CHAPTER 700 - PORTS AND WATERWAYS SAFETY
Title 46 > CHAPTER 700
Sections (24)
§ 70001 Vessel traffic services
(a) In General.— Subject to the requirements of section 70004, the Secretary— in any port or place under the jurisdiction of the United States, in the navigable waters of the United States, or in any area covered by an international agreement negotiated pursuant to section 70005, may construct, operate, maintain, improve, or expand vessel traffic services, that consist of measures for controlling or supervising vessel traffic or for protecting navigation and the marine environment and that may include one or more of reporting and operating requirements, surveillance and communications systems, routing systems, and fairways; shall require appropriate vessels that operate in an area of a vessel traffic service to utilize or comply with that service; may require vessels to install and use specified navigation equipment, communications equipment, electronic relative motion analyzer equipment, or any electronic or other device necessary to comply with a vessel traffic service or that is necessary in the interests of vessel safety, except that the Secretary shall not require fishing vessels under 300 gross tons as measured under section 14502, or an alternate tonnage measured under section 14302 as prescribed by the Secretary under section 14104, or recreational vessels 65 feet or less to possess or use the equipment or devices required by this subsection solely under the authority of this chapter; may control vessel traffic in areas subject to the jurisdiction of the United States that the Secretary determines to be hazardous, or under conditions of reduced visibility, adverse weather, vessel congestion, or other hazardous circumstances, by— specifying times of entry, movement, or departure; establishing vessel traffic routing schemes; establishing vessel size, speed, or draft limitations and vessel operating conditions; and restricting operation, in any hazardous area or under hazardous conditions, to vessels that have particular operating characteristics or capabilities that the Secretary considers necessary for safe operation under the circumstances; may require the receipt of prearrival messages from any vessel, destined for a port or place subject to the jurisdiction of the United States, in sufficient time to permit advance vessel traffic planning before port entry, which shall include any information that is not already a matter of record and that the Secretary determines necessary for the control of the vessel and the safety of the port or the marine environment; and may prohibit the use on vessels of electronic or other devices that interfere with communication and navigation equipment, except that such authority shall not apply to electronic or other devices certified to transmit in the maritime services by the Federal Communications Commission and used within the frequency bands 157.1875–157.4375 MHz and 161.7875–162.0375 MHz.
(b) National Policy.— Not later than one year after the date of enactment of this section, the Secretary shall establish a national policy which is inclusive of local variances permitted under subsection (c), to be applied to all vessel traffic service centers and publish such policy in the Federal Register. The Secretary shall periodically update the national policy established under subparagraph (A) and shall publish such update in the Federal Register or on a publicly available website. The national policy established and updated under paragraph (1) shall include, at a minimum, the following: Standardization of titles, roles, and responsibilities for all personnel assigned, working, or employed in a vessel traffic service center. Standardization of organizational structure within vessel traffic service centers, to include supervisory and reporting chain and processes. Establishment of directives for the application of authority provided to each vessel traffic service center, specifically with respect to directing or controlling vessel movement when such action is justified in the interest of safety. Establishment of thresholds and measures for monitoring, informing, recommending, and directing vessel traffic. Establishment of national procedures and protocols for vessel traffic management. Standardization of training for all vessel traffic service directors, operators, and watchstanders. Establishment of certification and competency evaluation for all vessel traffic service directors, operators, and watchstanders. Establishment of standard operating language when communicating with vessel traffic users. Establishment of data collection, storage, management, archiving, and dissemination policies and procedures for vessel incidents and near-miss incidents.
(c) Local Variances.— In this section, the Secretary may provide for such local variances as the Secretary considers appropriate to account for the unique vessel traffic, waterway characteristics, and any additional factors that are appropriate to enhance navigational safety in any area where vessel traffic services are provided. The Captain of the Port covered by a vessel traffic service center may develop and submit to the Secretary regional policies in addition to the national policy established and updated under subsection (b) to account for variances from that national policy with respect to local vessel traffic conditions and volume, geography, water body characteristics, waterway usage, and any additional factors that the Captain considers appropriate. Not later than 180 days after receiving regional policies under paragraph (2)— the Secretary shall review such regional policies; and the Captain of the port concerned shall implement the policies that the Secretary approves. The Secretary shall maintain a central depository for all local variances approved under this section.
(d) Cooperative Agreements.— The Secretary may enter into cooperative agreements with public or private agencies, authorities, associations, institutions, corporations, organizations, or other persons to carry out the functions under subsection (a)(1). With respect to vessel traffic service areas that cross international boundaries, the Secretary may enter into bilateral or cooperative agreements with international partners to jointly carry out the functions under subsection (a)(1) and to jointly manage such areas to collect, share, assess, and analyze information in the possession or control of the international partner. A nongovernmental entity may not under this subsection carry out an inherently governmental function. In this paragraph, the term “inherently governmental function” means any activity that is so intimately related to the public interest as to mandate performance by an officer or employee of the Federal Government, including an activity that requires either the exercise of discretion in applying the authority of the Government or the use of judgment in making a decision for the Government. The Commandant of the Coast Guard shall de-identify information prior to release to the public, including near miss incidents.
(e) Performance Evaluation.— The Secretary shall develop and implement a standard method for evaluating the performance of vessel traffic service centers. The standard method developed and implemented under paragraph (1) shall include, at a minimum, analysis and collection of data with respect to the following within a vessel traffic service area covered by each vessel traffic service center: Volume of vessel traffic, categorized by type of vessel. Total volume of flammable, combustible, or hazardous liquid cargo transported, categorized by vessel type as provided in the Notice of Arrival, if applicable, or as determined by other means. Data on near-miss incidents. Data on marine casualties. Application by vessel traffic operators of traffic management authority during near-miss incidents and marine casualties. Other additional methods as the Secretary considers appropriate. Not later than 1 year after the date of the enactment of this paragraph, and biennially thereafter, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the evaluation conducted under paragraph (1) of the performance of vessel traffic service centers, including— recommendations to improve safety and performance; and data regarding marine casualties and near-miss incidents that have occurred during the period covered by the report.
(f) Risk Assessment Program.— The Secretary shall develop a continuous risk assessment program to evaluate and mitigate safety risks for each vessel traffic service area to improve safety and reduce the risks of oil and hazardous material discharge in navigable waters. The Secretary, in coordination with stakeholders and the public, shall develop a standard method for conducting risk assessments under paragraph (1) that includes the collection and management of all information necessary to identify and analyze potential hazardous navigational trends within a vessel traffic service area. The Secretary shall ensure that a risk assessment conducted under paragraph (1) includes an assessment of the following: Volume of vessel traffic, categorized by type of vessel. Total volume of flammable, combustible, or hazardous liquid cargo transported, categorized by vessel type as provided in the Notice of Arrival, if applicable, or as determined by other means. Data on near-miss events incidents. Data on marine casualties. Geographic locations for near-miss events incidents and marine casualties, including latitude and longitude. Cyclical risk factors such as weather, ice cover, seasonal water body currents, tides, bathymetry, and topography. Weather data and information, in coordination with the Administrator of the National Oceanic and Atmospheric Administration. The Secretary shall retain all information collected under subparagraph (A) and ensure policies and procedures are in place to standardize the format in which that information is retained to facilitate statistical analysis of that information to calculate within a vessel traffic service area, at a minimum, the incident rate, intervention rate, and casualty prevention rate. In accordance with section 552 of title 5 , the Secretary shall make any risk assessments conducted under paragraph (1) and any information collected under paragraph (3)(A) available to the public. The Secretary shall endeavor to coordinate with international partners as described in subsection (d)(2) to enter into agreements to make information collected, shared, and analyzed under that paragraph available to the public. The Commandant of the Coast Guard shall de-identify information prior to release to the public, including near-miss incidents.
(g) Vessel Traffic Service Training.— The Secretary shall develop a comprehensive nationwide training program for all vessel traffic service directors, operators, and watchstanders. The comprehensive nationwide training program under subparagraph (A) and any variances to that program under subsection (c) shall include, at a minimum, the following: Realistic vessel traffic scenarios to the maximum extent practicable that integrate— the national policy developed under subsection (b); international rules under the International Navigational Rules Act of 1977 ( 33 U.S.C. 1601 et seq.); inland navigation rules under part 83 of title 33, Code of Federal Regulations; the application of vessel traffic authority; and communication with vessel traffic service users. Proficiency training with respect to use, interpretation, and integration of available data on vessel traffic service display systems such as radar, and vessel automatic identification system feeds. Practical application of— the international rules under the International Navigational Rules Act of 1977 ( 33 U.S.C. 1601 et seq.); and the inland navigation rules under part 83 of title 33, Code of Federal Regulations. Proficiency training with respect to the operation of radio communications equipment and any other applicable systems necessary to execute vessel traffic service authorities. Incorporation of the Standard Marine Communication Phrases adopted by the International Maritime Organization by resolution on April 4, 2000 , as amended and consolidated, or any successor resolution. Incorporation to the maximum extent possible of guidance and recommendations contained in vessel traffic services operator training, vessel traffic services supervisor training, or other relevant training set forth by the International Association of Marine Aids to Navigation and Lighthouse Authorities. A minimum number of hours of training for an individual to complete before the individual is qualified to fill a vessel traffic services position without supervision. Local area geographic and operational familiarization. Such additional components as the Secretary considers appropriate. The Secretary shall develop a standard competency qualification process to be applied to all personnel assigned, employed, or working in a vessel traffic service center. The competency qualification process developed under subparagraph (A) shall include measurable thresholds for determining proficiency. All personnel assigned, employed, or working in a vessel traffic service center with responsibilities that include communicating, interacting, or directing vessels within a vessel traffic service area, as determined under the national policy developed under subsection (b), shall be required to pass a United States international and inland navigation rules test developed by the Secretary. The Secretary shall determine the content and passing standard for the rules test developed under subparagraph (A). The Secretary shall establish a frequency, not to exceed once every 5 years, for personnel described in subparagraph (A) to be required to pass the rules test developed under such subparagraph.
(h) Research on Vessel Traffic.— The Secretary shall conduct research, in consultation with subject matter experts identified by the Secretary, to develop more effective procedures for monitoring vessel communications on radio frequencies to identify and address unsafe situations in a vessel traffic service area. The Secretary shall consider data collected under subparagraph (A) of subsection (f)(3). The Secretary shall conduct research, in consultation with local stakeholders and subject matter experts identified by the Secretary, to evaluate and determine the feasibility, costs and benefits of representation by professional mariners on the vessel traffic service watchfloor at each vessel traffic service center. The Secretary shall implement representation by professional mariners on the vessel traffic service watchfloor at those vessel traffic service centers for which it is determined feasible and beneficial pursuant to research conducted under subparagraph (A).
(i) Inclusion of Identification System on Certain Vessels.— The National Navigation Safety Advisory Committee shall advise and provide recommendations to the Secretary on matters relating to the practicability, economic costs, regulatory burden, and navigational impact of outfitting vessels lacking independent means of propulsion that carry flammable, combustible, or hazardous liquid cargo with vessel automatic identification systems. Based on the evaluation under paragraph (1), the Secretary shall prescribe such regulations as the Secretary considers appropriate to establish requirements relating to the outfitting of vessels described in such subparagraph with vessel automatic identification systems.
(j) Periodic Review of Vessel Traffic Service Needs.— Based on the performance evaluation conducted under subsection (e) and the risk assessment conducted under subsection (f), the Secretary shall periodically review vessel traffic service areas to determine— if there are any additional vessel traffic service needs in those areas; and if a vessel traffic service area should be moved or modified. The Secretary shall ensure that a review conducted under paragraph (1) includes an assessment of the following: Volume of vessel traffic, categorized by type of vessel. Total volume of flammable, combustible, or hazardous liquid cargo transported, categorized by vessel type as provided in the Notice of Arrival, if applicable, or as determined by other means. Data on near miss incidents. Data on marine casualties. Geographic locations for near-miss incidents and marine casualties, including latitude and longitude. Cyclical risk factors such as weather, ice cover, seasonal water body currents, tides, bathymetry, and topography. Weather data and information, in coordination with the Administrator of the National Oceanic and Atmospheric Administration. In conducting the periodic reviews under paragraph (1), the Secretary shall seek input from port and waterway stakeholders to identify areas of increased vessel conflicts or marine casualties that could benefit from the use of routing measures or vessel traffic service special areas to improve safety, port security, and environmental protection. The Commandant of the Coast Guard shall de-identify information prior to release to the public, including near miss incidents.
(k) Limitation of Liability for Coast Guard Vessel Traffic Service Pilots and Non-Federal Vessel Traffic Service Operators.— Any pilot, acting in the course and scope of his or her duties while at a Coast Guard Vessel Traffic Service Center, who provides information, advice, or communication assistance while under the supervision of a Coast Guard officer, member, or employee shall not be liable for damages caused by or related to such assistance unless the acts or omissions of such pilot constitute gross negligence or willful misconduct. An entity operating a non-Federal vessel traffic information service or advisory service pursuant to a duly executed written agreement with the Coast Guard, and any pilot acting on behalf of such entity, is not liable for damages caused by or related to information, advice, or communication assistance provided by such entity or pilot while so operating or acting unless the acts or omissions of such entity or pilot constitute gross negligence or willful misconduct.
(l) The regulations required under section 109(a) of the Security and Accountability For Every Port Act of 2006 ( 46 U.S.C. 70001 note) dealing with notice of arrival requirements for foreign vessels on the Outer Continental Shelf shall not apply to a vessel documented under section 12105 unless the vessel arrives from a foreign port or place.
(m) Existing Authority.— Nothing in this section shall be construed to alter the existing authorities of the Secretary to enhance navigation, vessel safety, marine environmental protection, and to ensure safety and preservation of life and property at sea.
(n) Definitions.— In this section: The term “hazardous liquid cargo” has the meaning given that term in regulations prescribed under section 5103 of title 49 . The term “marine casualty” has the meaning given that term in regulations prescribed under section 6101(a). The term “vessel traffic service area” means an area specified in subpart C of part 161 of title 33, Code of Federal Regulations, or any successor regulation. The term “vessel traffic service center” means a center for the provision of vessel traffic services in a vessel traffic service area. The term “near miss incident” means any occurrence or series of occurrences having the same origin, involving one or more vessels, facilities, or any combination thereof, resulting in the substantial threat of a marine casualty. The term “de-identified” means the process by which all information that is likely to establish the identity of the specific persons or entities noted in the reports, data, or other information is removed from the reports, data, or other information.
§ 70002 Special powers
The Secretary may order any vessel, in a port or place subject to the jurisdiction of the United States or in the navigable waters of the United States, to operate or anchor in a manner the Secretary directs if— the Secretary has reasonable cause to believe such vessel does not comply with any regulation issued under section 70034 or any other applicable law or treaty; the Secretary determines such vessel does not satisfy the conditions for port entry set forth in section 70021 or 70022 of this title; or by reason of weather, visibility, sea conditions, port congestion, other hazardous circumstances, or the condition of such vessel, the Secretary is satisfied such direction is justified in the interest of safety. (Added Pub. L. 115–282, title IV, § 401(a) , Dec. 4, 2018 , 132 Stat. 4255 ; amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8508(2)(A), Jan. 1, 2021 , 134 Stat. 4755 .)
§ 70003 Port access routes
(a) Authority To Designate.— Except as provided in subsection (b) and subject to the requirements of subsection (c), in order to provide safe access routes for the movement of vessel traffic proceeding to or from ports or places subject to the jurisdiction of the United States, the Secretary shall designate necessary fairways and traffic separation schemes for vessels operating in the territorial sea of the United States and in high seas approaches, outside the territorial sea, to such ports or places. Such a designation shall recognize, within the designated area, the paramount right of navigation over all other uses.
(b) Limitation.— No designation may be made by the Secretary under this section if— the Secretary determines such a designation, as implemented, would deprive any person of the effective exercise of a right granted by a lease or permit executed or issued under other applicable provisions of law; and such right has become vested before the time of publication of the notice required by paragraph (1) of subsection (c). The Secretary shall make the determination under paragraph (1)(A) after consultation with the head of the agency responsible for executing the lease or issuing the permit.
(c) Consideration of Other Uses.— Before making a designation under subsection (a), and in accordance with the requirements of section 70004, the Secretary shall— undertake a study of the potential traffic density and the need for safe access routes for vessels in any area for which fairways or traffic separation schemes are proposed or that may otherwise be considered and publish notice of such undertaking in the Federal Register; in consultation with the Secretary of State, the Secretary of the Interior, the Secretary of Commerce, the Secretary of the Army, and the Governors of affected States, as their responsibilities may require, take into account all other uses of the area under consideration, including, as appropriate, the exploration for, or exploitation of, oil, gas, or other mineral resources, the construction or operation of deepwater ports or other structures on or above the seabed or subsoil of the submerged lands or the Outer Continental Shelf of the United States, the establishment or operation of marine or estuarine sanctuaries, and activities involving recreational or commercial fishing; and to the extent practicable, reconcile the need for safe access routes with the needs of all other reasonable uses of the area involved.
(d) Study.— In carrying out the Secretary’s responsibilities under subsection (c), the Secretary shall— proceed expeditiously to complete any study undertaken; and after completion of such a study, promptly— issue a notice of proposed rulemaking for the designation contemplated; or publish in the Federal Register a notice that no designation is contemplated as a result of the study and the reason for such determination.
(e) Implementation of Designation.— In connection with a designation made under this section, the Secretary— shall issue reasonable rules and regulations governing the use of such designated areas, including rules and regulations regarding the applicability of rules 9 and 10 of the International Regulations for Preventing Collisions at Sea, 1972, relating to narrow channels and traffic separation schemes, respectively, in waters where such regulations apply; to the extent that the Secretary finds reasonable and necessary to effectuate the purposes of the designation, make the use of designated fairways and traffic separation schemes mandatory for specific types and sizes of vessels, foreign and domestic, operating in the territorial sea of the United States and for specific types and sizes of vessels of the United States operating on the high seas beyond the territorial sea of the United States; may, from time to time, as necessary, adjust the location or limits of designated fairways or traffic separation schemes in order to accommodate the needs of other uses that cannot be reasonably accommodated otherwise, except that such an adjustment may not, in the judgment of the Secretary, unacceptably adversely affect the purpose for which the existing designation was made and the need for which continues; and shall, through appropriate channels— notify cognizant international organizations of any designation, or adjustment thereof; and take action to seek the cooperation of foreign States in making it mandatory for vessels under their control to use, to the same extent as required by the Secretary for vessels of the United States, any fairway or traffic separation scheme designated under this section in any area of the high seas.
§ 70004 Considerations by Secretary
In carrying out the duties of the Secretary under sections 70001, 70002, and 70003, the Secretary shall— take into account all relevant factors concerning navigation and vessel safety, protection of the marine environment, and the safety and security of United States ports and waterways, including— the scope and degree of the risk or hazard involved; vessel traffic characteristics and trends, including traffic volume, the sizes and types of vessels involved, potential interference with the flow of commercial traffic, the presence of any unusual cargoes, and other similar factors; port and waterway configurations and variations in local conditions of geography, climate, and other similar factors; the need for granting exemptions for the installation and use of equipment or devices for use with vessel traffic services for certain classes of small vessels, such as self-propelled fishing vessels and recreational vessels; the proximity of fishing grounds, oil and gas drilling and production operations, or any other potential or actual conflicting activity; environmental factors; economic impact and effects; existing vessel traffic services; and local practices and customs, including voluntary arrangements and agreements within the maritime community; and at the earliest possible time, consult with and receive and consider the views of representatives of the maritime community, ports and harbor authorities or associations, environmental groups, and other persons who may be affected by the proposed actions. (Added Pub. L. 115–282, title IV, § 401(a) , Dec. 4, 2018 , 132 Stat. 4257 .)
§ 70005 International agreements
(a) Transmittal of Regulations.— The Secretary shall transmit, via the Secretary of State, to appropriate international bodies or forums, any regulations issued under this subchapter, for consideration as international standards.
(b) Agreements.— The President is authorized and encouraged to— enter into negotiations and conclude and execute agreements with neighboring nations, to establish compatible vessel standards and vessel traffic services, and to establish, operate, and maintain international vessel traffic services, in areas and under circumstances of mutual concern; and enter into negotiations, through appropriate international bodies, and conclude and execute agreements to establish vessel traffic services in appropriate areas of the high seas.
(c) Operations.— The Secretary, pursuant to any agreement negotiated under subsection (b) that is binding upon the United States in accordance with constitutional requirements, may— require vessels operating in an area of a vessel traffic service to utilize or to comply with the vessel traffic service, including the carrying or installation of equipment and devices as necessary for the use of the service; and waive, by order or regulation, the application of any United States law or regulation concerning the design, construction, operation, equipment, personnel qualifications, and manning standards for vessels operating in waters over which the United States exercises jurisdiction if such vessel is not en route to or from a United States port or place, and if vessels en route to or from a United States port or place are accorded equivalent waivers of laws and regulations of the neighboring nation, when operating in waters over which that nation exercises jurisdiction.
(d) Ship Reporting Systems.— The Secretary, in cooperation with the International Maritime Organization, may implement and enforce two mandatory ship reporting systems, consistent with international law, with respect to vessels subject to such reporting systems entering the following areas of the Atlantic Ocean: Cape Cod Bay, Massachusetts Bay, and Great South Channel (in the area generally bounded by a line starting from a point on Cape Ann, Massachusetts at 42 deg. 39′ N., 70 deg. 37′ W; then northeast to 42 deg. 45′ N., 70 deg. 13′ W; then southeast to 42 deg. 10′ N., 68 deg. 31′ W, then south to 41 deg. 00′ N., 68 deg. 31′ W; then west to 41 deg. 00′ N., 69 deg. 17′ W; then northeast to 42 deg. 05′ N., 70 deg. 02′ W, then west to 42 deg. 04′ N., 70 deg. 10′ W; and then along the Massachusetts shoreline of Cape Cod Bay and Massachusetts Bay back to the point on Cape Ann at 42 deg. 39′ N., 70 deg. 37′ W). In the coastal waters of the Southeastern United States within about 25 nm along a 90 nm stretch of the Atlantic seaboard (in an area generally extending from the shoreline east to longitude 80 deg. 51.6′ W with the southern and northern boundary at latitudes 30 deg. 00′ N., 31 deg. 27′ N., respectively).
§ 70006 Establishment by Secretary of the department in which the Coast Guard is operating of anchorage grounds and regulations generally
(a) In General.— The Secretary of Homeland Security is authorized, empowered, and directed to define and establish anchorage grounds for vessels in all harbors, rivers, bays, and other navigable waters of the United States whenever it is manifest to the said Secretary that the maritime or commercial interests of the United States require such anchorage grounds for safe navigation and the establishment of such anchorage grounds shall have been recommended by the Chief of Engineers, and to adopt suitable rules and regulations in relation thereto; and such rules and regulations shall be enforced by the Coast Guard under the direction of the Secretary of Transportation: Provided , That at ports or places where there is no Coast Guard vessel available such rules and regulations may be enforced by the Chief of Engineers under the direction of the Secretary of Homeland Security. In the event of the violation of any such rules and regulations by the owner, master, or person in charge of any vessel, such owner, master, or person in charge of such vessel shall be liable to a penalty of up to $10,000. Each day during which a violation continues shall constitute a separate violation. The said vessel may be holden for the payment of such penalty, and may be seized and proceeded against summarily by libel for the recovery of the same in any United States district court for the district within which such vessel may be and in the name of the officer designated by the Secretary of Homeland Security.
(b) Definition.— As used in this section “navigable waters of the United States” includes all waters of the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988 .
§ 70007 Anchorage grounds
(a) Anchorage Grounds.— The Secretary of the department in which the Coast Guard is operating shall define and establish anchorage grounds in the navigable waters of the United States for vessels operating in such waters. In carrying out paragraph (1), the Secretary shall take into account all relevant factors concerning navigational safety, protection of the marine environment, proximity to undersea pipelines and cables, safe and efficient use of Marine Transportation System, and national security.
(b) Vessel Requirements.— Vessels, of certain sizes or type determined by the Secretary, shall— set and maintain an anchor alarm for the duration of an anchorage; comply with any directions or orders issued by the Captain of the Port; and comply with any applicable anchorage regulations.
(c) Prohibitions.— A vessel may not— anchor in any Federal navigation channel unless authorized or directed to by the Captain of the Port; anchor in near proximity, within distances determined by the Coast Guard, to an undersea pipeline or cable, unless authorized or directed to by the Captain of the Port; and anchor or remain anchored in an anchorage ground during any period in which the Captain of the Port orders closure of the anchorage ground due to inclement weather, navigational hazard, a threat to the environment, or other safety or security concern.
(d) Safety Exception.— Nothing in this section shall be construed to prevent a vessel from taking actions necessary to maintain the safety of the vessel or to prevent the loss of life or property.
§ 70011 Waterfront safety
(a) In General.— The Secretary may take such action as is necessary to— prevent damage to, or the destruction of, any bridge or other structure on or in the navigable waters of the United States, or any land structure or shore area immediately adjacent to such waters, including damage or destruction resulting from cyber incidents, transnational organized crime, or foreign state threats; and protect the navigable waters and the resources therein from harm resulting from vessel or structure damage, destruction, or loss or harm resulting from cyber incidents, transnational organized crime, or foreign state threats.
(b) Actions Authorized.— Actions authorized by subsection (a) include— establishing procedures, measures, and standards for the handling, loading, unloading, storage, stowage, and movement on a structure (including the emergency removal, control, and disposition) of explosives or other dangerous articles and substances, including oil or hazardous material as those terms are defined in section 2101; prescribing minimum safety equipment requirements for a structure to assure adequate protection from fire, explosion, natural disaster, and other serious accidents or casualties; establishing water or waterfront safety zones, or other measures, for limited, controlled, or conditional access and activity when necessary for the protection of any vessel, structure, waters, or shore area; establishing procedures for examination to assure compliance with the requirements prescribed under this section; and prohibiting a representative of a government of country that the Secretary of State has determined has repeatedly provided support for acts of international terrorism under section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ) from visiting a facility for which a facility security plan is required under section 70103(c).
(c) State Law.— Nothing in this section, with respect to structures, prohibits a State or political subdivision thereof from prescribing higher safety equipment requirements or safety standards than those that may be prescribed by regulations under this section.
§ 70012 Navigational hazards
(a) Reporting Procedure.— The Secretary shall establish a program to encourage fishermen and other vessel operators to report potential or existing navigational hazards involving pipelines to the Secretary through Coast Guard field offices.
(b) Secretary’s Response.— Upon notification by the operator of a pipeline of a hazard to navigation with respect to that pipeline, the Secretary shall immediately notify Coast Guard headquarters, the Pipeline and Hazardous Materials Safety Administration, other affected Federal and State agencies, and vessel owners and operators in the pipeline’s vicinity. Upon notification by any other person of a hazard or potential hazard to navigation with respect to a pipeline, the Secretary shall promptly determine whether a hazard exists, and if so shall immediately notify Coast Guard headquarters, the Pipeline and Hazardous Materials Safety Administration, other affected Federal and State agencies, vessel owners and operators in the pipeline’s vicinity, and the owner and operator of the pipeline.
(c) Pipeline Defined.— For purposes of this section, the term “pipeline” has the meaning given the term “pipeline facility” in section 60101(a)(18) of title 49 .
§ 70013 Requirement to notify Coast Guard of release of objects into the navigable waters of the United States
(a) Requirement.— As soon as a person has knowledge of any release from a vessel or facility into the navigable waters of the United States of any object that creates an obstruction prohibited under section 10 of the Act of March 3, 1899 , popularly known as the Rivers and Harbors Appropriations Act of 1899 ( 33 U.S.C. 403 ), such person shall notify the Secretary and the Secretary of the Army of such release.
(b) Restriction on Use of Notification.— Any notification provided by an individual in accordance with subsection (a) may not be used against such individual in any criminal case, except a prosecution for perjury or for giving a false statement.
§ 70014 Aiming laser pointer at vessel
(a) Prohibition.— It shall be unlawful to cause the beam of a laser pointer to strike a vessel operating on the navigable waters of the United States.
(b) Exceptions.— This section shall not apply to a member or element of the Department of Defense or Department of Homeland Security acting in an official capacity for the purpose of research, development, operations, testing, or training.
(c) Laser Pointer Defined.— In this section the term “laser pointer” means any device designed or used to amplify electromagnetic radiation by stimulated emission that emits a beam designed to be used by the operator as a pointer or highlighter to indicate, mark, or identify a specific position, place, item, or object.
§ 70021 Conditions for entry to ports in the United States
(a) In General.— No vessel that is subject to chapter 37 shall operate in the navigable waters of the United States or transfer cargo or residue in any port or place under the jurisdiction of the United States, if such vessel— has a history of accidents, pollution incidents, or serious repair problems that, as determined by the Secretary, creates reason to believe that such vessel may be unsafe or may create a threat to the marine environment; fails to comply with any applicable regulation issued under section 70034, chapter 37, or any other applicable law or treaty; discharges oil or hazardous material in violation of any law of the United States or in a manner or quantities inconsistent with any treaty to which the United States is a party; does not comply with any applicable vessel traffic service requirements; is manned by one or more officers who are licensed by a certificating State that the Secretary has determined, pursuant to section 9101 of title 46 , does not have standards for licensing and certification of seafarers that are comparable to or more stringent than United States standards or international standards that are accepted by the United States; is not manned in compliance with manning levels as determined by the Secretary to be necessary to insure the safe navigation of the vessel; or while underway, does not have at least one licensed deck officer on the navigation bridge who is capable of clearly understanding English.
(b) Exceptions.— The Secretary may allow provisional entry of a vessel that is not in compliance with subsection (a), if the owner or operator of such vessel proves, to the satisfaction of the Secretary, that such vessel is not unsafe or a threat to the marine environment, and if such entry is necessary for the safety of the vessel or persons aboard. Paragraphs (1), (2), (3), and (4) of subsection (a) of this section shall not apply to a vessel allowed provisional entry under paragraph (1) if the owner or operator of such vessel proves, to the satisfaction of the Secretary, that such vessel is no longer unsafe or a threat to the marine environment, and is no longer in violation of any applicable law, treaty, regulation, or condition, as appropriate.
§ 70022 Prohibition on entry and operation
(a) Prohibition.— Except as otherwise provided in this section, no vessel described in subsection (b) may enter or operate in the navigable waters of the United States or transfer cargo in any port or place under the jurisdiction of the United States. The prohibition under paragraph (1) shall not apply with respect to— a vessel described in subsection (b)(1), if the Secretary of State determines that— the vessel is owned or operated by or on behalf of a country the government of which the Secretary of State determines is closely cooperating with the United States with respect to implementing the applicable United Nations Security Council resolutions (as such term is defined in section 3 of the North Korea Sanctions and Policy Enhancement Act of 2016); or it is in the national security interest not to apply the prohibition to such vessel; or a vessel described in subsection (b)(2), if the Secretary of State determines that the vessel is no longer registered as described in that subsection. Not later than 15 days after making a determination under subparagraph (A), the Secretary of State shall submit to the Committee on Foreign Affairs and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Foreign Relations and the Committee on Commerce, Science, and Transportation of the Senate written notice of the determination and the basis upon which the determination was made. The Secretary of State shall publish a notice in the Federal Register of each determination made under subparagraph (A).
(b) Vessels Described.— A vessel referred to in subsection (a) is a foreign vessel for which a notice of arrival is required to be filed under section 70001(a)(5), and that— is on the most recent list of vessels published in the Federal Register under subsection (c)(2); or more than 180 days after the publication of such list, is knowingly registered, pursuant to the 1958 Convention on the High Seas entered into force on September 30, 1962 , by a government the agents or instrumentalities of which are maintaining a registration of a vessel that is included on such list.
(c) Information and Publication.— The Secretary of the department in which the Coast Guard is operating, with the concurrence of the Secretary of State, shall— maintain timely information on the registrations of all foreign vessels over 300 gross tons that are known to be— owned or operated by or on behalf of the Government of North Korea or a North Korean person; owned or operated by or on behalf of any country in which a sea port is located, the operator of which the President has identified in the most recent report submitted under section 205(a)(1)(A) of the North Korea Sanctions and Policy Enhancement Act of 2016; or owned or operated by or on behalf of any country identified by the President as a country that has not complied with the applicable United Nations Security Council resolutions (as such term is defined in section 3 of such Act); and periodically publish in the Federal Register a list of the vessels described in paragraph (1).
(d) Notification of Governments.— The Secretary of State shall notify each government, the agents or instrumentalities of which are maintaining a registration of a foreign vessel that is included on a list published under subsection (c)(2), not later than 30 days after such publication, that all vessels registered under such government’s authority are subject to subsection (a). In the case of a government that continues to maintain a registration for a vessel that is included on such list after receiving an initial notification under paragraph (1), the Secretary shall issue an additional notification to such government not later than 120 days after the publication of a list under subsection (c)(2).
(e) Notification of Vessels.— Upon receiving a notice of arrival under section 70001(a)(5) from a vessel described in subsection (b), the Secretary of the department in which the Coast Guard is operating shall notify the master of such vessel that the vessel may not enter or operate in the navigable waters of the United States or transfer cargo in any port or place under the jurisdiction of the United States, unless— the Secretary of State has made a determination under subsection (a)(2); or the Secretary of the department in which the Coast Guard is operating allows provisional entry of the vessel, or transfer of cargo from the vessel, under subsection (f).
(f) Provisional Entry or Cargo Transfer.— Notwithstanding any other provision of this section, the Secretary of the department in which the Coast Guard is operating may allow provisional entry of, or transfer of cargo from, a vessel, if such entry or transfer is necessary for the safety of the vessel or persons aboard.
(g) Right of Innocent Passage and Right of Transit Passage.— This section shall not be construed as authority to restrict the right of innocent passage or the right of transit passage as recognized under international law.
§ 70031 Definitions
As used in subchapters I through III and this subchapter, unless the context otherwise requires: The term “marine environment” means— the navigable waters of the United States and the land and resources therein and thereunder; the waters and fishery resources of any area over which the United States asserts exclusive fishery management authority; the seabed and subsoil of the Outer Continental Shelf of the United States, the resources thereof, and the waters superjacent thereto; and the recreational, economic, and scenic values of such waters and resources. The term “Secretary” means the Secretary of the department in which the Coast Guard is operating, except that such term means the Secretary of Transportation with respect to the application of this chapter to the Saint Lawrence Seaway. The term “navigable waters of the United States” includes all waters of the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988 . (Added Pub. L. 115–282, title IV, § 401(a) , Dec. 4, 2018 , 132 Stat. 4261 ; amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8507(a)(4), Jan. 1, 2021 , 134 Stat. 4753 .)
§ 70032 Delegation of ports and waterways authorities in Saint Lawrence Seaway
(a) In General.— Except as provided in subsection (b), the authority granted to the Secretary under sections 70001, 70002, 70003, 70004, and 70011 may not be delegated with respect to the Saint Lawrence Seaway to any agency other than the Great Lakes St. Lawrence Seaway Development Corporation. Any other authority granted the Secretary under subchapters I through III and this subchapter shall be delegated by the Secretary to the Great Lakes St. Lawrence Seaway Development Corporation to the extent the Secretary determines such delegation is necessary for the proper operation of the Saint Lawrence Seaway.
(b) Exception.— The Secretary of the department in which the Coast Guard is operating, after consultation with the Secretary or the head of an agency to which the Secretary has delegated the authorities in subsection (a), may— issue and enforce special orders in accordance with section 70002; establish water or waterfront safety zones, or other measures, for limited, controlled, or conditional access and activity when necessary for the protection of any vessel structure, waters, or shore area, as permitted in section 70011(b)(3); and take actions for port, harbor, and coastal facility security in accordance with section 70116.
§ 70033 Limitation on application to foreign vessels
Except pursuant to international treaty, convention, or agreement, to which the United States is a party, subchapters I through III and this subchapter shall not apply to any foreign vessel that is not destined for, or departing from, a port or place subject to the jurisdiction of the United States and that is in— innocent passage through the territorial sea of the United States; or transit through the navigable waters of the United States that form a part of an international strait. (Added Pub. L. 115–282, title IV, § 401(a) , Dec. 4, 2018 , 132 Stat. 4261 ; amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8507(a)(6), Jan. 1, 2021 , 134 Stat. 4753 .)
§ 70034 Regulations
(a) In General.— In accordance with section 553 of title 5 , the Secretary shall issue, and may from time to time amend or repeal, regulations necessary to implement subchapters I through III and this subchapter.
(b) Consultation.— In the exercise of the regulatory authority under subchapters I through III and this subchapter, the Secretary shall consult with, and receive and consider the views of all interested persons, including— interested Federal departments and agencies; officials of State and local governments; representatives of the maritime community; representatives of port and harbor authorities or associations; representatives of environmental groups; any other interested persons who are knowledgeable or experienced in dealing with problems involving vessel safety, port and waterways safety, and protection of the marine environment; and advisory committees consisting of all interested segments of the public when the establishment of such committees is considered necessary because the issues involved are highly complex or controversial.
§ 70035 Investigatory powers
(a) Secretary.— The Secretary may investigate any incident, accident, or act involving the loss or destruction of, or damage to, any structure subject to subchapters I through III and this subchapter, or that affects or may affect the safety or environmental quality of the ports, harbors, or navigable waters of the United States.
(b) Powers.— In an investigation under this section, the Secretary may issue subpoenas to require the attendance of witnesses and the production of documents or other evidence relating to such incident, accident, or act. If any person refuses to obey a subpoena, the Secretary may request the Attorney General to invoke the aid of the appropriate district court of the United States to compel compliance with the subpoena. Any district court of the United States may, in the case of refusal to obey a subpoena, issue an order requiring compliance with the subpoena, and failure to obey the order may be punished by the court as contempt. Witnesses may be paid fees for travel and attendance at rates not exceeding those allowed in a district court of the United States.
§ 70036 Enforcement
(a) Civil Penalty.— Any person who is found by the Secretary, after notice and an opportunity for a hearing, to have violated subchapters I through III or this subchapter or a regulation issued under subchapters I through III or this subchapter shall be liable to the United States for a civil penalty, not to exceed $25,000 for each violation. Each day of a continuing violation shall constitute a separate violation. The amount of such civil penalty shall be assessed by the Secretary, or the Secretary’s designee, by written notice. In determining the amount of such penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require. The Secretary may compromise, modify, or remit, with or without conditions, any civil penalty that is subject to imposition or that has been imposed under this section. If any person fails to pay an assessment of a civil penalty after it has become final, the Secretary may refer the matter to the Attorney General of the United States, for collection in any appropriate district court of the United States.
(b) Criminal Penalty.— Any person who willfully and knowingly violates subchapters I through III or this subchapter or any regulation issued thereunder commits a class D felony. Any person who, in the willful and knowing violation of subchapters I through III or this subchapter or of any regulation issued thereunder, uses a dangerous weapon, or engages in conduct that causes bodily injury or fear of imminent bodily injury to any officer authorized to enforce the provisions of such a subchapter or the regulations issued under such subchapter, commits a class C felony.
(c) In Rem Liability.— Any vessel that is used in violation of subchapters I, II, or III or this subchapter, or any regulations issued under such subchapter, shall be liable in rem for any civil penalty assessed pursuant to subsection (a) and may be proceeded against in the United States district court for any district in which such vessel may be found.
(d) Injunction.— The United States district courts shall have jurisdiction to restrain violations of subchapter I, II, or III or this subchapter or of regulations issued under such subchapter, for cause shown.
(e) Denial of Entry.— Except as provided in section 70021 or 70022, the Secretary may, subject to recognized principles of international law, deny entry by any vessel that is not in compliance with subchapter I, II, or III or this subchapter or the regulations issued under such subchapter— into the navigable waters of the United States; or to any port or place under the jurisdiction of the United States.
(f) Withholding of Clearance.— If any owner, operator, or individual in charge of a vessel is liable for a penalty or fine under this section, or if reasonable cause exists to believe that the owner, operator, or individual in charge may be subject to a penalty or fine under this section, the Secretary of the Treasury, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance required by section 60105 of title 46 . Clearance refused or revoked under this subsection may be granted upon filing of a bond or other surety satisfactory to the Secretary.
§ 70041 Regattas and marine parades
(a) In General.— The Commandant of the Coast Guard may issue regulations to promote the safety of life on navigable waters during regattas or marine parades.
(b) Detail and Use of Vessels.— To enforce regulations issued under this section— the Commandant may detail any public vessel in the service of the Coast Guard and make use of any private vessel tendered gratuitously for that purpose; and upon the request of the Commandant, the head of any other Federal department or agency may enforce the regulations by means of any public vessel of such department and any private vessel tendered gratuitously for that purpose.
(c) Transfer of Authority.— The authority of the Commandant under this section may be transferred by the President for any special occasion to the head of another Federal department or agency whenever in the President’s judgment such transfer is desirable.
(d) Penalties.— For any violation of regulations issued pursuant to this section the following penalties shall be incurred: A licensed officer shall be liable to suspension or revocation of license in the manner prescribed by law for incompetency or misconduct. Any person in charge of the navigation of a vessel other than a licensed officer shall be liable to a penalty of 5,000, unless the violation of regulations occurred without the owner’s knowledge. Any other person shall be liable to a penalty of $2,500. The Commandant may mitigate or remit any penalty provided for in this subsection in the manner prescribed by law for the mitigation or remission of penalties for violation of the navigation laws.
§ 70051 Regulation of anchorage and movement of vessels during national emergency
Whenever the President by proclamation or Executive order declares a national emergency to exist by reason of actual or threatened war, insurrection, or invasion, or disturbance or threatened disturbance of the international relations of the United States, or whenever the Attorney General determines that an actual or anticipated mass migration of aliens en route to, or arriving off the coast of, the United States presents urgent circumstances requiring an immediate Federal response, the Secretary of the department in which the Coast Guard is operating may make, subject to the approval of the President, rules and regulations governing the anchorage and movement of any vessel, foreign or domestic, in the territorial waters of the United States, may inspect such vessel at any time, place guards thereon, and, if necessary in his opinion in order to secure such vessels from damage or injury, or to prevent damage or injury to any harbor or waters of the United States, or to secure the observance of the rights and obligations of the United States, may take, by and with the consent of the President, for such purposes, full possession and control of such vessel and remove therefrom the officers and crew thereof and all other persons not specially authorized by him to go or remain on board thereof. Whenever the President finds that the security of the United States is endangered by reason of actual or threatened war, or invasion, or insurrection, or subversive activity, or cyber incidents, or transnational organized crime, or foreign state threats, or of disturbances or threatened disturbances of the international relations of the United States, the President is authorized to institute such measures and issue such rules and regulations— (a) to govern the anchorage and movement of any foreign-flag vessels in the territorial waters of the United States, to inspect such vessels at any time, to place guards thereon, and, if necessary in his opinion in order to secure such vessels from damage or injury, or to prevent damage or injury to any harbor or waters of the United States, or to secure the observance of rights and obligations of the United States, may take for such purposes full possession and control of such vessels and remove therefrom the officers and crew thereof, and all other persons not especially authorized by him to go or remain on board thereof; (b) to safeguard against destruction, loss, or injury from sabotage or other subversive acts, accidents, or other causes of similar nature, vessels, harbors, ports, and waterfront facilities in the United States and all territory and water, continental or insular, subject to the jurisdiction of the United States. The President may delegate the authority to issue such rules and regulations to the Secretary of the department in which the Coast Guard is operating. Any appropriation available to any of the Executive Departments shall be available to carry out the provisions of this subchapter. (Added Pub. L. 115–282, title IV, § 407(b)(5) , Dec. 4, 2018 , 132 Stat. 4267 ; amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8507(a)(10), Jan. 1, 2021 , 134 Stat. 4753 ; Pub. L. 119–60, div. G, title LXXIII, § 7321(f) , Dec. 18, 2025 , 139 Stat. 1767 .)
§ 70052 Seizure and forfeiture of vessel; fine and imprisonment
(a) In General.— If any owner, agent, master, officer, or person in charge, or any member of the crew of any such vessel fails to comply with any regulation or rule issued or order given under the provisions of this subchapter, or obstructs or interferes with the exercise of any power conferred by this subchapter, the vessel, together with her tackle, apparel, furniture, and equipment, shall be subject to seizure and forfeiture to the United States in the same manner as merchandise is forfeited for violation of the customs revenue laws; and the person guilty of such failure, obstruction, or interference shall be punished by imprisonment for not more than ten years and may, in the discretion of the court, be fined not more than $10,000.
(b) Application to Others.— If any other person knowingly fails to comply with any regulation or rule issued or order given under the provisions of this subchapter, or knowingly obstructs or interferes with the exercise of any power conferred by this subchapter, he shall be punished by imprisonment for not more than ten years and may, at the discretion of the court, be fined not more than $10,000.
(c) Civil Penalty.— A person violating this subchapter, or a regulation prescribed under this subchapter, shall be liable to the United States Government for a civil penalty of not more than $25,000 for each violation. Each day of a continuing violation shall constitute a separate violation.
(d) In Rem Liability.— Any vessel that is used in violation of this subchapter, or of any regulation issued under this subchapter, shall be liable in rem for any civil penalty assessed pursuant to subsection (c) and may be proceeded against in the United States district court for any district in which such vessel may be found.
(e) Withholding of Clearance.— If any owner, agent, master, officer, or person in charge of a vessel is liable for a penalty or fine under subsection (c), or if reasonable cause exists to believe that the owner, agent, master, officer, or person in charge may be subject to a penalty or fine under this section, the Secretary of the department in which the Coast Guard is operating may, with respect to such vessel, refuse or revoke any clearance required by section 60105. The Secretary of the department in which the Coast Guard is operating may require the filing of a bond or other surety as a condition of granting clearance refused or revoked under this subsection.
§ 70053 Enforcement provisions
The President may employ such departments, agencies, officers, or instrumentalities of the United States as he may deem necessary to carry out this subchapter. (Added Pub. L. 115–282, title IV, § 407(d)(3) , Dec. 4, 2018 , 132 Stat. 4267 .)
§ 70054 Definitions
In this subchapter: The term “United States” includes all territory and waters, continental or insular, subject to the jurisdiction of the United States. The term “territorial waters of the United States” includes all waters of the territorial sea of the United States as described in Presidential Proclamation 5928 of December 27, 1988 . (Added Pub. L. 115–282, title IV, § 407(a) , Dec. 4, 2018 , 132 Stat. 4266 .)