types of vessels involved, potential interference 
with the flow of commercial traffic, the presence 
of any unusual cargoes, and other similar fac-
tors; 
‘‘(C) port and waterway configurations and 
variations in local conditions of geography, cli-
mate, and other similar factors; 
‘‘(D) the need for granting exemptions for 
the installation and use of equipment or devices 
for use with vessel traffic services for certain 
classes of small vessels, such as self-propelled 
fishing vessels and recreational vessels; 
‘‘(E) the proximity of fishing grounds, oil 
and gas drilling and production operations, or 
any other potential or actual conflicting activ-
ity; 
‘‘(F) environmental factors; 
‘‘(G) economic impact and effects; 
‘‘(H) existing vessel traffic services; and 
‘‘(I) local practices and customs, including 
voluntary arrangements and agreements within 
the maritime community; and 
‘‘(2) at the earliest possible time, consult with 
and receive and consider the views of representatives 
of the maritime community, ports and harbor au-
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thorities or associations, environmental groups, and 
other persons who may be affected by the proposed 
actions. 
‘‘§ 70005. International agreements 
‘‘(a) TRANSMITTAL
OF REGULATIONS.—The Sec-
retary shall transmit, via the Secretary of State, to appro-
priate international bodies or forums, any regulations 
issued under this subchapter, for consideration as inter-
national standards. 
‘‘(b) AGREEMENTS.—The President is authorized 
and encouraged to— 
‘‘(1) enter into negotiations and conclude and 
execute agreements with neighboring nations, to es-
tablish compatible vessel standards and vessel traffic 
services, and to establish, operate, and maintain 
international vessel traffic services, in areas and 
under circumstances of mutual concern; and 
‘‘(2) enter into negotiations, through appro-
priate international bodies, and conclude and execute 
agreements to establish vessel traffic services in ap-
propriate areas of the high seas. 
‘‘(c) OPERATIONS.—The Secretary, pursuant to any 
agreement negotiated under subsection (b) that is binding 
upon the United States in accordance with constitutional 
requirements, may— 
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‘‘(1) require vessels operating in an area of a 
vessel traffic service to utilize or to comply with the 
vessel traffic service, including the carrying or in-
stallation of equipment and devices as necessary for 
the use of the service; and 
‘‘(2) waive, by order or regulation, the applica-
tion of any United States law or regulation con-
cerning the design, construction, operation, equip-
ment, personnel qualifications, and manning stand-
ards for vessels operating in waters over which the 
United States exercises jurisdiction if such vessel is 
not en route to or from a United States port or 
place, and if vessels en route to or from a United 
States port or place are accorded equivalent waivers 
of laws and regulations of the neighboring nation, 
when operating in waters over which that nation ex-
ercises jurisdiction. 
‘‘(d) SHIP REPORTING SYSTEMS.—The Secretary, in 
cooperation with the International Maritime Organization, 
may implement and enforce two mandatory ship reporting 
systems, consistent with international law, with respect to 
vessels subject to such reporting systems entering the fol-
lowing areas of the Atlantic Ocean: 
‘‘(1) Cape Cod Bay, Massachusetts Bay, and 
Great South Channel (in the area generally bounded 
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by a line starting from a point on Cape Ann, Massa-
chusetts at 42 deg. 39′ N., 70 deg. 37′ W; then 
northeast to 42 deg. 45′ N., 70 deg. 13′ W; then 
southeast to 42 deg. 10′ N., 68 deg. 31′ W, then 
south to 41 deg. 00′ N., 68 deg. 31′ W; then west 
to 41 deg. 00′ N., 69 deg. 17′ W; then northeast to 
42 deg. 05′ N., 70 deg. 02′ W, then west to 42 deg. 
04′ N., 70 deg. 10′ W; and then along the Massa-
chusetts shoreline of Cape Cod Bay and Massachu-
setts Bay back to the point on Cape Ann at 42 deg. 
39′ N., 70 deg. 37′ W). 
‘‘(2) In the coastal waters of the Southeastern 
United States within about 25 nm along a 90 nm 
stretch of the Atlantic seaboard (in an area gen-
erally extending from the shoreline east to longitude 
80 deg. 51.6′ W with the southern and northern 
boundary at latitudes 30 deg. 00′ N., 31 deg. 27′ 
N., respectively). 
‘‘SUBCHAPTER B—PORTS AND WATERWAYS 
SAFETY 
‘‘§ 70011. Waterfront safety 
‘‘(a) IN GENERAL.—The Secretary may take such ac-
tion as is necessary to— 
‘‘(1) prevent damage to, or the destruction of, 
any bridge or other structure on or in the navigable 
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waters of the United States, or any land structure 
or shore area immediately adjacent to such waters; 
and 
‘‘(2) protect the navigable waters and the re-
sources therein from harm resulting from vessel or 
structure damage, destruction, or loss. 
‘‘(b) ACTIONS AUTHORIZED.—Actions authorized by 
subsection (a) include— 
‘‘(1) establishing procedures, measures, and 
standards for the handling, loading, unloading, stor-
age, stowage, and movement on a structure (includ-
ing the emergency removal, control, and disposition) 
of explosives or other dangerous articles and sub-
stances, including oil or hazardous material as those 
terms are defined in section 2101; 
‘‘(2) prescribing minimum safety equipment re-
quirements for a structure to assure adequate pro-
tection from fire, explosion, natural disaster, and 
other serious accidents or casualties; 
‘‘(3) establishing water or waterfront safety 
zones, or other measures, for limited, controlled, or 
conditional access and activity when necessary for 
the protection of any vessel, structure, waters, or 
shore area; and 
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‘‘(4) establishing procedures for examination to 
assure compliance with the requirements prescribed 
under this section. 
‘‘(c) STATE LAW.—Nothing in this section, with re-
spect to structures, prohibits a State or political subdivi-
sion thereof from prescribing higher safety equipment re-
quirements or safety standards than those that may be 
prescribed by regulations under this section. 
‘‘§ 70012. Navigational hazards 
‘‘(a) REPORTING PROCEDURE.—The Secretary shall 
establish a program to encourage fishermen and other ves-
sel operators to report potential or existing navigational 
hazards involving pipelines to the Secretary through Coast 
Guard field offices. 
‘‘(b) SECRETARY’S RESPONSE.— 
‘‘(1) NOTIFICATION BY THE OPERATOR OF A 
PIPELINE.—Upon notification by the operator of a 
pipeline of a hazard to navigation with respect to 
that pipeline, the Secretary shall immediately notify 
Coast Guard headquarters, the Pipeline and Haz-
ardous Materials Safety Administration, other af-
fected Federal and State agencies, and vessel owners 
and operators in the pipeline’s vicinity. 
‘‘(2) NOTIFICATION
BY
OTHER
PERSONS.— 
Upon notification by any other person of a hazard 
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or potential hazard to navigation with respect to a 
pipeline, the Secretary shall promptly determine 
whether a hazard exists, and if so shall immediately 
notify Coast Guard headquarters, the Pipeline and 
Hazardous Materials Safety Administration, other 
affected Federal and State agencies, vessel owners 
and operators in the pipeline’s vicinity, and the 
owner and operator of the pipeline. 
‘‘(c) PIPELINE DEFINED.—For purposes of this sec-
tion, the term ‘pipeline’ has the meaning given the term 
‘pipeline facility’ in section 60101(a)(18) of title 49. 
‘‘§ 70013. Requirement to notify Coast Guard of re-
lease of objects into the navigable waters 
of the United States 
‘‘(a) REQUIREMENT.—As soon as a person has 
knowledge of any release from a vessel or facility into the 
navigable waters of the United States of any object that 
creates an obstruction prohibited under section 10 of the 
Act of March 3, 1899, popularly known as the Rivers and 
Harbors Appropriations Act of 1899 (33 U.S.C. 403), 
such person shall notify the Secretary and the Secretary 
of the Army of such release. 
‘‘(b) RESTRICTION ON USE OF NOTIFICATION.—Any 
notification provided by an individual in accordance with 
subsection (a) may not be used against such individual 
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in any criminal case, except a prosecution for perjury or 
for giving a false statement. 
‘‘SUBCHAPTER C—CONDITION FOR ENTRY INTO 
PORTS IN THE UNITED STATES 
‘‘§ 70021. Conditions for entry to ports in the United 
States 
‘‘(a) IN GENERAL.—No vessel that is subject to chap-
ter 37 shall operate in the navigable waters of the United 
States or transfer cargo or residue in any port or place 
under the jurisdiction of the United States, if such ves-
sel— 
‘‘(1) has a history of accidents, pollution inci-
dents, or serious repair problems that, as determined 
by the Secretary, creates reason to believe that such 
vessel may be unsafe or may create a threat to the 
marine environment; 
‘‘(2) fails to comply with any applicable regula-
tion issued under this chapter, chapter 37, or any 
other applicable law or treaty; 
‘‘(3) discharges oil or hazardous material in vio-
lation of any law of the United States or in a man-
ner or quantities inconsistent with any treaty to 
which the United States is a party; 
‘‘(4) does not comply with any applicable vessel 
traffic service requirements; 
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‘‘(5) is manned by one or more officers who are 
licensed by a certificating State that the Secretary 
has determined, pursuant to section 9101 of title 46, 
does not have standards for licensing and certifi-
cation of seafarers that are comparable to or more 
stringent than United States standards or inter-
national standards that are accepted by the United 
States; 
‘‘(6) is not manned in compliance with manning 
levels as determined by the Secretary to be necessary 
to insure the safe navigation of the vessel; or 
‘‘(7) while underway, does not have at least one 
licensed deck officer on the navigation bridge who is 
capable of clearly understanding English. 
‘‘(b) EXCEPTIONS.— 
‘‘(1) IN GENERAL.—The Secretary may allow 
provisional entry of a vessel that is not in compli-
ance with subsection (a), if the owner or operator of 
such vessel proves, to the satisfaction of the Sec-
retary, that such vessel is not unsafe or a threat to 
the marine environment, and if such entry is nec-
essary for the safety of the vessel or persons aboard. 
‘‘(2) PROVISIONS
NOT
APPLICABLE.—Para-
graphs (1), (2), (3), and (4) of subsection (a) of this 
section shall not apply to a vessel allowed provisional 
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entry under paragraph (1) if the owner or operator 
of such vessel proves, to the satisfaction of the Sec-
retary, that such vessel is no longer unsafe or a 
threat to the marine environment, and is no longer 
in violation of any applicable law, treaty, regulation 
or condition, as appropriate. 
‘‘SUBCHAPTER 
D—DEFINITIONS, 
REGULA-
TIONS, 
ENFORCEMENT, 
INVESTIGATORY 
POWERS, APPLICABILITY 
‘‘§ 70031. Definitions 
‘‘As used in this chapter, unless the context otherwise 
requires: 
‘‘(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 re-
sources thereof, and the waters superjacent 
thereto; and 
‘‘(D) the recreational, economic, and scenic 
values of such waters and resources. 
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‘‘(2) The term ‘Secretary’ means the Secretary 
of the department in which the Coast Guard is oper-
ating, 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 Presidential Proc-
lamation No. 5928 of December 27, 1988. 
‘‘§ 70032. Saint Lawrence Seaway 
‘‘The authority granted to the Secretary under sec-
tions 70001, 70002, 70003, 7004, and 70011 may not be 
delegated with respect to the Saint Lawrence Seaway to 
any agency other than the Saint Lawrence Seaway Devel-
opment Corporation. Any other authority granted the Sec-
retary under this chapter shall be delegated by the Sec-
retary to the Saint Lawrence Seaway Development Cor-
poration to the extent the Secretary determines such dele-
gation is necessary for the proper operation of the Saint 
Lawrence Seaway. 
‘‘§ 70033. Limitation on application to foreign vessels 
‘‘Except pursuant to international treaty, convention, 
or agreement, to which the United States is a party, this 
chapter shall not apply to any foreign vessel that is not 
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