REVISERS' NOTE See note to 46 U.S.C. 72. DISPOSITION See Revision's section 16104, and also section 16107. § 75. Cabins or staterooms excluded from measurement. No part of any vessel shall be required by section 74 of this title to be measured or registered for tonnage that is used for cabins or staterooms, and constructed entirely above the first deck, which is not a deck to the hull. REVISERS' NOTE Changes in phraseology are needed, and relocation in proper position relative to other provisions is needed. This section is of great length and is very complicated. Briefly, its intent is to establish rules for the measurement of "gross tonnage" of a vessel (stating what is or is not to be included in gross tonnage) and rules for spaces which may be deducted from the spaces included in gross tonnage so as to arrive at the "net tonnage" of the vessel for purposes of its marine document. Up until the amendment of August 5, 1882, the term "gross tonnage" did not appear in this section (R.S. 4153), and it still does not appear in those portions of the section, roughly the first half, which preexisted 1882. Amendments from 1882 on have not only provided deductions from gross tonnage but have also provided for additions to gross tonnage and omissions from measurement of gross tonnage. The Revision proposes generally to: (1) reduce 46 U.S.C. 77 to the smallest component parts ascertainable, (2) group as nearly as possible in consecutive order all provisions relative to measurement for inclusion in gross tonnage, and then give all deductions for establishment of net tonnage. Since the text of this section is unwieldly, it is broken into sections labeled (1), (2), etc. For each section so labeled, the Revisers' Notes and Disposition are given immediately. § 77. Tonnage. 46 U.S.C. 77(1) 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. REVISERS' NOTE The first sentence, giving a definition of "tonnage deck" s altered to make it identical with the definition of "second deck" in 46 U.S.C. 83. The present definitions in these sections make it possible that for some laws a deck would be the "second deck" and for others the "third deck." The definition of "second deck" in 46 U.S.C. 83 was adopted to accord with ́an IMCO recommendation as to tonnage measurement. It has necessitated, because of 46 U.S.C. 77, a dual definition of "tonnage deck" under Title 19, CFR. All contradictions and duality of definitions are resolved by making the definition of "tonnage deck" accord with the definition of "second deck." The practical effect of making the "tonnage deck" on a multidecked vessel the second deck from above instead of the second deck from below is almost nil. Any possible effect can be eliminated by the provision that a tonnage measurement made before the passage of this change in definition need not be altered solely because of the passage of this Act, The definition is transferred to a "definition" section of the "General" subchapter, to locate it with other definitions. The unit of measurement given in the second sentence (transferred into R.S. 4153 from R.S. 4150 along with the "tonnage deck" definition in 1965) is actually now misplaced. Formerly it applied directly to measurements of length, breadth, depth, and height. But the references are no longer in the statutes. The units should be placed in a separate section. DISPOSITION Definition of "tonnage deck": Revision's 16101 (4). § 77. Tonnage. 46 U.S.C. 77(2) The register tonnage of every vessel built within the United States or owned by a citizen or citizens thereof shall be her entire internal cubical capacity in tons of one hundred cubic feet each. REVISERS' NOTE The term "register tonnage" must be eliminated. Originally the term meant what is now "gross tonnage.” “Gross tonnage" was not a term in this section until 1882, Amendments have introduced "additions" to "gross tonnage" and have also used the term "net or register tonnage." As the section now reads, "register tonnage" is used in two different ways, and "gross tonnage" means two different things ("gross tonnage" and "gross tonnage plus additions to gross tonnage"). Revision proposes to avoid these discrepancies by stating only that "tonnage" of spaces shall be measured, that "gross tonnage" will be thus and so, and that "net tonnage" will be the gross tonnage less deductions. No reference to the "register tonnage" is needed. The definition of "ton" is moved to the general definition section. The references to vessels "built in the United States" or "owned by citizens" are not needed because subsection (a) of present 46 U.S.C. 71 (q.v.) states that vessels are to be measured. DISPOSITION Definition of "ton": Revision's 16106(b). The rest is not replaced. 877. Tonnage. 46 U.S.C. 77(3) Measure the length of the vessel in a straight line along the upper side of the tonnage deck, from the inside of the inner plank, average thickness, at the side of the stem to the inside of the plank on the stern timbers, average thickness, deducting from this length what is due to the rake of the bow in the thickness of the deck, and what is due to the rake of the stern timber in the thickness of the deck, and also what is due to the rake of the stern timber in one-third of the round of the beam; divide the length so taken into the number of equal parts required by the following table, according to the class in such table to which the vessel belongs. REVISERS' NOTE The only change needed is separation of this material into an individual section. Class one. Vessels of which the tonnage length according to the above measurement is fifty feet or under: into six equal parts. Class two. Vessels of which the tonnage length according to the above measurement is above fifty feet, and not exceeding one hundred feet into eight equal parts. Class three. Vessels of which the tonnage length, according to the above measurement is above one hundred feet, and not exceeding one hundred and fifty feet: into ten equal parts. Class four. Vessels of which the tonnage length according to the above measurement is above one hundred and fifty feet, and not exceeding two hundred feet: into twelve equal parts. Class five. Vessels of which the tonnage length according to the above measurement is above two hundred feet, and not exceeding two hundred and fifty feet: into fourteen equal parts. Class six. Vessels of which the tonnage length according to the above measurement is above two hundred and fifty feet: into sixteen equal parts. REVISERS' NOTE The "Table of Classes" is converted into an actual table. Then, the hold being sufficiently cleared to admit of the required depths and breadths being properly taken, find the transverse area of such vessel at each point of division of the length as follows: Measure the depth at each point of division from a point at a distance of one-third of the round of the beam below such deck; or, in case of a break, below a line stretched in continuation thereof, to the upper side of the floor timber, at the inside of the limber strake, after deducting the average thickness of the ceiling, which is between the bilge planks and limber strake; then, if the depth at the midship division of the length do not exceed sixteen feet, dívide each depth, at each four equal parts; then measure the inside horizontal breadth, at each of the three points of division, and also at the upper and lower points of the depth, extending each measurement to the average thickness of that part of the ceiling which is between the points of measurement; number these breadths from above, numbering the upper breadth one, and so on down to the lowest breadth; multiply the second and fourth by four, and the third by two; add these products together, and to the sum add the first breadth and the last, or fifth; multiply the quantity thus obtained by one-third of the common interval between the breadths, and the product shall be deemed the transverse area; but if the midship depth exceed sixteen feet, divide each depth into six equal parts, instead of four, and measure as before directed the horizontal breadths at the five points of division, and also at the upper and lower points of the depth; number them from above as before; multiply the second, fourth, and sixth by four, and the third and fifth by two; add these products together, and to the sum add the first breadth and the last, or seventh; multiply the quantities thus obtained by one third of the common interval between the breadths, and the products shall be deemed the transverse area. REVISERS' NOTE The provision re clearing the holds is unnecessary. The provisions for measurement of "transverse area” are split to simplify the statement of measurements. DISPOSITION The first sentence is omitted. For the measurements see Revision's sections 16203 and 16204. § 77. Tonnage. 46 U.S.C. 77(6) Having thus ascertained the transverse area at each point of division of the length of the vessel, as required above, proceed to ascertain the register tonnage of the vessel in the following manner: Number the areas successively one, two, three, and so forth, number one being at the extreme limit of the length at the bow, and the last number at the extreme limit of the length at the stern; then, whether the length to be divided according to the table into six or sixteen parts, as in classes one and six, or any intermediate number, as in classes two, three, four and five, multiply the second, and every even-numbered area by four, and the third, and every odd-numbered area, except the first and last, by two; add these products together, and to the sum add the first and last if they yield anything; multiply the quantities thus obtained by one-third of the common interval between the areas, and the product will be the cubical contents of the space under the tonnage deck; divide this product by one hundred, and the quotient, being the tonnage under the tonnage deck, shall be deemed to be the register tonnage of the vessel, subject to the additions hereinafter mentioned. REVISER'S NOTE The reference to "register" tonnage is eliminated as explained under (1) above. The statement is made that the result of the procedures set forth so far is the tonnage "below the tonnage” deck. Revision's section 16205. DISPOSITION § 77. Tonnage. 46 U.S.C. 77(7) If there be a break, a poop, or any other permanent closed-in space on the upper deck, or the spar deck, available for cargo, or stores, or for the berthing or accommodations of passengers or crew, the tonnage of such space shall be ascertained as follows: Measure the internal mean length of such space in feet, and divide it into an even number of equal parts of which the distance asunder shall be most nearly equal to those into which the length of the tonnage deck has been divided; measure at the middle of its height the inside breadths, namely, one at ench end and at each of the points of division, numbering them successively one, two, three, and so forth; then to the sum of the end breadths add four times the sum of the even-numbered breadths and twice the sum of the odd-numbered breadths, except the first and last, and multiply the whole sum by one-third of the common interval between the breadths; the product will give the mean horizontal area of such space; then measure the mean height between the planks of the decks, and multiply by it the mean horizontal area; divide the product by one hundred, and the quotient shall be deemed to be the tonnage of such space, and shall be added to the tonnage under the tonnage decks, ascertained as aforesaid. REVISERS' NOTE The term "upper deck" is changed to "uppermost complete deck" to conform to the provisions of present 46 U.S.C. 83 (Revision's section 16101(a)). Revision's 16207. § 77. Tonnage. DISPOSITION 46 U.S.C. 77(8) If a vessel has a third deck, or spar deck, the tonnage of the space between it and the tonnage deck shall be ascertained as follows: Measure in feet the inside length of the space, at the middle of its height, from the plank at the side of the stem to the plank on the timbers at the stern, and divide the length into the same number of equal parts into which the length of the tonnage deck is divided; measure, also at the middle of its height, the inside breadth of the space at each of the points of division, also the breadth of the stem and the breadth of the stern; number them successively one, two, three, and so forth, commencing at the stem; multiply the second, and all other evennumbered breadths, by four, and the third, and all the other odd-numbered breadths, except the first and last, by two: to the sum of these products add the first and last breadths, multiply the whole sum by one-third of the common interval between the breadths, and the result will give, in superficial feet, the mean horizontal area of such space; measure the mean height between the plank of the two decks, and multiply by it the mean horizontal area, and the product will be the cubical contents of the space; divide this product by one hundred, and the quotient shall be deemed to be the tonnage of such space, and shall be added to the other tonnage of the vessel, ascertained as above directed. And if the vessel has more than three decks, the tonnage of each |