Statutory Authorization

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[Laws in effect as of January 3, 2005]
[Document not affected by Public Laws enacted between
January 3, 2005 and February 2, 2007]
[CITE: 46USC70114]

TITLE 46--SHIPPING
Subtitle VI--Miscellaneous
CHAPTER 701--PORT SECURITY
Sec. 70114. Automatic identification systems
(a) System Requirements.--(1) Subject to paragraph (2), the
following vessels, while operating on the navigable waters of the United
States, shall be equipped with and operate an automatic identification
system under regulations prescribed by the Secretary:
(A) A self-propelled commercial vessel of at least 65 feet
overall in length.
(B) A vessel carrying more than a number of passengers for hire
determined by the Secretary.
(C) A towing vessel of more than 26 feet overall in length and
600 horsepower.
(D) Any other vessel for which the Secretary decides that an
automatic identification system is necessary for the safe navigation
of the vessel.
(2) The Secretary may-(A) exempt a vessel from paragraph (1) if the Secretary finds
that an automatic identification system is not necessary for the
safe navigation of the vessel on the waters on which the vessel
operates; and
(B) waive the application of paragraph (1) with respect to
operation of vessels on navigable waters of the United States
specified by the Secretary if the Secretary finds that automatic
identification systems are not needed for safe navigation on those
waters.
(b) Regulations.--The Secretary shall prescribe regulations
implementing subsection (a), including requirements for the operation
and maintenance of the automatic identification systems required under
subsection (a).
(Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116 Stat.
2082.)

Effective Date
Pub. L. 107-295, title I, Sec. 102(e), Nov. 25, 2002, 116 Stat.
2084, provided that:
``(1) Schedule.--Section 70114 of title 46, United States Code, as
enacted by this Act, shall apply as follows:
``(A) On and after January 1, 2003, to any vessel built after
that date.
``(B) On and after July 1, 2003, to any vessel built before the
date referred to in subparagraph (A) that is-``(i) a passenger vessel required to carry a certificate
under the International Convention for the Safety of Life at
Sea, 1974 (SOLAS) [see 33 U.S.C. 1602 and notes thereunder];

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``(ii) a tanker; or
``(iii) a towing vessel engaged in moving a tank vessel.
``(C) On and after December 31, 2004, to all other vessels built
before the date referred to in subparagraph (A).
``(2) Definition.--The terms in this subsection have the same
meaning as those terms have under section 2101 of title 46, United
States Code.''

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WAIS Document Retrieval

Page 1 of 1

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 3, 2005]
[Document not affected by Public Laws enacted between
January 3, 2005 and February 2, 2007]
[CITE: 46USC70115]

TITLE 46--SHIPPING
Subtitle VI--Miscellaneous
CHAPTER 701--PORT SECURITY
Sec. 70115. Long-range vessel tracking system
The Secretary shall, consistent with international treaties,
conventions, and agreements to which the United States is a party,
develop and implement a long-range automated vessel tracking system for
all vessels in United States waters that are equipped with the Global
Maritime Distress and Safety System or equivalent satellite technology.
The system shall be designed to provide the Secretary the capability of
receiving information on vessel positions at interval positions
appropriate to deter transportation security incidents. The Secretary
may use existing maritime organizations to collect and monitor tracking
information under the system.
(Added Pub. L. 107-295, title I, Sec. 102(a), Nov. 25, 2002, 116 Stat.
2083; amended Pub. L. 108-293, title VIII, Sec. 803(b), Aug. 9, 2004,
118 Stat. 1080.)

Amendments
2004--Pub. L. 108-293, in first sentence, substituted ``shall,
consistent with international treaties, conventions, and agreements to
which the United States is a party,'' for ``may''.

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