[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: 46CFR42.03-35]

[Page 11]
 
                           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. 42.03-35  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.

[CGFR 68-60, 33 FR 10051, July 12, 1968, as amended by CGFR 68-126, 34 
FR 9011, June 5, 1969; USCG-1998-4442, 63 FR 52190, Sept. 30, 1998]