33 U.S.C. § 1603 — Vessels subject to International Regula-

Page 653 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1603 42 F.R. 20625. For the current version of the Amal- gamated International & U.S. Inland Navigation Rules, see the website of the United States Coast Guard Navi- gation Center. Executive Documents EX. ORD. NO. 11964. IMPLEMENTATION OF CONVENTION ON THE INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA, 1972 Ex. Ord. No. 11964, Jan. 19, 1977, 42 F.R. 4327, provided: By virtue of the authority vested in me by the Con- stitution and statutes of the United States of America, including Section 301 of Title 3 of the United States Code, and as President of the United States of America and Commander-in-Chief of the Armed Forces, in order to provide for the coming into force on July 15, 1977, of the Convention on the International Regulations for Preventing Collisions at Sea, 1972 (Senate Executive W, 93d Cong., 1st Sess.), it is hereby ordered as follows: SECTION 1. (a) With respect to vessels of special con- struction or purpose, the Secretary of the Navy, for vessels of the Navy, and the Secretary of the Depart- ment in which the Coast Guard is operating, for all other vessels, shall determine and certify, in accord with Rule I of the International Regulations for Pre- venting Collisions at Sea, 1972, hereinafter referred to as the International Regulations, as to which such ves- sels cannot comply fully with the provisions of any of the International Regulations with respect to the num- ber, positions, range or arc of visibility of lights or shapes, as well as to the disposition and characteristics of sound-signalling appliances, without interfering with the special function of the vessel. (b) With respect to vessels for which a certification is issued, the Secretary issuing the certification shall cer- tify as to such other provisions which are the closest possible compliance by that vessel with the Inter- national Regulations. (c) Notice of any certification issued shall be pub- lished in the FEDERAL REGISTER. SEC. 2. The Secretary of the Navy is authorized to promulgate special rules with respect to additional sta- tion or signal lights or whistle signals for ships of war or vessels proceeding under convoy, and the Secretary of the Department in which the Coast Guard is oper- ating is authorized, to the extent permitted by law, in- cluding the provisions of Title 14 of the United States Code, to promulgate special rules with respect to addi- tional station or signal lights for fishing vessels en- gaged in fishing as a fleet. In accord with Rule I of the International Regulations, the additional station or signal lights or whistle signals contained in the special rules shall be, as far as possible, such as they cannot be mistaken for any light or signal authorized by the International Regulations. Notice of such special rules for fishing vessels shall be published in the FEDERAL REGISTER. SEC. 3. The Secretary of the Navy, for vessels of the Navy, and the Secretary of the Department in which the Coast Guard is operating, for all other vessels, are authorized to exempt, in accord with Rule 38 of the International Regulations, any vessel or class of ves- sels, the keel of which is laid, or which is at a cor- responding stage of construction, before July 15, 1977, from full compliance with the International Regula- tions, provided that such vessel or class of vessels com- plies with the requirements of the International Regu- lations for Preventing Collisions at Sea, 1960. Notice of any exemption granted shall be published in the FED- ERAL REGISTER. SEC. 4. The Secretary of the Department in which the Coast Guard is operating is authorized, to the extent permitted by law, to promulgate such rules and regula- tions that are necessary to implement the provisions of the Convention and International Regulations. He shall cause to be published in the FEDERAL REGISTER any im- plementing regulations or interpretive rulings promul- gated pursuant to this Order, and shall promptly pub- lish in the FEDERAL REGISTER the full text of the Inter- national Regulations. GERALD R. FORD. EX. ORD. NO. 12234. ENFORCEMENT OF CONVENTION FOR THE SAFETY OF LIFE AT SEA, 1974 Ex. Ord. No. 12234, Sept. 3, 1980, 45 F.R. 58801, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to implement the International Convention for the Safety of Life at Sea, 1974, it is hereby ordered as follows: 1–101. The International Convention for the Safety of Life at Sea, 1974, signed at London on November 1, 1974, and proclaimed by the President of the United States on January 28, 1980 (TIAS 9700), entered into force for the United States on May 25, 1980. 1–102. The Secretary of State, the Secretary of the Department in which the Coast Guard is operating, the Secretary of Commerce, and the Federal Communica- tions Commission shall (a) perform those functions pre- scribed in the Convention that are within their respec- tive areas of responsibility, and (b) cooperate and assist each other in carrying out those functions. 1–103. (a) The Secretary of the Department in which the Coast Guard is operating, or the head of any other Executive agency authorized by law, shall be respon- sible for the issuance of certificates as required by the Convention. (b) If a certificate is to include matter that pertains to functions vested by law in another Executive agen- cy, the issuing agency shall first ascertain from the other Executive agency the decision regarding that matter. The decision of that agency shall be final and binding on the issuing agency. 1–104. The Secretary of the Department in which the Coast Guard is operating may use the services of the American Bureau of Shipping as long as that Bureau is operated in compliance with Section 25 of the Act of June 5, 1920, as amended (46 U.S.C. 881), to perform the functions under the Convention. The Secretary may also use the services of the National Cargo Bureau to perform functions under Chapter VI (Carriage of Grain) of the Convention. 1–105. The Secretary of the Department in which the Coast Guard is operating shall promulgate regulations necessary to implement the provisions of the Conven- tion. 1–106. To the extent that the International Conven- tion for the Safety of Life at Sea, 1974, replaces and ab- rogates the International Convention for the Safety of Life at Sea, 1960 (TIAS 5780), this Order supersedes Ex- ecutive Order No. 11239 of July 31, 1965, entitled ‘‘En- forcement of the Convention for the Safety of Life at Sea, 1960.’’ 1–107. Executive Order No. 10402 of October 30, 1952, entitled ‘‘Enforcement of the Convention for the Safety of Life at Sea, 1948,’’ is revoked. JIMMY CARTER. § 1603. Vessels subject to International Regula- tions Except as provided in section 1604 of this title and subject to the provisions of section 1605 of this title, the International Regulations, as pro- claimed under section 1602 of this title, shall be applicable to, and shall be complied with by— (1) all vessels, public and private, subject to the jurisdiction of the United States, while upon the high seas or in waters connected therewith navigable by seagoing vessels, and (2) all other vessels when on waters subject to the jurisdiction of the United States. (Pub. L. 95–75, § 4, July 27, 1977, 91 Stat. 309.) Page 654 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1604 § 1604. Vessels not subject to International Regu- lations (a) The International Regulations do not apply to vessels while in the waters of the United States shoreward of the navigational demarca- tion lines dividing the high seas from harbors, rivers, and other inland waters of the United States. (b) Whenever a vessel subject to the jurisdic- tion of the United States is in the territorial wa- ters of a foreign state the International Regula- tions shall be applicable to, and shall be com- plied with by, that vessel to the extent that the laws and regulations of the foreign state are not in conflict therewith. (Pub. L. 95–75, § 5, July 27, 1977, 91 Stat. 309; Pub. L. 96–591, § 6(1), Dec. 24, 1980, 94 Stat. 3434.) Editorial Notes AMENDMENTS 1980—Subsec. (a). Pub. L. 96–591 substituted provision providing that the International Regulations do not apply to vessels while in the waters of the United States shoreward of the navigational demarcation lines dividing the high seas from harbors, rivers, and other inland waters of the United States for provisions that had made specific reference to harbors, rivers, and other inland waters of the United States, as defined in section 154 of this title, to the Great Lakes of North America and their connecting and tributary waters, as defined in section 241 of this title, and to the Red River of the North and rivers emptying into the Gulf of Mex- ico and their tributaries, as defined in section 301 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Pub. L. 96–591, § 7, Dec. 24, 1980, 94 Stat. 3435, provided that: ‘‘Sections 2, 4, 6(1), and 8(a) [enacting section 2072 and former sections 2001 to 2038 of this title, amending this section, and repealing sections 154 to 159, 171 to 183, 191, 192, 201 to 213, 221, 222, 231, 232, 301 to 303, 311 to 323, 331, 341 to 356, 360, and 360a of this title and sections 526b, 526c, and 526d of former Title 46, Shipping] are ef- fective 12 months after the date of enactment of this Act [Dec. 24, 1980], except that on the Great Lakes, the effective date of sections 2 and 4 [enacting section 2072 and former sections 2001 to 2038 of this title] will be es- tablished by the Secretary. [The effective date on the Great Lakes was established as Mar. 1, 1983. See 47 F.R. 15135, Apr. 8, 1982.] Section 5 [enacting section 2073 of this title] is effective on October 1, 1981.’’ § 1605. Navy and Coast Guard vessels of special construction or purpose (a) Certification for alternative compliance Any requirement of the International Regula- tions with respect to the number, position, range, or arc of visibility of lights, with respect to shapes, or with respect to the disposition and characteristics of sound-signaling appliances, shall not be applicable to a vessel of special con- struction or purpose, whenever the Secretary of the Navy, for any vessel of the Navy, or the Sec- retary of the department in which the Coast Guard is operating, for any other vessel of the United States, shall certify that the vessel can- not comply fully with that requirement without interfering with the special function of the ves- sel. (b) Closest possible compliance by vessels cov- ered by certification for alternative compli- ance Whenever a certification is issued under the authority of subsection (a) of this section, the vessel involved shall comply with the require- ment as to which the certification is made to the extent that the Secretary issuing the certifi- cation shall certify as the closest possible com- pliance by that vessel. (c) Publication of certifications in Federal Reg- ister Notice of the certifications issued pursuant to subsections (a) and (b) of this section shall be published in the Federal Register. (d) Issuance of certification for a class of vessels A certification authorized by this section may be issued for a class of vessels. (Pub. L. 95–75, § 6, July 27, 1977, 91 Stat. 309; Pub. L. 96–591, § 6(2), Dec. 24, 1980, 94 Stat. 3434.) Editorial Notes AMENDMENTS 1980—Subsec. (d). Pub. L. 96–591 added subsec. (d). Statutory Notes and Related Subsidiaries 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. § 1606. Special rules for ships of war, vessels pro- ceeding under convoy, and fishing vessels engaged in fishing as a fleet (a) The Secretary of the Navy is authorized to promulgate special rules with respect to addi- tional station or signal lights or whistle signals for ships of war or vessels proceeding under con- voy, and the Secretary of the department in which the Coast Guard is operating is authorized to promulgate special rules with respect to addi- tional station or signal lights for fishing vessels engaged in fishing as a fleet. (b) The additional station or signal lights or whistle signals contained in the special rules au- thorized under subsection (a) of this section shall be, as far as possible, such that they can- not be mistaken for any light or signal author- ized by the International Regulations. Notice of such special rules shall be published in the Fed- eral Register and, after the effective date speci- fied in such notice, they shall have effect as if they were a part of the International Regula- tions. (Pub. L. 95–75, § 7, July 27, 1977, 91 Stat. 310.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities