An Act to provide for the measurement of the gross and net tonnages for certain vessels having two or more decks, and for other purposes
PL 89-219 (S.906), enacted 09/29/1965

79 STAT. ] 
PUBLIC LAW 89-219-SEPT. 29, 1965 
891 
Public Law 89-219 
A N A C T 
September 29, 1965 
To provide for the nieasureiiieut of the gross and net tonnages for certain vessels 
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having two or more decks, and for other piiriwses. 
Be it enacted hy the Senate and House of Representatwes 
of the 
United States of America in Conqress a.^sembled. That as used in 
^f^^^eis 
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Gross and net 
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tonnage measure-
(a) The term "uppermost complete deck" means the uppermost ments. 
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 abait 
a transverse watertight bulkhead placed aft of the rudder stock, is 
fitted with permanent means of watertight closing. 
(b) The term "second deck" means the deck next below the upper-
most complete deck which is continuous in a fore-and-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 propel-
ling 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 tfie continuity of the 
deck. 
(c) The term "trunks" as used in the definition of second deck shall 
be deemed to refer to hatch or ventilation trunks which do not extend 
longitudinally completely between main transverse bulkheads. 
(d) The term "Secretary" means the Secretary of the Treasury. 
SEC. 2. In the measurement of a vessel under sections 4148, 4151, Exclusion o
f 
and 4153 of the Eevised Statutes, as amended (46 U.S.C. 71, 75, 77), %"^TJ! ''^'''° 
upon application of the owner and approval by the Secretary, there 
shall be omitted from inclusion in the gross tonnage— 
(a) 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 
if above the upper deck, provided that a tonnage mark is placed 
and displayed on the vessel in accordance with the provisions of 
this Act, so long as that tonnage mark is not submerged; 
(b) 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, with-
out regard to whether that mark is submerged; and 
(c) 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. 
SEO. 3. The tonnage mark shall be a horizontal line, upon which 
Tonnage mark. 
shall be placed for identification an inverted equilateral triangle, with 
its apex on the midpoint of the line. The mark shall be placed and 
displayed on each side of the vessel, subject to such specifications as 
to location and dimensions as are prescribed in regulations issued under 
this Act. 
SEC. 4. No tonnage mark shall be required to be placed or displayed 
Location o
f 
above the statutory summer loadline prescribed in accordance with the '^^''^' 
892 
PUBLIC LAW 89-219-SEPT. 29, 1965 
[79 STAT. 
Submerged ton-
nage mark. 
Measurement 
certificate. 
Regulations by 
Secretary. 
Penalties. 
applicable loadline convention, except that, when a vessel's statutory 
loadline is assigned on the assumption that the second deck is the 
freeboard deck, the tonnage mark may be permitted to be placed and 
displayed on a line level with the uppermost part of the loadline grid. 
SEC. 5. Except when the tonnage mark is placed and disj)layed on 
the vessel at the level prescribed in section 4 hereof, an additional line 
may be added to the tonnage mark, subject to such specifications as to 
location and dimensions as are prescribed in regulations issued under 
this Act. 
SEO. 6. The tonnage mark shall be deemed to be submerged when 
the upper edge of the mark is under water, except that if the vessel is 
marked with the additional line in accordance with section 5 of this 
Act and is in fresh water or in tropical waters the tonnage mark shall 
not be deemed to be submerged unless the upper edge of the additional 
line is under water. 
SEC. 7. In a case in which a vessel measured under this Act and 
other applicable statutes has a tonnage mark placed and displayed 
at a place other than a line level with the uppermost part of the load-
line grid, any measurement certificate or marine document reciting 
tonnages issued to such vessel shall show the gross and net tonnages 
applicable when the tonnage mark is submerged and the gross and 
net tonnages applicable when the mark is not submerged. In any other 
case in which a vessel is measured under this Act and other applicable 
statutes, any measurement certificate or marine document reciting 
tonnages issued to such vessel shall show only one set of gross and net 
tonnages, taking into account all applicable omissions or exemptions. 
SEC. 8. In a case in which an application for omission of spaces is 
filed under section 2 of this Act for a vessel for which a statutory 
loadline is not required and is not assigned, the line of the uppermost 
complete deck shall be marked in the manner specified for marking the 
deck line in the international loadline convention in force. 
SEC. 9. Section 4149 of the Revised Statutes (46 U.S.C. 72) is 
amended to read as follows: 
"SEC. 4149. The Secretaiy of the Treasui-y shall prescribe how 
evidence of admeasurement shall be given.'' 
SEC. 10. Section 4150 of the Revised Statutes (46 U.S.C. 74) is 
amended to read as follows: 
"SEC. 4150. A vessel's marine document shall specify such identi-
fying dimensions, measured in such manner, as the Secretary of the 
Treasury may prescribe." 
SEC. 11. Section 4153 of the Revised Statutes (46 U.S.C. 77) is 
amended by inserting before the first paragraph the following: 
"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." 
SEC. 12. The Secretary shall make such regulations as may be neces-
sary to carry out the provisions of this Act. 
SEC. 13. Any person who makes a false, fictitious, or fraudulent 
statement or representation in any matter in which such statement or 
representation is required to be made to the Secretary in any regula-
tion issued under this Act shall be subject to a penalty of not more than 
$1,000 for each such statement or representation. 
SEC. 14. If any toimage mark required to be placed and displayed 
on a vessel in any reflation issued imder this Act by the Secretary 
is not so placed or displayed or if the mark at any time shall cease 
mitted. 
Demonstration 
program. 
79 STAT. ] 
PUBLIC LAW 89-220-SEPT. 30, 1965 
893 
to be continued on the vessel, such vessel shall be subject to a penalty 
of $30 on every subsequent arrival in a port of the United States. 
SEC. 15. Any penalty incurred under this Act may be remitted or 
p^riaity re. 
mitigated by the i^ecretary under the provisions of section 5294 of the 
K«vised Statutes, as amended (46 U.S.C. 7). 
Approved September 29, 1965. 
Public Law 89-220 
A N A C T 
September 30, 1965 
To authorize the Secretary of Commerce to undertake research and develop- 
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ment in high-speed ground transportation, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress asserribled^ That, consistent ^^undt^'^n^s'^orta 
with the objective of promoting a safe, adequate, economical, and ui^n^tudy!'^^'"^ ^" 
efficient national transportation system, the Secretary of Commerce 
(hereafter in this Act referred to as the "Secretary") is authorized to 
undertake research and development in high-speed ground transpor-
tation, including, but not limited to, components such as materials, 
aerodynamics, vehicle propulsion, vehicle control, communications, 
and guideways. 
SEC. 2. The Secretary is authorized to contract for demonstrations to 
determine the contributions that high-speed ground transportation 
could make to more efficient and economical intercity transportation 
systems. 
Such demonstrations shall be designed to measure and 
evaluate such factors as the public response to new equipment, higher 
speeds, variations in fares, improved comfort and convenience, and 
more frequent service. In connection with contracts for demonstra-
tions under this section, the Secretary shall provide for financial par-
ticipation by private industry to the maximum extent practicable. 
SEC. 3. Nothing in this Act shall be deemed to limit research and 
development carried out under the first section or demonstrations con-
tracted for under section 2 to any particular mode of high-speed 
ground transportation. 
SEO. 4. The Secretary is authorized to collect and collate transpor- ^ 
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data, collection. 
tation data, statistics, and other information which he determines will 
contribute to the improvement of the national transportation system. 
In carrying out this activity, the Secretary shall utilize the data, sta-
tistics, and other information available from Federal agencies and 
other sources of the greatest practicable extent. The data, statistics, 
and other information collected under this section shall be made avail-
able to other Federal agencies and to the public insofar as practicable. 
SEC. 6. (a) There is hereby established in the Department of Com- ^ittt'^'^elt jb"™' 
merce an advisory committee consisting of seven members who shall u'shme'nt^ 
be appointed by the Secretary without regard to the civil service laws. 
The Secretary shall designate one of the members of the Advisory 
Committee as its Chairman. 
Members of the Advisory Committee 
shall be selected from among leading authorities in the field of 
transportation. 
(b) The Advisory Committee shall advise the Secretary with respect 
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to policy matters arising in the administration of this Act, particularly 
with respect to research and development carried out under the first 
section and contracts for demonstrations entered into under section 2. 
SEC. 6. (a) In carrying out the provisions of section 2 of this Act, enf°^'^e" "^^ro'^ 
the Secretary shall provide fair and equitable arrangements, as deter- t^uvr^rrangel 
mined by the Secretary of Labor, to protect the interests of the m^nts.