US (United States) Code. Title 46. Subtitle II: Vessels and Seamen. Chapter 145: Regulatory measurement

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Shipping. Measurement

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 15 páginas
publicidad

-CITE-

46 USC CHAPTER 145 - REGULATORY MEASUREMENT 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part J - Measurement of Vessels

CHAPTER 145 - REGULATORY MEASUREMENT

-HEAD-

CHAPTER 145 - REGULATORY MEASUREMENT

-MISC1-

SUBCHAPTER I - GENERAL

Sec.

14501. Application.

14502. Measurement.

14503. Certificate of measurement.

14504. Remeasurement.

SUBCHAPTER II - FORMAL SYSTEMS

14511. Application.

14512. Standard tonnage measurement.

14513. Dual tonnage measurement.

SUBCHAPTER III - SIMPLIFIED SYSTEM

14521. Application.

14522. Measurement.

HISTORICAL AND REVISION NOTES

This chapter provides for the measurement of vessels for the

purpose of the application of domestic laws.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 3703a, 12102, 14104,

14305 of this title.

-End-

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46 USC SUBCHAPTER I - GENERAL 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part J - Measurement of Vessels

CHAPTER 145 - REGULATORY MEASUREMENT

SUBCHAPTER I - GENERAL

-HEAD-

SUBCHAPTER I - GENERAL

-MISC1-

HISTORICAL AND REVISION NOTES

This subchapter contains the general provisions for implementing

regulatory measurement systems.

-End-

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46 USC Sec. 14501 01/06/03

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TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part J - Measurement of Vessels

CHAPTER 145 - REGULATORY MEASUREMENT

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 14501. Application

-STATUTE-

This chapter applies to the following:

(1) a vessel not measured under chapter 143 of this title if -

(A) the vessel is to be documented under chapter 121 of this

title; or

(B) the application of a law of the United States to the

vessel depends on the vessel's tonnage.

(2) a vessel measured under chapter 143 of this title if the

owner requests that the vessel also be measured under this

chapter as provided in section 14305 of this title.

-SOURCE-

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

Stat. 1923.)

-MISC1-

HISTORICAL AND REVISION NOTES

Revised section 14501

Source: Section (U.S. Code) 46 App. U.S.C. 71.

Section 14501 delineates the vessels that must be measured under

this chapter, i.e. under the regulatory tonnage measurement system.

Section 14501(1) states that a vessel must be measured under this

chapter if the vessel has not been measured under the International

Convention on Tonnage Measurement of Ships, and if the vessel is to

be documented as a vessel of the United States under chapter 121 of

this subtitle, or if the application of a United States law depends

on the vessels tonnage. Section 14501(2) states that a vessel must

be measured under the regulatory measurement system if the owner

requests.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14511, 14521 of this

title.

-End-

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46 USC Sec. 14502 01/06/03

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TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part J - Measurement of Vessels

CHAPTER 145 - REGULATORY MEASUREMENT

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 14502. Measurement

-STATUTE-

The Secretary shall measure a vessel to which this chapter

applies in the way provided by this chapter.

-SOURCE-

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

Stat. 1923.)

-MISC1-

HISTORICAL AND REVISION NOTES

Revised section 14502

Source: Section (U.S. Code) 46 App. U.S.C. 71, 77, 83.

Section 14502 requires the Secretary to measure a vessel to which

this chapter applies as provided by this chapter.

-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, 8101, 8102, 8103, 8104, 8301, 8304, 8701, 8702, 8901, 9303,

10101, 10301, 10501, 10601, 11101, 11102, 11301, 12106, 12108 of

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

title 33 sections 903, 1203, 1223.

-End-

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46 USC Sec. 14503 01/06/03

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TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part J - Measurement of Vessels

CHAPTER 145 - REGULATORY MEASUREMENT

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 14503. Certificate of measurement

-STATUTE-

The Secretary shall prescribe the certificate to be issued as

evidence of a vessel's measurement under this chapter.

-SOURCE-

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

Stat. 1923.)

-MISC1-

HISTORICAL AND REVISION NOTES

Revised section 14503

Source: Section (U.S. Code) 46 App. U.S.C. 72.

Section 14503 requires the Secretary to issue a certificate, in a

manner that is to be prescribed by the Secretary, as evidence of a

vessel's regulatory measurement.

-End-

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46 USC Sec. 14504 01/06/03

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TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part J - Measurement of Vessels

CHAPTER 145 - REGULATORY MEASUREMENT

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 14504. 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;

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

substantially affects its tonnage;

(3) after being measured under subchapter III of this chapter,

the vessel becomes subject to subchapter II of this chapter

because the vessel or its use is changed; or

(4) although not required to be measured under subchapter II of

this chapter, the vessel was measured under subchapter II and the

owner requests that the vessel be measured under subchapter III

of this chapter.

(b) Except as provided in this section and chapter 143 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. 1923.)

-MISC1-

HISTORICAL AND REVISION NOTES

Revised section 14504

Source: Section (U.S. Code) 46 App. U.S.C. 71.

Section 14504(a) provides that the Secretary shall remeasure a

vessel that has been measured under the regulatory measurement

system if either the Secretary or the owner alleges an error in its

measurement; if the vessel, or its use, undergoes a substantial

change affecting its tonnage; if the vessel loses its eligibility

for measurement under the simplified system because of a change in

the vessel or its use; or if the vessel owner requests that the

vessel be measured under the simplified system after having been

measured under the standard regulatory measurement system. Section

14504(b) provides that a vessel that has been measured does not

have to be remeasured to obtain another document or endorsement

under chapter 121 - "Documentation of Vessels" - except as provided

above or in chapter 143 of this subtitle.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14304 of this title.

-End-

-CITE-

46 USC SUBCHAPTER II - FORMAL SYSTEMS 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part J - Measurement of Vessels

CHAPTER 145 - REGULATORY MEASUREMENT

SUBCHAPTER II - FORMAL SYSTEMS

-HEAD-

SUBCHAPTER II - FORMAL SYSTEMS

-MISC1-

HISTORICAL AND REVISION NOTES

This subchapter provides for the standard regulatory measurement

of vessels for vessels that do not qualify for the simplified

measurement systems.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 14504, 14521, 14522 of

this title.

-End-

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46 USC Sec. 14511 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part J - Measurement of Vessels

CHAPTER 145 - REGULATORY MEASUREMENT

SUBCHAPTER II - FORMAL SYSTEMS

-HEAD-

Sec. 14511. Application

-STATUTE-

This subchapter applies to a vessel described in section 14501 of

this title if -

(1) the owner requests; or

(2) the vessel is -

(A) self-propelled;

(B) at least 24 meters (79 feet) overall in length; and

(C) not operated only for pleasure.

-SOURCE-

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

Stat. 1924.)

-MISC1-

HISTORICAL AND REVISION NOTES

Revised section 14511

Source: Section (U.S. Code) 46 App. U.S.C. 71.

Section 14511 lists the types of vessels that are to be measured

under the standard regulatory measurement system. They are vessels

for which the owner requests a standard measurement or vessels

which are self-propelled, at least 79 feet in length, and not

operated only for pleasure.

-End-

-CITE-

46 USC Sec. 14512 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part J - Measurement of Vessels

CHAPTER 145 - REGULATORY MEASUREMENT

SUBCHAPTER II - FORMAL SYSTEMS

-HEAD-

Sec. 14512. Standard tonnage measurement

-STATUTE-

(a) The Secretary shall prescribe regulations for measuring the

gross and net tonnages of a vessel under this subchapter. The

regulations shall provide for tonnages comparable to the tonnages

that could have been assigned under sections 4151 and 4153 of the

Revised Statutes of the United States, as sections 4151 and 4153

existed immediately before the enactment of this section.

(b) On application of the owner or master of a vessel of the

United States used in foreign trade, the Secretary may attach an

appendix to the vessel's register stating the measurement of spaces

that may be deducted from gross tonnage under laws and regulations

of other countries but not under those of the United States.

-SOURCE-

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

Stat. 1924.)

-MISC1-

HISTORICAL AND REVISION NOTES

Revised section 14512

Source: Section (U.S. Code) 46 App. U.S.C. 75, 77.

Section 14512(a) requires the Secretary to prescribe regulations

for regulatory measurement systems. It further provides that the

regulations must allow for the determination of tonnages similar to

those that could have been found under the existing law (46 App.

U.S.C. 75 & 77).

Section 14512(b) authorizes the Secretary to attach an appendix

to a vessel's register stating the measurement of spaces that may

be deducted from the gross tonnage under laws and regulations of

other countries but not under the laws of the United States.

-REFTEXT-

REFERENCES IN TEXT

Sections 4151 and 4153 of the Revised Statutes, referred to in

subsec. (a), were classified to sections 75 and 77 of the Appendix

to this title and were repealed by section 5104(b) of Pub. L.

99-509.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 14513 of this title.

-End-

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46 USC Sec. 14513 01/06/03

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TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part J - Measurement of Vessels

CHAPTER 145 - REGULATORY MEASUREMENT

SUBCHAPTER II - FORMAL SYSTEMS

-HEAD-

Sec. 14513. Dual tonnage measurement

-STATUTE-

(a) On application by the owner and approval by the Secretary,

the tonnage of spaces prescribed by the Secretary may be excluded

in measuring under this section the gross tonnage of a vessel

measured under section 14512 of this title. The spaces prescribed

by the Secretary shall be comparable to the spaces that could have

been excluded under section 2 of the Act of September 29, 1965

(Public Law 89-219, 79 Stat. 891), as section 2 existed immediately

before the enactment of this section.

(b) The Secretary shall prescribe the design, location, and

dimensions of the tonnage mark to be placed on a vessel measured

under this section.

(c)(1) If a vessel's tonnage mark is below the uppermost part of

the load line marks, each certificate stating the vessel's tonnages

shall state the gross and net tonnages when the mark is submerged

and when it is not submerged.

(2) Except as provided in paragraph (1) of this subsection, a

certificate stating a vessel's tonnages may state only one set of

gross and net tonnages.

-SOURCE-

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

Stat. 1924.)

-MISC1-

HISTORICAL AND REVISION NOTES

Revised section 14513

Source: Section (U.S. Code) 46 App. U.S.C. 83 to 83g.

Section 14513 gives discretionary authority to the Secretary to

exclude certain spaces in measuring the regulatory tonnage of a

vessel, and requires the Secretary to prescribe the design,

location and dimensions of the tonnage mark to be placed on the

vessel. Section 14513 further provides that if spaces are excluded

by the Secretary, they shall be comparable to those the Secretary

could have excluded in existing law (46 App. U.S.C. 83a). Section

14513(c) provides that if a vessel's tonnage mark is below the

uppermost part of the load line mark, each certificate that states

the vessel's tonnages must state the gross and net tonnages when

the mark is submerged and when it is not submerged.

-REFTEXT-

REFERENCES IN TEXT

Section 2 of the Act of September 29, 1965, referred to in

subsec. (a), was classified to section 83a of the Appendix to this

title and was repealed by section 5104(b) of Pub. L. 99-509.

-End-

-CITE-

46 USC SUBCHAPTER III - SIMPLIFIED SYSTEM 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part J - Measurement of Vessels

CHAPTER 145 - REGULATORY MEASUREMENT

SUBCHAPTER III - SIMPLIFIED SYSTEM

-HEAD-

SUBCHAPTER III - SIMPLIFIED SYSTEM

-MISC1-

HISTORICAL AND REVISION NOTES

This subchapter provides for a simplified regulatory measurement

of vessels that are either non-self-propelled, under 79 in length,

or operated only for pleasure.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 14504 of this title.

-End-

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46 USC Sec. 14521 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part J - Measurement of Vessels

CHAPTER 145 - REGULATORY MEASUREMENT

SUBCHAPTER III - SIMPLIFIED SYSTEM

-HEAD-

Sec. 14521. Application

-STATUTE-

This subchapter applies to a vessel described in section 14501 of

this title that is not measured under subchapter II of this

chapter.

-SOURCE-

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

Stat. 1925.)

-MISC1-

HISTORICAL AND REVISION NOTES

Revised section 14521

Source: Section (U.S. Code) 46 App. U.S.C. 71.

Section 14521 provides that vessels that are to be measured under

the regulatory measurement system in this chapter, but are not

measured under the standard regulatory measurement system in

subchapter II, shall be measured under the simplified measurement

system.

-End-

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46 USC Sec. 14522 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part J - Measurement of Vessels

CHAPTER 145 - REGULATORY MEASUREMENT

SUBCHAPTER III - SIMPLIFIED SYSTEM

-HEAD-

Sec. 14522. Measurement

-STATUTE-

(a) In this section, "length" means the horizontal distance of

the hull between the foremost part of the stem and the aftermost

part of the stern, excluding fittings and attachments.

(b)(1) The Secretary shall assign gross and net tonnages to a

vessel based on its length, breadth, depth, other dimensions, and

appropriate coefficients.

(2) The Secretary shall prescribe the way dimensions (except

length) are measured and which coefficients are appropriate.

(c) The resulting gross tonnages, taken as a group, reasonably

shall reflect the relative internal volumes of the vessels measured

under this subchapter. The resulting net tonnages shall be in

approximately the same ratios to corresponding gross tonnages as

are the net and gross tonnages of comparable vessels measured under

subchapter II of this chapter.

(d) Under regulations prescribed by the Secretary, the Secretary

may determine the gross and net tonnages of a vessel representative

of a designated class, model, or type, and then assign those gross

and net tonnages to other vessels of the same class, model, or

type.

-SOURCE-

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

Stat. 1925.)

-MISC1-

HISTORICAL AND REVISION NOTES

Revised section 14522

Source: Section (U.S. Code) 46 App. U.S.C. 71.

Section 14522(a) defines the term "length" as it is used in the

simplified measurement system.

Section 14522(b) requires the Secretary to assign gross and net

tonnages under the simplified system, based on a vessel's length,

breadth, depth, other dimensions and appropriate coefficients, as

the Secretary deems appropriate.

Section 14522(c) provides that the gross tonnages as measured

under this section shall reflect the relative internal volumes of

vessels. It provides further that the net tonnages measured under

this section shall be in approximately the same ratio to

corresponding gross tonnages as are the net and gross tonnages of

comparable vessels measured under the standard regulatory

measurement system.

-End-