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46 U.S.C. § 14305 — Optional regulatory measurement

submitted 40 years ago by Pub. L. 99-509 to r/title-46-SHIPPING · 382 words · no verdicts yet

in plain englishAI-generated · not legal advice

A vessel owner can ask the Secretary to also measure a covered vessel under chapter 145's rules. That alternate measurement then applies to a specific list of other laws that depend on tonnage. Once the owner's request is in effect, those tonnages keep applying to that vessel under those laws.

(a) If the owner of a covered U.S.-registered vessel, or a vessel operated under U.S. authority, asks, the Secretary must also measure the vessel under chapter 145. The tonnages found that way apply instead when applying: (1) parts A, B, C, E, F, and G of this subtitle and section 12116; (2) section 3(d)(3) of the Longshore and Harbor Workers' Compensation Act; (3) section 4 of the Bridge to Bridge Radiotelephone Act; (4) section 4(a)(3) of the Ports and Waterways Safety Act; (5) section 30524 of this title; (6) sections 12118 and 12132 of this title; (7) section 12139(b) of this title; (8) sections 351, 352, 355, and 356 of the Ship Radio Act; (9) section 403 of the Commercial Fishing Industry Vessel Act; (10) the Officers' Competency Certificates Convention, 1936, and section 8304 of this title; (11) the International Convention for the Safety of Life at Sea, as provided by a named 1981 IMCO resolution; (12) the International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers, 1978, as provided by a named 1983 IMO resolution; (13) the International Convention for the Prevention of Pollution from Ships, 1973, as modified by its 1978 Protocol, as provided by a named 1983 IMO resolution; (14) laws setting the tonnage thresholds where proof of financial responsibility is required; or (15) unless another law says otherwise, any other U.S. law in effect before July 19, 1994, that the Secretary has not listed under section 14302(c).

(b) As long as the owner's request under subsection (a) stays in effect, the tonnages found under that request apply to that vessel under the other laws listed in subsection (a).

the actual law source: uscode.house.gov ↗public domain
(a)

On request of the owner of a vessel measured under this chapter that is of United States registry or nationality, or a vessel operated under the authority of the United States, 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 of this subtitle and section 12116 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) 1 of the Ports and Waterways Safety Act (33 U.S.C. 1223(a)(3));

(5)

section 30524 of this title;

(6)

sections 12118 and 12132 of this title;

(7)

section 12139(b) of this title;

(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 section 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 credit: (Pub. L. 99–509, title V, § 5101(3), Oct. 21, 1986, 100 Stat. 1921; Pub. L. 109–304, § 15(26), Oct. 6, 2006, 120 Stat. 1704; Pub. L. 111–281, title III, § 303(f), Oct. 15, 2010, 124 Stat. 2925; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8503(a)(2), Jan. 1, 2021, 134 Stat. 4747; Pub. L. 117–263, div. K, title CXV, § 11503(f)(1), Dec. 23, 2022, 136 Stat. 4131.)

history & why it existsrecord from the source credit
  • 1986Enacted · Pub. L. 99-509 · 100 Stat. 1921
  • 2006Amended · Pub. L. 109-304 · 120 Stat. 1704
  • 2010Amended · Pub. L. 111-281 · 124 Stat. 2925
  • 2021Amended · Pub. L. 116-283 · 134 Stat. 4747
  • 2022Amended · Pub. L. 117-263 · 136 Stat. 4131

A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-509 on 1986-10-21.

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