33 U.S.C. § 1602

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 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. § 4413, which prescribed a penalty for neglecting or willfully refusing to observe the regulations established pursuant to said section 4412.

act March 3, 1885, ch. 35423 Stat. 438act Aug. 19, 1890, ch. 80226 Stat. 322The rules prescribed by R.S. § 4233 were superseded as to navigation on the high seas and in all coast waters of the United States, except such as were otherwise provided for, by the adoption of the “Revised International Regulations” by , , which rules were superseded by the passage and adoption of , , section 1 of which enacted a set of regulations for preventing collisions at sea to be followed by all public and private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, § 1act Aug. 19, 1890, ch. 802, consisted of 31 articles. Section 2 of , repealed all laws and parts of laws inconsistent with the regulations for preventing collisions at sea for the navigation of all public and private vessels of the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.

act Feb. 8, 1895, ch. 6428 Stat. 645act Feb. 8, 1895, ch. 64act Feb. 8, 1895, ch. 64act Feb. 8, 1895, ch. 64The rules prescribed by R.S. § 4233, were further superseded as to navigation on the Great Lakes and their connecting and tributary waters as far east as Montreal by , , section 1 of which enacted rules for preventing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 , prescribed a fine for violations of the act. Section 3 of the , 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 , 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.

act Aug. 19, 1890, ch. 802, § 1act Feb. 19, 1895, ch. 102, § 128 Stat. 672act Feb. 19, 1895, ch. 102act Feb. 19, 1895, ch. 102act Feb. 19, 1895, ch. 102act Feb. 8, 1895, ch. 64The rules prescribed by R.S. § 4233, and by R.S. §§ 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 , by , . Section 2 of the , 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 , 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 , 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 , 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.

act June 7, 1897, ch. 430 Stat. 96act June 7, 1897, ch. 4act Aug. 19, 1890, ch. 802, § 1act June 7, 1897, ch. 4act June 7, 1897, ch. 4act June 7, 1897, ch. 4act March 3, 1893, ch. 20227 Stat. 557act Feb. 19, 1895, ch. 102act March 3, 1897, ch. 38929 Stat. 689The rules prescribed by R.S. § 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 , , 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 , 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 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 , prescribed a penalty for violations of the provisions of the act or the regulations established pursuant to section 2. Section 4 of the , also prescribed a penalty to be assessed against vessels navigated without compliance with the provisions of the act. Section 5 of the , 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 tributaries, and except the rules for the Great Lakes and their connecting and tributary waters as far east as Montreal), § 4413, , , which amended R.S. § 4233, , §§ 1, 3, and , §§ 5, 12, 13, , 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.

act Aug. 19, 1890, ch. 802act Oct. 11, 1951, ch. 495act June 7, 1897, ch. 4act Feb. 8, 1895, ch. 64This legislation resulted in the following situation: Navigation on the high seas was governed by , with its amendatory and supplementary acts, which was superseded by , 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 , 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 , 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 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

Pub. L. 107–2952002—Subsec. (d)(3). substituted “Transportation and Infrastructure” for “Merchant Marine and Fisheries”.

Statutory Notes and Related Subsidiaries

International Convention for Safety of Life at Sea, 1948

June 10, 1948April 20, 1949Sept. 26, 1951Oct. 11, 1951The convention, known as the International Convention for Safety of Life at Sea, was signed at London on , and was ratified by the United States on (see Senate Report No. 838, , 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 , and were classified to section 144 et seq. of this title.

International Convention for the Safety of Life at Sea, 1960

June 17, 1960May 26, 1965Aug. 30, 1963section 4 of Pub. L. 88–131Sept. 24, 196377 Stat. 194The convention, known as the International Convention for the Safety of Life at Sea, was signed at London on , and was ratified by the United States on (see Senate Report No. 477, , to accompany H.R. 6012, 88th Cong.). The “Regulations for Preventing Collisions at Sea, 1960”, approved by the 1960 London conference, were adopted by , , , and were classified to section 1051 et seq. of this title.

International Regulations for Preventing Collisions at Sea, 1972

Jan. 19, 1977July 15, 1977Mar. 31, 1977Apr. 7, 1977Apr. 21, 1977The Convention on the International Regulations for Preventing Collisions at Sea, 1972, was proclaimed by the President on . The President’s proclamation provided that the Convention enter into force for the United States on . The proclamation and the International Regulations were published in the Federal Register on , 42 F.R. 17112, with corrections to the International Regulations published on , 42 F.R. 18401 and on , 42 F.R. 20625. For the current version of the Amalgamated International & U.S. Inland Navigation Rules, see the website of the United States Coast Guard Navigation Center.

Executive Documents

Ex. Ord. No. 11964. Implementation of Convention on the International Regulations for Preventing Collisions at Sea, 1972

Jan. 19, 1977Ex. Ord. No. 11964, , 42 F.R. 4327, provided:

Section 301 of Title 3July 15, 1977By virtue of the authority vested in me by the Constitution and statutes of the United States of America, including 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 , 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.

Federal Register.(c) Notice of any certification issued shall be published in the

SecFederal Register.. 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

SecJuly 15, 1977Federal Register.. 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 , 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

SecFederal RegisterFederal Register. 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 any implementing regulations or interpretive rulings promulgated pursuant to this Order, and shall promptly publish in the the full text of the International Regulations.

Ex. Ord. No. 12234. Enforcement of Convention for the Safety of Life at Sea, 1974

Sept. 3, 1980Ex. Ord. No. 12234, , 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:

November 1, 1974January 28, 1980May 25, 19801–101. The International Convention for the Safety of Life at Sea, 1974, signed at London on , and proclaimed by the President of the United States on (TIAS 9700), entered into force for the United States on .

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.

Section 25 of the Act of June 5, 192046 U.S.C. 8811–104. 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 , as amended (), 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.

July 31, 19651–106. 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 , entitled “Enforcement of the Convention for the Safety of Life at Sea, 1960.”

October 30, 19521–107. Executive Order No. 10402 of , entitled “Enforcement of the Convention for the Safety of Life at Sea, 1948,” is revoked.