Page:United States Statutes at Large Volume 100 Part 3.djvu/106

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PUBLIC LAW 99-000—MMMM. DD, 1986

100 STAT. 1914

PUBLIC LAW 99-509—OCT. 21, 1986

81) taA ^ "(A) a place in a territory or possession of the United States or the Trust Territory of the Pacific Islands; and "(B) a place outside that territory, possession, or Trust Territory. "(2) 'economic benefit of the overloading' means the amount obtained by multiplying the weight of the overload (in tons) by the lesser of— '(A) the average freight rate value of a ton of the vessel's cargo for the voyage; or "(B) $50. si sflr:; "(3) 'existing vessel' means.^,,^ '(A) a vessel on a domestic voyage, the keel of which was laid, or that was at a similar stage of construction, before January 1, 1986; and "(B) a vessel on a foreign voyage, the keel of which was laid, or that was at a similar stage of construction, before July 21, 1968.

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"(4) 'freeboard' means the distance from the mark of the load line assigned under this chapter to the freeboard deck. 'Eio "(5) 'freeboard deck' means the deck or other structure the Secretary prescribes by regulation. "(6) 'minimum safe freeboard' means the freeboard that the Secretary decides cannot be reduced safely without limiting the operation of the vessel. "(7) 'weight of the overload' means the amount obtained by rl multiplying the number of inches that the vessel is submerged i« below the applicable assigned freeboard by the tons-an-inch "^ immersion factor for the vessel at the assigned minimum safe freeboard. •,.;.««,.....««........-.,-....,,...•:...•...... 46 USC 5102.

State and local governments,

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"§ 5102. Application "(a) Except as provided in subsection (b) of this section, this chapter applies to the following: "(1) a vessel of the United States. '™ ' "(2) a vessel on the navigable waters of the United States. "(3) a v e s s e l "(A) owned by a citizen of the United States or a corporation established by or under the laws of the United States or a State; and "(B) not registered in a foreign country. "(4) a public vessel of the United States. "(5) a vessel otherwise subject to the jurisdiction of the United States. "(b) This chapter does not apply to the following: "(1) a vessel of war. "(2) a recreational vessel when operated only for pleasure. "(3) a fishing vessel. "(4) a fish processing vessel of not more than 5,000 gross tons that— "(A)(i) was constructed as a fish processing vessel before August 16, 1974; or "(ii) was converted for use as a fish processing vessel nmwit. before January 1, 1983; and ,8S3*».t8.

"(B) is not on a foreign voyage. "(5) a fish t e n d e r vessel of not more than 500 gross tons that —