The draft of every registered vessel shall be marked upon the stem and stern post, in English feet or decimeters, in either Arabic or Roman numerals. The bottom of each numeral shall indicate the draft to that line. REVISERS' NOTE While this section is grouped with the Registry and Documentation statutes formerly administered by the Bureau of Customs, its provisions have traditionally been enforced by the Coast Guard. Authority to prescribe regulations for draft marks is placed in the Revision's "Inspection" chapter. Revision's 3008 (12). DISPOSITION REVISERS' NOTE Sections 71 through 83k all deal with measurement of vessels to establish tonnage. Although only documented vessels are required to be measured, and measurements are required to be entered in the marine document, the two activities of measurement and documentation are distinct enough to call for placement in separate chapters. The present grouping of measurement laws with "Registry" laws in Chapter 2 of Title 46 is awkward because vessels documented under present Chapter 12 of Title 46 are also measured under the same laws as are "registered" vessels. Location of all "documentation" laws in one place and of all "measurement" laws in another place is desirable. INSPECTION, SURVEY, AND MEASUREMENT § 71. Admeasurement of vessels-Readmeasurement. (a) Before a vessel is documented under the laws of the United States or issued a certificate of record she shall be admeasured by the Secretary of the Treasury as provided in subsection (b) or (c) of this section. Ä vessel which has been admeasured need not be readmeasured solely to obtain another document, unless it is a vessel admeasured under subsection (b) of this section which is required to be readmeasured under subsection (c) of this section; but a vessel which is intended to be used exclusively as a pleasure vessel may at the owner's option be readmeasured under subsection (b) of this section. Pleasure vessels; gross and net tonnages; optional admeasurement of pleasure vessels as vessels used other than exclusively as pleasure vessels. (b) Subject to the owner's option to have his vessel admeasured under subsection (c) of this section, a vessel which is intended to be used exclusively as a pleasure vessel shall be assigned gross and net tonnages which are the product of its length, breadth, and depth in feet and appropriate coefficients. The Secretary of the Treasury shall prescribe the manner in which the length, breadth, and depth shall be measured and the appropriate coefficients to be applied, taking due account of variations in vessel construction, to the end that, taken as a group and so far as practicable, the resulting gross tonnages shall reasonably reflect the relative internal volumes of the vessels admeasured and the resulting net tonnages shall be in the same ratio to the corresponding gross tonnages as the net and gross tonnages of comparable vessels if admeasured under subsection (c) of this section. Vessels not documented for use exclusively as pleasure vessels. (c) A vessel not admeasured under subsection (b) of this section, or a vessel admeasured under subsection (b) of this section which is thereafter to be documented for use other than exclusively as a pleasure vessel, shall be admeasured as prescribed in sections 74, 75, and 77 of this title. Changes in tonnage; readmeasurement. (d) Whenever a vessel documented under the laws of the United States undergoes a change affecting tonnage, or its owner or the Secretary of the Treasury alleges error in its tonnage, it shall be readmeasured to the extent necessary and its tonnage redetermined under this section. Optional redetermination of vessels previously admeasured. (e) The tonnage of a vessel for which a document or certificate of record has been issued before the effective date of this subsection need not be redetermined solely because of amendments to Federal law enacted at the same time as this subsection; but if it is eligible for admeasurement under subsection (b) of this section its owner shall have the option of having it readmeasured under that subsection. Rules and regulations. (f) The Secretary of the Treasury shall make such regulations as may be necessary to carry out the provisions and intent of this section and of sections 72, 74, 75, and 77 of this title. REVISERS' NOTE Prior to its 1966 amendment R.S. 4148 (this section) contained only two provisions: (1) that documented vessels be measured before documentation, and (2) that no remeasurement should be required of a vessel once documented unless a change of tonnage occurred. These properly came in order before the other measurement laws. The amendment, however, broke the section down into six subsections. The first corresponds generally to the original R.S. 4148, with some complications. The second provides a wholly new but optional method of measurement of pleasure craft. The third subsection then goes on to say that a vessel not measured under the optional method will be measured under the original basic method (not yet stated). This requirement was not needed prior to the amendment, because the optional method had not been in existence. The fourth subsection provides for remeasurement when error has been alleged. The fifth subsection provides a savings or "grandfather" clause. The sixth is an authority to regulate. Revision generally intends to simplify this material by providing: (1) general provisions as to requirements for measurement and for remeasurement (Subchapter 1 of Chapter 16) (2) a basic method for measurement (Subchapter 2 of Chapter 16) (3) the optional omissions from gross tonnage (1965 amendment, 46 U.S.C. 83-83k) (Subchapter 3 of Chapter 16) (4) the optional method of measuring pleasure craft (Subchapter 4 of Chapter 16). This redistribution of provisions will eliminate the complexity of subsection 71(a). It will transfer the optional method of 71(b) from its out-of-place position at present (as the first method mentioned) to an appropriate place as an allowable change from basic, and first-stated, methods of measurement. It will allow the provisions of 71(c) to be simplified and to appear only with reference to the optional pleasure vessel method. 71(d) will be carried in the "General" subchapter, since it applies to all cases of measurement. 71(e) has puzzles. It is believed that the reference to "Federal law" is unnecessary and possibly even misleading. There is an implication that State law may somehow be involved. The reference to "amendments enacted at the same time as this subsection" would seem to have been found necessary by the drafters because of the position of R.S. 4148 in Title 48 of the Revised Statutes. To have used a term like "because of the Act" would have introduced a complication into the Revised Statutes. (See for example, the restatement of R.S. 4132, 46 U.S.C. 11, in Act, August 24, 1912, ch. 390, § 5, 37 Stat. 562. Here the words "this Act" were introduced into the Revised Statutes with respect to limitations or the use of certain foreign built vessels admitted to U.S. documentation. But other foreign built vessels were already admissible to U.S. documentation under R.S. 4132 before the amendment and restatement of 1912, and those vessels were not limited in their privileges. The U.S. Code editors converted the words "this Act" to "this section," making it appear that no foreign built vessel could, as of 1912, engage in the coastwise trade.) Since the present draft would repeal all the Revised Statutes affected, the complex language of the drafters of the 1966 amendment of this section can be avoided. A single, simple, contemporary "grandfather" clause will solve this problem. The regulatory authority of subsection “(f)" is covered by the general regulatory authority granted the Secretary for the entire Act. DISPOSITION 46 U.S.C. 71(a). First sentence. See Revision's section 16102. Second sentence expressly replaced, because of redistribution of elements, but covered by Revision's sections 16105 and 16405. 46 U.S.C. 71(b). See Revision's Chapter 16, Subchapter 4, sections 16401-16404. 46 U.S.C. 71 (c). With respect to the first provision, see Revision's section 16102; with respect to the provision as to pleasure vessels, see Revision's section 16404. 46 U.S.C. 71(d). See Revision's section 16105 (1). 46 U.S.C. 71 (e). See Revision's section 16105(2). 46 U.S.C. 71(f). Not replaced; unnecessary. § 72. Evidence of admeasurement. The Secretary of the Treasury shall prescribe how evidences of admeasurement shall be given. REVISERS' NOTE Changes in phraseology are needed because of transfer of functions from the Secretary of the Treasury. ́ ་་་༧་ DISPOSITION See Revision's section 16103, and also section 1003. § 74. Specification of dimensions in vessel's marine document; manner of measurement. A vessel's marine document shall specify such identifying dimensions, measured in such manner, as the Secretary of the Treasury Inay prescribe. 76-097-67- -3 See note to 46 U.S.C. 72. REVISERS' NOTE DISPOSITION See Revision's section 16104, and also section 16107. § 75. Cabins or staterooms excluded from measurement. No part of any vessel shall be required by section 74 of this title to be measured or registered for tonnage that is used for cabins or staterooms, and constructed entirely above the first deck, which is not a deck to the hull. REVISERS' NOTE Changes in phraseology are needed, and relocation in proper position relative to other provisions is needed. See Revision's section 16207 (c). DISPOSITION NOTE PRECEDING 46 U.S.C. 77 This section is of great length and is very complicated. Briefly, its intent is to establish rules for the measurement of "gross tonnage" of a vessel (stating what is or is not to be included in gross tonnage) and rules for spaces which may be deducted from the spaces included in gross tonnage so as to arrive at the "net tonnage" of the vessel for purposes of its marine document. Up until the amendment of August 5, 1882, the term "gross tonnage" did not appear in this section (R.S. 4153), and it still does not appear in those portions of the section, roughly the first half, which preexisted 1882. Amendments from 1882 on have not only provided deductions from gross tonnage but have also provided for additions to gross tonnage and omissions from measurement of gross tonnage. The Revision proposes generally to: (1) reduce 46 U.S.C. 77 to the smallest component parts ascertainable, (2) group as nearly as possible in consecutive order all provisions relative to measurement for inclusion in gross tonnage, and then give all deductions for establishment of net tonnage. Since the text of this section is unwieldly, it is broken into sections labeled (1), (2), etc. For each section so labeled, the Revisers' Notes and Disposition are given immediately. § 77. Tonnage. 46 U.S.C. 77(1) 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. REVISERS' NOTE The first sentence, giving a definition of "tonnage deck" is altered to make it identical with the definition of "second deck" in 46 U.S.C. 83. The present definitions in these sections make it possible that for some laws a deck would be the "second deck", and for others the "third deck." The definition of "second deck” in 46 U.S.O. 83 was adopted to accord with an IMCO recommendation as to tonnage measurement. It has necessitated, because of 46 U.S.C. 77, a dual definition of "tonnage deck" under Title 19, CFR. All contradictions and duality of definitions are resolved by making the definition of "tonnage deck" accord with the definition of "second deck." The practical effect of making the "tonnage deck" on a multidecked vessel the second deck from above instead of the second deck from below is almost nil. Any possible effect can be eliminated by the provision that a tonnage measurement made before the passage of this change in definition need not be altered solely because of the passage of this Act, The definition is transferred to a "definition" section of the "General" subchapter, to locate it with other definitions. The unit of measurement given in the second sentence (transferred into R.S. 4153 from R.S. 4150 along with the "tonnage deck" definition in 1965) is actually now misplaced. Formerly it applied directly to measurements of length, breadth, depth, and height. But the references are no longer in the statutes. The units should be placed in a separate section. DISPOSITION Definition of "tonnage deck": Revision's 16101 (4). $77. Tonnage. 46 U.S.C. 77(2) The register tonnage of every vessel built within the United States or owned by a citizen or citizens thereof shall be her entire internal cubical capacity in tons of one hundred cubic feet each. REVISERS' NOTE The term "register tonnage" must be eliminated. Originally the term meant what is now "gross tonnage." "Gross tonnage" was not a term in this section until 1882. Amendments have introduced “additions" to "gross tonnage" and have also used the term "net or register tonnage." As the section now reads, "register tonnage" is used in two different ways, and "gross tonnage" means two different things ("gross tonnage" and "gross tonnage plus additions to gross tonnage"). Revision proposes to avoid these discrepancies by stating only that "tonnage" of spaces shall be measured, that "gross tonnage" will be thus and so, and that "net tonnage" will be the gross tonnage less deductions. No reference to the "register tonnage" is needed. The definition of "ton" is moved to the general definition section. The references to vessels "built in the United States" or "owned by citizens" are not needed because subsection (a) of present 46 U.S.C. 71 (q.v.) states that vessels are to be measured. Measure the length of the vessel in a straight line along the upper side of the tonnage deck, from the inside of the inner plank, average thickness, at the side of the stem to the inside of the plank on the stern timbers, average thickness, deducting from this length what is due to the rake of the bow in the thickness of the deck, and what is due to the rake of the stern timber in the thickness of the deck, and also what is due to the rake of the stern timber in one-third of the round of the |