PUBLIC LAW 107-295—NOV. 25, 2002 116 STAT. 2083 "(B) A vessel carrying more than a number of passengers for hire determined by the Secretary. "(C) A towing vessel of more than 26 feet overall in length and 600 horsepower. "(D) Any other vessel for which the Secretary decides that an automatic identification system is necessary for the safe navigation of the vessel. "(2) The Secretary may— "(A) exempt a vessel from paragraph (1) if the Secretary finds that an automatic identification system is not necessary for the safe navigation of the vessel on the waters on which the vessel operates; and "(B) waive the application of paragraph (1) with respect to operation of vessels on navigable waters of the United States specified by the Secretary if the Secretary finds that automatic identification systems are not needed for safe navigation on those waters. "(b) REGULATIONS. —The Secretary shall prescribe regulations implementing subsection (a), including requirements for the operation and maintenance of the automatic identification systems required under subsection (a). "§ 70115. Long-range vessel tracking system "The Secretary may develop and implement a long-range automated vessel tracking system for all vessels in United States waters that are equipped with the Global Maritime Distress and Safety System or equivalent satellite technology. The system shall be designed to provide the Secretary the capability of receiving information on vessel positions at interval positions appropriate to deter transportation security incidents. The Secretary may use existing maritime organizations to collect and monitor tracking information under the system. "§70116. Secure systems of transportation "(a) IN GENERAL. —The Secretary, in consultation with the Transportation Security Oversight Board, shall establish a program to evaluate and certify secure systems of international intermodal transportation. "(b) ELEMENTS OF PROGRAM.— The program shall include— "(1) establishing standards and procedures for screening and evaluating cargo prior to loading in a foreign port for shipment to the United States either directly or via a foreign port; "(2) establishing standards and procedures for securing cargo and monitoring that security while in transit; "(3) developing performance standards to enhance the physical security of shipping containers, including standards for seals and locks; "(4) establishing standards and procedures for allowing the United States Government to ensure and validate compliance with this program; and "(5) any other measures the Secretary considers necessary to ensure the security and integrity of international intermodal transport movements.
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