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compel compliance with the subpena. Any district court of the United States may, in the case
of refusal to obey a subpena, issue an order requiring compliance with the subpena, 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.
(Pub. L. 92–340, § 8, formerly title I, § 107, July 10,
1972, 86 Stat. 427; renumbered and amended Pub.
L. 95–474, § 2, Oct. 17, 1978, 92 Stat. 1476.)
AMENDMENTS
1978—Pub. L. 95–474 substituted provision relating to
the investigatory powers of the Secretary for provision
relating to criminal penalties.

§ 1228. Conditions for entry to ports in the
United States
(a) In general
No vessel, subject to the provisions of chapter
37 of title 46, 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—
(1) has a history of accidents, pollution incidents, or serious repair problems which, as determined by the Secretary, creates reason to
believe that such vessel may be unsafe or may
create a threat to the marine environment; or
(2) fails to comply with any applicable regulation issued under this chapter, chapter 37 of
title 46, or under any other applicable law or
treaty; or
(3) discharges oil or hazardous material in
violation of any law of the United States or in
a manner or quantities inconsistent with the
provisions of any treaty to which the United
States is a party; or
(4) does not comply with any applicable vessel traffic service requirements; or
(5) is manned by one or more officers who
are licensed by a certificating state which the
Secretary has determined, pursuant to section
9101 of title 46, does not have standards for licensing and certification of seafarers which
are comparable to or more stringent than
United States standards or international
standards which are accepted by the United
States; or
(6) 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
(7) 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 not in compliance with subsection (a) of
this section, 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. In addition, paragraphs (1), (2), (3), and
(4) of subsection (a) of this section shall not
apply if the owner or operator of such vessel

§ 1230

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. Clauses (5) and (6) of
subsection (a) of this section shall become applicable eighteen months after October 17, 1978.
(Pub. L. 92–340, § 9, as added Pub. L. 95–474, § 2,
Oct. 17, 1978, 92 Stat. 1476; amended Pub. L.
101–380, title IV, § 4106(c), Aug. 18, 1990, 104 Stat.
514.)
AMENDMENTS
1990—Subsec. (a). Pub. L. 101–380, § 4106(c)(1), substituted ‘‘chapter 37 of title 46’’ for ‘‘section 4417a of the
Revised Statutes, as amended’’ in provisions preceding
par. (1) and in par. (2) and substituted ‘‘section 9101 of
title 46’’ for ‘‘section 4417a(11) of the Revised Statutes,
as amended’’ in par. (5).
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 this title.

§ 1229. Applicability
This chapter shall not apply to the Panama
Canal. The authority granted to the Secretary
under sections 1223, 1224, and 1225 of this title
shall not be delegated with respect to the Saint
Lawrence Seaway to any agency other than the
Saint Lawrence Seaway Development Corporation. Any other authority granted the Secretary
under this chapter shall be delegated to the
Saint Lawrence Seaway Development Corporation to the extent he determines such delegation
is necessary for the proper operation of the
Saint Lawrence Seaway.
(Pub. L. 92–340, § 10, as added Pub. L. 95–474, § 2,
Oct. 17, 1978, 92 Stat. 1477; amended Pub. L.
98–557, § 29(h), Oct. 30, 1984, 98 Stat. 2875.)
AMENDMENTS
1984—Pub. L. 98–557 struck out reference to section
1226 of this title.

§ 1230. 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 chapter, for consideration as international
standards.
(b) Agreements
The President is authorized and encouraged
to—
(1) 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
(2) 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) of this section

§ 1231

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

which is binding upon the United States in accordance with constitutional requirements,
may—
(1) require vessels in the vessel traffic service area 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
(2) 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, is authorized
to 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) and 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).
(Pub. L. 92–340, § 11, as added Pub. L. 95–474, § 2,
Oct. 17, 1978, 92 Stat. 1477; amended Pub. L.
105–383, title III, § 313, Nov. 13, 1998, 112 Stat.
3424.)
AMENDMENTS
1998—Subsec. (d). Pub. L. 105–383 added subsec. (d).

§ 1231. Regulations
(a) In general
In accordance with the provisions of section
553 of title 5, the Secretary shall issue, and may
from time to time amend or repeal, regulations
necessary to implement this chapter.
(b) Procedures
The Secretary, in the exercise of this regulatory authority, shall establish procedures for
consulting with, and receiving and considering
the views of all interested parties, including—
(1) interested Federal departments and agencies,

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(2) officials of State and local governments,
(3) representatives of the maritime community,
(4) representatives of port and harbor authorities or associations,
(5) representatives of environmental groups,
(6) any other interested parties who are
knowledgeable or experienced in dealing with
problems involving vessel safety, port and
waterways safety, and protection of the marine environment, and
(7) 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.
(Pub. L. 92–340, § 12, as added Pub. L. 95–474, § 2,
Oct. 17, 1978, 92 Stat. 1477.)
§ 1231a. Towing Safety Advisory Committee
(a) Establishment; membership
There is established a Towing Safety Advisory
Committee (hereinafter referred to as the ‘‘Committee’’). The Committee shall consist of eighteen members with particular expertise, knowledge, and experience regarding shallow-draft inland and coastal waterway navigation and towing safety as follows:
(1) Seven members representing the barge
and towing industry, reflecting a regional geographic balance.
(2) One member representing the offshore
mineral and oil supply vessel industry.
(3) One member representing holders of active licensed Masters or Pilots of towing vessels with experience on the Western Rivers
and the Gulf Intracoastal Waterway.
(4) One member representing the holders of
active licensed Masters of towing vessels in
offshore service.
(5) One member representing Masters who
are active ship-docking or harbor towing vessel.1
(6) One member representing licensed or unlicensed towing vessel engineers with formal
training and experience.
(7) Two members representing each of the
following groups:
(A) Port districts, authorities, or terminal
operators.
(B) Shippers (of whom at least one shall be
engaged in the shipment of oil or hazardous
materials by barge).
(8) Two members representing the general
public.
(b) Appointments; Chairman, Vice Chairman,
and observers; publication in Federal Register
The Secretary of the department in which the
Coast Guard is operating (hereinafter referred to
as the ‘‘Secretary’’) shall appoint the members
of the Committee. The Secretary shall designate
one of the members of the Committee as the
Chairman and one of the members as the Vice
Chairman. The Vice Chairman shall act as
Chairman in the absence or incapacity of, or in
the event of a vacancy in the office of, the
1 So

in original.