Statutory Authority

§ 1509

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

copy of the application to the Governor of each
adjacent coastal State. The Secretary shall not
issue a license without the approval of the Governor of each adjacent coastal State. If the Governor fails to transmit his approval or disapproval to the Secretary not later than 45 days
after the last public hearing on applications for
a particular application area, such approval
shall be conclusively presumed. If the Governor
notifies the Secretary that an application,
which would otherwise be approved pursuant to
this paragraph, is inconsistent with State programs relating to environmental protection,
land and water use, and coastal zone management, the Secretary shall condition the license
granted so as to make it consistent with such
State programs.
(2) Any other interested State shall have the
opportunity to make its views known to, and
shall be given full consideration by, the Secretary regarding the location, construction, and
operation of a deepwater port.
(c) Reasonable progress toward development of
coastal zone management program; planning
grants
The Secretary shall not issue a license unless
the adjacent coastal State to which the deepwater port is to be directly connected by pipeline has developed, or is making, at the time the
application is submitted, reasonable progress toward developing an approved coastal zone management program pursuant to the Coastal Zone
Management Act of 1972 [16 U.S.C. 1451 et seq.]
in the area to be directly and primarily impacted by land and water development in the
coastal zone resulting from such deepwater port.
For the purposes of this chapter, a State shall be
considered to be making reasonable progress if
it is receiving a planning grant pursuant to section 305 of the Coastal Zone Management Act [16
U.S.C. 1454].
(d) State agreements or compacts
The consent of Congress is given to two or
more coastal States to negotiate and enter into
agreements or compacts, not in conflict with
any law or treaty of the United States, (1) to
apply for a license for the ownership, construction, and operation of a deepwater port or for
the transfer of such license, and (2) to establish
such agencies, joint or otherwise, as are deemed
necessary or appropriate for implementing and
carrying out the provisions of any such agreement or compact. Such agreement or compact
shall be binding and obligatory upon any State
or party thereto without further approval by
Congress.

Page 538

§ 1509. Marine environmental protection and
navigational safety
(a) Regulations and procedures
Subject to recognized principles of international law and the provision of adequate opportunities for public involvement, the Secretary shall prescribe and enforce procedures, either by regulation (for basic standards and conditions) or by the licensee’s operations manual,
with respect to rules governing vessel movement, loading and unloading procedures, designation and marking of anchorage areas, maintenance, law enforcement, and the equipment,
training, and maintenance required (A) to prevent pollution of the marine environment, (B) to
clean up any pollutants which may be discharged, and (C) to otherwise prevent or minimize any adverse impact from the construction
and operation of such deepwater port.
(b) Safety of property and life; regulations
The Secretary shall issue and enforce regulations with respect to lights and other warning
devices, safety equipment, and other matters relating to the promotion of safety of life and
property in any deepwater port and the waters
adjacent thereto.
(c) Marking of components; payment of cost
The Secretary shall mark, for the protection
of navigation, any component of a deepwater
port whenever the licensee fails to mark such
component in accordance with applicable regulations. The licensee shall pay the cost of such
marking.
(d) Safety zones; designation; construction period; permitted activities
(1) Subject to recognized principles of international law and after consultation with the
Secretary of the Interior, the Secretary of Commerce, the Secretary of State, and the Secretary
of Defense, the Secretary shall designate a zone
of appropriate size around and including any
deepwater port for the purpose of navigational
safety. In such zone, no installations, structures, or uses will be permitted that are incompatible with the operation of the deepwater
port. The Secretary shall by regulation define
permitted activities within such zone. The Secretary shall, not later than 30 days after publication of notice pursuant to section 1504(c) of
this title, designate such safety zone with respect to any proposed deepwater port.
(2) In addition to any other regulations, the
Secretary is authorized, in accordance with this
subsection, to establish a safety zone to be effective during the period of construction of a deepwater port and to issue rules and regulations relating thereto.

REFERENCES IN TEXT

(Pub. L. 93–627, § 10, Jan. 3, 1975, 88 Stat. 2137;
Pub. L. 104–324, title V, § 508, Oct. 19, 1996, 110
Stat. 3927.)

The Coastal Zone Management Act of 1972, referred to
in subsec. (c), is title III of Pub. L. 89–454 as added by
Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1280, as amended,
which is classified generally to chapter 33 (§ 1451 et seq.)
of Title 16, Conservation. For complete classification of
this Act to the Code, see Short Title note set out under
section 1451 of Title 16, and Tables.

1996—Subsec. (a). Pub. L. 104–324, § 507(a), inserted
‘‘and the provision of adequate opportunities for public
involvement’’ after ‘‘international law’’ and substituted ‘‘shall prescribe and enforce procedures, either
by regulation (for basic standards and conditions) or by
the licensee’s operations manual, with respect to’’ for

(Pub. L. 93–627, § 9, Jan. 3, 1975, 88 Stat. 2136.)

AMENDMENTS

Page 539

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

‘‘shall prescribe by regulation and enforce procedures
with respect to any deepwater port, including, but not
limited to,’’.

§ 1510. International agreements
The Secretary of State, in consultation with
the Secretary, shall seek effective international
action and cooperation in support of the policy
and purposes of this chapter and may formulate,
present, or support specific proposals in the
United Nations and other competent international organizations for the development of
appropriate international rules and regulations
relative to the construction, ownership, and operation of deepwater ports, with particular regard for measures that assure protection of such
facilities as well as the promotion of navigational safety in the vicinity thereof.
(Pub. L. 93–627, § 11, Jan. 3, 1975, 88 Stat. 2138.)
§ 1511. Suspension or termination of licenses
(a) Proceedings by Attorney General; venue; conditions subsequent
Whenever a licensee fails to comply with any
applicable provision of this chapter, or any applicable rule, regulation, restriction, or condition issued or imposed by the Secretary under
the authority of this chapter, the Attorney General, at the request of the Secretary, may file an
appropriate action in the United States district
court nearest to the location of the proposed or
actual deepwater port, as the case may be, or in
the district in which the licensee resides or may
be found, to—
(1) suspend the license; or
(2) if such failure is knowing and continues
for a period of thirty days after the Secretary
mails notification of such failure by registered
letter to the licensee at his record post office
address, revoke such license.
No proceeding under this subsection is necessary
if the license, by its terms, provides for automatic suspension or termination upon the occurrence of a fixed or agreed upon condition,
event, or time.
(b) Public health or safety; danger to environment; completion of proceedings
If the Secretary determines that immediate
suspension of the construction or operation of a
deepwater port or any component thereof is necessary to protect public health or safety or to
eliminate imminent and substantial danger to
the environment, he shall order the licensee to
cease or alter such construction or operation
pending the completion of a judicial proceeding
pursuant to subsection (a) of this section.
(Pub. L. 93–627, § 12, Jan. 3, 1975, 88 Stat. 2138.)
CODIFICATION
In subsec. (a), ‘‘chapter’’ substituted for ‘‘title’’ to
conform to other substitutions for ‘‘Act’’ and as reflecting intent of Congress manifest throughout Pub. L.
93–627 in the use of the term ‘‘Act’’.

§ 1512. Recordkeeping and inspection
(a) Regulations; regulations under other provisions unaffected
Each licensee shall establish and maintain
such records, make such reports, and provide

§ 1513

such information as the Secretary, after consultation with other interested Federal departments and agencies, shall by regulation prescribe to carry out the provision of this chapter.
Such regulations shall not amend, contradict or
duplicate regulations established pursuant to
part I of the Interstate Commerce Act or any
other law. Each licensee shall submit such reports and shall make such records and information available as the Secretary may request.
(b) Access to deepwater ports in enforcement
proceedings and execution of official duties;
inspections and tests; notification of results
All United States officials, including those officials responsible for the implementation and
enforcement of United States laws applicable to
a deepwater port, shall at all times be afforded
reasonable access to a deepwater port licensed
under this chapter for the purpose of enforcing
laws under their jurisdiction or otherwise carrying out their responsibilities. Each such official
may inspect, at reasonable times, records, files,
papers, processes, controls, and facilities and
may test any feature of a deep water port. Each
inspection shall be conducted with reasonable
promptness, and such licensee shall be notified
of the results of such inspection.
(Pub. L. 93–627, § 13, Jan. 3, 1975, 88 Stat. 2139.)
REFERENCES IN TEXT
The Interstate Commerce Act, referred to in subsec.
(a), is act Feb. 4, 1887, ch. 104, 24 Stat. 379, as amended.
Part I of the Act, which was classified to chapter 1 (§ 1
et seq.) of former Title 49, Transportation, was repealed
by Pub. L. 95-473, § 4(b), Oct. 17, 1978, 92 Stat. 1467, the
first section of which enacted subtitle IV (§ 10101 et
seq.) of Title 49. For distribution of former sections of
Title 49 into the revised Title 49, see Table at the beginning of Title 49.

§ 1513. Public access to information
(a) Inspection of copies; reproduction costs; protected information
Copies of any communication, document, report, or information transmitted between any
official of the Federal Government and any person concerning a deepwater port (other than
contracts referred to in section 1504(c)(2)(B) of
this title) shall be made available to the public
for inspection, and shall be available for the purpose of reproduction at a reasonable cost, to the
public upon identifiable request, unless such information may not be publicly released under
the terms of subsection (b) of this section. Except as provided in subsection (b) of this section,
nothing contained in this section shall be construed to require the release of any information
of the kind described in subsection (b) of section
552 of title 5 or which is otherwise protected by
law from disclosure to the public.
(b) Information disclosure prohibition; confidentiality of certain disclosures
The Secretary shall not disclose information
obtained by him under this chapter that concerns or relates to a trade secret, referred to in
section 1905 of title 18, or to a contract referred
to in section 1504(c)(2)(B) of this title, except
that such information may be disclosed, in a
manner which is designed to maintain confidentiality—

Page 303

Economic Zone of the United States established by
Proclamation 5030 of March 10, 1983 [16 U.S.C. 1453
note]; or
(c) impairs the determination, in accordance with
international law, of any maritime boundary of the
United States with a foreign jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my
hand this second day of September, in the year of our
Lord nineteen hundred and ninety-nine, and of the
Independence of the United States of America the two
hundred and twenty-fourth.
WILLIAM J. CLINTON.

§ 1332. Congressional declaration of policy
It is hereby declared to be the policy of the
United States that—
(1) the subsoil and seabed of the outer Continental Shelf appertain to the United States
and are subject to its jurisdiction, control, and
power of disposition as provided in this subchapter;
(2) this subchapter shall be construed in such
a manner that the character of the waters
above the outer Continental Shelf as high seas
and the right to navigation and fishing therein
shall not be affected;
(3) the outer Continental Shelf is a vital national resource reserve held by the Federal
Government for the public, which should be
made available for expeditious and orderly development, subject to environmental safeguards, in a manner which is consistent with
the maintenance of competition and other national needs;
(4) since exploration, development, and production of the minerals of the outer Continental Shelf will have significant impacts on
coastal and non-coastal areas of the coastal
States, and on other affected States, and, in
recognition of the national interest in the effective management of the marine, coastal,
and human environments—
(A) such States and their affected local
governments may require assistance in protecting their coastal zones and other affected areas from any temporary or permanent adverse effects of such impacts;
(B) the distribution of a portion of the receipts from the leasing of mineral resources
of the outer Continental Shelf adjacent to
State lands, as provided under section 1337(g)
of this title, will provide affected coastal
States and localities with funds which may
be used for the mitigation of adverse economic and environmental effects related to
the development of such resources; and
(C) such States, and through such States,
affected local governments, are entitled to
an opportunity to participate, to the extent
consistent with the national interest, in the
policy and planning decisions made by the
Federal Government relating to exploration
for, and development and production of,
minerals of the outer Continental Shelf.1
(5) the rights and responsibilities of all
States and, where appropriate, local governments, to preserve and protect their marine,
human, and coastal environments through
such means as regulation of land, air, and
1 So

§ 1333

TITLE 43—PUBLIC LANDS

in original. The period probably should be a semicolon.

water uses, of safety, and of related development and activity should be considered and
recognized; and
(6) operations in the outer Continental Shelf
should be conducted in a safe manner by welltrained personnel using technology, precautions, and techniques sufficient to prevent
or minimize the likelihood of blowouts, loss of
well control, fires, spillages, physical obstruction to other users of the waters or subsoil and
seabed, or other occurrences which may cause
damage to the environment or to property, or
endanger life or health.
(Aug. 7, 1953, ch. 345, § 3, 67 Stat. 462; Pub. L.
95–372, title II, § 202, Sept. 18, 1978, 92 Stat. 634;
Pub. L. 99–272, title VIII, § 8002, Apr. 7, 1986, 100
Stat. 148.)
AMENDMENTS
1986—Par. (4)(B), (C). Pub. L. 99–272 added subpar. (B)
and redesignated former subpar. (B) as (C).
1978—Pub. L. 95–372 redesignated subsecs. (a) and (b)
as pars. (1) and (2) and added pars. (3) to (6).

§ 1333. Laws and regulations governing lands
(a) Constitution and United States laws; laws of
adjacent States; publication of projected
State lines; international boundary disputes;
restriction on State taxation and jurisdiction
(1) The Constitution and laws and civil and political jurisdiction of the United States are extended to the subsoil and seabed of the outer
Continental Shelf and to all artificial islands,
and all installations and other devices permanently or temporarily attached to the seabed,
which may be erected thereon for the purpose of
exploring for, developing, or producing resources
therefrom, or any such installation or other device (other than a ship or vessel) for the purpose
of transporting such resources, to the same extent as if the outer Continental Shelf were an
area of exclusive Federal jurisdiction located
within a State: Provided, however, That mineral
leases on the outer Continental Shelf shall be
maintained or issued only under the provisions
of this subchapter.
(2)(A) To the extent that they are applicable
and not inconsistent with this subchapter or
with other Federal laws and regulations of the
Secretary now in effect or hereafter adopted, the
civil and criminal laws of each adjacent State,
now in effect or hereafter adopted, amended, or
repealed are declared to be the law of the United
States for that portion of the subsoil and seabed
of the outer Continental Shelf, and artificial islands and fixed structures erected thereon,
which would be within the area of the State if
its boundaries were extended seaward to the
outer margin of the outer Continental Shelf, and
the President shall determine and publish in the
Federal Register such projected lines extending
seaward and defining each such area. All of such
applicable laws shall be administered and enforced by the appropriate officers and courts of
the United States. State taxation laws shall not
apply to the outer Continental Shelf.
(B) Within one year after September 18, 1978,
the President shall establish procedures for
setting 1 any outstanding international bound1 So

in original. Probably should be ‘‘settling’’.

§ 1333

TITLE 43—PUBLIC LANDS

ary dispute respecting the outer Continental
Shelf.
(3) The provisions of this section for adoption
of State law as the law of the United States
shall never be interpreted as a basis for claiming
any interest in or jurisdiction on behalf of any
State for any purpose over the seabed and subsoil of the outer Continental Shelf, or the property and natural resources thereof or the revenues therefrom.
(b) Longshore and Harbor Workers’ Compensation Act applicable; definitions
With respect to disability or death of an employee resulting from any injury occurring as
the result of operations conducted on the outer
Continental Shelf for the purpose of exploring
for, developing, removing, or transporting by
pipeline the natural resources, or involving
rights to the natural resources, of the subsoil
and seabed of the outer Continental Shelf, compensation shall be payable under the provisions
of the Longshore and Harbor Workers’ Compensation Act [33 U.S.C. 901 et seq.]. For the purposes of the extension of the provisions of the
Longshore and Harbor Workers’ Compensation
Act under this section—
(1) the term ‘‘employee’’ does not include a
master or member of a crew of any vessel, or
an officer or employee of the United States or
any agency thereof or of any State or foreign
government, or of any political subdivision
thereof;
(2) the term ‘‘employer’’ means an employer
any of whose employees are employed in such
operations; and
(3) the term ‘‘United States’’ when used in a
geographical sense includes the outer Continental Shelf and artificial islands and fixed
structures thereon.
(c) National Labor Relations Act applicable
For the purposes of the National Labor Relations Act, as amended [29 U.S.C. 151 et seq.], any
unfair labor practice, as defined in such Act, occurring upon any artificial island, installation,
or other device referred to in subsection (a) of
this section shall be deemed to have occurred
within the judicial district of the State, the
laws of which apply to such artificial island, installation, or other device pursuant to such subsection, except that until the President determines the areas within which such State laws
are applicable, the judicial district shall be that
of the State nearest the place of location of such
artificial island, installation, or other device.
(d) Coast Guard regulations; marking of artificial islands, installations, and other devices;
failure of owner suitably to mark according
to regulations
(1) The Secretary of the Department in which
the Coast Guard is operating shall have authority to promulgate and enforce such reasonable
regulations with respect to lights and other
warning devices, safety equipment, and other
matters relating to the promotion of safety of
life and property on the artificial islands, installations, and other devices referred to in subsection (a) of this section or on the waters adjacent thereto, as he may deem necessary.
(2) The Secretary of the Department in which
the Coast Guard is operating may mark for the

Page 304

protection of navigation any artificial island,
installation, or other device referred to in subsection (a) of this section whenever the owner
has failed suitably to mark such island, installation, or other device in accordance with regulations issued under this subchapter, and the
owner shall pay the cost of such marking.
(e) Authority of Secretary of the Army to prevent
obstruction to navigation
The authority of the Secretary of the Army to
prevent obstruction to navigation in the navigable waters of the United States is extended to
the artificial islands, installations, and other
devices referred to in subsection (a) of this section.
(f) Provisions as nonexclusive
The specific application by this section of certain provisions of law to the subsoil and seabed
of the outer Continental Shelf and the artificial
islands, installations, and other devices referred
to in subsection (a) of this section or to acts or
offenses occurring or committed thereon shall
not give rise to any inference that the application to such islands and structures, acts, or offenses of any other provision of law is not intended.
(Aug. 7, 1953, ch. 345, § 4, 67 Stat. 462; Pub. L.
93–627, § 19(f), Jan. 3, 1975, 88 Stat. 2146; Pub. L.
95–372, title II, § 203, Sept. 18, 1978, 92 Stat. 635;
Pub. L. 98–426, § 27(d)(2), Sept. 28, 1984, 98 Stat.
1654.)
REFERENCES IN TEXT
The Longshore and Harbor Workers’ Compensation
Act, referred to in subsec. (b), is act Mar. 4, 1927, ch.
509, 44 Stat. 1424, as amended, which is classified generally to chapter 18 (§ 901 et seq.) of Title 33, Navigation
and Navigable Waters. For complete classification of
this Act to the Code, see section 901 of Title 33 and
Tables.
The National Labor Relations Act, as amended, referred to in subsec. (c), is act July 5, 1935, ch. 372, 49
Stat. 449, as amended, which is classified generally to
subchapter II (§ 151 et seq.) of chapter 7 of Title 29,
Labor. For complete classification of this Act to the
Code, see section 167 of Title 29 and Tables.
AMENDMENTS
1984—Subsec. (b). Pub. L. 98–426 substituted ‘‘Longshore and Harbor Workers’ Compensation Act’’ for
‘‘Longshoremen’s and Harbor Workers’ Compensation
Act’’.
1978—Subsec. (a)(1). Pub. L. 95–372, § 203(a), substituted ‘‘, and all installations and other devices permanently or temporarily attached to the seabed, which
may be erected thereon for the purpose of exploring for,
developing, or producing resources therefrom, or any
such installation or other device (other than a ship or
vessel) for the purpose of transporting such resources,’’
for ‘‘and fixed structures which may be erected thereon
for the purpose of exploring for, developing, removing,
and transporting resources therefrom,’’.
Subsec. (a)(2). Pub. L. 95–372, § 203(b), designated existing provisions as subpar. (A) and added subpar. (B).
Subsec. (b). Pub. L. 95–372, § 203(c), (h), redesignated
subsec. (c) as (b) and substituted ‘‘conducted on the
outer Continental Shelf for the purpose of exploring
for, developing, removing, or transporting by pipeline
the natural resources, or involving rights to the natural resources, of the subsoil and seabed of the outer
Continental Shelf,’’ for ‘‘described in subsection (b) of
this section,’’. Former subsec. (b), relating to the jurisdiction of United States district courts over cases and

Page 305

TITLE 43—PUBLIC LANDS

controversies arising out of or in connection with operations conducted on the outer Continental Shelf, was
struck out. See section 1349(b) of this title.
Subsec. (c). Pub. L. 95–372, § 203(d), (h), redesignated
subsec. (d) as (c) and substituted ‘‘artificial island, installation, or other device referred to in subsection (a)
of this section shall be deemed to have occurred within
the judicial district of the State, the laws of which
apply to such artificial island, installation, or other device pursuant to such subsection, except that until the
President determines the areas within such State laws
are applicable, the judicial district shall be that of the
State nearest the place of location of such artificial island, installation, or other device’’ for ‘‘artificial island or fixed structure referred to in subsection (a) of
this section shall be deemed to have occurred within
the judicial district of the adjacent State nearest the
place of location of such island or structure’’. Former
subsec. (c) redesignated (b).
Subsec. (d)(1). Pub. L. 95–372, § 203(e)(1), (f), (h), redesignated subsec. (e)(1) as (d)(1), substituted ‘‘Secretary’’
for ‘‘head’’ and ‘‘artificial islands, installations, and
other devices’’ for ‘‘islands and structures’’. Former
subsec. (d) redesignated (c).
Subsec. (d)(2). Pub. L. 95–372, § 203(g), (h), redesignated
subsec. (e)(2) as (d)(2) and substituted ‘‘Secretary’’ for
‘‘head’’ and ‘‘artificial island, installation, or other device referred to in subsection (a) of this section whenever the owner has failed suitably to mark such island,
installation, or other device in accordance with regulations issued under this subchapter, and the owner shall
pay the cost of such marking’’ for ‘‘such island or
structure whenever the owner has failed suitably to
mark the same in accordance with regulations issued
hereunder, and the owner shall pay the cost thereof’’,
and struck out provisions which had made failure or refusal to obey any lawful rules and regulations a misdemeanor punishable by a fine of not more than $100,
with each day during which such a violation would continue to be deemed a new offense. Former subsec. (d)
redesignated (c).
Subsec. (e). Pub. L. 95–372, § 203(e)(2), (h), redesignated
subsec. (f) as (e) and substituted ‘‘the artificial islands,
installations, and other devices referred to in subsection (a) of this section’’ for ‘‘artificial islands and
fixed structures located on the outer Continental
Shelf’’. Former subsec. (e) redesignated (d).
Subsecs. (f), (g). Pub. L. 95–372, § 203(e)(3), (h), redesignated subsec. (g) as (f) and substituted ‘‘the artificial
islands, installations, and other devices’’ for ‘‘the artificial islands and fixed structures’’. Former subsec. (f)
redesignated (e).
1975—Subsec. (a)(2). Pub. L. 93–627 substituted ‘‘now
in effect or hereafter adopted, amended, or repealed’’
for ‘‘as of the effective date of this Act’’ in first sentence.
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

§ 1334. Administration of leasing
(a) Rules and regulations; amendment; cooperation with State agencies; subject matter and
scope of regulations
The Secretary shall administer the provisions
of this subchapter relating to the leasing of the
outer Continental Shelf, and shall prescribe
such rules and regulations as may be necessary
to carry out such provisions. The Secretary may
at any time prescribe and amend such rules and

§ 1334

regulations as he determines to be necessary
and proper in order to provide for the prevention
of waste and conservation of the natural resources of the outer Continental Shelf, and the
protection of correlative rights therein, and,
notwithstanding any other provisions herein,
such rules and regulations shall, as of their effective date, apply to all operations conducted
under a lease issued or maintained under the
provisions of this subchapter. In the enforcement of safety, environmental, and conservation
laws and regulations, the Secretary shall cooperate with the relevant departments and
agencies of the Federal Government and of the
affected States. In the formulation and promulgation of regulations, the Secretary shall request and give due consideration to the views of
the Attorney General with respect to matters
which may affect competition. In considering
any regulations and in preparing any such
views, the Attorney General shall consult with
the Federal Trade Commission. The regulations
prescribed by the Secretary under this subsection shall include, but not be limited to, provisions—
(1) for the suspension or temporary prohibition of any operation or activity, including
production, pursuant to any lease or permit
(A) at the request of a lessee, in the national
interest, to facilitate proper development of a
lease or to allow for the construction or negotiation for use of transportation facilities, or
(B) if there is a threat of serious, irreparable,
or immediate harm or damage to life (including fish and other aquatic life), to property, to
any mineral deposits (in areas leased or not
leased), or to the marine, coastal, or human
environment, and for the extension of any permit or lease affected by suspension or prohibition under clause (A) or (B) by a period equivalent to the period of such suspension or prohibition, except that no permit or lease shall be
so extended when such suspension or prohibition is the result of gross negligence or willful
violation of such lease or permit, or of regulations issued with respect to such lease or permit;
(2) with respect to cancellation of any lease
or permit—
(A) that such cancellation may occur at
any time, if the Secretary determines, after
a hearing, that—
(i) continued activity pursuant to such
lease or permit would probably cause serious harm or damage to life (including fish
and other aquatic life), to property, to any
mineral (in areas leased or not leased), to
the national security or defense, or to the
marine, coastal, or human environment;
(ii) the threat of harm or damage will
not disappear or decrease to an acceptable
extent within a reasonable period of time;
and
(iii) the advantages of cancellation outweigh the advantages of continuing such
lease or permit force;
(B) that such cancellation shall not occur
unless and until operations under such lease
or permit shall have been under suspension,
or temporary prohibition, by the Secretary,
with due extension of any lease or permit

Page 47

TITLE 46—SHIPPING

signatory. The Committee expects that the regulatory
flexibility being provided will not reduce the present
vessel inspection requirements that have been historically developed.
Section 3305(a) establishes the statutory scope of the
Coast Guard’s vessel inspection authority and duty.
The inspection process shall ensure that a vessel is of
suitable structure, equipment, and accommodations, is
maintained in an operating condition consistent with
safety of life and property, and complies with applicable marine safety laws and regulations.
Subsection (b) requires that defective life preservers
and firehose be destroyed in the presence of the inspecting official, normally a qualified Coast Guard marine inspector. The Committee believes that if this
equipment is defective for use on an inspected vessel, it
should be destroyed so that it cannot be used on an uninspected or recreational vessel.
Subsection (c) provides flexibility in the inspection of
various sizes of nautical school vessels.
AMENDMENTS
2006—Subsec. (a)(2). Pub. L. 109–241 realigned margins.
2004—Subsec. (a). Pub. L. 108–293, § 416(b), designated
existing provisions as par. (1), redesignated former
pars. (1) to (6) as subpars. (A) to (F), respectively, of
par. (1), and added par. (2).
Subsec. (a)(4) to (6). Pub. L. 108–293, § 416(a), added
par. (4) and redesignated former pars. (4) and (5) as (5)
and (6), respectively.
2002—Subsec. (c). Pub. L. 107–217 substituted ‘‘section
558 of title 40’’ for ‘‘section 13 of the Coast Guard Authorization Act of 1986’’.
1986—Subsec. (c). Pub. L. 99–640 inserted ‘‘or by an
educational institution under section 13 of the Coast
Guard Authorization Act of 1986’’.
1985—Subsec. (b). Pub. L. 99–36 substituted ‘‘lifesaving’’ and ‘‘life preserver, lifesaving device, or firehose’’
for ‘‘life-saving’’ and ‘‘life preserver or firehose’’, respectively.

§ 3306. Regulations
(a) To carry out this part and to secure the
safety of individuals and property on board vessels subject to inspection, the Secretary shall
prescribe necessary regulations to ensure the
proper execution of, and to carry out, this part
in the most effective manner for—
(1) the design, construction, alteration, repair, and operation of those vessels, including
superstructures, hulls, fittings, equipment, appliances, propulsion machinery, auxiliary machinery, boilers, unfired pressure vessels, piping, electric installations, and accommodations for passengers and crew, sailing school
instructors, and sailing school students;
(2) lifesaving equipment and its use;
(3) firefighting equipment, its use, and precautionary measures to guard against fire;
(4) inspections and tests related to paragraphs (1), (2), and (3) of this subsection; and
(5) the use of vessel stores and other supplies
of a dangerous nature.
(b)(1) Equipment and material subject to regulation under this section may not be used on any
vessel without prior approval of the Secretary.
(2) Except with respect to use on a public vessel, the Secretary may treat an approval of
equipment or materials by a foreign government
as approval by the Secretary for purposes of
paragraph (1) if the Secretary determines that—
(A) the design standards and testing procedures used by that government meet the requirements of the International Convention
for the Safety of Life at Sea, 1974;

§ 3306

(B) the approval of the equipment or material by the foreign government will secure the
safety of individuals and property on board
vessels subject to inspection; and
(C) for lifesaving equipment, the foreign government—
(i) has given equivalent treatment to approvals of lifesaving equipment by the Secretary; and
(ii) otherwise ensures that lifesaving
equipment approved by the Secretary may
be used on vessels that are documented and
subject to inspection under the laws of that
country.
(c) In prescribing regulations for sailing school
vessels, the Secretary shall consult with representatives of the private sector having experience in the operation of vessels likely to be certificated as sailing school vessels. The regulations shall—
(1) reflect the specialized nature of sailing
school vessel operations, and the character,
design, and construction of vessels operating
as sailing school vessels; and
(2) include requirements for notice to sailing
school instructors and sailing school students
about the specialized nature of sailing school
vessels and applicable safety regulations.
(d) In prescribing regulations for nautical
school vessels operated by the United States
Merchant Marine Academy or by a State maritime academy (as defined in section 51102 of this
title), the Secretary shall consider the function,
purpose, and operation of the vessels, their
routes, and the number of individuals who may
be carried on the vessels.
(e) When the Secretary finds it in the public
interest, the Secretary may suspend or grant exemptions from the requirements of a regulation
prescribed under this section related to lifesaving and firefighting equipment, muster lists,
ground tackle and hawsers, and bilge systems.
(f) In prescribing regulations for offshore supply vessels, the Secretary shall consider the
characteristics, methods of operation, and the
nature of the service of offshore supply vessels.
(g) In prescribing regulations for fish processing or fish tender vessels, the Secretary shall
consult with representatives of the private sector having experience in the operation of these
vessels. The regulations shall reflect the specialized nature and economics of fish processing or
fish tender vessel operations and the character,
design, and construction of fish processing or
fish tender vessels.
(h) The Secretary shall establish appropriate
structural fire protection, manning, operating,
and equipment requirements for vessels of at
least 100 gross tons but less than 300 gross tons
as measured under section 14502 of this title, or
an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary
under section 14104 of this title carrying not
more than 150 passengers on domestic voyages,
which meet the eligibility criteria of section
2113(4) of this title.
(i) The Secretary shall establish appropriate
structural fire protection, manning, operating,
and equipment requirements for former public
vessels of the United States of at least 100 gross

§ 3306

TITLE 46—SHIPPING

tons but less that 500 gross tons as measured
under section 14502 of this title, or an alternate
tonnage measured under section 14302 of this
title as prescribed by the Secretary under section 14104 of this title carrying not more than
150 passengers on domestic voyages, which meet
the eligibility criteria of section 2113(5) of this
title.
(j) The Secretary may establish by regulation
a safety management system appropriate for the
characteristics, methods of operation, and nature of service of towing vessels.
(k)(1) Each vessel of the United States that is
constructed under a contract entered into after
the date of enactment of the Maritime Safety
Act of 2010, or that is delivered after January 1,
2011, with an aggregate capacity of 600 cubic meters or more of oil fuel, shall comply with the
requirements of Regulation 12A under Annex I
to the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973, entitled ‘‘Oil Fuel Tank
Protection’’.
(2) The Secretary may prescribe regulations to
apply the requirements described in Regulation
12A to vessels described in paragraph (1) that are
not otherwise subject to that convention. Any
such regulation shall be considered to be an interpretive rule for the purposes of section 553 of
title 5.
(3) In this subsection the term ‘‘oil fuel’’
means any oil used as fuel in connection with
the propulsion and auxiliary machinery of the
vessel in which such oil is carried.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 513; Pub. L.
98–364, title IV, § 402(5), July 17, 1984, 98 Stat. 446;
Pub. L. 103–206, title V, § 512(a), Dec. 20, 1993, 107
Stat. 2442; Pub. L. 104–324, title VI, § 604(a), (c),
title VII, § 712, Oct. 19, 1996, 110 Stat. 3930, 3931,
3936; Pub. L. 108–293, title IV, § 415(b), Aug. 9,
2004, 118 Stat. 1047; Pub. L. 109–304, § 15(12), Oct.
6, 2006, 120 Stat. 1703; Pub. L. 111–281, title VI,
§ 612, Oct. 15, 2010, 124 Stat. 2970.)
HISTORICAL AND REVISION NOTES
Revised section
3306 ..............................................

Source section (U.S. Code)
46:366
46:369
46:375
46:390b
46:392
46:404
46:408
46:411
46:412
46:416
46:420
46:445
46:459
46:473
46:477
46:478
46:479
46:481
46:482
46:483
46:489
46:526p
46:1295f(c)

Section 3306 contains broad authority to prescribe
regulations for the proper inspection and certification
of vessels. It provides regulatory flexibility for meeting
technological changes. The section also permits flexibility in prescribing regulations for nautical school
vessels operated by the United States Merchant Marine
Academy or by a State maritime academy. The Secretary may suspend or grant exemptions to certain lim-

Page 48

ited inspection requirements when the Secretary finds
that this is necessary in the public interest. It also contains the requirement that in regulating offshore supply vessels consideration must be given to the special
nature of their operations.
REFERENCES IN TEXT
The date of enactment of the Maritime Safety Act of
2010, referred to in subsec. (k)(1), is the date of enactment of title VI of Pub. L. 111–281, which was approved
Oct. 15, 2010.
AMENDMENTS
2010—Subsec. (k). Pub. L. 111–281 added subsec. (k).
2006—Subsec. (d). Pub. L. 109–304 substituted ‘‘section
51102 of this title’’ for ‘‘section 1302(3) of the Merchant
Marine Act, 1936 (46 App. U.S.C. 1295a(3))’’.
2004—Subsec. (j). Pub. L. 108–293 added subsec. (j).
1996—Subsec. (a)(4). Pub. L. 104–324, § 604(c), substituted ‘‘paragraphs (1), (2), and (3)’’ for ‘‘clauses
(1)–(3)’’.
Subsec. (b). Pub. L. 104–324, § 604(a), amended subsec.
(b) generally. Prior to amendment, subsec. (b) read as
follows: ‘‘Equipment subject to regulation under this
section may not be used on any vessel without prior approval as prescribed by regulation.’’
Subsec. (h). Pub. L. 104–324, § 712(1), inserted ‘‘as
measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title
as prescribed by the Secretary under section 14104 of
this title’’ after ‘‘300 gross tons’’.
Subsec. (i). Pub. L. 104–324, § 712(2), inserted ‘‘as measured under section 14502 of this title, or an alternate
tonnage measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this
title’’ after ‘‘500 gross tons’’.
1993—Subsecs. (h), (i). Pub. L. 103–206 added subsecs.
(h) and (i).
1984—Subsec. (g). Pub. L. 98–364 added subsec. (g).
REGULATIONS
Pub. L. 103–206, title V, § 512(b), (c), Dec. 20, 1993, 107
Stat. 2442, provided that:
‘‘(b) The Secretary of Transportation shall, within
twenty-four months of the date of enactment of this
Act [Dec. 20, 1993], prescribe regulations establishing
the structural fire protection, manning, operating, and
equipment requirements for vessels which meet the requirements of subsections (h) and (i) of section 3306 of
title 46, United States Code, as amended by this Act.
‘‘(c) Before the Secretary of Transportation prescribes regulations under subsections (h) and (i) of section 3306 of title 46, United States Code, as amended by
this Act, the Secretary may prescribe the route, service, manning, and equipment for those vessels based on
existing passenger vessel and small passenger vessel
regulations.’’
TOWING VESSELS
Pub. L. 111–281, title VII, § 701(c), Oct. 15, 2010, 124
Stat. 2980, provided that: ‘‘No later than 90 days after
the date of enactment of this Act [Oct. 15, 2010], the
Secretary shall issue a notice of proposed rulemaking
regarding inspection requirements for towing vessels
required under section 3306(j) of title 46, United States
Code. The Secretary shall issue a final rule pursuant to
that rulemaking no later than 1 year after the date of
enactment of this Act.’’
[‘‘Secretary’’ as used in section 701(c) of Pub. L.
111–281, set out above, probably means the Secretary of
the department in which the Coast Guard is operating,
see section 701(a)(1) of Pub. L. 111–281, set out as a note
under section 1321 of Title 33, Navigation and Navigable
Waters.]
FOREIGN APPROVALS
Pub. L. 104–324, title VI, § 604(b), Oct. 19, 1996, 110 Stat.
3931, provided that: ‘‘The Secretary of Transportation,
in consultation with other interested Federal agencies,

Page 49

§ 3309

TITLE 46—SHIPPING

shall work with foreign governments to have those governments approve the use of the same equipment and
materials on vessels documented under the laws of
those countries that the Secretary requires on United
States documented vessels.’’
INTERNATIONAL CONVENTION FOR SAFETY OF LIFE AT
SEA
For International Conventions for the Safety of Life
at Sea to which the United States has been a party, see
section 1602 of Title 33, Navigation and Navigable Waters, and notes thereunder.

§ 3307. Frequency of inspection
Each vessel subject to inspection under this
part shall undergo an initial inspection for certification before being put into service. After
being put into service—
(1) each passenger vessel, nautical school
vessel, and small passenger vessel allowed to
carry more than 12 passengers on a foreign
voyage shall be inspected at least once a year;
and
(2) any other vessel shall be inspected at
least once every 5 years.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 514; Pub. L.
104–324, title VI, § 605(a), Oct. 19, 1996, 110 Stat.
3931.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

3307(1) ..........................................
3307(2) ..........................................
3307(3) ..........................................

46:391(c)
46:1295f(c)
46:390a(a)
46:404–1(6)(i)
46:391(b)
46:392(b)
46:404–1(6)(ii)

Section 3307 requires each vessel subject to inspection
to undergo an initial inspection prior to being placed in
service. This is normally started during the construction or reconstruction phase and is a continuing process until final certification for operation in a particular trade. Subsequent periodic inspections are also required for various types of vessels. It is to be noted
that a freight vessel of less than 100 gross tons shall be
inspected at 3 year intervals while the larger freight
vessel has a 2 year inspection period. This is being done
to retain the existing procedure of issuing 3 year certificates of inspection to smaller vessels, however, this
does not prevent periodic inspections or examinations
at intervening periods.
AMENDMENTS
1996—Par. (1). Pub. L. 104–324, § 605(a)(1), substituted
‘‘, nautical school vessel, and small passenger vessel allowed to carry more than 12 passengers on a foreign
voyage’’ for ‘‘and nautical school vessel’’ and inserted
‘‘and’’ at end.
Pars. (2), (3). Pub. L. 104–324, § 605(a)(2), (3), redesignated par. (3) as (2), substituted ‘‘5 years’’ for ‘‘2 years’’,
and struck out former par. (2) which read as follows:
‘‘each small passenger vessel, freight vessel or offshore
supply vessel of less than 100 gross tons, and sailing
school vessel shall be inspected at least once every 3
years; and’’.

§ 3308. Examinations
In addition to inspections required by section
3307 of this title, the Secretary shall examine or
have examined—
(1) each vessel subject to inspection at proper times to ensure compliance with law and
regulations; and
(2) crewmember accommodations on each
vessel subject to inspection at least once a

month or when the vessel enters United States
ports to ensure that the accommodations are—
(A) of the size required by law and regulations;
(B) properly ventilated and in a clean and
sanitary condition; and
(C) equipped with proper plumbing and mechanical appliances required by law and regulations, and the appliances are in good
working condition.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 514; Pub. L.
104–324, title VI, § 603(c), Oct. 19, 1996, 110 Stat.
3930.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

3308 ..............................................

46:435
46:660a
46:660b

Section 3308 requires the Secretary to carry out additional inspections as might be necessary to ensure compliance with applicable laws and regulations, and to ensure that accommodations are maintained in a sanitary
condition and that all appliances are in good working
order.
AMENDMENTS
1996—Pub. L. 104–324 inserted ‘‘or have examined’’
after ‘‘examine’’ in introductory provisions.

§ 3309. Certificate of inspection
(a) When an inspection under section 3307 of
this title has been made and a vessel has been
found to be in compliance with the requirements
of law and regulations, a certificate of inspection, in a form prescribed by the Secretary,
shall be issued to the vessel.
(b) The Secretary may issue a temporary certificate of inspection in place of a regular certificate of inspection issued under subsection (a)
of this section.
(c) At least 30 days before the current certificate of inspection issued to a vessel under subsection (a) of this section expires, the owner,
charterer, managing operator, agent, master, or
individual in charge of the vessel shall submit to
the Secretary in writing a notice that the vessel—
(1) will be required to be inspected; or
(2) will not be operated so as to require an
inspection.
(d) A certificate of inspection issued under
this section shall be signed by the senior Coast
Guard member or civilian employee who inspected the vessel, in addition to the officer in
charge of marine inspection.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 515; Pub. L.
98–498, title II, § 211(a), Oct. 19, 1984, 98 Stat. 2303;
Pub. L. 104–324, title VI, § 606, Oct. 19, 1996, 110
Stat. 3931; Pub. L. 111–281, title V, § 522(c), Oct.
15, 2010, 124 Stat. 2957.)
HISTORICAL AND REVISION NOTES
Revised section
3309 ..............................................

Source section (U.S. Code)
46:390c
46:391a(8)
46:395(d)
46:399

Section 3309 provides for the issuance of a certificate
of inspection that attests to the fact that the vessel has

[§ 5115

TITLE 46—SHIPPING

to enforce this chapter and the regulations prescribed under this chapter.
(b) The Secretary shall consult with the Secretary of the Treasury before prescribing a regulation that affects the enforcement responsibilities of an officer or employee of the Customs
Service.
(Pub. L. 99–509, title V, § 5101(2), Oct. 21, 1986, 100
Stat. 1918; Pub. L. 101–595, title VI, § 603(4), Nov.
16, 1990, 104 Stat. 2993.)
HISTORICAL AND REVISION NOTES
Revised section 5114
Source: Section (U.S. Code) 46 App. U.S.C. 86
Section 5114(a) authorizes the Secretary to use a Customs Service officer or employee to enforce load line
requirements. The expected role of a Customs Service
officer or employee in this regard is to ensure that a
vessel is carrying a load line certificate and that the
load line is not submerged.
Section 5114(b) requires the Secretary to consult with
the Secretary of the Treasury before prescribing a regulation that affects the enforcement responsibilities of
a Customs Service officer or employee.
AMENDMENTS
1990—Pub. L. 101–595 substituted ‘‘officers and employees’’ for ‘‘officers employees’’ in section catchline.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the
Department of the Treasury, including functions of the
Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and
557 of Title 6, Domestic Security, and the Department
of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section
542 of Title 6.

[§ 5115. Repealed. Pub. L. 101–595, title VI,
§ 603(5)(A), Nov. 16, 1990, 104 Stat. 2993]
Section, Pub. L. 99–509, title V, § 5101(2), Oct. 21, 1986,
100 Stat. 1918, authorized Secretary to prescribe regulations to carry out this chapter.

of the United States in violation of a detention
order issued under section 5113 of this title commits a class A misdemeanor.
(e) A person causing or allowing the alteration, concealment, or removal of a mark placed
on a vessel under section 5103(b) of this title and
the regulations prescribed under this chapter,
except to make a lawful change or to escape
enemy capture in time of war, commits a class
A misdemeanor.
(Pub. L. 99–509, title V, § 5101(2), Oct. 21, 1986, 100
Stat. 1918; Pub. L. 101–380, title IV, § 4302(d), Aug.
18, 1990, 104 Stat. 538.)
HISTORICAL AND REVISION NOTES
Revised section 5116
Source: Section (U.S. Code) 46 App. U.S.C. 86i, 88g.
Section 5116 provides penalties for violations of load
line requirements. The penalties are raised substantially from existing law to provide a sufficient deterrence against violations of the load line requirements
and to conform with the level of penalties throughout
the subtitle. The monetary penalties have not been
changed since the 1930’s.
Section 5116(a) raises from $1,000 to $5,000 the maximum penalty for violation of a load line provision
under this chapter or a regulation promulgated under
this chapter.
Section 5116(b) raises from $1,000 to $10,000 the maximum penalty for loading a vessel in such a way as to
submerge the load line. In addition, a violator must
pay up to two times the amount of the economic benefit of the overloading.
Section 5116(c) raises from $500 to $5,000 the maximum penalty for a violation of the requirement in section 5112(b) that the load line position and draft of a
vessel be noted in the logbook.
Section 5116(a)–(c) also states that the vessel is liable
in rem for the penalty.
Section 5116(d) raises from $1,000 to $10,000 the maximum penalty for a violation of a detention order and
may also include imprisonment for up to one year.
Section 5116(e) raises from $2,000 to $10,000 the maximum penalty for the alteration, removal, or concealment of a load line mark and may also include imprisonment for two years.
AMENDMENTS

§ 5116. Penalties
(a) Except as otherwise provided in this section, the owner, charterer, managing operator,
agent, master, and individual in charge of a vessel violating this chapter or a regulation prescribed under this chapter are each liable to the
United States Government for a civil penalty of
not more than $5,000. Each day of a continuing
violation is a separate violation. The vessel also
is liable in rem for the penalty.
(b) The owner, charterer, managing operator,
agent, master, and individual in charge of a vessel allowing, causing, attempting to cause, or
failing to take reasonable care to prevent a violation of section 5112(a) of this title are each liable to the Government for a civil penalty of not
more than $10,000 plus an additional amount
equal to twice the economic benefit of the overloading. The vessel also is liable in rem for the
penalty.
(c) The master or individual in charge of a vessel violating section 5112(b) of this title is liable
to the Government for a civil penalty of not
more than $5,000. The vessel also is liable in rem
for the penalty.
(d) A person causing or allowing the departure
of a vessel from a place within the jurisdiction

Page 98

1990—Subsec. (d). Pub. L. 101–380, § 4302(d)(1), substituted ‘‘commits a class A misdemeanor’’ for ‘‘shall
be fined not more than $10,000, imprisoned for not more
than one year, or both’’.
Subsec. (e). Pub. L. 101–380, § 4302(d)(2), substituted
‘‘commits a class A misdemeanor’’ for ‘‘shall be fined
not more than $10,000, imprisoned for not more than 2
years, or both’’.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–380 applicable to incidents
occurring after Aug. 18, 1990, see section 1020 of Pub. L.
101–380, set out as an Effective Date note under section
2701 of Title 33, Navigation and Navigable Waters.

PART D—MARINE CASUALTIES
CHAPTER 61—REPORTING MARINE
CASUALTIES
Sec.

6101.
6102.
6103.
6104.

Marine casualties and reporting.
State marine casualty reporting system.
Penalty.
Commercial fishing industry vessel casualty
statistics.
HISTORICAL AND REVISION NOTES

Chapter 61 provides for the reporting of marine casualties and incidents involving all United States flag

Page 99

§ 6101

TITLE 46—SHIPPING

vessels occurring anywhere in the world and any foreign flag vessel operating on waters subject to the jurisdiction of the United States.
AMENDMENTS
1988—Pub. L. 100–424, § 4(c), Sept. 9, 1988, 102 Stat. 1591,
added item 6104.

§ 6101. Marine casualties and reporting
(a) The Secretary shall prescribe regulations
on the marine casualties to be reported and the
manner of reporting. The regulations shall require reporting the following marine casualties:
(1) death of an individual.
(2) serious injury to an individual.
(3) material loss of property.
(4) material damage affecting the seaworthiness or efficiency of the vessel.
(5) significant harm to the environment.
(b) A marine casualty shall be reported within
5 days as provided in this part and regulations
prescribed under this part. Each report filed
under this section shall include information as
to whether the use of alcohol contributed to the
casualty.
[(c) Repealed. Pub. L. 98–498, title II,
§ 212(b)(1)(B), Oct. 19, 1984, 98 Stat. 2306.]
(d)(1) This part applies to a foreign vessel
when involved in a marine casualty on the navigable waters of the United States.
(2) This part applies, to the extent consistent
with generally recognized principles of international law, to a foreign vessel constructed or
adapted to carry, or that carries, oil in bulk as
cargo or cargo residue involved in a marine casualty described under subsection (a)(4) or (5) in
waters subject to the jurisdiction of the United
States, including the Exclusive Economic Zone.
(e) A marine casualty not resulting in the
death of an individual shall be classified according to the gravity of the casualty, as prescribed
by regulation, giving consideration to the extent of injuries to individuals, the extent of
property damage, the dangers that the casualty
creates, and the size, occupation, and means of
propulsion of each vessel involved.
(f)(1) This chapter applies to a marine casualty
involving a United States citizen on a foreign
passenger vessel operating south of 75 degrees
north latitude, west of 35 degrees west longitude, and east of the International Date Line;
or operating in the area south of 60 degrees
south latitude that—
(A) embarks or disembarks passengers in the
United States; or
(B) transports passengers traveling under
any form of air and sea ticket package marketed in the United States.
(2) When there is a marine casualty described
in paragraph (1) of this subsection and an investigation is conducted, the Secretary shall ensure
that the investigation—
(A) is thorough and timely; and
(B) produces findings and recommendations
to improve safety on passenger vessels.
(3) When there is a marine casualty described
in paragraph (1) of this subsection, the Secretary may—
(A) seek a multinational investigation of the
casualty under auspices of the International
Maritime Organization; or

(B) conduct an investigation of the casualty
under chapter 63 of this title.
(g) To the extent consistent with generally
recognized practices and procedures of international law, this part applies to a foreign vessel involved in a marine casualty or incident, as
defined in the International Maritime Organization Code for the Investigation of Marine Casualties and Incidents, where the United States is
a Substantially Interested State and is, or has
the consent of, the Lead Investigating State
under the Code.
(h)(1) The Secretary shall publish all major
marine casualty reports prepared in accordance
with this section in an electronic form, and
shall provide information electronically regarding how other marine casualty reports can be
obtained.
(2) For purposes of this paragraph, the term
‘‘major marine casualty’’ means a casualty involving a vessel, other than a public vessel, that
results in—
(A) the loss of 6 or more lives;
(B) the loss of a mechanically propelled vessel of 100 or more gross tons;
(C) property damage initially estimated at
$500,000 or more; or
(D) serious threat, as determined by the
Commandant of the Coast Guard with concurrence by the Chairman of the National Transportation Safety Board, to life, property, or
the environment by hazardous materials.
(i) The Secretary shall, as soon as possible,
and no later than January 1, 2005, publish all
marine casualty reports prepared in accordance
with this section in an electronic form.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 536; Pub. L.
98–498, title II, § 212(b)(1), Oct. 19, 1984, 98 Stat.
2306; Pub. L. 98–557, § 7(b)(1), Oct. 30, 1984, 98 Stat.
2862; Pub. L. 101–380, title IV, § 4106(b), Aug. 18,
1990, 104 Stat. 513; Pub. L. 102–241, § 33, Dec. 19,
1991, 105 Stat. 2222; Pub. L. 107–295, title IV,
§§ 423, 442(a), Nov. 25, 2002, 116 Stat. 2125, 2132;
Pub. L. 109–241, title IX, § 901(o), July 11, 2006, 120
Stat. 565; Pub. L. 109–304, § 15(21), Oct. 6, 2006, 120
Stat. 1704; Pub. L. 110–181, div. C, title XXXV,
§ 3529(c)(1), Jan. 28, 2008, 122 Stat. 603.)
HISTORICAL AND REVISION NOTES
Revised section
6101 ..............................................

6101(b) .........................................

Source section (U.S. Code)
46:239
46:1486
33:361
33:365
33:362

Section 6101(a) requires the Secretary to prescribe
regulations on the types and manner of reporting of
marine casualties to be reported under subsection (b)
and incidents to be reported under subsection (c). The
casualties to be reported must include casualties involving death to an individual, serious injury to an individual, material loss of property, and any damage affecting the seaworthiness or efficiency of the vessel, in
addition to the other casualties (if any) the Secretary
feels should be reported.
Subsection (b) requires the owner, charterer, agent,
master, operator, or individual in charge of a vessel to
report within 5 days, any casualty required in subsection (a) or by regulation.
Subsection (c) requires the owner, charterer, managing operator, or agent of a U.S. vessel to immediately

§ 6102

TITLE 46—SHIPPING

determine the status of their vessel if they have not
heard from the vessel, if it has not passed a scheduled
point, or for any other reason which may indicate the
vessel may have been lost or imperiled. If the owner,
charterer, managing operator, or agent cannot reach
the vessel and determine that it is operating safely,
then they shall immediately notify the Coast Guard
and provide the Coast Guard with the name and number of the vessel, the names of individuals on board,
and any other information that the Coast Guard may
request. If communication with the vessel indicates the
vessel was involved in a casualty, then the owner, charterer, or agent of the vessel must immediately notify
the Coast Guard under subsection (b). Notification to
the Coast Guard does not impose or create any additional responsibility for the Coast Guard to take search
and rescue action beyond those already existing under
title 14, United States Code.
Subsection (d) makes it clear that the reporting requirements under subsection (b) are applicable to foreign vessels involved in a marine casualty when operating on the navigable waters of the United States,
whether in innocent passage or not.
Subsection (e) provides for the classification of marine casualties by regulation according to the gravity
of the casualty, injuries to individuals, property damage, dangers created, and size, occupation, and means
of propulsion of each vessel.
AMENDMENTS
2008—Subsecs. (g) to (i). Pub. L. 110–181 repealed Pub.
L. 109–304, § 15(21). See 2006 Amendment notes below.
2006—Subsecs. (g) to (i). Pub. L. 109–304, § 15(21), which
directed amendment identical to that made by Pub. L.
109–241, was repealed by Pub. L. 110–181. See Construction of 2006 Amendment note below.
Pub. L. 109–241 redesignated the second subsec. (g), relating to electronic publishing of marine casualty reports, and subsec. (h) as subsecs. (h) and (i), respectively.
2002—Subsecs. (e), (f). Pub. L. 107–295, § 423(1), redesignated subsec. (e), relating to passenger vessel investigations, as subsec. (f).
Subsec. (g). Pub. L. 107–295, § 442(a), added subsec. (g)
relating to electronic publishing of marine casualty reports.
Pub. L. 107–295, § 423(2), added subsec. (g) relating to
applicability of this part to a foreign vessel involved in
a marine casualty or incident.
Subsec. (h). Pub. L. 107–295, § 442(a), added subsec. (h).
1991—Subsec. (e). Pub. L. 102–241 added subsec. (e) relating to passenger vessel investigations.
1990—Subsec. (a)(5). Pub. L. 101–380, § 4106(b)(1), added
par. (5).
Subsec. (d). Pub. L. 101–380, § 4106(b)(2), designated existing provisions as par. (1) and added par. (2).
1984—Subsec. (a). Pub. L. 98–498, § 212(b)(1)(A), struck
out ‘‘and incidents’’ after ‘‘marine casualties’’ in provisions preceding par. (1).
Subsec. (b). Pub. L. 98–557 inserted provisions relating
to alcohol as a contributing factor to the casualty.
Subsec. (c). Pub. L. 98–498, § 212(b)(1)(B), struck out
subsec. (c) which related to determination of status of
a vessel that may be lost or imperiled and notification
of the Coast Guard.
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107–295, title IV, § 442(b), Nov. 25, 2002, 116
Stat. 2132, provided that: ‘‘The amendment made by
subsection (a) [amending this section] applies to all
marine casualty reports completed after the date of enactment of this Act [Nov. 25, 2002].’’

Page 100

EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–498 effective 180 days after
Oct. 1, 1984, see section 214 of Pub. L. 98–498, set out as
an Effective Date note under section 2306 of this title.
CONSTRUCTION OF 2006 AMENDMENT
Provisions of Pub. L. 109–304 repealed by section
3529(c)(1) of Pub. L. 110–181 to be treated as if never enacted, see section 3529(c)(2) of Pub. L. 110–181, set out as
a note under section 9504 of Title 26, Internal Revenue
Code.
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

§ 6102. State marine casualty reporting system
(a) The Secretary shall prescribe regulations
for a uniform State marine casualty reporting
system for vessels. Regulations shall prescribe
the casualties to be reported and the manner of
reporting. A State shall compile and submit to
the Secretary reports, information, and statistics on casualties reported to the State, including information and statistics concerning the
number of casualties in which the use of alcohol
contributed to the casualty.
(b) The Secretary shall collect, analyze, and
publish reports, information, and statistics on
marine casualties together with findings and
recommendations the Secretary considers appropriate. If a State marine casualty reporting
system provides that information derived from
casualty reports (except statistical information)
may not be publicly disclosed, or otherwise prohibits use by the State or any person in any action or proceeding against a person, the Secretary may use the information provided by the
State only in the same way that the State may
use the information.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 536; Pub. L.
98–557, § 7(b)(2), Oct. 30, 1984, 98 Stat. 2862.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

6102 ..............................................

46:1486

Section 6102(a) requires the Secretary to prescribe
regulations for a uniform State marine casualty reporting system for vessels. The Secretary may limit the
scope and types of casualties to be investigated and reported by the State. It also requires the State to submit to the Secretary reports, information, and statistics on casualties reported to the State.
Subsection (b) requires the Secretary to analyze the
information that is received from the State. It also prohibits the Secretary from disclosing the information,
proceeding against any person based on this information, or otherwise using the information, if the State
cannot use the information in the same way.

EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–380 applicable to incidents
occurring after Aug. 18, 1990, see section 1020 of Pub. L.
101–380, set out as an Effective Date note under section
2701 of Title 33, Navigation and Navigable Waters.

AMENDMENTS
1984—Subsec. (a). Pub. L. 98–557 inserted provisions
relating to alcohol as a contributing factor to the casualty.