46 U.S.C. § 14511 — Application

Page 245 TITLE 46—SHIPPING § 14513 Section 14504(a) provides that the Secretary shall re- measure a vessel that has been measured under the reg- ulatory measurement system if either the Secretary or the owner alleges an error in its measurement; if the vessel, or its use, undergoes a substantial change af- fecting its tonnage; if the vessel loses its eligibility for measurement under the simplified system because of a change in the vessel or its use; or if the vessel owner re- quests that the vessel be measured under the simplified system after having been measured under the standard regulatory measurement system. Section 14504(b) pro- vides that a vessel that has been measured does not have to be remeasured to obtain another document or endorsement under chapter 121—‘‘Documentation of Vessels’’—except as provided above or in chapter 143 of this subtitle. SUBCHAPTER II—FORMAL SYSTEMS HISTORICAL AND REVISION NOTES This subchapter provides for the standard regulatory measurement of vessels for vessels that do not qualify for the simplified measurement systems. § 14511. Application This subchapter applies to a vessel described in section 14501 of this title if— (1) the owner requests; or (2) the vessel is— (A) self-propelled; (B) at least 24 meters (79 feet) overall in length; and (C) not operated only for pleasure. (Pub. L. 99–509, title V, § 5101(3), Oct. 21, 1986, 100 Stat. 1924.) HISTORICAL AND REVISION NOTES Revised section 14511 Source: Section (U.S. Code) 46 App. U.S.C. 71. Section 14511 lists the types of vessels that are to be measured under the standard regulatory measurement system. They are vessels for which the owner requests a standard measurement or vessels which are self-pro- pelled, at least 79 feet in length, and not operated only for pleasure. § 14512. Standard tonnage measurement (a) The Secretary shall prescribe regulations for measuring the gross and net tonnages of a vessel under this subchapter. The regulations shall provide for tonnages comparable to the tonnages that could have been assigned under sections 4151 and 4153 of the Revised Statutes of the United States, as sections 4151 and 4153 ex- isted immediately before the enactment of this section. (b) On application of the owner or master of a vessel of the United States used in foreign trade, the Secretary may attach an appendix to the vessel’s register stating the measurement of spaces that may be deducted from gross tonnage under laws and regulations of other countries but not under those of the United States. (Pub. L. 99–509, title V, § 5101(3), Oct. 21, 1986, 100 Stat. 1924.) HISTORICAL AND REVISION NOTES Revised section 14512 Source: Section (U.S. Code) 46 App. U.S.C. 75, 77. Section 14512(a) requires the Secretary to prescribe regulations for regulatory measurement systems. It further provides that the regulations must allow for the determination of tonnages similar to those that could have been found under the existing law (46 App. U.S.C. 75 & 77). Section 14512(b) authorizes the Secretary to attach an appendix to a vessel’s register stating the measurement of spaces that may be deducted from the gross tonnage under laws and regulations of other countries but not under the laws of the United States. Editorial Notes REFERENCES IN TEXT Sections 4151 and 4153 of the Revised Statutes, re- ferred to in subsec. (a), were classified to sections 75 and 77, respectively, of the former Appendix to this title and were repealed by Pub. L. 99–509, title V, § 5104(b), Oct. 21, 1986, 100 Stat. 1928. § 14513. Dual tonnage measurement (a) On application by the owner and approval by the Secretary, the tonnage of spaces pre- scribed by the Secretary may be excluded in measuring under this section the gross tonnage of a vessel measured under section 14512 of this title. The spaces prescribed by the Secretary shall be comparable to the spaces that could have been excluded under section 2 of the Act of September 29, 1965 (Public Law 89–219, 79 Stat. 891), as section 2 existed immediately before the enactment of this section. (b) The Secretary shall prescribe the design, location, and dimensions of the tonnage mark to be placed on a vessel measured under this sec- tion. (c)(1) If a vessel is assigned two sets of gross and net tonnages under this section, each cer- tificate stating the vessel’s tonnages shall state the gross and net tonnages when the vessel’s tonnage mark is submerged and when it is not submerged. (2) Except as provided in paragraph (1) of this subsection, a certificate stating a vessel’s ton- nages may state only one set of gross and net tonnages as assigned under this section. (Pub. L. 99–509, title V, § 5101(3), Oct. 21, 1986, 100 Stat. 1924; Pub. L. 111–281, title III, § 303(h), Oct. 15, 2010, 124 Stat. 2925.) HISTORICAL AND REVISION NOTES Revised section 14513 Source: Section (U.S. Code) 46 App. U.S.C. 83 to 83g. Section 14513 gives discretionary authority to the Secretary to exclude certain spaces in measuring the regulatory tonnage of a vessel, and requires the Sec- retary to prescribe the design, location and dimensions of the tonnage mark to be placed on the vessel. Section 14513 further provides that if spaces are excluded by the Secretary, they shall be comparable to those the Sec- retary could have excluded in existing law (46 App. U.S.C. 83a). Section 14513(c) provides that if a vessel’s tonnage mark is below the uppermost part of the load line mark, each certificate that states the vessel’s ton- nages must state the gross and net tonnages when the mark is submerged and when it is not submerged. Editorial Notes REFERENCES IN TEXT Section 2 of the Act of September 29, 1965, referred to in subsec. (a), was classified to section 83a of the former Appendix to this title and was repealed by Pub. L. 99–509, title V, § 5104(b), Oct. 21, 1986, 100 Stat. 1928. AMENDMENTS 2010—Subsec. (c)(1). Pub. L. 111–281, § 303(h)(1), sub- stituted ‘‘vessel is assigned two sets of gross and net