2014 US Code
Title 46 - Shipping (Sections 101 - 80509)
Subtitle II - Vessels and Seamen (Sections 2101 - 14702)
Part C - Load Lines of Vessels (Sections 5101 - 5116)
Chapter 51 - Load Lines (Sections 5101 - 5116)
Sec. 5108 - Special exemptions
| Publication Title | United States Code, 2012 Edition, Supplement 2, Title 46 - SHIPPING |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 46 - SHIPPING Subtitle II - Vessels and Seamen Part C - Load Lines of Vessels CHAPTER 51 - LOAD LINES Sec. 5108 - Special exemptions |
| Contains | section 5108 |
| Date | 2014 |
| Laws In Effect As Of Date | January 5, 2015 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | Pub. L. 99-509, title V, §5101(2), Oct. 21, 1986, 100 Stat. 1916. |
| Statutes at Large Reference | 100 Stat. 1916 |
| Public and Private Law | Public Law 98-557, Public Law 99-509 |
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(a) The Secretary may exempt a vessel from any part of this chapter when—
(1) the vessel is entitled to an exemption under an international agreement to which the United States Government is a party; or
(2) under regulations (including regulations on special operations conditions) prescribed by the Secretary, the Secretary finds that good cause exists for granting an exemption.
(b) When the Secretary grants an exemption under this section, the Secretary may issue a certificate of exemption stating the extent of the exemption.
(c) A certificate of exemption issued under subsection (b) of this section shall be maintained as required by the Secretary.
(Pub. L. 99–509, title V, §5101(2), Oct. 21, 1986, 100 Stat. 1916.)
HISTORICAL AND REVISION NOTESRevised section 5108Source: Section (U.S. Code) 46 App. U.S.C. 86e, 88a.
Section 5108(a) authorizes the Secretary to exempt a vessel from load line requirements if the vessel is entitled to an exemption under an international agreement to which the United States is a party. It also provides the Secretary with the new authority to exempt a vessel from load line requirements if the Secretary finds that there is good reason for granting the exemption. A specific exemption from load line requirements was authorized in Public Law 98–557 for barges operating close to shore between Calumet Harbor, Illinois and Burns Harbor, Indiana, because the geographic area and type of operation in this case did not warrant a requirement for load lines. Additional exemptions currently must be made by an Act of Congress. Section 5108(a) authorizes the Secretary to make such exemptions through regulation, and the Committee expects the Secretary to continue the exemption under this provision for vessels operating close to shore between Calumet Harbor, Illinois and Burns Harbor, Indiana.
Section 5108(b) authorizes the Secretary to issue a certificate of exemption when an exemption is granted.
Section 5108(c) requires that the certificate of exemption be maintained as required by the Secretary in a similar manner as under section 5106(b).
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