
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 46USC14301]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
                     Part J--Measurement of Vessels
 
                   CHAPTER 143--CONVENTION MEASUREMENT
 
Sec. 14301. Application

    (a) Except as otherwise provided in this section, this chapter 
applies to the following:
        (1) a documented vessel.
        (2) a vessel that is to be documented under chapter 121 of this 
    title.
        (3) a vessel engaged on a foreign voyage.

    (b) This chapter does not apply to the following:
        (1) a vessel of war.
        (2) a vessel of less than 24 meters (79 feet) overall in length.
        (3) a vessel operating only on the Great Lakes, unless the owner 
    requests.
        (4) a vessel (except a vessel engaged 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) before July 19, 1994, an existing vessel unless--
            (A) the owner requests; or
            (B) the vessel undergoes a change that the Secretary finds 
        substantially affects the vessel's gross tonnage.

        (6) a barge (except a barge engaged on a foreign voyage) unless 
    the owner requests.

    (c) A vessel made subject to this chapter at the request of the 
owner may be remeasured only as provided by this chapter.
    (d) After July 18, 1994, an existing vessel (except an existing 
vessel referred to in subsection (b)(5)(A) or (B) of this section) 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.
    (e) 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.

(Added Pub. L. 99-509, title V, Sec. 5101(3), Oct. 21, 1986, 100 Stat. 
1920; amended Pub. L. 101-595, title III, Sec. 305, Nov. 16, 1990, 104 
Stat. 2985.)


                      Historical and Revision Notes

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;
        2. A vessel of less than 24 meters (79 feet) overall in length 
    (``overall in length'' is defined in section 2101);
        3. A vessel that operates only on the Great Lakes (although the 
    owner may request that it be measured under the Convention);
        4. A vessel whose keel was laid or was at a similar stage of 
    construction before January 1, 1986, and is on a domestic voyage, 
    unless the vessel undergoes a change that significantly changes its 
    tonnage or the owner requests that the vessel be measured under the 
    Convention; and
        5. A vessel whose keel was laid or was at a similar stage of 
    construction before July 18, 1982, unless the vessel undergoes a 
    change that significantly changes the vessel's tonnage or the owner 
    requests that the vessel be measured under the Convention.
    Together, subsections (b)(4) and (5) provide that, unless the owner 
requests measurement under the Convention, unaltered vessels built 
before 1986 engaging only on domestic voyages do not have to be measured 
under the Convention or use Convention measurement for the application 
of any domestic laws. Further, these subsections provide that unaltered 
vessels that are built before July 18, 1982, engaging on foreign voyages 
do not have to be measured under the Convention until 1994 and are not 
required to use Convention measurement as a basis for the application of 
any domestic laws.
    Section 14301(c) provides that if a vessel owner requests that the 
vessel be measured under the Convention, the vessel may only be 
remeasured under the Convention.
    Section 14301(d) provides that after July 18, 1994, a vessel whose 
keel was laid or was at a similar stage of construction before July 18, 
1982 may retain its regulatory tonnage for the application of 
requirements under U.S. laws or international agreements, except the 
International Convention on Tonnage Measurement of Ships. However, if 
the vessel was not required to be measured under the Convention, but the 
vessel's owner requested that the vessel be measured under the 
Convention system before July 19, 1994, or if the vessel undergoes a 
change affecting its tonnage, the vessel may not use its regulatory 
tonnage for the application of U.S. laws or international agreements 
after July 19, 1994.
    Section 14301(e) provides that this chapter does not affect any 
international agreement to which the United States is a party that is 
not in conflict with the International Convention on Tonnage Measurement 
of Ships, 1969. It further provides that this chapter does not affect 
the application of the three interim schemes of the International 
Maritime Organization, which are discussed under section 14305 below.


                               Amendments

    1990--Subsec. (b)(6). Pub. L. 101-595 added par. (6).


                           Report to Congress

    Section 5103(g) of Pub. L. 99-509 provided that: ``The Secretary of 
Transportation shall--
        ``(1) before July 19, 1990, submit to Congress--
            ``(A) a study of--
                ``(i) the impact of applying vessel tonnage determined 
            under chapter 143 of title 46 (as enacted by section 5101 of 
            this subtitle), United States Code, in laws of the United 
            States that contain provisions based on tonnage, including 
            an analysis of the number and types of vessels that would 
            become subject to additional laws or more stringent 
            requirements because of that application; and
                ``(ii) the extent to which the tonnage thresholds in 
            laws of the United States whose application is based on 
            tonnage would have to be raised so that additional vessels 
            would not become subject to those laws if their application 
            is based on tonnage determined under chapter 143; and
            ``(B) a recommendation of the levels to which the tonnage 
        thresholds in laws of the United States whose application is 
        based on tonnage should be raised if a complete conversion to 
        the International Convention measurement system under chapter 
        143 is made;
        ``(2) in conducting the study under clause (1) of this 
    subsection, consult with representatives of the private sector 
    having experience with the operation of vessels likely to be 
    affected by laws of the United States whose application is based on 
    tonnage; and
        ``(3) before July 19, 1988, submit to Congress an interim 
    progress report on the study conducted under clause (1) of this 
    subsection.''
