Notes on 33 U.S.C. § 1602 : US Code - Notes

Search Notes on 33 U.S.C. § 1602 : US Code - Notes

(Pub. L. 95-75, Sec. 3, July 27, 1977, 91 Stat. 308; Pub. L. 107-
295, title IV, Sec. 408(b)(1), Nov. 25, 2002, 116 Stat. 2117.)
PRIOR PROVISIONS
The original rules for the prevention of collisions on the water
were contained in R.S. Sec. 4233, which consisted of 26 rules, R.S.
Sec. 4412, which authorized the board of supervising 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 safety, 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. Sec. 4413, which
prescribed a penalty for neglecting or willfully refusing to
observe the regulations established pursuant to said section 4412.
The rules prescribed by R.S. Sec. 4233 were superseded as to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 International 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ch. 354, 23 Stat. 438, which rules were superseded by the passage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 preventing 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, Sec. 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Section 2 of act Aug. 19, 1890, ch. 802, repealed all laws and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 navigable by seagoing vessels, prescribed by
section 1 of that act.
The rules prescribed by R.S. Sec. 4233, were further superseded
as to navigation on the Great Lakes and their connecting and
tributary waters as far east as Montreal 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 vessels 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 violations of the act. Section 3 of the act
Feb. 8, 1895, ch. 64, gave the Secretary of the Treasury authority
to establish 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 inconsistent 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 Treasury, should
have the force of law. Section 4 of the act 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. Sec. 4233, and by R.S. Secs. 4412,
4414, and the regulations pursuant thereto, were required 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, Sec. 1, by act Feb. 19, 1895,
ch. 102, Sec. 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, required collectors or other chief officers of
the customs to require sail vessels to be furnished with proper
signal lights, and prescribed a penalty to be assessed against
vessels navigated without complying with the statutes of the United
States, or the regulations lawfully 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 Montreal, 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 private vessels upon the Great Lakes and their
connecting and tributary waters as far east as Montreal.
The rules prescribed by R.S. Sec. 4233, were further superseded
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
tributaries, by act June 7, 1897, ch. 4, 30 Stat. 96, section 1 of
which enacted a set of regulations for preventing collisions, to be
followed by all vessels navigating 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 tributaries. Said section 1 consisted of 31 articles. Section
2 of the act June 7, 1897, ch. 4, authorized 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
inconsistent 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, Sec. 1 which article provided that nothing
in the rules contained 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 penalty 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 compliance with the provisions of the act. Section 5 of the
act June 7, 1897, ch. 4, repealed R.S. Secs. 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 tributaries, and except the rules for the Great Lakes and
their connecting and tributary waters as far east as Montreal),
Sec. 4413, act March 3, 1893, ch. 202, 27 Stat. 557, which amended
R.S. Sec. 4233, act Feb. 19, 1895, ch. 102, Secs. 1, 3, and act
March 3, 1897, ch. 389, Secs. 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 supplementary 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 Montreal 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,
formerly 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. Sec. 4233, as amended
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, approved by
the International Conference on Safety of Life at Sea, 1948,
covering substantially the same subject matter included under these
rules, were set out as sections 143 to 147d of this title.
Regulations for Preventing Collisions at Sea, 1960, approved 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".
INTERNATIONAL CONVENTION FOR SAFETY OF LIFE AT SEA, 1948
The convention, known as the International Convention 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
"International 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 classified to section 144 et seq. of
this title.
INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA, 1960
The convention, known as the International Convention 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 classified 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 proclamation provided that the Convention
enter into force for the United States on July 15, 1977. The
proclamation and the International Regulations were published in
the Federal Register on Mar. 31, 1977, 42 F.R. 17112, with
corrections to the International Regulations published on Apr. 7,
1977, 42 F.R. 18401 and on Apr. 21, 1977, 42 F.R. 20625. The
International Regulations, as amended, are maintained and published
by the United States Coast Guard, U.S. Department of Homeland
Security, in the publication Navigation Rules, which is available
for sale by the Superintendent of Documents, U.S. Government
Printing Office, Washington, D.C. 20402.
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 Constitution 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 construction or
purpose, 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, shall determine and certify, in
accord with Rule I of the International Regulations for Preventing
Collisions at Sea, 1972, hereinafter referred to as the
International Regulations, as to which such vessels cannot comply
fully with the provisions of any of the International Regulations
with respect to the number, 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 certify as to such
other provisions which are the closest possible compliance by that
vessel with the International Regulations.
(c) Notice of any certification issued shall be published in the
Federal Register.
Sec. 2. The Secretary of the Navy is authorized to promulgate
special rules with respect to additional station 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 operating is authorized, to the extent permitted by law,
including the provisions of Title 14 of the United States Code, to
promulgate special rules with respect to additional station or
signal lights for fishing vessels engaged 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 vessels, the keel of which is laid, or which is at a
corresponding stage of construction, before July 15, 1977, from
full compliance with the International Regulations, provided that
such vessel or class of vessels complies with the requirements of
the International Regulations for Preventing Collisions at Sea,
1960. Notice of any exemption granted shall be published in the
Federal 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 regulations that are necessary to
implement the provisions of the Convention and International
Regulations. He shall cause to be published in the Federal Register
any implementing regulations or interpretive rulings promulgated
pursuant to this Order, and shall promptly publish in the Federal
Register the full text of the International 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, provided:
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 Communications Commission shall (a) perform those
functions prescribed in the Convention that are within their
respective 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 responsible 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 agency, 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)
[now 46 U.S.C. 3305, 3316, 12119], 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 Convention.
1-106. To the extent that the International Convention for the
Safety of Life at Sea, 1974, replaces and abrogates the
International Convention for the Safety of Life at Sea, 1960 (TIAS
5780), this Order supersedes Executive Order No. 11239 of July 31,
1965, entitled "Enforcement 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.