46 C.F.R. Subpart 46.10—Administration


Title 46 - Shipping


Title 46: Shipping
PART 46—SUBDIVISION LOAD LINES FOR PASSENGER VESSELS

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Subpart 46.10—Administration

§ 46.10-1   Relaxation from regulations.

(a) New passenger vessels making foreign voyages by sea shall comply with the requirements in this part. An existing passenger vessel engaged in foreign voyages by sea may be permitted relaxation from the requirements of this part if, in the opinion of the Commandant, U.S. Coast Guard, such requirements are unreasonable or impracticable.

(b) A new passenger vessel making coastwise voyages by sea or making Great Lakes voyages shall comply with the requirements in this part. An existing passenger vessel making coastwise voyages by sea or Great Lakes voyages may be permitted relaxation from the requirements of this part if, in the opinion of the Commandant, U.S. Coast Guard, such requirements are unreasonable or impracticable.

§ 46.10-5   Load line requirements for subdivision.

(a) The load line requirements of parts 42, 44, 45 of this subchapter as applicable to the passenger vessel and her service, shall be complied with before a passenger vessel will be marked with and certificated as to subdivision load lines.

[CGFR 65–50, 30 FR 16769, Dec. 30, 1965, as amended by CGFR 68–60, 33 FR 10077, July 12, 1968]

§ 46.10-10   Marks to indicate subdivision load lines.

(a) Marks to indicate the maximum mean draft to which a passenger vessel may be lawfully submerged shall be permanently marked on each side of the passenger vessel in the form, manner, and location provided in this part.

(b) The Commandant, U.S. Coast Guard, will determine the position of the subdivision load lines by the application of the requirements contained in this part and parts 170 and 171 of this chapter. The correct marking of subdivision load lines will be certified by the American Bureau of Shipping or a classification society approved by the Commandant for that purpose.

(c) Certificates certifying to the correctness of subdivision load line marks shall not be furnished until it is determined that the marks have been correctly placed upon the passenger vessel.

(d) In the case of passenger vessels that are required by the International Convention for Safety of Life at Sea to have on board a safety certificate, the certification of subdivision, load line marks shall be made by letter to the Commandant (G-M), U.S. Coast Guard, Washington, DC 20593–0001.

[CGFR 65–50, 30 FR 16769, Dec. 30, 1965, as amended by CGFR 68–60, 33 FR 10077, July 12, 1968; CGD 79–023, 48 FR 51007, Nov. 4, 1983; CGD 88–070, 53 FR 34534, Sept. 7, 1988]

§ 46.10-15   Survey for the establishment and renewal of subdivision load line marks.

(a) Every passenger vessel to be marked with and certificated for subdivision load lines must comply with the requirements as set forth in subchapter H (Passenger Vessels) of this chapter for ocean, coastwise, and Great Lakes service as applicable to the particular vessel and the service in which she is to be employed.

(b) Every passenger vessel marked with a subdivision load line shall be subjected to the surveys specified in this paragraph. The details of the surveys or inspections indicated in paragraphs (b)(1) through (3) of this section shall be as set forth in the applicable sections of part 71 of subchapter H (Passenger Vessels) of this chapter.

(1) A survey before the vessel is put in service.

(2) A periodical survey once every 12 months.

(3) Additional surveys as occasion arises.

(4) Surveys required by part 42, part 44, or part 45 of this subchapter.

[CGFR 65–50, 30 FR 16769, Dec. 30, 1965, as amended by CGFR 68–60, 33 FR 10077, July 12, 1968]

§ 46.10-20   Application for the assignment and renewal of subdivision load lines.

(a) Application for assignment and renewal of subdivision load lines and certification thereof shall be made in writing to the Commandant, U.S. Coast Guard, Washington, D.C. 20593–0001.

[CGFR 65–50, 30 FR 16769, Dec. 30, 1965, as amended by CGFR 68–60, 33 FR 10077, July 12, 1968; CGD 88–070, 53 FR 34534, Sept. 7, 1988]

§ 46.10-25   Equivalents.

(a) Where in the regulations in this part it is provided that a particular fitting, appliance, apparatus, or type thereof, shall be fitted or carried in a vessel engaged on foreign voyages by sea or that any particular arrangement shall be adopted, there may be substituted any other fitting or appliance or type thereof or any other arrangement provided that the Commandant, U.S. Coast Guard, shall have been satisfied by suitable trials that the fitting, appliance, or apparatus, or type thereof, or that the arrangement substituted is at least as effective as that specified in this part.

(b) Where, in the application of the regulations in this part to passenger vessels engaged in coastwise voyages by sea and on Great Lakes voyages, it is desired to substitute other construction, arrangement, fitting, or appliance, or type thereof, such substitution may be made if approved by the Commandant, U.S. Coast Guard, provided the degree of safety provided by this part is obtained.

§ 46.10-30   Subdivision load line certificates.

(a) Passenger vessels engaged in foreign voyages by sea shall have their subdivision load lines certified on the safety certificate required by the International Convention for Safety of Life at Sea, 1960. Safety certificates shall be issued by the Commandant, U.S. Coast Guard, for a period not to exceed one year. These vessels will also be provided with the load line certificate required by part 42 of this subchapter, the minimum freeboard shown thereon to be not less than the minimum freeboard corresponding to the principal passenger condition. The fact that they are subdivision load lines is to be noted on the load line certificate.

(b) Passenger vessels engaged on coastwise voyages by sea or Great Lakes voyages shall have the position of their subdivision load lines recorded on a load line certificate in the form required by part 42 or part 45 of this subchapter. The fact that they are subdivision load lines is to be noted on the load line certificate.

(c) A note shall be added to the load line certificate below the signature of the assigning—authority in the following form:

The bulkhead deck used for determining the position of the subdivision load lines certified above is _____________ (here described bulkhead deck).

(d) Annual inspections of passenger vessels shall be as required by §§42.09–40 and 46.10–15 of this subchapter and renewal of passenger vessels' load line certificates shall be as required by §§42.09–15 and 42.09–20.

(e) Each new passenger vessel which receives its first load line certificate shall also be provided with a copy of the load line survey report as required by §42.09–1(c) or §45.01–30 of this subchapter.

[CGFR 65–50, 30 FR 16769, Dec. 30, 1965, as amended by CGFR 68–60, 33 FR 10077, July 12, 1968; CGFR 68–126, 34 FR 9019, June 5, 1969; CGD 80–120, 47 FR 5723, Feb. 8, 1982; CGD 88–070, 53 FR 34534, Sept. 7, 1988]

§ 46.10-35   Validity of subdivision load line certificates.

(a) Subdivision load line certificates issued to passenger vessels shall only be valid during the time for which the certificates are issued.

(b) If, due to any cause, the conditions as required by this part are changed, or the regulations in this part are not carried out, the load line certificate may be cancelled and the load lines considered nonexistent: Provided, That if the conditions causing the cancellation of the certificate are satisfactorily corrected, the load line certificate shall be reinstated for the remainder of its term.

(c) A valid subdivision load line certificate for foreign voyages by sea shall be valid for coastwise voyages by sea and Great Lakes voyages. A valid subdivision load line certificate for coastwise voyages by sea shall be valid for Great Lakes voyages but not for foreign voyages by sea. A valid subdivision load line certificate for Great Lakes voyages shall not be valid for foreign or coastwise voyages by sea.

§ 46.10-40   Nonsubmergence subdivision load line (Great Lakes).

(a) Passenger vessels on the Great Lakes of 150 gross tons or over shall not submerge the subdivision load line applicable to the voyage.

§ 46.10-45   Nonsubmergence subdivision load lines in salt water.

(a) Passenger vessels required to be marked with subdivision load lines, engaged on foreign and coastwise voyages other than the Great Lakes voyages, shall not submerge in salt water the subdivision load line applicable to the voyage. Passenger vessels engaged on ocean, foreign or coastwise voyages may be marked with fresh water load lines. A passenger vessel on foreign or coastwise voyages (except Great Lakes voyages) may have an allowance made for the degree of brackishness of the water in which the vessel is floating but not for the weight of fuel, water, etc., required for consumption between the point of departure and the open sea, and no allowance is to be made for bilge or ballast water that may be in the passenger vessel at the time of departure.

§ 46.10-50   Drills and inspections.

(a) For the required drills and inspections to be conducted on passenger vessels, see subpart 78.17 of subchapter H (Passenger Vessels) of this chapter.

§ 46.10-55   Logbook entries.

(a) For required logbook entries to be made on passenger vessels, see subpart 78.17 of subchapter H (Passenger Vessels) of this chapter.

§ 46.10-60   Control.

(a) The District Director of Customs or the Coast Guard District Commander may detain a passenger vessel for a survey if there is reason to believe that such a vessel is proceeding on her journey in excess of the draft allowed by the regulations in this part as indicated by the vessel's load lines certified on the safety certificate, load line certificate, or otherwise. The Coast Guard District Commander may detain a passenger vessel if it is so loaded as to be manifestly unsafe to proceed to sea. Except as otherwise required by this section, §42.07–60 if this subchapter applies to all passenger vessels assigned load lines under the load line acts and the regulations of this subchapter.

[CGFR 68–126, 34 FR 9019, June 5, 1969]

§ 46.10-65   Construction.

(a) The watertight subdivision of every passenger vessel must be as efficient as possible, having regard to its intended service. This principle is given effect by applying the requirements in part 171 of this chapter.

(b) Passenger vessels engaged in foreign voyages by sea or coastwise voyages by sea or voyages on the Great Lakes, to be marked with subdivision load lines shall comply with the requirements in this part.

[CGFR 65–50, 30 FR 16769, Dec. 30, 1965, as amended by CGD 79–023, 48 FR 51007, Nov. 4, 1983]

§ 46.10-70   Plans and inspections of new and converted vessels.

(a) Plans for a new passenger vessel or a vessel to be converted to a passenger vessel shall be submitted to the Commandant as required by subpart 71.65 of subchapter H (Passenger Vessels) of this chapter.

(b) Inspections shall be made during the construction or conversion of the vessel as required by subpart 71.20 of subchapter H (Passenger Vessels) of this chapter.

(c) Upon completion of construction or conversion of a passenger vessel, a stability test must be performed and stability information must be supplied to the operator as required by part 170 of this chapter.

[CGFR 65–50, 30 FR 16769, Dec. 30, 1965, as amended by CGD 79–023, 48 FR 51007, Nov. 4, 1983]

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