§ 3105. Electronic charts

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2018

   Frank LoBiondo Coast Guard Authorization Act of 2018

   Pub. L. 115–282 title IV § 402(a)(1) · 132 Stat. 4192

   Enacted · 46 U.S.C. § 3105

   Added and amended Pub. L. 115–282, title IV, § 402(a)(1), Dec. 4, 2018, 132 Stat. 4263, 4264

   Source evidence

   Code source credit
   Added and amended Pub. L. 115–282, title IV, § 402(a)(1), Dec. 4, 2018, 132 Stat. 4263, 4264

   Enacted provision · exact public law section
   (1) Transfer of provision.— Section 4A of the Ports and Waterways Safety Act (33 U.S.C. 1223a)— (A) is redesignated as section 3105 of title 46, United States Code, and transferred to appear after section 3104 of that title; and (B) is amended by striking subsection (b) and inserting the following: “(b) Limitation on Application.— Except pursuant to an international treaty, convention, or agreement, to which the United States is a party, this section 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.” .

2. 2018

   Frank LoBiondo Coast Guard Authorization Act of 2018

   Pub. L. 115–282 § 402(a)(1)(A) · 132 Stat. 4192

   Changed · 46 U.S.C. § 3105

   Pub. L. 115–282, § 402(a)(1)(A), transferred section 4A of Pub. L. 92–340 to this chapter and renumbered it as this section. See Codification note above

   Source evidence

   Code amendment note
   Pub. L. 115–282, § 402(a)(1)(A), transferred section 4A of Pub. L. 92–340 to this chapter and renumbered it as this section. See Codification note above.

   Enacted provision · exact public law section
   (A) is redesignated as section 3105 of title 46, United States Code, and transferred to appear after section 3104 of that title; and

3. 2018

   Frank LoBiondo Coast Guard Authorization Act of 2018

   Pub. L. 115–282 § 402(a)(1)(B) · 132 Stat. 4192

   1. Added · 46 U.S.C. § 3105(b)

      Pub. L. 115–282, § 402(a)(1)(B), added subsec. (b)

   2. Struck · 46 U.S.C. § 3105(b)

      Pub. L. 115–282, § 402(a)(1)(B), struck out former subsec. (b). Prior to amendment, text read as follows: “The Secretary of the department in which the Coast Guard is operating shall prescribe regulations implementing subsection (a) before January 1, 2007, including requirements for the operation and maintenance of the electronic charts required under subsection (a).”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 115–282, § 402(a)(1)(B), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “The Secretary of the department in which the Coast Guard is operating shall prescribe regulations implementing subsection (a) before January 1, 2007, including requirements for the operation and maintenance of the electronic charts required under subsection (a).”

   Enacted provision · exact public law section
   (B) is amended by striking subsection (b) and inserting the following: “(b) Limitation on Application.— Except pursuant to an international treaty, convention, or agreement, to which the United States is a party, this section 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.” .

4. 2021

   Elijah E. Cummings Coast Guard Authorization Act of 2020

   Pub. L. 116–283 § 8301(a) · 134 Stat. 3388

   Amended · 46 U.S.C. § 3105(a)(1)

   Pub. L. 116–283, § 8301(a), amended par. (1) generally. Prior to amendment, text read as follows: “Subject to paragraph (2), the following vessels, while operating on the navigable waters of the United States, shall be equipped with and operate electronic charts under regulations prescribed by the Secretary of the department in which the Coast Guard is operating:

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 116–283, § 8301(a), amended par. (1) generally. Prior to amendment, text read as follows: “Subject to paragraph (2), the following vessels, while operating on the navigable waters of the United States, shall be equipped with and operate electronic charts under regulations prescribed by the Secretary of the department in which the Coast Guard is operating:

   “(A) A self-propelled commercial vessel of at least 65 feet overall length. “(B) A vessel carrying more than a number of passengers for hire determined by the Secretary. “(C) A towing vessel of more than 26 feet in overall length and 600 horsepower. “(D) Any other vessel for which the Secretary decides that electronic charts are necessary for the safe navigation of the vessel.”

   Enacted provision · exact public law section
   (a) Requirements.— Section 3105(a)(1) of title 46, United States Code, is amended to read as follows: “(1) Electronic charts in lieu of marine charts, charts, and maps.— Subject to paragraph (2), the following vessels, while operating on the navigable waters of the United States, equipped with and operating electronic navigational charts that are produced by a government hydrographic office or conform to a standard acceptable to the Secretary, shall be deemed in compliance with any requirement under title 33 or title 46, Code of Federal Regulations, to have a chart, marine chart, or map on board such vessel: “(A) A self-propelled commercial vessel of at least 65 feet in overall length. “(B) A vessel carrying more than a number of passengers for hire determined by the Secretary. “(C) A towing vessel of more than 26 feet in overall length and 600 horsepower. “(D) Any other vessel for which the Secretary decides that electronic charts are necessary for the safe navigation of the vessel.” .

5. 2021

   Elijah E. Cummings Coast Guard Authorization Act of 2020

   Pub. L. 116–283 § 8301(b) · 134 Stat. 3388

   Added · 46 U.S.C. § 3105(a)(2)(C)

   Pub. L. 116–283, § 8301(b), added subpar. (C)

   Source evidence

   Code amendment note
   Subsec. (a)(2)(C). Pub. L. 116–283, § 8301(b), added subpar. (C).

   Enacted provision · exact public law section
   (b) Exemptions and Waivers.— Section 3105(a)(2) of title 46, United States Code, is amended— (1) in subparagraph (A), by striking “operates; and” and inserting “operates;”; (2) in subparagraph (B), by striking “those waters.” and inserting “those waters; and”; and (3) by adding at the end the following: “(C) permit vessels described in subparagraphs (A) through (D) of paragraph (1) that operate solely landward of the baseline from which the territorial sea of the United States is measured to utilize software-based, platform-independent electronic chart systems that the Secretary determines are capable of displaying electronic navigational charts with necessary scale and detail to ensure safe navigation for the intended voyage.” .

6 of 6 references resolved to an enrolled provision