33 U.S.C. § 1207 — Regulations

Page 347 TITLE 33—NAVIGATION AND NAVIGABLE WATERS §§ 1221 to 1223 chapter, nor shall it obligate the master of any vessel to moor or anchor his vessel; however, the loss of radiotelephone capability shall be given consideration in the navigation of the vessel. (Pub. L. 92–63, § 6, 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. § 1206. Exemptions; terms and conditions The Secretary may, if he considers that ma- rine navigational safety will not be adversely af- fected or where a local communication system fully complies with the intent of this concept but does not conform in detail, issue exemptions from any provisions of this chapter, on such terms and conditions as he considers appro- priate. (Pub. L. 92–63, § 7, 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. § 1207. Regulations (a) Operating and technical conditions and char- acteristics; frequencies, emission, and power of radiotelephone equipment The Federal Communications Commission shall, after consultation with other cognizant agencies, prescribe regulations necessary to specify operating and technical conditions and characteristics including frequencies, emission, and power of radiotelephone equipment required under this chapter. (b) Enforcement The Secretary shall, subject to the concur- rence of the Federal Communications Commis- sion, prescribe regulations for the enforcement of this chapter. (Pub. L. 92–63, § 8, 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. § 1208. Penalties (a) Master, person in charge, or pilot subject to penalty Whoever, being the master or person in charge of a vessel subject to this chapter, fails to en- force or comply with this chapter or the regula- tion, hereunder; or Whoever, being designated by the master or person in charge of a vessel subject to this chap- ter to pilot or direct the movement of the ves- sel, fails to enforce or comply with this chapter or the regulations hereunder— Is liable to a civil penalty of not more than $500 to be assessed by the Secretary. (b) Vessels subject to penalty; jurisdiction Every vessel navigating in violation of this chapter or the regulations hereunder is liable to a civil penalty of not more than $500 to be as- sessed by the Secretary for which the vessel may be proceeded against in any district court of the United States having jurisdiction. (c) Remission or mitigation Any penalty assessed under this section may be remitted or mitigated by the Secretary upon such terms as he may deem proper. (Pub. L. 92–63, § 9, 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. CHAPTER 25—PORTS AND WATERWAYS SAFETY PROGRAM §§ 1221 to 1223. Repealed. Pub. L. 115–282, title IV, § 402(e), Dec. 4, 2018, 132 Stat. 4264 Section 1221, Pub. L. 92–340, § 2, formerly title I, § 101, July 10, 1972, 86 Stat. 424; renumbered and amended Pub. L. 95–474, § 2, Oct. 17, 1978, 92 Stat. 1471; Pub. L. 107–295, title IV, § 443(1), Nov. 25, 2002, 116 Stat. 2132, re- lated to statement of policy. Section 1222, Pub. L. 92–340, § 3, formerly title I, § 102, July 10, 1972, 86 Stat. 425; renumbered and amended Pub. L. 95–474, § 2, Oct. 17, 1978, 92 Stat. 1471; Pub. L. 105–383, title III, § 301(a), Nov. 13, 1998, 112 Stat. 3417; Pub. L. 108–293, title III, § 304, Aug. 9, 2004, 118 Stat. 1042, provided definitions for the chapter. Section 1223, Pub. L. 92–340, § 4, formerly title I, § 103, July 10, 1972, 86 Stat. 426; renumbered and amended Pub. L. 95–474, § 2, Oct. 17, 1978, 92 Stat. 1472; Pub. L. 101–380, title IV, § 4107(a), Aug. 18, 1990, 104 Stat. 514; Pub. L. 104–324, title VII, § 705, Oct. 19, 1996, 110 Stat. 3934; Pub. L. 108–293, title III, § 302, Aug. 9, 2004, 118 Stat. 1041; Pub. L. 109–241, title IX, § 901(d), July 11, 2006, 120 Stat. 564; Pub. L. 115–44, title III, § 315(b)(1), Aug. 2, 2017, 131 Stat. 949, related to vessel operating requirements. See section 70001 of Title 46, Shipping. Statutory Notes and Related Subsidiaries SHORT TITLE OF 1986 AMENDMENT Pub. L. 99–399, title IX, § 901, Aug. 27, 1986, 100 Stat. 889, provided that: ‘‘This title [enacting section 1226 of this title and sections 1801 to 1809 of the former Appen- dix to Title 46, Shipping] may be cited as the ‘Inter- national Maritime and Port Security Act’.’’ SHORT TITLE OF 1978 AMENDMENT Pub. L. 95–474, § 1, Oct. 17, 1978, 92 Stat. 1471, provided: ‘‘That this Act [enacting sections 1225, 1228 to 1231, and 1232 of this title, amending this section, sections 1222 to 1224, 1226, and 1227 of this title, and sections 214 and 391a of Title 46, Shipping, and enacting provisions set out as notes under this section and section 1224 of this title and section 391a of former Title 46] may be cited as the ‘Port and Tanker Safety Act of 1978’.’’