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46 U.S.C. § 70034 — Regulations

Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 70034 — Regulations

**(a) In General.—** In accordance with [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim), 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 regulatory 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 agencies; (2) officials of State and local governments; (3) representatives of the maritime community; (4) representatives of port and harbor authorities 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 waterways safety, and protection of the marine environment; and (7) advisory committees consisting of all interested segments of the public when the establishment of such committees is considered necessary because the issues involved are highly complex or controversial.

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Source file: Laws/federal/codes/united-states-code/title-46/section-70034-regulations--74b6ea9e55.md
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Source location: Title 46, Chapter 700, § 70034; chapter-700-ports-and-waterways-safety.md

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Federal law — U.S. Code and appendices · legal_authorities

51 U.S.C. § 50902 — Definitions

In this chapter— (1) “citizen of the United States” means— (A) an individual who is a citizen of the United States; (B) an entity organized or existing under the laws of the United States or a State; or (C) an entity organized or existing under the laws of a foreign country if the controlling interest (as defined by the Secretary of Transportation) is held by an individual or entity described in subclause (A) or (B) of this clause. (2) “crew” means any employee of a licensee or transferee, or of a contractor or subcontractor of a licensee or transferee, who performs activities in the course of that employment directly relating to the launch, reentry, or other operation of or in a launch vehicle or reentry vehicle that carries human beings. (3) “executive agency” has the same meaning given that term in [section 105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section105&num=0&edition=prelim). (4) “government astronaut” means an individual who— (A) is designated by the National Aeronautics and Space Administration under section 20113(n); (B) is carried within a launch vehicle or reentry vehicle in the course of his or her employment, which may include performance of activities directly relating to the launch, reentry, or other operation of the launch vehicle or reentry vehicle; and (C) is either— (i) an employee of the United States Government, including the uniformed services, engaged in the performance of a Federal function under authority of law or an Executive act; or (ii) an international partner astronaut. (5) “international partner astronaut” means an individual designated under Article 11 of the International Space Station Intergovernmental Agreement, by a partner to that agreement other than the

Source: Supplied U.S. Code snapshot — release unconfirmed · 51 U.S.C. § 50902

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 12103 — General eligibility requirements

**(a) In General.—** Except as otherwise provided, a certificate of documentation for a vessel may be issued under this chapter only if the vessel is— (1) wholly owned by one or more individuals or entities described in subsection (b); (2) at least 5 net tons as measured under part J of this subtitle; and (3) not documented under the laws of a foreign country. **(b) Eligible Owners.—** For purposes of subsection (a)(1), the following are eligible owners: (1) An individual who is a citizen of the United States. (2) An association, trust, joint venture, or other entity if— (A) each of its members is a citizen of the United States; and (B) it is capable of holding title to a vessel under the laws of the United States or a State. (3) A partnership if— (A) each general partner is a citizen of the United States; and (B) the controlling interest in the partnership is owned by citizens of the United States. (4) A corporation if— (A) it is incorporated under the laws of the United States or a State; (B) its chief executive officer, by whatever title, and the chairman of its board of directors are citizens of the United States; and (C) no more of its directors are noncitizens than a minority of the number necessary to constitute a quorum. (5) The United States Government. (6) The government of a State. **(c) Temporary Certificates Prior to Measurement.—** Notwithstanding subsection (a)(2), the Secretary may issue a temporary certificate of documentation for a vessel before it is measured.

Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 12103

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 553 — Rule making

**(a)** This section applies, according to the provisions thereof, except to the extent that there is involved— (1) a military or foreign affairs function of the United States; or (2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts. **(b)** General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include— (1) a statement of the time, place, and nature of public rule making proceedings; (2) reference to the legal authority under which the rule is proposed; (3) either the terms or substance of the proposed rule or a description of the subjects and issues involved; and (4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 ([44 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3501&num=0&edition=prelim) note) (commonly known as regulations.gov). Except when notice or hearing is required by statute, this subsection does not apply— (A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or (B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest. **(c)** After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through subm

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1227 to 1231 — Repealed. Pub. L. 115–282, title IV, § 402(e), Dec. 4, 2018, 132 Stat. 4264

### 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

46 U.S.C. § 70034 — Regulations

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. § 70034

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