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 even-numbered 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 space between decks, above the tonnage deck, shall be severally ascertained in the manner above described, and shall be added to the tonnage of the vessel[,] ascertained as above directed.

In ascertaining the tonnage of open vessels the upper edge of the upper strake is to form the boundary line of measurement, and the depth shall be taken from an athwartship line, extending from the upper edge of such strake at each division of the length.

From the gross tonnage of every vessel of the United States there shall be deducted:

(a) The tonnage of the spaces or compartments occupied by or appropriated to the use of the crew of the vessel. Every place appropriated to the crew of the vessel shall have a space of not less than seventy-two cubic feet and not less than twelve superficial feet, measured on the deck or floor of that place, for each seaman or apprentice lodged therein. Such place shall be securely constructed, properly lighted, drained, and ventilated, properly protected from weather and sea, and as far as practicable properly shut off and protected from the effuvium of cargo or bilge water; and failure to comply with this provision shall subject the owner to a penalty of $500. Every place so occupied shall be kept free from goods or stores of any kind not being the personal property of the crew in use during the voyage; and if any such place is not so kept free, the master shall forfeit and pay to each seaman or apprentice lodged in that place the sum of 50 cents a day for each day during which any goods or stores as aforesaid are kept or stored in the place after complaint has been made to him by any two or more of the seamen so lodged. No deduction from tonnage as aforesaid shall be made unless there is permanently cut in a beam and over the doorway of every such place the number of men it is allowed to accommodate with these words, "Certified to accommodate seamen." (b) Any space exclusively for the use of the master certified by the [collector] officer or employee designated by the Secretary for that purpose to be reasonable in extent and properly constructed, and the words "Certified for the accommodation of master" to be permanently cut in a beam and over the door of such space.

(c) Any space used exclusively for the working of the helm, the capstan, and the anchor gear, or for keeping the charts, signals, and other instruments of navigation and boatswain's stores, and the words

"Certified for steering gear", or "Certified for boatswain's stores", or "Certified chart house", as the case may be, to be permanently cut in the beam and over the doorway of each of such spaces.

(d) The space occupied by the donkey engine and boiler, if connected with the main pumps of the ship.

(e) In the case of a ship propelled wholly by sails any space, not exceeding 22 per centum of the gross tonnage, used exclusively for the storage of sails: Provided, That spaces deducted shall be certified by the [collector] officer or employee designated by the Secretary for that purpose to be reasonable in extent and properly and efficiently constructed for the purposes for which they are intended, and the words "Certified for storage of sails" to be cut on the beam and over the doorway of such space.

(f) In the case of a vessel which is screw propelled in whole or in part, the following deduction shall be made for the space occupied by the propelling machinery:

(1) Thirty-two thirteenths times the tonnage of the propellingmachinery space, if the tonnage of that space is not more than 13 per centum of the gross tonnage of the vessel and if that space is reasonable in extent: Provided, however, That, in lieu thereof, the deduction shall be one and three-fourths times the tonnage of the propelling-machinery space, in the case of a vessel the construction of which was commenced on or before June 4, 1956, if the owner so elects;

(2) Thirty-two per centum of the gross tonnage of the vessel, if the tonnage of the propelling-machinery space is more than 13 per centum and less than 20 per centum of the gross tonnage of the vessel; or

(3) Thirty-two per centum of the gross tonnage of the vessel or one and three-fourths times the tonnage of the propellingmachinery space, whichever the owner of the vessel elects, if the tonnage of that space is 20 per centum or more of the gross tonnage of the vessel.

(g) In the case of a vessel which is propelled in whole or in part by paddle wheels, the following deduction shall be made for the space occupied by the propelling machinery:

(1) Thirty-seven twentieths times the tonnage of the propelling-machinery space, if the tonnage of that space is not more than 20 per centum of the gross tonnage of the vessel and if that space is reasonable in extent: Provided, however, That, in lieu thereof, the deduction shall be one and one-half times the tonnage of the propelling-machinery space, in the case of a vessel the construction of which was commenced on or before June 4, 1956, if the owner so elects;

(2) Thirty-seven per centum of the gross tonnage of the vessel, if the tonnage of the propelling-machinery space is more than 20 per centum and less than 30 per centum of the gross tonnage of the vessel; or

(3) Thirty-seven per centum of the gross tonnage of the vessel or one and one-half times the tonnage of the propelling-machinery space, whichever the owner elects, if the tonnage of that space is 30 per centum or more of the gross tonnage of the vessel. (h) If there be a break, a poop, or any other permanent closed-in space on the upper deck available for cargo or stores, or for the berthing

or accommodation of passengers or crew, the tonnage of that space shall be ascertained and added to the gross tonnage: Provided, That nothing shall be added to the gross tonnage for any sheltered space above the upper deck which is under cover and open to the weather; that is, not inclosed.

The cubical contents of the hatchways shall be obtained by multiplying the length and breadth together and the product by a mean depth taken from the top of beam to the under side of the hatch. From the aggregate tonnage of the hatchways there shall be deducted one-half of 1 per centum of the gross tonnage and the remainder only shall be added to the gross tonnage of the ship exclusive of the tonnage of the hatchways.

(i) On a request in writing to the Secretary [of the Treasury] by the owners of a ship the tonnage of such portion of the space or spaces above the crown of the engine room and above the upper deck as is framed in for the machinery or for the admission of light and air and hot required to be added to gross tonnage shall, for the purpose of ascertaining the tonnage of the space occupied by the propelling power, be added to the tonnage of the engine space; but it shall then be included in the gross tonnage; such space or spaces must be reasonable in extent, safe, and seaworthy, and cannot be used for any purpose ther than the machinery or for the admission of light and air to the machinery or boilers of the ship.

And the proper deduction from the gross tonnage having been made, the remainder shall be deemed the net or register tonnage of such ressels.

The register or other official certificate of the tonnage or nationality of a vessel of the United States, in addition to what is required by law to be expressed therein, shall state separately the deductions made from the gross tonnage, and shall also state the net or register tonnage of the vessel.

In the case of a ship constructed with a double bottom for water ballast, if the space between the inner and outer plating thereof is ertified by the [collector] officer or employee designated by the Secrefary for that purpose to be not available for the carriage of cargo, stores, or fuel, then the depth of the vessel shall be taken to the upper side of the inner plating of the double bottom, and that upper side shall for the purposes of measurement be deemed to represent the floor timber. From the gross tonnage there shall be deducted any other space adapted only for water ballast certified by the [collector] officer or employee designated by the Secretary for that purpose not to be available for the carriage of cargo (other than ballast water for use for underwater drilling, mining, and related purposes, including production), stores, supplies, or fuel.

[Upon application by the owner or master of an American vessel in foreign trade, collectors of customs, under regulations to be approved by the Secretary of the Treasury, are authorized to attach to the register of such vessel an appendix stating separately, for use in foreign ports, the measurement of such space or spaces as are permitted to be deducted from gross tonnage by the rules of other nations and are not permitted by the laws of the United States.]

The register of the vessel shall express the number of decks, the tonnage under the tonnage deck, that of the between decks, above the tonnage deck; also that of the poop or other inclosed spaces above

71-032-67———7

the deck, each separately. In every vessel documented as a vessel of the United States the number denoting her net tonnage shall be deeply carved or otherwise permanently marked on her main beam, and shall be so continued; and if the number at any time cease to be continued such vessel shall be subject to a fine of $30 on every arrival in a port of the United States if she have not her tonnage number legally carved or permanently marked.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 77 (R.S. § 4153; Aug. 5, 1882, c. 398, § 1, 22 Stat. 300; June 19, 1886, c. 421, § 5, 24 Stat. 81; Mar. 2, 1895, c. 173, § 1, 28 Stat. 741; Feb. 14, 1903, c. 552, § 10, 32 Stat. 829; Feb. 6, 1909, c. 82, §§ 1, 2, 35 Stat. 613; Mar. 4, 1913, c. 141, § 1, 37 Stat. 736; June 30, 1932, c. 314,88501, 502(b), 47 Stat. 415; May 27, 1936, c. 463, § 1, 49 Stat. 1380; 1946 Reorganization Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280; June 4, 1956, c. 352, §§ 1, 2, 70 Stat. 227; Public Law 85-654, Aug. 14, 1958, 72 Stat. 611; Public Law 89-219, § 11, Sept. 29, 1965; 79 Stat. 892; 1965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965, 30 F. R. 7035, 79 Stat. 1317).

The first paragraph has been deleted. The first sentence of the first paragraph, with changes in phraseology, has been inserted in parentheses after "tonnage deck in what now becomes the first paragraph. The second sentence of the first paragraph (deleted) is now subsection (b) of section 401 of this act.

The words "officer or employee designated by the Secretary for that purpose" have been substituted for "collector" in several instances because the office of "collector [of customs]" is abolished by 1965 Reorganization Plan No. 1.

The penultimate paragraph has been deleted as obsolete.

Section 47 of Measurement of Vessels, 4th ed., Bureau of Navigation (Bureau of Marine Inspection and Navigation), Jan. 2, 1925 (46 CFR 16.47), recited the language of this paragraph with the addition (upon what_authority does not appear) of the words "and vice versa.' Bureau of Marine Inspection and Navigation Circular Letter 127, Sept. 4, 1936, instructed collectors:

"For the use of passenger ships in foreign ports you will issue to each such vessel admeasured in your district [and to vessels operating in your district not previously furnished such an appendix] a "Special Appendix to Certificate of Registry of American Passenger Vessels" (Cat. 1265-A), showing the tonnage of passenger spaces on a deck not a deck to the hull and exempted from her register tonnage." Section 61 of the current Regulations for the Tonnage Measurement of Vessels (orginally 46 CFR 16.61, now 19 CFR 2.61), the successor to section 47 of the prior regulations, has from its effective date of Apr. 1, 1940, to the present omitted the statutory language altogether and paraphrased the language of the circular letter. The special appendix therein referred to appears to be the only kind of appendix to a register issued in recent years. Authority for its issuance is now to be found in section 404 of this act, reflecting the amendment of R.S. § 4149 by Public Law 89-219, § 9, Sept. 29, 1965, 79 Stat. 892.

SEC. 407. OPTIONAL METHOD: DEFINITIONS.-As used in sections 407 through 412 of this Act:

(a) [The term "uppermost] "Uppermost complete deck" means the uppermost complete deck of a vessel exposed to sea and weather, which shall be deemed to be that deck which has permanent means of closing all openings in the weather portions thereof, provided that any opening in the side of the vessel below that deck, other than an opening abaft a transverse watertight bulkhead placed aft of the rudder stock, is fitted with permanent means of watertight closing.

(b) [The term "second] "Second deck" means the deck next below the uppermost complete deck which is continuous in a foreand-aft direction at least between peak bulkheads, is continuous athwartships, is fitted as an integral and permanent part of the vessel's

structure, and has proper covers to all main hatchways. Interruptions in way of propelling machinery space openings, ladder and stairway openings, trunks, chain lockers, cofferdams, or steps not exceeding a total height of forty-eight inches shall not be deemed to break the continuity of the deck.

(c) [The term "trunks] "Trunks" as used in the definition of second deck shall be deemed to refer to hatch or ventilation trunka which do not extend longitudinally completely between main tranu. verse bulkheads.

[(d) The term "Secretary" means the Secretary of the Treasury.]

NOTE

This section is based on title 46, U.S.C. 1964 ed., § 83 (Public Law 89-219, § 1, Sept. 29, 1965, 79 Stat. 891).

Changes have been made in phraseology in the introductory clause as required in the context of this act.

The words "The term" have been deleted from subsections (a), (b), and (c) as surplusage.

Subsection (d) has been deleted as surplusage because "Secretary” is defined as "Secretary of the Treasury" in section 101 of this act.

SEC. 408. OPTIONAL METHOD: SPACES OMITTED FROM GROSS TONNAGE. In the measurement of a vessel under [sections 4148, 4151, and 4153 of the Revised Statutes, as amended (46 U.S.C. 71, 75, 77)1 the provisions of this chapter, upon application of the owner and approval by the Secretary, there shall be omitted from inclusion in the gross tonnage

[(a)] (1) those spaces available for the carriage of dry cargo or stores which are located between the uppermost complete deck and the second deck, and other spaces so located which would be omitted from gross tonnage under the provisions of section [4153] 405 of this Act if above the upper deck, provided that a tonnage mark is placed and displayed on the vessel in accordance with the provisions of sections 407 through 412 of this Act, so long as that tonnage mark is not submerged;

[(b)] (2) those spaces which are located on or above the uppermost complete deck and which are available for the carriage of dry cargo or stores, without regard to whether a tonnage mark is placed or displayed on the vessel or, if placed or displayed, without regard to whether that mark is submerged; and

[(c)] (3) those spaces which are located on the uppermost complete deck and which are used for cabins or staterooms, provided that a tonnage mark is placed and displayed on the vessel, so long as that tonnage mark is not submerged.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 83a (Public Law 89-219, 2, Sept. 29, 1965, 79 Stat. 891).

Changes have been made in phraseology as required in the context of this act.

SEC. 409. OPTIONAL METHOD: TONNAGE MARK.-(a) The tonnage mark shall be a horizontal line, upon which shall be placed for identification an inverted equilateral triangle, with its apex on the midpoint