Title 46, ShippingRelease 119-110

§70021 Conditions for Entry to Ports in the United States

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

Last updated Sep 22, 2026|Official source

Summary

Vessels covered by chapter 37 cannot sail in U.S. waters or load/unload in U.S. ports if the Secretary finds they are unsafe or a threat to the marine environment for reasons like a record of accidents, pollution, or major repair problems; failing to follow required rules, laws, or treaties; illegal or improper oil or hazardous spills; breaking vessel traffic rules; having officers licensed by a country the Secretary says has weaker licensing standards than the U.S.; not having enough crew as the Secretary requires for safe navigation; or, while underway, not having at least one licensed deck officer on the bridge who clearly understands English. The Secretary may allow temporary entry if the owner convinces the Secretary the ship is not unsafe or a danger and entry is needed for safety. If allowed in this way, paragraphs (1), (2), (3), and (4) above do not apply when the owner proves the vessel is no longer unsafe, a threat, or in violation of law, treaty, regulation, or condition.

Full Legal Text

Title 46, §70021

Shipping, Source: USLM XML via OLRC

(a)In General.—

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)Exceptions.—

(1)In general.—

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)Provisions not applicable.—

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

Sep 22, 2026

Release point: 119-110