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46 U.S.C. § 70001 — Vessel traffic services
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Subject to the requirements of section 70004, the Secretary—
(1) in any port or place under the jurisdiction of the United States, in the navigable waters of the United States, or in any area covered by an international agreement negotiated pursuant to section 70005, may construct, operate, maintain, improve, or expand vessel traffic services, that consist of measures for controlling or supervising vessel traffic or for protecting navigation and the marine environment and that may include one or more of reporting and operating requirements, surveillance and communications systems, routing systems, and fairways;
(2) shall require appropriate vessels that operate in an area of a vessel traffic service to utilize or comply with that service;
(3) may require vessels to install and use specified navigation equipment, communications equipment, electronic relative motion analyzer equipment, or any electronic or other device necessary to comply with a vessel traffic service or that is necessary in the interests of vessel safety, except that the Secretary shall not require fishing vessels under 300 gross tons as measured under section 14502, or an alternate tonnage measured under section 14302 as prescribed by the Secretary under section 14104, or recreational vessels 65 feet or less to possess or use the equipment or devices required by this subsection solely under the authority of this chapter;
(4) may control vessel traffic in areas subject to the jurisdiction of the United States that the Secretary determines to be hazardous, or under conditions of reduced visibility, adverse weather, vessel congestion, or other hazardous circumstances, by—
(A) specifying times of entry, movement, or departure;
(B) establishing vessel traffic routing schemes;
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Source location: Title 46, Chapter 700, § 70001; chapter-700-ports-and-waterways-safety.md
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**(a) In General.—** Subject to the requirements of section 70004, the Secretary—
(1) in any port or place under the jurisdiction of the United States, in the navigable waters of the United States, or in any area covered by an international agreement negotiated pursuant to section 70005, may construct, operate, maintain, improve, or expand vessel traffic services, that consist of measures for controlling or supervising vessel traffic or for protecting navigation and the marine environment and that may include one or more of reporting and operating requirements, surveillance and communications systems, routing systems, and fairways;
(2) shall require appropriate vessels that operate in an area of a vessel traffic service to utilize or comply with that service;
(3) may require vessels to install and use specified navigation equipment, communications equipment, electronic relative motion analyzer equipment, or any electronic or other device necessary to comply with a vessel traffic service or that is necessary in the interests of vessel safety, except that the Secretary shall not require fishing vessels under 300 gross tons as measured under section 14502, or an alternate tonnage measured under section 14302 as prescribed by the Secretary under section 14104, or recreational vessels 65 feet or less to possess or use the equipment or devices required by this subsection solely under the authority of this chapter;
(4) may control vessel traffic in areas subject to the jurisdiction of the United States that the Secretary determines to be hazardous, or under conditions of reduced visibility, adverse weather, vessel congestion, or other hazardous circumstances, by—
(A) specifying times of entry, movement, or departure;
(B) establishing vessel traffic routing schemes;
(C) establishing vessel size, speed, or draft limitations and vessel operating conditions; and
(D) restricting operation, in any hazardous area or under hazardous conditions, to vessels that have particular operating characteristics or capabilities that the Secretary considers necessary for safe operation under the circumstances;
(5) may require the receipt of prearrival messages from any vessel, destined for a port or place subject to the jurisdiction of the United States, in sufficient time to permit advance vessel traffic planning before port entry, which shall include any information that is not already a matter of record and that the Secretary determines necessary for the control of the vessel and the safety of the port or the marine environment; and
(6) may prohibit the use on vessels of electronic or other devices that interfere with communication and navigation equipment, except that such authority shall not apply to electronic or other devices certified to transmit in the maritime services by the Federal Communications Commission and used within the frequency bands 157.1875–157.4375 MHz and 161.7875–162.0375 MHz.
**(b) National Policy.—**
(1) **Establishment and update of national policy.—**
(A) *Establishment of policy.—* — Not later than one year after the date of enactment of this section, the Secretary shall establish a national policy which is inclusive of local variances permitted under subsection (c), to be applied to all vessel traffic service centers and publish such policy in the Federal Register.
(B) *Update.—* — The Secretary shall periodically update the national policy established under subparagraph (A) and shall publish such update in the Federal Register or on a publicly available website.
(2) **Elements.—** — The national policy established and updated under paragraph (1) shall include, at a minimum, the following:
(A) Standardization of titles, roles, and responsibilities for all personnel assigned, working, or employed in a vessel traffic service center.
(B) Standardization of organizational structure within vessel traffic service centers, to include supervisory and reporting chain and processes.
(C) Establishment of directives for the application of authority provided to each vessel traffic service center, specifically with respect to directing or controlling vessel movement when such action is justified in the interest of safety.
(D) Establishment of thresholds and measures for monitoring, informing, recommending, and directing vessel traffic.
(E) Establishment of national procedures and protocols for vessel traffic management.
(F) Standardization of training for all vessel traffic service directors, operators, and watchstanders.
(G) Establishment of certification and competency evaluation for all vessel traffic service directors, operators, and watchstanders.
(H) Establishment of standard operating language when communicating with vessel traffic users.
(I) Establishment of data collection, storage, management, archiving, and dissemination policies and procedures for vessel incidents and near-miss incidents.
**(c) Local Variances.—**
(1) **Development.—** — In this section, the Secretary may provide for such local variances as the Secretary considers appropriate to account for the unique vessel traffic, waterway characteristics, and any additional factors that are appropriate to enhance navigational safety in any area where vessel traffic services are provided.
(2) **Review and approval by secretary.—** — The Captain of the Port covered by a vessel traffic service center may develop and submit to the Secretary regional policies in addition to the national policy established and updated under subsection (b) to account for variances from that national policy with respect to local vessel traffic conditions and volume, geography, water body characteristics, waterway usage, and any additional factors that the Captain considers appropriate.
(3) **Review and implementation.—** — Not later than 180 days after receiving regional policies under paragraph (2)—
(A) the Secretary shall review such regional policies; and
(B) the Captain of the port concerned shall implement the policies that the Secretary approves.
(4) **Maintenance.—** — The Secretary shall maintain a central depository for all local variances approved under this section.
**(d) Cooperative Agreements.—**
(1) **In general.—** — The Secretary may enter into cooperative agreements with public or private agencies, authorities, associations, institutions, corporations, organizations, or other persons to carry out the functions under subsection (a)(1).
(2) **International coordination.—** — With respect to vessel traffic service areas that cross international boundaries, the Secretary may enter into bilateral or cooperative agreements with international partners to jointly carry out the functions under subsection (a)(1) and to jointly manage such areas to collect, share, assess, and analyze information in the possession or control of the international partner.
(3) **Limitation.—**
(A) *Inherently governmental function.—* — A nongovernmental entity may not under this subsection carry out an inherently governmental function.
(B) *Definition of inherently governmental function.—* — In this paragraph, the term “inherently governmental function” means any activity that is so intimately related to the public interest as to mandate performance by an officer or employee of the Federal Government, including an activity that requires either the exercise of discretion in applying the authority of the Government or the use of judgment in making a decision for the Government.
(4) **Disclosure.—** — The Commandant of the Coast Guard shall de-identify information prior to release to the public, including near miss incidents.
**(e) Performance Evaluation.—**
(1) **In general.—** — The Secretary shall develop and implement a standard method for evaluating the performance of vessel traffic service centers.
(2) **Elements.—** — The standard method developed and implemented under paragraph (1) shall include, at a minimum, analysis and collection of data with respect to the following within a vessel traffic service area covered by each vessel traffic service center:
(A) Volume of vessel traffic, categorized by type of vessel.
(B) Total volume of flammable, combustible, or hazardous liquid cargo transported, categorized by vessel type as provided in the Notice of Arrival, if applicable, or as determined by other means.
(C) Data on near-miss incidents.
(D) Data on marine casualties.
(E) Application by vessel traffic operators of traffic management authority during near-miss incidents and marine casualties.
(F) Other additional methods as the Secretary considers appropriate.
(3) **Report.—** — Not later than 1 year after the date of the enactment of this paragraph, and biennially thereafter, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the evaluation conducted under paragraph (1) of the performance of vessel traffic service centers, including—
(A) recommendations to improve safety and performance; and
(B) data regarding marine casualties and near-miss incidents that have occurred during the period covered by the report.
**(f) Risk Assessment Program.—**
(1) **In general.—** — The Secretary shall develop a continuous risk assessment program to evaluate and mitigate safety risks for each vessel traffic service area to improve safety and reduce the risks of oil and hazardous material discharge in navigable waters.
(2) **Method for assessment.—** — The Secretary, in coordination with stakeholders and the public, shall develop a standard method for conducting risk assessments under paragraph (1) that includes the collection and management of all information necessary to identify and analyze potential hazardous navigational trends within a vessel traffic service area.
(3) **Information to be assessed.—**
(A) *In general.—* — The Secretary shall ensure that a risk assessment conducted under paragraph (1) includes an assessment of the following:
(i) Volume of vessel traffic, categorized by type of vessel.
(ii) Total volume of flammable, combustible, or hazardous liquid cargo transported, categorized by vessel type as provided in the Notice of Arrival, if applicable, or as determined by other means.
(iii) Data on near-miss events incidents.
(iv) Data on marine casualties.
(v) Geographic locations for near-miss events incidents and marine casualties, including latitude and longitude.
(vi) Cyclical risk factors such as weather, ice cover, seasonal water body currents, tides, bathymetry, and topography.
(vii) Weather data and information, in coordination with the Administrator of the National Oceanic and Atmospheric Administration.
(B) *Information storage and management policies.—* — The Secretary shall retain all information collected under subparagraph (A) and ensure policies and procedures are in place to standardize the format in which that information is retained to facilitate statistical analysis of that information to calculate within a vessel traffic service area, at a minimum, the incident rate, intervention rate, and casualty prevention rate.
(4) **Public availability.—**
(A) *Assessments and information.—* — In accordance with [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim), the Secretary shall make any risk assessments conducted under paragraph (1) and any information collected under paragraph (3)(A) available to the public.
(B) *Information in possession or control of international partners.—* — The Secretary shall endeavor to coordinate with international partners as described in subsection (d)(2) to enter into agreements to make information collected, shared, and analyzed under that paragraph available to the public.
(C) *Disclosure.—* — The Commandant of the Coast Guard shall de-identify information prior to release to the public, including near-miss incidents.
**(g) Vessel Traffic Service Training.—**
(1) **Training program.—**
(A) *In general.—* — The Secretary shall develop a comprehensive nationwide training program for all vessel traffic service directors, operators, and watchstanders.
(B) *Elements.—* — The comprehensive nationwide training program under subparagraph (A) and any variances to that program under subsection (c) shall include, at a minimum, the following:
(i) Realistic vessel traffic scenarios to the maximum extent practicable that integrate—
(I) the national policy developed under subsection (b);
(II) international rules under the International Navigational Rules Act of 1977 ([33 U.S.C. 1601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1601&num=0&edition=prelim) et seq.);
(III) inland navigation rules under part 83 of title 33, Code of Federal Regulations;
(IV) the application of vessel traffic authority; and
(V) communication with vessel traffic service users.
(ii) Proficiency training with respect to use, interpretation, and integration of available data on vessel traffic service display systems such as radar, and vessel automatic identification system feeds.
(iii) Practical application of—
(I) the international rules under the International Navigational Rules Act of 1977 ([33 U.S.C. 1601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1601&num=0&edition=prelim) et seq.); and
(II) the inland navigation rules under part 83 of title 33, Code of Federal Regulations.
(iv) Proficiency training with respect to the operation of radio communications equipment and any other applicable systems necessary to execute vessel traffic service authorities.
(v) Incorporation of the Standard Marine Communication Phrases adopted by the International Maritime Organization by resolution on April 4, 2000, as amended and consolidated, or any successor resolution.
(vi) Incorporation to the maximum extent possible of guidance and recommendations contained in vessel traffic services operator training, vessel traffic services supervisor training, or other relevant training set forth by the International Association of Marine Aids to Navigation and Lighthouse Authorities.
(vii) A minimum number of hours of training for an individual to complete before the individual is qualified to fill a vessel traffic services position without supervision.
(viii) Local area geographic and operational familiarization.
(ix) Such additional components as the Secretary considers appropriate.
(2) **Standard competency qualification process.—**
(A) *In general.—* — The Secretary shall develop a standard competency qualification process to be applied to all personnel assigned, employed, or working in a vessel traffic service center.
(B) *Application of process.—* — The competency qualification process developed under subparagraph (A) shall include measurable thresholds for determining proficiency.
(3) **International and inland navigation rules test.—**
(A) *In general.—* — All personnel assigned, employed, or working in a vessel traffic service center with responsibilities that include communicating, interacting, or directing vessels within a vessel traffic service area, as determined under the national policy developed under subsection (b), shall be required to pass a United States international and inland navigation rules test developed by the Secretary.
(B) *Elements of test.—* — The Secretary shall determine the content and passing standard for the rules test developed under subparagraph (A).
(C) *Testing frequency.—* — The Secretary shall establish a frequency, not to exceed once every 5 years, for personnel described in subparagraph (A) to be required to pass the rules test developed under such subparagraph.
**(h) Research on Vessel Traffic.—**
(1) **Vessel communication.—** — The Secretary shall conduct research, in consultation with subject matter experts identified by the Secretary, to develop more effective procedures for monitoring vessel communications on radio frequencies to identify and address unsafe situations in a vessel traffic service area. The Secretary shall consider data collected under subparagraph (A) of subsection (f)(3).
(2) **Professional mariner representation.—**
(A) *In general.—* — The Secretary shall conduct research, in consultation with local stakeholders and subject matter experts identified by the Secretary, to evaluate and determine the feasibility, costs and benefits of representation by professional mariners on the vessel traffic service watchfloor at each vessel traffic service center.
(B) *Implementation.—* — The Secretary shall implement representation by professional mariners on the vessel traffic service watchfloor at those vessel traffic service centers for which it is determined feasible and beneficial pursuant to research conducted under subparagraph (A).
**(i) Inclusion of Identification System on Certain Vessels.—**
(1) **In general.—** — The National Navigation Safety Advisory Committee shall advise and provide recommendations to the Secretary on matters relating to the practicability, economic costs, regulatory burden, and navigational impact of outfitting vessels lacking independent means of propulsion that carry flammable, combustible, or hazardous liquid cargo with vessel automatic identification systems.
(2) **Regulations.—** — Based on the evaluation under paragraph (1), the Secretary shall prescribe such regulations as the Secretary considers appropriate to establish requirements relating to the outfitting of vessels described in such subparagraph with vessel automatic identification systems.
**(j) Periodic Review of Vessel Traffic Service Needs.—**
(1) **In general.—** — Based on the performance evaluation conducted under subsection (e) and the risk assessment conducted under subsection (f), the Secretary shall periodically review vessel traffic service areas to determine—
(A) if there are any additional vessel traffic service needs in those areas; and
(B) if a vessel traffic service area should be moved or modified.
(2) **Information to be assessed.—**
(A) *In general.—* — The Secretary shall ensure that a review conducted under paragraph (1) includes an assessment of the following:
(i) Volume of vessel traffic, categorized by type of vessel.
(ii) Total volume of flammable, combustible, or hazardous liquid cargo transported, categorized by vessel type as provided in the Notice of Arrival, if applicable, or as determined by other means.
(iii) Data on near miss incidents.
(iv) Data on marine casualties.
(v) Geographic locations for near-miss incidents and marine casualties, including latitude and longitude.
(vi) Cyclical risk factors such as weather, ice cover, seasonal water body currents, tides, bathymetry, and topography.
(vii) Weather data and information, in coordination with the Administrator of the National Oceanic and Atmospheric Administration.
(3) **Stakeholder input.—** — In conducting the periodic reviews under paragraph (1), the Secretary shall seek input from port and waterway stakeholders to identify areas of increased vessel conflicts or marine casualties that could benefit from the use of routing measures or vessel traffic service special areas to improve safety, port security, and environmental protection.
(4) **Disclosure.—** — The Commandant of the Coast Guard shall de-identify information prior to release to the public, including near miss incidents.
**(k) Limitation of Liability for Coast Guard Vessel Traffic Service Pilots and Non-Federal Vessel Traffic Service Operators.—**
(1) **Coast guard vessel traffic service pilots.—** — Any pilot, acting in the course and scope of his or her duties while at a Coast Guard Vessel Traffic Service Center, who provides information, advice, or communication assistance while under the supervision of a Coast Guard officer, member, or employee shall not be liable for damages caused by or related to such assistance unless the acts or omissions of such pilot constitute gross negligence or willful misconduct.
(2) **Non-federal vessel traffic service operators.—** — An entity operating a non-Federal vessel traffic information service or advisory service pursuant to a duly executed written agreement with the Coast Guard, and any pilot acting on behalf of such entity, is not liable for damages caused by or related to information, advice, or communication assistance provided by such entity or pilot while so operating or acting unless the acts or omissions of such entity or pilot constitute gross negligence or willful misconduct.
**(l)** The regulations required under section 109(a) of the Security and Accountability For Every Port Act of 2006 ([46 U.S.C. 70001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section70001&num=0&edition=prelim) 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 unless the vessel arrives from a foreign port or place.
**(m) Existing Authority.—** Nothing in this section shall be construed to alter the existing authorities of the Secretary to enhance navigation, vessel safety, marine environmental protection, and to ensure safety and preservation of life and property at sea.
**(n) Definitions.—** In this section:
(1) **Hazardous liquid cargo.—** — The term “hazardous liquid cargo” has the meaning given that term in regulations prescribed under [section 5103 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section5103&num=0&edition=prelim).
(2) **Marine casualty.—** — The term “marine casualty” has the meaning given that term in regulations prescribed under section 6101(a).
(3) **Vessel traffic service area.—** — The term “vessel traffic service area” means an area specified in subpart C of part 161 of title 33, Code of Federal Regulations, or any successor regulation.
(4) **Vessel traffic service center.—** — The term “vessel traffic service center” means a center for the provision of vessel traffic services in a vessel traffic service area.
(5) **Near miss incident.—** — The term “near miss incident” means any occurrence or series of occurrences having the same origin, involving one or more vessels, facilities, or any combination thereof, resulting in the substantial threat of a marine casualty.
(6) **De-identified.—** — The term “de-identified” means the process by which all information that is likely to establish the identity of the specific persons or entities noted in the reports, data, or other information is removed from the reports, data, or other information.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Designating Material as Hazardous.—** The Secretary shall designate material (including an explosive, radioactive material, infectious substance, flammable or combustible liquid, solid, or gas, toxic, oxidizing, or corrosive material, and compressed gas) or a group or class of material as hazardous when the Secretary determines that transporting the material in commerce in a particular amount and form may pose an unreasonable risk to health and safety or property.
**(b) Regulations for Safe Transportation.—**
(1) The Secretary shall prescribe regulations for the safe transportation, including security, of hazardous material in intrastate, interstate, and foreign commerce. The regulations—
(A) apply to a person who—
(i) transports hazardous material in commerce;
(ii) causes hazardous material to be transported in commerce;
(iii) designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce;
(iv) prepares or accepts hazardous material for transportation in commerce;
(v) is responsible for the safety of transporting hazardous material in commerce;
(vi) certifies compliance with any requirement under this chapter; or
(vii) misrepresents whether such person is engaged in any activity under clause (i) through (vi); and
(B) shall govern safety aspects, including security, of the transportation of hazardous material the Secretary considers appropriate.
(2) A proceeding to prescribe the regulations must be conducted under [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=p
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 5103
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Federal law — U.S. Code and appendices · legal_authorities
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: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1601
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Federal law — U.S. Code and appendices · legal_authorities
In this subtitle—
(1) “associated equipment”—
(A) means—
(i) a system, accessory, component, or appurtenance of a recreational vessel; or
(ii) a marine safety article intended for use on board a recreational vessel; but
(B) with the exception of emergency locator beacons for recreational vessels operating beyond 3 nautical miles from the baselines from which the territorial sea of the United States is measured or beyond 3 nautical miles from the coastline of the Great Lakes, does not include radio equipment.
(2) “Coast Guard” means the organization established and continued under [section 101 of title 14](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title14-section101&num=0&edition=prelim).
(3) “Commandant” means the Commandant of the Coast Guard.
(4) “commercial service” includes any type of trade or business involving the transportation of goods or individuals, except service performed by a combatant vessel.
(5) “consideration” means an economic benefit, inducement, right, or profit including pecuniary payment accruing to an individual, person, or entity, but not including a voluntary sharing of the actual expenses of the voyage, by monetary contribution or donation of fuel, food, beverage, or other supplies.
(6) “crude oil” means a liquid hydrocarbon mixture occurring naturally in the earth, whether or not treated to render it suitable for transportation, and includes crude oil from which certain distillate fractions may have been removed, and crude oil to which certain distillate fractions may have been added.
(7) “crude oil tanker” means a tanker engaged in the trade of carrying crude oil.
(8) “dangerous drug” means a narcotic drug, a controlled substance, or a controlled substance analog (as defined in section 102 of the Com
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each agency shall make available to the public information as follows:
(1) Each agency shall separately state and currently publish in the Federal Register for the guidance of the public—
(A) descriptions of its central and field organization and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions;
(B) statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available;
(C) rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations;
(D) substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; and
(E) each amendment, revision, or repeal of the foregoing.
Except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published in the Federal Register and not so published. For the purpose of this paragraph, matter reasonably available to the class of persons affected thereby is deemed published in the Federal Register when incorporated by reference therein with the approval of the Director of the Federal Register.
(2) Each agency, in accordance with published rules, shall make available for public inspection in an electronic format—
(A) final opinions, including concurring and dissen
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of the Department in which the Coast Guard is operating may issue inland navigation regulations applicable to all vessels upon the inland waters of the United States and technical annexes that are as consistent as possible with the respective annexes to the International Regulations.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purpose of executing the duties and functions of the Coast Guard the Commandant may:
(1) maintain water, land, and air patrols, and ice-breaking facilities;
(2) establish and prescribe the purpose of, change the location of, consolidate, discontinue, re-establish, maintain, operate, and repair Coast Guard shore establishments;
(3) assign vessels, aircraft, vehicles, aids to navigation, equipment, appliances, and supplies to Coast Guard districts and shore establishments, and transfer any of the foregoing from one district or shore establishment to another;
(4) conduct experiments and investigate, or cause to be investigated, plans, devices, and inventions relating to the performance of any Coast Guard function, including research, development, test, or evaluation related to intelligence systems and capabilities;
(5) conduct any investigations or studies that may be of assistance to the Coast Guard in the performance of any of its powers, duties, or functions;
(6) collect, publish, and distribute information concerning Coast Guard operations;
(7) conduct or make available to personnel of the Coast Guard, and to eligible spouses as defined under section 2904, such specialized training and courses of instruction, including correspondence courses and the textbooks, manuals, and other materials required as part of such training or course of instruction, as may be necessary or desirable for the good of the service;
(8) design or cause to be designed, cause to be constructed, accept as gift, or otherwise acquire patrol boats and other small craft, equip, operate, maintain, supply, and repair such patrol boats, other small craft, aircraft, and vehicles, and subject to applicable regulations under subtitle I of title 40 and division C (except sections 330
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Not later than 180 days after December 23, 2022, the Under Secretary, in consultation with the Director of the United States Fish and Wildlife Service, the Secretary, the Secretary of Defense, and the Administrator of the Maritime Administration, shall establish a grant program to provide assistance to eligible entities to develop and implement mitigation measures that will lead to a quantifiable reduction in threats to marine mammals from vessel traffic, including shipping activities and port operations.
**(b) Eligible uses** Assistance provided under subsection (a) may be used to develop, assess, and carry out activities that reduce threats to marine mammals by—
(1) reducing underwater stressors related to marine traffic;
(2) reducing mortality and serious injury from vessel strikes and other physical disturbances;
(3) monitoring sound;
(4) reducing vessel interactions with marine mammals;
(5) conducting other types of monitoring that are consistent with reducing the threats to, and enhancing the habitats of, marine mammals; or
(6) supporting State agencies and Tribal governments in developing the capacity to receive assistance under this section through education, training, information sharing, and collaboration to participate in the grant program under this section.
**(c) Priority** The Under Secretary shall prioritize providing assistance under subsection (a) for projects that—
(1) are based on the best available science with respect to methods to reduce threats to marine mammals;
(2) collect data on the effects of such methods and the reduction of such threats;
(3) assist ports that pose a higher relative threat to marine mammals listed as threatened or endangered under the Endangered Species Act of 1973 ([16 U.S.C. 1531](https://usco
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 1221, Pub. L. 92–340, § 2, formerly title I, § 101, July 10, 1972, 86 Stat. 424; renumbered and amended Pub. L. 95–474, § 2, Oct. 17, 1978, 92 Stat. 1471; Pub. L. 107–295, title IV, § 443(1), Nov. 25, 2002, 116 Stat. 2132, related to statement of policy.
Section 1222, Pub. L. 92–340, § 3, formerly title I, § 102, July 10, 1972, 86 Stat. 425; renumbered and amended Pub. L. 95–474, § 2, Oct. 17, 1978, 92 Stat. 1471; Pub. L. 105–383, title III, § 301(a), Nov. 13, 1998, 112 Stat. 3417; Pub. L. 108–293, title III, § 304, Aug. 9, 2004, 118 Stat. 1042, provided definitions for the chapter.
Section 1223, 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; Pub. L. 115–44, title III, § 315(b)(1), Aug. 2, 2017, 131 Stat. 949, related to vessel operating requirements. See [section 70001 of Title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section70001&num=0&edition=prelim), Shipping.
#### Short Title of 1986 Amendment
Pub. L. 99–399, title IX, § 901, Aug. 27, 1986, 100 Stat. 889, provided that: “This title [enacting [section 1226 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1226&num=0&edition=prelim) and sections 1801 to 1809 of the former Appendix to Title 46, Shipping] may be cited as the ‘International Maritime and Port Security Act’.”
#### Short Title of 1978 Amendment
Pub. L. 95–474, § 1, Oct. 17, 1978, 92 Stat. 14
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1221 to 1223
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** For the purpose of this section, the term—
(1) “oil” means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil;
(2) “discharge” includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying or dumping, but excludes (A) discharges in compliance with a permit under [section 1342 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1342&num=0&edition=prelim), (B) discharges resulting from circumstances identified and reviewed and made a part of the public record with respect to a permit issued or modified under [section 1342 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1342&num=0&edition=prelim), and subject to a condition in such permit,,11 So in original. (C) continuous or anticipated intermittent discharges from a point source, identified in a permit or permit application under [section 1342 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1342&num=0&edition=prelim), which are caused by events occurring within the scope of relevant operating or treatment systems, and (D) discharges incidental to mechanical removal authorized by the President under subsection (c) of this section;
(3) “vessel” means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water other than a public vessel;
(4) “public vessel” means a vessel owned or bareboat-chartered and operated by the United States, or by a State or political subdivision thereof, or by a foreign nation, except when such vessel is engaged in commerce;
(5) “United States”
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1321
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** On request of the owner of a vessel measured under this chapter that is of United States registry or nationality, or a vessel operated under the authority of the United States, the Secretary also shall measure the vessel under chapter 145 of this title. The tonnages determined under that chapter shall be used in applying—
(1) parts A, B, C, E, F, and G of this subtitle and [section 12116 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12116&num=0&edition=prelim);
(2) section 3(d)(3) of the Longshore and Harbor Workers’ Compensation Act ([33 U.S.C. 903(d)(3)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section903/d/3&num=0&edition=prelim));
(3) section 4 of the Bridge to Bridge Radiotelephone Act ([33 U.S.C. 1203(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1203/a&num=0&edition=prelim));
(4) section 4(a)(3) 11 See References in Text note below. of the Ports and Waterways Safety Act ([33 U.S.C. 1223(a)(3)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1223/a/3&num=0&edition=prelim));
(5) [section 30524 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section30524&num=0&edition=prelim);
(6) sections 12118 and 12132 of this title;
(7) [section 12139(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12139/b&num=0&edition=prelim);
(8) sections 351, 352, 355, and 356 of the Ship Radio Act ([47 U.S.C. 351](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section351&num=0&edition=prelim), 352, 354, and 354a);
(9) section 403 of the Commercial Fishing Industry Vessel Act ([46 U.S.C. 3302](https://uscode.house.gov/view.xhtml?req=granule
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 14305
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.