1625-0042 Stat/Authority

Page 471

§ 70034

TITLE 46—SHIPPING

censing and certification of seafarers that are
comparable to or more stringent than United
States standards or international standards
that are accepted by the United States;
(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.—
(1) IN GENERAL.—The Secretary may allow
provisional entry of a vessel that is not in
compliance with subsection (a), if the owner or
operator of such vessel proves, to the satisfaction of the Secretary, that such vessel is not
unsafe or a threat to the marine environment,
and if such entry is necessary for the safety of
the vessel or persons aboard.
(2) PROVISIONS NOT APPLICABLE.—Paragraphs
(1), (2), (3), and (4) of subsection (a) of this section shall not apply to a vessel allowed provisional entry under paragraph (1) if the owner
or operator of such vessel proves, to the satisfaction of the Secretary, that such vessel is no
longer unsafe or a threat to the marine environment, and is no longer in violation of any
applicable law, treaty, regulation, or condition, as appropriate.
(Added Pub. L. 115–282, title IV, § 401(a), Dec. 4,
2018, 132 Stat. 4260.)
SUBCHAPTER IV—DEFINITIONS, REGULATIONS, ENFORCEMENT, INVESTIGATORY
POWERS, APPLICABILITY
§ 70031. Definitions
As used in subchapters A through C 1 and this
subchapter, unless the context otherwise requires:
(1) The term ‘‘marine environment’’ means—
(A) the navigable waters of the United
States and the land and resources therein
and thereunder;
(B) the waters and fishery resources of any
area over which the United States asserts
exclusive fishery management authority;
(C) the seabed and subsoil of the Outer
Continental Shelf of the United States, the
resources
thereof,
and
the
waters
superjacent thereto; and
(D) the recreational, economic, and scenic
values of such waters and resources.
(2) The term ‘‘Secretary’’ means the Secretary of the department in which the Coast
Guard is operating, except that such term
means the Secretary of Transportation with
respect to the application of this chapter to
the Saint Lawrence Seaway.
(3) The term ‘‘navigable waters of the United
States’’ includes all waters of the territorial
sea of the United States as described in Presidential Proclamation No. 5928 of December 27,
1988.
(Added Pub. L. 115–282, title IV, § 401(a), Dec. 4,
2018, 132 Stat. 4261.)
1 So in original. Probably should be ‘‘subchapters I through
III’’.

REFERENCES IN TEXT
Presidential Proclamation No. 5928, referred to in
par. (3), is set out under section 1331 of Title 43, Public
Lands.

§ 70032. Saint Lawrence Seaway
The authority granted to the Secretary under
sections 70001, 70002, 70003, 70004, and 70011 may
not be delegated with respect to the Saint Lawrence Seaway to any agency other than the
Saint Lawrence Seaway Development Corporation. Any other authority granted the Secretary
under subchapters A through C 1 and this subchapter shall be delegated by the Secretary to
the Saint Lawrence Seaway Development Corporation to the extent the Secretary determines
such delegation is necessary for the proper operation of the Saint Lawrence Seaway.
(Added Pub. L. 115–282, title IV, § 401(a), Dec. 4,
2018, 132 Stat. 4261.)
§ 70033. Limitation on application to foreign vessels
Except pursuant to international treaty, convention, or agreement, to which the United
States is a party, subchapters A through C 1 and
this subchapter shall not apply to any foreign
vessel that is not destined for, or departing
from, a port or place subject to the jurisdiction
of the United States and that is in—
(1) innocent passage through the territorial
sea of the United States; or
(2) transit through the navigable waters of
the United States that form a part of an international strait.
(Added Pub. L. 115–282, title IV, § 401(a), Dec. 4,
2018, 132 Stat. 4261.)
§ 70034. Regulations
(a) IN GENERAL.—In accordance with section
553 of title 5, the Secretary shall issue, and may
from time to time amend or repeal, regulations
necessary to implement subchapters A through
C 1 and this subchapter.
(b) CONSULTATION.—In the exercise of the regulatory authority under subchapters A through
C 1 and this subchapter, the Secretary shall consult with, and receive and consider the views of
all interested persons, including—
(1) interested Federal departments and agencies;
(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 persons 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 es1 So in original. Probably should be ‘‘subchapters I through
III’’.
1 So in original. Probably should be ‘‘subchapters I through
III’’.
1 So in original. Probably should be ‘‘subchapters I through
III’’.

§ 70035

TITLE 46—SHIPPING

tablishment of such committees is considered
necessary because the issues involved are
highly complex or controversial.
(Added Pub. L. 115–282, title IV, § 401(a), Dec. 4,
2018, 132 Stat. 4261.)
SAFETY ZONES FOR PERMITTED MARINE EVENTS
Pub. L. 114–120, title III, § 305, Feb. 8, 2016, 130 Stat. 54,
provided that: ‘‘Not later than 6 months after the date
of the enactment of this Act [Feb. 8, 2016], the Secretary of the department in which the Coast Guard is
operating shall establish and implement a process to—
‘‘(1) account for the number of safety zones established for permitted marine events;
‘‘(2) differentiate whether the event sponsor who requested a permit for such an event is—
‘‘(A) an individual;
‘‘(B) an organization; or
‘‘(C) a government entity; and
‘‘(3) account for Coast Guard resources utilized to
enforce safety zones established for permitted marine
events, including for—
‘‘(A) the number of Coast Guard or Coast Guard
Auxiliary vessels used; and
‘‘(B) the number of Coast Guard or Coast Guard
Auxiliary patrol hours required.’’

§ 70035. Investigatory powers
(a) SECRETARY.—The Secretary may investigate any incident, accident, or act involving
the loss or destruction of, or damage to, any
structure subject to subchapters A through C 1
and this subchapter, or that affects or may affect the safety or environmental quality of the
ports, harbors, or navigable waters of the United
States.
(b) POWERS.—In an investigation under this
section, the Secretary may issue subpoenas to
require the attendance of witnesses and the production of documents or other evidence relating
to such incident, accident, or act. If any person
refuses to obey a subpoena, the Secretary may
request the Attorney General to invoke the aid
of the appropriate district court of the United
States to compel compliance with the subpoena.
Any district court of the United States may, in
the case of refusal to obey a subpoena, issue an
order requiring compliance with the subpoena,
and failure to obey the order may be punished
by the court as contempt. Witnesses may be
paid fees for travel and attendance at rates not
exceeding those allowed in a district court of
the United States.
(Added Pub. L. 115–282, title IV, § 401(a), Dec. 4,
2018, 132 Stat. 4262.)
§ 70036. Enforcement
(a) CIVIL PENALTY.—
(1) IN GENERAL.—Any person who is found by
the Secretary, after notice and an opportunity
for a hearing, to have violated subchapters A
through C 1 or this subchapter or a regulation
issued under subchapters A through C 1 or this
subchapter shall be liable to the United States
for a civil penalty, not to exceed $25,000 for
each violation. Each day of a continuing violation shall constitute a separate violation. The
1 So in original. Probably should be ‘‘subchapters I through
III’’.
1 So in original. Probably should be ‘‘subchapters I through
III’’.

Page 472

amount of such civil penalty shall be assessed
by the Secretary, or the Secretary’s designee,
by written notice. In determining the amount
of such penalty, the Secretary shall take into
account the nature, circumstances, extent,
and gravity of the prohibited acts committed
and, with respect to the violator, the degree of
culpability, any history of prior offenses, ability to pay, and such other matters as justice
may require.
(2) COMPROMISE, MODIFICATION, OR REMISSION.—The Secretary may compromise, modify, or remit, with or without conditions, any
civil penalty that is subject to imposition or
that has been imposed under this section.
(3) FAILURE TO PAY PENALTY.—If any person
fails to pay an assessment of a civil penalty
after it has become final, the Secretary may
refer the matter to the Attorney General of
the United States, for collection in any appropriate district court of the United States.
(b) CRIMINAL PENALTY.—
(1) CLASS D FELONY.—Any person who willfully and knowingly violates subchapters A
through C 1 or this subchapter or any regulation issued thereunder commits a class D felony.
(2) CLASS C FELONY.—Any person who, in the
willful and knowing violation of subchapters A
through C 1 or this subchapter or of any regulation issued thereunder, uses a dangerous
weapon, or engages in conduct that causes
bodily injury or fear of imminent bodily injury to any officer authorized to enforce the
provisions of such a subchapter or the regulations issued under such subchapter, commits a
class C felony.
(c) IN REM LIABILITY.—Any vessel that is used
in violation of subchapters A, B, or C 2 or this
subchapter, or any regulations issued under such
subchapter, shall be liable in rem for any civil
penalty assessed pursuant to subsection (a) and
may be proceeded against in the United States
district court for any district in which such vessel may be found.
(d) INJUNCTION.—The United States district
courts shall have jurisdiction to restrain violations of subchapter A, B, or C 2 or this subchapter or of regulations issued under such subchapter, for cause shown.
(e) DENIAL OF ENTRY.—Except as provided in
section 70021, the Secretary may, subject to recognized principles of international law, deny
entry by any vessel that is not in compliance
with subchapter A, B, or C 2 or this subchapter
or the regulations issued under such subchapter—
(1) into the navigable waters of the United
States; or
(2) to any port or place under the jurisdiction of the United States.
(f) WITHHOLDING OF CLEARANCE.—
(1) IN GENERAL.—If any owner, operator, or
individual in charge of a vessel is liable for a
penalty or fine under this section, or if reasonable cause exists to believe that the owner, operator, or individual in charge may be subject
to a penalty or fine under this section, the
2 So

in original. Probably should be ‘‘subchapter I, II, or III’’.