
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: 46USC14305]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
                     Part J--Measurement of Vessels
 
                   CHAPTER 143--CONVENTION MEASUREMENT
 
Sec. 14305. Optional regulatory measurement

    (a) On request of the owner of a documented vessel measured under 
this chapter, the Secretary also shall measure the vessel under chapter 
145 of this title. The tonnages determined under that chapter shall be 
used in applying--
        (1) parts A, B, C, E, F, and G and sections 12106(c) and 
    12108(c) of this title;
        (2) section 3(d)(3) of the Longshore and Harbor Workers' 
    Compensation Act (33 U.S.C. 903(d)(3));
        (3) section 4 of the Bridge to Bridge Radiotelephone Act (33 
    U.S.C. 1203(a));
        (4) section 4(a)(3) of the Ports and Waterways Safety Act (33 
    U.S.C. 1223(a)(3));
        (5) section 4283 of the Revised Statutes of the United States 
    (46 App. U.S.C. 183);
        (6) sections 27 and 27A of the Act of June 5, 1920 (46 App. 
    U.S.C. 883 and 883-1);
        (7) Act of July 14, 1956 (46 App. U.S.C. 883a);
        (8) sections 351, 352, 355, and 356 of the Ship Radio Act (47 
    U.S.C. 351, 352, 354, and 354a);
        (9) section 403 of the Commercial Fishing Industry Vessel Act 
    (46 U.S.C. 3302 note);
        (10) the Officers' Competency Certificates Convention, 1936, and 
    sections 8303 and 8304 of this title;
        (11) the International Convention for the Safety of Life at Sea 
    as provided by IMCO Resolution A.494 (XII) of November 19, 1981;
        (12) the International Convention on Standards of Training, 
    Certification, and Watchkeeping for Seafarers, 1978, as provided by 
    IMO Resolution A.540 (XIII) of November 17, 1983;
        (13) the International Convention for the Prevention of 
    Pollution from Ships, 1973, as modified by the Protocol of 1978 
    Relating to the International Convention for the Prevention of 
    Pollution from Ships, 1973, as provided by IMO Resolution A.541 
    (XIII) of November 17, 1983;
        (14) provisions of law establishing the threshold tonnage levels 
    at which evidence of financial responsibility must be demonstrated; 
    or
        (15) unless otherwise provided by law, any other law of the 
    United States in effect before July 19, 1994, and not listed by the 
    Secretary under section 14302(c) of this title.

    (b) As long as the owner of a vessel has a request in effect under 
subsection (a) of this section, the tonnages determined under that 
request shall be used in applying the other provisions of law described 
in subsection (a) to that vessel.

(Added Pub. L. 99-509, title V, Sec. 5101(3), Oct. 21, 1986, 100 Stat. 
1921.)


                      Historical and Revision Notes

Revised section 14305
    Source: International Convention on Tonnage Measurement of Ships.
    Section 14305 requires that the Secretary measure a vessel under 
chapter 145 (Regulatory Measurement) of this title (in addition to 
measuring it under the Convention) at the request of the owner. For 
vessels that have obtained a regulatory tonnage measurement under this 
section, the Secretary is required to use the regulatory tonnage 
measurement to determine the application of those laws listed in section 
14305(a) and those not listed by the Secretary by regulation, as 
provided in section 14302(c). It is the intent of the Committee to list 
in section 14305(a) certain U.S. tonnage-based laws that would impose 
increased regulatory burdens on industry if the Convention measurement 
were used for applicability determinations.
    Clause (1) of section 14305(a) includes the following parts of 
subtitle II of title 46, U.S.C.:
        Part A: General provisions (including definitions.)
        Part B: Inspection and Regulation of Vessels.
        Part C: Load Lines, which is enacted as part of this 
    legislation. Although most load line requirements are based on 
    vessel length, and not tonnage, a few requirements are based on 
    tonnage. (It is only the tonnage based requirements to which this 
    provision applies.)
        Part E: Licenses, Certificates, and Merchant Mariners' 
    Documents.
        Part F: Manning of Vessels.
        Part G: Merchant Seamen Protection and Relief.
        Part H: Sections 12106(c) and 12108(c) only--Identification of 
    Vessels.
    The other U.S. laws listed in clause (2) through (10) of this 
section are self-explanatory. Clause (10) refers to domestic law as well 
as the Officers' Competency Certificates Convention, 1936.
    In addition, three other international conventions are listed in 
clauses (11) through (13): (1) the Convention for the Safety of Life at 
Sea, (2) the Convention on the Standards of Training, Certification, and 
Watchkeeping for Seafarers, and (3) the Convention for the Prevention of 
Pollution from Ships. The International Maritime Organization has 
established interim schemes which address the use of the Convention 
tonnage measurement system as a basis for the applicability of these 
three conventions. The applicable sections of those schemes are the 
following:
    The International Convention for the Safety of Life at Sea: IMCO 
Resolution A.494 (XII) of November 19, 1981 provides ``that at the 
request of a shipowner, the Administration may allow a ship required to 
be measured under the provisions of the International Convention on 
Tonnage Measurement of Ships, 1969, to use the gross tonnage measured 
under the national tonnage rules which are in effect prior to the coming 
into force of the 1969 Tonnage Convention, for the purpose of 
application of the provisions of the International Convention for the 
Safety of Life at Sea, such tonnage, however, shall not be shown on the 
1969 Tonnage Certificate.'' The resolution further provides that ``the 
interim scheme shall not apply to ships the keels of which are laid 
after 31 December 1985 with the following exceptions:
        ``(a) In respect of the requirements of Regulation 3 of Chapter 
    IV of the 1974 SOLAS Convention for ships the keels of which are 
    laid before 18 July 1994, the Administration may continue to apply 
    the interim scheme, in which case the above-mentioned entry should 
    be made in the Radio-telephony Certificate only; and
        ``(b) In respect of the regulations for cargo ships of less than 
    1,600 tons gross tonnage (as measured under national systems), the 
    keels of which are laid after 31 December 1985, the Administration 
    may continue to apply the interim scheme until 18 July 1984.''
    The International Convention on Standards of Training, 
Certification, and Watchkeeping for Seafarers, 1978: IMO Resolution 
A.540 (XIII) of November 17, 1983, provides ``that the revised interim 
scheme for tonnage measurement for certain ships adopted by resolution 
A.494 (XII), [described above] should also be applicable in respect of 
the provision of the International Convention, and Watchkeeping for 
Seafarers, 1978.''
    The International Convention for the Prevention of Pollution from 
Ships, 1973, as modified by the Protocol of 1978 Relating to the 
International Convention for the Prevention of Pollution from Ships, 
1973: IMO Resolution A.541 (XIII) of November 17, 1983, provides that:
        At the request of a shipowner, the Administration may allow a 
    ship of less than 400 tons gross tonnage (measured under the 
    previous national tonnage rules) the keel of which is laid on or 
    before 31 December 1985 and which is required to be measured under 
    the provisions of the International Convention on Tonnage 
    Measurement of Ships, 1969, to use the gross tonnage measured under 
    the national tonnage rules which were in effect prior to the coming 
    into force of the 1969 Tonnage Convention, for the purpose of 
    application of the provisions of MARPOL 73/78. Such tonnage, 
    however, shall not be shown on the 1969 Tonnage Certificate.
    It further provides that ``the interim scheme shall not apply to 
ships the keels of which are laid after 31 December 1985, except that in 
respect of regulations for ships of less than 400 tons gross tonnage (as 
measured under previous national rules), the keels of which are laid 
after 31 December 1985, the Administration may continue to apply the 
interim scheme until 18 July 1994.''
    Clause (14) provides that the regulatory measurement system may be 
used to determine which vessels must demonstrate evidence of financial 
responsibility (when such a demonstration is required by law). If it is 
determined that a vessel must show evidence of financial responsibility, 
the limits of financial responsibility are determined using the vessel's 
Convention measurement.
    Clause (15) provides that the regulatory measurement system may be 
used for the application of laws not identified by the Secretary under 
section 14302(c).
    Section 14305(b) provides that if a vessel is measured under the 
regulatory tonnage measurement system for the application of one law 
listed in subsection (a), it must be measured under that system for the 
application of all laws listed in subsection (a).

                       References in Text

    Section 4 of the Bridge to Bridge Radiotelephone Act (33 U.S.C. 
1203(a)), referred to in subsec. (a)(3), probably means section 4(a) of 
the Vessel Bridge-to-Bridge Radiotelephone Act, which is classified to 
section 1203(a) of Title 33, Navigation and Navigable Waters.
    Act of July 14, 1956 (46 App. U.S.C. 883a), referred to in subsec. 
(a)(7), probably means section 2 of Act July 14, 1956, ch. 600, 70 Stat. 
544, as amended, which is classified to section 883a of the Appendix to 
this title. For complete classification of this Act to the Code, see 
References in Text note set out under section 883a of the Appendix to 
this title and Tables.
    Sections 351, 352, 355, and 356 of the Ship Radio Act (47 U.S.C. 
351, 352, 354, and 354a), referred to in subsec. (a)(8), probably means 
sections 351, 352, 355, and 356 of the Communications Act of 1934, June 
19, 1934, ch. 652, 48 Stat. 1064, as amended, which are classified to 
sections 351, 352, 354, and 354a, respectively, of Title 47, Telegraphs, 
Telephones, and Radiotelegraphs.
    The Officers' Competency Certificates Convention, 1936, referred to 
in subsec. (a)(10), is set out in 54 Stat. Pt. 2, p. 1683.
    For provisions relating to International Conventions for the Safety 
of Life at Sea, referred to in subsec. (a)(11), to which the United 
States has been a party, see section 1602 of Title 33, Navigation and 
Navigable Waters, and notes thereunder.
    For provisions relating to the International Convention for the 
Prevention of Pollution from Ships, as modified, referred to in subsec. 
(a)(13), see chapter 33 (Sec. 1901 et seq.) of Title 33.

                  Section Referred to in Other Sections

    This section is referred to in sections 7506, 14302, 14501 of this 
title.
