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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;
(2) 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;
(3) 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
(4) shall, through appropriate channels—
(A) notify cognizant international organizations of any designation, or adjustment thereof; and
(B) 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.
(Added Pub. L. 115–282, title IV, § 401(a), Dec. 4,
2018, 132 Stat. 4255.)
References in Text
The International Regulations for Preventing Collisions
at Sea, 1972, referred to in subsec. (e)(1), came into effect
pursuant to the Convention on the International Regulations for Preventing Collisions at Sea, 1972. See International Regulations for Preventing Collisions at Sea, 1972
note under section 1602 of Title 33, Navigation and Navigable Waters.

§ 70004. Considerations by Secretary
In carrying out the duties of the Secretary under sections 70001, 70002, and 70003, the Secretary
shall—
(1) 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—
(A) the scope and degree of the risk or hazard involved;
(B) 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;
(C) port and waterway configurations and
variations in local conditions of geography,
climate, and other similar factors;
(D) the need for granting exemptions for the
installation and use of equipment or devices
for use with vessel traffic services for certain

§ 70005

classes of small vessels, such as self-propelled
fishing vessels and recreational vessels;
(E) the proximity of fishing grounds, oil and
gas drilling and production operations, or any
other potential or actual conflicting activity;
(F) environmental factors;
(G) economic impact and effects;
(H) existing vessel traffic services; and
(I) local practices and customs, including
voluntary arrangements and agreements within the maritime community; and
(2) 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—
(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) that is
binding upon the United States in accordance with
constitutional requirements, may—
(1) 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
(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, 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:
(1) Cape Cod Bay, Massachusetts Bay, and Great
South Channel (in the area generally bounded

§ 70011

TITLE 46—SHIPPING

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).
(2) 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).
(Added Pub. L. 115–282, title IV, § 401(a), Dec. 4,
2018, 132 Stat. 4257.)
SUBCHAPTER II—PORTS AND WATERWAYS
SAFETY
§ 70011. Waterfront safety
(a) In General.—The Secretary may take such
action as is necessary to—
(1) 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; and
(2) protect the navigable waters and the resources therein from harm resulting from vessel or structure damage, destruction, or loss.
(b) Actions Authorized.—Actions authorized by
subsection (a) include—
(1) 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;
(2) prescribing minimum safety equipment requirements for a structure to assure adequate
protection from fire, explosion, natural disaster, and other serious accidents or casualties;
(3) 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; and
(4) establishing procedures for examination to
assure compliance with the requirements prescribed under this section.
(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.
(Added Pub. L. 115–282, title IV, § 401(a), Dec. 4,
2018, 132 Stat. 4258.)
§ 70012. Navigational hazards
(a) Reporting Procedure.—The Secretary shall
establish a program to encourage fishermen and
other vessel operators to report potential or ex-

Page 902

isting navigational hazards involving pipelines to
the Secretary through Coast Guard field offices.
(b) Secretary’s Response.—
(1) Notification by the operator of a pipeline.—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.
(2) Notification by other persons.—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.
(Added Pub. L. 115–282, title IV, § 401(a), Dec. 4,
2018, 132 Stat. 4259.)
§ 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.
(Added Pub. L. 115–282, title IV, § 401(a), Dec. 4,
2018, 132 Stat. 4259.)
References in Text
Section 10 of the Act of March 3, 1899, popularly known
as the Rivers and Harbors Appropriations Act of 1899, referred to in subsec. (a), means section 10 of act Mar. 3,
1899, ch. 425, 30 Stat. 1151, known as the Rivers and Harbors Appropriation Act of 1899, which is classified to section 403 of Title 33, Navigation and Navigable Waters.

SUBCHAPTER III—CONDITION FOR ENTRY
INTO PORTS IN THE UNITED STATES
§ 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—
(1) has a history of accidents, pollution incidents, or serious repair problems that, as deter-