Collapse to view only § 14104. Measurement to determine application of a law
- § 14101. Definitions
- [§ 14102. Repealed.
- § 14103. Delegation of authority
- § 14104. Measurement to determine application of a law
§ 14101. DefinitionsIn 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 that engages on a foreign voyage” means a vessel—
(A) that arrives at a place under the jurisdiction of the United States from a place in a foreign country;
(B) that makes a voyage between places outside the United States;
(C) that departs from a place under the jurisdiction of the United States for a place in a foreign country; or
(D) that makes 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.
(Pub. L. 99–509, title V, § 5101(3), Oct. 21, 1986, 100 Stat. 1919; Pub. L. 111–281, title III, § 303(a), Oct. 15, 2010, 124 Stat. 2923.)
[§ 14102. Repealed. Pub. L. 101–595, title VI, § 603(12)(A), Nov. 16, 1990, 104 Stat. 2993]
§ 14103. Delegation of authority
(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 that engages 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.
(Pub. L. 99–509, title V, § 5101(3), Oct. 21, 1986, 100 Stat. 1919; Pub. L. 111–281, title III, § 303(b), Oct. 15, 2010, 124 Stat. 2924.)
§ 14104. Measurement to determine application of a law
(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.
(Pub. L. 99–509, title V, § 5101(3), Oct. 21, 1986, 100 Stat. 1920; Pub. L. 104–324, title VII, § 702, Oct. 19, 1996, 110 Stat. 3933.)