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NOTES:


Source

(Pub. L. 92–340, § 4, formerly title I, § 103, July 10, 1972, 86 Stat. 426; renumbered and amended Pub. L. 95–474, § 2, Oct. 17, 1978, 92 Stat. 1472; Pub. L. 101–380, title IV, § 4107(a), Aug. 18, 1990, 104 Stat. 514; Pub. L. 104–324, title VII, § 705, Oct. 19, 1996, 110 Stat. 3934; Pub. L. 108–293, title III, § 302, Aug. 9, 2004, 118 Stat. 1041; Pub. L. 109–241, title IX, § 901(d), July 11, 2006, 120 Stat. 564.)

References in Text

The date of enactment of this Act, referred to in subsec. (c)(3)(A), probably means the date of enactment of Pub. L. 95–474, which was approved Oct. 17, 1978.
The International Regulations for Preventing Collisions at Sea, 1972, referred to in subsec. (c)(5)(A), 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. See International Regulations for Preventing Collisions at Sea, 1972 note under section 1602 of this title.

Amendments

2006—Subsecs. (a)(6), (e). Pub. L. 109–241 amended directory language of Pub. L. 108–293, § 302. See 2004 Amendment note below.
2004—Subsec. (a)(6). Pub. L. 108–293, § 302(1), as amended by Pub. L. 109–241, added par. (6).
Subsec. (e). Pub. L. 108–293, § 302(2), as amended by Pub. L. 109–241, which directed the addition of subsec. (e) at the end of subsec. (a) of this section, was executed by adding subsec. (e) at the end of this section.
1996—Subsec. (a)(3). Pub. L. 104–324 inserted “as measured under section 14502 of title 46, or an alternate tonnage measured under section 14302 of that title as prescribed by the Secretary under section 14104 of that title” after “300 gross tons”.
1990—Subsec. (a). Pub. L. 101–380, § 4107(a)(1), substituted “Secretary—” for “Secretary may—”.
Subsec. (a)(1). Pub. L. 101–380, § 4107(a)(2), substituted “may construct, operate, maintain, improve, or expand” for “establish, operate, and maintain”.
Subsec. (a)(2). Pub. L. 101–380, § 4107(a)(3), substituted “shall require appropriate” for “require”.
Subsec. (a)(3). Pub. L. 101–380, § 4107(a)(4), inserted “may” before “require”, which was executed by making the insertion before “require” the first place it appeared to reflect the probable intent of Congress.
Subsec. (a)(4). Pub. L. 101–380, § 4107(a)(5), inserted “may” before “control”.
Subsec. (a)(5). Pub. L. 101–380, § 4107(a)(6), inserted “may” before “require”.
1978—Pub. L. 95–474 substituted provision relating to vessel operating requirements for provision relating to the investigatory powers of the Secretary, production of witnesses and documents, and fees and allowances for witnesses.

Effective Date of 2006 Amendment

Pub. L. 109–241, title IX, § 901(d), July 11, 2006, 120 Stat. 564, provided in part that the amendment made by section 901 (d) is effective Aug. 9, 2004.

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101–380, set out as an Effective Date note under section 2701 of this title.

Notice of Arrival for Foreign Vessels on the Outer Continental Shelf

Pub. L. 109–347, title I, § 109, Oct. 13, 2006, 120 Stat. 1893, provided that:
“(a) Notice of Arrival.—Not later than 180 days after the date of the enactment of this Act [Oct. 13, 2006], the Secretary of the department in which the Coast Guard is operating shall update and finalize the rulemaking on notice of arrival for foreign vessels on the Outer Continental Shelf.
“(b) Content of Regulations.—The regulations promulgated pursuant to subsection (a) shall be consistent with information required under the Notice of Arrival under section 160.206 of title 33, Code of Federal Regulations, as in effect on the date of the enactment of this Act [Oct. 13, 2006].”

Direction of Vessel Movement Study; Submittal of Report to Congress

Section 4107(b) of Pub. L. 101–380 provided that:
“(1) Study.—The Secretary shall conduct a study—
“(A) of whether the Secretary should be given additional authority to direct the movement of vessels on navigable waters and should exercise such authority; and
“(B) to determine and prioritize the United States ports and channels that are in need of new, expanded, or improved vessel traffic service systems, by evaluating—
“(i) the nature, volume, and frequency of vessel traffic;
“(ii) the risks of collisions, spills, and damages associated with that traffic;
“(iii) the impact of installation, expansion, or improvement of a vessel traffic service system; and
“(iv) all other relevant costs and data.
“(2) Report.—Not later than 1 year after the date of the enactment of this Act [Aug. 18, 1990], the Secretary shall submit to the Congress a report on the results of the study conducted under paragraph (1) and recommendations for implementing the results of that study.”

Territorial Sea of United States

For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands.


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