[Code of Federal Regulations]
[Title 46, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 46CFR69.11]

[Page 388-389]
 
                           TITLE 46--SHIPPING
 
   CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)
 
PART 69_MEASUREMENT OF VESSELS--Table of Contents
 
                            Subpart A_General
 
Sec. 69.11  Determining the measurement system or systems for a particular 
vessel.

    (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

[[Page 389]]

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]