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46 U.S.C. § 70035 — Investigatory powers
Federal law — U.S. Code and appendices · legal_authorities
**(a) Secretary.—** The Secretary may investigate any incident, accident, or act involving the loss or destruction of, or damage to, any structure subject to subchapters I through III and this subchapter, or that affects or may affect the safety or environmental quality of the ports, harbors, or navigable waters of the United States.
**(b) Powers.—** In an investigation under this section, the Secretary may issue subpoenas to require the attendance of witnesses and the production of documents or other evidence relating to such incident, accident, or act. If any person refuses to obey a subpoena, the Secretary may request the Attorney General to invoke the aid of the appropriate district court of the United States to compel compliance with the subpoena. Any district court of the United States may, in the case of refusal to obey a subpoena, issue an order requiring compliance with the subpoena, and failure to obey the order may be punished by the court as contempt. Witnesses may be paid fees for travel and attendance at rates not exceeding those allowed in a district court of the United States.
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Source location: Title 46, Chapter 700, § 70035; chapter-700-ports-and-waterways-safety.md
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**(a) Secretary.—** The Secretary may investigate any incident, accident, or act involving the loss or destruction of, or damage to, any structure subject to subchapters I through III and this subchapter, or that affects or may affect the safety or environmental quality of the ports, harbors, or navigable waters of the United States.
**(b) Powers.—** In an investigation under this section, the Secretary may issue subpoenas to require the attendance of witnesses and the production of documents or other evidence relating to such incident, accident, or act. If any person refuses to obey a subpoena, the Secretary may request the Attorney General to invoke the aid of the appropriate district court of the United States to compel compliance with the subpoena. Any district court of the United States may, in the case of refusal to obey a subpoena, issue an order requiring compliance with the subpoena, and failure to obey the order may be punished by the court as contempt. Witnesses may be paid fees for travel and attendance at rates not exceeding those allowed in a district court of the United States.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 1227, Pub. L. 92–340, § 8, formerly title I, § 107, July 10, 1972, 86 Stat. 427; renumbered and amended Pub. L. 95–474, § 2, Oct. 17, 1978, 92 Stat. 1476, related to investigatory powers of the Secretary. See [section 70035 of Title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section70035&num=0&edition=prelim), Shipping.
Section 1228, Pub. L. 92–340, § 9, as added Pub. L. 95–474, § 2, Oct. 17, 1978, 92 Stat. 1476; amended Pub. L. 101–380, title IV, § 4106(c), Aug. 18, 1990, 104 Stat. 514, related to conditions for entry to ports in the United States. See [section 70021 of Title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section70021&num=0&edition=prelim).
Section 1229, Pub. L. 92–340, § 10, as added Pub. L. 95–474, § 2, Oct. 17, 1978, 92 Stat. 1477; amended Pub. L. 98–557, § 29(h), Oct. 30, 1984, 98 Stat. 2875, related to delegations of authority with respect to the Saint Lawrence Seaway. See [section 70032 of Title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section70032&num=0&edition=prelim).
Section 1230, Pub. L. 92–340, § 11, as added Pub. L. 95–474, § 2, Oct. 17, 1978, 92 Stat. 1477; amended Pub. L. 105–383, title III, § 313, Nov. 13, 1998, 112 Stat. 3424, related to international agreements. See [section 70005 of Title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section70005&num=0&edition=prelim).
Section 1231, Pub. L. 92–340, § 12, as added Pub. L. 95–474, § 2, Oct. 17, 1978, 92 Stat. 1477, related to regulations necessary to implement this chapter. See [section 70034 of Title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section70034&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1227 to 1231
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Federal law — U.S. Code and appendices · legal_authorities
Page 550
TITLE 46—SHIPPING
§ 70034
from, a port or place subject to the jurisdiction
of the United States and that is in—
(1) innocent passage through the territorial
sea of the United States; or
(2) transit through the navigable waters of
the United States that form a part of an inter-
national strait.
(Added Pub. L. 115–282, title IV, § 401(a), Dec. 4,
2018, 132 Stat. 4261; amended Pub. L. 116–283, div.
G, title LVXXXV [LXXXV], § 8507(a)(6), Jan. 1,
2021, 134 Stat. 4753.)
Editorial Notes
AMENDMENTS
2021—Pub. L. 116–283 substituted ‘‘I through III’’ for
‘‘A through C’’ in introductory provisions.
§ 70034. Regulations
(a) IN GENERAL.—In accordance with section
553 of title 5, the Secretary shall issue, and may
from time to time amend or repeal, regulations
necessary to implement subchapters I through
III and this subchapter.
(b) CONSULTATION.—In the exercise of the regu-
latory authority under subchapters I through III
and this subchapter, the Secretary shall consult
with, and receive and consider the views of all
interested persons, including—
(1) interested Federal departments and agen-
cies;
(2) officials of State and local governments;
(3) representatives of the maritime commu-
nity;
(4) representatives of port and harbor au-
thorities or associations;
(5) representatives of environmental groups;
(6) any other interested persons who are
knowledgeable or experienced in dealing with
problems involving vessel safety, port and wa-
terways safety, and protection of the marine
environment; and
(7) advisory committees consisting of all in-
terested segments of the public when the es-
tablishment of such committees is considered
necessary because the issues involved are
highly complex or controversial.
(Added Pub. L. 115–282, title IV, § 401
Source: Supplied 2024 U.S. Code historical extraction · 46 U.S.C. § 70035
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