§ 2073. — Navigation Safety Advisory Council.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2073]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 34--INLAND NAVIGATIONAL RULES
SUBCHAPTER II--MISCELLANEOUS PROVISIONS
Sec. 2073. Navigation Safety Advisory Council
(a) Establishment; membership; Council panels; publication in Federal
Register
The Secretary shall establish a Navigation Safety Advisory Council
(hereinafter referred to as the Council) not exceeding 21 members. To
assure balanced representation, members shall be chosen, insofar as
practical, from the following groups: (1) recognized experts and leaders
in organizations having an active interest in the Rules of the Road and
vessel and port safety, (2) representatives of owners and operators of
vessels, professional mariners, recreational boaters, and the
recreational boating industry, (3) individuals with an interest in
maritime law, and (4) Federal and State officials with responsibility
for vessel and port safety. Additional persons may be appointed to
panels of the Council to assist the Council in the performance of its
functions. The Secretary shall, not less often than once a year, publish
notice in the Federal Register for solicitation of nominations for
membership on the Council.
(b) Functions and purpose of Council
The Council shall advise, consult with, and make recommendations to
the Secretary on matters relating to the prevention of collisions,
rammings, and groundings, including the Inland Rules of the Road, the
International Rules of the Road, navigation regulations and equipment,
routing measures, marine information, diving safety, and aids to
navigation systems. Any advice or recommendation made by the Council to
the Secretary shall reflect the independent judgment of the Council on
the matter concerned. The Council shall meet at the call of the
Secretary, but in any event not less than twice during each calendar
year. All proceedings of the Council shall be public, and a record of
the proceedings shall be made available for public inspection.
(c) Executive secretary; staff; travel expenses and status of members
The Secretary shall furnish to the Council an executive secretary
and such secretarial, clerical, and other services as are deemed
necessary for the conduct of its business. Members of the Council, while
away from their home or regular places of business, may be allowed
travel expenses, including per diem in lieu of subsistence, as
authorized by section 5703 of title 5. Payments under this section shall
not render members of the Council officers or employees of the United
States for any purpose.
(d) Termination of Council
Unless extended by subsequent Act of Congress, the Council shall
terminate on September 30, 2005.
(Pub. L. 96-591, Sec. 5, Dec. 24, 1980, 94 Stat. 3434; Pub. L. 97-322,
title I, Sec. 118(c), Oct. 15, 1982, 96 Stat. 1586; Pub. L. 98-557,
Sec. 16(b)(2), Oct. 30, 1984, 98 Stat. 2866; Pub. L. 101-225, title I,
Sec. 105(a)(1), Dec. 12, 1989, 103 Stat. 1909; Pub. L. 104-324, title
III, Sec. 304(a), (g), Oct. 19, 1996, 110 Stat. 3917, 3918; Pub. L. 107-
295, title III, Sec. 334, Nov. 25, 2002, 116 Stat. 2105.)
Amendments
2002--Subsec. (d). Pub. L. 107-295 substituted ``September 30,
2005'' for ``September 30, 2000''.
1996--Pub. L. 104-324, Sec. 304(g), which directed the general
amendment of the ``section heading for section 5(d) of the Inland
Navigational Rules Act of 1980 (33 U.S.C. 2073)'', was executed by
inserting section catchline, to reflect the probable intent of Congress.
Par. (d). Pub. L. 104-324, Sec. 304(a), substituted ``September 30,
2000'' for ``September 30, 1995''.
1989--Par. (a). Pub. L. 101-225, Sec. 105(a)(1)(A), substituted
``Navigation Safety Advisory Council'' for ``Rules of the Road Advisory
Council''.
Par. (b). Pub. L. 101-225, Sec. 105(a)(1)(B), amended par. (b)
generally. Prior to amendment, par. (b) read as follows: ``The Council
shall advise, consult with, and make recommendations to the Secretary on
matters relating to any major proposals for changes to the Inland Rules.
The Council may recommend changes to the Inland Rules and International
Regulations to the Secretary. Any advice or recommendation made by the
Council to the Secretary shall reflect the independent judgment of the
Council on the matter concerned. The Council shall meet at the call of
the Secretary, but in any event not less than once during each calendar
year. All proceedings of the Council shall be public, and a record of
the proceedings shall be made available for public inspection. The
Council is authorized to make available to Congress any information,
advice, and recommendations which the Council is authorized to give to
the Secretary.''
Par. (d). Pub. L. 101-225, Sec. 105(a)(1)(C), substituted
``September 30, 1995'' for ``September 30, 1990''.
1984--Par. (c). Pub. L. 98-557, Sec. 16(b)(2)(A), struck out
provisions authorizing members who are not officers or employees of the
United States to receive compensation at a rate not exceeding the daily
equivalent of the current rate of basic pay for GS-18 of the General
Schedule under section 5332 of title 5.
Par. (d). Pub. L. 98-557, Sec. 16(b)(2)(B), substituted ``on
September 30, 1990'' for ``5 years from the date of enactment of this
Act''.
1982--Par. (a). Pub. L. 97-322, Sec. 118(c)(1), directed Secretary,
not less often than once a year, to publish notice in Federal Register
for solicitation of nominations for membership on Council.
Par. (b). Pub. L. 97-322, Sec. 118(c)(2), authorized Council to make
available to Congress any information, advice, and recommendations which
Council is authorized to give to Secretary.
Par. (c). Pub. L. 97-322, Sec. 118(c)(3), struck out ``or while
otherwise engaged in the business of the Council'' after ``meetings of
the Council'', and ``, including traveltime'' after ``section 5332 of
title 5''.
References in Other Laws
Section 105(a)(2) of Pub. L. 101-225 provided that: ``Each reference
to the Rules of the Road Advisory Council in a law, regulation, order,
document, record, or paper of the United States is deemed to be a
reference to the Navigation Safety Advisory Council.''
