Pub. L. 111-281, tit. III, sec. 303

TECHNICAL AMENDMENTS TO TONNAGE MEASUREMENT LAW.

EnactedYear: 2010Length: 870 wordsOfficial source
SEC. 303. TECHNICAL AMENDMENTS TO TONNAGE MEASUREMENT LAW.(a) Definitions.—Section 14101(4) of title 46, United States Code, is amended—(1) by striking “engaged” the first place it appears and inserting “that engages”;124 STAT. 2924(2) in subparagraph (A), by striking “arriving” and inserting “that arrives”;(3) in subparagraph (B)—(A) by striking “making” and inserting “that makes”; and(B) by striking “(except a foreign vessel engaged on that voyage)”;(4) in subparagraph (C), by striking “departing” and inserting “that departs”; and(5) in subparagraph (D), by striking “making” and inserting “that makes”.(b) Delegation of Authority.—Section 14103(c) of that title is amended by striking “intended to be engaged on” and inserting “that engages on”.(c) Application.—Section 14301 of that title is amended—(1) by amending subsection (a) to read as follows:“(a) Except as otherwise provided in this section, this chapter applies to any vessel for which the application of an international agreement or other law of the United States to the vessel depends on the vessel’s tonnage.”;(2) in subsection (b)—(A) in paragraph (1), by striking the period at the end and inserting “, unless the government of the country to which the vessel belongs elects to measure the vessel under this chapter.”;(B) in paragraph (3), by inserting “of United States or Canadian registry or nationality, or a vessel operated under the authority of the United States or Canada, and that is” after “vessel”;(C) in paragraph (4), by striking “a vessel (except a vessel engaged” and inserting “a vessel of United States registry or nationality, or one operated under the authority of the United States (except a vessel that engages”;(D) by striking paragraph (5);(E) by redesignating paragraph (6) as paragraph (5); and(F) by amending paragraph (5), as so redesignated, to read as follows:“(5) a barge of United States registry or nationality, or a barge operated under the authority of the United States (except a barge that engages on a foreign voyage) unless the owner requests.”;(3) by striking subsection (c);(4) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively; and(5) in subsection (c), as redesignated, by striking “After July 18, 1994, an existing vessel (except an existing vessel referred to in subsection (b)(5)(A) or (B) of this section)” and inserting “An existing vessel that has not undergone a change that the Secretary finds substantially affects the vessel’s gross tonnage (or a vessel to which IMO Resolutions A.494 (XII) of November 19, 1981, A.540 (XIII) of November 17, 1983, or A.541 (XIII) of November 17, 1983, apply)”.(d) Measurement.—Section 14302(b) of that title is amended to read as follows:“(b) A vessel measured under this chapter may not be required to be measured under another law.”.124 STAT. 2925(e) Tonnage Certificate.—(1) Issuance.—Section 14303 of title 46, United States Code, is amended—(A) in subsection (a), by adding at the end the following: “For a vessel to which the Convention does not apply, the Secretary shall prescribe a certificate to be issued as evidence of a vessel’s measurement under this chapter.”;(B) in subsection (b), by inserting “issued under this section” after “certificate”; and(C) in the section heading by striking “International” and “(1969)”.(2) Maintenance.—Section 14503 of that title is amended—(A) by designating the existing text as subsection (a); and(B) by adding at the end the following new subsection:“(b) The certificate shall be maintained as required by the Secretary.”.(3) Clerical amendment.—The analysis at the beginning of chapter 143 of that title is amended by striking the item relating to section 14303 and inserting the following: “14303. Tonnage Certificate.”. (f) Optional Regulatory Measurement.—Section 14305(a) of that title is amended by striking “documented vessel measured under this chapter,” and inserting “vessel measured under this chapter that is of United States registry or nationality, or a vessel operated under the authority of the United States,”.(g) Application.—Section 14501 of that title is amended—(1) by amending paragraph (1) to read as follows:“(1) A vessel not measured under chapter 143 of this title if the application of an international agreement or other law of the United States to the vessel depends on the vessel’s tonnage.”; and(2) in paragraph (2), by striking “a vessel” and inserting “A vessel”.(h) Dual Tonnage Measurement.—Section 14513(c) of that title is amended—(1) in paragraph (1)—(A) by striking “vessel’s tonnage mark is below the uppermost part of the load line marks,” and inserting “vessel is assigned two sets of gross and net tonnages under this section,”; and(B) by inserting “vessel’s tonnage” before “mark” the second place such term appears; and(2) in paragraph (2), by striking the period at the end and inserting “as assigned under this section.”.(i) Reciprocity for Foreign Vessels.—Subchapter II of chapter 145 of that title is amended by adding at the end the following:“§ 14514. Reciprocity for foreign vessels “For a foreign vessel not measured under chapter 143, if the Secretary finds that the laws and regulations of a foreign country related to measurement of vessels are substantially similar to those of this chapter and the regulations prescribed under this chapter, the Secretary may accept the measurement and certificate of a 124 STAT. 2926 vessel of that foreign country as complying with this chapter and the regulations prescribed under this chapter.” .(j) Clerical Amendment.—The analysis for subchapter II of chapter 145 of such title is amended by adding at the end the following: “14514. Reciprocity for foreign vessels.”.
Pub. L. 111-281, tit. III, sec. 303: TECHNICAL AMENDMENTS TO TONNAGE MEASUREMENT LAW. | Justis AI