1625-0100 Stat/Authority

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TITLE 46—SHIPPING
Editorial Notes
AMENDMENTS

2018—Pub. L. 115–282, title IV, § 401(b), Dec. 4, 2018, 132
Stat. 4263, added item for chapter 700.
2008—Pub. L. 110–181, div. C, title XXXV, § 3529(c)(1),
Jan. 28, 2008, 122 Stat. 603, repealed Pub. L. 109–304,
§ 9(a). See 2006 Amendment note below.
2006—Pub. L. 109–304, § 10(1), Oct. 6, 2006, 120 Stat. 1683,
amended analysis generally, substituting ‘‘Security
and Drug Enforcement’’ for ‘‘Miscellaneous’’ in subtitle
heading and adding items for chapters 703 and 705.
Pub. L. 109–304, § 9(a), Oct. 6, 2006, 120 Stat. 1674, which
directed amendment identical to that made by Pub. L.
109–241, was repealed by Pub. L. 110–181, § 3529(c)(1), with
Pub. L. 109–304, § 9(a), to be treated as if never enacted.
See note below.
Pub. L. 109–241, title IX, § 901(k)(1), July 11, 2006, 120
Stat. 564, redesignated subtitle VI of this title as subtitle VII.

CHAPTER 700—PORTS AND WATERWAYS
SAFETY
SUBCHAPTER I—VESSEL OPERATIONS
Sec.

70001.
70002.
70003.
70004.
70005.
70006.

Vessel traffic services.
Special powers.
Port access routes.
Considerations by Secretary.
International agreements.
Establishment by the Secretary of the department in which the Coast Guard is operating
of anchorage grounds and regulations generally.1
SUBCHAPTER II—PORTS AND WATERWAYS
SAFETY

70011.
70012.
70013.

Waterfront safety.
Navigational hazards.
Requirement to notify Coast Guard of release
of objects into the navigable waters of the
United States.
70014.
Aiming laser pointer at vessel.
SUBCHAPTER III—CONDITIONS FOR ENTRY INTO
PORTS IN THE UNITED STATES
70021.

Conditions for entry into ports in the United
States.
70022.
Prohibition on entry and operation.
SUBCHAPTER IV—DEFINITIONS REGULATIONS,
ENFORCEMENT, INVESTIGATORY POWERS, APPLICABILITY 2
70031.
Definitions.
70032.
Saint Lawrence Seaway.
70033.
Limitation on application to foreign vessels.
70034.
Regulations.
70035.
Investigatory powers.
70036.
Enforcement.
SUBCHAPTER V—REGATTAS AND MARINE
PARADES
70041.
Regattas and marine parades.
SUBCHAPTER VI—REGULATION OF VESSELS IN
TERRITORIAL WATERS OF THE UNITED STATES 2
70051.
70052.
70053.
70054.

Regulation of anchorage and movement of
vessels during national emergency.
Seizure and forfeiture of vessel; fine and imprisonment.
Enforcement provisions.
Definitions.
Editorial Notes
AMENDMENTS

2021—Pub. L. 116–283, div. G, title LVXXXIII
[LXXXIII], § 8342(b), title LVXXXV, §§ 8501(b)(5),
1 So
2 So

in original. Does not conform to section catchline.
in original. Does not conform to subchapter heading.

§ 70001

8507(a)(3), 8508(2)(C), Jan. 1, 2021, 134 Stat. 4709, 4746,
4753, 4755, inserted ‘‘Sec.’’ before item 70001, added
items 70006, 70014, and 70022, and substituted ‘‘Conditions for entry into ports in the United States’’ for
‘‘Conditions for entry to ports in the united states’’ in
item 70021, ‘‘SUBCHAPTER I’’ for ‘‘SUBCHAPTER A’’,
‘‘SUBCHAPTER II’’ for ‘‘SUBCHAPTER B’’, ‘‘SUBCHAPTER III’’ for ‘‘SUBCHAPTER C’’, ‘‘SUBCHAPTER IV’’ and ‘‘SUBCHAPTER D’’, ‘‘SUBCHAPTER V’’ for ‘‘SUBCHAPTER E’’, and ‘‘SUBCHAPTER VI’’ for ‘‘SUBCHAPTER F’’. Items 70014 and
70022 were added to this analysis after items 70013 and
70021, respectively, to reflect the probable intent of
Congress, notwithstanding errors in directory language.
2018—Pub. L. 115–282, title IV, §§ 406(b), 407(e), Dec. 4,
2018, 132 Stat. 4266, 4267, added items for subchapters E
and F and items 70041 and 70051 to 70054.

SUBCHAPTER I—VESSEL OPERATIONS
§ 70001. Vessel traffic services
(a) IN GENERAL.—Subject to the requirements
of section 70004, the Secretary—
(1) in any port or place under the jurisdiction of the United States, in the navigable waters of the United States, or in any area covered by an international agreement negotiated
pursuant to section 70005, may construct, operate, maintain, improve, or expand vessel traffic services, that consist of measures for controlling or supervising vessel traffic or for protecting navigation and the marine environment and that may include one or more of reporting and operating requirements, surveillance and communications systems, routing
systems, and fairways;
(2) shall require appropriate vessels that operate in an area of a vessel traffic service to
utilize or comply with that service;
(3) may require vessels to install and use
specified navigation equipment, communications equipment, electronic relative motion
analyzer equipment, or any electronic or other
device necessary to comply with a vessel traffic service or that is necessary in the interests
of vessel safety, except that the Secretary
shall not require fishing vessels under 300
gross tons as measured under section 14502, or
an alternate tonnage measured under section
14302 as prescribed by the Secretary under section 14104, or recreational vessels 65 feet or
less to possess or use the equipment or devices
required by this subsection solely under the
authority of this chapter;
(4) may control vessel traffic in areas subject to the jurisdiction of the United States
that the Secretary determines to be hazardous, or under conditions of reduced visibility, adverse weather, vessel congestion, or
other hazardous circumstances, by—
(A) specifying times of entry, movement,
or departure;
(B) establishing vessel traffic routing
schemes;
(C) establishing vessel size, speed, or draft
limitations and vessel operating conditions;
and
(D) restricting operation, in any hazardous
area or under hazardous conditions, to vessels that have particular operating characteristics or capabilities that the Secretary
considers necessary for safe operation under
the circumstances;

§ 70001

TITLE 46—SHIPPING

(5) may require the receipt of prearrival
messages from any vessel, destined for a port
or place subject to the jurisdiction of the
United States, in sufficient time to permit advance vessel traffic planning before port entry,
which shall include any information that is
not already a matter of record and that the
Secretary determines necessary for the control of the vessel and the safety of the port or
the marine environment; and
(6) may prohibit the use on vessels of electronic or other devices that interfere with
communication and navigation equipment, except that such authority shall not apply to
electronic or other devices certified to transmit in the maritime services by the Federal
Communications Commission and used within
the frequency bands 157.1875–157.4375 MHz and
161.7875–162.0375 MHz.
(b) NATIONAL POLICY.—
(1) ESTABLISHMENT AND UPDATE OF NATIONAL
POLICY.—
(A) ESTABLISHMENT OF POLICY.—Not later
than one year after the date of enactment of
this section, the Secretary shall establish a
national policy which is inclusive of local
variances permitted under subsection (c), to
be applied to all vessel traffic service centers and publish such policy in the Federal
Register.
(B) UPDATE.—The Secretary shall periodically update the national policy established
under subparagraph (A) and shall publish
such update in the Federal Register or on a
publicly available website.
(2) ELEMENTS.—The national policy established and updated under paragraph (1) shall
include, at a minimum, the following:
(A) Standardization of titles, roles, and responsibilities for all personnel assigned,
working, or employed in a vessel traffic
service center.
(B) Standardization of organizational
structure within vessel traffic service centers, to include supervisory and reporting
chain and processes.
(C) Establishment of directives for the application of authority provided to each vessel traffic service center, specifically with
respect to directing or controlling vessel
movement when such action is justified in
the interest of safety.
(D) Establishment of thresholds and measures for monitoring, informing, recommending, and directing vessel traffic.
(E) Establishment of national procedures
and protocols for vessel traffic management.
(F) Standardization of training for all vessel traffic service directors, operators, and
watchstanders.
(G) Establishment of certification and
competency evaluation for all vessel traffic
service
directors,
operators,
and
watchstanders.
(H) Establishment of standard operating
language when communicating with vessel
traffic users.
(I) Establishment of data collection, storage, management, archiving, and dissemination policies and procedures for vessel incidents and near-miss incidents.

Page 502

(c) LOCAL VARIANCES.—
(1) DEVELOPMENT.—In this section, the Secretary may provide for such local variances as
the Secretary considers appropriate to account for the unique vessel traffic, waterway
characteristics, and any additional factors
that are appropriate to enhance navigational
safety in any area where vessel traffic services
are provided.
(2) REVIEW AND APPROVAL BY SECRETARY.—
The Captain of the Port covered by a vessel
traffic service center may develop and submit
to the Secretary regional policies in addition
to the national policy established and updated
under subsection (b) to account for variances
from that national policy with respect to local
vessel traffic conditions and volume, geography, water body characteristics, waterway
usage, and any additional factors that the
Captain considers appropriate.
(3) REVIEW AND IMPLEMENTATION.—Not later
than 180 days after receiving regional policies
under paragraph (2)—
(A) the Secretary shall review such regional policies; and
(B) the Captain of the port concerned shall
implement the policies that the Secretary
approves.
(4) MAINTENANCE.—The Secretary shall
maintain a central depository for all local
variances approved under this section.
(d) COOPERATIVE AGREEMENTS.—
(1) IN GENERAL.—The Secretary may enter
into cooperative agreements with public or
private agencies, authorities, associations, institutions, corporations, organizations, or
other persons to carry out the functions under
subsection (a)(1).
(2) INTERNATIONAL COORDINATION.—With respect to vessel traffic service areas that cross
international boundaries, the Secretary may
enter into bilateral or cooperative agreements
with international partners to jointly carry
out the functions under subsection (a)(1) and
to jointly manage such areas to collect, share,
assess, and analyze information in the possession or control of the international partner.
(3) LIMITATION.—
(A) INHERENTLY GOVERNMENTAL FUNCTION.—A nongovernmental entity may not
under this subsection carry out an inherently governmental function.
(B) DEFINITION OF INHERENTLY GOVERNMENTAL FUNCTION.—In this paragraph, the
term ‘‘inherently governmental function’’
means any activity that is so intimately related to the public interest as to mandate
performance by an officer or employee of the
Federal Government, including an activity
that requires either the exercise of discretion in applying the authority of the Government or the use of judgment in making a
decision for the Government.
(4) DISCLOSURE.—The Commandant of the
Coast Guard shall de-identify information
prior to release to the public, including near
miss incidents.
(e) PERFORMANCE EVALUATION.—
(1) IN GENERAL.—The Secretary shall develop
and implement a standard method for evalu-

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TITLE 46—SHIPPING

ating the performance of vessel traffic service
centers.
(2) ELEMENTS.—The standard method developed and implemented under paragraph (1)
shall include, at a minimum, analysis and collection of data with respect to the following
within a vessel traffic service area covered by
each vessel traffic service center:
(A) Volume of vessel traffic, categorized by
type of vessel.
(B) Total volume of flammable, combustible, or hazardous liquid cargo transported,
categorized by vessel type as provided in the
Notice of Arrival, if applicable, or as determined by other means.
(C) Data on near-miss incidents.
(D) Data on marine casualties.
(E) Application by vessel traffic operators
of traffic management authority during
near-miss incidents and marine casualties.
(F) Other additional methods as the Secretary considers appropriate.
(3) REPORT.—Not later than 1 year after the
date of the enactment of this paragraph, and
biennially thereafter, the Secretary shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of Representatives a report
on the evaluation conducted under paragraph
(1) of the performance of vessel traffic service
centers, including—
(A) recommendations to improve safety
and performance; and
(B) data regarding marine casualties and
near-miss incidents that have occurred during the period covered by the report.
(f) RISK ASSESSMENT PROGRAM.—
(1) IN GENERAL.—The Secretary shall develop
a continuous risk assessment program to
evaluate and mitigate safety risks for each
vessel traffic service area to improve safety
and reduce the risks of oil and hazardous material discharge in navigable waters.
(2) METHOD FOR ASSESSMENT.—The Secretary, in coordination with stakeholders and
the public, shall develop a standard method
for conducting risk assessments under paragraph (1) that includes the collection and management of all information necessary to identify and analyze potential hazardous navigational trends within a vessel traffic service
area.
(3) INFORMATION TO BE ASSESSED.—
(A) IN GENERAL.—The Secretary shall ensure that a risk assessment conducted under
paragraph (1) includes an assessment of the
following:
(i) Volume of vessel traffic, categorized
by type of vessel.
(ii) Total volume of flammable, combustible, or hazardous liquid cargo transported, categorized by vessel type as provided in the Notice of Arrival, if applicable, or as determined by other means.
(iii) Data on near-miss events incidents.
(iv) Data on marine casualties.
(v) Geographic locations for near-miss
events incidents and marine casualties, including latitude and longitude.

§ 70001

(vi) Cyclical risk factors such as weather, seasonal water body currents, tides, bathymetry, and topography.
(vii) Weather data, in coordination with
the National Oceanic and Atmospheric Administration.
(B) INFORMATION STORAGE AND MANAGEMENT POLICIES.—The Secretary shall retain
all information collected under subparagraph (A) and ensure policies and procedures
are in place to standardize the format in
which that information is retained to facilitate statistical analysis of that information
to calculate within a vessel traffic service
area, at a minimum, the incident rate, intervention rate, and casualty prevention rate.
(4) PUBLIC AVAILABILITY.—
(A) ASSESSMENTS AND INFORMATION.—In accordance with section 552 of title 5, the Secretary shall make any risk assessments conducted under paragraph (1) and any information collected under paragraph (3)(A) available to the public.
(B) INFORMATION IN POSSESSION OR CONTROL
OF INTERNATIONAL PARTNERS.—The Secretary
shall endeavor to coordinate with international partners as described in subsection
(d)(2) to enter into agreements to make information collected, shared, and analyzed
under that paragraph available to the public.
(C) DISCLOSURE.—The Commandant of the
Coast Guard shall de-identify information
prior to release to the public, including
near-miss incidents.
(g) VESSEL TRAFFIC SERVICE TRAINING.—
(1) TRAINING PROGRAM.—
(A) IN GENERAL.—The Secretary shall develop a comprehensive nationwide training
program for all vessel traffic service directors, operators, and watchstanders.
(B) ELEMENTS.—The comprehensive nationwide training program under subparagraph (A) and any variances to that program
under subsection (c) shall include, at a minimum, the following:
(i) Realistic vessel traffic scenarios to
the maximum extent practicable that integrate—
(I) the national policy developed under
subsection (b);
(II) international rules under the International Navigational Rules Act of 1977
(33 U.S.C. 1601 et seq.);
(III) inland navigation rules under part
83 of title 33, Code of Federal Regulations;
(IV) the application of vessel traffic
authority; and
(V) communication with vessel traffic
service users.
(ii) Proficiency training with respect to
use, interpretation, and integration of
available data on vessel traffic service display systems such as radar, and vessel
automatic identification system feeds.
(iii) Practical application of—
(I) the international rules under the
International Navigational Rules Act of
1977 (33 U.S.C. 1601 et seq.); and

§ 70001

TITLE 46—SHIPPING
(II) the inland navigation rules under
part 83 of title 33, Code of Federal Regulations.

(iv) Proficiency training with respect to
the operation of radio communications
equipment and any other applicable systems necessary to execute vessel traffic
service authorities.
(v) Incorporation of the Standard Marine
Communication Phrases adopted by the
International Maritime Organization by
resolution on April 4, 2000, as amended and
consolidated, or any successor resolution.
(vi) Incorporation to the maximum extent possible of guidance and recommendations contained in vessel traffic services
operator training, vessel traffic services
supervisor training, or other relevant
training set forth by the International Association of Marine Aids to Navigation and
Lighthouse Authorities.
(vii) A minimum number of hours of
training for an individual to complete before the individual is qualified to fill a vessel traffic services position without supervision.
(viii) Local area geographic and operational familiarization.
(ix) Such additional components as the
Secretary considers appropriate.
(2) STANDARD COMPETENCY QUALIFICATION
PROCESS.—
(A) IN GENERAL.—The Secretary shall develop a standard competency qualification
process to be applied to all personnel assigned, employed, or working in a vessel
traffic service center.
(B) APPLICATION OF PROCESS.—The competency qualification process developed
under subparagraph (A) shall include measurable thresholds for determining proficiency.
(3) INTERNATIONAL AND INLAND NAVIGATION
RULES TEST.—
(A) IN GENERAL.—All personnel assigned,
employed, or working in a vessel traffic
service center with responsibilities that include communicating, interacting, or directing vessels within a vessel traffic service
area, as determined under the national policy developed under subsection (b), shall be
required to pass a United States international and inland navigation rules test developed by the Secretary.
(B) ELEMENTS OF TEST.—The Secretary
shall determine the content and passing
standard for the rules test developed under
subparagraph (A).
(C) TESTING FREQUENCY.—The Secretary
shall establish a frequency, not to exceed
once every 5 years, for personnel described
in subparagraph (A) to be required to pass
the rules test developed under such subparagraph.
(h) RESEARCH ON VESSEL TRAFFIC.—
(1) VESSEL COMMUNICATION.—The Secretary
shall conduct research, in consultation with
subject matter experts identified by the Secretary, to develop more effective procedures

Page 504

for monitoring vessel communications on
radio frequencies to identify and address unsafe situations in a vessel traffic service area.
The Secretary shall consider data collected
under subparagraph (A) of subsection (f)(3).
(2) PROFESSIONAL MARINER REPRESENTATION.—
(A) IN GENERAL.—The Secretary shall conduct research, in consultation with local
stakeholders and subject matter experts
identified by the Secretary, to evaluate and
determine the feasibility, costs and benefits
of representation by professional mariners
on the vessel traffic service watchfloor at
each vessel traffic service center.
(B) IMPLEMENTATION.—The Secretary shall
implement representation by professional
mariners on the vessel traffic service
watchfloor at those vessel traffic service
centers for which it is determined feasible
and beneficial pursuant to research conducted under subparagraph (A).
(i) INCLUSION OF IDENTIFICATION SYSTEM ON
CERTAIN VESSELS.—
(1) IN GENERAL.—The National Navigation
Safety Advisory Committee shall advise and
provide recommendations to the Secretary on
matters relating to the practicability, economic costs, regulatory burden, and navigational impact of outfitting vessels lacking
independent means of propulsion that carry
flammable, combustible, or hazardous liquid
cargo with vessel automatic identification
systems.
(2) REGULATIONS.—Based on the evaluation
under paragraph (1), the Secretary shall prescribe such regulations as the Secretary considers appropriate to establish requirements
relating to the outfitting of vessels described
in such subparagraph with vessel automatic
identification systems.
(j) PERIODIC REVIEW OF VESSEL TRAFFIC SERVNEEDS.—
(1) IN GENERAL.—Based on the performance
evaluation conducted under subsection (e) and
the risk assessment conducted under subsection (f), the Secretary shall periodically review vessel traffic service areas to determine—
(A) if there are any additional vessel traffic service needs in those areas; and
(B) if a vessel traffic service area should be
moved or modified.

ICE

(2) INFORMATION TO BE ASSESSED.—
(A) IN GENERAL.—The Secretary shall ensure that a review conducted under paragraph (1) includes an assessment of the following:
(i) Volume of vessel traffic, categorized
by type of vessel.
(ii) Total volume of flammable, combustible, or hazardous liquid cargo transported, categorized by vessel type as provided in the Notice of Arrival, if applicable, or as determined by other means.
(iii) Data on near miss incidents.
(iv) Data on marine casualties.
(v) Geographic locations for near-miss
incidents and marine casualties, including
latitude and longitude.
(vi) Cyclical risk factors such as weather, seasonal water body currents, tides, bathymetry, and topography.

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(vii) Weather data, in coordination with
the National Oceanic and Atmospheric Administration.
(3) STAKEHOLDER INPUT.—In conducting the
periodic reviews under paragraph (1), the Secretary shall seek input from port and waterway stakeholders to identify areas of increased vessel conflicts or marine casualties
that could benefit from the use of routing
measures or vessel traffic service special areas
to improve safety, port security, and environmental protection.
(4) DISCLOSURE.—The Commandant of the
Coast Guard shall de-identify information
prior to release to the public, including near
miss incidents.
(k) LIMITATION OF LIABILITY FOR COAST GUARD
VESSEL TRAFFIC SERVICE PILOTS AND NON-FEDERAL VESSEL TRAFFIC SERVICE OPERATORS.—
(1) COAST GUARD VESSEL TRAFFIC SERVICE PILOTS.—Any pilot, acting in the course and
scope of his or her duties while at a Coast
Guard Vessel Traffic Service Center, who provides information, advice, or communication
assistance while under the supervision of a
Coast Guard officer, member, or employee
shall not be liable for damages caused by or
related to such assistance unless the acts or
omissions of such pilot constitute gross negligence or willful misconduct.
(2) NON-FEDERAL VESSEL TRAFFIC SERVICE OPERATORS.—An entity operating a non-Federal
vessel traffic information service or advisory
service pursuant to a duly executed written
agreement with the Coast Guard, and any
pilot acting on behalf of such entity, is not
liable for damages caused by or related to information, advice, or communication assistance provided by such entity or pilot while so
operating or acting unless the acts or omissions of such entity or pilot constitute gross
negligence or willful misconduct.
(l) EXISTING AUTHORITY.—Nothing in this section shall be construed to alter the existing authorities of the Secretary to enhance navigation, vessel safety, marine environmental protection, and to ensure safety and preservation of
life and property at sea.
(m) DEFINITIONS.—In this section:
(1) HAZARDOUS LIQUID CARGO.—The term
‘‘hazardous liquid cargo’’ has the meaning
given that term in regulations prescribed
under section 5103 of title 49.
(2) MARINE CASUALTY.—The term ‘‘marine
casualty’’ has the meaning given that term in
regulations prescribed under section 6101(a).
(3) VESSEL TRAFFIC SERVICE AREA.—The term
‘‘vessel traffic service area’’ means an area
specified in subpart C of part 161 of title 33,
Code of Federal Regulations, or any successor
regulation.
(4) VESSEL TRAFFIC SERVICE CENTER.—The
term ‘‘vessel traffic service center’’ means a
center for the provision of vessel traffic services in a vessel traffic service area.
(5) NEAR MISS INCIDENT.—The term ‘‘near
miss incident’’ means any occurrence or series
of occurrences having the same origin, involving one or more vessels, facilities, or any combination thereof, resulting in the substantial
threat of a marine casualty.

(6) DE-IDENTIFIED.—The term ‘‘de-identified’’
means the process by which all information
that is likely to establish the identity of the
specific persons or entities noted in the reports, data, or other information is removed
from the reports, data, or other information.
(Added Pub. L. 115–282, title IV, § 401(a), Dec. 4,
2018, 132 Stat. 4253; amended Pub. L. 116–283, div.
G, title LVXXXIII [LXXXIII], § 8345, Jan. 1, 2021,
134 Stat. 4711.)
Editorial Notes
REFERENCES IN TEXT
The date of enactment of this section, referred to in
subsec. (b)(1)(A), probably means the date of enactment
of Pub. L. 116–283, which amended this section generally and was approved Jan. 1, 2021.
The date of the enactment of this paragraph, referred
to in subsec. (e)(3), is the date of enactment of Pub. L.
116–283, which was approved Jan. 1, 2021.
The International Navigational Rules Act of 1977, referred to in subsec. (g)(1)(B)(i)(II), (iii)(I), is Pub. L.
95–75, July 27, 1977, 91 Stat. 308, which is classified principally to chapter 30 (§ 1601 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification
of this Act to the Code, see Short Title note set out
under section 1601 of Title 33 and Tables.
AMENDMENTS
2021—Pub. L. 116–283 amended section generally. Prior
to amendment, section consisted of subsecs. (a) to (c)
relating to establishment of vessel traffic services, cooperative agreements, and limitation of liability for
Coast Guard Vessel Traffic Service pilots and non-federal vessel traffic service operators, respectively.
Statutory Notes and Related Subsidiaries
NO WAKE ZONES IN NAVIGATION CHANNELS
Pub. L. 114–322, title I, § 1149, Dec. 16, 2016, 130 Stat.
1660, as amended by Pub. L. 116–260, div. AA, title III,
§ 347, Dec. 27, 2020, 134 Stat. 2715, provided that:
‘‘(a) IN GENERAL.—At the request of a State or local
official, the Secretary [of the Army], in consultation
with the Commandant of the Coast Guard, shall
promptly identify and, subject to the considerations in
subsection (b), allow the implementation of measures
for addressing navigation safety hazards in a covered
navigation channel resulting from wakes created by
covered vessels identified by such official, while maintaining the navigability of the channel.
‘‘(b) CONSIDERATIONS.—In identifying measures under
subsection (a) with respect to a covered navigation
channel, the Secretary shall consider, at a minimum,
whether—
‘‘(1) State or local law enforcement officers have
documented the existence of safety hazards in the
channel that are the direct result of excessive wakes
from covered vessels present in the channel;
‘‘(2) the Secretary has made a determination that
safety concerns exist in the channel and that the proposed measures will remedy those concerns without
significant impacts to the navigable capacity of the
channel; and
‘‘(3) the measures are consistent with any recommendations made by the Commandant of the
Coast Guard to ensure the safety of vessels operating
in the channel and the safety of the passengers and
crew aboard such vessels.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) COVERED NAVIGATION CHANNEL.—The term ‘covered navigation channel’ means a navigation channel
that—
‘‘(A) is federally marked or maintained;
‘‘(B) is part of the Atlantic Intracoastal Waterway; and

§ 70002

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‘‘(C) is adjacent to a marina.
‘‘(2) COVERED VESSEL.—The term ‘covered vessel’
means a recreational vessel or an uninspected passenger vessel, as such terms are defined in section
2101 of title 46, United States Code.
‘‘(d) SAVINGS CLAUSE.—Nothing in this section shall
be construed to relieve the master, pilot, or other person responsible for determining the speed of a vessel
from the obligation to comply with the inland navigation regulations promulgated pursuant to section 3 of
the Inland Navigational Rules Act of 1980 (33 U.S.C.
2071) or any other applicable laws or regulations governing the safe navigation of a vessel.’’
NOTICE OF ARRIVAL FOR FOREIGN VESSELS ON THE
OUTER CONTINENTAL SHELF
Pub. L. 112–213, title VII, § 704, Dec. 20, 2012, 126 Stat.
1580, provided that: ‘‘The regulations required under
section 109(a) of the Security and Accountability For
Every Port Act of 2006 [Pub. L. 109–347] (33 U.S.C. 1223
note) [now 46 U.S.C. 70001 note] dealing with notice of
arrival requirements for foreign vessels on the Outer
Continental Shelf shall not apply to a vessel documented under section 12105 of title 46, United States
Code, unless the vessel arrives from a foreign port or
place.’’
Pub. L. 109–347, title I, § 109, Oct. 13, 2006, 120 Stat.
1893, provided that:
‘‘(a) NOTICE OF ARRIVAL.—Not later than 180 days
after the date of the enactment of this Act [Oct. 13,
2006], the Secretary of the department in which the
Coast Guard is operating shall update and finalize the
rulemaking on notice of arrival for foreign vessels on
the Outer Continental Shelf.
‘‘(b) CONTENT OF REGULATIONS.—The regulations promulgated pursuant to subsection (a) shall be consistent
with information required under the Notice of Arrival
under section 160.206 of title 33, Code of Federal Regulations, as in effect on the date of the enactment of this
Act [Oct. 13, 2006].’’

§ 70002. Special powers
The Secretary may order any vessel, in a port
or place subject to the jurisdiction of the United
States or in the navigable waters of the United
States, to operate or anchor in a manner the
Secretary directs if—
(1) the Secretary has reasonable cause to believe such vessel does not comply with any
regulation issued under section 70034 or any
other applicable law or treaty;
(2) the Secretary determines such vessel
does not satisfy the conditions for port entry
set forth in section 70021 or 70022 of this title;
or
(3) by reason of weather, visibility, sea conditions, port congestion, other hazardous circumstances, or the condition of such vessel,
the Secretary is satisfied such direction is justified in the interest of safety.
(Added Pub. L. 115–282, title IV, § 401(a), Dec. 4,
2018, 132 Stat. 4255; amended Pub. L. 116–283, div.
G, title LVXXXV [LXXXV], § 8508(2)(A), Jan. 1,
2021, 134 Stat. 4755.)
Editorial Notes
AMENDMENTS
2021—Par. (2). Pub. L. 116–283 inserted ‘‘or 70022’’ after
‘‘section 70021’’.

§ 70003. Port access routes
(a) AUTHORITY TO DESIGNATE.—Except as provided in subsection (b) and subject to the re-

Page 506

quirements of subsection (c), in order to provide
safe access routes for the movement of vessel
traffic proceeding to or from ports or places subject to the jurisdiction of the United States, the
Secretary shall designate necessary fairways
and traffic separation schemes for vessels operating in the territorial sea of the United States
and in high seas approaches, outside the territorial sea, to such ports or places. Such a designation shall recognize, within the designated
area, the paramount right of navigation over all
other uses.
(b) LIMITATION.—
(1) IN GENERAL.—No designation may be
made by the Secretary under this section if—
(A) the Secretary determines such a designation, as implemented, would deprive any
person of the effective exercise of a right
granted by a lease or permit executed or
issued under other applicable provisions of
law; and
(B) such right has become vested before
the time of publication of the notice required by paragraph (1) of subsection (c).
(2) CONSULTATION REQUIRED.—The Secretary
shall make the determination under paragraph
(1)(A) after consultation with the head of the
agency responsible for executing the lease or
issuing the permit.
(c) CONSIDERATION OF OTHER USES.—Before
making a designation under subsection (a), and
in accordance with the requirements of section
70004, the Secretary shall—
(1) undertake a study of the potential traffic
density and the need for safe access routes for
vessels in any area for which fairways or traffic separation schemes are proposed or that
may otherwise be considered and publish notice of such undertaking in the Federal Register;
(2) in consultation with the Secretary of
State, the Secretary of the Interior, the Secretary of Commerce, the Secretary of the
Army, and the Governors of affected States, as
their responsibilities may require, take into
account all other uses of the area under consideration, including, as appropriate, the exploration for, or exploitation of, oil, gas, or
other mineral resources, the construction or
operation of deepwater ports or other structures on or above the seabed or subsoil of the
submerged lands or the Outer Continental
Shelf of the United States, the establishment
or operation of marine or estuarine sanctuaries, and activities involving recreational
or commercial fishing; and
(3) to the extent practicable, reconcile the
need for safe access routes with the needs of
all other reasonable uses of the area involved.
(d) STUDY.—In carrying out the Secretary’s responsibilities under subsection (c), the Secretary shall—
(1) proceed expeditiously to complete any
study undertaken; and
(2) after completion of such a study, promptly—
(A) issue a notice of proposed rulemaking
for the designation contemplated; or
(B) publish in the Federal Register a notice that no designation is contemplated as