapter.
(d) Scuppers leading from superstructures or deckhouses not fitted with doors complying with the requirements of § 42.15-10 shall be led overboard.
(e) All valves and shell fittings required by this section shall be of steel, bronze, or other approved ductile material. Valves of ordinary cast iron or similar material are not acceptable. All pipes to which this section refers shall be of steel or other equivalent material to the satisfaction of the assigning authority.
§ 42.15-65   Side scuttles.
(a) Side scuttles to spaces below the freeboard deck or to spaces within enclosed superstructures shall be fitted with efficient hinged inside deadlights arranged so that they can be effectively closed and secured watertight.
(b) No side scuttle shall be fitted in a position so that its sill is below a line drawn parallel to the freeboard deck at side and having its lowest point 2.5 percent of the breadth ( B ) above the load waterline, or 19 1/2 inches, which ever is the greater distance.
(c) The side scuttles, together with their glasses, if fitted, and deadlights, shall be of substantial and approved construction.
§ 42.15-70   Freeing ports.
(a) Where bulwarks on the weather portions of freeboard or superstructure decks form wells, ample provision shall be made for rapidly freeing the deck of water and for draining them. Except as provided in paragraphs (b) and (c) of this section, the minimum freeing port area ( A ) on each side of the vessel for each well on the freeboard deck shall be that given by the following formulae in cases where the sheer in way of the well is standard or greater than standard. The minimum area for each well on superstructure decks shall be one-half of the area given by the formulae.
(1) Where the length of bulwark ( l ) in the well is 66 feet or less A = 7.6 + 0.115 l (square feet)
(2) Where l exceeds 66 feet A = 0.23 l (square feet)
(3) l need in no case be taken as greater than 0.7 L.
(4) If the bulwark is more than 3.9 feet in average height the required area shall be increased by 0.04 square feet per foot of length of well for each foot difference in height. If the bulwark is less than 3 feet in average height, the required area may be decreased by 0.04 square feet per foot of length for each foot difference in height.
(b) In vessels with no sheer the area calculated according to paragraph (a) of this section shall be increased by 50 percent. Where the sheer is less than the standard the percentage shall be obtained by linear interpolation.
(c) Where a vessel is fitted with a trunk which does not comply with the requirements of § 42.20-55(a)(5) or where continuous or substantially continuous hatchway side coamings are fitted between detached superstructures the minimum area of the freeing port openings shall be calculated from table 42.15-70(c):
Table 42.15-70( c )
The area of freeing ports at intermediate breadths shall be obtained by linear interpolation.
(d) In vessels having superstructures which are open at either or both ends, adequate provision for freeing the space within such superstructures shall be provided to the satisfaction of the assigning authority.
(e) The lower edges of the freeing ports shall be as near the deck as practicable. Two-thirds of the freeing port area required shall be provided in the half of the well nearest the lowest point of the sheer curve.
(f) All such openings in the bulwarks shall be protected by rails or bars spaced approximately 9 inches apart. If shutters are fitted to freeing ports, ample clearance shall be provided to prevent jamming. Hinges shall have pins or bearings of noncorrodible material. If shutters are fitted with securing appliances, these appliances shall be of approved construction.
§ 42.15-75   Protection of the crew.
(a) The strength of the deckhouses used for the accommodation of the crew shall be to the satisfaction of the assigning authority.
(b) Efficient guard rails or bulwarks must be fitted on all exposed parts of the freeboard and superstructure decks as follows:
(1) The height of the bulwarks or guard rails must be at least 39 1/2 inches from the deck, provided that where this height would interfere with the normal operation of the vessel, a lesser height may be approved if the Commandant and the assigning authority are satisfied that adequate protection is provided.
(2) On each vessel that is initially surveyed for load line assignment after January 1, 1976, and that is exclusively engaged in towing operations, the minimum bulwark or rail height on the freeboard deck may be reduced to 30 inches provided the assigning authority is satisfied that adequate grabrails are provided around the periphery of the deckhouse.
(3) Portable rails may be used when operating conditions warrant their use.
(c) The opening below the lowest course of the guard rails shall not exceed 9 inches. The other courses shall be not more than 15 inches apart. In the case of vessels with rounded gunwales the guard rail supports shall be placed on the flat of the deck.
(d) Satisfactory means (in the form of guard rails, life lines, gangways or underdeck passages, etc.) shall be provided for the protection of the crew in getting to and from their quarters, the machinery space and all other parts used in the necessary work of the vessel.
(e) Deck cargo carried on any vessel shall be so stowed that any opening which is in way of the cargo and which gives access to and from the crew's quarters, the machinery space and all other parts used in the necessary work of the vessel, can be properly closed and secured against the admission of water. Effective protection for the crew in the form of guard rails or life lines shall be provided above the deck cargo if there is no convenient passage on or below the deck of the vessel.
§ 42.15-80   Special conditions of assignment for Type “A” vessels.
(a) Machinery casings. Machinery casings on Type “A” vessels as defined in § 42.09-5(b) must be protected by an enclosed poop or bridge of at least standard height, or by a deckhouse of equal height and equivalent strength, except that machinery casings may be exposed if there are no openings giving direct access from the freeboard deck to the machinery space. A door complying with the requirements of § 42.15-10 is permitted in the machinery casing if it leads to a space or passageway which is as strongly constructed as the casing and is separated from the stairway to the engine room by a second weathertight door of steel or equivalent material.
(b) Gangway and access. (1) An efficiently constructed fore and aft permanent gangway of sufficient strength shall be fitted on Type “A” vessels at the level of the superstructure deck between the poop and the midship bridge or deckhouse where fitted, or equivalent means of access shall be provided to carry out the purpose of the gangway, such as passages below deck. Elsewhere, and on Type “A” vessels without a midship bridge, arrangements to the satisfaction of the assigning authority shall be provided to safeguard the crew in reaching all parts used in the necessary work of the ship.
(2) Safe and satisfactory access from the gangway level shall be available between separates crew accommodations and also between crew accommodations and the machinery space.
(c) Hatchways. Exposed hatchways on the freeboard and forecastle decks or on the tops of expansion trunks on Type “A” vessels shall be provided with efficient watertight covers of steel or other equivalent material.
(d) Freeing arrangements. (1) Type “A” vessels with bulwarks shall have open rails fitted for at least half the length of the exposed parts of the weather deck or other effective freeing arrangements. The upper edge of the sheer strake shall be kept as low as practicable.
(2) Where superstructures are connected by trunks, open rails shall be fitted for the whole length of the exposed parts of the freeboard deck.
§ 42.20-3   Freeboard assignment: Type “A” vessels.
(a) A Type “A” vessel is assigned a freeboard not less than that based on table 42.20-15(a)(1) provided that the vessel meets the flooding standard in § 42.20-6.
(b) A vessel that meets the requirements of subpart D, F, or G of part 172 of this chapter is considered by the Coast Guard as meeting the flooding standard referenced in paragraph (a) of this section.
§ 42.20-5   Freeboard assignment: Type “B” vessels.
(a) Each Type “B” vessel is assigned a freeboard from table 42.20-15(b)(1) that is increased or decreased by the provisions of this section.
(b) Each Type “B” vessel that has a hatchway in position 1, must have the freeboard assigned in accordance with paragraph (a) of this section increased by the amount given in table 42.20-5(b) unless the hatch cover complies with:
(1) Section 42.15-25(d); or
(2) Section 42.15-30.
Table 42.20-5( b )—Freeboard Increase Over Tabular Freeboard for Type “B” Vessels With Hatch Covers Not Complying With § 42.15-25( d ) or § 42.15-30.
[Metric]
1 Freeboards at intermediate lengths of ship shall be obtained by linear interpolation.
2 108 and below.
3 Ships above 200 meters in length are subject to individual determination by the Commandant.
[English]
1 Freeboards at intermediate lengths of ship be obtained by linear interpolation.
2 350 and below.
3 Ships above 660 feet in length are subject to individual determination by the Commandant.
(c) Any Type “B” vessel that is greater than 100 meters (328 feet) in length and any hopper dredge meeting the requirements in subpart C of part 44 of this chapter may have a reduced freeboard from that assigned under table 42.20-15(b)(1) in accordance with paragraph (d) or paragraph (e) of this section if—
(1) The measures provided for the protection of the crew are adequate;
(2) The freeing arrangements are adequate; and
(3) The hatchway covers in positions 1 and 2 comply with the provisions of § 42.15-30 and have adequate strength, special care being given to their sealing and securing arrangements.
(d) The freeboards for a Type “B” vessel which comply with paragraph (c) of this section may be reduced up to 60 percent of the total difference between the freeboards in table 42.20-15(b)(1) and table 42.20-15(a)(1) provided that the vessel meets the flooding standard in § 42.20-7.
(e) The freeboards for a Type “B” vessel which complies with paragraph (c) of this section may be reduced up to the total difference between the freeboard tables referenced in paragraph (d) of this section provided that the vessel meets the flooding standard in § 42.20-8 and the provisions of § 42.15-80 (a), (b) and (d) as if it were a Type “A” vessel.
§ 42.20-6   Flooding standard: Type “A” vessels.
(a) Design calculations must be submitted that demonstrate that the vessel will remain afloat in the conditions of equilibrium specified in § 42.20-12 assuming the damage specified in § 42.20-11 as applied to the following flooding standards:
(1) If the vessel is over 150 meters (492 feet) in length it must be able to withstand the flooding of any one compartment, except the machinery space.
(2) If the vessel is over 225 meters (738 feet) in length, it must be able to withstand the flooding of any one compartment, treating the machinery space as a floodable compartment.
(b) When doing the calculations required in paragraph (a) of this section, the following permeabilities must be assumed:
(1) 0.95 in all locations except the machinery space.
(2) 0.85 in the machinery space.
§ 42.20-7   Flooding standard: Type “B” vessel, 60 percent reduction.
(a) Design calculations must be submitted that demonstrate that the vessel will remain afloat in the conditions of equilibrium specified in § 42.20-12 assuming the damage specified in § 42.20-11 as applied to the following flooding standards:
(1) If the vessel is 225 meters (738 feet) or less in length, it must be able to withstand the flooding of any one compartment, except the machinery space.
(2) If the vessel is over 225 meters (738 feet) in length, it must be able to withstand the flooding of any one compartment, treating the machinery space as a floodable compartment.
(b) When doing the calculations required in paragraph (a) of this section, the following permeabilities must be assumed:
(1) 0.95 in all locations except the machinery space.
(2) 0.85 in the machinery space.
§ 42.20-8   Flooding standard: Type “B” vessel, 100 percent reduction.
(a) Design calculations must be submitted that demonstrate that the vessel will remain afloat in the conditions of equilibrium specified in § 42.20-12 assuming the damage specified in § 42.20-11 as applied to the following flooding standards:
(1) If the vessel is 225 meters (738 feet) or less in length, it must be able to withstand the flooding of any two adjacent fore and after compartments excluding the machinery space;
(2) If the vessel is over 225 meters (738 feet) in length, the flooding standard of paragraph (a)(1) of this section must be applied, treating the machinery space, taken alone, as a floodable compartment.
(b) When doing the calculations required in paragraph (a) of this section, the following permeabilities must be assumed:
(1) 0.95 in all locations except the machinery space.
(2) 0.85 in the machinery space.
§ 42.20-9   Initial conditions of loading.
When doing the calculations required in §§ 42.20-6(a), 42.20-7(a) and 42.20-8(a), the initial condition of loading before flooding must be assumed to be as specified in this section:
(a) The vessel is assumed to be loaded to its summer load waterline with no trim.
(b) When calculating the vertical center of gravity, the following assumptions apply:
(1) The cargo is assumed to be homogeneous.
(2) Except as specified in paragraph (b)(3) of this section, all cargo compartments are assumed to be fully loaded. This includes compartments intended to be only partially filled. In the case of liquid cargoes, fully loaded means 98 percent full.
(3) If the vessel is intended to operate at its summer load waterline with empty compartments, these empty compartments are assumed to be empty rather than fully loaded if the resulting height of the vertical center of gravity is not less than the height determined in accordance with paragraph (b)(2) of this section.
(4) Fifty percent of the total capacity of all tanks and spaces fitted to contain consumable liquids or stores must be assumed to be distributed to accomplish the following:
(i) Each tank and space fitted to contain consumable liquids or stores must be assumed either completely empty or completely filled.
(ii) The consumables must be distributed so as to produce the greatest possible height above the keel for the center of gravity.
(5) Weights are calculated using the following values for specific gravities:
§ 42.20-10   Free surface.
When doing the calculations required in §§ 42.20-6(a), 42.20-7(a) and 42.20-8(a), the effect of free surface of the following liquids must be included:
(a) For each type of consumable liquid, the maximum free surface of at least one transverse pair of tanks or a single centerline tank must be included. The tank or combination of tanks must be that resulting in the greatest free surface effect.
(b) For cargo liquids, unless the compartment is assumed to be empty as required by § 42.20-9(b)(3), the free surface of those compartments containing liquids is calculated at an angle of heel of not more than 5 degrees.
§ 42.20-11   Extent of damage.
When doing the calculations required by §§ 42.20-6(a), 42.20-7(a) and 42.20-8(a), the following must be assumed:
(a) The vertical extent of damage in all cases must be assumed to be from the baseline upward without limit.
(b) The transverse extent of damage is assumed to be equal to B/5 or 11.5 meters (37.7 feet), whichever is less. The transverse extent is measured inboard from the side of the ship perpendicularly to the center line at the level of the summer load waterline.
(c) If damage of a lesser extent than that specified in paragraph (a) or (b) of this section results in a more severe condition, the lesser extent must be assumed.
(d) The following assumptions apply to the transverse damage specified in paragraph (b) of this section for a stepped or recessed bulkhead:
(1) A transverse watertight bulkhead that has a step or recess located within the transverse extent of assumed damage may be considered intact if the step or recess is not more than 3.05 meters (10 feet) in length.
(2) If a transverse watertight bulkhead has a step or recess of more than 3.05 meters (10 feet) in length, within the transverse extent of assumed damage, the two compartments adjacent to this bulkhead must be considered as flooded.
(3) If within the transverse extent of damage, a transverse bulkhead has a step or recess more than 3.05 meters (10 feet) in length that coincides with the double bottom tank top or the inner boundary of a wing tank, respectively, all adjacent compartments within the transverse extent of assumed damage must be considered to be flooded simultaneously.
(e) If a wing tank has openings into adjacent compartments, the wing tank and adjacent compartments must be considered as one compartment. This provision applies even where these openings are fitted with closing appliances except:
(1) Valves fitted in bulkheads between tanks which are controlled from above the bulkhead deck.
(2) Secured manhole covers fitted with closely spaced bolts.
(f) Only transverse watertight bulkheads that are spaced apart at least 1/3 (L) 2/3 or 14.5 meters (0.495(L) 2/3 or 47.6 feet), whichever is less, may be considered effective. If transverse bulkheads are closer together, then one or more of these bulkheads must be assumed to be non-existent in order to achieve the minimum spacing between bulkheads.
§ 42.20-12   Conditions of equilibrium.
The following conditions of equilibrium are regarded as satisfactory:
(a) Downflooding. The final waterline after flooding, taking into account sinkage, heel, and trim, is below the lower edge of any opening through which progressive flooding can take place. Such openings include air pipes, ventilators, and openings which are closed by means of weathertight doors (even if they comply with § 42.15-10) or covers (even if they comply with § 42.15-30 or § 42.15-45(d)) but may exclude those openings closed by means of:
(1) Manhole covers and flush scuttles which comply with § 42.15-40;
(2) Cargo hatch covers which comply with § 42.09-5(b);
(3) Hinged watertight doors in an approved position which are secured closed while at sea and so logged; and
(4) Remotely operated sliding watertight doors, and side scuttles of the non-opening type which comply with § 42.15-65.
(b) Progressive flooding. If pipes, ducts, or tunnels are situated within the assumed extent of damage penetration as defined in § 42.20-11 (a) and (b), progressive flooding cannot extend to compartments other than those assumed to be floodable in the calculation for each case of damage.
(c) Final angle of heel. The angle of heel due to unsymmetrical flooding does not exceed 15 degrees. If no part of the deck is immersed, an angle of heel of up to 17 degrees may be accepted.
(d) Metacentric height. The metacentric height of the damaged vessel, in the upright condition, is positive.
(e) Residual stability. Through an angle of 20 degrees beyond its position of equilibrium, the vessel must meet the following conditions:
(1) The righting arm must be positive.
(2) The maximum righting arm must be at least 0.1 meter (4 inches).
(3) The area under the righting arm curve within the 20 degree range must not be less than 0.0175 meter-radians (0.689 inch-radians).
(4) Each submerged opening must be weathertight (e.g. a vent fitted with a ball check valve).
(f) Intermediate stages of flooding. The Commandant is satisfied that the stability is sufficient during intermediate stages of flooding.
§ 42.20-13   Vessels without means of propulsion.
(a) A lighter, barge, or other vessel without independent means of propulsion is assigned a freeboard in accordance with the provisions of this subpart as modified by paragraphs (b), (c), and (d) of this section.
(b) A barge that meets the requirements of § 42.09-5(b) may be assigned Type “A” freeboard if the barge does not carry deck cargo.
(c) An unmanned barge is not required to comply with § 42.15-75, § 42.15-80(b), or § 42.20-70.
(d) An unmanned barge that has only small access openings closed by watertight gasketed covers of steel or equivalent material on the freeboard deck, may be assigned a freeboard 25 percent less than that calculated in accordance with this subpart.
§ 42.20-15   Freeboard tables.
(a) Type “A” vessel. (1) The tabular freeboard for Type “A” vessel shall be determined from table 42.20-15(a)(1):
Table 42.20-15( a )(1)—Freeboard Table for Type “A” Vessels
1 Freeboards at intermediate lengths of vessels shall be obtained by linear interpolation.
2 Vessels above 1,200 feet in length shall be dealt with by the Commandant.
(b) Type “B” vessels. (1) The tabular freeboard for Type “B” vessels shall be determined from table 42.20-15(b)(1):
Table 42.20-15( b )(1)—Freeboard Table for Type “B” Vessels
1 Freeboards at intermediate lengths of vessel shall be obtained by linear interpolation.
2 Vessels above 1,200 feet in length shall be dealt with by the Commandant.
§ 42.20-20   Correction to the freeboard for vessels under 328 feet in length.
(a) The tabular freeboard for a Type “B” vessel of between 79 feet and 328 feet in length having enclosed superstructures with an effective length of up to 35 percent of the length of the vessel shall be increased by:
§ 42.20-25   Correction for block coefficient.
If the block coefficient (Cb) exceeds 0.68, the tabular freeboard specified in § 42.20-15 as modified, if applicable, by §§ 42.20-5 (b) and (d), and 42.20-20(a) must be multiplied by the factor (Cb + 0.68)/1.36.
§ 42.20-30   Correction for depth.
(a) Where D exceeds L 1/15 the freeboard shall be increased by [ D −( L /15)] R inches, where R is L /131.2 at lengths less than 393.6 feet and 3 at 393.6 feet length and above.
(b) Where D is less than L /15 no reduction shall be made except in a vessel with an enclosed superstructure covering at least 0.6 L amidships, with a complete trunk, or combination of detached enclosed superstructures and trunks which extend all fore and aft, where the freeboard shall be reduced at the rate prescribed in paragraph (a) of this section.
(c) Where the height of superstructure or trunk is less than the standard height, the reduction shall be in the ratio of the actual to the standard height as defined in § 42.20-40.
§ 42.20-35   Correction for position of deck line.
(a) Where the actual depth to the upper edge of the deck line is greater or less than D, the difference between the depths shall be added to or deducted from the freeboard.
§ 42.20-40   Standard height of superstructure.
(a) The standard height of a superstructure shall be as given in table 42.20-40(a):
Table 42.20-40( a ) Standard Heights (in Feet) 1
1 The standard heights at intermediate lengths of the vessel shall be obtained by linear interpolation.
§ 42.20-45   Length of superstructure.
(a) Except as provided in paragraph (b) of this section, the length of a superstructure ( S ) shall be the mean length of the parts of the superstructure which lie within the length ( L ).
(b) Where the end bulkhead of an enclosed superstructure extends in a fair convex curve beyond its intersection with the superstructure sides, the length of the superstructure may be increased on the basis of an equivalent plane bulkhead. This increase shall be two-thirds of the fore and aft extent of curvature. The maximum curvature which may be taken into account in determining this increase is one-half the breadth of the superstructure at the point of intersection of the curved end of the superstructure with its side.
§ 42.20-50   Effective length of superstructure.
(a) Except as provided for in paragraph (b) of this section the effective length ( E ) of an enclosed superstructure of standard height shall be its length.
(b) In all cases where an enclosed superstructure of standard height is set in from the sides of the vessel as permitted in § 42.13-15(j), the effective length shall be the length modified by the ratio of b/Bs,
(1) Where a superstructure is set in for a part of its length, this modification shall be applied only to the set in part.
(c) Where the height of an enclosed superstructure is less than the standard height, the effective length shall be its length reduced in the ratio of the actual height to the standard height. Where the height exceeds the standard, no increase shall be made to the effective length of the superstructure.
(d) The effective length of a raised quarter deck if fitted with an intact front bulkhead, shall be its length up to a maximum of 0.6 L. Where the bulkhead is not intact, the raised quarter deck shall be treated as a poop of less than standard height.
(e) Superstructures which are not enclosed shall have no effective length.
§ 42.20-55   Trunks.
(a) A trunk or similar structure which does not extend to the sides of the vessel shall be regarded as efficient on the following conditions:
(1) The trunk is at least as strong as a superstructure;
(2) The hatchways are in the trunk deck, and the hatchway coamings and covers comply with the requirements of §§ 42.15-15 to 42.15-30, inclusive, and the width of the trunk deck stringer provides a satisfactory gangway and sufficient lateral stiffness; however, small access openings with watertight covers may be permitted in the freeboard deck;
(3) A permanent working platform fore and aft fitted with guard rails is provided by the trunk deck, or by detached trunks connected to superstructures by efficient permanent gangways;
(4) Ventilators are protected by the trunk by watertight covers or by other equivalent means;
(5) Open rails are fitted on the weather parts of the freeboard deck in way of the trunk for at least half their length;
(6) The machinery casings are protected by the trunk, by a superstructure of at least standard height, or by a deckhouse of the same height and of equivalent strength;
(7) The breadth of the trunk is at least 60 percent of the breadth of the vessel; and,
(8) Where there is no superstructure, the length of the trunk is at least 0.6 L.
(b) The full length of an efficient trunk reduced in the ratio of its mean breadth to B shall be its effective length.
(c) The standard height of a trunk is the standard height of a superstructure other than a raised quarter deck.
(d) Where the height of a trunk is less than the standard height, its effective length shall be reduced in the ratio of the actual to the standard height. Where the height of hatchway coamings on the trunk deck is less than that required under § 42.15-25(a), a reduction from the actual height of trunk shall be made which corresponds to the difference between the actual and required height of coaming.
§ 42.20-60   Deduction for superstructures and trunks.
(a) Where the effective length of superstructures and trunks is 1.0 L, the deduction from the freeboard shall be 14 inches at 79 feet length of vessel, 34 inches at 279 feet length, and 42 inches at 400 feet length and above; deductions at intermediate lengths shall be obtained by linear interpolation.
(b) Where the total effective length of superstructures and trunks is less than 1.0 L the deduction shall be a percentage obtained from table 42.20-60(b)(1) or table 42.20-60(b)(2):
Table 42.20-60( b )(1)—Percentage of Deduction For Type “A” Vessels
1 Percentages at intermediate lengths of superstructures and trunks shall be obtained by linear interpolation.
Table 42.20-60( b )(2)—Percentage of Deduction for Type “B” Vessels
[ Percentage of deduction 1 ]
1 Percentages at intermediate lengths of superstructures and trunks shall be obtained by linear interpolation.
(c) For vessels of Type “B”:
(1) Where the effective length of a bridge is less than 0.2 L, the percentages shall be obtained by linear interpolation between lines I and II;
(2) Where the effective length of a forecastle is more than 0.4 L, the percentages shall be obtained from line II; and,
(3) Where the effective length of a forecastle is less than 0.07 L, the percentages in table 42.20-60(b)(2) of this paragraph shall be reduced by:
§ 42.20-65   Sheer.
(a) General. (1) The sheer shall be measured from the deck at side to a line of reference drawn parallel to the keel through the sheer line amidships.
(2) In vessels designed with a rake of keel, the sheer shall be measured in relation to a reference line drawn parallel to the design load waterline.
(3) In flush deck vessels and in vessels with detached superstructures the sheer shall be measured at the freeboard deck.
(4) In vessels with topsides of unusual form in which there is a step or break in the topsides, the sheer shall be considered in relation to the equivalent depth amidships.
(5) In vessels with a superstructure of standard height which extends over the whole length of the freeboard deck, the sheer shall be measured at the superstructure deck. Where the height exceeds the standard the least difference ( Z ) between the actual and standard heights shall be added to each end ordinate. Similarly, the intermediate ordinates at distances of 1/6 L and 1/3 L from each perpendicular shall be increased by 0.444Z and 0.111Z respectively.
(6) Where the deck of an enclosed superstructure has at least the same sheer as the exposed freeboard deck, the sheer of the enclosed portion of the freeboard deck shall not be taken into account.
(7) Where an enclosed poop or forecastle is of standard height with greater sheer than that of the freeboard deck, or is of more than standard height, an addition to the sheer of the freeboard deck shall be made as provided in paragraph (c)(4) of this section.
(b) Standard sheer profile. (1) The ordinates of the standard sheer profile are given in table 42.20-65(b)(1):
Table 42.20-65( b )(1)—Standard Sheer Profile
[Where L is in feet]
(c) Measurement of variation from standard sheer profile. (1) Where the sheer profile differs from the standard, the four ordinates of each profile in the forward or after half shall be multiplied by the appropriate factors given in the table of ordinates. The difference between the sums of the respective products and those of the standard divided by 8 measures the deficiency or excess of sheer in the forward or after half. The arithmetical mean of the excess or deficiency in the forward and after halves measures the excess or deficiency of sheer.
(2) Where the after half of the sheer has an excess and the forward half of the sheer has a deficiency, no credit shall be allowed for the part in excess and deficiency only shall be measured.
(3) Where the forward half of the sheer profile exceeds the standard, and the after portion of the sheer profile is not less than 75 percent of the standard, credit shall be allowed for the part in excess; where the after part is less than 50 percent of the standard, no credit shall be given for the excess sheer forward. Where the after sheer is between 50 percent and 75 percent of the standard, intermediate allowances may be granted for excess sheer forward.
(4) Where sheer credit is given for a poop or forecastle, the following formula shall be used:
(i) The formula in this paragraph (c)(4) of this section provides a curve in the form of a parabola tangent to the actual sheer curve at the freeboard deck and intersecting the end ordinate at a point below the superstructure deck a distance equal to the standard height of a superstructure. The superstructure deck shall not be less than standard height above this curve at any point. This curve shall be used in determining the sheer profile for forward and after halves of the vessel.
(d) Correction for variations from standard sheer profile. (1) The correction for sheer shall be the deficiency or excess of sheer (see paragraphs (c) (1) to (4) inclusive of this section) multiplied by:
(e) Addition for deficiency in sheer. (1) Where the sheer is less than the standard, the correction for deficiency in sheer (see paragraph (d)(1) of this section) shall be added to the freeboard.
(f) Deduction for excess sheer. (1) In vessels where an enclosed superstructure covers 0.1 L before and 0.1 L abaft amidships, the correction for excess of sheer as calculated under the provisions of paragraph (d)(1) of this section shall be deducted from the freeboard; in vessels where no enclosed superstructure covers amidships, no deduction shall be made from the freeboard; where an enclosed superstructure covers less than 0.1 L before and 0.1 L abaft amidships, the deduction shall be obtained by linear interpolation. The maximum deduction for excess sheer shall be at the rate of 1 1/2 inches per 100 feet of length.
§ 42.20-70   Minimum bow height.
(a) The bow height defined as the vertical distance at the forward perpendicular between the waterline corresponding to the assigned summer freeboard and the designed trim and the top of the exposed deck at side shall be not less than:
(1) For vessels below 820 feet in length,
(2) For vessels of 820 feet and above in length,
(b) Where the bow height required in paragraph (a) of this section is obtained by sheer, the sheer shall extend for at least 15 percent of the length of the vessel measured from the forward perpendicular. Where it is obtained by fitting a superstructure, such superstructure shall extend from the stem to a point at least 0.07 L abaft the forward perpendicular, and it shall comply with the following requirements:
(1) For vessels not over 328 feet in length it shall be enclosed as defined in § 42.13-15(j); and,
(2) For vessels over 328 feet in length it need not comply with § 42.13-15(j) but shall be fitted with closing appliances to the satisfaction of the assigning authority.
(c) Vessels which, to suit exceptional operational requirements, cannot meet the requirements of paragraphs (a) and (b) of this section may be given special consideration by the assigning authority.
§ 42.20-75   Minimum freeboards.
(a) Summer freeboard. (1) The minimum freeboard in summer must be the freeboard derived from the tables in § 42.20-15 as modified by the corrections in §§ 42.20-3 and 42.20-5, as applicable, and §§ 42.20-20, 42.20-25, 42.20-30, 42.20-35, 42.20-60, 42.20-65 and, if applicable, § 42.20-70.
(2) The freeboard in salt water, as calculated in accordance with paragraph (a)(1) of this section, but without the correction for deck line, as provided by § 42.20-35, shall not be less than 2 inches. For vessels having in position 1 hatchways with covers which do not comply with the requirements of §§ 42.15-25(d)(1), 42.15-30, or 42.15-80, the freeboard shall be not less than 6 inches.
(b) Tropical freeboard. (1) The minimum tropical freeboard shall be the freeboard obtained by a deduction from the summer freeboard of one forty-eighth of the summer draft measured from the top of the keel to the center of the ring of the load line mark.
(2) The freeboard in salt water, as calculated in accordance with paragraph (b)(1) of this section, but without the correction for deck line, as provided by § 42.20-35, shall not be less than 2 inches. For vessels having in position 1 hatchways with covers which do not comply with the requirements of § 42.15-25(d)(1), § 42.15-30, or § 42.15-80, the freeboard shall be not less than 6 inches.
(c) Winter freeboard. (1) The minimum winter freeboard shall be the freeboard obtained by an addition to the summer freeboard of one forty-eighth of summer draft, measured from the top of the keel to the center of the ring of the load line mark.
(d) Winter North Atlantic freeboard. (1) The minimum freeboard for vessels of not more than 328 feet in length which enter any part of the North Atlantic defined in § 42.30-35 during the winter seasonal period shall be the winter freeboard plus 2 inches. For other vessels the winter North Atlantic freeboard shall be the winter freeboard.
(e) Fresh water freeboard. (1) The minimum freeboard in fresh water of unit density shall be obtained by deducting from the minimum freeboard in salt water:
(2) Where the displacement at the summer load waterline cannot be certified, the deduction shall be one forty-eighth of summer draft, measured from the top of the keel to the center of the ring of the load line mark.
§ 42.25-1   Application of this subpart.
(a) The provisions of this subpart 42.25 apply only to vessels to which timber load lines are assigned.
§ 42.25-5   Definitions of terms used in this subpart.
(a) Timber deck cargo. The term “timber deck cargo” means a cargo of timber carried on an uncovered part of a freeboard or superstructure deck. The term does not include wood pulp or similar cargo.
(b) Timber load line. A timber deck cargo may be regarded as giving a vessel a certain additional buoyancy and a greater degree of protection against the sea. For that reason, vessels carrying a timber deck cargo may be granted a reduction of freeboard calculated according to the provisions of § 42.25-20 and marked on the vessel's side in accordance with the provisions of § 42.13-30(c) and (d). However, in order that such special freeboard may be granted and used, the timber deck cargo shall comply with certain conditions which are laid down in § 42.25-15, and the vessel itself shall also comply with certain conditions relating to its construction which are set out in § 42.25-10.
§ 42.25-10   Construction of vessel.
(a) Superstructure. (1) Vessels, shall have a forecastle of at least standard height and a length of at least 0.07 L. In addition, if the vessel is less than 328 feet in length, a poop of at least standard height, or a raised quarter deck with either a deckhouse or a strong steel hood of at least the same total height shall be fitted aft.
(b) Double bottom tanks. (1) Double bottom tanks where fitted within the midship half length of the vessel shall have adequate watertight longitudinal subdivision.
(c) Bulwarks. (1) The vessel shall be fitted either with permanent bulwarks at least 39 1/2 inches in height, specially stiffened on the upper edge and supported by strong bulwark stays attached to the deck and provided with necessary freeing ports, or with efficient rails of the same height and of specially strong construction.
§ 42.25-15   Stowage.
(a) General. (1) Openings in the weather deck over which cargo is stowed shall be securely closed and battened down. The ventilators shall be efficiently protected.
(2) Timber deck cargo shall extend over at least the entire available length which is the total length of the well or wells between superstructures. Where there is no limiting superstructure at the after end, the timber shall extend at least to the after end of the aftermost hatchway. The timber shall be stowed as solidly as possible, to at least the standard height of a superstructure other than a raised quarter deck.
(3) On a vessel within a seasonal winter zone in winter, the height of the deck cargo above the weather deck shall not exceed one-third of the extreme breadth of the vessel.
(4) The timber deck cargo shall be compactly stowed, lashed, and secured. It shall not interfere in any way with the navigation and necessary work of the vessel.
(b) Upright. (1) Uprights, when required by the nature of the timber, shall be of adequate strength considering the breadth of the vessel; the spacing shall be suitable for the length and character of timber carried, but shall not exceed 9.8 feet. Strong angles or metal sockets or equally efficient means shall be provided for securing the uprights.
(c) Lashings. (1) Timber deck cargo shall be efficiently secured throughout its length by independent overall lashings spaced not more than 9.8 feet apart. Eye plates for these lashings shall be efficiently attached to the sheer strake or to the deck stringer plate at intervals of not more than 9.8 feet. The distance from an end bulkhead of a superstructure to the first eye plate shall be not more than 6.6 feet. Eye plates and lashings shall be provided 23 1/2 inches and 4.9 feet from the ends of timber deck cargoes where there is no bulkhead.
(2) Lashings shall be not less than 3/4 -inch close link chain or flexible wire rope of equivalent strength, fitted with sliphooks and turnbuckles, which shall be accessible at all times. Wire rope lashings shall have a short length of long link chain to permit the length of lashings to be regulated.
(3) When timber is in lengths less than 11.8 feet the spacing of the lashings shall be reduced or other suitable provisions made to suit the length of timber.
(4) All fittings required for securing the lashings shall be of strength corresponding to the length of the lashings.
(d) Stability. (1) Provision shall be made for a safe margin of stability at all stages of the voyage, regard being given to additions of weight, such as those due to absorption of water and icing and to losses of weight such as those due to consumption of fuel and stores.
(e) Protection of crew, access to machinery spaces, etc. (1) In addition to the requirements of § 42.15-75(e) guardrails or life lines spaced not more than 13 inches apart vertically shall be provided on each side of the deck cargo to a height of at least 39 1/2 inches above the cargo.
(f) Steering arrangements. (1) Steering arrangements shall be effectively protected from damage by cargo and, as far as practicable, shall be accessible. Efficient provision, shall be made for steering in the event of a breakdown in the main steering arrangements.
§ 42.25-20   Computation for freeboard.
(a) The minimum summer freeboards must be computed in accordance with §§ 42.20-5 (a) and (b), 42.20-13, 42.20-15, 42.20-20, 42.20-25, 42.20-30, 42.20-35, 42.20-60, and 42.20-65, except that § 42.20-60 is modified by substituting the percentages in table 42.25-20(a) for those given in § 42.20-60:
Table 42.25-20( a )—Percentage of Deduction for Superstructure
[Total Effective Length of Superstructure]
1 Percentages at intermediate lengths of superstructures shall be obtained by linear interpolation.
(b) The winter timber freeboard shall be obtained by adding to the summer timber freeboard one thirty-sixth of the molded summer timber draft.
(c) The winter North Atlantic timber freeboard shall be the same as the winter North Atlantic freeboard prescribed in § 42.20-75(d)(1).
(d) The tropical timber freeboard shall be obtained by deducting from the summer timber freeboard one forty-eighth of the molded summer timber draft.
(e) The fresh water timber freeboard shall be computed in accordance with § 42.20-75(e) (1) or (2) based on the summer timber load waterline.
§ 42.30-1   Basis.
(a) The zones and areas in this subpart are, in general, based on the following criteria:
(1) Summer: not more than 10 percent winds of force 8 Beaufort (34 knots) or more.
(2) Tropical: not more than 1 percent winds of force 8 Beaufort (34 knots) or more. Not more than one tropical storm in 10 years in an area of 5° square in any 1 separate calendar month.
(b) In certain special areas, for practical reasons, some degree of relaxation has been found acceptable.
(c) A chart is attached to the International Convention on Load Lines, 1966, which illustrates the zones and areas defined in this Convention and in this subpart.
§ 42.30-5   Northern Winter Seasonal Zones and area.
(a) North Atlantic Winter Seasonal Zones I and II. (1) The North Atlantic Winter Seasonal Zone I lies within the meridian of longitude 50° W. from the coast of Greenland to latitude 45° N.; thence the parallel of latitude 45° N. to longitude 15° W.; thence the meridian of longitude 15° W. to latitude 60° N.; thence the parallel of latitude 60° N. to the Greenwich Meridian, thence this meridian northwards.
(i) Seasonal periods:
(2) The North Atlantic Winter Seasonal Zone II lies within the meridian of longitude 68°30′ W. from the coast of the United States to latitude 40° N.; thence the rhumb line to the point latitude 36° N., longitude 73° W.; thence the parallel of latitude 36° N. to longitude 25° W.; and thence the rhumb line to Cape Torinana. Excluded from this zone are the North Atlantic Winter Seasonal Zone I and the Baltic Sea bounded by the parallel of the latitude of The Skaw in the Skagerrak.
(i) Seasonal periods:
(b) North Atlantic Winter Seasonal Area. (1) The boundary of the North Atlantic Winter Seasonal Area is the meridian of longitude 68°30′ W. from the coast of the United States to latitude 40° N.; thence the rhumb line to the southernmost intersection of the meridian of longitude 61° W. with the coast of Canada; and thence the east coasts of Canada and the United States.
(i) Seasonal periods:
( a ) For vessels over 328 feet in length:
( b ) For vessels of 328 feet and under in length:
(c) North Pacific Winter Seasonal Zone. The southern boundary of the North Pacific Winter Seasonal Zone is the parallel of latitude 50° N. from the east coast of the Union of Soviet Socialist Republics, to the west coast of Sakhalin; thence the west coast of Sakhalin to the southern extremity of Cape Kril'on: thence the rhumb line to Wakkanai, Hokkaido, Japan; thence the east and south coasts of Hokkaido to longitude 145° E., thence the meridian of longitude 145° E. to latitude 35° N., thence the parallel of latitude 35° N. to longitude 150° W. and thence the rhumb line to the southern extremity of Dall Island, Alaska.
(1) Seasonal periods:
§ 42.30-10   Southern Winter Seasonal Zone.
(a) The northern boundary of the Southern Winter Seasonal Zone is the rhumb line from the east coast of the American continent at Cape Tres Puntas to the point latitude 34° S., longitude 50° W.; thence the parallel of latitude 34° S. to longitude 17° E.; thence the rhumb line to the point latitude 35°10′ S., longitude 20° E.; thence the rhumb line to the point latitude 34° S. longitude 28° E.; thence along the rhumb line to the point latitude 35°30′ S., longitude 118° E.; thence the rhumb line to Cape Grim on the northwest coast of Tasmania; thence along the north and east coasts of Tasmania to the southernmost point of Bruny Island; thence the rhumb line to Black Rock Point on Stewart Island; thence the rhumb line to the point latitude 47° S., longitude 170° E.; thence along the rhumb line to the point latitude 33° S., longitude 170° W.; and thence the parallel of latitude 33° S. to the west coast of the American continent.
(1) Valparaiso is to be considered as being on the boundary line of the Summer and the Winter Seasonal Zones.
(2) Seasonal periods:
§ 42.30-15   Tropical Zone.
(a) Northern boundary of the Tropical Zone. The northern boundary of the Tropical Zone is the parallel of latitude 13° N. from the east coast of the American continent to longitude 60° W.; thence the rhumb line to a point in latitude 10° N., longitude 58° W.; thence the parallel of latitude 10° N. to longitude 20° W.; thence the meridian of longitude 20° W. to latitude 30° N.; thence the parallel of latitude 30° N. to the west coast of Africa; from the east coast of Africa the parallel of latitude 8° N. to longitude 70° E.; thence the meridian of longitude 70° E. to latitude 13° N.; thence the parallel of latitude 13° N. to the west coast of India; thence around the south coast of India to latitude 10°30′ N. on the east coast of India; thence the rhumb line to a point in latitude 9° N., longitude 82° E.; thence the meridian of longitude 82° E. to latitude 8° N.; thence the parallel of latitude 8° N. to the west coast of Malaysia; thence the coast of Southeast Asia to the east coast of Vietnam at latitude 10° N.; thence the parallel of latitude 10° N. to longitude 145° E.; thence the meridian of longitude 145° E. to latitude 13° N.; and thence the parallel of latitude 13° N. to the west coast of the American continent.
(1) Saigon is to be considered as being on the boundary line of the Tropical Zone and the Seasonal Tropical Area.
(b) Southern boundary of the Tropical Zone. The southern boundary of the Tropical Zone is the rhumb line from the Port of Santos, Brazil, to the point where the meridian of longitude 40° W. intersects the Tropic of Capricorn; thence the Tropic of Capricorn to the west coast of Africa; from the east coast of Africa the parallel of latitude 20° S. to the west coast of Madagascar; thence the west and north coasts of Madagascar to longitude 50° E.; thence the meridian of longitude 50° E. to latitude 10° S.; thence the parallel of latitude 10° S. to longitude 98° E.; thence the rhumb line to Port Darwin, Australia; thence the coasts of Australia and Wessel Island eastwards to Cape Wessel; thence the parallel of latitude 11° S. to the west side of Cape York; from the east side of Cape York the parallel of latitude 11° S. to longitude 150° W.; thence the rhumb line to the point latitude 26° S., longitude 75° W.; and thence the rhumb line to the west coast of the American continent at latitude 30° S.
(1) Coquimbo and Santos are to be considered as being on the boundary line of the Tropical and Summer Zones.
(c) Areas to be included in the Tropical Zone. The following areas are to be treated as included in the Tropical Zone:
(1) The Suez Canal, the Red Sea, and the Gulf of Aden, from Port Said to the meridian of longitude 45° E.
(i) Aden and Berbera are to be considered as being on the boundary line of the Tropical Zone and the Seasonal Tropical Area.
(2) The Persian Gulf of the meridian of longitude 59° E.
(3) The area bounded by the parallel of latitude 22° S. from the east coast of Australia to the Great Barrier Reef, thence the Great Barrier Reef to latitude 11° S. The northern boundary of the area is the southern boundary of the Tropical Zone.
§ 42.30-20   Seasonal Tropical Areas.
The following are Seasonal Tropical Areas:
(a) In the North Atlantic. It is an area bounded on the north by the rhumb line from Cape Catoche, Yucatan, to Cape San Antonio, Cuba, the north coast of Cuba to latitude 20° N., thence the parallel of latitude 20° N. to longitude 20° W.; on the west by the coast of the American continent; on the south and east by the northern boundary of the Tropical Zone.
(1) Seasonal periods:
(b) In the Arabian Sea. An area bounded on the west by the coast of Africa, the meridian of longitude 45° E. in the Gulf of Aden, the coast of South Arabia and the meridian of longitude 59° E. in the Gulf of Oman; on the north and east by the coasts of Pakistan and India; on the south by the northern boundary of the Tropical Zone.
(1) Seasonal periods:
(c) In the Bay of Bengal. The Bay of Bengal north of the northern boundary of the Tropical Zone.
(1) Seasonal periods:
(d) In the South Indian Ocean. (1) An area bounded on the north and west by the southern boundary of the Tropical Zone and the east coast of Madagascar; on the south by the parallel of latitude 20° S.; on the east by the rhumb line from a point in latitude 20° S., longitude 50° E., to a point in latitude 15° S., longitude 51°30′ E., and thence by the meridian of longitude 51°30′ E. to latitude 10° S.
(i) Seasonal periods:
(2) An area bounded on the north by the southern boundary of the Tropical Zone; on the east by the coast of Australia; on the south by the parallel of latitude 15° S. from longitude 51°30′ E., to longitude 120° E. and thence the meridian of longitude 120° E. to the coast of Australia; on the west by the meridian of longitude 51°30′ E.
(i) Seasonal periods:
(e) In the China Sea. An area bounded on the west and north by the coasts of Vietnam and China from latitude 10° N. to Hong Kong; on the east by the rhumb line from Hong Kong to the Port of Sual (Luzon Island), and the west coasts of the Islands of Luzon, Samar, and Leyte to latitude 10° N.; on the south by the parallel of latitude 10° N.
(1) Hong Kong and Sual are to be considered as being on the boundary of the Seasonal Tropical Area and Summer Zone.
(2) Seasonal periods:
(f) In the North Pacific. (1) An area bounded on the north by the parallel of latitude 25° N.; on the west by the meridian of longitude 160° E.; on the south by the parallel of latitude 13° N.; on the east by the meridian of longitude 130° W.
(i) Seasonal periods:
(2) An area bounded on the north and east by the west coast of the American continent; on the west by the meridian of longitude 123° W. from the coast of the American continent to latitude 33° N., longitude 123° W.; to the point latitude 13° N., longitude 105° W.; on the south by the parallel of latitude 13° N.
(i) Seasonal periods:
(g) In the South Pacific. (1) The Gulf of Carpentaria south of latitude 11° S.
(i) Seasonal periods:
(2) An area bounded on the north and east by the southern boundary of the Tropical Zone; on the south by the Tropic of Capricorn from the east coast of Australia to longitude 150° W.; thence by the meridian of longitude 150° W. to latitude 20° S. and thence by the parallel of latitude 20° S. to the point where it intersects the southern boundary of the Tropical Zone; on the west by the boundaries of the area within the Great Barrier Reef included in the Tropical Zone, and by the east coast of Australia.
(i) Seasonal periods:
§ 42.30-25   Summer Zones.
(a) The remaining areas constitute the Summer Zones.
(1) However, for vessels of 328 feet and under in length, the area bounded on the north and west by the east coast of the United States; on the east by the meridian of longitude 68°30′ W. from the coast of the United States to latitude 40° N. and thence by the rhumb line to the point latitude 36° N., longitude 73° W.; on the south by the parallel of latitude 36° N.; is a Winter Seasonal Area.
(i) Seasonal periods:
§ 42.30-30   Enclosed seas.
(a) Baltic Sea. This sea bounded by the parallel of latitude of The Skaw in the Skagerrak is included in the Summer Zones.
(1) However, for vessels of 328 feet and under in length, it is a Winter Seasonal Area.
(i) Seasonal periods:
(b) Black Sea. This sea is included in the Summer Zones.
(1) However, for vessels of 328 feet and under in length, the area north of latitude 44° N. is a Winter Seasonal Area.
(i) Seasonal periods:
(c) Mediterranean. This sea is included in the Summer Zones.
(1) However, for vessels of 328 feet and under in length, the area bounded on the north and west by the coasts of France and Spain and the meridian of longitude 3° E. from the coast of Spain to latitude 40° N.; on the south by the parallel of latitude 40° N. from longitude 3° E. to the west coast of Sardinia; on the east by the west and north coasts of Sardinia from latitude 40° N. to longitude 9° E., thence by the meridian of longitude 9° E. to the south coast of Corsica, thence by the west and north coasts of Corsica to longitude 9° E. and thence by the rhumb line to Cape Sicie; is a Winter Seasonal Area.
(i) Seasonal periods:
(d) Sea of Japan. This sea south of the parallel of latitude 50° N. is included in the Summer Zones.
(1) However, for vessels of 382 feet and under in length, the area between the parallel of latitude 50° N. and the rhumb line from the east coast of Korea at latitude 38° N. to the west coast of Hokkaido, Japan, at latitude 43°12′ N., is a Winter Seasonal Area.
(i) Seasonal periods:
§ 42.30-35   The Winter North Atlantic Load Line.
(a) The part of the North Atlantic referred to in § 42.20-75(d)(1) comprises:
(1) That part of the North Atlantic Winter Seasonal Zone II which lies between the meridians of 15° W. and 50° W.; and
(2) The whole of the North Atlantic Winter Seasonal Zone I, the Shetland Islands to be considered as being on the boundary.
§ 42.50-1   General.
(a) The provisions of this subpart set forth the requirements for the text of the various load line certificates issued to vessels complying with the applicable requirements in this part. See §§ 42.07-35 and 42.07-40 for requirements regarding load line assigning and issuing authorities. See § 42.07-45 for requirements regarding load line certificates, their text and arrangement.
(b) The 1966 international load line certificate and exemption certificate shall be the same as set forth in this subpart in the model Forms A1, A2, A3, and E1, except for the following authorized variations which shall also apply to model Forms B, C1, C2, and C3:
(1) As indicated in § 42.13-30, the freeboards and load line marks which are not applicable to a specific vessel need not be entered on the certificate issued.
(2) The provisions of Note 3 on the front of the certificate forms (other than Model E1) may be changed to correctly describe the situation applicable to the vessel concerning information and instructions furnished the master about loading and ballasting the vessel to provide a guide as to stability under various conditions and as to avoid unacceptable stresses in the vessel's structure.
(c) In the load line certificate the assigning and issuing authority shall set forth its full official designation; i.e., its legal name, address of home office, and reference to the authorization from the Commandant where an assigning and issuing authority other than the American Bureau of Shipping is designated.
§ 42.50-5   International load line certificates.
(a) The various forms of certificates certifying to the correctness of the load line marks assigned under the regulations in this subchapter and/or certain exemptions therefrom for U.S.-flag vessels engaged in foreign voyages, or engaged in coastwise or intercoastal voyages (provided such vessels qualify to engage in foreign voyages without restriction), are A1, A2, A3, and E1. The detailed application of these forms is as specified in § 42.07-45 (e), (f), and (h).
(b) The text and arrangement of the printed portions of Form A1 (printed front and back) are as follows:
(Official seal of issuing authority.)
(Certificate No. ______)
Issued under the provisions of the International Convention on Load Lines, 1966, under the authority of the Government of the United States of America, and the Commandant, U.S. Coast Guard:
By
and duly authorized for assigning purposes under the provisions of the Convention.
The upper edge of the deck line from which these freeboards are measured is ____ inches above or below the top of the ____ deck at side; i.e., freeboard 1 deck.
Date of initial or periodical survey ________________
This is to certify that this ship has been surveyed and that the freeboards have been assigned and load lines shown above have been marked in accordance with the International Convention on Load Lines, 1966.
This certificate is valid until ________, 2 subject to annual surveys in accordance with Article 14(1)(c) of the Convention, and endorsement thereof on the reverse side of the certificate.
Issued at __________________ (Place of issue of certificate), ____________________, 19____ (Date of issue)
The undersigned declares that he is duly authorized by the said Government to issue this certificate.
1. When a ship 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 point of departure and the sea.
2. When a ship is in fresh water of unit density, the appropriate load line may be submerged by the amount of the fresh water allowance shown above. Where the density is other than unity, an allowance shall be made proportional to the difference between 1.025 and the actual density.
3. It is the owner's responsibility to furnish the master with information and instructions for loading and ballasting this vessel to provide guidance as to stability of the vessel under varying conditions of service and to avoid unacceptable stresses in the vessel's structure.
1 The issuing authority is authorized to delete or change words whenever it is inapplicable to a specific vessel and to arrange wording so appropriate word insertions may be made, which accurately describe the facts.
2 At the expiration of this certificate, applicable reissuance should be obtained in accordance with the Load Line Regulations.
This is to certify that at an annual survey required by Article 14(1)(c) of the Convention, this ship was found to comply with the relevant provisions of the Convention.
4. The Winter North Atlantic Load Line applies only to vessels of 328 feet in length or less, which enter any part of the North Atlantic Ocean during the winter months as defined by the Load Line Regulations in 46 CFR 42.30-5 and 42.30-35. The periods during which the other seasonal load lines apply in different parts of the world are as stated in the Load Line Regulations in 46 CFR 42.30-5 to 42.30-30, inclusive.
5. The Load Line Certificate will be canceled by the Commandant, U.S. Coast Guard, if:
(a) The annual surveys have not been carried out within 3 months either way of each anniversary of the certificate date.
(b) The certificate is not endorsed to show that the ship has been surveyed as indicated in (a).
(c) Material alterations have been made to the hull or superstructure of the vessel, such as would necessitate the assignment of an increased freeboard.
(d) The fittings and appliances for the protection of the openings, guardrails, freeing ports, or the means of access to the crew's quarters have not been maintained in as effective a condition as they were when the certificate was issued.
(e) The structural strength of the ship is lowered to such an extent that the ship is unsafe.
6. When this certificate has expired or has been canceled, it must be delivered to the issuing authority.
(c) The text and arrangement of the printed portion of Form A2 shall be identical with the information on the face and reverse sides of Form A1 certificate in paragraph (b) of this section except for the identification of model form, description of the “Freeboard from deck line,” the “Load Line,” and the illustration of load line marks, which shall be as follows:
The upper edge of the deck line from which these freeboards are measured is ____ inches above or below the top of the ________ deck at side; i.e., freeboard 1 deck.
1 The issuing authority is authorized to delete or change words whenever it is inapplicable to a specific vessel and to arrange wording so appropriate word insertions may be made, which accurately describe the facts.
(d) The text and arrangement of the printed portion of Form A3 shall be identical with the information on the face and reverse sides of Form A1 certificate in paragraph (b) of this section except for the identification of model form, description of the “Freeboard from deck line,” the “Load Line,” and the illustration of load line marks, which shall be as follows:
The timber freeboards given in this certificate are applicable only when this ship carries a timber deck cargo and complies with special requirements of the Load Line Regulations regarding timber deck cargoes.
The upper edge of the deck line from which these freeboards are measured is ____ inches above or below the top of the ________ deck at side; i.e., freeboard 1 deck.
1 The issuing authority is authorized to delete or change words whenever it is inapplicable to a specific vessel and to arrange wording so appropriate word insertions may be made, which accurately describe the facts.
(e) The text and arrangement of the printed portions of Form E1 are as follows:
(Official seal of issuing authority.)
(Certificate No. ____)
Issued under the provisions of the International Convention on Load Lines, 1966, under the authority of the Government of the United States of America, and the Commandant U.S. Coast Guard:
and duly authorized for assigning and exemption purposes under the provisions of the Convention.
This is to certify that the above-mentioned ship is exempted from the provisions of the 1966 Convention, under the authority conferred by Article 6(2), 1 Article 6(4), 1 of the Convention referred to above and that this ship has been surveyed accordingly.
The provisions of the Convention from which the ship is exempted under Article 6(2) are:
The voyage for which exemption is granted under Article 6(4) is:
Conditions, if any, on which the exemption is granted under either Article 6(2) or Article 6(4):
This certificate is valid until ________, 2 subject, where appropriate, to annual surveys in accordance with Article 14(1)(c) of the Convention, and endorsement thereof on the reverse side of the certificate.
Issued at
The undersigned declares that he is duly authorized by the said Government to issue this certificate.
1 The issuing authority is authorized to delete whichever reference is inapplicable.
2 At the expiration of this certificate, applicable reissuance should be obtained in accordance with the Load Line Regulations, if permitted.
This is to certify that this ship continues to comply with the conditions under which this exemption was granted.
This ship continues to comply with the conditions under which this exemption was granted and the validity of this certificate is, in accordance with Article 19(4)(a) of the Convention, extended until.
§ 42.50-10   Load line certificates for nonadherent foreign flag vessels.
(a) The form of load line certificate certifying to the correctness of the load line marks assigned under the regulations in this subchapter to nonadherent foreign flag vessels as specified in § 42.07-45(e)(2) is:
(1) Form B for general use. The period of validity shall be as expressed in § 42.09-20(c).
(b) The text and arrangement of the printed portion of Form B shall be identical with the information on the face and reverse sides of Form A1 certificate in § 42.50-5(b) except for title of certificate, model form, the first paragraph, and the wording of the certificate for issuance and revalidation, which shall be as follows:
(Official seal of issuing authority.)
(Certificate No. ____)
Issued under the authority of the Commandant, U.S. Coast Guard, United States of America, under the provisions of the Load Line Act of March 2, 1929, as amended (46 U.S.C. 85-85g), and the Load Line Regulations in 46 CFR part 42:
and duly authorized for assigning purposes under the provisions of the Load Line Act of March 2, 1929, as amended.
This is to certify that this ship has been surveyed and the freeboards have been assigned and load lines shown above have been marked upon the vessel in manner and location as required by the Load Line Regulations of the Commandant, U.S. Coast Guard, in 46 CFR part 42.
This certificate remains in force until ________, 2 subject to annual revalidation in accordance with the Load Line Regulations, and endorsement thereof on the reverse side of this certificate.
Issued at ________________________ (Place of issue of certificate), ____________________, 19____ (Date of issue)
authority]
2 Expiration date is not to exceed 5 years from original date of issue of this certificate. At expiration applicable reissuance of this certificate should be obtained in accordance with the Load Line Regulations.
This is to certify that the provisions of the Load Line Regulations of the Commandant, U.S. Coast Guard, are fully complied with by the condition of this ship on the dates indicated, and in each case this certificate is revalidated for a 1 year interval as follows:
§ 42.50-15   Coastwise load line certificates for U.S.-flag vessels.
(a) The forms of the coastwise load line certificate, other than for special service which are provided for in part 44 of this subchapter, certifying to the correctness of the load line marks assigned under the regulations in this part are C1, C2 and C3. The detailed application of these forms is as specified in § 42.07-45(e).
(b) Space shall be provided on the face of each of the coastwise load line certificates so that there may be entered thereon a record of the restrictions applicable to the vessel, if any.
(c) The text and arrangement of the printed portions of Form C1 are as follows:
(Official seal of issuing authority.)
(Certificate No. ____)
Issued under the authority of the Commandant, U.S. Coast Guard, under the provisions of the Coastwise Load Line Act, 1935, as amended (46 U.S.C. 88-88g), and the Load Line Regulations in 46 CFR part 42:
and duly authorized for assigning purposes under the provisions of this law for vessels engaging in coastwise and/or intercoastal voyages.
The upper edge of the deck line from which these freeboards are measured is ____ inches above or below the top of the ________ deck at side; i.e., freeboard 1 deck.
The following is a record of the restrictions applicable to the above named ship:
This is to certify that this ship has been surveyed and that the freeboards have been assigned and load lines shown above have been marked in accordance with the Commandant, U.S. Coast Guard, Coastwise Load Line Regulations in 46 CFR parts 42 to 46, inclusive as applicable.
This certificate remains in force until ________, 2 subject to annual surveys in accordance with applicable Load Line Regulations, and endorsement thereof on the reverse side of the certificate.
1. When a ship 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 point of departure and the sea.
2. When a ship is in fresh water of unit density the appropriate load line may be submerged by the amount of the fresh water allowance shown above. Where the density is other than unity, an allowance shall be made proportional to the difference between 1.025 and the actual density.
3. It is the owner's responsibility to furnish the master with information and instructions for loading and ballasting this vessel to provide guidance as to stability of the vessel under varying conditions of service and to avoid unacceptable stresses in the vessel's structure.
1 The issuing authority is authorized to delete or change words inapplicable to a specific vessel and to arrange wording so appropriate word insertions may be made, which accurately describe the facts.
2 At the expiration of this certificate, applicable reissuance should be obtained in accordance with the Load Line Regulations.
This is to certify that this ship has been surveyed on the dates indicated to determine in each case whether this certificate should remain in force for an additional 1 year and the survey has been completed to my satisfaction.
The provisions of the Coastwise Load Line Regulations of the Commandant, U.S. Coast Guard, being fully complied with by this ship, this certificate is extended under the authority of 46 CFR 42.07-45 and 42.09-15 until.
4. The periods and areas during which the seasonal load lines apply are as stated in the Load Line Regulations in 46 CFR subpart 42.30, as appropriate.
5. This Coastwise Load Line Certificate will be canceled by the Commandant, U.S. Coast Guard, if:
(a) The annual surveys have not been carried out within three months either way of each anniversary of the certificate date.
(b) The certificate is not endorsed to show that the ship has been surveyed as indicated in (a).
(c) Material alterations have been made to the hull or superstructure of the vessel, such as would necessitate the assignment of an increased freeboard.
(d) The fittings and appliances for the protection of the openings, guardrails, freeing ports, or the means of access to the crew's quarters have not been maintained in as effective a condition as they were when the certificate was issued.
(e) The structural strength of the ship is lowered to such an extent that the ship is unsafe.
6. When this certificate has expired or has been canceled, it must be delivered to the issuing authority.
(d) The text and arrangement of the printed portion of Form C2 shall be identical with the information on the face and reverse sides of Form C1 certificate in paragraph (c) of this section except for the identification of model form, description of the “Freeboard from deck line”, the “Load Line”, and the illustration of load line marks, which shall be as follows:
The upper edge of the deck line from which these freeboards are measured is ____ inches above or below the top of the ________ deck at side; i.e., freeboard 1 deck.
(e) The text and arrangement of the printed portion of Form C3 shall be identical with the information on the face and reverse sides of Form C1 certificate in paragraph (c) of this section except for the identification of model form, description of the “Freeboard from deck line,” the “Load Line,” and the illustration of load line marks, which shall be as follows:
The timber freeboards given in this certificate are applicable only when this ship carries a timber deck cargo and complies with the special requirements of the Load Line Regulations regarding timber deck cargoes.
The upper edge of the deck line from which these freeboards are measured is ____ inches above or below the top of the ________ deck at side; i.e., freeboard 1 deck.
1 The issuing authority is authorized to delete or change words inapplicable to a specific vessel and to arrange wording so appropriate word insertions may be made, which accurately describe the facts.