1625-0103 Stat/Authority

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TITLE 46—SHIPPING

a result of the study and the reason for such
determination.
(e) IMPLEMENTATION OF DESIGNATION.—In connection with a designation made under this section, the Secretary—
(1) shall issue reasonable rules and regulations governing the use of such designated
areas, including rules and regulations regarding the 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.)
Editorial Notes
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

§ 70005

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 classes of small vessels, such as selfpropelled 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 exer-

§ 70006

TITLE 46—SHIPPING

cises 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 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.)
§ 70006. Establishment by Secretary of the department in which the Coast Guard is operating of anchorage grounds and regulations
generally
(a) IN GENERAL.—The Secretary of Homeland
Security is authorized, empowered, and directed
to define and establish anchorage grounds for
vessels in all harbors, rivers, bays, and other
navigable waters of the United States whenever
it is manifest to the said Secretary that the
maritime or commercial interests of the United
States require such anchorage grounds for safe
navigation and the establishment of such anchorage grounds shall have been recommended
by the Chief of Engineers, and to adopt suitable
rules and regulations in relation thereto; and
such rules and regulations shall be enforced by
the Coast Guard under the direction of the Secretary of Transportation: Provided, That at ports
or places where there is no Coast Guard vessel
available such rules and regulations may be enforced by the Chief of Engineers under the direction of the Secretary of Homeland Security. In
the event of the violation of any such rules and
regulations by the owner, master, or person in
charge of any vessel, such owner, master, or person in charge of such vessel shall be liable to a
penalty of up to $10,000. Each day during which
a violation continues shall constitute a separate
violation. The said vessel may be holden for the
payment of such penalty, and may be seized and
proceeded against summarily by libel for the re-

Page 508

covery of the same in any United States district
court for the district within which such vessel
may be and in the name of the officer designated
by the Secretary of Homeland Security.
(b) DEFINITION.—As used in this section ‘‘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. 116–283, div. G, title LVXXXV
[LXXXV], § 8501(a)(6), Jan. 1, 2021, 134 Stat. 4745.)
Editorial Notes
REFERENCES IN TEXT
Presidential Proclamation No. 5928, referred to in
subsec. (b), is set out under section 1331 of Title 43,
Public Lands.
CODIFICATION
Section, as added and amended by Pub. L. 116–283, is
based on section 7 of act Mar. 4, 1915, ch. 142, 38 Stat.
1053; act Aug. 4, 1949, ch. 393, §§ 1, 20, 63 Stat. 496, 561;
Pub. L. 89–670, § 6(b)(1), Oct. 15, 1966, 80 Stat. 938; Pub.
L. 97–449, § 2(d)(1), Jan. 12, 1983, 96 Stat. 2440; Pub. L.
109–241, title IX, § 902(j), July 11, 2006, 120 Stat. 568; Pub.
L. 111–281, title III, § 301, Oct. 15, 2010, 124 Stat. 2923,
which was formerly classified to section 471 of Title 33,
Navigation and Navigable Waters, before being transferred to this title and renumbered as this section.
Section was originally from the Rivers and Harbors
Appropriation Act of 1915.
PRIOR PROVISIONS
Section probably supersedes acts May 16, 1888, ch. 257,
§§ 1, 2, 25 Stat. 151, relative to anchorage grounds in
port of New York, Mar. 3, 1899, ch. 424, § 1, 30 Stat. 1074,
extending anchorage regulations for port of New York,
Feb. 6, 1893, ch. 64, §§ 1, 2, 27 Stat. 431, relative to anchorage grounds in port of Chicago, and June 6, 1900,
ch. 819, §§ 1, 2, 31 Stat. 682, relative to anchorage
grounds in Kennebec River.
AMENDMENTS
2021—Pub. L. 116–283, § 8501(a)(6), transferred section 7
of act Mar. 4, 1915, ch. 142, to this title and renumbered
it as this section, substituted ‘‘Establishment by Secretary of the department in which the Coast Guard is
operating of anchorage grounds and regulations generally’’ for ‘‘Establishment by Secretary of Homeland
Security of anchorage grounds and regulations generally’’ in section catchline, and realigned margins. See
Codification note above.
Statutory Notes and Related Subsidiaries
TRANSFER OF FUNCTIONS
‘‘Coast Guard’’ and ‘‘Coast Guard vessel’’ substituted
in text for ‘‘Revenue Cutter Service’’ and ‘‘revenue cutter’’, respectively, the Revenue Cutter Service and
Life-Saving Service having been combined to form the
Coast Guard by act Jan. 28, 1915, ch. 20, § 1, 38 Stat. 800.
That act was repealed by act Aug. 4, 1949, ch. 393, § 20,
63 Stat. 561, section 1 of which reestablished the Coast
Guard by enacting Title 14, Coast Guard.
‘‘Secretary of Transportation’’ substituted for ‘‘Secretary of the Treasury’’ in provision covering enforcement of rules and regulations by Coast Guard pursuant
to section 6(b)(1) of Pub. L. 89–670, which transferred to
Secretary of Transportation functions, powers, and duties of Secretary of the Treasury and of other offices
and officers of Department of the Treasury relating to
Coast Guard. Section 6(b)(2) of Pub. L. 89–670, however,
provided that notwithstanding such transfer of functions, the Coast Guard shall operate as part of the Navy
in time of war or when President directs as provided in