US (United States) Code. Title 32. Chapter 30: International regulations for preventing collisions at sea

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Navigation and navigable waters

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-CITE-

33 USC CHAPTER 30 - INTERNATIONAL REGULATIONS FOR

PREVENTING COLLISIONS AT SEA 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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-