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46 U.S.C. § 70021 — Conditions for entry to ports in the United States
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** No vessel that is subject to chapter 37 shall operate in the navigable waters of the United States or transfer cargo or residue in any port or place under the jurisdiction of the United States, if such vessel—
(1) has a history of accidents, pollution incidents, or serious repair problems that, as determined by the Secretary, creates reason to believe that such vessel may be unsafe or may create a threat to the marine environment;
(2) fails to comply with any applicable regulation issued under section 70034, chapter 37, or any other applicable law or treaty;
(3) discharges oil or hazardous material in violation of any law of the United States or in a manner or quantities inconsistent with any treaty to which the United States is a party;
(4) does not comply with any applicable vessel traffic service requirements;
(5) is manned by one or more officers who are licensed by a certificating State that the Secretary has determined, pursuant to [section 9101 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section9101&num=0&edition=prelim), does not have standards for licensing and certification of seafarers that are comparable to or more stringent than United States standards or international standards that are accepted by the United States;
(6) is not manned in compliance with manning levels as determined by the Secretary to be necessary to insure the safe navigation of the vessel; or
(7) while underway, does not have at least one licensed deck officer on the navigation bridge who is capable of clearly understanding English.
**(b) Exceptions.—**
(1) **In general.—** — The Secretary may allow provisional entry of a vessel that is not in compliance with subsection (a), if the owner or operator of such vessel proves
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Source location: Title 46, Chapter 700, § 70021; chapter-700-ports-and-waterways-safety.md
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**(a) In General.—** No vessel that is subject to chapter 37 shall operate in the navigable waters of the United States or transfer cargo or residue in any port or place under the jurisdiction of the United States, if such vessel—
(1) has a history of accidents, pollution incidents, or serious repair problems that, as determined by the Secretary, creates reason to believe that such vessel may be unsafe or may create a threat to the marine environment;
(2) fails to comply with any applicable regulation issued under section 70034, chapter 37, or any other applicable law or treaty;
(3) discharges oil or hazardous material in violation of any law of the United States or in a manner or quantities inconsistent with any treaty to which the United States is a party;
(4) does not comply with any applicable vessel traffic service requirements;
(5) is manned by one or more officers who are licensed by a certificating State that the Secretary has determined, pursuant to [section 9101 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section9101&num=0&edition=prelim), does not have standards for licensing and certification of seafarers that are comparable to or more stringent than United States standards or international standards that are accepted by the United States;
(6) is not manned in compliance with manning levels as determined by the Secretary to be necessary to insure the safe navigation of the vessel; or
(7) while underway, does not have at least one licensed deck officer on the navigation bridge who is capable of clearly understanding English.
**(b) Exceptions.—**
(1) **In general.—** — The Secretary may allow provisional entry of a vessel that is not in compliance with subsection (a), if the owner or operator of such vessel proves, to the satisfaction of the Secretary, that such vessel is not unsafe or a threat to the marine environment, and if such entry is necessary for the safety of the vessel or persons aboard.
(2) **Provisions not applicable.—** — Paragraphs (1), (2), (3), and (4) of subsection (a) of this section shall not apply to a vessel allowed provisional entry under paragraph (1) if the owner or operator of such vessel proves, to the satisfaction of the Secretary, that such vessel is no longer unsafe or a threat to the marine environment, and is no longer in violation of any applicable law, treaty, regulation, or condition, as appropriate.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The Secretary shall evaluate the manning, training, qualification, and watchkeeping standards of a foreign country that issues documentation for any vessel to which chapter 37 of this title applies—
(A) on a periodic basis; and
(B) when the vessel is involved in a marine casualty required to be reported under section 6101(a)(4) or (5) of this title.
(2) After each evaluation made under paragraph (1) of this subsection, the Secretary shall determine whether—
(A) the foreign country has standards for licensing and certification of seamen that are at least equivalent to United States law or international standards accepted by the United States; and
(B) those standards are being enforced.
(3) If the Secretary determines under this subsection that a country has failed to maintain or enforce standards at least equivalent to United States law or international standards accepted by the United States, the Secretary shall prohibit vessels issued documentation by that country from entering the United States until the Secretary determines those standards have been established and are being enforced.
(4) The Secretary may allow provisional entry of a vessel prohibited from entering the United States under paragraph (3) of this subsection if—
(A) the owner or operator of the vessel establishes, to the satisfaction of the Secretary, that the vessel is not unsafe or a threat to the marine environment; or
(B) the entry is necessary for the safety of the vessel or individuals on the vessel.
**(b)** A foreign vessel to which chapter 37 of this title applies that has on board oil or hazardous material in bulk as cargo or cargo residue shall have a specified number of personnel certified as tankerman or equivalent, as required by the Secretary, when the ve
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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).
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Federal law — U.S. Code and appendices · legal_authorities
Page 547
TITLE 46—SHIPPING
§ 70022
1 So in original. Probably should be preceded by ‘‘the’’.
erating on the navigable waters of the United
States.
(b) EXCEPTIONS.—This section shall not apply
to a member or element of the Department of
Defense or Department of Homeland Security
acting in an official capacity for the purpose of
research, development, operations, testing, or
training.
(c) LASER POINTER DEFINED.—In this section
the term ‘‘laser pointer’’ means any device de-
signed or used to amplify electromagnetic radi-
ation by stimulated emission that emits a beam
designed to be used by the operator as a pointer
or highlighter to indicate, mark, or identify a
specific position, place, item, or object.
(Added Pub. L. 116–283, div. G, title LVXXXIII,
§ 8342(a), Jan. 1, 2021, 134 Stat. 4709.)
SUBCHAPTER III—CONDITION FOR ENTRY
INTO PORTS IN THE UNITED STATES
§ 70021. Conditions for entry to ports in the
United States
(a) IN GENERAL.—No vessel that is subject to
chapter 37 shall operate in the navigable waters
of the United States or transfer cargo or residue
in any port or place under the jurisdiction of the
United States, if such vessel—
(1) has a history of accidents, pollution inci-
dents, or serious repair problems that, as de-
termined by the Secretary, creates reason to
believe that such vessel may be unsafe or may
create a threat to the marine environment;
(2) fails to comply with any applicable regu-
lation issued under section 70034, chapter 37, or
any other applicable law or treaty;
(3) discharges oil or hazardous material in
violation of any law of the United States or in
a manner or quantities inconsistent with any
treaty to which the United States is a party;
(4) does not comply with any applicable ves-
sel traffic service requ
Source: Supplied 2024 U.S. Code historical extraction · 46 U.S.C. § 70021
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