[Code of Federal Regulations]
[Title 46, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 46CFR42.03-30]

[Page 9-10]
 
                           TITLE 46--SHIPPING
 
   CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)
 
PART 42_DOMESTIC AND FOREIGN VOYAGES BY SEA--Table of Contents
 
                        Subpart 42.03_Application
 
Sec. 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

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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 Sec. 42.15-25 of 
this part by showing they meet the requirements in Sec. 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.

[CGFR 68-126, 34 FR 9011, June 5, 1969, as amended by CGD 73-49R, 38 FR 
12289, May 10, 1973; CGD 76-080, 54 FR 36976, Sept. 6, 1989; USCG-1998-
4442, 63 FR 52190, Sept. 30, 1998]

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