Title 46 › Subtitle VII — Security and Drug Enforcement › CHAPTER 700 — PORTS AND WATERWAYS SAFETY › SUBCHAPTER I — VESSEL OPERATIONS › § 70001
The Secretary may create, run, and improve vessel traffic services in U.S. waters or areas covered by international agreements. The Secretary can require vessels in those areas to follow the service and to carry navigation or communications equipment, but cannot force fishing vessels under 300 gross tons or recreational vessels 65 feet or less to have that gear just under this law. The Secretary can manage traffic when places are hazardous or crowded by setting entry times, routing, size/speed/draft limits, or by allowing only vessels with needed capabilities. The Secretary may require prearrival messages to help plan port entry and may ban devices that interfere with navigation or communications, except for FCC-certified maritime devices using 157.1875–157.4375 MHz and 161.7875–162.0375 MHz. The Secretary may make cooperative agreements, including with international partners, but cannot delegate inherently governmental duties. The Commandant of the Coast Guard must remove identifying details before releasing incident data to the public. The Secretary must create a national policy for all vessel traffic service centers within 1 year and update it regularly. That policy must set standard job titles, organization, rules for directing traffic, monitoring thresholds, national procedures, training, certification, standard language, and data handling. Local Captains of the Port can write regional variances for local conditions, which the Secretary must review within 180 days and post in a central depository if approved. The Secretary must use a standard way to evaluate VTS performance, collect data (traffic volumes, hazardous cargo amounts, near-misses, casualties, and other factors), report to Congress within 1 year and then biennially with recommendations, and run continuous risk assessments that include location, weather, and seasonal factors and share results with the public (with identifying details removed). A national training and qualification program is required, including realistic scenarios, equipment and communication practice, minimum hours, local familiarization, and a U.S. international and inland navigation rules test at least every 5 years. The Secretary must research better ways to monitor vessel communications and whether professional mariners should be on watchfloors. An advisory committee will study fitting non-powered vessels that carry hazardous liquids with automatic identification systems and recommend rules. The law limits liability for Coast Guard VTS pilots and approved non-Federal operators unless their acts are grossly negligent or willful. Definitions included: hazardous liquid cargo (regulations), marine casualty (regulations), vessel traffic service area (regulated area), vessel traffic service center (the center), near miss incident (event with serious threat), and de-identified (identity removed).
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Legislative History
Reference
Citation
46 U.S.C. § 70001
Title 46, Shipping
Last Updated
Sep 22, 2026
Release point: 119-110