US (United States) Code. Title 46. Subtitle II. Part J. Chapter 143: Convention measurement

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Shipping. Measurement of Vessels

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-CITE-

46 USC CHAPTER 143 - CONVENTION MEASUREMENT 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part J - Measurement of Vessels

CHAPTER 143 - CONVENTION MEASUREMENT

-HEAD-

CHAPTER 143 - CONVENTION MEASUREMENT

-MISC1-

Sec.

14301. Application.

14302. Measurement.

14303. International Tonnage Certificate (1969).

14304. Remeasurement.

14305. Optional regulatory measurement.

14306. Reciprocity for foreign vessels.

14307. Inspection of foreign vessels.

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.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 7506, 12102, 14103,

14104, 14501, 14504 of this title; section 883 of Appendix to this

title.

-End-

-CITE-

46 USC Sec. 14301 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part J - Measurement of Vessels

CHAPTER 143 - CONVENTION MEASUREMENT

-HEAD-

Sec. 14301. Application

-STATUTE-

(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.

-SOURCE-

(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.)

-MISC1-

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."

-End-

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46 USC Sec. 14302 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part J - Measurement of Vessels

CHAPTER 143 - CONVENTION MEASUREMENT

-HEAD-

Sec. 14302. Measurement

-STATUTE-

(a) The Secretary shall measure a vessel to which this chapter

applies in the way provided by this chapter and the Convention.

(b) Except as provided in section 1602(a) of the Panama Canal Act

of 1979 (22 U.S.C. 3792(a)), a vessel measured under this chapter

may not be required to be measured under another law.

(c) Unless otherwise provided by law, the measurement of a vessel

under this chapter applies to a law of the United States whose

applicability depends on a vessel's tonnage, if that law -

(1) becomes effective after July 18, 1994; or

(2) is in effect before July 19, 1994, is not enumerated in

section 14305 of this title, and is identified by the Secretary

by regulation as a law to which this chapter applies.

-SOURCE-

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

Stat. 1921.)

-MISC1-

HISTORICAL AND REVISION NOTES

Revised section 14302

Source: International Convention on Tonnage Measurement of Ships.

Section 14302(a) requires the Secretary to measure a vessel to

which this chapter applies, in the way provided by this chapter and

by the Convention. Section 14302(b) provides that a vessel that is

required to be measured under this chapter can not also be required

to be measured under another law. The exception allows the Panama

Canal Commission to continue to use the Canal measurement system

for calculation of tolls. Section 14302(c) provides that the

applicability of tonnage-based laws that become effective after

July 18, 1994, will be based on Convention tonnage measurements.

The applicability of tonnage-based laws in effect before July 19,

1994, which are listed by the Secretary, will also be based on

Convention tonnage. Therefore, the laws that will be based on

regulatory tonnage are those not listed by the Secretary by

regulation and those listed in section 14305 of this legislation.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2101, 2113, 3302, 3306,

3318, 3702, 3703a, 3707, 3708, 4701, 5102, 7101, 7308, 7310, 7312,

7313, 7506, 8101, 8102, 8103, 8104, 8301, 8304, 8701, 8702, 8901,

9303, 10101, 10301, 10501, 10601, 11101, 11102, 11301, 12106,

12108, 14305 of this title; sections 883-1, 883a, 1295a of Appendix

to this title; title 33 sections 903, 1203, 1223.

-End-

-CITE-

46 USC Sec. 14303 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part J - Measurement of Vessels

CHAPTER 143 - CONVENTION MEASUREMENT

-HEAD-

Sec. 14303. International Tonnage Certificate (1969)

-STATUTE-

(a) After measuring a vessel under this chapter, the Secretary

shall issue, on request of the owner, an International Tonnage

Certificate (1969) and deliver it to the owner or master of the

vessel.

(b) The certificate shall be maintained as required by the

Secretary.

-SOURCE-

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

Stat. 1921.)

-MISC1-

HISTORICAL AND REVISION NOTES

Revised section 14303

Source: International Convention on Tonnage Measurement of Ships.

Section 14303(a) requires the Secretary to issue, on the request

of the owner, an International Tonnage Certificate after measuring

a vessel under this chapter. Section 14303(b) requires that the

certificate be maintained as required by the Secretary.

-End-

-CITE-

46 USC Sec. 14304 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part J - Measurement of Vessels

CHAPTER 143 - CONVENTION MEASUREMENT

-HEAD-

Sec. 14304. Remeasurement

-STATUTE-

(a) To the extent necessary, the Secretary shall remeasure a

vessel to which this chapter applies if -

(1) the Secretary or the owner alleges an error in its

measurement; or

(2) the vessel or the use of its space is changed in a way that

substantially affects its tonnage.

(b) Except as provided in this chapter or section 14504 of this

title, a vessel that has been measured does not have to be

remeasured to obtain another document or endorsement under chapter

121 of this title.

-SOURCE-

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

Stat. 1921.)

-MISC1-

HISTORICAL AND REVISION NOTES

Revised section 14304

Source: International Convention on Tonnage Measurement of Ships.

Section 14304(a) requires the Secretary to remeasure a vessel, to

the extent necessary, if there is an alleged error regarding its

measurement or if the vessel or its use undergoes a change

substantially affecting its tonnage. The phrase "to the extent

necessary" was included to indicate that a complete remeasurement

of the vessel may not be necessary if, for example, an error was

made in one portion of the vessel's measurement and only that

portion needs to be remeasured.

Section 14304(b) provides that except as provided in section

14504, a vessel that has been measured does not have to be

remeasured to obtain another document or endorsement under chapter

121 of this title.

-End-

-CITE-

46 USC Sec. 14305 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part J - Measurement of Vessels

CHAPTER 143 - CONVENTION MEASUREMENT

-HEAD-

Sec. 14305. Optional regulatory measurement

-STATUTE-

(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.

-SOURCE-

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

Stat. 1921.)

-MISC1-

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).

-REFTEXT-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

this title.

-End-

-CITE-

46 USC Sec. 14306 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part J - Measurement of Vessels

CHAPTER 143 - CONVENTION MEASUREMENT

-HEAD-

Sec. 14306. Reciprocity for foreign vessels

-STATUTE-

(a) When the Secretary finds that the laws and regulations of a

foreign country related to measurement of vessels are similar to

those of this chapter and the regulations prescribed under this

chapter, or when a foreign country is a party to the Convention,

the Secretary shall accept the measurement and certificate of a

vessel of that foreign country as complying with this chapter and

the regulations prescribed under this chapter.

(b) Subsection (a) of this section does not apply to a vessel of

a foreign country that does not recognize measurements under this

chapter. The Secretary may apply measurement standards the

Secretary considers appropriate to the vessel, subject to

applicable international agreements to which the United States

Government is a party.

-SOURCE-

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

Stat. 1922.)

-MISC1-

HISTORICAL AND REVISION NOTES

Revised section 14306

Source: International Convention on Tonnage Measurement of Ships.

Section (U.S. Code) 46 App. U.S.C. 81.

Section 14306(a) requires that the Secretary accept the

measurement and certificate of a vessel of a foreign country as

evidence of compliance with this chapter when the Secretary finds

that the laws and regulations of that foreign country that are

related to measurement are similar to those of this chapter, or

that that country is a party to the Convention.

Section 14306(b) provides that the Secretary does not have to

accept the measurement and certificate of a vessel of a country

that does not recognize United States measurements. It also

authorizes the Secretary to apply appropriate measurement standards

to such foreign vessels, subject to international agreements to

which the United States is a party.

-End-

-CITE-

46 USC Sec. 14307 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part J - Measurement of Vessels

CHAPTER 143 - CONVENTION MEASUREMENT

-HEAD-

Sec. 14307. Inspection of foreign vessels

-STATUTE-

(a) The Secretary may inspect a vessel of a foreign country to

verify that -

(1) the vessel has an International Tonnage Certificate (1969)

and the main characteristics of the vessel correspond to the

information in the certificate; or

(2) if the vessel is from a country not a party to the

Convention, the vessel has been measured under laws and

regulations similar to those of this chapter and the regulations

prescribed under this chapter.

(b) For a vessel of a country that is a party to the Convention,

if the inspection reveals that the vessel does not have an

International Tonnage Certificate (1969) or that the main

characteristics of the vessel differ from those stated on the

certificate or other records in a way that increases the gross or

net tonnage of the vessel, the Secretary promptly shall inform the

country whose flag the vessel is flying.

(c) For a vessel of a country not a party to the Convention -

(1) if the vessel has been measured under laws and regulations

that the Secretary finds are similar to those of this chapter and

the regulations prescribed under this chapter, the vessel shall

be deemed to have been issued an International Tonnage

Certificate (1969); and

(2) if the vessel has not been measured as described in clause

(1) of this subsection, the Secretary may measure the vessel.

(d) An inspection under this section shall be conducted in a way

that does not delay a vessel of a country that is a party to the

Convention.

-SOURCE-

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

Stat. 1922.)

-MISC1-

HISTORICAL AND REVISION NOTES

Revised section 14307

Source: International Convention on Tonnage Measurement of Ships.

Section 14307(a) authorizes the Secretary to inspect a vessel of

a foreign country to verify that the vessel has an International

Tonnage Certificate and that the main characteristics of the vessel

correspond to the information in the certificate. Section 14307(a)

also authorizes the Secretary to inspect a vessel from a foreign

country that is not a party to the Convention in order to verify

that the vessel has been measured under laws and regulations

similar to those of this chapter.

Section 14307(b) requires that if the Secretary inspects a vessel

of a country that is a party to the Convention and finds that the

vessel does not have an International Tonnage Certificate or that

the main characteristics of the vessel differ from those stated on

the certificate or other records in a way that increases the gross

or net tonnage of the vessel, the Secretary must inform the country

whose flag the vessel is flying.

Section 14307(c) provides that if the Secretary finds that a

vessel of a country not a party to the Convention has been measured

under laws and regulations similar to those of this chapter, that

the vessel shall be deemed to have been issued an International

Tonnage Certificate. It also provides that the Secretary may

measure the vessel if the Secretary finds that the vessel has not

been measured under laws and regulations similar to those of this

chapter.

Section 14307(d) provides that an inspection under this section

shall be conducted in a way that does not delay a vessel of a

country that is a party to the Convention.

-End-