Title 46 — ShippingRelease 119-73

§70021 Conditions for entry to ports in the United States

Title 46 › Subtitle Subtitle VII— - Security and Drug Enforcement › Chapter CHAPTER 700— - PORTS AND WATERWAYS SAFETY › Subchapter SUBCHAPTER III— - CONDITION FOR ENTRY INTO PORTS IN THE UNITED STATES › § 70021

Last updated Apr 6, 2026|Official source

Summary

Vessels covered by chapter 37 must not sail in U.S. waters or load or unload cargo at U.S. ports if they meet certain unsafe or illegal conditions. These include a history of accidents, pollution, or bad repairs that make the ship unsafe or risky to the environment; breaking required rules, laws, or treaties; dumping oil or hazardous stuff illegally; ignoring vessel traffic rules; having officers licensed by a country the Secretary finds has weaker standards than U.S. or accepted international rules; not having required crew levels; or not having at least one licensed deck officer on the bridge who clearly understands English. The Secretary may allow temporary entry for a ship that fails those rules if the owner convinces the Secretary the ship is safe and entry is needed to protect the ship or people aboard. If that happens, the first four reasons above won’t apply while the owner proves the ship is no longer unsafe and is obeying the law, treaties, and applicable rules.

Full Legal Text

Title 46, §70021

Shipping — Source: USLM XML via OLRC

(a)No vessel that is subject to chapter 37 shall operate in the navigable waters of the United States or transfer cargo or residue in any port or place under the jurisdiction of the United States, if such vessel—

(1)has a history of accidents, pollution incidents, or serious repair problems that, as determined by the Secretary, creates reason to believe that such vessel may be unsafe or may create a threat to the marine environment;

(2)fails to comply with any applicable regulation issued under section 70034, chapter 37, or any other applicable law or treaty;

(3)discharges oil or hazardous material in violation of any law of the United States or in a manner or quantities inconsistent with any treaty to which the United States is a party;

(4)does not comply with any applicable vessel traffic service requirements;

(5)is manned by one or more officers who are licensed by a certificating State that the Secretary has determined, pursuant to section 9101 of title 46, does not have standards for licensing and certification of seafarers that are comparable to or more stringent than United States standards or international standards that are accepted by the United States;

(6)is not manned in compliance with manning levels as determined by the Secretary to be necessary to insure the safe navigation of the vessel; or

(7)while underway, does not have at least one licensed deck officer on the navigation bridge who is capable of clearly understanding English.

(b)(1)The Secretary may allow provisional entry of a vessel that is not in compliance with subsection (a), if the owner or operator of such vessel proves, to the satisfaction of the Secretary, that such vessel is not unsafe or a threat to the marine environment, and if such entry is necessary for the safety of the vessel or persons aboard.

(2)Paragraphs (1), (2), (3), and (4) of subsection (a) of this section shall not apply to a vessel allowed provisional entry under paragraph (1) if the owner or operator of such vessel proves, to the satisfaction of the Secretary, that such vessel is no longer unsafe or a threat to the marine environment, and is no longer in violation of any applicable law, treaty, regulation, or condition, as appropriate.

Reference

Citations & Metadata

Citation

46 U.S.C. § 70021

Title 46 — Shipping

Last Updated

Apr 6, 2026

Release point: 119-73