79 STAT. 892 Submerged tonnage mark. Measurement certificate. Regulations by applicable loadline convention, except that, when a vessel's statutory loadline is assigned on the assumption that the second deck is the freeboard deck, the tonnage mark may be permitted to be placed and displayed on a line level with the uppermost part of the loadline grid. SEC. 5. Except when the tonnage mark is placed and displayed on the vessel at the level prescribed in section 4 hereof, an additional line may be added to the tonnage mark, subject to such specifications as to location and dimensions as are prescribed in regulations issued under this Act. SEO. 6. The tonnage mark shall be deemed to be submerged when the upper edge of the mark is under water, except that if the vessel is marked with the additional line in accordance with section 5 of this Act and is in fresh water or in tropical waters the tonnage mark shall not be deemed to be submerged unless the upper edge of the additional line is under water. SEC. 7. In a case in which a vessel measured under this Act and other applicable statutes has a tonnage mark placed and displayed at a place other than a line level with the uppermost part of the loadline grid, any measurement certificate or marine document reciting tonnages issued to such vessel shall show the gross and net tonnages applicable when the tonnage mark is submerged and the gross and net tonnages applicable when the mark is not submerged. In any other case in which a vessel is measured under this Act and other applicable statutes, any measurement certificate or marine document reciting tonnages issued to such vessel shall show only one set of gross and net tonnages, taking into account all applicable omissions or exemptions. SEC. 8. In a case in which an application for omission of spaces is filed under section 2 of this Act for a vessel for which a statutory loadline is not required and is not assigned, the line of the uppermost complete deck shall be marked in the manner specified for marking the deck line in the international loadline convention in force. SEC. 9. Section 4149 of the Revised Statutes (46 U.S.C. 72) is amended to read as follows: "SEC. 4149. The Secretary of the Treasury shall prescribe how evidence of admeasurement shall be given.' SEC. 10. Section 4150 of the Revised Statutes (46 U.S.C. 74) is amended to read as follows: "SEC. 4150. A vessel's marine document shall specify such identifying dimensions, measured in such manner, as the Secretary of the Treasury may prescribe." SEC. 11. Section 4153 of the Revised Statutes (46 U.S.C. 77) is amended by inserting before the first paragraph the following: "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." SEC. 12. The Secretary shall make such regulations as may be necessary to carry out the provisions of this Act. SEC. 13. Any person who makes a false, fictitious, or fraudulent statement or representation in any matter in which such statement or representation is required to be made to the Secretary in any regulation issued under this Act shall be subject to a penalty of not more than $1,000 for each such statement or representation. SEC. 14. If any tonnage mark required to be placed and displayed on a vessel in any regulation issued under this Act by the Secretary 79 STAT. 893 to be continued on the vessel, such vessel shall be subject to a penalty Penalty remitted. LEGISLATIVE HISTORY: HOUSE REPORT No. 995 accompanying H. R. 3351 (Comm. on SENATE REPORT No. 674 (Comm. on Commerce). Sept. 7: Considered and passed Senate. Sept. 20: Passed House, in lieu of H. R. 3351. 89th Congress, H. R. 728 An Act To amend section 510 of the Merchant Marine Act, 1936. 79 STAT. 980 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the first Merchant Marine sentence of subsection (i) of section 510 of the Merchant Marine Act, Act, 1936, amend1936, as amended (46 U.S.C. 1160 (i)), is amended as follows: (1) By striking out "within five years from the date of enactment of this Act war-built vessels (which are defined for purposes of this subsection as oceangoing" and inserting in lieu thereof the following: "before July 5, 1970,". (2) By striking out "during the period beginning September 3, 1939, and ending September 2, 1945)" and inserting in lieu thereof the following: "before September 3, 1945,". (3) By inserting immediately before the words "owned by the United States" the following: "(which are defined for purposes of this subsection as oceangoing vessels of one thousand five hundred gross tons or over which were constructed or contracted for by the United States shipyards during the period beginning September 3, 1939, and ending September 2, 1945)". (b) Paragraph (1) of subsection (i) of section 510 of the Merchant Marine Act, 1936, as amended, is amended to read as follows: "(1) The traded-in vessel shall have been owned by a citizen or citizens of the United States, documented under the laws of the United States, and shall not have been operated with operating-differential ments. 74 Stat. 312. Vessel exchange program, extension. subsidy under title VI of this Act by the applicant or any affiliate 49 Stat. 2001. of the applicant for at least three years immediately prior to the date 46 USC 1171of the exchange." 1183. (c) Paragraph (2) of subsection (i) of section 510 of the Merchant Valuation of Marine Act, 1936, as amended, is amended by inserting after the vessels. period at the end thereof the following: "The value of a vessel when traded out shall be calculated in the same manner as its value was determined when it was traded in, except that vessels traded in prior to October 1, 1960, shall be valued on the basis yielding the highest fair return to the Government commensurate with the purposes of this subsection. In each exchange of vessels under this subsection, the value of the vessel traded-in, unless based on scrap value, and the value of the vessel traded-out shall be calculated in the same manner." (d) Paragraph (9) of subsection (i) of section 510 of the Merchant Tanker vessels. Marine Act, 1936, as amended, is amended to read as follows: "(9) Except where traded out for use exclusively in trade and commerce on the Great Lakes, including the Saint Lawrence River and Gulf, tanker vessels may be traded out under the provisions of this subsection only for major conversions into dry cargo carriers or liquid bulk carriers, including natural gas carriers but excluding bulk petroleum carriers." SEC. 2. Section 510 of the Merchant Marine Act, 1936 is further National defense amended by adding at the end thereof the following new subsection: reserve fleet. "(j) Any vessel heretofore or hereafter acquired under this section, or otherwise acquired by the Secretary of Commerce under any other authority shall be placed in the national defense reserve fleet established under authority of section 11 of the Merchant Ship Sales Act 79 STAT. 980 60 Stat. 49. of 1946 (50 U.S.C. App. 1744), and shall not be traded out or sold from such reserve fleet, except as provided for in subsections (g) and (i) of this section. This limitation shall not affect the rights of the Secretary of Commerce to dispose of a vessel as provided in other 46 USC 1191, 1271. sections of this title or in titles VII or XI of this Act." Approved October 10, 1965. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 597 (Comm. on Merchant Marine & Fisheries) and SENATE REPORT No. 373 accompanying S. 2069 (Comm. on Commerce). July 12: Passed House. Aug. 26: Considered and passed Senate, amended, in lieu of S. 2069. Sept. 24: House agreed to conference report. 89th Congress, H. R. 10198 An Act 79 STAT. 1124 To amend the requirements relating to lumber under the Shipping Act, 1916. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 18(b)(1) of the Shipping Act, 1916 (46 U.S.C. 817(b) (1)), is amended by inserting before the word "lumber" wherever it appears in this section the word "softwood". Approved October 30, 1965. LEGISLATIVE HISTORY: HOUSE REPORT No. 1088 (Comm. on Merchant Marine & Fisheries). Oct. 5: Passed House. Oct. 18: Considered and passed Senate. |