((a)) ** .—**

((1)) Subject to paragraph (2), the following vessels, while operating on the navigable waters of the United States, shall be equipped with and operate an automatic identification system under regulations prescribed by the Secretary:

((A)) A self-propelled commercial vessel of at least 65 feet overall in length.

((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)) ** .—** The Secretary shall prescribe regulations implementing subsection (a), including requirements for the operation and maintenance of the automatic identification systems required under subsection (a).