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), came into effect pursuant to the Convention on the International Regulations for Preventing Collisions at Sea, 1972. See International Regulations for Preventing Collisions at Sea, 1972 note under section 1602 of this title.
2017—Subsec. (b)(2). Pub. L. 115–44 inserted “or 1232c” after “section 1228”.
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.
No Wake Zones in Navigation Channels
Pub. L. 114–322, title I, § 1149, Dec. 16, 2016, 130 Stat. 1660, provided that:
At the request of a State
or local official, the Secretary
[of the Army], in consultation with the Commandant of the Coast Guard, shall promptly identify and, subject to the considerations in subsection (b), allow the implementation of measures for addressing navigation safety hazards in a covered navigation channel resulting from wakes created by recreational vessels identified by such official, while maintaining the navigability of the channel.
“(b)Considerations.—In identifying measures under subsection (a) with respect to a covered navigation channel, the Secretary shall consider, at a minimum, whether—
or local law enforcement officers have documented the existence of safety hazards in the channel that are the direct result of excessive wakes from recreational vessels present in the channel;
has made a determination that safety concerns exist in the channel and that the proposed measures will remedy those concerns without significant impacts to the navigable capacity of the channel; and
the measures are consistent with any recommendations made by the Commandant of the Coast Guard to ensure the safety of vessels operating in the channel and the safety of the passengers and crew aboard such vessels.
“(c)Covered Navigation Channel Defined.—In this section, the term ‘covered navigation channel’ means a navigation channel that—
is federally marked or maintained;
is part of the Atlantic Intracoastal Waterway; and
is adjacent to a marina.
Nothing in this section shall be construed to relieve the master, pilot, or other person
responsible for determining the speed of a vessel from the obligation to comply with the inland navigation regulations promulgated pursuant to section 3 of the Inland Navigational Rules Act of 1980 (33 U.S.C. 2071
) or any other applicable laws or regulations governing the safe navigation of a vessel.”
Notice of Arrival for Foreign Vessels on the Outer Continental Shelf
Pub. L. 112–213, title VII, § 704, Dec. 20, 2012, 126 Stat. 1580, provided that:
“The regulations required under section 109(a) of the Security and Accountability For Every Port Act of 2006 [Pub. L. 109–347
] (33 U.S.C. 1223
note) dealing with notice of arrival requirements for foreign vessels on the Outer Continental Shelf shall not apply to a vessel documented under section 12105 of title 46
, United States
Code, unless the vessel arrives from a foreign port or place.”
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
Pub. L. 101–380, title IV, § 4107(b), Aug. 18, 1990, 104 Stat. 514, provided that:
“(1)Study.—The Secretary shall conduct a study—
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—
the nature, volume, and frequency of vessel traffic;
the risks of collisions, spills, and damages associated with that traffic;
the impact of installation, expansion, or improvement of a vessel traffic service system; and
all other relevant costs and data.
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.”