Prior Provisions
The original rules for the prevention of collisions on the water were contained in R.S. § 4233, which consisted of 26 rules, R.S. § 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. § 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 The rules prescribed by R.S. § 4233 were superseded as to navigation on the high seas and in all coast waters of the United States, except such as were otherwise provided for, by the adoption of the “Revised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” by act March 3, 1885, ch. 354, 23 Stat. 438, which rules were superseded by the passage and adoption of act Aug. 19, 1890, ch. 802, 26 Stat. 322,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, § 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section 2 of act Aug. 19, 1890, ch. 802, repealed all laws and parts of laws inconsistent with the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 The rules prescribed by R.S. § 4233, were further superseded as to navigation on the Great Lakes and their connecting and tributary waters as far east as Montreal by act Feb. 8, 1895, ch. 64, 28 Stat. 645,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. § 4233, and by R.S. §§ 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, § 1, by act Feb. 19, 1895, ch. 102, § 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. § 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, § 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
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. §§ 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), § 4413, act
March 3, 1893, ch. 202, 27 Stat. 557, which amended R.S. § 4233, act Feb. 19, 1895, ch. 102, §§ 1, 3, and act
March 3, 1897, ch. 389, §§ 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. § 4233, as amended and supplemented, formerly set forth in
section 301 et seq. of this title. See also Codification notes to
section 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”.
Statutory Notes and Related Subsidiaries
International Convention for Safety of Life at Sea, 1948The 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, 1960The 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, 1972The 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. For the current version of the Amalgamated International & U.S. Inland Navigation Rules, see the website of the United States Coast Guard Navigation Center.
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), 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.