1625-0022 Stat/Authority

§ 14104

TITLE 46—SHIPPING

tion 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.

Page 668

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.
(Pub. L. 99–509, title V, § 5101(3), Oct. 21, 1986, 100
Stat. 1920; Pub. L. 101–595, title III, § 305, Nov. 16,
1990, 104 Stat. 2985; Pub. L. 111–281, title III, § 303(c),
Oct. 15, 2010, 124 Stat. 2924.)

Historical and Revision Notes

Historical and Revision Notes

Chapter 143 provides implementing legislation for the
International Convention on Tonnage Measurement of Ships
(Convention) which came into effect in the United States
on February 10, 1983. Chapter 143, therefore, is based primarily on the Convention, not on provisions in existing
U.S. law.

Revised section 14301
Source: International Convention on Tonnage Measurement of Ships.
Section 14301 delineates which vessels must be measured in compliance with the standards of the Convention.
Section 14301(a) provides that a vessel must be measured under the standards of the Convention if it is documented or required by law to be documented under chapter 121 of this subtitle or if it is engaged on a foreign
voyage, unless the vessel is specifically exempted under
section 14301(b).
Section 14301(b) provides the following exemptions from
the requirement in section 14301(a) to be measured under
the Convention:
1. A vessel of war;

Amendments
2010—Pub. L. 111–281, title III, § 303(e)(3), Oct. 15, 2010,
124 Stat. 2925, substituted “Tonnage Certificate” for “International Tonnage Certificate (1969)” in item 14303.

§ 14301. Application
(a) Except as otherwise provided in this section, this chapter applies to any vessel for which