Volume 91 · 308
Public Law 95–75
To implement the Convention on the International Regulations for Preventing Collisions at Sea, 1972.
Approved July 27, 1977
Statutory text
An Act
To implement the Convention on the International Regulations for Preventing Collisions at Sea, 1972.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may be cited as the “International Navigational Rules Act of 1977 ”.
Sec. 2.
For the purposes of this Act—
“vessel” means every description of watercraft, including non-displacement craft and seaplanes, used or capable of being used as a means of transportation on water; and
“high seas” means all parts of the sea that are not included in the territorial sea or in the internal waters of any nation.
Sec. 3.
The President is authorized to proclaim the International Regulations for Preventing Collisions at Sea, 1972 (hereinafter referred to as the “International Regulations”). The effective date of the International Regulations for the United States shall be specified in the proclamation and shall be the date as near as possible to, but no earlier than, the date on which the Convention on the International Regulations for Preventing Collisions at Sea, 1972 (hereinafter referred to as the “Convention”), signed at London, England, under
Contents.
date of October 20, 1972, enters into force for the United States. The International Regulations proclaimed shall consist of the rules and other annexes attached to the Convention.
The proclamation shall include the International Regulations and shall be published in the Federal Register. On the date specified in the proclamation, the International Regulations shall enter into force for the United States and shall have effect as if enacted by statute.
Subject to the provisions of subsection (d) hereof, the President is also authorized to proclaim any amendment to the International Regulations hereafter adopted in accordance with the provisions of article VI of the Convention, and to which the United States does
Effective date.
not object. The effective date of the amendment shall be specified in the proclamation and shall be in accordance with the provisions of the
Publication in Federal Register.
said article VI. The proclamation shall include the adopted amendment and shall be published in the Federal Register. On the date specified in the proclamation, the amendment shall enter into force for the United States as a constituent part of the International Regulations, as amended, and shall have effect as if enacted by statute.
Upon receiving a proposed amendment to the International Regulations, communicated to the United States pursuant to clause 3 of article VI of the Convention, the President shall promptly notify the Congress of the proposed amendment. If, within sixty days after receipt of such notification by the Congress, or ten days prior to the date under clause 4 of article VI for registering an objection, whichever comes first, the Congress adopts a resolution of disapproval, such resolution shall be transmitted to the President and shall constitute an objection by the United States to the proposed amendment. If, upon receiving notification of the resolution of disapproval, the President has not already notified the InterGovernmental Maritime Consulta-tive Organization of an objection to the United States to the proposed amendment, he shall promptly do so.
For the purposes of this subsection, “resolution of disapproval”
“Resolution of disapproval.”
means a concurrent resolution initiated by either House of the Congress, the matter after the resolving clause of which is to read as follows: “That the (the concurring) does not favor the proposed amendment to the International Regulations for Preventing Collisions at Sea, 1972, relating to , and forwarded to the Congress by the President on .”, the first blank space therein to be filled with the name of the resolving House, the second blank space therein to be filled with the name of the concurring House, the third blank space therein to be filled with the. subject matter of the proposed amendment, and the fourth blank space therein to be filled with the day, month, and year.
Any proposed amendment transmitted to the Congress by the
Referral to congressional committees.
President and any resolution of disapproval pertaining thereto shall be referred, in the House of Representatives, to the Committee on Merchant Marine and Fisheries, and shall be referred, in the Senate, to the Committee on Commerce, Science, and Transportation.
Sec. 4.
Except as provided in section 5 and subject to the provisions
of section 6, the International Regulations, as proclaimed under section 3, shall be applicable to, and shall lie complied with by—
all vessels, public and private, subject to the jurisdiction of the United States, while upon the high seas or in waters connected therewith navigable by seagoing vessels, and
all other vessels when on waters subject to the jurisdiction of the United States.
Sec. 5.
The International Regulations shall not be applicable to
vessels while—
in the harbors, rivers, and other inland waters of the United States, as defined in section 1 of the Act of June 7, 1897 (30 Stat. 96), as amended (33 U.S.C. 154),
in the Great Lakes of North America and their connecting and tributary waters, as defined in section 1 of the Act of February 8, 1895 (28 Stat. 645), as amended (33 U.S.C. 241), nor while
in the Red River of the North and rivers emptying into the Gulf of Mexico and their tributaries, as defined in section 4233 of the. Revised Statutes of the United States, as amended (33 U.S.C. 301).
Whenever a vessel subject to the jurisdiction of the United States is in the territorial waters of a foreign state the International Regulations shall be applicable to, and shall be complied with by, that vessel to the extent that the laws and regulations of the foreign state are not in conflict therewith.
Sec. 6.
Any requirement of the International Regulations with
Certain Navy and Coast Guard vessels, exemption.
respect to the number, position, range, or arc of visibility of lights, with respect to shapes, or with respect to the disposition and characteristics of sound-signaling appliances, shall not be applicable to a vessel of special construction or purpose, whenever the Secretary of the Navy, for any vessel of the Navy, or the Secretary of the department in which the Coast Guard is operating, for any other vessel of the United States, shall certify that the vessel cannot comply fully with that requirement without interfering with the special function of the vessel.
Whenever a certification is issued under the authority of subsection (a) hereof, the vessel involved shall comply with the requirement as to which the certification is made to the extent that the Secretary issuing the certification shall certify as the closest possible compliance by that vessel.
Notice of the certifications issued pursuant to subsections (a) and (b) hereof shall be published in the Federal Register.
Sec. 7.
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 promulgate special rules with respect to additional station or signal lights for fishing vessels engaged in fishing as a fleet.
The additional station or signal lights or whistle signals contained in the special rules authorized under subsection (a) hereof shall be, as far as possible, such that they cannot be mistaken for any light
Publication in Federal Register.
or signal authorized by the International Regulations. Notice of such special rules shall be published in the Federal Register and, after the effective date specified in such notice, they shall have effect as if they were a part of the International Regulations.
Sec. 8.
The Secretary of the department in which the Coast Guard is operating is authorized to promulgate such reasonable rules and regulations as are necessary to implement the provisions of this Act and the International Regulations proclaimed hereunder.
Sec. 9.
Whoever operates a vessel, subject to the provisions of this Act, in violation of this Act or of any regulation promulgated pursuant to section 8, shall be liable to a civil penalty of not more than $500 for each such violation.
Every vessel subject to the provisions of this Act other than a public vessel being used for noncommercial purposes, which is operated in violation of this Act or of any regulation promulgated pursuant to section 8, shall be liable to a civil penalty of $500 for each such violation, for which penalty the vessel may be seized and proceeded against in the district court of the United States of any district within which such vessel may be found.
The Secretary of the department in which the Coast Guard is
Notice and hearing.
operating may assess any civil penalty authorized by this section. No such penalty may be assessed until the person charged, or the owner of the vessel charged, as appropriate, shall have been given notice of the violation involved and an opportunity for a hearing. For good cause shown, the Secretary may remit, mitigate, or compromise any penalty assessed. Upon the failure of the person charged, or the owner of the vessel charged, to pay an assessed penalty, as it may have been mitigated or compromised, the Secretary may request the Attorney General to commence an action in the appropriate district court of the United States for collection of the penalty as assessed, without regard to the amount involved, together with such other relief as may be appropriate.
Sec. 10.
Public Law 88–131 (77 Stat. 194) is repealed, effective on
Repeal; effective date.
the date on which the International Regulations enter into force for the United States. The reference in any other law to Public Law 88–131, or to the regulations set forth in section 4 of that Act, shall be considered a reference, respectively, to this Act, or to the International Regulations proclaimed hereunder.
Approved July 27, 1977.