46 U.S.C. § 70032 — Saint Lawrence Seaway

Page 549 TITLE 46—SHIPPING § 70033 Foreign Affairs and the Committee on Transpor- tation and Infrastructure of the House of Rep- resentatives and the Committee on Foreign Rela- tions and the Committee on Commerce, Science, and Transportation of the Senate written notice of the determination and the basis upon which the de- termination was made. ‘‘(C) PUBLICATION.—The Secretary of State shall publish a notice in the Federal Register of each de- termination made under subparagraph (A). ‘‘(3) SAVINGS CLAUSE.—The prohibition under para- graph (1) shall not apply with respect to vessels en- gaged in passage permitted under international law. ‘‘(b) VESSELS DESCRIBED.—A vessel referred to in sub- section (a) is a vessel owned or operated by a Russian national or operated by the government of the Russian Federation. ‘‘(c) INFORMATION AND PUBLICATION.—The Secretary, with the concurrence of the Secretary of State, shall— ‘‘(1) maintain timely information on the registra- tions of all foreign vessels owned or operated by or on behalf of the Government of the Russian Federation, a Russian national, or a entity organized under the laws of the Russian Federation or any jurisdiction within the Russian Federation; and ‘‘(2) periodically publish in the Federal Register a list of the vessels described in paragraph (1). ‘‘(d) NOTIFICATION OF GOVERNMENTS.— ‘‘(1) IN GENERAL.—The Secretary of State shall no- tify each government, the agents or instrumental- ities of which are maintaining a registration of a for- eign vessel that is included on a list published under subsection (c)(2), not later than 30 days after such publication, that all vessels registered under such government’s authority are subject to subsection (a). ‘‘(2) ADDITIONAL NOTIFICATION.—In the case of a gov- ernment that continues to maintain a registration for a vessel that is included on such list after receiv- ing an initial notification under paragraph (1), the Secretary shall issue an additional notification to such government not later than 120 days after the publication of a list under subsection (c)(2). ‘‘(e) NOTIFICATION OF VESSELS.—Upon receiving a no- tice of arrival under section 70001(a)(5) of title 46, United States Code, from a vessel described in sub- section (b), the Secretary shall notify the master of such vessel that the vessel may not enter or operate in the navigable waters of the United States or transfer cargo in any port or place under the jurisdiction of the United States, unless— ‘‘(1) the Secretary of State has made a determina- tion under subsection (a)(2); or ‘‘(2) the Secretary allows provisional entry of the vessel, or transfer of cargo from the vessel, under subsection (f). ‘‘(f) PROVISIONAL ENTRY OR CARGO TRANSFER.—Not- withstanding any other provision of this section, the Secretary may allow provisional entry of, or transfer of cargo from, a vessel, if such entry or transfer is nec- essary for the safety of the vessel or persons aboard.’’ [For definition of ‘‘Secretary’’ as used in section 11524 of Pub. L. 117–263, set out above, see section 11002 of Pub. L. 117–263, set out as a note under section 106 of Title 14, Coast Guard.] SUBCHAPTER IV—DEFINITIONS, REGULA- TIONS, ENFORCEMENT, INVESTIGATORY POWERS, APPLICABILITY § 70031. Definitions As used in subchapters I through III and this subchapter, unless the context otherwise re- quires: (1) The term ‘‘marine environment’’ means— (A) the navigable waters of the United States and the land and resources therein and thereunder; (B) the waters and fishery resources of any area over which the United States asserts exclusive fishery management authority; (C) the seabed and subsoil of the Outer Continental Shelf of the United States, the resources thereof, and the waters superjacent thereto; and (D) the recreational, economic, and scenic values of such waters and resources. (2) The term ‘‘Secretary’’ means the Sec- retary of the department in which the Coast Guard is operating, except that such term means the Secretary of Transportation with respect to the application of this chapter to the Saint Lawrence Seaway. (3) The term ‘‘navigable waters of the United States’’ includes all waters of the territorial sea of the United States as described in Presi- dential Proclamation No. 5928 of December 27, 1988. (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)(4), Jan. 1, 2021, 134 Stat. 4753.) Editorial Notes REFERENCES IN TEXT Presidential Proclamation No. 5928, referred to in par. (3), is set out under section 1331 of Title 43, Public Lands. AMENDMENTS 2021—Pub. L. 116–283 substituted ‘‘I through III’’ for ‘‘A through C’’ in introductory provisions. § 70032. Saint Lawrence Seaway The authority granted to the Secretary under sections 70001, 70002, 70003, 70004, and 70011 may not be delegated with respect to the Saint Law- rence Seaway to any agency other than the Great Lakes St. Lawrence Seaway Development Corporation. Any other authority granted the Secretary under subchapters I through III and this subchapter shall be delegated by the Sec- retary to the Great Lakes St. Lawrence Seaway Development Corporation to the extent the Sec- retary determines such delegation is necessary for the proper operation of the Saint Lawrence Seaway. (Added Pub. L. 115–282, title IV, § 401(a), Dec. 4, 2018, 132 Stat. 4261; amended Pub. L. 116–260, div. AA, title V, § 512(c)(6)(F), Dec. 27, 2020, 134 Stat. 2757; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8507(a)(5), Jan. 1, 2021, 134 Stat. 4753.) Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 substituted ‘‘I through III’’ for ‘‘A through C’’. 2020—Pub. L. 116–260 substituted ‘‘Great Lakes St. Lawrence Seaway Development Corporation’’ for ‘‘Saint Lawrence Seaway Development Corporation’’ in two places. § 70033. Limitation on application to foreign ves- sels Except pursuant to international treaty, con- vention, or agreement, to which the United States is a party, subchapters I through III and this subchapter shall not apply to any foreign vessel that is not destined for, or departing