46 U.S.C. § 14302

Measurement

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(a) The Secretary shall measure a vessel to which this chapter applies in the way provided by this chapter and the Convention.(b) A vessel measured under this chapter may not be required to be measured under another law.(c) Unless otherwise provided by law, the measurement of a vessel under this chapter applies to a law of the United States whose applicability depends on a vessel’s tonnage, if that law—(1) becomes effective after July 18, 1994; or(2) is in effect before July 19, 1994, is not enumerated in section 14305 of this title, and is identified by the Secretary by regulation as a law to which this chapter applies.(Pub. L. 99–509, title V, § 5101(3), Oct. 21, 1986, 100 Stat. 1921; Pub. L. 111–281, title III, § 303(d), Oct. 15, 2010, 124 Stat. 2924.)Historical and Revision Notes

Revised section 14302

Source: International Convention on Tonnage Measurement of Ships.

Section 14302(a) requires the Secretary to measure a vessel to which this chapter applies, in the way provided by this chapter and by the Convention. Section 14302(b) provides that a vessel that is required to be measured under this chapter can not also be required to be measured under another law. The exception allows the Panama Canal Commission to continue to use the Canal measurement system for calculation of tolls. Section 14302(c) provides that the applicability of tonnage-based laws that become effective after July 18, 1994, will be based on Convention tonnage measurements. The applicability of tonnage-based laws in effect before July 19, 1994, which are listed by the Secretary, will also be based on Convention tonnage. Therefore, the laws that will be based on regulatory tonnage are those not listed by the Secretary by regulation and those listed in section 14305 of this legislation.

Editorial NotesAmendments

2010—Subsec. (b). Pub. L. 111–281 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Except as provided in section 1602(a) of the Panama Canal Act of 1979 (22 U.S.C. 3792(a)), a vessel measured under this chapter may not be required to be measured under another law.”

Notes of Decisions

Cited in 2 cases, 1991–2006 · leading case: Hornbeck Offshore Transp., LLC v. United States Coast Guard, 424 F. Supp. 2d 37 (D.D.C. 2006).

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Hornbeck Offshore Transp., LLC v. United States Coast Guard, 424 F. Supp. 2d 37 (D.D.C. 2006). · cites it 2× “Measurement under 46 U.S.C. § 14302 conforms with the International Convention on Tonnage Measurement of Ships of 1969, which yields the vessel’s “Convention tonnage” commonly denominated “ITC.”

Kyoei Kaiun Kaisha, Ltd. v. M/V BERING TRADER, 795 F. Supp. 1046 (W.D. Wash. 1991). · cites it 2× “46 U.S.C. § 14302 (c)(2). 3.The Clean Water Act Regulations The CWA regulations governing the extent of liability have consistently referred to a vessel’s certificate of registry for the applicable tonnage measurement.”

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