USC Chapter 143

in effect

46 U.S.C. § 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 Government is a party that is not in conflict with the Convention or the application of IMO Resolutions A.494 (XII) of November 19, 1981, A.540 (XIII) of November 17, 1983, and A.541 (XIII) of November 17, 1983.

46 U.S.C. § 14302 Measurement

(a) The Secretary shall measure a vessel to which this chapter applies in the way provided by this chapter and the Convention. (b) A vessel measured under this chapter may not be required to be measured under another law. (c) Unless otherwise provided by law, the measurement of a vessel under this chapter applies to a law of the United States whose applicability depends on a vessel’s tonnage, if that law—(1) becomes effective after July 18, 1994; or (2) is in effect before July 19, 1994, is not enumerated in section 14305 of this title, and is identified by the Secretary by regulation as a law to which this chapter applies.

46 U.S.C. § 14303 Tonnage Certificate

(a) After measuring a vessel under this chapter, the Secretary shall issue, on request of the owner, an International Tonnage Certificate (1969) and deliver it to the owner or master of the vessel. For a vessel to which the Convention does not apply, the Secretary shall prescribe a certificate to be issued as evidence of a vessel’s measurement under this chapter. (b) The certificate issued under this section shall be maintained as required by the Secretary.

46 U.S.C. § 14304 Remeasurement

(a) To the extent necessary, the Secretary shall remeasure a vessel to which this chapter applies if—(1) the Secretary or the owner alleges an error in its measurement; or (2) the vessel or the use of its space is changed in a way that substantially affects its tonnage. (b) Except as provided in this chapter or section 14504 of this title, a vessel that has been measured does not have to be remeasured to obtain another document or endorsement under chapter 121 of this title.

46 U.S.C. § 14305 Optional regulatory measurement

(a) On request of the owner of a vessel measured under this chapter that is of United States registry or nationality, or a vessel operated under the authority of the United States, the Secretary also shall measure the vessel under chapter 145 of this title. The tonnages determined under that chapter shall be used in applying—(1) parts A, B, C, E, F, and G of this subtitle and section 12116 of this title; (2) section 3(d)(3) of the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 903(d)(3)); (3) section 4 of the Bridge to Bridge Radiotelephone Act (33 U.S.C. 1203(a)); (4) section 4(a)(3) 11 See References in Text note below. of the Ports and Waterways Safety Act (33 U.S.C. 1223(a)(3)); (5) section 30524 of this title; (6) sections 12118 and 12132 of this title; (7) section 12139(b) of this title; (8) sections 351, 352, 355, and 356 of the Ship Radio Act (47 U.S.C. 351, 352, 354, and 354a); (9) section 403 of the Commercial Fishing Industry Vessel Act (46 U.S.C. 3302 note); (10) the Officers’ Competency Certificates Convention, 1936, and section 8304 of this title; (11) the International Convention for the Safety of Life at Sea as provided by IMCO Resolution A.494 (XII) of November 19, 1981; (12) the International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers, 1978, as provided by IMO Resolution A.540 (XIII) of November 17, 1983; (13) the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 Relating to the International Convention for the Prevention of Pollution from Ships, 1973, as provided by IMO Resolution A.541 (XIII) of November 17, 1983; (14) provisions of law establishing the threshold tonnage levels at which evidence of financial responsibility must be demonstrated; or (15) unless otherwise provided by law, any other law of the United States in effect before July 19, 1994, and not listed by the Secretary under section 14302(c) of this title. (b) As long as the owner of a vessel has a request in effect under subsection (a) of this section, the tonnages determined under that request shall be used in applying the other provisions of law described in subsection (a) to that vessel.

46 U.S.C. § 14306 Reciprocity for foreign vessels

(a) When the Secretary finds that the laws and regulations of a foreign country related to measurement of vessels are similar to those of this chapter and the regulations prescribed under this chapter, or when a foreign country is a party to the Convention, the Secretary shall accept the measurement and certificate of a vessel of that foreign country as complying with this chapter and the regulations prescribed under this chapter. (b) Subsection (a) of this section does not apply to a vessel of a foreign country that does not recognize measurements under this chapter. The Secretary may apply measurement standards the Secretary considers appropriate to the vessel, subject to applicable international agreements to which the United States Government is a party.

46 U.S.C. § 14307 Inspection of foreign vessels

(a) The Secretary may inspect a vessel of a foreign country to verify that—(1) the vessel has an International Tonnage Certificate (1969) and the main characteristics of the vessel correspond to the information in the certificate; or (2) if the vessel is from a country not a party to the Convention, the vessel has been measured under laws and regulations similar to those of this chapter and the regulations prescribed under this chapter. (b) For a vessel of a country that is a party to the Convention, if the inspection reveals that the vessel does not have an International Tonnage Certificate (1969) or that the main characteristics of the vessel differ from those stated on the certificate or other records in a way that increases the gross or net tonnage of the vessel, the Secretary promptly shall inform the country whose flag the vessel is flying. (c) For a vessel of a country not a party to the Convention—(1) if the vessel has been measured under laws and regulations that the Secretary finds are similar to those of this chapter and the regulations prescribed under this chapter, the vessel shall be deemed to have been issued an International Tonnage Certificate (1969); and (2) if the vessel has not been measured as described in clause (1) of this subsection, the Secretary may measure the vessel. (d) An inspection under this section shall be conducted in a way that does not delay a vessel of a country that is a party to the Convention.