33 U.S.C. § 1602 — International Regulations

Page 650 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1521 within 6 months after Jan. 3, 1975, on administrative changes needed and recommendations for new legisla- tion. AMENDMENTS 2002—Subsec. (a). Pub. L. 107–295 inserted ‘‘or natural gas’’ after ‘‘oil’’. § 1521. Negotiations with Canada and Mexico; re- port to Congress The President of the United States is author- ized and requested to enter into negotiations with the Governments of Canada and Mexico to determine: (1) the need for intergovernmental under- standings, agreements, or treaties to protect the interests of the people of Canada, Mexico, and the United States and of any party or par- ties involved with the construction or oper- ation of deepwater ports; and (2) the desirability of undertaking joint studies and investigations designed to insure protection of the environment and to elimi- nate any legal and regulatory uncertainty, to assure that the interests of the people of Can- ada, Mexico, and the United States are ade- quately met. The President shall report to the Congress the actions taken, the progress achieved, the areas of disagreement, and the matters about which more information is needed, together with his recommendations for further action. (Pub. L. 93–627, § 22, Jan. 3, 1975, 88 Stat. 2147.) § 1522. Limitations on export provisions of sec- tion 185(u) of title 30 unaffected Nothing in this chapter shall be construed to amend, restrict, or otherwise limit the applica- tion of section 185(u) of title 30. (Pub. L. 93–627, § 23, Jan. 3, 1975, 88 Stat. 2147.) § 1523. General procedures; issuance and enforce- ment of orders; scope of authority; evi- dentiary matters The Secretary or his delegate shall have the authority to issue and enforce orders during pro- ceedings brought under this chapter. Such au- thority shall include the authority to issue sub- penas, administer oaths, compel the attendance and testimony of witnesses and the production of books, papers, documents, and other evidence, to take depositions before any designated indi- vidual competent to administer oaths, and to examine witnesses. (Pub. L. 93–627, § 24, Jan. 3, 1975, 88 Stat. 2147.) § 1524. Repealed. Pub. L. 118–159, div. C, title XXXV, § 3535(k), Dec. 23, 2024, 138 Stat. 2315 Section, Pub. L. 93–627, § 25, Jan. 3, 1975, 88 Stat. 2147; Pub. L. 95–36, June 1, 1977, 91 Stat. 177, authorized ap- propriations for fiscal years ending June 30, 1975, June 30, 1976, Sept. 30, 1977, Sept. 30, 1978, Sept. 30, 1979, and Sept. 30, 1980. CHAPTER 30—INTERNATIONAL REGULA- TIONS FOR PREVENTING COLLISIONS AT SEA Sec. 1601. Definitions. Sec. 1602. International Regulations. 1603. Vessels subject to International Regulations. 1604. Vessels not subject to International Regula- tions. 1605. Navy and Coast Guard vessels of special con- struction or purpose. 1606. Special rules for ships of war, vessels pro- ceeding under convoy, and fishing vessels engaged in fishing as a fleet. 1607. Implementation by rules and regulations; au- thority to promulgate. 1608. Civil penalties. § 1601. Definitions For the purposes of this chapter— (1) ‘‘vessel’’ means every description of watercraft, including nondisplacement craft and seaplanes, used or capable of being used as a means of transportation on water; and (2) ‘‘high seas’’ means all parts of the sea that are not included in the territorial sea or in the internal waters of any nation. (Pub. L. 95–75, § 2, July 27, 1977, 91 Stat. 308.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in opening par., was in the original ‘‘this Act’’, meaning Pub. L. 95–75, July 27, 1977, 91 Stat. 308, known as the ‘‘International Naviga- tional Rules Act of 1977’’, which enacted this chapter, repealed sections 1051 to 1094 of this title, enacted pro- visions set out as notes under this section, and repealed provision set out as a note under section 1051 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF INTERNATIONAL REGULATIONS; REPEAL OF FORMER REGULATIONS Pub. L. 95–75, § 10, July 27, 1977, 91 Stat. 311, provided in part that Pub. L. 88–131, enacting sections 1051 to 1094 of this title and a provision set out as a note under section 1051 of this title which sections included the former International Regulations for Preventing Colli- sions at Sea, was repealed effective on the date on which the International Regulations [promulgated pur- suant to this chapter] entered into force for the United States [July 15, 1977]. See Proclamation dated Jan. 19, 1977, set out as a note under section 1602 of this title. REFERENCES TO FORMER REGULATIONS Pub. L. 95–75, § 10, July 27, 1977, 91 Stat. 311, provided in part that: ‘‘The reference in any other law to Public Law 88–131 [enacting sections 1051 to 1094 of this title and enacting a provision set out as a note under section 1051 of this title], or to the regulations set forth in sec- tion 4 of that Act [sections 1061 to 1094 of this title], shall be considered a reference, respectively, to this Act [this chapter], or to the International Regulations proclaimed hereunder [set out as a note under section 1602 of this title].’’ SHORT TITLE Pub. L. 95–75, § 1, July 27, 1977, 91 Stat. 308, provided: ‘‘That this Act [enacting this chapter, repealing sec- tions 1051 to 1094 of this title, enacting provisions set out as notes under this section, and repealing provi- sions set out as a note under section 1051 of this title] may be cited as the ‘International Navigational Rules Act of 1977’.’’ § 1602. International Regulations (a) Proclamation by President; effective date The President is authorized to proclaim the International Regulations for Preventing Colli- Page 651 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1602 sions at Sea, 1972 (hereinafter referred to as the ‘‘International Regulations’’). The effective date of the International Regulations for the United States shall be specified in the proclamation and shall be the date as near as possible to, but no earlier than, the date on which the Convention on the International Regulations for Preventing Collisions at Sea, 1972 (hereinafter referred to as the ‘‘Convention’’), signed at London, England, under date of October 20, 1972, enters into force for the United States. The International Regula- tions proclaimed shall consist of the rules and other annexes attached to the Convention. (b) Publication of proclamation in Federal Reg- ister The proclamation shall include the Inter- national Regulations and shall be published in the Federal Register. On the date specified in the proclamation, the International Regulations shall enter into force for the United States and shall have effect as if enacted by statute. (c) Amendment of International Regulations Subject to the provisions of subsection (d) of this section, the President is also authorized to proclaim any amendment to the International Regulations hereafter adopted in accordance with the provisions of article VI of the Conven- tion, and to which the United States does not object. The effective date of the amendment shall be specified in the proclamation and shall be in accordance with the provisions of the said article VI. The proclamation shall include the adopted amendment and shall be published in the Federal Register. On the date specified in the proclamation, the amendment shall enter into force for the United States as a constituent part of the International Regulations, as amend- ed, and shall have effect as if enacted by statute. (d) Notification to Congress of proposed amend- ments; Congressional resolution of dis- approval (1) Upon receiving a proposed amendment to the International Regulations, communicated to the United States pursuant to clause 3 of article VI of the Convention, the President shall promptly notify the Congress of the proposed amendment. If, within sixty days after receipt of such notification by the Congress, or ten days prior to the date under clause 4 of article VI for registering an objection, whichever comes first, the Congress adopts a resolution of disapproval, such resolution shall be transmitted to the President and shall constitute an objection by the United States to the proposed amendment. If, upon receiving notification of the resolution of disapproval, the President has not already no- tified the Inter-Governmental Maritime Con- sultative Organization of an objection to the United States to the proposed amendment, he shall promptly do so. (2) For the purposes of this subsection, ‘‘reso- lution of disapproval’’ means a concurrent reso- lution initiated by either House of the Congress, the matter after the resolving clause of which is to read as follows: ‘‘That the (the concurring) does not favor the proposed amendment to the International Regulations for Preventing Collisions at Sea, 1972, relating to , and forwarded to the Congress by the President on .’’, the first blank space therein to be filled with the name of the resolv- ing House, the second blank space therein to be filled with the name of the concurring House, the third blank space therein to be filled with the subject matter of the proposed amendment, and the fourth blank space therein to be filled with the day, month, and year. (3) Any proposed amendment transmitted to the Congress by the President and any resolu- tion of disapproval pertaining thereto shall be referred, in the House of Representatives, to the Committee on Transportation and Infrastruc- ture, and shall be referred, in the Senate, to the Committee on Commerce, Science, and Trans- portation. (Pub. L. 95–75, § 3, July 27, 1977, 91 Stat. 308; Pub. L. 107–295, title IV, § 408(b)(1), Nov. 25, 2002, 116 Stat. 2117.) Editorial Notes PRIOR PROVISIONS The original rules for the prevention of collisions on the water were contained in R.S. § 4233, which consisted of 26 rules, R.S. § 4412, which authorized the board of su- pervising inspectors to establish such regulations to be observed by all steam vessels in passing each other, as they should from time to time deem necessary for safe- ty, and provided that copies of such regulations should be furnished to all of such vessels, to be kept posted up in conspicuous places in such vessels, and R.S. § 4413, which prescribed a penalty for neglecting or willfully refusing to observe the regulations established pursu- ant to said section 4412. The rules prescribed by R.S. § 4233 were superseded as to navigation on the high seas and in all coast waters of the United States, except such as were otherwise provided for, by the adoption of the ‘‘Revised Inter- national Regulations’’ by act March 3, 1885, ch. 354, 23 Stat. 438, which rules were superseded by the passage and adoption of act Aug. 19, 1890, ch. 802, 26 Stat. 322, section 1 of which enacted a set of regulations for pre- venting collisions at sea to be followed by all public and private vessels of the United States upon the high seas and in all waters connected therewith, navigable by seagoing vessels. Act Aug. 19, 1890, ch. 802, § 1, consisted of 31 articles. Section 2 of act Aug. 19, 1890, ch. 802, repealed all laws and parts of laws inconsistent with the regulations for preventing collisions at sea for the navigation of all public and private vessels of the United States upon the high seas, and in all waters connected therewith navi- gable by seagoing vessels, prescribed by section 1 of that act. The rules prescribed by R.S. § 4233, were further su- perseded as to navigation on the Great Lakes and their connecting and tributary waters as far east as Mon- treal by act Feb. 8, 1895, ch. 64, 28 Stat. 645, section 1 of which enacted rules for preventing collisions to be followed in the navigation of all public and private ves- sels of the United States upon the Great Lakes and their connecting and tributary waters as far east as Montreal. Section 1 contained 28 articles. Section 2 of the act Feb. 8, 1895, ch. 64, prescribed a fine for viola- tions of the act. Section 3 of the act Feb. 8, 1895, ch. 64, gave the Secretary of the Treasury authority to estab- lish all necessary regulations not inconsistent with the act, necessary to carry the act into effect, and gave the Board of Supervising Inspectors of the United States authority to establish such regulations to be observed by all steam vessels in passing each other, not incon- sistent with the act, as they should from time to time deem necessary, and provided that the regulations so adopted, when approved by the Secretary of the Treas- ury, should have the force of law. Section 4 of the act Page 652 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1602 Feb. 8, 1895, ch. 64, repealed all laws or parts of laws, so far as applicable to the navigation of the Great Lakes and their connecting and tributary waters as far east as Montreal, inconsistent with the rules promulgated by the act. The rules prescribed by R.S. § 4233, and by R.S. §§ 4412, 4414, and the regulations pursuant thereto, were re- quired to be followed on the harbors, rivers, and inland waters of the United States, and the provisions of said sections were made special rules, duly made by local authority, relative to the navigation of harbors, rivers, and inland waters, as provided for by article 30 of the act Aug. 19, 1890, ch. 802, § 1, by act Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672. Section 2 of the act Feb. 19, 1895, ch. 102, authorized the Secretary of the Treasury to designate and define by the suitable bearing or range with light houses, light vessels, buoys, or coast objects, the lines dividing the high seas from rivers, harbors, and inland waters. Section 3 of the act Feb. 19, 1895, ch. 102, re- quired collectors or other chief officers of the customs to require sail vessels to be furnished with proper sig- nal lights, and prescribed a penalty to be assessed against vessels navigated without complying with the statutes of the United States, or the regulations law- fully made thereunder. Section 4 of the act Feb. 19, 1895, ch. 102, provided that the words ‘‘inland waters’’ should not be held to include the Great Lakes and their connecting and tributary waters as far east as Mon- treal, and provided that the act should not modify or affect the provisions of act Feb. 8, 1895, ch. 64, which was the act prescribing rules for preventing collisions to be followed in the navigation of all public and pri- vate vessels upon the Great Lakes and their connecting and tributary waters as far east as Montreal. The rules prescribed by R.S. § 4233, were further su- perseded as to the navigation of all harbors, rivers, and inland waters of the United States, except the Great Lakes and their connecting and tributary waters as far east as Montreal and the Red River of the North and rivers emptying into the Gulf of Mexico and their trib- utaries, by act June 7, 1897, ch. 4, 30 Stat. 96, section 1 of which enacted a set of regulations for preventing col- lisions, to be followed by all vessels navigating all har- bors, rivers, and inland waters of the United States, ex- cept the Great Lakes and their connecting and tribu- tary waters as far east as Montreal and the Red River of the North and rivers emptying into the Gulf of Mex- ico and their tributaries. Said section 1 consisted of 31 articles. Section 2 of the act June 7, 1897, ch. 4, author- ized the supervising inspectors of steam-vessels and the Supervising Inspector-General to establish rules to be observed by steam vessels in passing each other and as to the lights to be carried by ferry-boats and by barges and canal-boats, when in tow of steam-vessels, not in- consistent with the provisions of the act, such rules, when approved by the Secretary of the Treasury, to be special rules duly made by local authority, as provided for by article 30 of the act Aug. 19, 1890, ch. 802, § 1 which article provided that nothing in the rules con- tained in that act should interfere with the operation of special rules, duly made by local authority, relative to the navigation of any harbor, river, or inland waters. Section 3 of the act June 7, 1897, ch. 4, prescribed a pen- alty for violations of the provisions of the act or the regulations established pursuant to section 2. Section 4 of the act June 7, 1897, ch. 4, also prescribed a penalty to be assessed against vessels navigated without com- pliance with the provisions of the act. Section 5 of the act June 7, 1897, ch. 4, repealed R.S. §§ 4233, 4412 (with the regulations made in pursuance thereof, except the rules and regulations for the government of pilots of steamers navigating the Red River of the North and rivers emptying into the Gulf of Mexico and their trib- utaries, and except the rules for the Great Lakes and their connecting and tributary waters as far east as Montreal), § 4413, act March 3, 1893, ch. 202, 27 Stat. 557, which amended R.S. § 4233, act Feb. 19, 1895, ch. 102, §§ 1, 3, and act March 3, 1897, ch. 389, §§ 5, 12, 13, 29 Stat. 689, 690, and all amendments thereto insofar as the harbors, rivers, and inland waters of the United States (except the Great Lakes and their connecting and tributary waters as far east as Montreal and the Red River of the North and rivers emptying into the Gulf of Mexico, and their tributaries) were concerned. This legislation resulted in the following situation: Navigation on the high seas was governed by act Aug. 19, 1890, ch. 802, with its amendatory and supple- mentary acts, which was superseded by act Oct. 11, 1951, ch. 495, formerly set forth in chapter 2 of this title; navigation on all harbors, rivers, and inland waters of the United States, except the Great Lakes and their connecting and tributary waters as far east as Mon- treal and the Red River of the North and rivers emptying into the Gulf of Mexico and their tributaries, was governed by act June 7, 1897, ch. 4, as amended, for- merly set forth in chapter 3 of this title; navigation on the Great Lakes and their connecting and tributary waters as far east as Montreal was governed by act Feb. 8, 1895, ch. 64, formerly set forth in section 301 et seq. of this title; and navigation on the Red River of the North and rivers emptying into the Gulf of Mexico and their tributaries was governed by R.S. § 4233, as amend- ed and supplemented, formerly set forth in section 301 et seq. of this title. See also Codification notes to sections 154, 241, and 301 of this title. Regulations for Preventing Collisions at Sea, 1948, ap- proved by the International Conference on Safety of Life at Sea, 1948, covering substantially the same sub- ject matter included under these rules, were set out as sections 143 to 147d of this title. Regulations for Preventing Collisions at Sea, 1960, ap- proved by the International Conference on the Safety of Life at Sea, 1960, covering substantially the same subject matter included under these rules, were set out as sections 1051 to 1094 of this title. AMENDMENTS 2002—Subsec. (d)(3). Pub. L. 107–295 substituted ‘‘Transportation and Infrastructure’’ for ‘‘Merchant Marine and Fisheries’’. Statutory Notes and Related Subsidiaries INTERNATIONAL CONVENTION FOR SAFETY OF LIFE AT SEA, 1948 The convention, known as the International Conven- tion for Safety of Life at Sea, was signed at London on June 10, 1948, and was ratified by the United States on April 20, 1949 (see Senate Report No. 838, Sept. 26, 1951, to accompany H.R. 5013, 82nd Cong.). The ‘‘Inter- national Regulations for Preventing Collisions at Sea, 1948’’, approved by the 1948 London conference, were adopted by section 6 of act Oct. 11, 1951, and were classi- fied to section 144 et seq. of this title. INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA, 1960 The convention, known as the International Conven- tion for the Safety of Life at Sea, was signed at London on June 17, 1960, and was ratified by the United States on May 26, 1965 (see Senate Report No. 477, Aug. 30, 1963, to accompany H.R. 6012, 88th Cong.). The ‘‘Regulations for Preventing Collisions at Sea, 1960’’, approved by the 1960 London conference, were adopted by section 4 of Pub. L. 88–131, Sept. 24, 1963, 77 Stat. 194, and were clas- sified to section 1051 et seq. of this title. INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA, 1972 The Convention on the International Regulations for Preventing Collisions at Sea, 1972, was proclaimed by the President on Jan. 19, 1977. The President’s procla- mation provided that the Convention enter into force for the United States on July 15, 1977. The proclama- tion and the International Regulations were published in the Federal Register on Mar. 31, 1977, 42 F.R. 17112, with corrections to the International Regulations pub- lished on Apr. 7, 1977, 42 F.R. 18401 and on Apr. 21, 1977, 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.)