[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: 46CFR42.07-60]

[Page 19-20]
 
                           TITLE 46--SHIPPING
 
   CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)
 
PART 42_DOMESTIC AND FOREIGN VOYAGES BY SEA--Table of Contents
 
        Subpart 42.07_Control, Enforcement, and Rights of Appeal
 
Sec. 42.07-60  Control.

    (a) The District Director of Customs or the Coast Guard District 
Commander may detain a vessel for survey if there is reason to believe 
that the vessel is proceeding on her journey in excess of the draft 
allowed by the regulations in this subchapter as indicated by the 
vessel's load line certificate, or otherwise. The Coast Guard District 
Commander may detain a vessel if it is so loaded as to be manifestly 
unsafe to proceed to sea.
    (b) If the District Director of Customs orders a vessel detained, he 
shall immediately inform the Coast Guard District Commander thereof, who 
shall thereupon advise the District Director of Customs whether or not 
he deems that the vessel may proceed to sea with safety. If the Coast 
Guard District Commander orders a vessel detained, such officer will 
furnish the District Director of Customs immediate notification of such 
detention. The clearance shall be refused to any vessel which shall have 
been ordered detained, which shall be in effect until it is shown that 
the vessel is not in violation of the applicable law and the regulations 
in this subchapter.
    (1) Where a vessel is detained for noncompliance with ``material 
alteration'' and ``effective maintenance'' requirements of paragraph 
(f)(1) of this section, the detention shall only be exercised insofar as 
may be necessary to ensure that the vessel can proceed to sea without 
danger to passengers or crew.
    (c) The detention of a vessel will be by written order of either the 
Coast Guard District Commander or the District Director of Customs, 
depending on who orders the detention. The Coast Guard District 
Commander will immediately arrange for a survey in the manner prescribed 
by 46 U.S.C. 5113. Unless the owner or agent waives in writing and 
stipulates to accept the Coast Guard's survey, the Coast Guard District 
Commander shall appoint three disinterested surveyors and, where 
practicable, one of them shall be from the Surveying Staff of the 
American Bureau of Shipping. Such surveyors shall conduct a survey to 
ascertain whether or not the vessel is loaded

[[Page 20]]

in violation of the applicable provisions in the load line acts, and the 
regulations in this subchapter. If the survey confirms the allegation 
that the vessel is in violation of either law or the applicable 
regulations in this subchapter, ``the owner and agent shall bear the 
costs of the survey in addition to any penalty or fine imposed'', as 
provided in these laws.
    (d) Whenever a vessel is detained, the master or owner may, within 5 
days, appeal to the Commandant who may, if he desires, order a further 
survey, and may affirm, set aside, or modify the order of the detaining 
officer.
    (e) Where a foreign vessel is detained or intervention action of any 
other kind is taken against a foreign vessel, the officer carrying out 
the action shall immediately inform in writing the Consul or the 
diplomatic representative of the State whose flag the vessel is flying, 
of the decision involved together with all pertinent circumstances under 
which intervention was deemed necessary.
    (f) Under 46 U.S.C. 5109 a vessel of a foreign country which has 
ratified the 1966 Convention, or which holds a recognized and valid 1930 
Convention certificate, or which holds a valid Great Lakes Certificate, 
shall be exempt from the provisions of the regulations in this 
subchapter insofar as the marking of the load lines and the 
certificating thereof are concerned, so long as such country similarly 
recognizes the load lines established by this subchapter for the purpose 
of a voyage by sea subject to the proviso in paragraph (f)(1) of this 
section or the alternative proviso in paragraph (f)(2) of this section.
    (1) If the foreign vessel is marked with load lines and has on board 
a valid International or Great Lakes Load Line Certificate certifying to 
the correctness of the marks, the control provisions in this part which 
are in accord with Article 21 of the 1966 Convention shall be observed. 
In this connection, the vessel shall not be loaded beyond the limits 
allowed by the certificate. The position of the load lines on the vessel 
shall correspond with the certificate. The vessel shall not have been so 
materially altered as to make the vessel manifestly unfit to proceed to 
sea without danger to human life, in regard to:
    (i) The hull or superstructure (if necessitating assignment of an 
increased freeboard); and/or,
    (ii) The appliances and fittings for protection of openings, 
guardrails, freeing ports, and means of access to crew's quarters (if 
necessitating replacement or other effective maintenance).
    (2) (Alternatively provided) If the foreign vessel has on board an 
International Load Line Exemption Certificate in lieu of an 
International Load Line Certificate, 1966, in such case, verify that it 
is valid and any conditions stipulated therein are met.
    (g) A foreign vessel of a nation for which the 1966 Convention has 
not come into force does not qualify for an International Load Line 
Certificate, 1966. In lieu thereof, such a vessel shall be required to 
have on board a valid Form B load line certificate or a recognized 1930 
Convention certificate.

[CGFR 68-60, 33 FR 10055, July 12, 1968, as amended by CGFR 68-126, 34 
FR 9012, June 5, 1969; USCG-1998-4442, 63 FR 52190, Sept. 30, 1998]