§ 1602. — International Regulations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1602]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 30--INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA
Sec. 1602. International Regulations
(a) Proclamation by President; effective date
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 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.
(b) Publication of proclamation in Federal Register
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.
(c) Amendment of International Regulations
Subject to the provisions of subsection (d) of this section, 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 not object. The effective date of the amendment shall be
specified in the proclamation and shall be in accordance with the
provisions of the 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.
(d) Notification to Congress of proposed amendments; Congressional
resolution of disapproval
(1) 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 Inter-Governmental Maritime Consultative
Organization of an objection to the United States to the proposed
amendment, he shall promptly do so.
(2) For the purposes of this subsection, ``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.
(3) Any proposed amendment transmitted to the Congress by the
President and any resolution of disapproval pertaining thereto shall be
referred, in the House of Representatives, to the Committee on
Transportation and Infrastructure, and shall be referred, in the Senate,
to the Committee on Commerce, Science, and Transportation.
(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.
Section Referred to in Other Sections
This section is referred to in section 1603 of this title; title 49
section 44711.
