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46 U.S.C. § 70002 — Special powers

submitted 8 years ago by Pub. L. 115-282 to r/title-46-SHIPPING · 123 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary can order a vessel in U.S. waters to move or anchor in a certain way. This applies if the vessel breaks a rule or fails port-entry conditions. It also applies when weather or other dangers make this necessary for safety.

The Secretary may order any vessel in a U.S. port, place, or navigable water to operate or anchor in a specific way. The Secretary can give this order in three situations. First, the Secretary has good reason to believe the vessel is breaking a rule issued under section 70034, or any other law or treaty that applies to it. Second, the Secretary decides the vessel does not meet the port-entry conditions set out in section 70021 or 70022. Third, weather, poor visibility, sea conditions, port congestion, other dangerous circumstances, or the vessel's own condition satisfy the Secretary that the order is needed for safety.
the actual law source: uscode.house.gov ↗public domain

The Secretary may order any vessel, in a port or place subject to the jurisdiction of the United States or in the navigable waters of the United States, to operate or anchor in a manner the Secretary directs if—

(1)

the Secretary has reasonable cause to believe such vessel does not comply with any regulation issued under section 70034 or any other applicable law or treaty;

(2)

the Secretary determines such vessel does not satisfy the conditions for port entry set forth in section 70021 or 70022 of this title; or

(3)

by reason of weather, visibility, sea conditions, port congestion, other hazardous circumstances, or the condition of such vessel, the Secretary is satisfied such direction is justified in the interest of safety.

Source credit: (Added Pub. L. 115–282, title IV, § 401(a), Dec. 4, 2018, 132 Stat. 4255; amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8508(2)(A), Jan. 1, 2021, 134 Stat. 4755.)

history & why it existsrecord from the source credit
  • 2018Enacted · Pub. L. 115-282 · 132 Stat. 4255
  • 2021Amended · Pub. L. 116-283 · 134 Stat. 4755

A history note hasn’t been published yet. The record shows enactment by Pub. L. 115-282 on 2018-12-04.

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