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International Regulations for Preventing Collisions at Sea; International Navigation Rules Act
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33 USC CHAPTER 30 - INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA
-CITE-
33 USC CHAPTER 30 - INTERNATIONAL REGULATIONS FOR
PREVENTING COLLISIONS AT SEA 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 30 - INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT
SEA
-HEAD-
CHAPTER 30 - INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT
SEA
-MISC1-
Sec.
1601. Definitions.
1602. International Regulations.
(a) Proclamation by President; effective date.
(b) Publication of proclamation in Federal
Register.
(c) Amendment of International Regulations.
(d) Notification to Congress of proposed
amendments; Congressional resolution of
disapproval.
1603. Vessels subject to International Regulations.
1604. Vessels not subject to International Regulations.
1605. Navy and Coast Guard vessels of special construction
or purpose.
(a) Certification for alternative compliance.
(b) Closest possible compliance by vessels covered
by certification for alternative compliance.
(c) Publication of certifications in Federal
Register.
(d) Issuance of certification for a class of
vessels.
1606. Special rules for ships of war, vessels proceeding
under convoy, and fishing vessels engaged in fishing
as a fleet.
1607. Implementation by rules and regulations; authority to
promulgate.
1608. Civil penalties.
(a) Liability of vessel operator for violations.
(b) Liability of vessel for violations; seizure of
vessel.
(c) Assessment of penalties; notice; opportunity
for hearing; remission, mitigation, and
compromise of penalty; action for collection.
-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in title 49 section 40120.
-End-
-CITE-
33 USC Sec. 1601 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 30 - INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT
SEA
-HEAD-
Sec. 1601. Definitions
-STATUTE-
For the purposes of this chapter -
(1) "vessel" means every description of watercraft, including
nondisplacement craft and seaplanes, used or capable of being
used as a means of transportation on water; and
(2) "high seas" means all parts of the sea that are not
included in the territorial sea or in the internal waters of any
nation.
-SOURCE-
(Pub. L. 95-75, Sec. 2, July 27, 1977, 91 Stat. 308.)
-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in opening par., was in the original
"this Act", meaning Pub. L. 95-75, July 27, 1977, 91 Stat. 308,
known as the "International Navigational Rules Act of 1977", which
enacted this chapter, repealed sections 1051 to 1094 of this title,
enacted provisions set out as notes under this section, and
repealed provision set out as a note under section 1051 of this
title.
-MISC1-
EFFECTIVE DATE OF INTERNATIONAL REGULATIONS; REPEAL OF FORMER
REGULATIONS
Section 10 of Pub. L. 95-75 provided in part that Pub. L. 88-131,
enacting sections 1051 to 1094 of this title and a provision set
out as a note under section 1051 of this title which sections
included the former International Regulations for Preventing
Collisions at Sea, was repealed effective on the date on which the
International Regulations [promulgated pursuant to this chapter]
entered into force for the United States [July 15, 1977]. See
Proclamation dated Jan. 19, 1977, set out as a note under section
1602 of this title.
REFERENCES TO FORMER REGULATIONS
Section 10 of Pub. L. 95-75 provided in part that: "The reference
in any other law to Public Law 88-131 [enacting sections 1051 to
1094 of this title and enacting a provision set out as a note under
section 1051 of this title], or to the regulations set forth in
section 4 of that Act [sections 1061 to 1094 of this title], shall
be considered a reference, respectively, to this Act [this
chapter], or to the International Regulations proclaimed hereunder
[set out as a note under section 1602 of this title]."
SHORT TITLE
Section 1 of Pub. L. 95-75 provided: "That this Act [enacting
this chapter, repealing sections 1051 to 1094 of this title,
enacting provisions set out as notes under this section, and
repealing provisions set out as a note under section 1051 of this
title] may be cited as the 'International Navigational Rules Act of
1977'."
-End-
-CITE-
33 USC Sec. 1602 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 30 - INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT
SEA
-HEAD-
Sec. 1602. International Regulations
-STATUTE-
(a) Proclamation by President; effective date
The President is authorized to proclaim the International
Regulations for Preventing Collisions at Sea, 1972 (hereinafter
referred to as the "International Regulations"). The effective date
of the International Regulations for the United States shall be
specified in the proclamation and shall be the date as near as
possible to, but no earlier than, the date on which the Convention
on the International Regulations for Preventing Collisions at Sea,
1972 (hereinafter referred to as the "Convention"), signed at
London, England, under date of October 20, 1972, enters into force
for the United States. The International Regulations proclaimed
shall consist of the rules and other annexes attached to the
Convention.
(b) Publication of proclamation in Federal Register
The proclamation shall include the International Regulations and
shall be published in the Federal Register. On the date specified
in the proclamation, the International Regulations shall enter into
force for the United States and shall have effect as if enacted by
statute.
(c) Amendment of International Regulations
Subject to the provisions of subsection (d) of this section, the
President is also authorized to proclaim any amendment to the
International Regulations hereafter adopted in accordance with the
provisions of article VI of the Convention, and to which the United
States does not object. The effective date of the amendment shall
be specified in the proclamation and shall be in accordance with
the provisions of the said article VI. The proclamation shall
include the adopted amendment and shall be published in the Federal
Register. On the date specified in the proclamation, the amendment
shall enter into force for the United States as a constituent part
of the International Regulations, as amended, and shall have effect
as if enacted by statute.
(d) Notification to Congress of proposed amendments; Congressional
resolution of disapproval
(1) Upon receiving a proposed amendment to the International
Regulations, communicated to the United States pursuant to clause 3
of article VI of the Convention, the President shall promptly
notify the Congress of the proposed amendment. If, within sixty
days after receipt of such notification by the Congress, or ten
days prior to the date under clause 4 of article VI for registering
an objection, whichever comes first, the Congress adopts a
resolution of disapproval, such resolution shall be transmitted to
the President and shall constitute an objection by the United
States to the proposed amendment. If, upon receiving notification
of the resolution of disapproval, the President has not already
notified the Inter-Governmental Maritime Consultative Organization
of an objection to the United States to the proposed amendment, he
shall promptly do so.
(2) For the purposes of this subsection, "resolution of
disapproval" means a concurrent resolution initiated by either
House of the Congress, the matter after the resolving clause of
which is to read as follows: "That the (the
concurring) does not favor the proposed amendment to the
International Regulations for Preventing Collisions at Sea, 1972,
relating to , and forwarded to the Congress by the
President on .", the first blank space therein to be filled
with the name of the resolving House, the second blank space
therein to be filled with the name of the concurring House, the
third blank space therein to be filled with the subject matter of
the proposed amendment, and the fourth blank space therein to be
filled with the day, month, and year.
(3) Any proposed amendment transmitted to the Congress by the
President and any resolution of disapproval pertaining thereto
shall be referred, in the House of Representatives, to the
Committee on Transportation and Infrastructure, and shall be
referred, in the Senate, to the Committee on Commerce, Science, and
Transportation.
-SOURCE-
(Pub. L. 95-75, Sec. 3, July 27, 1977, 91 Stat. 308; Pub. L.
107-295, title IV, Sec. 408(b)(1), Nov. 25, 2002, 116 Stat. 2117.)
-MISC1-
PRIOR PROVISIONS
The original rules for the prevention of collisions on the water
were contained in R.S. Sec. 4233, which consisted of 26 rules, R.S.
Sec. 4412, which authorized the board of supervising inspectors to
establish such regulations to be observed by all steam vessels in
passing each other, as they should from time to time deem necessary
for safety, and provided that copies of such regulations should be
furnished to all of such vessels, to be kept posted up in
conspicuous places in such vessels, and R.S. Sec. 4413, which
prescribed a penalty for neglecting or willfully refusing to
observe the regulations established pursuant to said section 4412.
The rules prescribed by R.S. Sec. 4233 were superseded as to
navigation on the high seas and in all coast waters of the United
States, except such as were otherwise provided for, by the adoption
of the "Revised International Regulations" by act March 3, 1885,
ch. 354, 23 Stat. 438, which rules were superseded by the passage
and adoption of act Aug. 19, 1890, ch. 802, 26 Stat. 322, section 1
of which enacted a set of regulations for preventing collisions at
sea to be followed by all public and private vessels of the United
States upon the high seas and in all waters connected therewith,
navigable by seagoing vessels.
Act Aug. 19, 1890, ch. 802, Sec. 1, consisted of 31 articles.
Section 2 of act Aug. 19, 1890, ch. 802, repealed all laws and
parts of laws inconsistent with the regulations for preventing
collisions at sea for the navigation of all public and private
vessels of the United States upon the high seas, and in all waters
connected therewith navigable by seagoing vessels, prescribed by
section 1 of that act.
The rules prescribed by R.S. Sec. 4233, were further superseded
as to navigation on the Great Lakes and their connecting and
tributary waters as far east as Montreal by act Feb. 8, 1895, ch.
64, 28 Stat. 645, section 1 of which enacted rules for preventing
collisions to be followed in the navigation of all public and
private vessels of the United States upon the Great Lakes and their
connecting and tributary waters as far east as Montreal. Section 1
contained 28 articles. Section 2 of the act Feb. 8, 1895, ch. 64,
prescribed a fine for violations of the act. Section 3 of the act
Feb. 8, 1895, ch. 64, gave the Secretary of the Treasury authority
to establish all necessary regulations not inconsistent with the
act, necessary to carry the act into effect, and gave the Board of
Supervising Inspectors of the United States authority to establish
such regulations to be observed by all steam vessels in passing
each other, not inconsistent with the act, as they should from time
to time deem necessary, and provided that the regulations so
adopted, when approved by the Secretary of the Treasury, should
have the force of law. Section 4 of the act Feb. 8, 1895, ch. 64,
repealed all laws or parts of laws, so far as applicable to the
navigation of the Great Lakes and their connecting and tributary
waters as far east as Montreal, inconsistent with the rules
promulgated by the act.
The rules prescribed by R.S. Sec. 4233, and by R.S. Secs. 4412,
4414, and the regulations pursuant thereto, were required to be
followed on the harbors, rivers, and inland waters of the United
States, and the provisions of said sections were made special
rules, duly made by local authority, relative to the navigation of
harbors, rivers, and inland waters, as provided for by article 30
of the act Aug. 19, 1890, ch. 802, Sec. 1, by act Feb. 19, 1895,
ch. 102, Sec. 1, 28 Stat. 672. Section 2 of the act Feb. 19, 1895,
ch. 102, authorized the Secretary of the Treasury to designate and
define by the suitable bearing or range with light houses, light
vessels, buoys, or coast objects, the lines dividing the high seas
from rivers, harbors, and inland waters. Section 3 of the act Feb.
19, 1895, ch. 102, required collectors or other chief officers of
the customs to require sail vessels to be furnished with proper
signal lights, and prescribed a penalty to be assessed against
vessels navigated without complying with the statutes of the United
States, or the regulations lawfully made thereunder. Section 4 of
the act Feb. 19, 1895, ch. 102, provided that the words "inland
waters" should not be held to include the Great Lakes and their
connecting and tributary waters as far east as Montreal, and
provided that the act should not modify or affect the provisions of
act Feb. 8, 1895, ch. 64, which was the act prescribing rules for
preventing collisions to be followed in the navigation of all
public and private vessels upon the Great Lakes and their
connecting and tributary waters as far east as Montreal.
The rules prescribed by R.S. Sec. 4233, were further superseded
as to the navigation of all harbors, rivers, and inland waters of
the United States, except the Great Lakes and their connecting and
tributary waters as far east as Montreal and the Red River of the
North and rivers emptying into the Gulf of Mexico and their
tributaries, by act June 7, 1897, ch. 4, 30 Stat. 96, section 1 of
which enacted a set of regulations for preventing collisions, to be
followed by all vessels navigating all harbors, rivers, and inland
waters of the United States, except the Great Lakes and their
connecting and tributary waters as far east as Montreal and the Red
River of the North and rivers emptying into the Gulf of Mexico and
their tributaries. Said section 1 consisted of 31 articles. Section
2 of the act June 7, 1897, ch. 4, authorized the supervising
inspectors of steam-vessels and the Supervising Inspector-General
to establish rules to be observed by steam vessels in passing each
other and as to the lights to be carried by ferry-boats and by
barges and canal-boats, when in tow of steam-vessels, not
inconsistent with the provisions of the act, such rules, when
approved by the Secretary of the Treasury, to be special rules duly
made by local authority, as provided for by article 30 of the act
Aug. 19, 1890, ch. 802, Sec. 1 which article provided that nothing
in the rules contained in that act should interfere with the
operation of special rules, duly made by local authority, relative
to the navigation of any harbor, river, or inland waters. Section 3
of the act June 7, 1897, ch. 4, prescribed a penalty for violations
of the provisions of the act or the regulations established
pursuant to section 2. Section 4 of the act June 7, 1897, ch. 4,
also prescribed a penalty to be assessed against vessels navigated
without compliance with the provisions of the act. Section 5 of the
act June 7, 1897, ch. 4, repealed R.S. Secs. 4233, 4412 (with the
regulations made in pursuance thereof, except the rules and
regulations for the government of pilots of steamers navigating the
Red River of the North and rivers emptying into the Gulf of Mexico
and their tributaries, and except the rules for the Great Lakes and
their connecting and tributary waters as far east as Montreal),
Sec. 4413, act March 3, 1893, ch. 202, 27 Stat. 557, which amended
R.S. Sec. 4233, act Feb. 19, 1895, ch. 102, Secs. 1, 3, and act
March 3, 1897, ch. 389, Secs. 5, 12, 13, 29 Stat. 689, 690, and all
amendments thereto insofar as the harbors, rivers, and inland
waters of the United States (except the Great Lakes and their
connecting and tributary waters as far east as Montreal and the Red
River of the North and rivers emptying into the Gulf of Mexico, and
their tributaries) were concerned.
This legislation resulted in the following situation: Navigation
on the high seas was governed by act Aug. 19, 1890, ch. 802, with
its amendatory and supplementary acts, which was superseded by act
Oct. 11, 1951, ch. 495, formerly set forth in chapter 2 of this
title; navigation on all harbors, rivers, and inland waters of the
United States, except the Great Lakes and their connecting and
tributary waters as far east as Montreal and the Red River of the
North and rivers emptying into the Gulf of Mexico and their
tributaries, was governed by act June 7, 1897, ch. 4, as amended,
formerly set forth in chapter 3 of this title; navigation on the
Great Lakes and their connecting and tributary waters as far east
as Montreal was governed by act Feb. 8, 1895, ch. 64, formerly set
forth in section 301 et seq. of this title; and navigation on the
Red River of the North and rivers emptying into the Gulf of Mexico
and their tributaries was governed by R.S. Sec. 4233, as amended
and supplemented, formerly set forth in section 301 et seq. of this
title.
See also Codification notes to sections 154, 241, and 301 of this
title.
Regulations for Preventing Collisions at Sea, 1948, approved by
the International Conference on Safety of Life at Sea, 1948,
covering substantially the same subject matter included under these
rules, were set out as sections 143 to 147d of this title.
Regulations for Preventing Collisions at Sea, 1960, approved by
the International Conference on the Safety of Life at Sea, 1960,
covering substantially the same subject matter included under these
rules, were set out as sections 1051 to 1094 of this title.
AMENDMENTS
2002 - Subsec. (d)(3). Pub. L. 107-295 substituted
"Transportation and Infrastructure" for "Merchant Marine and
Fisheries".
INTERNATIONAL CONVENTION FOR SAFETY OF LIFE AT SEA, 1948
The convention, known as the International Convention for Safety
of Life at Sea, was signed at London on June 10, 1948, and was
ratified by the United States on April 20, 1949 (see Senate Report
No. 838, Sept. 26, 1951, to accompany H.R. 5013, 82nd Cong.). The
"International Regulations for Preventing Collisions at Sea, 1948",
approved by the 1948 London conference, were adopted by section 6
of act Oct. 11, 1951, and were classified to section 144 et seq. of
this title.
INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA, 1960
The convention, known as the International Convention for the
Safety of Life at Sea, was signed at London on June 17, 1960, and
was ratified by the United States on May 26, 1965 (see Senate
Report No. 477, Aug. 30, 1963, to accompany H.R. 6012, 88th Cong.).
The "Regulations for Preventing Collisions at Sea, 1960", approved
by the 1960 London conference, were adopted by section 4 of Pub. L.
88-131, Sept. 24, 1963, 77 Stat. 194, and were classified to
section 1051 et seq. of this title.
INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA, 1972
The Convention on the International Regulations for Preventing
Collisions at Sea, 1972, was proclaimed by the President on Jan.
19, 1977. The President's proclamation provided that the Convention
enter into force for the United States on July 15, 1977. The
proclamation and the International Regulations were published in
the Federal Register on Mar. 31, 1977, 42 F.R. 17112, with
corrections to the International Regulations published on Apr. 7,
1977, 42 F.R. 18401 and on Apr. 21, 1977, 42 F.R. 20625. The
International Regulations, as amended, are maintained and published
by the United States Coast Guard, U.S. Department of Homeland
Security, in the publication Navigation Rules, which is available
for sale by the Superintendent of Documents, U.S. Government
Printing Office, Washington, D.C. 20402.
-EXEC-
EX. ORD. NO. 11964. IMPLEMENTATION OF CONVENTION ON THE
INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA, 1972
Ex. Ord. No. 11964, Jan. 19, 1977, 42 F.R. 4327, provided:
By virtue of the authority vested in me by the Constitution and
statutes of the United States of America, including Section 301 of
Title 3 of the United States Code, and as President of the United
States of America and Commander-in-Chief of the Armed Forces, in
order to provide for the coming into force on July 15, 1977, of the
Convention on the International Regulations for Preventing
Collisions at Sea, 1972 (Senate Executive W, 93d Cong., 1st Sess.),
it is hereby ordered as follows:
Section 1. (a) With respect to vessels of special construction or
purpose, the Secretary of the Navy, for vessels of the Navy, and
the Secretary of the Department in which the Coast Guard is
operating, for all other vessels, shall determine and certify, in
accord with Rule I of the International Regulations for Preventing
Collisions at Sea, 1972, hereinafter referred to as the
International Regulations, as to which such vessels cannot comply
fully with the provisions of any of the International Regulations
with respect to the number, positions, range or arc of visibility
of lights or shapes, as well as to the disposition and
characteristics of sound-signalling appliances, without interfering
with the special function of the vessel.
(b) With respect to vessels for which a certification is issued,
the Secretary issuing the certification shall certify as to such
other provisions which are the closest possible compliance by that
vessel with the International Regulations.
(c) Notice of any certification issued shall be published in the
Federal Register.
Sec. 2. The Secretary of the Navy is authorized to promulgate
special rules with respect to additional station or signal lights
or whistle signals for ships of war or vessels proceeding under
convoy, and the Secretary of the Department in which the Coast
Guard is operating is authorized, to the extent permitted by law,
including the provisions of Title 14 of the United States Code, to
promulgate special rules with respect to additional station or
signal lights for fishing vessels engaged in fishing as a fleet. In
accord with Rule I of the International Regulations, the additional
station or signal lights or whistle signals contained in the
special rules shall be, as far as possible, such as they cannot be
mistaken for any light or signal authorized by the International
Regulations. Notice of such special rules for fishing vessels shall
be published in the Federal Register.
Sec. 3. The Secretary of the Navy, for vessels of the Navy, and
the Secretary of the Department in which the Coast Guard is
operating, for all other vessels, are authorized to exempt, in
accord with Rule 38 of the International Regulations, any vessel or
class of vessels, the keel of which is laid, or which is at a
corresponding stage of construction, before July 15, 1977, from
full compliance with the International Regulations, provided that
such vessel or class of vessels complies with the requirements of
the International Regulations for Preventing Collisions at Sea,
1960. Notice of any exemption granted shall be published in the
Federal Register.
Sec. 4. The Secretary of the Department in which the Coast Guard
is operating is authorized, to the extent permitted by law, to
promulgate such rules and regulations that are necessary to
implement the provisions of the Convention and International
Regulations. He shall cause to be published in the Federal Register
any implementing regulations or interpretive rulings promulgated
pursuant to this Order, and shall promptly publish in the Federal
Register the full text of the International Regulations.
Gerald R. Ford.
EX. ORD. NO. 12234. ENFORCEMENT OF CONVENTION FOR THE SAFETY OF
LIFE AT SEA, 1974
Ex. Ord. No. 12234, Sept. 3, 1980, 45 F.R. 58801, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, and in order to
implement the International Convention for the Safety of Life at
Sea, 1974, it is hereby ordered as follows:
1-101. The International Convention for the Safety of Life at
Sea, 1974, signed at London on November 1, 1974, and proclaimed by
the President of the United States on January 28, 1980 (TIAS 9700),
entered into force for the United States on May 25, 1980.
1-102. The Secretary of State, the Secretary of the Department in
which the Coast Guard is operating, the Secretary of Commerce, and
the Federal Communications Commission shall (a) perform those
functions prescribed in the Convention that are within their
respective areas of responsibility, and (b) cooperate and assist
each other in carrying out those functions.
1-103. (a) The Secretary of the Department in which the Coast
Guard is operating, or the head of any other Executive agency
authorized by law, shall be responsible for the issuance of
certificates as required by the Convention.
(b) If a certificate is to include matter that pertains to
functions vested by law in another Executive agency, the issuing
agency shall first ascertain from the other Executive agency the
decision regarding that matter. The decision of that agency shall
be final and binding on the issuing agency.
1-104. The Secretary of the Department in which the Coast Guard
is operating may use the services of the American Bureau of
Shipping as long as that Bureau is operated in compliance with
Section 25 of the Act of June 5, 1920, as amended (46 U.S.C. 881)
[now 46 U.S.C. 3305, 3316, 12119], to perform the functions under
the Convention. The Secretary may also use the services of the
National Cargo Bureau to perform functions under Chapter VI
(Carriage of Grain) of the Convention.
1-105. The Secretary of the Department in which the Coast Guard
is operating shall promulgate regulations necessary to implement
the provisions of the Convention.
1-106. To the extent that the International Convention for the
Safety of Life at Sea, 1974, replaces and abrogates the
International Convention for the Safety of Life at Sea, 1960 (TIAS
5780), this Order supersedes Executive Order No. 11239 of July 31,
1965, entitled "Enforcement of the Convention for the Safety of
Life at Sea, 1960."
1-107. Executive Order No. 10402 of October 30, 1952, entitled
"Enforcement of the Convention for the Safety of Life at Sea,
1948," is revoked.
Jimmy Carter.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1603 of this title; title
49 section 44711.
-End-
-CITE-
33 USC Sec. 1603 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 30 - INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT
SEA
-HEAD-
Sec. 1603. Vessels subject to International Regulations
-STATUTE-
Except as provided in section 1604 of this title and subject to
the provisions of section 1605 of this title, the International
Regulations, as proclaimed under section 1602 of this title, shall
be applicable to, and shall be complied with by -
(1) all vessels, public and private, subject to the
jurisdiction of the United States, while upon the high seas or in
waters connected therewith navigable by seagoing vessels, and
(2) all other vessels when on waters subject to the
jurisdiction of the United States.
-SOURCE-
(Pub. L. 95-75, Sec. 4, July 27, 1977, 91 Stat. 309.)
-End-
-CITE-
33 USC Sec. 1604 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 30 - INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT
SEA
-HEAD-
Sec. 1604. Vessels not subject to International Regulations
-STATUTE-
(a) The International Regulations do not apply to vessels while
in the waters of the United States shoreward of the navigational
demarcation lines dividing the high seas from harbors, rivers, and
other inland waters of the United States.
(b) Whenever a vessel subject to the jurisdiction of the United
States is in the territorial waters of a foreign state the
International Regulations shall be applicable to, and shall be
complied with by, that vessel to the extent that the laws and
regulations of the foreign state are not in conflict therewith.
-SOURCE-
(Pub. L. 95-75, Sec. 5, July 27, 1977, 91 Stat. 309; Pub. L.
96-591, Sec. 6(1), Dec. 24, 1980, 94 Stat. 3434.)
-MISC1-
AMENDMENTS
1980 - Subsec. (a). Pub. L. 96-591 substituted provision
providing that the International Regulations do not apply to
vessels while in the waters of the United States shoreward of the
navigational demarcation lines dividing the high seas from harbors,
rivers, and other inland waters of the United States for provisions
that had made specific reference to harbors, rivers, and other
inland waters of the United States, as defined in section 154 of
this title, to the Great Lakes of North America and their
connecting and tributary waters, as defined in section 241 of this
title, and to the Red River of the North and rivers emptying into
the Gulf of Mexico and their tributaries, as defined in section 301
of this title.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96-591 effective 12 months after Dec. 24,
1981, see section 7 of Pub. L. 96-591, set out as an Effective Date
note under section 2001 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1603 of this title.
-End-
-CITE-
33 USC Sec. 1605 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 30 - INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT
SEA
-HEAD-
Sec. 1605. Navy and Coast Guard vessels of special construction or
purpose
-STATUTE-
(a) Certification for alternative compliance
Any requirement of the International Regulations with respect to
the number, position, range, or arc of visibility of lights, with
respect to shapes, or with respect to the disposition and
characteristics of sound-signaling appliances, shall not be
applicable to a vessel of special construction or purpose, whenever
the Secretary of the Navy, for any vessel of the Navy, or the
Secretary of the department in which the Coast Guard is operating,
for any other vessel of the United States, shall certify that the
vessel cannot comply fully with that requirement without
interfering with the special function of the vessel.
(b) Closest possible compliance by vessels covered by certification
for alternative compliance
Whenever a certification is issued under the authority of
subsection (a) of this section, the vessel involved shall comply
with the requirement as to which the certification is made to the
extent that the Secretary issuing the certification shall certify
as the closest possible compliance by that vessel.
(c) Publication of certifications in Federal Register
Notice of the certifications issued pursuant to subsections (a)
and (b) of this section shall be published in the Federal Register.
(d) Issuance of certification for a class of vessels
A certification authorized by this section may be issued for a
class of vessels.
-SOURCE-
(Pub. L. 95-75, Sec. 6, July 27, 1977, 91 Stat. 309; Pub. L.
96-591, Sec. 6(2), Dec. 24, 1980, 94 Stat. 3434.)
-MISC1-
AMENDMENTS
1980 - Subsec. (d). Pub. L. 96-591 added subsec. (d).
-TRANS-
TRANSFER OF FUNCTIONS
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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1603 of this title.
-End-
-CITE-
33 USC Sec. 1606 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 30 - INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT
SEA
-HEAD-
Sec. 1606. Special rules for ships of war, vessels proceeding under
convoy, and fishing vessels engaged in fishing as a fleet
-STATUTE-
(a) The Secretary of the Navy is authorized to promulgate special
rules with respect to additional station or signal lights or
whistle signals for ships of war or vessels proceeding under
convoy, and the Secretary of the department in which the Coast
Guard is operating is authorized to promulgate special rules with
respect to additional station or signal lights for fishing vessels
engaged in fishing as a fleet.
(b) The additional station or signal lights or whistle signals
contained in the special rules authorized under subsection (a) of
this section shall be, as far as possible, such that they cannot be
mistaken for any light or signal authorized by the International
Regulations. Notice of such special rules shall be published in the
Federal Register and, after the effective date specified in such
notice, they shall have effect as if they were a part of the
International Regulations.
-SOURCE-
(Pub. L. 95-75, Sec. 7, July 27, 1977, 91 Stat. 310.)
-TRANS-
TRANSFER OF FUNCTIONS
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.
-End-
-CITE-
33 USC Sec. 1607 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 30 - INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT
SEA
-HEAD-
Sec. 1607. Implementation by rules and regulations; authority to
promulgate
-STATUTE-
The Secretary of the department in which the Coast Guard is
operating is authorized to promulgate such reasonable rules and
regulations as are necessary to implement the provisions of this
chapter and the International Regulations proclaimed hereunder.
-SOURCE-
(Pub. L. 95-75, Sec. 8, July 27, 1977, 91 Stat. 310.)
-TRANS-
TRANSFER OF FUNCTIONS
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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1608 of this title.
-End-
-CITE-
33 USC Sec. 1608 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 30 - INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT
SEA
-HEAD-
Sec. 1608. Civil penalties
-STATUTE-
(a) Liability of vessel operator for violations
Whoever operates a vessel, subject to the provisions of this
chapter, in violation of this chapter or of any regulation
promulgated pursuant to section 1607 of this title, shall be liable
to a civil penalty of not more than $5,000 for each such violation.
(b) Liability of vessel for violations; seizure of vessel
Every vessel subject to the provisions of this chapter, other
than a public vessel being used for noncommercial purposes, which
is operated in violation of this chapter or of any regulation
promulgated pursuant to section 1607 of this title, shall be liable
to a civil penalty of not more than $5,000 for each such 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 such vessel may be found.
(c) Assessment of penalties; notice; opportunity for hearing;
remission, mitigation, and compromise of penalty; action for
collection
The Secretary of the department in which the Coast Guard is
operating 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.
-SOURCE-
(Pub. L. 95-75, Sec. 9, July 27, 1977, 91 Stat. 310; Pub. L.
96-591, Sec. 6(3), (4), Dec. 24, 1980, 94 Stat. 3435.)
-MISC1-
AMENDMENTS
1980 - Subsec. (a). Pub. L. 96-591, Sec. 6(3), substituted
"$5,000" for "$500".
Subsec. (b). Pub. L. 96-591, Sec. 6(4), substituted "not more
than $5,000" for "$500".
-TRANS-
TRANSFER OF FUNCTIONS
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.
-End-
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