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pdf§ 14104
TITLE 46—SHIPPING
The conferees intend that in section 14103 the term
‘‘qualified person’’ includes not only organizations that
the Secretary finds to be qualified to perform measurement duties, but any person as that term is defined in
section 1 of title 1, United States Code (including individuals), that the Secretary determines qualified to
perform measurement duties. The House and Senate
conferees also agree that, where authorized, in addition
to information required by the Secretary, regulatory
tonnage should be used on all certificates and documents related to a vessel unless the owner otherwise
requests.
Section 14103(b) provides for the appeal to the Secretary of a decision made by a person that has received
delegated authority. This ensures that the Secretary
has full oversight of delegated tonnage measurement
functions.
Section 14103(c) authorizes the Secretary to delegate
to a country that is a party to the International Convention on Tonnage Measurement of Ships, 1969, the
authority to measure a vessel and issue an International Tonnage Certificate.
Section 14103(d) clarifies the Secretary’s authority to
revoke at any time and without cause a delegation of
authority to measure a vessel or issue a certificate.
This authority is given so that no delay occurs administratively in revoking a delegation wherever the Secretary decides a revocation is warranted.
Editorial Notes
AMENDMENTS
2010—Subsec. (c). Pub. L. 111–281 substituted ‘‘that engages on’’ for ‘‘intended to be engaged on’’.
§ 14104. Measurement to determine application of
a law
(a) When the application of a law of the United
States to a vessel depends on the vessel’s tonnage, the vessel shall be measured under this
part.
(b) If a statute allows for an alternate tonnage
to be prescribed under this section, the Secretary may prescribe it by regulation. Any such
regulation shall be considered to be an interpretive regulation for purposes of section 553 of
title 5. Until an alternate tonnage is prescribed,
the statutorily established tonnage shall apply
to vessels measured under chapter 143 or chapter
145 of this title.
(c) The head of each Federal agency shall ensure that regulations issued by the agency that
specify particular tonnages comply with the alternate tonnages implemented by the Secretary.
(Pub. L. 99–509, title V, § 5101(3), Oct. 21, 1986, 100
Stat. 1920; Pub. L. 104–324, title VII, § 702, Oct. 19,
1996, 110 Stat. 3933.)
HISTORICAL AND REVISION NOTES
Revised section 14104
Source: Section (U.S. Code) 46 App. U.S.C. 71.
Section 14104 requires that a vessel be measured
under Part J of this subtitle when the application of a
U.S. law to the vessel depends on its tonnage.
Editorial Notes
AMENDMENTS
1996—Pub. L. 104–324 designated existing provisions as
subsec. (a) and added subsecs. (b) and (c).
CHAPTER 143—CONVENTION MEASUREMENT
Sec.
14301.
Application.
Page 238
Sec.
14302.
14303.
14304.
14305.
14306.
14307.
Measurement.
Tonnage Certificate.
Remeasurement.
Optional regulatory measurement.
Reciprocity for foreign vessels.
Inspection of foreign vessels.
HISTORICAL AND REVISION NOTES
Chapter 143 provides implementing legislation for the
International Convention on Tonnage Measurement of
Ships (Convention) which came into effect in the
United States on February 10, 1983. Chapter 143, therefore, is based primarily on the Convention, not on provisions in existing U.S. law.
Editorial Notes
AMENDMENTS
2010—Pub. L. 111–281, title III, § 303(e)(3), Oct. 15, 2010,
124 Stat. 2925, substituted ‘‘Tonnage Certificate’’ for
‘‘International Tonnage Certificate (1969)’’ in item
14303.
§ 14301. Application
(a) Except as otherwise provided in this section, this chapter applies to any vessel for which
the application of an international agreement or
other law of the United States to the vessel depends on the vessel’s tonnage.
(b) This chapter does not apply to the following:
(1) a vessel of war, unless the government of
the country to which the vessel belongs elects
to measure the vessel under this chapter.
(2) a vessel of less than 24 meters (79 feet)
overall in length.
(3) a vessel of United States or Canadian registry or nationality, or a vessel operated under
the authority of the United States or Canada,
and that is operating only on the Great Lakes,
unless the owner requests.
(4) a vessel of United States registry or nationality, or one operated under the authority
of the United States (except a vessel that engages on a foreign voyage) the keel of which
was laid or that was at a similar stage of construction before January 1, 1986, unless—
(A) the owner requests; or
(B) the vessel undergoes a change that the
Secretary finds substantially affects the vessel’s gross tonnage.
(5) a barge of United States registry or nationality, or a barge operated under the authority of the United States (except a barge
that engages on a foreign voyage) unless the
owner requests.
(c) An existing vessel that has not undergone
a change that the Secretary finds substantially
affects the vessel’s gross tonnage (or a vessel to
which IMO Resolutions A.494 (XII) of November
19, 1981, A.540 (XIII) of November 17, 1983, or
A.541 (XIII) of November 17, 1983, apply) may retain its tonnages existing on July 18, 1994, for
the application of relevant requirements under
international agreements (except the Convention) and other laws of the United States. However, if the vessel undergoes a change substantially affecting its tonnage after July 18, 1994,
the vessel shall be remeasured under this chapter.
(d) This chapter does not affect an international agreement to which the United States
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| File Modified | 2024-03-14 |
| File Created | 2024-03-14 |