Encl. (5) to COMDTINST 16200.3A
5.
c.
Situations of this type warrant a case by case
evaluation when determining whether or not initiating
civil penalty action is appropriate.
6.
Tonnage Measurement.
a.
Statutory authority and requirements for tonnage
measurement are contained in 46 U.S.C. Part J.
Regulatory requirements are found in 46 CFR Part 69.
Measurement under Annex I of the International
Convention of Tonnage Measurement of Ships, 1969, is
required for U.S. vessels that engage in international
voyages; no domestic regulatory applications exist under
this Convention.
b.
Tonnages may have a substantial impact
in determining
when a vessel is subject to regulatory
standards and
requirements. Tonnage violations most
frequently are
found when a vessel is altered but not
remeasured.
c.
Also, tonnages may be subject to adjustment when a
vessel changes from a specific operating condition. For
instance, a vessel that is entitled to lower tonnage
assignments when it carries drill water to offshore
drilling units could be subject to higher gross tonnage
when it ceases that operation. A vessel that is
entitled to tonnage reductions when operating as a
passenger vessel may be subject to higher tonnages when
it ceases carrying passengers for hire. Other possible
violations could include improper tonnage openings, the
absence of required tonnage marks, or incorrect
placement of the tonnage mark in relation to the
vessel's loadline. Failure to ensure that appropriate
steps are taken may have adverse safety impacts.
Offenses related to tonnage measurement warrant the
initiation of civil penalty action and/or other remedial
action. Questions regarding the appropriateness of a
tonnage assignment should be referred to higher
authority.
7.
Vessel Documentation.
a.
Statutory authority and requirements related to vessel
documentation are contained in 46 U.S.C. Chapter 121.
Regulatory requirements are found in 46 CFR Parts 67 -
68.
b.
As stated in 46 CFR 67.01-3, "Documentation is required
for the operation of vessels in certain trades, serves
as evidence of vessel nationality, and, with certain
exceptions, permits vessels to be subject to preferred
mortgages." Examples of more serious documentation
offenses are operating either a documented or
undocumented vessel in a trade for which it is not
5
Previous Page
