Volume 79 · 891
Public Law 89–219
To provide for the measurement of the gross and net tonnages for certain vessels having two or more decks, and for other purposes.
Approved September 29, 1965
Statutory text
AN ACT
To provide for the measurement of the gross and net tonnages for certain vessels having two or more decks, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That as used in
Vessels.
Gross and net tonnage measurements.
this Act:
The term “uppermost, complete deck” means the uppermost complete deck of a vessel exposed to sea and weather, which shall be deemed to be that deck which has permanent means of closing all openings in the weather portions thereof, provided that any opening in the side of the vessel Mow that deck, other than an opening abaft a transverse watertight bulkhead placed aft of the rudder stock, is fitted with permanent means of watertight closing.
The term “second deck” means the deck next below the uppermost complete deck which is continuous in a fore-and-aft direction at least between peak bulkheads, is continuous athwartships, is fitted as an integral and permanent, part of the vessel’s structure, and has proper covers to all main hatchways. Interruptions in way of propelling machinery space openings, ladder and stairway openings, trunks, chain lockers, cofferdams, or steps not exceeding a total height of forty-eight inches shall not be deemed to break the continuity of the deck.
The term “trunks” as used in the definition of second deck shall be deemed to refer to hatch or ventilation trunks which do not extend longitudinally completely between main transverse bulkheads.
The term “Secretary” means the Secretary of the Treasury.
Sec. 2.
In the measurement of a vessel under sections 4148, 4151,
Exclusion of certain cargo space.
and 4153 of the Revised Statutes, as amended (46 U.S.C. 71, 75, 77), upon application of the owner and approval by the Secretary, there shall be omitted from inclusion in the gross tonnage—
those spaces available for the carriage of dry cargo or stores which are located between the uppermost complete deck and the second deck, and other spaces so located which would be omitted from gross tonnage under the provisions of section 4153 if above the upper deck, provided that a tonnage mark is placed and displayed on the vessel in accordance with the provisions of this Act, so long as that, tonnage mark is not submerged;
those spaces which are located on or above the uppermost complete deck and which are available for the carriage of dry cargo or stores, without regard to whether a tonnage mark is placed or displayed on the vessel or, if placed or displayed, without regard to whether that mark is submerged; and
those spaces which are located on the uppermost, complete deck and which are used for cabins or staterooms, provided that a tonnage mark is placed and displayed on the vessel, so long as that tonnage mark is not submerged.
Sec. 3.
The tonnage mark shall be a horizontal line, upon which
Tonnage mark.
shall be placed for identification an inverted equilateral triangle, with its apex on the midpoint of the line. The mark shall be placed and displayed on each side of the vessel, subject to such specifications as to location and dimensions as are prescribed in regulations issued under this Act.
Sec. 4.
No tonnage mark shall be required to be placed or displayed
Location of mark.
above the statutory summer loadline prescribed in accordance with the applicable loadline convention, except that, when a vessel’s statutory loadline is assigned on the assumption that the second deck is the freeboard deck, the tonnage mark may be permitted to be placed and displayed on a line level with the uppermost part of the loadline grid.
Sec. 5.
Except when the tonnage mark is placed and displayed on the vessel at the level prescribed in section 4 hereof, an additional line may be added to the tonnage mark, subject to such specifications as to location and dimensions as are prescribed in regulations issued under this Act.
Sec. 6.
The tonnage mark shall be deemed to be submerged when the upper edge of the mark is under water, except that if the vessel is marked with the additional line in accordance with section 5 of this Act and is in fresh water or in tropical waters the tonnage mark shall not be deemed to be submerged unless the upper edge of the additional line is under water.
Sec. 7.
In a case in which a vessel measured under this Act and other applicable statutes has a tonnage mark placed and displayed at a place other than a line level with the uppermost part of the loadline grid, any measurement certificate or marine document reciting tonnages issued to such vessel shall show the gross and net tonnages applicable when the tonnage mark is submerged and the gross and net tonnages applicable when the mark is not submerged. In any other case in which a vessel is measured under this Act and other applicable statutes, any measurement certificate or marine document reciting tonnages issued to such vessel shall show only one set of gross and net tonnages, taking into account all applicable omissions or exemptions.
Sec. 8.
In a case in which an application for omission of spaces is filed under section 2 of this Act for a vessel for which a statutory loadline is not required and is not assigned, the line of the uppermost complete deck shall be marked in the manner specified for marking the deck line in the international loadline convention in force.
Sec. 9.
Section 4149 of the Revised Statutes (46 U.S.C. 72) is amended to read as follows:
“Sec. 4149.
The Secretary of the Treasury shall prescribe how evidence of admeasurement shall be given.”
Sec. 10.
Section 4150 of the Revised Statures (46 U.S.C. 74) is amended to read as follows:
“Sec. 4150.
A vessel’s marine document shall specify such identifying dimensions, measured in such manner, as the Secretary of the Treasury may prescribe,”
Sec. 11.
Section 4153 of the Revised Statutes (46 U.S.C. 77) is amended by inserting before the first paragraph the following:
“The tonnage deck, in vessels having three or more decks to the hull, shall be the second deck from below; in all other cases the upper deck of the hull is to be the tonnage deck. All measurements are to be taken in feet and decimal fractions of feet.”
Sec. 12.
The Secretary shall make such regulations as may be necessary to carry out the provisions of this Act,
Sec. 13.
Any person who makes a false, fictitious, or fraudulent statement or representation in any matter in which such statement or representation is required to be made to the Secretary in any regulation issued under this Act shall be subject to a penalty of not more than $1,000 for each such statement or representation.
Sec. 14.
If any tonnage mark required to be placed and displayed on a vessel in any regulation issued under this Act by the Secretary is not so placed or displayed or if the mark at any time shall cease to be continued on the vessel, such vessel shall be subject to a penalty of $30 on every subsequent arrival in a port of the United States.
Sec. 15.
Any penalty incurred under this Act may be remitted or
Penalty remitted.
mitigated by the Secretary under the provisions of section 5294 of the Revised Statutes, as amended (46 U.S.C. 7).
Approved September 29, 1965.