46 C.F.R. Subpart A—General
Title 46 - Shipping
This part implements legislation concerning the measurement of vessels to determine their tonnage (part J of 46 U.S.C. subtitle II). Tonnages are required before a vessel may be documented as a vessel of the United States. Also, tonnages are used to apply commercial vessel safety regulations based on tonnage, to meet the requirements of the International Convention on Tonnage Measurement of Ships, 1969, and to determine Federal and State regulatory fees and private operational charges based on tonnage. Tonnages are determined by the physical measurement of a vessel (Convention, Standard, and Dual Measurement Systems) or by application of a formula based on the vessel's dimensions provided by the owner (Simplified Measurement System). This part indicates the particular measurement system or systems under which the vessel is required or eligible to be measured, describes the application and measurement procedures for each system, identifies the organizations authorized to measure vessels under this part, and provides for the appeal of measurement organizations' decisions. This part applies to vessels of the United States over five net tons (as that tonnage is determined under this part) which are required or eligible to be measured under this part, a Federal law, or an international agreement or which are subject to a Federal law or international agreement based on the vessel's tonnage. (a) The following vessels (including public vessels) are required to be measured under this part: (1) Vessels that are to be documented as a vessel of the United States. (2) Vessels of 79 feet or more in overall length that engage on a foreign voyage. (3) Vessels subject to a Federal law or regulation based on vessel tonnage. (4) Vessels determined by the Commandant to require measurement under this part. (b) The following vessels are not required to be measured under this part but are eligible to be measured, if the owner requests: (1) Public vessels that are not to be documented and will not engage on a foreign voyage. (2) Vessels of war. [CGD 87–015b, 54 FR 37657, Sept. 12, 1989, as amended by CGD 92–058, 57 FR 59938, Dec. 17, 1992] (a) All vessels intending to transit the Panama Canal, other than vessels of war, must be measured and certificated under the system prescribed in 35 CFR part 135. (b) All vessels intending to transit the Suez Canal must be measured and certificated under the Arab Republic of Egypt Suez Canal Authority Rules of Navigation, part IV. (c) Panama Canal and Suez Canal tonnage certificates are in addition to tonnage certificates issued under this part. (d) Tonnage measurement services for Panama Canal and Suez Canal certificates are provided by measurement organizations authorized by the respective canal authority. As used in this part— Commandant means Commandant of the Coast Guard at the following address: Commanding Officer, Marine Safety Center, 400 7th Street, SW., Washington, DC 20590-0001. Convention means the International Convention on Tonnage Measurement of Ships, 1969. Convention Measurement System means the system under subpart B of this part. Dual Measurement System means the system under subpart D of this part. Great Lakes means the Great Lakes of North America and the St. Lawrence River west of a rhumb line drawn from Cap des Rosiers to West Point, Anticosti Island, and, on the north side of Anticosti Island, the meridian of longitude 63 degrees west. Gross tonnage means a vessel's approximate volume. Under the Convention Measurement System, it means the total volume of all enclosed spaces modified by a coefficient. Under the Standard and Dual Measurement Systems, it means the total volume of all enclosed spaces less certain exempt spaces. Under the Simplified Measurement Systems, it means the product of a vessel's length, depth, and breadth modified by a coefficient. National Vessel Documentation Center means the organizational unit designated by the Commandant to process vessel documentation transactions and maintain vessel documentation records. The address can be found in §67.3 of this subchapter. Net tonnage means a measure of a vessel's earning capacity. Under the Convention Measurement System, it means the volume of the actual cargo and passenger spaces modified by a formula based on the vessel's volume. Under the Standard and Dual Measurement Systems, it means the gross tonnage less certain deducted spaces. Under the Simplified Measurement System, it means the gross tonnage modified by a coefficient. Overall length means the horizontal distance between the foremost part of a vessel's stem to the aftermost part of its stern, excluding fittings and attachments. Simplified Measurement System means the system under subpart E of this part. Standard Measurement System means the system under subpart C of this part. Tonnage means the volume of a vessel's enclosed spaces as calculated under a measurement system in this part. Tonnage calculated under the Standard, Dual, or Simplified Measurement System is based on tons of 100 cubic feet each. Tonnage calculated under the Convention Measurement System is based on tons of 100 cubic feet modified by a logarithmic function. 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 of the United States; (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. Vessel of war means “vessel of war” as defined in 46 U.S.C. 2101. [GCD 89–007; GCD 89–007a, 58 FR 60266, Nov. 15, 1993, 58 FR 65131, Dec. 13, 1993, as amended by CGD 95–014, 60 FR 31606, June 15, 1995; CGD 95–072, 60 FR 50463, Sept. 29, 1995; 60 FR 54106, Oct. 19, 1995; CGD 96–041, 61 FR 50728, Sept. 27, 1996] (a) Convention Measurement System (subpart B). (1) Except as otherwise provided in this section, this system applies to a vessel documented or to be documented under part 67 of this chapter and to a vessel engaged on a foreign voyage. (2) This system does not apply to the following vessels: (i) A vessel of less than 79 feet in overall length. (ii) A vessel operating only on the Great Lakes, unless the owner requests measurement under this system. (iii) A vessel that is not engaged on a foreign voyage and that had its keel laid or was at a similar stage of construction before January 1, 1986, unless the owner requests measurement under the Convention Measurement System or unless, on or after January 1, 1986, the vessel undergoes a change that the Commandant finds substantially affects the vessel's gross tonnage. (iv) A vessel of war. (v) A non-self-propelled vessel not engaged on a foreign voyage, unless the owner requests measurement under this system. (3) A vessel made subject to this system at the request of the owner may be remeasured only under this system. (4) For the purpose of vessel documentation, a vessel measured under this system is not required to be measured under another system. (5) A vessel the keel of which was laid or that was at a similar stage of construction before July 18, 1982, (except a vessel measured under this system at the request of the owner or because of a change that substantially affects the vessel's gross tonnage) may retain its tonnage in effect on July 18, 1994, for the application of relevant requirements under an international agreement (except the Convention) or other laws of the United States. However, if the vessel undergoes a change after July 18, 1994, that the Commandant finds substantially affects the vessel's gross tonnage, the vessel must be remeasured only under this system. (6) A tonnage assignment under this system does not affect the applicability to the vessel of international agreements to which the United States Government is a party that are not in conflict with the Convention or with the application of International Maritime Organization (IMO) Resolutions A.494(XII) of November 19, 1981, A.540(XIII) of November 17, 1983, and A.541(XIII) of November 17, 1983. When applicable to the vessel, these Resolutions provide interim schemes for using the vessel's existing gross tonnage, instead of the gross tonnage under the Convention Measurement System, for applying the International Convention for the Safety of Life at Sea (SOLAS), the International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers, 1978, (STCW), and the International Convention for the Prevention of Pollution from Ships, 1973, (MARPOL), respectively. (b) Standard Measurement System (subpart C). This system applies to a vessel not required to be measured under the Convention Measurement System if the vessel is to be documented or if the application of a law of the United States to the vessel depends on the vessel's tonnage. Upon request of the owner, this system also applies to a documented vessel measured under the Convention Measurement System when Standard Measurement System tonnages are to be used in applying the provisions of a law under 46 U.S.C. 14305. (c) Dual Measurement System (subpart D). This system may be applied, at the owner's option, instead of the Standard Measurement System, to a vessel eligible or required to be measured under the Standard Measurement System. (d) Simplified Measurement System (subpart E). This system may be applied, at the owner's option, instead of the Standard Measurement System to the following vessels: (1) A vessel that is under 79 feet in overall length. (2) A vessel of any length that is non-self-propelled and not engaged on a foreign voyage. (3) A vessel of any length that is operated only for pleasure and operated only on the Great Lakes. [CGD 87–015b, 54 FR 37657, Sept. 12, 1989, as amended by CGD 92–058, 57 FR 59938, Dec. 17, 1992; CGD 95–028, 62 FR 51203, Sept. 30, 1997] (a) In measuring a vessel under a measurement system in this part, all provisions of that system applicable to the vessel must be observed. (b) The provisions of more than one measurement system may not be applied interchangeably or combined. (a) Except as under paragraphs (c) and (d) of this section, all U.S. vessels to be measured or remeasured under the Convention, Standard, or Dual Measurement Systems must be measured by an authorized measurement organization meeting the requirements of §69.27. A current listing of authorized measurement organizations can be obtained from Commanding Officer, U.S. Coast Guard Marine Safety Center (MSC–3), 400 7th Street S.W., Washington, DC 20590–0001. (b) All vessels to be measured or remeasured under the Simplified Measurement System must be measured by the Coast Guard. Applications for measurement under the Simplified Measurement System are obtainable from the National Vessel Documentation Center. (c) All U.S. Coast Guard vessels and all U.S. Navy vessels of war to be measured or remeasured under any measurement system must be measured by the Coast Guard. (d) At the option of the Commandant, the Coast Guard may measure any vessel to determine its tonnage. (e) The appropriate certificate of measurement is issued by the measuring organization as evidence of the vessel's measurement under this part. [CGD 87–015b, 54 FR 37657, Sept. 12, 1989, as amended by CGD 92–058, 57 FR 59938, Dec. 17, 1992; CGD 92–053, 59 FR 50508, Oct. 4, 1994; CGD 95–014, 60 FR 31606, June 15, 1995; CGD 97–057, 62 FR 51045, Sept. 30, 1997] (a) Applications for measurement are available from and, once completed, are submitted to the authorized measurement organization that will perform the services. The contents of the application are described in this part under the requirement for each system. (b) Applications for measurement under more than one system may be combined. (c) For vessels under construction, the application must be submitted before the vessel is advanced in construction. Usually, this means as soon as the decks are laid, holds cleared of encumbrances, engine and boilers installed, and accommodations partitioned. [CGD 87–015b, 54 FR 37657, Sept. 12, 1989, as amended by CGD 97–057, 62 FR 51045, Sept. 30, 1997] (a) If a vessel that is already measured is to undergo a structural alteration or if the use of a space within that vessel is to be changed, a remeasurement may be required. Vessel owners shall report immediately to an authorized measurement organization any intent to structurally alter the vessel or to change the use of a space within the vessel. The organization advises the owner if remeasurement is necessary. Spaces not affected by the alteration or change need not be remeasured. (b) When there is a perceived error in the application of a regulation or in the tonnage calculations, the vessel owner should contact the responsible measurement organization. If the error is verified, the tonnage is adjusted as necessary. (c) If a remeasurement or adjustment of tonnage is required, the organization will issue a new tonnage certificate. If the vessel is documented, the vessel's owner must surrender the Certificate of Documentation as required under part 67, subpart 67.25, of this chapter. (d) A vessel of less than 79 feet in overall length measured under the Standard or Dual Measurement Systems may be remeasured at the owner's request under the Simplified Measurement System. [CGD 87–015b, 54 FR 37657, Sept. 12, 1989, as amended by CGD 97–057, 62 FR 51045, Sept. 30, 1997] Any person directly affected by a decision or action taken under this part, by or on behalf of the Coast Guard, may appeal therefrom in accordance with subpart 1.03 of this chapter. [CGD 88–033, 54 FR 50380, Dec. 6, 1989] Measurement organizations are authorized to charge a fee for measurement services. Information on fees is available directly from the organizations. [CGD 97–057, 62 FR 51045, Sept. 30, 1997] (a) General violation. The owner, charterer, managing operator, agent, master, and individual in charge of a vessel in violation of a regulation in this part are each liable to the United States Government for a civil penalty of not more than $20,000. Each day of a continuing violation is a separate violation. The vessel also is liable in rem for the penalty. (b) False Statements. A person knowingly making a false statement or representation in a matter in which a statement or representation is required by this part is liable to the United States Government for a civil penalty of not more than $20,000 for each false statement or representation. The vessel also is liable in rem for the penalty. (a) Under 46 U.S.C. 14103 and 49 CFR 1.46, the Coast Guard is authorized to delegate to a “qualified person” the authority to measure vessels and to issue appropriate certificates of measurement for U.S. vessels that are required or eligible to be measured as vessels of the United States. (b) Authority to measure and certify U.S. vessels under the Convention, Standard, and Dual Measurement Systems may be delegated to an organization that— (1) Is a full member of the International Association of Classification Societies (IACS); (2) Is incorporated under the laws of the United States, a State of the United States, or the District of Columbia; (3) In lieu of the requirements in paragraphs (b)(1) and (2) of this section, is a recognized classification society under the requirements of 46 CFR part 8. (4) Is capable of providing all measurement services under the Convention, Standard, and Dual Measurement Systems for vessels domestically and internationally; (5) Maintains a tonnage measurement staff that has practical experience in measuring U.S. vessels under the Convention, Standard, and Dual Measurement Systems; and (6) Enters into a written agreement, as described in paragraph (d) of this section. (c) Applications for delegation of authority under this section must be forwarded to the Commandant and include the following information on the organization: (1) Its name and address. (2) Its organizational rules and structure. (3) The location of its offices that are available to provide measurement services under the Convention, Standard, and Dual Measurement Systems. (4) The name, qualifications, experience, and job title of each full-time or part-time employee or independent contractor specifically designated by the organization to provide measurement services under the Convention, Standard, or Dual Measurement Systems. (5) Its tonnage measurement training procedures. (d) If, after reviewing the application, the Coast Guard determines that the organization is qualified to measure and certify U.S. vessels on behalf of the Coast Guard, the organization must enter into a written agreement with the Coast Guard which— (1) Defines the procedures for administering and implementing the tonnage measurement and certification processes, including the roles and responsibilities of each party; (2) Outlines the Coast Guard's oversight role; (3) Prohibits the organization from using an employee or contractor of the organization to measure and certify the tonnage of a vessel if that employee or contractor is acting or has acted as a tonnage consultant for that same vessel; and (4) Requires the organization to— (i) Accept all requests to perform delegated services without discrimination and without regard to the vessel's location, unless prohibited from doing so under the laws of the United States or under the laws of the jurisdiction in which the vessel is located; (ii) Physically inspect each vessel before issuing a tonnage certificate; (iii) Provide the Coast Guard with current schedules of measurement fees and related charges; (iv) Maintain a tonnage measurement file for each U.S. vessel that the organization measures and permit access to the file by any person authorized by the Commandant; (v) Permit observer status representation by the Coast Guard at all formal discussions that may take place between the organization and other vessel tonnage measurement organizations pertaining to tonnage measurement of U.S. vessels or to the systems under which U.S. vessels are measured; (vi) Comply with and apply all laws and regulations relating to tonnage measurement of U.S. vessels within the scope of authority delegated; and (vii) Comply with all other provisions, if any, of the written agreement. [CGD 87–015b, 54 FR 37657, Sept. 12, 1989, as amended by CGD 97–057, 62 FR 51045, Sept. 30, 1997; CGD 95–010, 62 FR 67536, Dec. 24, 1997] (a) Purpose. This section collects and displays the control numbers assigned to information collection and record keeping requirements in this part by the Office of Management and Budget (OMB) pursuant to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). The Coast Guard intends that this part comply with 44 U.S.C. 3507(f), which requires that agencies display the current control number assigned by the Director of OMB for each approved agency information collection requirement. (b) Display— [CGD 87–015b, 54 FR 37657, Sept. 12, 1989, as amended by USCG–2004–18884, 69 FR 58346, Sept. 30, 2004]
Title 46: Shipping
PART 69—MEASUREMENT OF VESSELS
Subpart A—General
§ 69.1 Purpose.
§ 69.3 Applicability.
§ 69.5 Vessels required or eligible to be measured.
§ 69.7 Vessels transiting the Panama and Suez Canals.
§ 69.9 Definitions.
§ 69.11 Determining the measurement system or systems for a particular vessel.
§ 69.13 Deviating from the provisions of a measurement system.
§ 69.15 Authorized measurement organizations.
§ 69.17 Application for measurement services.
§ 69.19 Remeasurement and adjustment of tonnage.
§ 69.21 Right of appeal.
§ 69.23 Fees.
§ 69.25 Penalties.
§ 69.27 Delegation of authority to measure vessels.
§ 69.29 OMB control numbers assigned under the Paperwork Reduction Act.
------------------------------------------------------------------------ Currently assigned Section of 46 CFR part 69 OMB control No.------------------------------------------------------------------------69.17...................................................... 1625-002269.19...................................................... 1625-002269.21...................................................... 1625-002269.27...................................................... 1625-002269.55...................................................... 1625-002269.105..................................................... 1625-002269.121(d).................................................. 1625-002269.159..................................................... 1625-002269.179..................................................... 1625-002269.205..................................................... 1625-0022------------------------------------------------------------------------
