46 C.F.R. Subpart 42.09—Load Line Assignments and Surveys—General Requirements
Title 46 - Shipping
(a) The assignment of load lines is conditioned upon the structural efficiency and satisfactory stability of the vessel, and upon the provisions provided on the vessel for her effective protection and that of the crew. Certain vessels, such as vessels carrying all their cargo as deck cargo, or vessels where design or service require special conditions to be applicable, shall have certain stability limitations imposed on them, as may be necessary. When stability limitations for a vessel are prescribed, the assigning authority shall furnish the master the vessel's maximum draft permitted and other conditions, including reference to Commandant approved operating stability features, which may be applicable. (1) No load line assignment shall be made under this part to a vessel proceeding on a foreign voyage, or where the load line assignment is related to the flooded stability provisions and the vessel is proceeding on a domestic voyage, until the applicable light ship characteristics are established and incorporated into the vessel's stability data approved by the Commandant and furnished to the master of the vessel. (2) If load line assignments are made to vessels for coastwise voyages before the results of the required stability characteristics are determined and incorporated into the vessel's stability data approved by the Commandant, then such load line assignments shall be regarded as conditional and shall be subject to verification or modification for removal of the conditional status. Any vessel with a conditional load line assignment shall not be loaded beyond a conservative safe draft. Where the Commandant deems it unnecessary, the requirement for furnishing stability information to the masters of coastwise vessels assigned load lines not related to flooded stability may be omitted and the assigning authority and others concerned will be so notified. (b) Each vessel subject to load line requirements shall carry on board a valid certificate attesting to compliance with such requirements. (See §§42.07–35 and 42.07–40 for additional data furnished to the vessel.) (c) The master of the vessel for which a load line certificate has been issued shall be responsible for the maintenance of such certificate on board such vessel and for compliance with its terms and conditions. Additionally, the master shall be responsible for having the current load line survey report on board the vessel. This report shall be made available to surveyors when carrying out subsequent load line surveys. [CGFR 68–60, 33 FR 10055, July 12, 1968, as amended by CGFR 68–126, 34 FR 9012, June 5, 1969] (a) For the purposes of this part, each vessel to which this part applies is either a Type “A” or a Type “B” vessel. (b) A Type “A” vessel is a vessel that— (1) Is designed to carry only liquid cargoes in bulk; (2) Has a high degree of watertight and structural integrity of the deck exposed to the weather, with only small openings to cargo compartments that are closed by watertight gasketed covers of steel or other material considered equivalent by the Commandant; and (3) Has a low permeability of loaded cargo compartments. (c) A Type “B” vessel is any vessel that is not a Type “A” vessel. (d) Requirements governing the assignment of freeboards for Types “A” and “B” vessels are in subparts 42.20 and 42.25 of this part. [CGD 79–153, 48 FR 38647, Aug. 25, 1983] (a) All vessels. Where regulations in this part, or in part 46 of this subchapter, require or permit load line assignment on the basis of the vessel's ability to meet specified flooding, including damage stability requirements, the owner shall furnish the necessary plans and calculations demonstrating that the vessel is in compliance with the applicable requirements. This material shall be furnished to the assigning authority for approval review at the earliest practicable date except where specifically required by part 46 of this subchapter for passenger vessels to be submitted to the Commandant for approval. (1) When stability information is required, the plans shall include the location and extent of all watertight subdivision bulkheads, etc., involved. (2) Additional stability, subdivision, and strength requirements are in §§42.09–1, 42.13–1, 42.13–5, and 42.15–1. The applicable flooded stability requirements are in §§42.20–3 through 42.20–13. (b) Passenger vessels. In passenger vessels where the positions of the maximum load lines is subject to determination by the application of subdivision and stability requirements in this subchapter, the provisions of both parts 42 and 46 shall be accounted for and developed as necessary. See subchapter H (Passenger Vessels) of this chapter for related data required to be submitted to the Commandant. (c) Light ship data. All plans, etc., necessary for obtaining the Commandant's approval of test results (light ship data) and stability information shall be furnished by the owner. In the absence of existing acceptable light ship stability information, such data shall be obtained from a stability test performed under the supervision of the Commandant. Results of such tests, if satisfactory, will be approved by the Commandant. [CGFR 68–60, 33 FR 10056, July 12, 1968, as amended by CGFR 68–126, 34 FR 9012, June 5, 1969; CGD 79–153, 48 FR 38647, Aug. 25, 1983] (a) General. Before issuing a certificate or placement of load line marks on a vessel, the assigning and issuing authority shall make an initial or periodic survey of the vessel as required by this subchapter. A load line survey report shall be made, reflecting information and facts based on initial surveys, including required and special elements as may be deemed necessary by the assigning authority or the Commandant. (b) Initial survey. An initial survey shall be made before the vessel is put in service or the first time the assigning authority is requested to survey a vessel. The survey shall include a complete examination of its structure and equipment insofar as required by the applicable requirements in this subchapter. This survey shall be such as to ensure that the arrangements, materials, scantlings, and subsequent placement of load line marks fully comply with applicable requirements. (c) Periodical survey. A periodical survey shall be made at intervals not exceeding five (5) years from an initial or previous periodic survey. The survey shall be similar to the initial survey insofar as extent and purpose are concerned. (1) If the load line marks are found to be correct for the condition the vessel is then in, the assigning and issuing authority shall issue a new load line certificate, valid for such time as the condition of the vessel then warrants but in no case for a period of longer than 5 years. If, after a survey has been passed, a loadline certificate can not be issued before the current certificate expires, the current certificate may be extended by an endorsement in accordance with the requirements contained in §42.07–45(d). This endorsement of the assigning authority shall be placed on the back of the certificate, as shown on the forms in subpart 42.50. However, if there have been alterations which affect the vessel's freeboards, such extension shall not be granted. This prohibition is the same as in Article 19(2) of the 1966 Convention. (2) The periodical survey, including certificate extension or reissue, for a vessel holding an international load line exemption certificate for more than one voyage, shall be the same as for any other vessel covered by this section except for load line marks. However, other conditions specified in the exemption certificate shall be verified. (d) Annual surveys for endorsements. Vessels subject to initial and periodic surveys shall have annual surveys, within 3 months either way of the certificate's anniversary date. The annual surveys shall be made by and prove satisfactory to the assigning and issuing authority prior to executing the required annual endorsements on load line certificates or exemption certificates. The scope shall be as defined in §42.09–40 and such as to ensure that the applicable load line marks are found to be correct for the condition the vessel is then in. [CGFR 68–60, 33 FR 10056, July 12, 1968, as amended by CGFR 68–126, 34 FR 9012, June 5, 1969; CGD 73–49R, 38 FR 12290, May 10, 1973] (a) General. Foreign vessels of countries which have not ratified or acceded to the 1966 Convention, or which do not have valid certificates issued under other international convention or treaty and recognized by the United States of America, if desiring to depart from a port or place in the United States, the Commonwealth of Puerto Rico, the Territory of Guam, or other U.S. possessions, shall be subjected to survey, marking, and certification by a load line assigning and issuing authority as authorized under §42.07–35 or §42.07–40, unless: (1) The vessel is exempted by the provision of 46 U.S.C. 5102; or (2) The vessel is under tow and carrying neither passengers nor cargo. (b) Scope of survey. A periodical survey described in §42.09–15(c) shall be conducted by and prove satisfactory to the assigning and issuing authority. It shall be made prior to issue or reissue of the applicable certificate. (c) Certification of load lines. The assigning and issuing authority after determining the vessel meets the applicable requirements in this part may issue a load line certificate subject to requirements in §42.07–45 and on the applicable form described in subpart 42.50 of this part: Provided, That the load line certificate issued shall be valid for a period of 1 year. The certificate may be revalidated by endorsement for additional 1 year periods if the condition of the vessel so warrants, but in any event the certificate shall become void five (5) years from date of issue, or at the expiration of the fourth (4th) yearly validation, whichever occurs first. Whenever the condition of the vessel warrants special limitations, such information and facts shall be attested to on the front or back of the certificate as necessary, by the assigning and issuing authority. [CGFR 68–60, 33 FR 10056, July 12, 1968, as amended by CGFR 68–126, 34 FR 9013, June 5, 1969; CGD 80–120, 47 FR 5723, Feb. 8, 1982; USCG–1998–4442, 63 FR 52190, Sept. 30, 1998] (a) Before a survey may be completed, the vessel shall be placed in a drydock or hauled out. The surveyor shall be given complete access to all parts of the vessel to ensure that the vessel complies with all applicable requirements. (b) The surveyor shall examine on all vessels the items, etc., listed in this paragraph to determine if in satisfactory condition and meeting applicable requirements in this subchapter. (1) Cargo hatch coamings, covers, beams and supports, gaskets, clamps, locking bars, tarpaulins, battens, cleats and wedges of hatches on exposed freeboard, quarter and superstructure decks, and elsewhere as may be necessary. (2) Structure of the vessel, coamings, closures, and all means of protection provided for openings, such as for ventilators, companionways, machinery casings, fiddleys, funnels, enclosed superstructures on the freeboard deck (and their end bulkheads) or equivalent protective deck houses, openings in the freeboard and superstructure decks, and significant openings at higher levels in the vessel. (3) Transverse watertight subdivision bulkheads, as fitted, including any openings therein and closures for such openings. They shall be examined throughout their vertical and transverse extent. (4) All air-pipe outlets, their closures, all scuppers, and all sanitary discharges in the vessel's sides, including nonreturn valves installed. (5) The main and auxiliary sea inlets and discharges in the machinery space, and elsewhere if existent, and the valves and controls for these items. (6) All gangways, cargo ports, and airports, including dead covers or other similar openings in the vessel's sides and their closures. (7) All guardrails, bulwarks, gangways, and freeing port shutters, including securing devices, and bars. (8) All eye plates or similar fittings for timber (or other) deck-cargo lashings, including the lashings, sockets for uprights and protective devices as may be necessary for ventilators and steering arrangements. [CGFR 68–60, 33 FR 10056, July 12, 1968, as amended by CGFR 68–126, 34 FR 9013, June 5, 1969] (a) In addition to the requirements in §42.09–25, the surveyor of the assigning authority shall examine the items, etc., listed in this section, to determine if in satisfactory condition and meeting applicable requirements in this subchapter. (b) When the vessel is in drydock, the hull plating, etc., shall be examined. (c) The holds, 'tween decks, peaks, bilges, machinery spaces, and bunkers shall be examined to determine the condition of the framing, etc. (d) The deep tanks and other tanks which form part of the vessel shall be examined internally. (e) If a double bottom is fitted, the tanks normally shall be examined internally. Where double bottom and other tanks are used for fuel-oil bunkers, such tanks need not be cleaned out, if the surveyor is able to determine by an external examination that their general condition is satisfactory. (f) The deck shall be examined. (g) Where, owing to the age and condition of the vessel or otherwise, the surveyor deems it necessary, the shell and deck plating may be required to be drilled or other acceptable means used, in order to ascertain the then thickness of such plating. [CGFR 68–60, 33 FR 10057, July 12, 1968] (a) In addition to the requirements in §42.09–25, the surveyor of the assigning authority shall examine the items, etc., listed in this section, to determine if in satisfactory condition and meeting the applicable requirements in this subchapter. (b) When the vessel is in drydock or hauled out, the keel, stem, stern frame or sternpost, outside planking, and caulking shall be examined. (c) The fasteners shall be examined. Bolts, screws, or equivalent fastenings, as deemed necessary by the surveyor, must be backed out, or otherwise dealt with, to ensure soundness. (d) The holds, 'tween decks, peaks, bilges, machinery spaces, and bunkers shall be examined. (e) The entire structure, including decks, shall be examined. If considered necessary by the surveyor, borings shall be made, or other means may be used, to ascertain the condition of the materials. Should these measures disclose sufficient cause, further examination to satisfy the surveyor as to the true condition shall be made and check locations listed. This list shall be submitted to the assigning and issuing authority for record purposes, and for use in subsequent surveys. [CGFR 68–60, 33 FR 10057, July 12, 1968] (a) Relative to §§42.09–15(d) and 42.09–20(c), the assigning and issuing authority shall make an annual survey of each vessel holding an appropriate certificate issued under this subchapter. (b) The annual survey shall be of such scope and extent so as to ensure: (1) The maintenance in an effective condition of the fittings and appliances for the: (i) Protection of openings; (ii) Guardrails; (iii) Freeing ports; and, (iv) Means of access to crew's quarters. (2) That there have not been alterations made to the hull or superstructure which would affect the calculations determining the position of the load line marks. (c) The assigning and issuing authority shall report on the annual survey made to the owner of the vessel. [CGFR 68–60, 33 FR 10057, July 12, 1968 as amended by CGD 80–143, 47 FR 25149, June 10, 1982] (a) During and after any survey made by the assigning and issuing authority, those items, fittings, etc., which are found to be in an unsatisfactory condition by the surveyor shall be repaired or renewed in order to place the vessel in a satisfactory condition. (b) No load line certificate shall be issued, endorsed, extended, or reissued or delivered to a vessel subject to this subchapter until after unsatisfactory conditions have been corrected as required by paragraph (a) of this section. [CGFR 68–60, 33 FR 10057, July 12, 1968, as amended by CGFR 68–126, 34 FR 9013, June 5, 1969] (a) After any survey of the vessel made under §§42.09–25 to 42.09–40, inclusive, as applicable, has been completed and deficiencies corrected as provided in §42.09–45, no change shall be made in the vessel's structure, equipment, arrangement, material, or scantlings as covered by such survey, without the prior specific approval of the assigning and issuing authority. (b) To avoid a freeboard or other penalty, any vessel which undergoes repairs, alterations, or modifications, including outfitting related thereto, shall continue to comply with the applicable requirements consistent with the load line certificate held. (c) An existing vessel, which had a load line assigned under previous regulations which undergoes repairs, alterations, or modifications of a major character, shall meet the requirements for a new vessel in this part insofar as the assigning and issuing authority and the Commandant deem reasonable and practicable. [CGFR 68–60, 33 FR 10057, July 12, 1968, as amended by CGD 80–120, 47 FR 5723, Feb. 8, 1982]
Title 46: Shipping
PART 42—DOMESTIC AND FOREIGN VOYAGES BY SEA
Subpart 42.09—Load Line Assignments and Surveys—General Requirements
§ 42.09-1 Assignment of load lines.
§ 42.09-5 All vessels—division into types.
§ 42.09-10 Stability, subdivision, and strength.
§ 42.09-15 Surveys by the American Bureau of Shipping or assigning authority.
§ 42.09-20 Surveys of foreign vessels.
§ 42.09-25 Initial or periodic survey requirements for all vessels.
§ 42.09-30 Additional survey requirements for steel-hull vessels.
§ 42.09-35 Additional survey requirements for wood-hull vessels.
§ 42.09-40 Annual surveys.
§ 42.09-45 Correction of deficiencies.
§ 42.09-50 Repairs or alterations to vessel after it has been surveyed.
