
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 46USC14103]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
                     Part J--Measurement of Vessels
 
                          CHAPTER 141--GENERAL
 
Sec. 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 intended to be engaged 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.

(Added Pub. L. 99-509, title V, Sec. 5101(3), Oct. 21, 1986, 100 Stat. 
1919.)


                      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 
individuals), 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.
