1625-0022 Stat/Authority

Page 207

§ 14104

TITLE 46—SHIPPING

(Pub. L. 99–509, title V, § 5101(3), Oct. 21, 1986, 100
Stat. 1919; Pub. L. 111–281, title III, § 303(a), Oct.
15, 2010, 124 Stat. 2923.)
HISTORICAL AND REVISION NOTES
Revised section 14101
Source: International Convention on Tonnage Measurement of Ships.
Section 14101 contains definitions that are limited to
Part J—Measurement of Vessels. The source of these
definitions is the International Convention on Tonnage
Measurement of Ships in articles 2 and 4.
AMENDMENTS
2010—Par. (4). Pub. L. 111–281, § 303(a)(1), substituted
‘‘that engages’’ for ‘‘engaged’’ in introductory provisions.
Par. (4)(A). Pub. L. 111–281, § 303(a)(2), substituted
‘‘that arrives’’ for ‘‘arriving’’.
Par. (4)(B). Pub. L. 111–281, § 303(a)(3), substituted
‘‘that makes’’ for ‘‘making’’ and struck out ‘‘(except a
foreign vessel engaged on that voyage)’’ after ‘‘United
States’’.
Par. (4)(C). Pub. L. 111–281, § 303(a)(4), substituted
‘‘that departs’’ for ‘‘departing’’.
Par. (4)(D). Pub. L. 111–281, § 303(a)(5), substituted
‘‘that makes’’ for ‘‘making’’.

[§ 14102. Repealed. Pub. L. 101–595, title VI,
§ 603(12)(A), Nov. 16, 1990, 104 Stat. 2993]
Section, Pub. L. 99–509, title V, § 5101(3), Oct. 21, 1986,
100 Stat. 1919, authorized Secretary to prescribe regulations to carry out this part.

§ 14103. Delegation of authority
(a) The Secretary may delegate to a qualified
person the authority to measure a vessel and
issue an International Tonnage Certificate (1969)
or other appropriate certificate of measurement
under this part.
(b) Under regulations prescribed by the Secretary, a decision of the person delegated authority under subsection (a) of this section related to measuring a vessel or issuing a certificate may be appealed to the Secretary.
(c) For a vessel that engages on a foreign voyage, the Secretary may delegate to another
country that is a party to the Convention the
authority to measure the vessel and issue an
International Tonnage Certificate (1969) under
chapter 143 of this title.
(d) The Secretary may terminate a delegation
made under this section after giving written notice to the person.
(Pub. L. 99–509, title V, § 5101(3), Oct. 21, 1986, 100
Stat. 1919; Pub. L. 111–281, title III, § 303(b), Oct.
15, 2010, 124 Stat. 2924.)
HISTORICAL AND REVISION NOTES
Revised section 14103
Source: International Convention on Tonnage Measurement of Ships.
Section 14103(a) authorizes the Secretary to delegate
to a qualified person the authority to measure a vessel
and issue an International Tonnage Certificate or other
certificate of measurement. The term ‘‘qualified person’’ means an organization that the Secretary believes
has the necessary qualifications to measure a vessel
competently, such as the American Bureau of 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 indi-

viduals), 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.
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.
AMENDMENTS
1996—Pub. L. 104–324 designated existing provisions as
subsec. (a) and added subsecs. (b) and (c).

CHAPTER 143—CONVENTION MEASUREMENT
Sec.

14301.
14302.
14303.
14304.
14305.
14306.
14307.

Application.
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