ment Organization and Employees. The Commissioner of Customs, referred to in this section, is an officer of the Treasury Department. "Commissioner of Customs" was substituted for "Secretary of Commerce" on authority of Reorg. Plan No. 3 of 1946, §§ 101-104, set out as a note under section 1 of this title. Upon incorporation into the Code, the words "Secretary of Commerce" were substituted for "Secretary of the Treasury" to conform to acts Feb. 14, 1903, and Mar. 4, 1913. See Transfer of Functions note set out under section 77 of this title. ADMINISTRATIVE DELEGATION OF FUNCTIONS BY Administrative delegation of functions by Secretary of the Treasury, see note set out under section 1 of this title. § 82. Suspension of provisions as to survey, inspection, and measurement The President of the United States is authorized, whenever in his discretion the needs of foreign commerce may require, to suspend by order, so far and for such length of time as he may deem desirable, the provisions of the law requiring survey, inspection, and measurement by officers of the United States of foreign-built vessels admitted to American registry under section 11 of this title. (Aug. 18, 1914, ch. 256, § 2, 38 Stat. 699.) REFERENCES IN TEXT Section 11 of this title, referred to in text, was repealed by Pub. L. 96-594, title I, § 127, Dec. 24, 1980, 94 Stat. 3459. CODIFICATION Section comprises the second paragraph, with conforming language changes, of section 2 of act Aug. 18, 1914. The first paragraph of section 2 of act Aug. 18, 1914, is classified to section 236 of this title. DELEGATION OF FUNCTIONS For delegation to the Secretary of the Treasury of authority vested in the President by this section, see Ex. Ord. No. 10289, eff. Sept. 17, 1951, 16 F.R. 9499, set out as a note under section 301 of Title 3, The President. § 83. Gross and net tonnage measurements; definitions As used in sections 83 to 83k of this title: (a) The term "uppermost complete deck" means the uppermost complete deck of a vessel exposed to sea and weather, which shall be deemed to be that deck which has permanent means of closing all openings in the weather portions thereof, provided that any opening in the side of the vessel below that deck, other than an opening abaft a transverse watertight bulkhead placed aft of the rudder stock, is fitted with permanent means of watertight closing. (b) The term "second deck" means the deck next below the uppermost complete deck which is continuous in a fore-and-aft direction at least between peak bulkheads, is continuous athwartships, is fitted as an integral and permanent part of the vessel's structure, and has proper covers to all main hatchways. Interruptions in way of propelling machinery space openings, ladder and stairway openings, trunks, chain lockers, cofferdams, or steps not exceeding a total height of forty-eight inches shall not be deemed to break the continuity of the deck. (c) The term "trunks" as used in the definition of second deck shall be deemed to refer to hatch or ventilation trunks which do not extend longitudinally completely between main transverse bulkheads. (d) The term "Secretary" means the Secretary of the Treasury. (Pub. L. 89-219, § 1, Sept. 29, 1965, 79 Stat. 891.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 71, 83a, 83b, 83d, 83f, 83h, 83i, 83j of this title. § 83a. Spaces omitted from gross tonnage In the measurement of a vessel under sections 71, 75, and 77 of this title, upon application of the owner and approval by the Secretary, there shall be omitted from inclusion in the gross tonnage (a) those spaces available for the carriage of dry cargo or stores which are located between the uppermost complete deck and the second deck, and other spaces so located which would be omitted from gross tonnage under the provisions of section 77 of this title if above the upper deck, provided that a tonnage mark is placed and displayed on the vessel in accordance with the provisions of sections 83 to 83k of this title, so long as that tonnage mark is not submerged; (b) those spaces which are located on or above the uppermost complete deck and which are available for the carriage of dry cargo or stores, without regard to whether a tonnage mark is placed or displayed on the vessel or, if placed or displayed, without regard to whether that mark is submerged; and (c) those spaces which are located on the uppermost complete deck and which are used for cabins or staterooms, provided that a tonnage mark is placed and displayed on the vessel, so long as that tonnage mark is not submerged. (Pub. L. 89-219, § 2, Sept. 29, 1965, 79 Stat. 891.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 71, 83, 83b, 83d, 83f, 83g, 83h, 83i, 83j of this title. § 83b. Description, location and dimensions of tonnage mark The tonnage mark shall be a horizontal line, upon which shall be placed for identification an inverted equilateral triangle, with its apex on the midpoint of the line. The mark shall be placed and displayed on each side of the vessel, subject to such specifications as to location and dimensions as are prescribed in regulations issued under sections 83 to 83k of this title. (Pub. L. 89-219, § 3, Sept. 29, 1965, 79 Stat. 891.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 71, 83, 83a, 83d, 83f, 83h, 831, 83j of this title. §83c. Placement of tonnage mark above loadline No tonnage mark shall be required to be placed or displayed above the statutory summer loadline prescribed in accordance with the applicable loadline convention, except that, when a vessel's statutory loadline is assigned on the assumption that the second deck is the freeboard deck, the tonnage mark may be permitted to be placed and displayed on a line level with the uppermost part of the loadline grid. (Pub. L. 89-219, § 4, Sept. 29, 1965, 79 Stat. 891.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 71, 83, 83a, 83b, 83d, 831, 83h, 831, 83j of this title. § 83d. Addition of line to tonnage mark Except when the tonnage mark is placed and displayed on the vessel at the level prescribed in section 83c of this title, an additional line may be added to the tonnage mark, subject to such specifications as to location and dimensions as are prescribed in regulations issued under sections 83 to 83k of this title. (Pub. L. 89-219, § 5, Sept. 29, 1965, 79 Stat. 892.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 71, 83, 83a, 83b, 83e, 83f, 83h, 831, 83j of this title. § 83e. When tonnage mark deemed submerged The tonnage mark shall be deemed to be submerged when the upper edge of the mark is under water, except that if the vessel is marked with the additional line in accordance with section 83d of this title and is in fresh water or in tropical waters the tonnage mark shall not be deemed to be submerged unless the upper edge of the additional line is under water. (Pub. L. 89-219, § 6, Sept. 29, 1965, 79 Stat. 892.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 71, 83, 83a, 83b, 83d, 831, 83h, 831, 83j of this title. § 83f. Measurement certificates and marine documents reciting tonnages In a case in which a vessel measured under sections 83 to 83k of this title and other applicable statutes has a tonnage mark placed and displayed at a place other than a line level with the uppermost part of the loadline grid, any measurement certificate or marine document reciting tonnages issued to such vessel shall show the gross and net tonnages applicable when the tonnage mark is submerged and the gross and net tonnage applicable when the mark is not submerged. In any other case in which a vessel is measured under sections 83 to 83k of this title and other applicable statutes, any measurement certificate or marine document reciting tonnages issued to such vessel shall show only one set of gross and net tonnages, taking into account all applicable omis sions or exemptions. (Pub. L. 89-219, §7, Sept. 29, 1965, 79 Stat. 892.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 71, 83, 83b, 83d, 83h, 831, 83j of this title. § 83g. Marking line of uppermost complete deck § 83k In a case in which an application for omission of spaces is filed under section 83a of this title for a vessel for which a statutory loadline is not required and is not assigned, the line of the uppermost complete deck shall be marked in the manner specified for marking the deck line in the international loadline convention in force. (Pub. L. 89-219, § 8, Sept. 29, 1965, 79 Stat. 892.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 71, 83, 83a, 83b, 83d, 83f, 83h, 831, 83j of this title. § 83h. Regulations The Secretary shall make such regulations as may be necessary to carry out the provisions of sections 83 to 83k of this title. (Pub. L. 89-219, § 12, Sept. 29, 1965, 79 Stat. 892.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 71, 83, 83a, 83b, 83d, 83f, 831, 83j of this title. § 83i. Penalty for false statements Any person who makes a false, fictitious, or fraudulent statement or representation in any matter in which such statement or representation is required to be made to the Secretary in any regulation issued under sections 83 to 83k of this title shall be subject to a penalty of not more than $1,000 for each such statement or representation. (Pub. L. 89-219, § 13, Sept. 29, 1965, 79 Stat. 892.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 71, 83, 83a, 83b, 83d, 83f, 83h, 83j of this title. § 83j. Penalty for failure to display tonnage mark If any tonnage mark required to be placed and displayed on a vessel in any regulation issued under sections 83 to 83k of this title by the Secretary is not so placed or displayed or if the mark at any time shall cease to be continued on the vessel, such vessel shall be subject to a penalty of $30 on every subsequent arrival in a port of the United States. (Pub. L. 89-219, § 14, Sept. 29, 1965, 79 Stat. 892.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 71, 83, 83a, 83b, 83d, 83f, 83h, 831 of this title. § 83k. Remission of penalties Any penalty incurred under sections 83 to 83k of this title may be remitted or mitigated by the Secretary under the provisions of section 7 of this title. (Pub. L. 89-219, § 15, Sept. 29, 1965, 79 Stat. 893.) ment Organization and Employees. The Commissioner of Customs, referred to in this section, is an officer of the Treasury Department. "Commissioner of Customs" was substituted for "Secretary of Commerce" on authority of Reorg. Plan No. 3 of 1946, §§ 101-104, set out as a note under section 1 of this title. Upon incorporation into the Code, the words "Secretary of Commerce" were substituted for "Secretary of the Treasury" to conform to acts Feb. 14, 1903, and Mar. 4, 1913. See Transfer of Functions note set out under section 77 of this title. ADMINISTRATIVE DELEGATION OF FUNCTIONS BY Administrative delegation of functions by Secretary of the Treasury, see note set out under section 1 of this title. § 82. Suspension of provisions as to survey, inspection, and measurement The President of the United States is authorized, whenever in his discretion the needs of foreign commerce may require, to suspend by order, so far and for such length of time as he may deem desirable, the provisions of the law requiring survey, inspection, and measurement by officers of the United States of foreign-built vessels admitted to American registry under section 11 of this title. (Aug. 18, 1914, ch. 256, § 2, 38 Stat. 699.) REFERENCES IN TEXT Section 11 of this title, referred to in text, was repealed by Pub. L. 96-594, title I, § 127, Dec. 24, 1980, 94 Stat. 3459. CODIFICATION Section comprises the second paragraph, with conforming language changes, of section 2 of act Aug. 18, 1914. The first paragraph of section 2 of act Aug. 18, 1914, is classified to section 236 of this title. DELEGATION OF FUNCTIONS For delegation to the Secretary of the Treasury of authority vested in the President by this section, see Ex. Ord. No. 10289, eff. Sept. 17, 1951, 16 F.R. 9499, set out as a note under section 301 of Title 3, The President. § 83. Gross and net tonnage measurements; definitions As used in sections 83 to 83k of this title: (a) The term "uppermost complete deck" means the uppermost complete deck of a vessel exposed to sea and weather, which shall be deemed to be that deck which has permanent means of closing all openings in the weather portions thereof, provided that any opening in the side of the vessel below that deck, other than an opening abaft a transverse watertight bulkhead placed aft of the rudder stock, is fitted with permanent means of watertight closing. (b) The term "second deck" means the deck next below the uppermost complete deck which is continuous in a fore-and-aft direction at least between peak bulkheads, is continuous athwartships, is fitted as an integral and permanent part of the vessel's structure, and has proper covers to all main hatchways. Interruptions way of propelling machinery space openi ladder and stairway openings, trunks, lockers, cofferdar total height of fc deemed to break t (c) The term "t tion of second dec hatch or ventila extend longitudina transverse bulkhe (d) The term " tary of the Treasu (Pub. L. 89-219, § 1 SECTION REFER This section is refe 83d, 83f, 83h, 831, 83j § 83a. Spaces omitted In the measurem 71, 75, and 77 of t the owner and app: shall be omitted 1 tonnage (a) those spaces dry cargo or store the uppermost co deck, and other would be omitted the provisions of above the upper nage mark is pla vessel in accorda sections 83 to 83k tonnage mark is n (b) those space above the upper which are availab cargo or stores, w tonnage mark is vessel or, if pla regard to whethe and (c) those spaces uppermost comple for cabins or state nage mark is pla vessel, so long as submerged. (Pub. L. 89-219, § 2, SECTION REFERRE This section is referre 83f, 83g, 83h, 831, 83j of § 83b. Description, loc nage mark The tonnage mark upon which shall be inverted equilateral the midpoint of the placed and displayed subject to such speci dimensions as are issued under sections Pub. L. 89-219, §. . ៖ 3, S SECTION REFERRED This section is referre 83f, 83h, 831, 831 of this 91 re S eb be tit ONS mpri and OTHER section hipping mination and mark ertificate appoint , or such orporations of 881. Short title. CROSS REFERENCES 86c. 86d. 86e. 86f. 86g. 86h. 86i. 88. (b) Excepted vessels. (c) Loadline vessels; surrender of loadline certificate; removal of loadline marks. (d) Treaties or conventions unaffected. Determination of loadlines. (a) Minimum freeboard; criteria. (b) Marking and maintaining loadlines; issuance of loadline certificate. (c) Prescribed loadlines; minimum safe freeboard; greater freeboard than minimum safe freeboard. Survey or registry of shipping. (a) Appointments for determination of condition of vessels and positioning and marking of loadlines; issuance of loadline certificate. (b) Appointees. (c) Revocation of appointments. Exemptions; certificate of exemption. Foreign vessels. (a) Compliance with subchapter by compliance with loadlines and markings of foreign country and issuance of foreign certificate; international agreement for control of foreign vessels. (b) Reciprocal loadline recognition. Loading restrictions, submerging loadlines or loadline marks; recordation by masters of position of loadline marks and actual drafts. Detention of vessels. (a) Reasonable belief; notice to master or officer in charge of vessel; detention order. (b) Clearance; refusal or withdrawal. (c) Petition for review; regulations. (d) Administrative determination. (e) Liability of owner for costs. Penalties for violations. (a) Civil liability for violations of subchapter; separate violations. (b) Civil liability for section 86g(a) violations. (c) Civil liability for section 86g(b) viola- (d) Criminal liability for departures in removal, alteration, defacement, or (f) Liability of vessel. assessment, collection, remission, mitigation, or compromise. SUBCHAPTER II-LOAD LINES FOR VESSELS ENGAGED IN COASTWISE TRADE Establishment; vessels affected; exemptions. Commandant, general powers, see section 93 of Title 14, Coast Guard. SUBCHAPTER I-LOAD LINES FOR VES- §§ 85 to 85g. Repealed. Pub. L. 93-115, § 12, Oct. 1, 1973, 87 Stat. 421 Section 85, acts Mar. 2, 1929, ch. 508, § 1, 45 Stat. 1492; May 26, 1939, ch. 151, § 1, 53 Stat. 783; Aug. 31, 1962, Pub. L. 87-620, § 1(1), 76 Stat. 415, related to establishment of loadlines and vessels affected. See section 86b of this title. Section 85a, act Mar. 2, 1929, ch. 508, § 2, 45 Stat. 1493; 1946 Reorg. Plan No. 3, § 101, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, related to determination of loadlines, regulations, and material factors in fixing lines. See sections 86 and 86c of this title. Section 85b, act Mar. 2, 1929, ch. 508, § 3, 45 Stat. 1493; 1946 Reorg. Plan No. 3, § 101, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, related to marking lines on vessels, approval of marks, and issuance of certificate. See sections 86c and 86d of this title. Section 85c, act Mar. 2, 1929, ch. 508, § 4, 45 Stat. 1493, related to requirement that vessels be so loaded as not to submerge lines or marks. See section 86g of this title. Section 85d, act Mar. 2, 1929, ch. 508, § 5, 45 Stat. 1493; 1946 Reorg. Plan No. 3, § 101, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, related to application of sections 85 to 85g of this title to foreign vessels. See section 86f of this title. Section 85e, act Mar. 2, 1929, ch. 508, § 6, 45 Stat. 1494, related to recordation by masters of vessels of position of loadline mark and actual drafts. See section 86g of this title. Section 85f, acts Mar. 2, 1929, ch. 508, § 7, 45 Stat. 1494; 1946 Reorg. Plan No. 3, § 101, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; Aug. 31, 1962, Pub. L. 87-620, § 1(2), 76 Stat. 415, related to detention of vessels loaded in violation of sections 85 to 85g of this title. See section 86h of this title. Section 85g, acts Mar. 2, 1929, ch. 508, § 8, 45 Stat. 1494; May 26, 1939, ch. 151, § 2, 53 Stat. 783; 1946 Reorg. Plan No. 3, § 101, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; Aug. 31, 1962, Pub. L. 87-620, § 1(3), 76 Stat. 415, related to penalties for violations of sections 85 to 85g of this title and seizure of vessels. See section 861 of this title. Sections 85 to 85g of this title were not enacted as part of Pub. L. 93-115, Oct. 1, 1973, 87 Stat. 418, known as the "International Voyage Load Line Act of 1973", which comprises this subchapter. |