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46 USC CHAPTER 141 - GENERAL 01/06/03

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TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part J - Measurement of Vessels

CHAPTER 141 - GENERAL

-HEAD-

CHAPTER 141 - GENERAL

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Sec.

14101. Definitions.

[14102. Repealed.]

14103. Delegation of authority.

14104. Measurement to determine application of a law.

AMENDMENTS

1990 - Pub. L. 101-595, title VI, Sec. 603(12)(B), Nov. 16, 1990,

104 Stat. 2993, struck out item 14102 "Regulations".

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46 USC Sec. 14101 01/06/03

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TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part J - Measurement of Vessels

CHAPTER 141 - GENERAL

-HEAD-

Sec. 14101. Definitions

-STATUTE-

In this part -

(1) "Convention" means the International Convention on Tonnage

Measurement of Ships, 1969.

(2) "existing vessel" means a vessel the keel of which was laid

or that was at a similar stage of construction before July 18,

1982.

(3) "Great Lakes" means -

(A) the Great Lakes; and

(B) the St. Lawrence River west of -

(i) a rhumb line drawn from Cap des Rosiers to West Point,

Anticosti Island; and

(ii) on the north side of Anticosti Island, the meridian of

longitude 63 degrees west.

(4) "vessel engaged on a foreign voyage" means a vessel -

(A) arriving at a place under the jurisdiction of the United

States from a place in a foreign country;

(B) making a voyage between places outside the United States

(except a foreign vessel engaged on that voyage);

(C) departing from a place under the jurisdiction of the

United States for a place in a foreign country; or

(D) making a voyage between a place within a territory or

possession of the United States and another place under the

jurisdiction of the United States not within that territory or

possession.

-SOURCE-

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

Stat. 1919.)

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HISTORICAL AND REVISION NOTES

Revised section 14101

Source: International Convention on Tonnage Measurement of Ships.

Section 14101 contains definitions that are limited to Part J -

Measurement of Vessels. The source of these definitions is the

International Convention on Tonnage Measurement of Ships in

articles 2 and 4.

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46 USC Sec. 14102 01/06/03

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TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part J - Measurement of Vessels

CHAPTER 141 - GENERAL

-HEAD-

[Sec. 14102. Repealed. Pub. L. 101-595, title VI, Sec. 603(12)(A),

Nov. 16, 1990, 104 Stat. 2993]

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Section, added Pub. L. 99-509, title V, Sec. 5101(3), Oct. 21,

1986, 100 Stat. 1919, authorized Secretary to prescribe regulations

to carry out this part.

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46 USC Sec. 14103 01/06/03

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TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part J - Measurement of Vessels

CHAPTER 141 - GENERAL

-HEAD-

Sec. 14103. Delegation of authority

-STATUTE-

(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.

-SOURCE-

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

Stat. 1919.)

-MISC1-

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.

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46 USC Sec. 14104 01/06/03

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TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part J - Measurement of Vessels

CHAPTER 141 - GENERAL

-HEAD-

Sec. 14104. Measurement to determine application of a law

-STATUTE-

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

vessel depends on the vessel's tonnage, the vessel shall be

measured under this part.

(b) If a statute allows for an alternate tonnage to be prescribed

under this section, the Secretary may prescribe it by regulation.

Any such regulation shall be considered to be an interpretive

regulation for purposes of section 553 of title 5. Until an

alternate tonnage is prescribed, the statutorily established

tonnage shall apply to vessels measured under chapter 143 or

chapter 145 of this title.

(c) The head of each Federal agency shall ensure that regulations

issued by the agency that specify particular tonnages comply with

the alternate tonnages implemented by the Secretary.

-SOURCE-

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

Stat. 1920; amended Pub. L. 104-324, title VII, Sec. 702, Oct. 19,

1996, 110 Stat. 3933.)

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HISTORICAL AND REVISION NOTES

Revised section 14104

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

Section 14104 requires that a vessel be measured under Part J of

this subtitle when the application of a U.S. law to the vessel

depends on its tonnage.

AMENDMENTS

1996 - Pub. L. 104-324 designated existing provisions as subsec.

(a) and added subsecs. (b) and (c).

-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.

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