1625-0019 Stat/Authority

33usc2071_2022.pdf

Alternative Compliance for International and Inland Navigation Rules -- 33 CFR Parts 81 through 89

1625-0019 Stat/Authority

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TITLE 33—NAVIGATION AND NAVIGABLE WATERS

Section 2029, Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat.
3428, related to Rule 29, lights and shapes of pilot vessels.
Section 2030, Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat.
3429, related to Rule 30, lights and shapes of anchored
vessels and vessels aground.
Section 2031, Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat.
3429, related to Rule 31, lights and shapes of seaplanes.
Section 2032, Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat.
3429, related to Rule 32, definitions of sound signals.
Section 2033, Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat.
3430, related to Rule 33, equipment for sound signals.
Section 2034, Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat.
3430; Pub. L. 104–324, title VII, § 701(6), Oct. 19, 1996, 110
Stat. 3933, related to Rule 34, maneuvering and warning
signals.
Section 2035, Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat.
3431, related to Rule 35, sound signals in restricted visibility.
Section 2036, Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat.
3432, related to Rule 36, signals to attract attention.
Section 2037, Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat.
3432, related to Rule 37, distress signals.
Section 2038, Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat.
3432, related to Rule 38, exemptions.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Pub. L. 108–293, title III, § 303(a), (c), Aug. 9, 2004, 118
Stat. 1042, provided that the repeal of this subchapter
by section 303(a) is effective on the effective date of
final regulations prescribed by the Secretary of the Department in which the Coast Guard is operating under
section 2071 of this title. Repeal effective May 17, 2010,
and Inland Navigation Rules moved to 33 CFR part 83.
See 75 F.R. 19544, Apr. 15, 2010.
SHORT TITLE
Pub. L. 96–591, § 1, Dec. 24, 1980, 94 Stat. 3415, provided:
‘‘That this Act [enacting this chapter, amending sections 151, 1604, 1605, and 1608 of this title, repealing sections 154 to 159, 171 to 183, 191, 192, 201 to 213, 221, 222,
231, 232, 241 to 244, 251 to 262, 271, 272, 281 to 295, 301 to
303, 311 to 323, 331, 341 to 356, 360, and 360a of this title
and sections 526b, 526c, and 526d of former Title 46,
Shipping, and enacting provisions set out as notes
under this section] may be cited as the ‘Inland Navigational Rules Act of 1980’.’’

SUBCHAPTER II—MISCELLANEOUS
PROVISIONS
§ 2071. Inland navigation rules
The Secretary of the Department in which the
Coast Guard is operating may issue inland navigation regulations applicable to all vessels upon
the inland waters of the United States and technical annexes that are as consistent as possible
with the respective annexes to the International
Regulations.
(Pub. L. 96–591, § 3, Dec. 24, 1980, 94 Stat. 3433;
Pub. L. 108–293, title III, § 303(b), Aug. 9, 2004, 118
Stat. 1042.)
Editorial Notes
REFERENCES IN TEXT
The International Regulations, referred to in text,
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 this
title.
AMENDMENTS
2004—Pub. L. 108–293 amended section catchline and
text generally. Prior to amendment, text read as fol-

§ 2072

lows: ‘‘The Secretary may issue regulations necessary
to implement and interpret this chapter. The Secretary
shall establish the following technical annexes to these
Rules: Annex I, Positioning and Technical Details of
Lights and Shapes; Annex II, Additional Signals for
Fishing Vessels Fishing in Close Proximity; Annex III,
Technical Details of Sound Appliances; and Annex IV,
Distress Signals. These annexes shall be as consistent
as possible with the respective annexes to the International Regulations. The Secretary may establish
other technical annexes, including local pilot rules.’’

§ 2072. Violations of Inland Navigational Rules
(a) Liability of operator for civil penalty
Whoever operates a vessel in violation of this
chapter, or of any regulation issued thereunder,
or in violation of a certificate of alternative
compliance issued under Rule 1 is liable to a
civil penalty of not more than $5,000 for each
violation.
(b) Liability of vessel for civil penalty; seizure of
vessel
Every vessel subject to this chapter, other
than a public vessel being used for noncommercial purposes, that is operated in violation of
this chapter, or of any regulation issued thereunder, or in violation of a certificate of alternative compliance issued under Rule 1 is liable
to a civil penalty of not more than $5,000 for
each violation, for which penalty the vessel may
be seized and proceeded against in the district
court of the United States of any district within
which the vessel may be found.
(c) Assessment of civil penalty by Secretary; collection
The Secretary may assess any civil penalty
authorized by this section. No such penalty may
be assessed until the person charged, or the
owner of the vessel charged, as appropriate,
shall have been given notice of the violation involved and an opportunity for a hearing. For
good cause shown, the Secretary may remit,
mitigate, or compromise any penalty assessed.
Upon the failure of the person charged, or the
owner of the vessel charged, to pay an assessed
penalty, as it may have been mitigated or compromised, the Secretary may request the Attorney General to commence an action in the appropriate district court of the United States for
collection of the penalty as assessed, without regard to the amount involved, together with such
other relief as may be appropriate.
(d) Withholding of clearance
(1) If any owner, operator, or individual in
charge of a vessel is liable for a penalty under
this section, or if reasonable cause exists to believe that the owner, operator, or individual in
charge may be subject to a penalty under this
section, the Secretary of the Treasury, upon the
request of the Secretary, shall with respect to
such vessel refuse or revoke any clearance required by section 60105 of title 46.
(2) Clearance or a permit refused or revoked
under this subsection may be granted upon filing of a bond or other surety satisfactory to the
Secretary.
(Pub. L. 96–591, § 4, Dec. 24, 1980, 94 Stat. 3433;
Pub. L. 104–324, title III, § 312(c), Oct. 19, 1996, 110
Stat. 3920.)


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