§ 69.27 Delegation of authority to measure vessels. ( a ) Under 46 U.S.C. 14103, the Coast Guard is authorized to delegate to a “qualified person” the authority to measure and certify U.S. flag vessels under this part.
( b ) Authority to measure and certify U.S. flag vessels under the Convention Measurement System and Standard and Dual Regulatory Measurement Systems may be delegated to an organization that— ( 1 ) Is a full member of the International Association of Classification Societies (IACS);
( 2 ) Is incorporated under the laws of the United States, a State of the United States, or the District of Columbia;
( 3 ) In lieu of the requirements in paragraphs (b)(1) and (2) of this section, is a recognized classification society under the requirements of 46 CFR part 8.
( 4 ) Is capable of providing all measurement services under the Convention Measurement System and Standard and Dual Regulatory Measurement Systems for vessels domestically and internationally;
( 5 ) Maintains a tonnage measurement staff that has practical experience in measuring U.S. flag vessels under the Convention Measurement System and Standard and Dual Regulatory Measurement Systems; and
( 6 ) Enters into a written agreement, as described in paragraph (d) of this section.
( c ) Applications for delegation of authority under this section must be forwarded to the Commandant and include the following information on the organization: ( 1 ) Its name and address.
( 2 ) Its organizational rules and structure.
( 3 ) The location of its offices that are available to provide measurement services under the Convention Measurement System and Standard and Dual Regulatory Measurement Systems.
( 4 ) The name, qualifications, experience, and job title of each full-time or part-time employee or independent contractor specifically designated by the organization to provide measurement services under theConvention Measurement System and Standard and Dual Regulatory Measurement Systems.
( 5 ) Its tonnage measurement training procedures.
( d ) If, after reviewing the application, the Coast Guard determines that the organization is qualified to measure and certify U.S. vessels on behalf of the Coast Guard, the organization must enter into a written agreement with the Coast Guard which— ( 1 ) Defines the procedures for administering and implementing the tonnage measurement and certification processes, including the roles and responsibilities of each party;
( 2 ) Outlines the Coast Guard's oversight role;
( 3 ) Prohibits the organization from using an employee or contractor of the organization to measure and certify the tonnage of a vessel if that employee or contractor is acting or has acted as a tonnage consultant for that same vessel; and
( 4 ) Requires the organization to— ( i ) Accept all requests to perform delegated services without discrimination and without regard to the vessel's location, unless prohibited from doing so under the laws of the United States or under the laws of the jurisdiction in which the vessel is located;
( ii ) Physically inspect each vessel before issuing a tonnage certificate;
( iii ) Provide the Coast Guard with current schedules of measurement fees and related charges;
( iv ) Maintain a tonnage measurement file for each U.S. vessel that the organization measures and permit access to the file by any person authorized by the Commandant;
( v ) Permit observer status representation by the Coast Guard at all formal discussions that may take place between the organization and other vessel tonnage measurement organizations pertaining to tonnage measurement of U.S. vessels or to the systems under which U.S. vessels are measured;
( vi ) Comply with and apply all laws and regulations relating to tonnage measurement of U.S. vessels within the scope of authority delegated; and
( vii ) Comply with all other provisions, if any, of the written agreement.
[CGD 87-015b, 54 FR 37657, Sept. 12, 1989, as amended by CGD 97-057, 62 FR 51045, Sept. 30, 1997; CGD 95-010, 62 FR 67536, Dec. 24, 1997; USCG-2011-0522, 81 FR 18721, Mar. 31, 2016]