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

Federal law — U.S. Code and appendices · legal_authorities

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

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Stable record: federal_law:legal_authorities:record_usc_dd239acc4b35d4313fd050de
Source file: Laws/federal/codes/united-states-code/title-46/section-14305-optional-regulatory-measurement--df1e2667a0.md
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Source location: Title 46, Chapter 143, § 14305; chapter-143-convention-measurement.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12116&num=0&edition=prelim); (2) section 3(d)(3) of the Longshore and Harbor Workers’ Compensation Act ([33 U.S.C. 903(d)(3)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section903/d/3&num=0&edition=prelim)); (3) section 4 of the Bridge to Bridge Radiotelephone Act ([33 U.S.C. 1203(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1203/a&num=0&edition=prelim)); (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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1223/a/3&num=0&edition=prelim)); (5) [section 30524 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section30524&num=0&edition=prelim); (6) sections 12118 and 12132 of this title; (7) [section 12139(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12139/b&num=0&edition=prelim); (8) sections 351, 352, 355, and 356 of the Ship Radio Act ([47 U.S.C. 351](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section351&num=0&edition=prelim), 352, 354, and 354a); (9) section 403 of the Commercial Fishing Industry Vessel Act ([46 U.S.C. 3302](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section3302&num=0&edition=prelim) note); (10) the Officers’ Competency Certificates Convention, 1936, and [section 8304 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section8304&num=0&edition=prelim); (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14302/c&num=0&edition=prelim). **(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.

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 351 — Ship radio stations and operations

**(a)** Except as provided in section 352 hereof it shall be unlawful— (1) For any ship of the United States, other than a cargo ship of less than three hundred gross tons, to be navigated in the open sea outside of a harbor or port, or for any ship of the United States or any foreign country, other than a cargo ship of less than three hundred gross tons, to leave or attempt to leave any harbor or port of the United States for a voyage in the open sea, unless such ship is equipped with an efficient radio station in operating condition, as specified by subparagraphs (A) and (B) of this paragraph, in charge of and operated by one or more radio officers or operators, adequately installed and protected so as to insure proper operation, and so as not to endanger the ship and radio station as hereinafter provided, and, in the case of a ship of the United States, unless there is on board a valid station license issued in accordance with this chapter. (A) Passenger ships irrespective of size and cargo ships of one thousand six hundred gross tons and upward shall be equipped with a radiotelegraph station complying with the provisions of this part; (B) Cargo ships of three hundred gross tons and upward but less than one thousand six hundred gross tons, unless equipped with a radiotelegraph station complying with the provisions of this part, shall be equipped with a radiotelephone station complying with the provisions of this part. (2) For any ship of the United States of one thousand six hundred gross tons and upward to be navigated in the open sea outside of a harbor or port, or for any such ship of the United States or any foreign country to leave or attempt to leave any harbor or port of the United States for a voyage in the open sea, unless such ship is equipped with

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 3302 — Exemptions

**(a)** A vessel is not excluded from one category only because the vessel is— (1) included in another category of [section 3301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section3301&num=0&edition=prelim); or (2) excluded by this section from another category of [section 3301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section3301&num=0&edition=prelim). **(b)** Except as provided in subsection (c)(3) of this section, a fishing vessel, including a vessel chartered part-time as a fish tender vessel, is exempt from section 3301(1), (7), (11), and (12) of this title. **(c)** (1) Except as provided in paragraph (3) of this subsection, a fish processing vessel of not more than 5,000 gross tons as measured under [section 14502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14502&num=0&edition=prelim), or an alternate tonnage measured under [section 14302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14302&num=0&edition=prelim) as prescribed by the Secretary under [section 14104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14104&num=0&edition=prelim) is exempt from section 3301(1), (6), (7), (11), and (12) of this title. (2) Except as provided in paragraphs (3) and (4) of this subsection, the following fish tender vessels are exempt from section 3301(1), (6), (7), (11), and (12) of this title: (A) A vessel of not more than 500 gross tons as measured under [section 14502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14502&num=0&edition=prelim) or an alternate tonnage measured under [section 14302 of this title](h

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 8304 — Implementing the Officers’ Competency Certificates Convention, 1936

**(a)** In this section, “high seas” means waters seaward of the Boundary Line. **(b)** The Officers’ Competency Certificates Convention, 1936 (International Labor Organization Draft Convention Numbered 53, on the minimum requirement of professional capacity for masters and officers on board merchant vessels), as ratified by the President on September 1, 1938, with understandings appended, and this section apply to a documented vessel operating on the high seas except— (1) a public vessel; (2) a wooden vessel of primitive build, such as a dhow or junk; (3) a barge; and (4) a vessel of less than 200 gross tons as measured under [section 14502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14502&num=0&edition=prelim), or an alternate tonnage measured under [section 14302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14302&num=0&edition=prelim) as prescribed by the Secretary under [section 14104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14104&num=0&edition=prelim). **(c)** A person may not engage or employ an individual to serve as, and an individual may not serve as, a master, mate, or engineer on a vessel to which this section applies, if the individual does not have a license issued under [section 7101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section7101&num=0&edition=prelim) authorizing service in the capacity in which the individual is to be engaged or employed. **(d)** A person (including an individual) violating this section is liable to the United States Government for a civil penalty of $100. **(e)** A license issued to an individual to whom this section applies is a certificate

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 12116 — Limited endorsements for Guam, American Samoa, and Northern Mariana Islands

**(a) Endorsements.—** A vessel satisfying the requirements of subsection (b) may be issued— (1) a coastwise endorsement to engage in the coastwise trade of fisheries products between places in Guam, American Samoa, and the Northern Mariana Islands; or (2) a fishery endorsement to engage in fishing in the territorial sea and fishery conservation zone adjacent to Guam, American Samoa, and the Northern Mariana Islands. **(b) Requirements.—** An endorsement may be issued under subsection (a) for a vessel that— (1) satisfies the requirements of [section 12103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12103&num=0&edition=prelim); (2) was not built in the United States, except that for an endorsement under subsection (a)(2), the vessel must not have been built or rebuilt in the United States; (3) is less than 200 gross tons as measured under [section 14502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14502&num=0&edition=prelim), or an alternate tonnage as measured under [section 14302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14302&num=0&edition=prelim) as prescribed by the Secretary under [section 14104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14104&num=0&edition=prelim); and (4) otherwise qualifies under the laws of the United States to engage in the coastwise trade or the fisheries, as the case may be.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 70001 — Vessel traffic services

**(a) In General.—** Subject to the requirements of section 70004, the Secretary— (1) in any port or place under the jurisdiction of the United States, in the navigable waters of the United States, or in any area covered by an international agreement negotiated pursuant to section 70005, may construct, operate, maintain, improve, or expand vessel traffic services, that consist of measures for controlling or supervising vessel traffic or for protecting navigation and the marine environment and that may include one or more of reporting and operating requirements, surveillance and communications systems, routing systems, and fairways; (2) shall require appropriate vessels that operate in an area of a vessel traffic service to utilize or comply with that service; (3) may require vessels to install and use specified navigation equipment, communications equipment, electronic relative motion analyzer equipment, or any electronic or other device necessary to comply with a vessel traffic service or that is necessary in the interests of vessel safety, except that the Secretary shall not require fishing vessels under 300 gross tons as measured under section 14502, or an alternate tonnage measured under section 14302 as prescribed by the Secretary under section 14104, or recreational vessels 65 feet or less to possess or use the equipment or devices required by this subsection solely under the authority of this chapter; (4) may control vessel traffic in areas subject to the jurisdiction of the United States that the Secretary determines to be hazardous, or under conditions of reduced visibility, adverse weather, vessel congestion, or other hazardous circumstances, by— (A) specifying times of entry, movement, or departure; (B) establishing vessel traffic routing schemes;

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 101 — Agency

In this title, the term “agency” means a department, agency, or instrumentality of the United States Government.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1602 — International Regulations

**(a) Proclamation by President; effective date** The President is authorized to proclaim the International Regulations for Preventing Collisions at Sea, 1972 (hereinafter referred to as the “International Regulations”). The effective date of the International Regulations for the United States shall be specified in the proclamation and shall be the date as near as possible to, but no earlier than, the date on which the Convention on the International Regulations for Preventing Collisions at Sea, 1972 (hereinafter referred to as the “Convention”), signed at London, England, under date of October 20, 1972, enters into force for the United States. The International Regulations proclaimed shall consist of the rules and other annexes attached to the Convention. **(b) Publication of proclamation in Federal Register** The proclamation shall include the International Regulations and shall be published in the Federal Register. On the date specified in the proclamation, the International Regulations shall enter into force for the United States and shall have effect as if enacted by statute. **(c) Amendment of International Regulations** Subject to the provisions of subsection (d) of this section, the President is also authorized to proclaim any amendment to the International Regulations hereafter adopted in accordance with the provisions of article VI of the Convention, and to which the United States does not object. The effective date of the amendment shall be specified in the proclamation and shall be in accordance with the provisions of the said article VI. The proclamation shall include the adopted amendment and shall be published in the Federal Register. On the date specified in the proclamation, the amendment shall enter into force for the United States as a constituent p

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 30524 — Limit of liability for personal injury or death

**(a) Application.—** This section applies only to seagoing vessels, but does not apply to pleasure yachts, tugs, towboats, towing vessels, tank vessels, fishing vessels, fish tender vessels, canal boats, scows, car floats, barges, lighters, or nondescript vessels. **(b) Minimum Liability.—** If the amount of the vessel owner’s liability determined under [section 30523 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section30523&num=0&edition=prelim) is insufficient to pay all losses in full, and the portion available to pay claims for personal injury or death is less than $420 times the tonnage of the vessel, that portion shall be increased to $420 times the tonnage of the vessel. That portion may be used only to pay claims for personal injury or death. **(c) Calculation of Tonnage.—** Under subsection (b), the tonnage of a self-propelled vessel is the gross tonnage without deduction for engine room, and the tonnage of a sailing vessel is the tonnage for documentation. However, space for the use of seamen is excluded. **(d) Claims Arising on Distinct Occasions.—** Separate limits of liability apply to claims for personal injury or death arising on distinct occasions. **(e) Privity or Knowledge.—** In a claim for personal injury or death, the privity or knowledge of the master or the owner’s superintendent or managing agent, at or before the beginning of each voyage, is imputed to the owner.

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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14305&num=0&edition=prelim), and is identified by the Secretary by regulation as a law to which this chapter applies.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 14501 — Application

This chapter applies to the following: (1) A vessel not measured under chapter 143 of this title if the application of an international agreement or other law of the United States to the vessel depends on the vessel’s tonnage. (2) A vessel measured under chapter 143 of this title if the owner requests that the vessel also be measured under this chapter as provided in [section 14305 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14305&num=0&edition=prelim).

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