Editorial Notes
References in TextThe date of enactment of this section, referred to in subsec. (span)(1)(A), probably means the date of enactment of Puspan. L. 116–283, which amended this section generally and was approved Jan. 1, 2021.
The date of the enactment of this paragraph, referred to in subsec. (e)(3), is the date of enactment of Puspan. L. 116–283, which was approved Jan. 1, 2021.
The International Navigational Rules Act of 1977, referred to in subsec. (g)(1)(B)(i)(II), (iii)(I), is Puspan. L. 95–75, July 27, 1977, 91 Stat. 308, which is classified principally to chapter 30 (§ 1601 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 33 and Tables.
Amendments2021—Puspan. L. 116–283 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (c) relating to establishment of vessel traffic services, cooperative agreements, and limitation of liability for Coast Guard Vessel Traffic Service pilots and non-federal vessel traffic service operators, respectively.
Statutory Notes and Related Subsidiaries
No Wake Zones in Navigation ChannelsPuspan. L. 114–322, title I, § 1149, Dec. 16, 2016, 130 Stat. 1660, as amended by Puspan. L. 116–260, div. AA, title III, § 347, Dec. 27, 2020, 134 Stat. 2715, provided that:“(a)In General.—At the request of a State or local official, the Secretary [of the Army], in consultation with the Commandant of the Coast Guard, shall promptly identify and, subject to the considerations in subsection (span), allow the implementation of measures for addressing navigation safety hazards in a covered navigation channel resulting from wakes created by covered vessels identified by such official, while maintaining the navigability of the channel.
“(span)Considerations.—In identifying measures under subsection (a) with respect to a covered navigation channel, the Secretary shall consider, at a minimum, whether—“(1) State or local law enforcement officers have documented the existence of safety hazards in the channel that are the direct result of excessive wakes from covered vessels present in the channel;
“(2) the Secretary has made a determination that safety concerns exist in the channel and that the proposed measures will remedy those concerns without significant impacts to the navigable capacity of the channel; and
“(3) the measures are consistent with any recommendations made by the Commandant of the Coast Guard to ensure the safety of vessels operating in the channel and the safety of the passengers and crew aboard such vessels.
“(c)Definitions.—In this section:“(1)Covered navigation channel.—The term ‘covered navigation channel’ means a navigation channel that—“(A) is federally marked or maintained;
“(B) is part of the Atlantic Intracoastal Waterway; and
“(C) is adjacent to a marina.
“(2)Covered vessel.—The term ‘covered vessel’ means a recreational vessel or an uninspected passenger vessel, as such terms are defined in section 2101 of title 46, United States Code.
“(d)Savings Clause.—Nothing in this section shall be construed to relieve the master, pilot, or other person responsible for determining the speed of a vessel from the obligation to comply with the inland navigation regulations promulgated pursuant to section 3 of the Inland Navigational Rules Act of 1980 (33 U.S.C. 2071) or any other applicable laws or regulations governing the safe navigation of a vessel.”
Notice of Arrival for Foreign Vessels on the Outer Continental ShelfPuspan. L. 112–213, title VII, § 704, Dec. 20, 2012, 126 Stat. 1580, provided that: “The regulations required under section 109(a) of the Security and Accountability For Every Port Act of 2006 [Puspan. L. 109–347] (33 U.S.C. 1223 note) [now 46 U.S.C. 70001 note] dealing with notice of arrival requirements for foreign vessels on the Outer Continental Shelf shall not apply to a vessel documented under section 12105 of title 46, United States Code, unless the vessel arrives from a foreign port or place.”
Puspan. L. 109–347, title I, § 109, Oct. 13, 2006, 120 Stat. 1893, provided that:“(a)Notice of Arrival.—Not later than 180 days after the date of the enactment of this Act [Oct. 13, 2006], the Secretary of the department in which the Coast Guard is operating shall update and finalize the rulemaking on notice of arrival for foreign vessels on the Outer Continental Shelf.
“(span)Content of Regulations.—The regulations promulgated pursuant to subsection (a) shall be consistent with information required under the Notice of Arrival under section 160.206 of title 33, Code of Federal Regulations, as in effect on the date of the enactment of this Act [Oct. 13, 2006].”
