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46 U.S.C. § 40902 (SHIPPING)
§ 40902. Financial responsibility
(a) In General.—
A person may not advertise, hold oneself out, or act as an ocean transportation intermediary unless the person furnishes a bond, proof of insurance, or other surety—
(1) in a form and amount determined by the Federal Maritime Commission to insure financial responsibility; and
(2) issued by a surety company found acceptable by the Secretary of the Treasury.
(b) Scope of Financial Responsibility.—
A bond, insurance, or other surety obtained under this section—
(1) shall be available to pay any penalty assessed under section 41109 of this title or any order for reparation issued under section 41305 of this title;
(2) may be available to pay any claim against an ocean transportation intermediary arising from its transportation-related activities—
(A) with the consent of the insured ocean transportation intermediary and subject to review by the surety company; or
(B) when the claim is deemed valid by the surety company after the ocean transportation intermediary has failed to respond to adequate notice to address the validity of the claim; and
(3) shall be available to pay any judgment for damages against an ocean transportation intermediary arising from its transportation-related activities, if the claimant has first attempted to resolve the claim under paragraph (2) and the claim has not been resolved within a reasonable period of time.
(c) Regulations on Court Judgments.—
The Commission shall prescribe regulations for the purpose of protecting the interests of claimants, ocean transportation intermediaries, and surety companies with respect to the process of pursuing claims against ocean transportation intermediary bonds, insurance, or sureties through court judgments. The regulations shall provide that a judgment for monetary damages may not be enforced except to the extent that the damages claimed arise from the transportation-related activities of the insured ocean transportation intermediary, as defined by the Commission.
(d) Resident Agent.—
An ocean transportation intermediary not domiciled in the United States shall designate a resident agent in the United States for receipt of service of judicial and administrative process, including subpoenas.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1538; Pub. L. 115–282, title VII, § 707(c), Dec. 4, 2018, 132 Stat. 4295.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
40902
46 App.:1718(b).
Pub. L. 98–237, § 19(b), Mar. 20, 1984; added Pub. L. 105–258, title I, § 116(4), Oct. 14, 1998, 112 Stat. 1913.
In subsection (b), in paragraphs (2) and (3), the words “described in section 1702(17) of this Appendix” are omitted as unnecessary.
heading: Amendments
text: 2018—Subsec. (a). Pub. L. 115–282 inserted “advertise, hold oneself out, or” after “may not” in introductory provisions.
46 U.S.C. § 41105A (SHIPPING)
§ 41105A. Authority
Nothing in section 41105, as amended by the Federal Maritime Commission Authorization Act of 2017, shall be construed to limit the authority of the Department of Justice regarding antitrust matters.
(Added Pub. L. 115–282, title VII, § 709(b)(1), Dec. 4, 2018, 132 Stat. 4296.)
heading: References in Text
text: Section 41105, as amended by the Federal Maritime Commission Authorization Act of 2017, referred to in text, is section 41105 of this title as amended by title VII of Pub. L. 115–282.
46 U.S.C. § 41109 (SHIPPING)
§ 41109. Assessment of penalties
(a) General Authority.—
Until a matter is referred to the Attorney General, the Federal Maritime Commission may, after notice and opportunity for a hearing, assess a civil penalty provided for in this part. The Commission may compromise, modify, or remit, with or without conditions, a civil penalty.
(b) Factors in Determining Amount.—
In determining the amount of a civil penalty, the Commission shall take into account the nature, circumstances, extent, and gravity of the violation committed and, with respect to the violator, the degree of culpability, history of prior offenses, ability to pay, and other matters justice may require.
(c) Exception.—
A civil penalty may not be imposed for conspiracy to violate section 41102(a) or 41104(1) or (2) 1 of this title or to defraud the Commission by concealing such a violation.
(d) Prohibited Basis of Penalty.—
The Commission or a court may not order a person to pay the difference between the amount billed and agreed upon in writing with a common carrier or its agent and the amount set forth in a tariff or service contract by that common carrier for the transportation service provided.
(e) Time Limit.—
A proceeding to assess a civil penalty under this section must be commenced within 5 years after the date of the violation.
(f) Review of Civil Penalty.—
A person against whom a civil penalty is assessed under this section may obtain review under chapter 158 of title 28.
(g) Civil Actions To Collect.—
If a person does not pay an assessment of a civil penalty after it has become final or after the appropriate court has entered final judgment in favor of the Commission, the Attorney General at the request of the Commission may seek to collect the amount assessed in an appropriate district court of the United States. The court shall enforce the order of the Commission unless it finds that the order was not regularly made and duly issued.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1544.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
41109(a)
46 App.:1712(c) (1st, last sentences).
Pub. L. 98–237, § 13(c)–(f), Mar. 20, 1984, 98 Stat. 82; Pub. L. 105–258, title I, § 112(c), Oct. 14, 1998, 112 Stat. 1912.
41109(b)
46 App.:1712(c) (2d sentence).
41109(c)
46 App.:1712(f)(1) (1st sentence).
41109(d)
46 App.:1712(f)(1) (last sentence).
41109(e)
46 App.:1712(f)(2).
41109(f)
46 App.:1712(d).
41109(g)
46 App.:1712(e).
heading: References in Text
text: Pars. (1) and (2) of section 41104 of this title, referred to in subsec. (c), redesignated pars. (1) and (2), respectively, of section 41104(a) of this title by Pub. L. 115–282, title VII, § 708(a)(1), Dec. 4, 2018, 132 Stat. 4295.
46 U.S.C. § 70002 (SHIPPING)
§ 70002. Special powers
The Secretary may order any vessel, in a port or place subject to the jurisdiction of the United States or in the navigable waters of the United States, to operate or anchor in a manner the Secretary directs if—
(1) the Secretary has reasonable cause to believe such vessel does not comply with any regulation issued under section 70034 or any other applicable law or treaty;
(2) the Secretary determines such vessel does not satisfy the conditions for port entry set forth in section 70021 of this title; or
(3) by reason of weather, visibility, sea conditions, port congestion, other hazardous circumstances, or the condition of such vessel, the Secretary is satisfied such direction is justified in the interest of safety.
(Added Pub. L. 115–282, title IV, § 401(a), Dec. 4, 2018, 132 Stat. 4255.)
46 U.S.C. § 70004 (SHIPPING)
§ 70004. Considerations by Secretary
In carrying out the duties of the Secretary under sections 70001, 70002, and 70003, the Secretary shall—
(1) take into account all relevant factors concerning navigation and vessel safety, protection of the marine environment, and the safety and security of United States ports and waterways, including—
(A) the scope and degree of the risk or hazard involved;
(B) vessel traffic characteristics and trends, including traffic volume, the sizes and types of vessels involved, potential interference with the flow of commercial traffic, the presence of any unusual cargoes, and other similar factors;
(C) port and waterway configurations and variations in local conditions of geography, climate, 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 activity;
(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 authorities or associations, environmental groups, and other persons who may be affected by the proposed actions.
(Added Pub. L. 115–282, title IV, § 401(a), Dec. 4, 2018, 132 Stat. 4257.)
46 U.S.C. § 70005 (SHIPPING)
§ 70005. International agreements
(a) Transmittal of Regulations.—
The Secretary shall transmit, via the Secretary of State, to appropriate international bodies or forums, any regulations issued under this subchapter, for consideration as international standards.
(b) Agreements.—
The President is authorized and encouraged to—
(1) enter into negotiations and conclude and execute agreements with neighboring nations, to establish 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 appropriate international bodies, and conclude and execute agreements to establish vessel traffic services in appropriate 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—
(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 installation of equipment and devices as necessary for the use of the service; and
(2) waive, by order or regulation, the application of any United States law or regulation concerning the design, construction, operation, equipment, personnel qualifications, and manning standards 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 exercises 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 following areas of the Atlantic Ocean:
(1) Cape Cod Bay, Massachusetts Bay, and Great South Channel (in the area generally bounded by a line starting from a point on Cape Ann, Massachusetts 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 Massachusetts shoreline of Cape Cod Bay and Massachusetts 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 generally 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).
(Added Pub. L. 115–282, title IV, § 401(a), Dec. 4, 2018, 132 Stat. 4257.)
46 U.S.C. § 70011 (SHIPPING)
§ 70011. Waterfront safety
(a) In General.—
The Secretary may take such action as is necessary to—
(1) prevent damage to, or the destruction of, any bridge or other structure on or in the navigable 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 resources 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, storage, stowage, and movement on a structure (including the emergency removal, control, and disposition) of explosives or other dangerous articles and substances, including oil or hazardous material as those terms are defined in section 2101;
(2) prescribing minimum safety equipment requirements for a structure to assure adequate protection 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
(4) establishing procedures for examination to assure compliance with the requirements prescribed under this section.
(c) State Law.—
Nothing in this section, with respect to structures, prohibits a State or political subdivision thereof from prescribing higher safety equipment requirements or safety standards than those that may be prescribed by regulations under this section.
(Added Pub. L. 115–282, title IV, § 401(a), Dec. 4, 2018, 132 Stat. 4258.)
46 U.S.C. § 70012 (SHIPPING)
§ 70012. Navigational hazards
(a) Reporting Procedure.—
The Secretary shall establish a program to encourage fishermen and other vessel 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 Hazardous Materials Safety Administration, other affected 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 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 section, the term “pipeline” has the meaning given the term “pipeline facility” in section 60101(a)(18) of title 49.
(Added Pub. L. 115–282, title IV, § 401(a), Dec. 4, 2018, 132 Stat. 4259.)
46 U.S.C. § 70013 (SHIPPING)
§ 70013. Requirement to notify Coast Guard of release 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 in any criminal case, except a prosecution for perjury or for giving a false statement.
(Added Pub. L. 115–282, title IV, § 401(a), Dec. 4, 2018, 132 Stat. 4259.)
heading: References in Text
text: Section 10 of the Act of March 3, 1899, popularly known as the Rivers and Harbors Appropriations Act of 1899, means section 10 of act Mar. 3, 1899, ch. 425, 30 Stat. 1151, known as the Rivers and Harbors Appropriation Act of 1899, which is classified to section 403 of Title 33, Navigation and Navigable Waters.
46 U.S.C. § 70021 (SHIPPING)
§ 70021. Conditions for entry to ports in the United States
(a) In General.—
No vessel that is subject to chapter 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 vessel—
(1) has a history of accidents, pollution incidents, 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 regulation issued under section 70034, chapter 37, or any other applicable law or treaty;
(3) discharges oil or hazardous material in violation of any law of the United States or in a manner 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;
(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 certification of seafarers that are comparable to or more stringent than United States standards or international 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 compliance with subsection (a), if the owner or operator of such vessel proves, to the satisfaction of the Secretary, that such vessel is not unsafe or a threat to the marine environment, and if such entry is necessary for the safety of the vessel or persons aboard.
(2) Provisions not applicable.—
Paragraphs (1), (2), (3), and (4) of subsection (a) of this section shall not apply to a vessel allowed provisional entry under paragraph (1) if the owner or operator of such vessel proves, to the satisfaction of the Secretary, 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.
(Added Pub. L. 115–282, title IV, § 401(a), Dec. 4, 2018, 132 Stat. 4260.)
46 U.S.C. § 70031 (SHIPPING)
§ 70031. Definitions
As used in subchapters A through C 1 and this subchapter, 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 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 Secretary 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 Presidential Proclamation No. 5928 of December 27, 1988.
(Added Pub. L. 115–282, title IV, § 401(a), Dec. 4, 2018, 132 Stat. 4261.)
heading: References in Text
text: Presidential Proclamation No. 5928, referred to in par. (3), is set out under section 1331 of Title 43, Public Lands.
46 U.S.C. § 70032 (SHIPPING)
§ 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 Lawrence Seaway to any agency other than the Saint Lawrence Seaway Development Corporation. Any other authority granted the Secretary under subchapters A through C 1 and this subchapter shall be delegated by the Secretary to the Saint Lawrence Seaway Development Corporation to the extent the Secretary 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.)
46 U.S.C. § 70033 (SHIPPING)
§ 70033. Limitation on application to foreign vessels
Except pursuant to international treaty, convention, or agreement, to which the United States is a party, subchapters A through C 1 and this subchapter shall not apply to any foreign vessel that is not destined for, or departing from, a port or place subject to the jurisdiction of the United States and that is in—
(1) innocent passage through the territorial sea of the United States; or
(2) transit through the navigable waters of the United States that form a part of an international strait.
(Added Pub. L. 115–282, title IV, § 401(a), Dec. 4, 2018, 132 Stat. 4261.)
46 U.S.C. § 70034 (SHIPPING)
§ 70034. Regulations
(a) In General.—
In accordance with section 553 of title 5, the Secretary shall issue, and may from time to time amend or repeal, regulations necessary to implement subchapters A through C 1 and this subchapter.
(b) Consultation.—
In the exercise of the regulatory authority under subchapters A through C 1 and this subchapter, the Secretary shall consult with, and receive and consider the views of all interested persons, including—
(1) interested Federal departments and agencies;
(2) officials of State and local governments;
(3) representatives of the maritime community;
(4) representatives of port and harbor authorities or associations;
(5) representatives of environmental groups;
(6) any other interested persons who are knowledgeable or experienced in dealing with problems involving vessel safety, port and waterways safety, and protection of the marine environment; and
(7) advisory committees consisting of all interested segments of the public when the establishment of such committees is considered necessary because the issues involved are highly complex or controversial.
(Added Pub. L. 115–282, title IV, § 401(a), Dec. 4, 2018, 132 Stat. 4261.)
heading: Safety Zones for Permitted Marine Events
text: Pub. L. 114–120, title III, § 305, Feb. 8, 2016, 130 Stat. 54, provided that:
“Not later than 6 months after the date of the enactment of this Act [Feb. 8, 2016], the Secretary of the department in which the Coast Guard is operating shall establish and implement a process to—
“(1) account for the number of safety zones established for permitted marine events;
“(2) differentiate whether the event sponsor who requested a permit for such an event is—
“(A) an individual;
“(B) an organization; or
“(C) a government entity; and
“(3) account for Coast Guard resources utilized to enforce safety zones established for permitted marine events, including for—
“(A) the number of Coast Guard or Coast Guard Auxiliary vessels used; and
“(B) the number of Coast Guard or Coast Guard Auxiliary patrol hours required.”