§76. Repealed. Pub. L. 89-476, § 2(a), June 29, 1966, 80 Stat. 230

Section, R.S. § 4152, limited the application of sections relating to the measurement of vessels to vessels required by law to be registered, enrolled, or licensed.

EFFECTIVE DATE OF REPEAL

Repeal of section effective upon the expiration of ninety days after June 29, 1966, see section 3 of Pub. L. 89-476, set out as an Effective Date of 1966 Amendment note under section 71 of this title.

877. Tonnage

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.

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, to be ascertained as follows: 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:

TABLE OF CLASSES

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.

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, divide each depth into 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 onethird 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.

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 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.

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 accommodation of passen

of sails: Provided, That spaces deducted shall be certified by the collector 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.

(g) 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 propelling-machinery 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 propelling-machinery 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.

(h) 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.

(i) 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 the 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 onehalf of 1 percent 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.

(j) On a request in writing to the Commissioner of Customs 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 not 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 can not be used for any purpose other than the machinery or for the admission of light and air to the machinery or boilers of the ship.

But the outstanding registers or enrollments of vessels of the United States shall not be rendered void by the addition of such new statement of her tonnage, unless voluntarily surrendered; but the same may be added to the outstanding document or by an appendix thereto, with a certificate of a collector of customs that the original estimate of tonnage is amended.

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 certified by the collector to be not available for the carriage of cargo, stores, or fuel, then the depth of the vessel shall be taken to be 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 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 Commissioner of Customs, are authorized to attach to the register of such vessel an appendix stating separately, for use in foreign ports, the measurements 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.

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.

(R.S. §4153; Aug. 5, 1882, ch. 398, § 1, 22 Stat. 300; June 19, 1886, ch. 421, § 5, 24 Stat. 81; Mar. 2, 1895, ch. 173, § 1, 28 Stat. 741; Feb. 14, 1903, ch. 552, § 10, 32 Stat. 829; Feb. 6, 1909, ch. 82, §§ 1, 2, 35 Stat. 613; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; June 30, 1932, ch. 314, §§ 501, 502(b), 47 Stat. 415; May 27, 1936, ch. 463, § 1, 49 Stat. 1380; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; June 4, 1956, ch. 352, §§ 1, 2, 70 Stat. 227; Aug. 14, 1958, Pub. L. 85-654, 72 Stat. 611; Sept. 29, 1965, Pub. L. 89-219, § 11, 79 Stat. 892; June 26, 1966, Pub. L. 89-476, § 2(b), 80 Stat. 230; Dec. 18, 1974, Pub. L. 93-524, §§ 1, 2, 88 Stat. 1694.)

CODIFICATION

The section, as enacted in the Revised Statutes, contained all the provisions preceding the paragraph beginning "From the gross tonnage of every vessel of the United States there shall be deducted,” etc., and in addition thereto the following paragraph:

"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 the deck, each separately. In every registered United States vessel the number denoting the total registered tonnage shall be deeply carved or otherwise permanently marked on her main beam, and shall be so continued; and if it at any time cease to be so continued, such vessel shall no longer be recognized as a registered vessel of the United States."

The amendment of the section by Act Aug. 5, 1882, consisted in inserting, before the paragraph above quoted, the following:

"That from the gross tonnage of every vessel of the United States there shall be deducted the tonnage of the spaces or compartments occupied by or appropriated to the use of the crew of the vessel, but the deduction for crew-space shall not, in any case, exceed five per centum of the gross tonnage. And in every such vessel propelled by steam or other power requiring engineroom there shall also be deducted from the gross tonnage of the vessel the tonnage of the space or spaces actually occupied by or required to be inclosed for the proper working of the boilers and machinery, including the shaft trunk or alley in screw-steamers, with the addition in the case of vessels propelled with paddle-wheels of fifty per centum, and in the case of vessels propelled by screws of seventy-five per centum of the tonnage of such space, but in no case shall the deductions from the gross tonnage exceed fifty per centum of such tonnage; and the proper deductions from the gross tonnage having been made, the remainder shall be deemed the net or register tonnage of such vessels. That the register or other official certificate of the tonnage or nationality of a vessel of the United States in addition to what is now 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. But the outstanding registers or enrollments of vessels of the United States shall not be rendered void by the addition of such new statement of her tonnage, unless voluntarily surrendered, but the same may be added to the outstanding document, or by an appendix thereto, with a certificate of a collector of customs that the original estimate of tonnage is amended."

The amendment by act June 19, 1886, consisted in striking out from the paragraph first quoted the last sentence thereof, and substituting therefor the following: "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 thirty dollars on every arrival in a port of the United States if she

have not her net tonnage number legally carved or permanently marked."

The amendment by act Mar. 2, 1895, consisted in amending the section, as amended by Act Aug. 5, 1882, ch. 398, § 1, to read substantially as set forth here, beginning with the words, "That from the gross tonnage of every vessel of the United States there shall be deducted," etc., and ending with the words, "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," with the exception of the clause appearing in the text after paragraph (i), beginning with the words, "The cubical contents of the hatchway shall be obtained by multiplying the length and breadth together," etc., which was inserted as an amendment by section 1 of act Feb. 6, 1909, and also the clause appearing in the second sentence of the third paragraph of paragraph (j) beginning with the words, "From the gross tonnage there shall be deducted any other space adapted only for water ballast," etc., which was also inserted as an amendment by section 2 of act Feb. 6, 1909.

The provisions of this section, as amended by act Mar. 2, 1895, authorizing collectors of customs to attach to the registers of American vessels in foreign trade appendices 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, superseded similar provisions of act Jan. 21, 1895, ch. 38, 28 Stat. 636.

R.S. § 4153 derived from act May 6, 1864, ch. 83, § 3, 13 Stat. 70, 72.

AMENDMENTS

1974-Subsec. (e). Pub. L. 93-524, § 1, added subsec. (e). Former subsec. (e) redesignated (f).

Subsecs. (f) to (j). Pub. L. 93-524, § 2, redesignated former subsecs. (e) to (i) as (f) to (j), respectively.

1966-Subsec. (i). Pub. L. 89-476 struck out provisions that the proper deduction from gross tonnage having been made, the remainder is deemed the net or register tonnage of such vessels, requiring the register or other official certificate of the tonnage or nationality of a vessel of the United States to state separately the deductions made from the gross tonnage and the net or register tonnage of the vessel, and requiring the statement, each separately, in the register of vessels of the number of decks and the tonnage under the tonnage deck, above the tonnage deck, and of the poop or other enclosed spaces above the deck.

1965-Pub. L. 89-219 inserted the provisions specifying the deck which is to be deemed the tonnage deck in vessels and requiring all measurements to be taken in feet and decimal fractions of feet.

1958-Subsec. (i). Pub. L. 85-654 inserted "(other than ballast water for use for underwater drilling, mining, and related purposes, including production)" in the fifth paragraph.

1956-Subsec. (f). Act June 4, 1956, § 1, provided deduction for screw-propelled vessels of thirty-two thirteenths times the tonnage of the propelling-machinery space where such space is not more than 13 percent of the gross tonnage, but allowing owners of vessels under construction before June 4, 1956, to elect deduction of one and three-fourths the tonnage of the propelling-machinery space, provided for a deduction of 32 percent of the gross tonnage of the vessel or one and three-fourths times the tonnage of the space where such space is 20 percent or more of the gross tonnage, and eliminated references to paddle-propelled vessels.

Subsec. (g). Act June 4, 1956, § 2, permitted deduction for paddle-propelled vessels of thirty-seven twentieths times the tonnage of the propelling-machinery space where such space is not more than 20 percent of the gross tonnage, but allowing owners of vessel under construction before June 4, 1956, to elect deduction of one and one-half times the tonnage of the propelling