PRIA, Government Policy, Made Personal

Summary

If a U.S. law applies to a ship because of its tonnage, the ship must be measured under these rules. If a statute allows a different tonnage to be set here, the Secretary can make that alternate tonnage by regulation, and that regulation counts as an interpretive rule under section 553 of title 5. Until the Secretary sets an alternate tonnage, the tonnage in the statute applies to ships measured under chapter 143 or chapter 145. Heads of each federal agency must make sure any agency rules that list specific tonnages follow the alternate tonnages the Secretary puts in place.

Title 46, §14104

Shipping, Source: USLM XML via OLRC

(a)When the application of a law of the United States to a vessel depends on the vessel’s tonnage, the vessel shall be measured under this part.

(b)If a statute allows for an alternate tonnage to be prescribed under this section, the Secretary may prescribe it by regulation. Any such regulation shall be considered to be an interpretive regulation for purposes of section 553 of title 5. Until an alternate tonnage is prescribed, the statutorily established tonnage shall apply to vessels measured under chapter 143 or chapter 145 of this title.

(c)The head of each Federal agency shall ensure that regulations issued by the agency that specify particular tonnages comply with the alternate tonnages implemented by the Secretary.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised section 14104 Source: Section (U.S. Code) 46 App. U.S.C. 71. section 14104 requires that a vessel be measured under Part J of this subtitle when the application of a U.S. law to the vessel depends on its tonnage.

Editorial Notes

Amendments

1996—Pub. L. 104–324 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).

§14104 Measurement to Determine Application of a Law