1625-0020 Stat/Authority

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§ 70011

TITLE 46—SHIPPING

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
former section 3 (now 103) of Title 14, Coast Guard. See
section 108 of Title 49, Transportation. For subsequent
transfers relating to the Secretary of Transportation
and the Coast Guard, see below.
Section 6(g)(1)(A) of Pub. L. 89–670, transferred functions, powers, and duties of Secretary of the Army [formerly War] and other officers and offices of Department of the Army [formerly War] relating generally to
water vessel anchorages under this section to Secretary
of Transportation. Pub. L. 97–449 amended this section
to reflect the transfer made by section 6(g)(1)(A) of
Pub. L. 89–670, and repealed section 6(g)(1)(A).
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

§ 70007. Anchorage grounds
(a) ANCHORAGE GROUNDS.—
(1) ESTABLISHMENT.—The Secretary of the
department in which the Coast Guard is operating shall define and establish anchorage
grounds in the navigable waters of the United
States for vessels operating in such waters.
(2) RELEVANT FACTORS FOR ESTABLISHMENT.—
In carrying out paragraph (1), the Secretary
shall take into account all relevant factors
concerning navigational safety, protection of
the marine environment, proximity to undersea pipelines and cables, safe and efficient use
of Marine Transportation System, and national security.
(b) VESSEL REQUIREMENTS.—Vessels, of certain
sizes or type determined by the Secretary,
shall—
(1) set and maintain an anchor alarm for the
duration of an anchorage;
(2) comply with any directions or orders
issued by the Captain of the Port; and
(3) comply with any applicable anchorage
regulations.
(c) PROHIBITIONS.—A vessel may not—
(1) anchor in any Federal navigation channel
unless authorized or directed to by the Captain of the Port;
(2) anchor in near proximity, within distances determined by the Coast Guard, to an
undersea pipeline or cable, unless authorized
or directed to by the Captain of the Port; and
(3) anchor or remain anchored in an anchorage ground during any period in which the
Captain of the Port orders closure of the anchorage ground due to inclement weather,
navigational hazard, a threat to the environment, or other safety or security concern.
(d) SAFETY EXCEPTION.—Nothing in this section shall be construed to prevent a vessel from
taking actions necessary to maintain the safety
of the vessel or to prevent the loss of life or
property.

(Added Pub. L. 117–263, div. K, title CXIII,
§ 11318(a), Dec. 23, 2022, 136 Stat. 4090.)
Statutory Notes and Related Subsidiaries
SAVINGS CLAUSE
Pub. L. 117–263, div. K, title CXIII, § 11318(c), Dec. 23,
2022, 136 Stat. 4091, provided that: ‘‘Nothing in this section [amending this section and enacting provisions set
out as a note under this section] shall limit any authority available, as of the date of enactment of this
Act [Dec. 23, 2022], to the captain of a port with respect
to safety measures or any other authority as necessary
for the safety of vessels located in anchorage grounds
in the navigable waters of the United States.’’
APPLICABILITY OF REGULATIONS
Pub. L. 117–263, div. K, title CXIII, § 11318(e), Dec. 23,
2022, 136 Stat. 4091, provided that: ‘‘The amendments
made by subsection (a) [amending this section] may
not be construed to alter any existing rules, regulations, or final agency actions issued under section 70006
of title 46, United States Code, as in effect on the day
before the date of enactment of this Act [Dec. 23, 2022],
until all regulations required under subsection (b) [136
Stat. 4091] take effect.’’

SUBCHAPTER II—PORTS AND WATERWAYS
SAFETY
§ 70011. Waterfront safety
(a) IN GENERAL.—The Secretary may take such
action as is necessary to—
(1) prevent damage to, or the destruction of,
any bridge or other structure on or in the navigable waters of the United States, or any land
structure or shore area immediately adjacent
to such waters; and
(2) protect the navigable waters and the resources therein from harm resulting from vessel or structure damage, destruction, or loss.
(b) ACTIONS AUTHORIZED.—Actions authorized
by subsection (a) include—
(1) establishing procedures, measures, and
standards for the handling, loading, unloading,
storage, stowage, and movement on a structure (including the emergency removal, control, and disposition) of explosives or other
dangerous articles and substances, including
oil or hazardous material as those terms are
defined in section 2101;
(2) prescribing minimum safety equipment
requirements for a structure to assure adequate protection from fire, explosion, natural
disaster, and other serious accidents or casualties;
(3) establishing water or waterfront safety
zones, or other measures, for limited, controlled, or conditional access and activity
when necessary for the protection of any vessel, structure, waters, or shore area; and
(4) establishing procedures for examination
to assure compliance with the requirements
prescribed under this section.
(c) STATE LAW.—Nothing in this section, with
respect to structures, prohibits a State or political subdivision thereof from prescribing higher
safety equipment requirements or safety standards than those that may be prescribed by regulations under this section.
(Added Pub. L. 115–282, title IV, § 401(a), Dec. 4,
2018, 132 Stat. 4258.)

§ 70012

TITLE 46—SHIPPING

§ 70012. Navigational hazards
(a) REPORTING PROCEDURE.—The Secretary
shall establish a program to encourage fishermen and other vessel operators to report potential or existing navigational hazards involving
pipelines to the Secretary through Coast Guard
field offices.
(b) SECRETARY’S RESPONSE.—
(1) NOTIFICATION BY THE OPERATOR OF A PIPELINE.—Upon notification by the operator of a
pipeline of a hazard to navigation with respect
to that pipeline, the Secretary shall immediately notify Coast Guard headquarters, the
Pipeline and Hazardous Materials Safety Administration, other affected Federal and State
agencies, and vessel owners and operators in
the pipeline’s vicinity.
(2) NOTIFICATION BY OTHER PERSONS.—Upon
notification by any other person of a hazard or
potential hazard to navigation with respect to
a pipeline, the Secretary shall promptly determine whether a hazard exists, and if so shall
immediately notify Coast Guard headquarters,
the Pipeline and Hazardous Materials Safety
Administration, other affected Federal and
State agencies, vessel owners and operators in
the pipeline’s vicinity, and the owner and operator of the pipeline.
(c) PIPELINE DEFINED.—For purposes of this
section, the term ‘‘pipeline’’ has the meaning
given the term ‘‘pipeline facility’’ in section
60101(a)(18) of title 49.
(Added Pub. L. 115–282, title IV, § 401(a), Dec. 4,
2018, 132 Stat. 4259.)
§ 70013. Requirement to notify Coast Guard of release of objects into the navigable waters of
the United States
(a) REQUIREMENT.—As soon as a person has
knowledge of any release from a vessel or facility into the navigable waters of the United
States of any object that creates an obstruction
prohibited under section 10 of the Act of March
3, 1899, popularly known as the Rivers and Harbors Appropriations Act of 1899 (33 U.S.C. 403),
such person shall notify the Secretary and the
Secretary of the Army of such release.
(b) RESTRICTION ON USE OF NOTIFICATION.—Any
notification provided by an individual in accordance with subsection (a) may not be used
against such individual in any criminal case, except a prosecution for perjury or for giving a
false statement.
(Added Pub. L. 115–282, title IV, § 401(a), Dec. 4,
2018, 132 Stat. 4259.)
Editorial Notes
REFERENCES IN TEXT
Section 10 of the Act of March 3, 1899, popularly
known as the Rivers and Harbors Appropriations Act of
1899, referred to in subsec. (a), means section 10 of act
Mar. 3, 1899, ch. 425, 30 Stat. 1151, known as the Rivers
and Harbors Appropriation Act of 1899, which is classified to section 403 of Title 33, Navigation and Navigable
Waters.

§ 70014. Aiming laser pointer at vessel
(a) PROHIBITION.—It shall be unlawful to cause
the beam of a laser pointer to strike a vessel op-

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erating on the navigable waters of the United
States.
(b) EXCEPTIONS.—This section shall not apply
to a member or element of the Department of
Defense or Department of Homeland Security
acting in an official capacity for the purpose of
research, development, operations, testing, or
training.
(c) LASER POINTER DEFINED.—In this section
the term ‘‘laser pointer’’ means any device designed or used to amplify electromagnetic radiation by stimulated emission that emits a beam
designed to be used by the operator as a pointer
or highlighter to indicate, mark, or identify a
specific position, place, item, or object.
(Added Pub. L. 116–283, div. G, title LVXXXIII,
§ 8342(a), Jan. 1, 2021, 134 Stat. 4709.)
SUBCHAPTER III—CONDITION FOR ENTRY
INTO PORTS IN THE UNITED STATES
§ 70021. Conditions for entry to ports in the
United States
(a) IN GENERAL.—No vessel that is subject to
chapter 37 shall operate in the navigable waters
of the United States or transfer cargo or residue
in any port or place under the jurisdiction of the
United States, if such vessel—
(1) has a history of accidents, pollution incidents, or serious repair problems that, as determined by the Secretary, creates reason to
believe that such vessel may be unsafe or may
create a threat to the marine environment;
(2) fails to comply with any applicable regulation issued under section 70034, chapter 37, or
any other applicable law or treaty;
(3) discharges oil or hazardous material in
violation of any law of the United States or in
a manner or quantities inconsistent with any
treaty to which the United States is a party;
(4) does not comply with any applicable vessel traffic service requirements;
(5) is manned by one or more officers who
are licensed by a certificating State that the
Secretary has determined, pursuant to section
9101 of title 46, does not have standards for licensing 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 provi-