46 U.S.C. § 14521 — Application

Page 246 TITLE 46—SHIPPING § 14514 tonnages under this section,’’ for ‘‘vessel’s tonnage mark is below the uppermost part of the load line marks,’’ and inserted ‘‘vessel’s tonnage’’ before ‘‘mark is submerged’’. Subsec. (c)(2). Pub. L. 111–281, § 303(h)(2), substituted ‘‘as assigned under this section.’’ for period at end. § 14514. Reciprocity for foreign vessels For a foreign vessel not measured under chap- ter 143, if the Secretary finds that the laws and regulations of a foreign country related to meas- urement of vessels are substantially similar to those of this chapter and the regulations pre- scribed under this chapter, the Secretary may accept the measurement and certificate of a ves- sel of that foreign country as complying with this chapter and the regulations prescribed under this chapter. (Added Pub. L. 111–281, title III, § 303(i), Oct. 15, 2010, 124 Stat. 2925.) SUBCHAPTER III—SIMPLIFIED SYSTEM HISTORICAL AND REVISION NOTES This subchapter provides for a simplified regulatory measurement of vessels that are either non-self-pro- pelled, under 79′ in length, or operated only for pleas- ure. § 14521. Application This subchapter applies to a vessel described in section 14501 of this title that is not measured under subchapter II of this chapter. (Pub. L. 99–509, title V, § 5101(3), Oct. 21, 1986, 100 Stat. 1925.) HISTORICAL AND REVISION NOTES Revised section 14521 Source: Section (U.S. Code) 46 App. U.S.C. 71. Section 14521 provides that vessels that are to be measured under the regulatory measurement system in this chapter, but are not measured under the standard regulatory measurement system in subchapter II, shall be measured under the simplified measurement system. § 14522. Measurement (a) In this section, ‘‘length’’ means the hori- zontal distance of the hull between the foremost part of the stem and the aftermost part of the stern, excluding fittings and attachments. (b)(1) The Secretary shall assign gross and net tonnages to a vessel based on its length, breadth, depth, other dimensions, and appro- priate coefficients. (2) The Secretary shall prescribe the way di- mensions (except length) are measured and which coefficients are appropriate. (c) The resulting gross tonnages, taken as a group, reasonably shall reflect the relative in- ternal volumes of the vessels measured under this subchapter. The resulting net tonnages shall be in approximately the same ratios to corresponding gross tonnages as are the net and gross tonnages of comparable vessels measured under subchapter II of this chapter. (d) Under regulations prescribed by the Sec- retary, the Secretary may determine the gross and net tonnages of a vessel representative of a designated class, model, or type, and then assign those gross and net tonnages to other vessels of the same class, model, or type. (Pub. L. 99–509, title V, § 5101(3), Oct. 21, 1986, 100 Stat. 1925.) HISTORICAL AND REVISION NOTES Revised section 14522 Source: Section (U.S. Code) 46 App. U.S.C. 71. Section 14522(a) defines the term ‘‘length’’ as it is used in the simplified measurement system. Section 14522(b) requires the Secretary to assign gross and net tonnages under the simplified system, based on a vessel’s length, breadth, depth, other dimen- sions and appropriate coefficients, as the Secretary deems appropriate. Section 14522(c) provides that the gross tonnages as measured under this section shall reflect the relative internal volumes of vessels. It provides further that the net tonnages measured under this section shall be in approximately the same ratio to corresponding gross tonnages as are the net and gross tonnages of com- parable vessels measured under the standard regulatory measurement system. CHAPTER 147—PENALTIES Sec. 14701. General violation. 14702. False statements. HISTORICAL AND REVISION NOTES This chapter provides for penalties for violations of Part J—Measurement of Vessels. § 14701. General violation The owner, charterer, managing operator, agent, master, and individual in charge of a ves- sel violating this part or a regulation prescribed under this part are each liable to the United States Government for a civil penalty of not more than $20,000. Each day of a continuing vio- lation is a separate violation. The vessel also is liable in rem for the penalty. (Pub. L. 99–509, title V, § 5101(3), Oct. 21, 1986, 100 Stat. 1925.) HISTORICAL AND REVISION NOTES Revised section 14701 Source: Section (U.S. Code) 46 App. U.S.C. 83j. Section 14701 provides that the owner, charterer, managing operator, agent, master, and individual in charge of a vessel violating Part J—Measurement of Vessels—are each liable to the U.S. Government for a civil penalty of not more than $20,000. It also provides that the vessel is liable in rem for the penalty and that each day of a continuing violation is a separate viola- tion. § 14702. False statements A person knowingly making a false statement or representation in a matter in which a state- ment or representation is required by this part or a regulation prescribed under this part is lia- ble to the United States Government for a civil penalty of not more than $20,000 for each false statement or representation. The vessel also is liable in rem for the penalty. (Pub. L. 99–509, title V, § 5101(3), Oct. 21, 1986, 100 Stat. 1925.) HISTORICAL AND REVISION NOTES Revised section 14702 Source: Section (U.S. Code) 46 App. U.S.C. 83i. Section 14702 provides that a person knowingly mak- ing a false statement or representation in a matter in which a statement or representation is required by this