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33 USC CHAPTER 25 - PORTS AND WATERWAYS SAFETY PROGRAM

-CITE-
33 USC CHAPTER 25 - PORTS AND WATERWAYS SAFETY PROGRAM 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 25 - PORTS AND WATERWAYS SAFETY PROGRAM

-HEAD-
CHAPTER 25 - PORTS AND WATERWAYS SAFETY PROGRAM

-MISC1-
Sec.
1221. Statement of policy.
1222. Definitions.
1223. Vessel operating requirements.
(a) In general.
(b) Special powers.
(c) Port access routes.
(d) Exception.
1224. Considerations by Secretary.
1225. Waterfront safety.
(a) In general.
(b) State law.
1226. Port, harbor, and coastal facility security.
(a) General authority.
(b) Specific authority.
(c) Nondisclosure of port security plans.
1227. Investigatory powers.
(a) Secretary.
(b) Powers.
1228. Conditions for entry to ports in the United States.
(a) In general.
(b) Exceptions.
1229. Applicability.
1230. International agreements.
(a) Transmittal of regulations.
(b) Agreements.
(c) Operations.
(d) Ship reporting systems.
1231. Regulations.
(a) In general.
(b) Procedures.
1231a. Towing Safety Advisory Committee.
(a) Establishment; membership.
(b) Appointments; Chairman, Vice Chairman, and
observers; publication in Federal Register.
(c) Functions; meetings; public proceedings and
records; disclosures to Congress.
(d) Compensation and travel expenses;
administrative services; personnel;
authorization of appropriations.
(e) Termination.
1232. Enforcement provisions.
(a) Civil penalty.
(b) Criminal penalty.
(c) In rem liability.
(d) Injunction.
(e) Denial of entry.
(f) Withholding of clearance.
1232a. Navigational hazards.
(a) Reporting procedure.
(b) Secretary's response.
(c) Establishment of standards.
(d) "Pipelines" defined.
1233. Regulations as to regattas or marine parades.
1234. Enforcement of regulations; use of public or private
vessels.
1235. Transfer of authority to regulate to head of other
department.
1236. Penalties for violations of regulations.

-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in title 49 section 5117.

-End-



-CITE-
33 USC Sec. 1221 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 25 - PORTS AND WATERWAYS SAFETY PROGRAM

-HEAD-
Sec. 1221. Statement of policy

-STATUTE-
The Congress finds and declares -
(a) that navigation and vessel safety, protection of the marine
environment, and safety and security of United States ports and
waterways are matters of major national importance;
(b) that increased vessel traffic in the Nation's ports and
waterways creates substantial hazard to life, property, and the
marine environment;
(c) that increased supervision of vessel and port operations is
necessary in order to -
(1) reduce the possibility of vessel or cargo loss, or damage
to life, property, or the marine environment;
(2) prevent damage to structures in, on, or immediately
adjacent to the navigable waters of the United States or the
resources within such waters;
(3) insure that vessels operating in the navigable waters of
the United States shall comply with all applicable standards
and requirements for vessel construction, equipment, manning,
and operational procedures; and
(4) insure that the handling of dangerous articles and
substances on the structures in, on, or immediately adjacent to
the navigable waters of the United States is conducted in
accordance with established standards and requirements; and

(d) that advance planning is critical in determining proper and
adequate protective measures for the Nation's ports and waterways
and the marine environment, with continuing consultation with
other Federal agencies, State representatives, affected users,
and the general public, in the development and implementation of
such measures.

-SOURCE-
(Pub. L. 92-340, Sec. 2, formerly title I, Sec. 101, July 10, 1972,
86 Stat. 424; renumbered and amended Pub. L. 95-474, Sec. 2, Oct.
17, 1978, 92 Stat. 1471; Pub. L. 107-295, title IV, Sec. 443(1),
Nov. 25, 2002, 116 Stat. 2132.)


-MISC1-
AMENDMENTS
2002 - Subsec. (a). Pub. L. 107-295 substituted "safety,
protection of the marine environment, and safety and security of
United States ports and waterways" for "safety and protection of
the marine environment".
1978 - Pub. L. 95-474 substituted provision relating to
Congressional declaration of findings for provision relating to the
authority of the Secretary of the department in which the Coast
Guard is operating to prevent damage to vessels, bridges, and other
structures and to protect navigable waters from environmental harm.

SHORT TITLE OF 1978 AMENDMENT
Section 1 of Pub. L. 95-474 provided: "That this Act [enacting
sections 1225, 1228 to 1231, and 1232 of this title, amending this
section, sections 1222 to 1224, 1226, and 1227 of this title, and
sections 214 and 391a of Title 46, Shipping, and enacting
provisions set out as notes under this section and section 1224 of
this title and section 391a of former Title 46] may be cited as the
'Port and Tanker Safety Act of 1978'."

SHORT TITLE
Section 1 of Pub. L. 92-340, as amended by Pub. L. 95-474, Sec.
2, Oct. 17, 1978, 92 Stat. 1471, provided that: "This Act [this
chapter] may be cited as the 'Ports and Waterways Safety Act'."

SAVINGS PROVISION
Section 6(a) of Pub. L. 95-474 provided that: "Regulations
previously issued under statutory provisions which are amended by
section 2 of this Act [amending this section and sections 1222 to
1227, of this title] shall continue in effect as though issued
under the authority of the Ports and Waterways Safety Act of 1972,
as amended by this Act [this chapter], until expressly abrogated,
modified, or amended by the Secretary. Any proceeding under title I
of Public Law 92-340 [which enacted this section and sections 1222
to 1227 of this title] for a violation which occurred before the
effective date of this Act [Oct. 17, 1978] may be initiated or
continued to conclusion as though such public law had not been
amended by this Act [amendment by section 2 of Pub. L. 95-474]."

SEPARABILITY
Section 6(c) of Pub. L. 95-474 provided that: "If a provision of
this Act [see Short Title of 1978 Amendment note above] or the
application of such provision to any person or circumstances shall
be held invalid, the remainder of the Act and the application of
such provision to persons or circumstances other than those to
which it is held invalid shall not be affected thereby."

ESTABLISHMENT OF VESSEL TRAFFIC CONTROL SYSTEM FOR PRINCE WILLIAM
SOUND AND VALDEZ, ALASKA
Pub. L. 93-153, title IV, Sec. 402, Nov. 16, 1973, 87 Stat. 589,
provided that: "The Secretary of the Department in which the Coast
Guard is operating is hereby directed to establish a vessel traffic
control system for Prince William Sound and Valdez, Alaska,
pursuant to authority contained in title I of the Ports and
Waterways Safety Act of 1972 (86 Stat. 424, Public Law 92-340)
[this chapter, prior to the amendment by Pub. L. 95-474, Oct. 17,
1978, 92 Stat. 1471]."

-End-



-CITE-
33 USC Sec. 1222 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 25 - PORTS AND WATERWAYS SAFETY PROGRAM

-HEAD-
Sec. 1222. Definitions

-STATUTE-
As used in this chapter, unless the context otherwise requires -
(1) "Marine environment" means the navigable waters of the
United States and the land and resources therein and thereunder;
the waters and fishery resources of any area over which the
United States asserts exclusive fishery management authority; the
seabed and subsoil of the Outer Continental Shelf of the United
States, the resources thereof and the waters superjacent thereto;
and the recreational, economic, and scenic values of such waters
and resources.
(2) "Secretary" means the Secretary of the department in which
the Coast Guard is operating.
(3) "State" includes each of the several States of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Canal Zone, Guam, American Samoa, the United States
Virgin Islands, the Trust Territories of the Pacific Islands, the
Commonwealth of the Northern Marianas, and any other
commonwealth, territory, or possession of the United States.
(4) "United States", when used in geographical context, means
all the States thereof.
(5) "Navigable waters of the United States" includes all waters
of the territorial sea of the United States as described in
Presidential Proclamation No. 5928 of December 27, 1988.

-SOURCE-
(Pub. L. 92-340, Sec. 3, formerly title I, Sec. 102, July 10, 1972,
86 Stat. 425; renumbered and amended Pub. L. 95-474, Sec. 2, Oct.
17, 1978, 92 Stat. 1471; Pub. L. 105-383, title III, Sec. 301(a),
Nov. 13, 1998, 112 Stat. 3417.)

-REFTEXT-
REFERENCES IN TEXT
For definition of Canal Zone, referred to in par. (3), see
section 3602(b) of Title 22, Foreign Relations and Intercourse.
Presidential Proclamation No. 5928, referred to in par. (5), is
set out under section 1331 of Title 43, Public Lands.


-MISC1-
AMENDMENTS
1998 - Par. (5). Pub. L. 105-383, which directed the amendment of
section 102 of the Ports and Waterways Safety Act by adding par.
(5), was executed to this section, which is section 3 of that act,
to reflect the probable intent of Congress and the renumbering of
section 102 as section 3 by Pub. L. 95-474.
1978 - Pub. L. 95-474 substituted provision relating to
definitions for provision defining "United States", permitting
higher State or local safety standards, and providing for
consultation with appropriate agencies, the inapplicability of this
chapter to the Panama Canal, delegation of powers with respect to
the Saint Lawrence Seaway, and factors to be considered in issuance
of regulations.


-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS
For termination of Trust Territory of the Pacific Islands, see
note set out preceding section 1681 of Title 48, Territories and
Insular Possessions.

-End-



-CITE-
33 USC Sec. 1223 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 25 - PORTS AND WATERWAYS SAFETY PROGRAM

-HEAD-
Sec. 1223. Vessel operating requirements

-STATUTE-
(a) In general
Subject to the requirements of section 1224 of this title, the
Secretary -
(1) in any port or place under the jurisdiction of the United
States, in the navigable waters of the United States, or in any
area covered by an international agreement negotiated pursuant to
section 1230 of this title, may construct, operate, maintain,
improve, or expand vessel traffic services, consisting of
measures for controlling or supervising vessel traffic or for
protecting navigation and the marine environment and may include,
but need not be limited to one or more of the following:
reporting and operating requirements, surveillance and
communications systems, routing systems, and fairways;
(2) shall require appropriate vessels which operate in an area
of a vessel traffic service to utilize or comply with that
service;
(3) may require vessels to install and use specified navigation
equipment, communications equipment, electronic relative motion
analyzer equipment, or any electronic or other device necessary
to comply with a vessel traffic service or which is necessary in
the interests of vessel safety: Provided, That the Secretary
shall not require fishing vessels under 300 gross tons as
measured under section 14502 of title 46, or an alternate tonnage
measured under section 14302 of that title as prescribed by the
Secretary under section 14104 of that title or recreational
vessels 65 feet or less to possess or use the equipment or
devices required by this subsection solely under the authority of
this chapter;
(4) may control vessel traffic in areas subject to the
jurisdiction of the United States which the Secretary determines
to be hazardous, or under conditions of reduced visibility,
adverse weather, vessel congestion, or other hazardous
circumstances by -
(A) specifying times of entry, movement, or departure;
(B) establishing vessel traffic routing schemes;
(C) establishing vessel size, speed, draft limitations and
vessel operating conditions; and
(D) restricting operation, in any hazardous area or under
hazardous conditions, to vessels which have particular
operating characteristics or capabilities which he considers
necessary for safe operation under the circumstances; and

(5) may require the receipt of prearrival messages from any
vessel, destined for a port or place subject to the jurisdiction
of the United States, in sufficient time to permit advance vessel
traffic planning prior to port entry, which shall include any
information which is not already a matter of record and which the
Secretary determines necessary for the control of the vessel and
the safety of the port or the marine environment.
(b) Special powers
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 he directs if -

(1) he has reasonable cause to believe such vessel does not
comply with any regulation issued under this chapter or any other
applicable law or treaty;
(2) he determines that such vessel does not satisfy the
conditions for port entry set forth in section 1228 of this
title; or
(3) by reason of weather, visibility, sea conditions, port
congestion, other hazardous circumstances, or the condition of
such vessel, he is satisfied that such directive is justified in
the interest of safety.
(c) Port access routes
(1) In order to provide safe access routes for the movement of
vessel traffic proceeding to or from ports or places subject to the
jurisdiction of the United States, and subject to the requirements
of paragraph (3) hereof, the Secretary shall designate necessary
fairways and traffic separation schemes for vessels operating in
the territorial sea of the United States and in high seas
approaches, outside the territorial sea, to such ports or places.
Such a designation shall recognize, within the designated area, the
paramount right of navigation over all other uses.
(2) No designation may be made by the Secretary pursuant to this
subsection, if such a designation, as implemented, would deprive
any person of the effective exercise of a right granted by a lease
or permit executed or issued under other applicable provisions of
law: Provided, That such right has become vested prior to the time
of publication of the notice required by clause (A) of paragraph
(3) hereof: Provided further, That the determination as to whether
the designation would so deprive any such person shall be made by
the Secretary, after consultation with the responsible official
under whose authority the lease was executed or the permit issued.
(3) Prior to making a designation pursuant to paragraph (1)
hereof, and in accordance with the requirements of section 1224 of
this title, the Secretary shall -
(A) within six months after date of enactment of this Act (and
may, from time to time thereafter), undertake a study of the
potential traffic density and the need for safe access routes for
vessels in any area for which fairways or traffic separation
schemes are proposed or which may otherwise be considered and
shall publish notice of such undertaking in the Federal Register;
(B) in consultation with the Secretary of State, the Secretary
of the Interior, the Secretary of Commerce, the Secretary of the
Army, and the Governors of affected States, as their
responsibilities may require, take into account all other uses of
the area under consideration (including, as appropriate, the
exploration for, or exploitation of, oil, gas, or other mineral
resources, the construction or operation of deepwater ports or
other structures on or above the seabed or subsoil of the
submerged lands or the Outer Continental Shelf of the United
States, the establishment or operation of marine or estuarine
sanctuaries, and activities involving recreational or commercial
fishing); and
(C) to the extent practicable, reconcile the need for safe
access routes with the needs of all other reasonable uses of the
area involved.

(4) In carrying out his responsibilities under paragraph (3), the
Secretary shall proceed expeditiously to complete any study
undertaken. Thereafter, he shall promptly issue a notice of
proposed rule-making for the designation contemplated or shall have
published in the Federal Register a notice that no designation is
contemplated as a result of the study and the reason for such
determination.
(5) In connection with a designation made pursuant to this
subsection, the Secretary -
(A) shall issue reasonable rules and regulations governing the
use of such designated areas, including the applicability of
rules 9 and 10 of the International Regulations for Preventing
Collisions at Sea, 1972, relating to narrow channels and traffic
separation schemes, respectively, in waters where such
regulations apply;
(B) to the extent that he finds reasonable and necessary to
effectuate the purposes of the designation, make the use of
designated fairways and traffic separation schemes mandatory for
specific types and sizes of vessels, foreign and domestic,
operating in the territorial sea of the United States and for
specific types and sizes of vessels of the United States
operating on the high seas beyond the territorial sea of the
United States;
(C) may, from time to time, as necessary, adjust the location
or limits of designated fairways or traffic separation schemes,
in order to accommodate the needs of other uses which cannot be
reasonably accommodated otherwise: Provided, That such an
adjustment will not, in the judgement of the Secretary,
unacceptably adversely affect the purpose for which the existing
designation was made and the need for which continues; and
(D) shall, through appropriate channels, (i) notify cognizant
international organizations of any designation, or adjustment
thereof, and (ii) take action to seek the cooperation of foreign
States in making it mandatory for vessels under their control to
use any fairway or traffic separation scheme designated pursuant
to this subsection in any area of the high seas, to the same
extent as required by the Secretary for vessels of the United
States.
(d) Exception
Except pursuant to international treaty, convention, or
agreement, to which the United States is a party, this chapter
shall not apply to any foreign vessel that is not destined for, or
departing from, a port or place subject to the jurisdiction of the
United States and that is in -
(1) innocent passage through the territorial sea of the United
States, or
(2) transit through the navigable waters of the United States
which form a part of an international strait.

-SOURCE-
(Pub. L. 92-340, Sec. 4, formerly title I, Sec. 103, July 10, 1972,
86 Stat. 426; renumbered and amended Pub. L. 95-474, Sec. 2, Oct.
17, 1978, 92 Stat. 1472; Pub. L. 101-380, title IV, Sec. 4107(a),
Aug. 18, 1990, 104 Stat. 514; Pub. L. 104-324, title VII, Sec. 705,
Oct. 19, 1996, 110 Stat. 3934.)

-REFTEXT-
REFERENCES IN TEXT
The date of enactment of this Act, referred to in subsec.
(c)(3)(A), probably means the date of enactment of Pub. L. 95-474,
which was approved Oct. 17, 1978.
For the International Regulations for Preventing Collisions at
Sea, 1972, referred to in subsec. (c)(5)(A), see International
Regulations for Preventing Collisions at Sea, 1972, set out as a
note under section 1602 of this title.


-MISC1-
AMENDMENTS
1996 - Subsec. (a)(3). Pub. L. 104-324 inserted "as measured
under section 14502 of title 46, or an alternate tonnage measured
under section 14302 of that title as prescribed by the Secretary
under section 14104 of that title" after "300 gross tons".
1990 - Subsec. (a). Pub. L. 101-380, Sec. 4107(a)(1), substituted
"Secretary - " for "Secretary may - ".
Subsec. (a)(1). Pub. L. 101-380, Sec. 4107(a)(2), substituted
"may construct, operate, maintain, improve, or expand" for
"establish, operate, and maintain".
Subsec. (a)(2). Pub. L. 101-380, Sec. 4107(a)(3), substituted
"shall require appropriate" for "require".
Subsec. (a)(3). Pub. L. 101-380, Sec. 4107(a)(4), inserted "may"
before "require", which was executed by making the insertion before
"require" the first place it appeared to reflect the probable
intent of Congress.
Subsec. (a)(4). Pub. L. 101-380, Sec. 4107(a)(5), inserted "may"
before "control".
Subsec. (a)(5). Pub. L. 101-380, Sec. 4107(a)(6), inserted "may"
before "require".
1978 - Pub. L. 95-474 substituted provision relating to vessel
operating requirements for provision relating to the investigatory
powers of the Secretary, production of witnesses and documents, and
fees and allowances for witnesses.

EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101-380 applicable to incidents occurring
after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
as an Effective Date note under section 2701 of this title.

DIRECTION OF VESSEL MOVEMENT STUDY; SUBMITTAL OF REPORT TO CONGRESS
Section 4107(b) of Pub. L. 101-380 provided that:
"(1) Study. - The Secretary shall conduct a study -
"(A) of whether the Secretary should be given additional
authority to direct the movement of vessels on navigable waters
and should exercise such authority; and
"(B) to determine and prioritize the United States ports and
channels that are in need of new, expanded, or improved vessel
traffic service systems, by evaluating -
"(i) the nature, volume, and frequency of vessel traffic;
"(ii) the risks of collisions, spills, and damages associated
with that traffic;
"(iii) the impact of installation, expansion, or improvement
of a vessel traffic service system; and
"(iv) all other relevant costs and data.
"(2) Report. - Not later than 1 year after the date of the
enactment of this Act [Aug. 18, 1990], the Secretary shall submit
to the Congress a report on the results of the study conducted
under paragraph (1) and recommendations for implementing the
results of that study."


-EXEC-
TERRITORIAL SEA OF UNITED STATES
For extension of territorial sea of United States, see Proc. No.
5928, set out as a note under section 1331 of Title 43, Public
Lands.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1224, 1229 of this title;
title 46 section 14305.

-End-



-CITE-
33 USC Sec. 1224 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 25 - PORTS AND WATERWAYS SAFETY PROGRAM

-HEAD-
Sec. 1224. Considerations by Secretary

-STATUTE-
In carrying out his duties and responsibilities under section
1223 of this title, the Secretary shall -
(a) take into account all relevant factors concerning
navigation and vessel safety, protection of the marine
environment, and the safety and security of United States ports
and waterways, including but not limited to -
(1) the scope and degree of the risk or hazard involved;
(2) vessel traffic characteristics and trends, including
traffic volume, the sizes and types of vessels involved,
potential interference with the flow of commercial traffic, the
presence of any unusual cargoes, and other similar factors;
(3) port and waterway configurations and variations in local
conditions of geography, climate, and other similar factors;
(4) the need for granting exemptions for the installation and
use of equipment or devices for use with vessel traffic
services for certain classes of small vessels, such as
self-propelled fishing vessels and recreational vessels;
(5) the proximity of fishing grounds, oil and gas drilling
and production operations, or any other potential or actual
conflicting activity;
(6) environmental factors;
(7) economic impact and effects;
(8) existing vessel traffic services; and
(9) local practices and customs, including voluntary
arrangements and agreements within the maritime community; and

(b) at the earliest possible time, consult with and receive and
consider the views of representatives of the maritime community,
ports and harbor authorities or associations, environmental
groups, and other parties who may be affected by the proposed
actions.

-SOURCE-
(Pub. L. 92-340, Sec. 5, formerly title I, Sec. 104, July 10, 1972,
86 Stat. 427; renumbered and amended Pub. L. 95-474, Sec. 2, Oct.
17, 1978, 92 Stat. 1474; Pub. L. 107-295, title IV, Sec. 443(2),
Nov. 25, 2002, 116 Stat. 2132.)


-MISC1-
AMENDMENTS
2002 - Subsec. (a). Pub. L. 107-295 substituted "safety,
protection of the marine environment, and the safety and security
of United States ports and waterways," for "safety and protection
of the marine environment," in introductory provisions.
1978 - Pub. L. 95-474 substituted provision relating to factors
to be considered by the Secretary and to consultation by the
Secretary with affected groups for provision relating to the
issuance of rules and regulations by the Secretary.

STUDY OF DESIRABILITY AND FEASIBILITY OF SHORE-STATION SYSTEMS FOR
MONITORING VESSELS
Section 3 of Pub. L. 95-474 authorized the Secretary, in
consultation with the Secretary of Commerce and other appropriate
departments or agencies of the Federal Government to study the
desirability and feasibility of shore-station systems for
monitoring vessels within the Fishery Conservation Zone as defined
in former section 1802(8) of Title 16, Conservation, required the
Secretary to report his findings to Congress, within two years
after Oct. 17, 1978, and authorized appropriations for such study
for fiscal years 1979 and 1980.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1223, 1229 of this title.

-End-



-CITE-
33 USC Sec. 1225 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 25 - PORTS AND WATERWAYS SAFETY PROGRAM

-HEAD-
Sec. 1225. Waterfront safety

-STATUTE-
(a) In general
The Secretary may take such action as is necessary to -
(1) prevent damage to, or the destruction of, any bridge or
other structure on or in the navigable waters of the United
States, or any land structure or shore area immediately adjacent
to such waters; and
(2) protect the navigable waters and the resources therein from
harm resulting from vessel or structure damage, destruction, or
loss. Such action may include, but need not be limited to -
(A) establishing procedures, measures, and standards for the
handling, loading, unloading, storage, stowage, and movement on
the structure (including the emergency removal, control, and
disposition) of explosives or other dangerous articles and
substances, including oil or hazardous material as those terms
are defined in section 2101 of title 46;
(B) prescribing minimum safety equipment requirements for the
structure to assure adequate protection from fire, explosion,
natural disaster, and other serious accidents or casualties;
(C) establishing water or waterfront safety zones, or other
measures for limited, controlled, or conditional access and
activity when necessary for the protection of any vessel,
structure, waters, or shore area; and
(D) establishing procedures for examination to assure
compliance with the requirements prescribed under this section.
(b) State law
Nothing contained in this section, with respect to structures,
prohibits a State or political subdivision thereof from prescribing
higher safety equipment requirements or safety standards than those
which may be prescribed by regulations hereunder.

-SOURCE-
(Pub. L. 92-340, Sec. 6, formerly title I, Sec. 105, July 10, 1972,
86 Stat. 427; renumbered and amended Pub. L. 95-474, Sec. 2, Oct.
17, 1978, 92 Stat. 1475.)

-COD-
CODIFICATION
In subsec. (a)(2)(A), "section 2101 of title 46" substituted for
"section 4417a of the Revised Statutes [46 U.S.C. 391a]" on
authority of Pub. L. 98-89, Sec. 2(b), Aug. 26, 1983, 97 Stat. 598,
section 1 of which enacted Title 46, Shipping.


-MISC1-
AMENDMENTS
1978 - Pub. L. 95-474 substituted provisions relating to
waterfront safety for provision requiring the Secretary to report
to Congress within one year his recommendations for legislation to
achieve coordination between functions authorized under Pub. L.
92-340 and the functions of any other agencies and to eliminate
duplication of these functions.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1229, 1911 of this title;
title 42 section 7511b.

-End-



-CITE-
33 USC Sec. 1226 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 25 - PORTS AND WATERWAYS SAFETY PROGRAM

-HEAD-
Sec. 1226. Port, harbor, and coastal facility security

-STATUTE-
(a) General authority
The Secretary may take actions described in subsection (b) of
this section to prevent or respond to an act of terrorism against -

(1) an individual, vessel, or public or commercial structure,
that is -
(A) subject to the jurisdiction of the United States; and
(B) located within or adjacent to the marine environment; or

(2) a vessel of the United States or an individual on board
that vessel.
(b) Specific authority
Under subsection (a) of this section, the Secretary may -
(1) carry out or require measures, including inspections, port
and harbor patrols, the establishment of security and safety
zones, and the development of contingency plans and procedures,
to prevent or respond to acts of terrorism;
(2) recruit members of the Regular Coast Guard and the Coast
Guard Reserve and train members of the Regular Coast Guard and
the Coast Guard Reserve in the techniques of preventing and
responding to acts of terrorism; and
(3) dispatch properly trained and qualified armed Coast Guard
personnel on vessels and public or commercial structures on or
adjacent to waters subject to United States jurisdiction to deter
or respond to acts of terrorism or transportation security
incidents, as defined in section 70101 of title 46.
(c) Nondisclosure of port security plans
Notwithstanding any other provision of law, information related
to security plans, procedures, or programs for passenger vessels or
passenger terminals authorized under this chapter is not required
to be disclosed to the public.

-SOURCE-
(Pub. L. 92-340, Sec. 7, as added Pub. L. 99-399, title IX, Sec.
906, Aug. 27, 1986, 100 Stat. 890; amended Pub. L. 104-324, title
III, Sec. 302, Oct. 19, 1996, 110 Stat. 3917; Pub. L. 107-295,
title I, Sec. 107(a), Nov. 25, 2002, 116 Stat. 2088.)


-MISC1-
PRIOR PROVISIONS
A prior section 1226, Pub. L. 92-340, Sec. 7, formerly title I,
Sec. 106, July 10, 1972, 86 Stat. 427; renumbered Sec. 7 and
amended Pub. L. 95-474, Sec. 2, Oct. 17, 1978, 92 Stat. 1475,
related to requirement respecting federally licensed pilots on any
foreign or domestic self-propelled vessel engaged in the foreign
trade when operating in the navigable waters of the United States
in areas, etc., where a pilot is not otherwise required by State
law, prior to repeal by Pub. L. 98-557, Sec. 29(g), Oct. 30, 1984,
98 Stat. 2875.

AMENDMENTS
2002 - Subsec. (b)(3). Pub. L. 107-295 added par. (3).
1996 - Subsec. (c). Pub. L. 104-324 added subsec. (c).


-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.


-MISC2-
REPORT ON USE OF NON-COAST GUARD PERSONNEL
Pub. L. 107-295, title I, Sec. 107(b), Nov. 25, 2002, 116 Stat.
2088, provided that: "The Secretary of the department in which the
Coast Guard is operating shall evaluate and report to the Congress
on -
"(1) the potential use of Federal, State, or local government
personnel, and documented United States Merchant Marine
personnel, to supplement Coast Guard personnel under section
7(b)(3) of the Ports and Waterways Safety Act (33 U.S.C.
1226(b)(3));
"(2) the possibility of using personnel other than Coast Guard
personnel to carry out Coast Guard personnel functions under that
section and whether additional legal authority would be necessary
to use such personnel for such functions; and
"(3) the possibility of utilizing the United States Merchant
Marine Academy, State maritime academies, or Coast Guard approved
maritime industry schools in the United States, to provide
training under that section."

-End-



-CITE-
33 USC Sec. 1227 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 25 - PORTS AND WATERWAYS SAFETY PROGRAM

-HEAD-
Sec. 1227. Investigatory powers

-STATUTE-
(a) Secretary
The Secretary may investigate any incident, accident, or act
involving the loss or destruction of, or damage to any structure
subject to this chapter, or which affects or may affect the safety
or environmental quality of the ports, harbors, or navigable waters
of the United States.
(b) Powers
In an investigation under this section, the Secretary may issue
subpenas to require the attendance of witnesses and the production
of documents or other evidence relating to such incident, accident,
or act. If any person refuses to obey a subpena, the Secretary may
request the Attorney General to invoke the aid of the appropriate
district court of the United States to compel compliance with the
subpena. Any district court of the United States may, in the case
of refusal to obey a subpena, issue an order requiring compliance
with the subpena, and failure to obey the order may be punished by
the court as contempt. Witnesses may be paid fees for travel and
attendance at rates not exceeding those allowed in a district court
of the United States.

-SOURCE-
(Pub. L. 92-340, Sec. 8, formerly title I, Sec. 107, July 10, 1972,
86 Stat. 427; renumbered and amended Pub. L. 95-474, Sec. 2, Oct.
17, 1978, 92 Stat. 1476.)


-MISC1-
AMENDMENTS
1978 - Pub. L. 95-474 substituted provision relating to the
investigatory powers of the Secretary for provision relating to
criminal penalties.

-End-



-CITE-
33 USC Sec. 1228 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 25 - PORTS AND WATERWAYS SAFETY PROGRAM

-HEAD-
Sec. 1228. Conditions for entry to ports in the United States

-STATUTE-
(a) In general
No vessel, subject to the provisions of chapter 37 of title 46,
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 which, as determined by the Secretary, creates
reason to believe that such vessel may be unsafe or may create a
threat to the marine environment; or
(2) fails to comply with any applicable regulation issued under
this chapter, chapter 37 of title 46, or under any other
applicable law or treaty; or
(3) discharges oil or hazardous material in violation of any
law of the United States or in a manner or quantities
inconsistent with the provisions of any treaty to which the
United States is a party; or
(4) does not comply with any applicable vessel traffic service
requirements; or
(5) is manned by one or more officers who are licensed by a
certificating state which the Secretary has determined, pursuant
to section 9101 of title 46, does not have standards for
licensing and certification of seafarers which are comparable to
or more stringent than United States standards or international
standards which are accepted by the United States; or
(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
The Secretary may allow provisional entry of a vessel not in
compliance with subsection (a) of this section, 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. In addition, paragraphs (1), (2), (3),
and (4) of subsection (a) of this section shall not apply 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. Clauses (5)
and (6) of subsection (a) of this section shall become applicable
eighteen months after October 17, 1978.

-SOURCE-
(Pub. L. 92-340, Sec. 9, as added Pub. L. 95-474, Sec. 2, Oct. 17,
1978, 92 Stat. 1476; amended Pub. L. 101-380, title IV, Sec.
4106(c), Aug. 18, 1990, 104 Stat. 514.)


-MISC1-
AMENDMENTS
1990 - Subsec. (a). Pub. L. 101-380, Sec. 4106(c)(1), substituted
"chapter 37 of title 46" for "section 4417a of the Revised
Statutes, as amended" in provisions preceding par. (1) and in par.
(2) and substituted "section 9101 of title 46" for "section
4417a(11) of the Revised Statutes, as amended" in par. (5).

EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101-380 applicable to incidents occurring
after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
as an Effective Date note under section 2701 of this title.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1223, 1232, 1911 of this
title.

-End-



-CITE-
33 USC Sec. 1229 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 25 - PORTS AND WATERWAYS SAFETY PROGRAM

-HEAD-
Sec. 1229. Applicability

-STATUTE-
This chapter shall not apply to the Panama Canal. The authority
granted to the Secretary under sections 1223, 1224, and 1225 of
this title shall not be delegated with respect to the Saint
Lawrence Seaway to any agency other than the Saint Lawrence Seaway
Development Corporation. Any other authority granted the Secretary
under this chapter shall be delegated to the Saint Lawrence Seaway
Development Corporation to the extent he determines such delegation
is necessary for the proper operation of the Saint Lawrence Seaway.

-SOURCE-
(Pub. L. 92-340, Sec. 10, as added Pub. L. 95-474, Sec. 2, Oct. 17,
1978, 92 Stat. 1477; amended Pub. L. 98-557, Sec. 29(h), Oct. 30,
1984, 98 Stat. 2875.)


-MISC1-
AMENDMENTS
1984 - Pub. L. 98-557 struck out reference to section 1226 of
this title.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1911 of this title.

-End-



-CITE-
33 USC Sec. 1230 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 25 - PORTS AND WATERWAYS SAFETY PROGRAM

-HEAD-
Sec. 1230. International agreements

-STATUTE-
(a) Transmittal of regulations
The Secretary shall transmit, via the Secretary of State, to
appropriate international bodies or forums, any regulations issued
under this chapter, for consideration as international standards.
(b) Agreements
The President is authorized and encouraged to -
(1) enter into negotiations and conclude and execute agreements
with neighboring nations, to establish compatible vessel
standards and vessel traffic services, and to establish, operate,
and maintain international vessel traffic services, in areas and
under circumstances of mutual concern; and
(2) enter into negotiations, through appropriate international
bodies, and conclude and execute agreements to establish vessel
traffic services in appropriate areas of the high seas.
(c) Operations
The Secretary, pursuant to any agreement negotiated under
subsection (b) of this section which is binding upon the United
States in accordance with constitutional requirements, may -
(1) require vessels in the vessel traffic service area to
utilize or to comply with the vessel traffic service, including
the carrying or installation of equipment and devices as
necessary for the use of the service; and
(2) waive, by order or regulation, the application of any
United States law or regulation concerning the design,
construction, operation, equipment, personnel qualifications, and
manning standards for vessels operating in waters over which the
United States exercises jurisdiction if such vessel is not en
route to or from a United States port or place, and if vessels en
route to or from a United States port or place are accorded
equivalent waivers of laws and regulations of the neighboring
nation, when operating in waters over which that nation exercises
jurisdiction.
(d) Ship reporting systems
The Secretary, in cooperation with the International Maritime
Organization, is authorized to implement and enforce two mandatory
ship reporting systems, consistent with international law, with
respect to vessels subject to such reporting systems entering the
following areas of the Atlantic Ocean: Cape Cod Bay, Massachusetts
Bay, and Great South Channel (in the area generally bounded by a
line starting from a point on Cape Ann, Massachusetts at 42 deg.
39' N., 70 deg. 37' W; then northeast to 42 deg. 45' N., 70 deg.
13' W; then southeast to 42 deg. 10' N., 68 deg. 31 W, then south
to 41 deg. 00' N., 68 deg. 31' W; then west to 41 deg. 00' N., 69
deg. 17' W; then northeast to 42 deg.05' N., 70 deg. 02' W, then (continued)