33 U.S.C. § 1202 — Definitions

Page 345 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1202 §§ 1166 to 1175. Omitted Editorial Notes CODIFICATION Sections 1166 to 1175 of this title were omitted as su- perseded by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816. See section 1251 et seq. of this title. Section 1166, act June 30, 1948, ch. 758, § 16, as added Pub. L. 91–224, title I, § 102, Apr. 3, 1970, 84 Stat. 104; amended 1970 Reorg. Plan No. 3, § 2(a)(1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. 2087, related to training grants to and contracts with institutions of higher edu- cation for water quality control programs or projects. Section 1167, act June 30, 1948, ch. 758, § 17, as added Pub. L. 91–224, title I, § 102, Apr. 3, 1970, 84 Stat. 105; amended 1970 Reorg. Plan No. 3, § 2(a)(1), eff. Dec. 3, 1970, 35 F.R. 15623, 84 Stat. 2087, related to applications for training grants or contracts. A prior section 17 of act June 30, 1948, formerly classi- fied to section 466m of this title, was repealed by Pub. L. 91–224, title 1, § 102, Apr. 3, 1970, 84 Stat. 91, in the general reorganization of act June 30, 1948 by Pub. L. 91–224. Section 1168, act June 30, 1948, ch. 758, § 18, as added Pub. L. 91–224, title I, § 102, Apr. 3, 1970, 84 Stat. 105; amended 1970 Reorg. Plan No. 3, § 2(a)(1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. 2087, related to awarding of scholarships for undergraduate study of operation and maintenance of treatment works. A prior section 18 of act June 30, 1948, formerly classi- fied to section 466n of this title, was repealed by Pub. L. 91–224, title I, § 102, Apr. 3, 1970, 84 Stat. 91, in the general reorganization of act June 30, 1948 by Pub. L. 91–224. Section 1169, act June 30, 1948, ch. 758, § 19, as added Pub. L. 91–224, title I, § 102, Apr. 3, 1970, 84 Stat. 106; amended 1970 Reorg. Plan No. 3, § 2(a)(1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. 2087, related to an annual re- port by the Administrator of the Environmental Pro- tection Agency, appropriations for certain fiscal years, and defined certain terms as used in this chapter. Section 1170, act June 30, 1948, ch. 758, § 20, as added Pub. L. 91–224, title I, § 102, Apr. 3, 1970, 84 Stat. 107; amended 1970 Reorg. Plan No. 3, § 2(a)(1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. 2087, related to Alaska vil- lage safe water and pollution elimination or control projects. Section 1171, act June 30, 1948, ch. 758, § 21, formerly § 9, 62 Stat. 1160; July 9, 1956, ch. 518, § 1, 70 Stat. 506; Pub. L. 87–88, § 8, July 20, 1961, 75 Stat. 210; renumbered § 11 and amended Pub. L. 89–234, §§ 2(a), 7(e), Oct. 2, 1965, 79 Stat. 903, 910; 1966 Reorg. Plan No. 2, § 1(a), eff. May 10, 1966, 31 F.R. 6857, 80 Stat. 1608; renumbered § 21 and amended Pub. L. 91–224, title I, §§ 102, 103, Apr. 3, 1970, 84 Stat. 91, 107; 1970 Reorg. Plan No. 3, § 2(a)(1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. 2087, related to coopera- tion by all Federal agencies in pollution control. Section 1172, act June 30, 1948, ch. 758, § 22, formerly § 10, 62 Stat. 1160; July 9, 1956, ch. 518, § 1, 70 Stat. 506; Pub. L. 87–88, § 1(b), (d), (e), July 20, 1961, 75 Stat. 204; renumbered § 12 and amended Pub. L. 89–234, §§ 2(a), 6, Oct. 2, 1965, 79 Stat. 903, 909; 1966 Reorg. Plan No. 2, § 1(a), eff. May 10, 1966, 31 F.R. 6857, 80 Stat. 1608; renum- bered § 22 and amended Pub. L. 91–224, title I, §§ 102, 104, Apr. 3, 1970, 84 Stat. 91, 110; 1970 Reorg. Plan No. 3, § 2(a)(1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. 2087, re- lated to administration of water pollution control pro- gram under this chapter. Section 1173, act June 30, 1948, ch. 758, § 23, formerly § 11, 62 Stat. 1161; July 9, 1956, ch. 518, § 1, 70 Stat. 506; Pub. L. 86–70, § 28(b), June 25, 1959, 73 Stat. 148; Pub. L. 86–624, § 23(b), July 12, 1960, 74 Stat. 418; Pub. L. 87–88, § 9, July 20, 1961, 75 Stat. 210; renumbered § 13, Pub. L. 89–234, § 2(a), Oct. 2, 1965, 79 Stat. 903; amended Pub. L. 89–753, title II, § 209, Nov. 3, 1966, 80 Stat. 1251; renum- bered § 23, Pub. L. 91–224, title I, § 102, Apr. 3, 1970, 84 Stat. 91, related to definitions of terms used in this chapter. Section 1174, act June 30, 1948, ch. 758, § 24, formerly § 12, as added July 9, 1956, ch. 518, § 1, 70 Stat. 506; re- numbered § 14, Pub. L. 89–234, § 2(a), Oct. 2, 1965, 79 Stat. 903; renumbered § 24 and amended Pub. L. 91–224, §§ 102, 107, Apr. 3, 1970, 84 Stat. 91, 113, related to application of this chapter to other laws. Section 1175, act June 30, 1948, ch. 758, § 26, formerly § 16, as added Pub. L. 89–753, title II, § 210, Nov. 3, 1966, 80 Stat. 1252; renumbered § 26, Pub. L. 91–224, title I, § 102, Apr. 3, 1970, 84 Stat. 91; amended 1970 Reorg. Plan No. 3, § 2(a)(1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. 2087, related to cost estimates, studies, and analysis by the Administrator of Environmental Protection Agen- cy. CHAPTER 24—VESSEL BRIDGE-TO-BRIDGE COMMUNICATION Sec. 1201. Statement of purpose. 1202. Definitions. 1203. Radiotelephone requirement. 1204. Radiotelephone for exclusive use of master, person in charge, or pilot; frequency listen- ing watch; portable radiotelephone equip- ment. 1205. Radiotelephone capability; maintenance; res- toration; consequences of loss: navigation of vessel. 1206. Exemptions; terms and conditions. 1207. Regulations. 1208. Penalties. § 1201. Statement of purpose It is the purpose of this chapter to provide a positive means whereby the operators of ap- proaching vessels can communicate their inten- tions to one another through voice radio, lo- cated convenient to the operator’s navigation station. To effectively accomplish this, there is need for a specific frequency or frequencies dedi- cated to the exchange of navigational informa- tion, on navigable waters of the United States. (Pub. L. 92–63, § 2, Aug. 4, 1971, 85 Stat. 164.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 92–63, § 1, Aug. 4, 1971, 85 Stat. 164, provided: ‘‘That this Act [enacting this chapter] may be cited as the ‘Vessel Bridge-to-Bridge Radiotelephone Act’.’’ EFFECTIVE DATE Pub. L. 92–63, § 10, Aug. 4, 1971, 85 Stat. 165, provided that: ‘‘This Act [enacting this chapter] shall become ef- fective May 1, 1971, or six months after the promulga- tion of regulations which would implement its provi- sions, whichever is later.’’ See 47 CFR 83.701 et seq. § 1202. Definitions For the purpose of this chapter— (1) ‘‘Secretary’’ means the Secretary of the Department in which the Coast Guard is oper- ating; (2) ‘‘power-driven vessel’’ means any vessel propelled by machinery; and (3) ‘‘towing vessel’’ means any commercial vessel engaged in towing another vessel astern, alongside, or by pushing ahead. (Pub. L. 92–63, § 3, Aug. 4, 1971, 85 Stat. 164.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective May 1, 1971, or six months after the promulgation of regulations which would implement Page 346 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1203 its provisions, whichever is later, see section 10 of Pub. L. 92–63, set out as a note under section 1201 of this title. TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 1203. Radiotelephone requirement (a) Vessel coverage; exchange of navigational in- formation Except as provided in section 1206 of this title— (1) every power-driven vessel of twenty me- ters or over in length while navigating; (2) every vessel of one hundred gross tons as measured under section 14502 of title 46, or an alternate tonnage measured under section 14302 of that title as prescribed by the Sec- retary under section 14104 of that title, and up- ward carrying one or more passengers for hire while navigating; (3) every towing vessel of twenty-six feet or over in length while navigating; and (4) every dredge and floating plant engaged in or near a channel or fairway in operations likely to restrict or affect navigation of other vessels— shall have a radiotelephone capable of operation from its navigational bridge or, in the case of a dredge, from its main control station and capa- ble of transmitting and receiving on the fre- quency or frequencies within the 156–162 Mega- Hertz band using the classes of emissions des- ignated by the Federal Communications Com- mission, after consultation with other cognizant agencies, for the exchange of navigational infor- mation. (b) Vessels upon navigable waters of United States inside high seas lines The radiotelephone required by subsection (a) shall be carried on board the described vessels, dredges, and floating plants upon the navigable waters of the United States, which includes all waters of the territorial sea of the United States as described in Presidential Proclamation 5928 of December 27, 1988. (Pub. L. 92–63, § 4, Aug. 4, 1971, 85 Stat. 164; Pub. L. 102–241, § 16, Dec. 19, 1991, 105 Stat. 2213; Pub. L. 104–324, title VII, § 704, Oct. 19, 1996, 110 Stat. 3933; Pub. L. 107–295, title III, § 321, Nov. 25, 2002, 116 Stat. 2103.) Editorial Notes REFERENCES IN TEXT Presidential Proclamation 5928 of December 27, 1988, referred to in subsec. (b), is set out as a note under sec- tion 1331 of Title 43, Public Lands. AMENDMENTS 2002—Subsec. (b). Pub. L. 107–295 substituted ‘‘United States, which includes all waters of the territorial sea of the United States as described in Presidential Proc- lamation 5928 of December 27, 1988’’ for ‘‘United States inside the lines established pursuant to section 151 of this title’’. 1996—Subsec. (a)(2). Pub. L. 104–324 inserted ‘‘as meas- ured under section 14502 of title 46, or an alternate ton- nage measured under section 14302 of that title as pre- scribed by the Secretary under section 14104 of that title,’’ after ‘‘one hundred gross tons’’. 1991—Subsec. (a)(1). Pub. L. 102–241 amended par. (1) generally, substituting ‘‘twenty meters or over in length’’ for ‘‘three hundred gross tons and upward’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective May 1, 1971, or six months after the promulgation of regulations which would implement its provisions, whichever is later, see section 10 of Pub. L. 92–63, set out as a note under section 1201 of this title. VESSEL COMMUNICATION EQUIPMENT REGULATIONS Pub. L. 101–380, title IV, § 4118, Aug. 18, 1990, 104 Stat. 523, provided that: ‘‘The Secretary shall, not later than one year after the date of the enactment of this Act [Aug. 18, 1990], issue regulations necessary to ensure that vessels subject to the Vessel Bridge-to-Bridge Ra- diotelephone Act of 1971 (33 U.S.C. 1203) are also equipped as necessary to— ‘‘(1) receive radio marine navigation safety warn- ings; and ‘‘(2) engage in radio communications on designated frequencies with the Coast Guard, and such other ves- sels and stations as may be specified by the Sec- retary.’’ § 1204. Radiotelephone for exclusive use of mas- ter, person in charge, or pilot; frequency lis- tening watch; portable radiotelephone equip- ment The radiotelephone required by this chapter is for the exclusive use of the master or person in charge of the vessel, or the person designated by the master or person in charge to pilot or direct the movement of the vessel, who shall maintain a listening watch on the designated frequency. Nothing contained herein shall be interpreted as precluding the use of portable radiotelephone equipment to satisfy the requirements of this chapter. (Pub. L. 92–63, § 5, Aug. 4, 1971, 85 Stat. 165.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective May 1, 1971, or six months after the promulgation of regulations which would implement its provisions, whichever is later, see section 10 of Pub. L. 92–63, set out as a note under section 1201 of this title. § 1205. Radiotelephone capability; maintenance; restoration; consequences of loss: navigation of vessel Whenever radiotelephone capability is re- quired by this chapter, a vessel’s radiotelephone equipment shall be maintained in effective oper- ating condition. If the radiotelephone equipment carried aboard a vessel ceases to operate, the master shall exercise due diligence to restore it or cause it to be restored to effective operating condition at the earliest practicable time. The failure of a vessel’s radiotelephone equipment shall not, in itself, constitute a violation of this