[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: 46CFR69.27]

[Page 390-391]
 
                           TITLE 46--SHIPPING
 
   CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)
 
PART 69_MEASUREMENT OF VESSELS--Table of Contents
 
                            Subpart A_General
 
Sec. 69.27  Delegation of authority to measure vessels.

    (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.

[[Page 391]]

    (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]