1625-0043 Stat/Authority

§ 70032

TITLE 46—SHIPPING

(Added Pub. L. 115–282, title IV, § 401(a), Dec. 4,
2018, 132 Stat. 4261; amended Pub. L. 116–283, div.
G, title LVXXXV [LXXXV], § 8507(a)(4), Jan. 1,
2021, 134 Stat. 4753.)
Editorial Notes
REFERENCES IN TEXT
Presidential Proclamation No. 5928, referred to in
par. (3), is set out under section 1331 of Title 43, Public
Lands.
AMENDMENTS
2021—Pub. L. 116–283 substituted ‘‘I through III’’ for
‘‘A through C’’ in introductory provisions.

§ 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
Great Lakes St. Lawrence Seaway Development
Corporation. Any other authority granted the
Secretary under subchapters I through III and
this subchapter shall be delegated by the Secretary to the Great Lakes St. 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; amended Pub. L. 116–260, div.
AA, title V, § 512(c)(6)(F), Dec. 27, 2020, 134 Stat.
2757; Pub. L. 116–283, div. G, title LVXXXV
[LXXXV], § 8507(a)(5), Jan. 1, 2021, 134 Stat. 4753.)

Page 512

§ 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 I through
III and this subchapter.
(b) CONSULTATION.—In the exercise of the regulatory authority under subchapters I through III
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 establishment 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; amended Pub. L. 116–283, div.
G, title LVXXXV [LXXXV], § 8507(a)(7), Jan. 1,
2021, 134 Stat. 4753.)
Editorial Notes

Editorial Notes

AMENDMENTS

AMENDMENTS

2021—Pub. L. 116–283 substituted ‘‘I through III’’ for
‘‘A through C’’ in subsecs. (a) and (b).

2021—Pub. L. 116–283 substituted ‘‘I through III’’ for
‘‘A through C’’.
2020—Pub. L. 116–260 substituted ‘‘Great Lakes St.
Lawrence Seaway Development Corporation’’ for
‘‘Saint Lawrence Seaway Development Corporation’’ in
two places.

§ 70033. Limitation on application to foreign vessels
Except pursuant to international treaty, convention, or agreement, to which the United
States is a party, subchapters I through III 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; amended Pub. L. 116–283, div.
G, title LVXXXV [LXXXV], § 8507(a)(6), Jan. 1,
2021, 134 Stat. 4753.)
Editorial Notes
AMENDMENTS
2021—Pub. L. 116–283 substituted ‘‘I through III’’ for
‘‘A through C’’ in introductory provisions.

Statutory Notes and Related Subsidiaries
SAFETY OF SPECIAL ACTIVITIES
Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII],
§ 8343, Jan. 1, 2021, 134 Stat. 4710, provided that:
‘‘(a) IN GENERAL.—The Secretary of the department
in which the Coast Guard is operating shall conduct a
2-year pilot program to establish and implement a
process to—
‘‘(1) establish safety zones to address special activities in the exclusive economic zone;
‘‘(2) account for the number of safety zones established for special activities;
‘‘(3) differentiate whether an applicant who requests a safety zone for such activities is—
‘‘(A) an individual;
‘‘(B) an organization; or
‘‘(C) a government entity; and
‘‘(4) account for Coast Guard resources utilized to
enforce safety zones established for special activities,
including—
‘‘(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.
‘‘(b) BRIEFING.—Not later than 180 days after the expiration of the 2-year pilot program, the Commandant [of
the Coast Guard] shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate regarding—
‘‘(1) the process required under subsection (a); and
‘‘(2) whether the authority to establish safety zones
to address special activities in the exclusive eco-

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§ 70036

TITLE 46—SHIPPING

nomic zone should be extended or made permanent in
the interest of safety.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) SAFETY ZONE.—The term ‘safety zone’ has the
meaning given such term in section 165.20 of title 33,
Code of Federal Regulations.
‘‘(2) SPECIAL ACTIVITIES.—The term ‘special activities’ includes—
‘‘(A) space activities, including launch and reentry, as such terms are defined in section 50902 of
title 51, United States Code, carried out by United
States citizens; and
‘‘(B) offshore energy development activities, as
described in section 8(p)(1)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)(1)(C)), on
or near a fixed platform.
‘‘(3) UNITED STATES CITIZEN.—The term ‘United
States citizen’ has the meaning given the term ‘eligible owners’ in section 12103 of title 46, United States
Code.
‘‘(4) FIXED PLATFORM.—The term ‘fixed platform’
means an artificial island, installation, or structure
permanently attached to the sea-bed for the purpose
of exploration or exploitation of resources or for
other economic purposes.’’
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 I through III
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; amended Pub. L. 116–283, div.

G, title LVXXXV [LXXXV], § 8507(a)(8), Jan. 1,
2021, 134 Stat. 4753.)
Editorial Notes
AMENDMENTS
2021—Subsec. (a). Pub. L. 116–283 substituted ‘‘I
through III’’ for ‘‘A through C’’.

§ 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 I
through III or this subchapter or a regulation
issued under subchapters I through III 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
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 I
through III 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 I
through III 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 I, II, or III 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 I, II, or III or this subchapter or of regulations issued under such subchapter, for cause shown.