US (United States) Code. Chapter 25: Ports and waterways safety program

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Navigation and navigable waters

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-CITE-

33 USC CHAPTER 25 - PORTS AND WATERWAYS SAFETY PROGRAM 01/06/03

-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 01/06/03

-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-

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33 USC Sec. 1222 01/06/03

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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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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 01/06/03

-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

west to 42 deg. 04' N., 70 deg. 10' W; and then along the

Massachusetts shoreline of Cape Cod Bay and Massachusetts Bay back

to the point on Cape Ann at 42 deg. 39' N., 70 deg. 37' W) and in

the coastal waters of the Southeastern United States within about

25 nm along a 90 nm stretch of the Atlantic seaboard (in an area

generally extending from the shoreline east to longitude 80 deg.

51.6' W with the southern and northern boundary at latitudes 30

deg. 00' N., 31 deg. 27' N., respectively).

-SOURCE-

(Pub. L. 92-340, Sec. 11, as added Pub. L. 95-474, Sec. 2, Oct. 17,

1978, 92 Stat. 1477; amended Pub. L. 105-383, title III, Sec. 313,

Nov. 13, 1998, 112 Stat. 3424.)

-MISC1-

AMENDMENTS

1998 - Subsec. (d). Pub. L. 105-383 added subsec. (d).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1223, 1911 of this title.

-End-

-CITE-

33 USC Sec. 1231 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 25 - PORTS AND WATERWAYS SAFETY PROGRAM

-HEAD-

Sec. 1231. Regulations

-STATUTE-

(a) In general

In accordance with the provisions of section 553 of title 5, the

Secretary shall issue, and may from time to time amend or repeal,

regulations necessary to implement this chapter.

(b) Procedures

The Secretary, in the exercise of this regulatory authority,

shall establish procedures for consulting with, and receiving and

considering the views of all interested parties, including -

(1) interested Federal departments and agencies,

(2) officials of State and local governments,

(3) representatives of the maritime community,

(4) representatives of port and harbor authorities or

associations,

(5) representatives of environmental groups,

(6) any other interested parties who are knowledgeable or

experienced in dealing with problems involving vessel safety,

port and waterways safety, and protection of the marine

environment, and

(7) advisory committees consisting of all interested segments

of the public when the establishment of such committees is

considered necessary because the issues involved are highly

complex or controversial.

-SOURCE-

(Pub. L. 92-340, Sec. 12, as added Pub. L. 95-474, Sec. 2, Oct. 17,

1978, 92 Stat. 1477.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1911 of this title.

-End-

-CITE-

33 USC Sec. 1231a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 25 - PORTS AND WATERWAYS SAFETY PROGRAM

-HEAD-

Sec. 1231a. Towing Safety Advisory Committee

-STATUTE-

(a) Establishment; membership

There is established a Towing Safety Advisory Committee

(hereinafter referred to as the "Committee"). The Committee shall

consist of sixteen members with particular expertise, knowledge,

and experience regarding shallow-draft inland and coastal waterway

navigation and towing safety as follows:

(1) seven members from the barge and towing industry,

reflecting a regional geographic balance;

(2) one member from the offshore mineral and oil supply vessel

industry; and

(3) two members from each of the following -

(A) port districts, authorities, or terminal operators;

(B) maritime labor;

(C) shippers (of whom at least one shall be engaged in the

shipment of oil or hazardous materials by barge); and

(D) the general public.

(b) Appointments; Chairman, Vice Chairman, and observers;

publication in Federal Register

The Secretary of the department in which the Coast Guard is

operating (hereinafter referred to as the "Secretary") shall

appoint the members of the Committee. The Secretary shall designate

one of the members of the Committee as the Chairman and one of the

members as the Vice Chairman. The Vice Chairman shall act as

Chairman in the absence or incapacity of, or in the event of a

vacancy in the office of, the Chairman. The Secretary may request

the Secretary of the Army and the Secretary of Commerce to each

designate a representative to participate as an observer on the

Committee. The Secretary shall, not less often than once a year,

publish notice in the Federal Register for solicitation of

nominations for membership on the Committee.

(c) Functions; meetings; public proceedings and records;

disclosures to Congress

The Committee shall advise, consult with, and make

recommendations to the Secretary on matters relating to

shallow-draft inland and coastal waterway navigation and towing

safety. Any advice or recommendation made by the Committee to the

Secretary shall reflect the independent judgment of the Committee

on the matter concerned. The Secretary shall consult with the

Committee before taking any significant action affecting

shallow-draft inland and coastal waterway navigation and towing

safety. The Committee shall meet at the call of the Secretary, but

in any event not less than once during each calendar year. All

proceedings of the Committee shall be open to the public, and a

record of the proceedings shall be made available for public

inspection. The Committee is authorized to make available to

Congress any information, advice, and recommendations which the

Committee is authorized to give to the Secretary.

(d) Compensation and travel expenses; administrative services;

personnel; authorization of appropriations

Members of the Committee who are not officers or employees of the

United States shall serve without pay and members of the Committee

who are officers or employees of the United States shall receive no

additional pay on account of their service on the Committee. While

away from their homes or regular places of business, members of the

Committee may be allowed travel expenses, including per diem in

lieu of subsistence, as authorized by section 5703 of title 5. The

Secretary shall furnish to the Committee an executive secretary and

such secretarial, clerical, and other services as are considered

necessary for the conduct of its business. There are authorized to

be appropriated such sums as may be necessary to implement the

provisions of this subsection.

(e) Termination

Unless extended by subsequent Act of Congress, the Committee

shall terminate on September 30, 2005.

-SOURCE-

(Pub. L. 96-380, Oct. 6, 1980, 94 Stat. 1521; Pub. L. 97-322, title

I, Sec. 118(d), Oct. 15, 1982, 96 Stat. 1587; Pub. L. 98-557, Sec.

16(a), Oct. 30, 1984, 98 Stat. 2866; Pub. L. 101-225, title I, Sec.

105(b), Dec. 12, 1989, 103 Stat. 1910; Pub. L. 104-324, title III,

Sec. 304(c), Oct. 19, 1996, 110 Stat. 3917; Pub. L. 107-295, title

III, Sec. 336, Nov. 25, 2002, 116 Stat. 2105.)

-COD-

CODIFICATION

Section was not enacted as part of the Ports and Waterways Safety

Act which comprises this chapter.

-MISC1-

AMENDMENTS

2002 - Subsec. (e). Pub. L. 107-295 substituted "September 30,

2005" for "September 30, 2000".

1996 - Subsec. (e). Pub. L. 104-324 substituted "September 30,

2000" for "September 30, 1995".

1989 - Subsec. (e). Pub. L. 101-225 substituted "September 30,

1995" for "September 30, 1990".

1984 - Subsec. (e). Pub. L. 98-557 substituted "on September 30,

1990" for "five years from the date of enactment of this Act".

1982 - Subsec. (b). Pub. L. 97-322, Sec. 118(d)(1), required the

Secretary, not less often than once a year, to publish notice in

the Federal Register for solicitation of nominations for membership

on the Committee.

Subsec. (c). Pub. L. 97-322, Sec. 118(d)(2), authorized the

Committee to make available to Congress any information, advice,

and recommendations which the Committee is authorized to give to

the Secretary.

Subsec. (d). Pub. L. 97-322, Sec. 118(d)(3), inserted

introductory provisions respecting compensation and travel expenses

of members of the Committee.

-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.

-End-

-CITE-

33 USC Sec. 1232 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 25 - PORTS AND WATERWAYS SAFETY PROGRAM

-HEAD-

Sec. 1232. Enforcement provisions

-STATUTE-

(a) Civil penalty

(1) Any person who is found by the Secretary, after notice and an

opportunity for a hearing, to have violated this chapter or a

regulation issued hereunder shall be liable to the United States

for a civil penalty, not to exceed $25,000 for each violation. Each

day of a continuing violation shall constitute a separate

violation. The amount of such civil penalty shall be assessed by

the Secretary, or his designee, by written notice. In determining

the amount of such penalty, the Secretary shall take into account

the nature, circumstances, extent and gravity of the prohibited

acts committed and, with respect to the violator, the degree of

culpability, any history of prior offenses, ability to pay, and

such other matters as justice may require.

(2) The Secretary may compromise, modify, or remit, with or

without conditions, any civil penalty which is subject to

imposition or which has been imposed under this section.

(3) If any person fails to pay an assessment of a civil penalty

after it has become final, the Secretary may refer the matter to

the Attorney General of the United States, for collection in any

appropriate district court of the United States.

(b) Criminal penalty

(1) Any person who willfully and knowingly violates this chapter

or any regulation issued hereunder commits a class D felony.

(2) Any person who, in the willfull (!1) and knowing violation of

this chapter or of any regulation issued hereunder, uses a

dangerous weapon, or engages in conduct that causes bodily injury

or fear of imminent bodily injury to any officer authorized to

enforce the provisions of this chapter or the regulations issued

hereunder, commits a class C felony.

(c) In rem liability

Any vessel subject to the provisions of this chapter, which is

used in violation of this chapter, or any regulations issued

hereunder, shall be liable in rem for any civil penalty assessed

pursuant to subsection (a) of this section and may be proceeded

against in the United States district court for any district in

which such vessel may be found.

(d) Injunction

The United States district courts shall have jurisdiction to

restrain violations of this chapter or of regulations issued

hereunder, for cause shown.

(e) Denial of entry

Except as provided in section 1228 of this title, the Secretary

may, subject to recognized principles of international law, deny

entry into the navigable waters of the United States to any port or

place under the jurisdiction of the United States or to any vessel

not in compliance with the provisions of this chapter or the

regulations issued hereunder.

(f) Withholding of clearance

(1) If any owner, operator, or individual in charge of a vessel

is liable for a penalty or fine under this section, or if

reasonable cause exists to believe that the owner, operator, or

individual in charge may be subject to a penalty or fine under this

section, the Secretary of the Treasury, upon the request of the

Secretary, shall with respect to such vessel refuse or revoke any

clearance required by section 91 of title 46, Appendix.

(2) Clearance refused or revoked under this subsection may be

granted upon filing of a bond or other surety satisfactory to the

Secretary.

-SOURCE-

(Pub. L. 92-340, Sec. 13, as added Pub. L. 95-474, Sec. 2, Oct. 17,

1978, 92 Stat. 1478; amended Pub. L. 101-380, title IV, Sec.

4302(j), Aug. 18, 1990, 104 Stat. 539; Pub. L. 104-324, title III,

Sec. 312(b), Oct. 19, 1996, 110 Stat. 3920.)

-MISC1-

AMENDMENTS

1996 - Subsec. (f). Pub. L. 104-324 amended heading and text of

subsec. (f) generally. Prior to amendment, text read as follows:

"The Secretary of the Treasury shall withhold or revoke, at the

request of the Secretary, the clearance, required by section 91 of

title 46, Appendix, of any vessel, the owner or operator of which

is subject to any of the penalties in this section. Clearance may

be granted in such cases upon the filing of a bond or other surety

satisfactory to the Secretary."

1990 - Subsec. (b)(1). Pub. L. 101-380, Sec. 4302(j)(1),

substituted "commits a class D felony" for "shall be fined not more

than $50,000 for each violation or imprisoned for not more than

five years, or both".

Subsec. (b)(2). Pub. L. 101-380, Sec. 4302(j)(2), which directed

the substitution of "commits a class C felony." for "shall, in lieu

of the penalties prescribed in paragraph (1), be fined not more

than $100,000, or imprisoned for not more than 10 years, or both.",

was executed by making the substitution for "shall, in lieu of the

penalties prescribed in paragraph (1), be fined not more than

$100,000, or imprisoned for not more than ten years, or both."

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 section 1911 of this title; title

14 section 91.

-FOOTNOTE-

(!1) So in original. Probably should be "willful".

-End-

-CITE-

33 USC Sec. 1232a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 25 - PORTS AND WATERWAYS SAFETY PROGRAM

-HEAD-

Sec. 1232a. Navigational hazards

-STATUTE-

(a) Reporting procedure

The Secretary shall establish a program to encourage fishermen

and other vessel operators to report potential or existing

navigational hazards involving pipelines to the Secretary through

Coast Guard field offices.

(b) Secretary's response

(1) Upon notification by the operator of a pipeline of a hazard

to navigation with respect to that pipeline, the Secretary shall

immediately notify Coast Guard headquarters, the Office of Pipeline

Safety, other affected Federal and State agencies, and vessel

owners and operators in the pipeline's vicinity.

(2) Upon notification by any other person of a hazard or

potential hazard to navigation with respect to a pipeline, the

Secretary shall promptly determine whether a hazard exists, and if

so shall immediately notify Coast Guard headquarters, the Office of

Pipeline Safety, other affected Federal and State agencies, vessel

owners and operators in the pipeline's vicinity, and the owner and

operator of the pipeline.

(c) Establishment of standards

The Secretary shall, within six months after November 16, 1990,

establish standards, for the purposes of this section, for what

constitutes a hazard to navigation.

(d) "Pipelines" defined

For purposes of this section, the term "pipelines" has the

meaning given the term "pipeline facilities" in section

60101(a)(18) of title 49.

-SOURCE-

(Pub. L. 92-340, Sec. 14, as added Pub. L. 101-599, Sec. 2, Nov.

16, 1990, 104 Stat. 3040.)

-COD-

CODIFICATION

In subsec. (d), "section 60101(a)(18) of title 49" substituted

for "the Natural Gas Pipeline Safety Act of 1968 [49 App. U.S.C.

1671 et seq.] and the Hazardous Liquid Pipeline Safety Act of 1979

[49 App. U.S.C. 2001 et seq.]" on authority of Pub. L. 103-272,

Sec. 6(b), July 5, 1994, 108 Stat. 1378, the first section of which

enacted subtitles II, III, and V to X of Title 49, Transportation.

-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.

-End-

-CITE-

33 USC Sec. 1233 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 25 - PORTS AND WATERWAYS SAFETY PROGRAM

-HEAD-

Sec. 1233. Regulations as to regattas or marine parades

-STATUTE-

The Commandant of the Coast Guard is authorized and empowered in

his discretion to issue from time to time regulations, not contrary

to law, to promote the safety of life on navigable waters during

regattas or marine parades.

-SOURCE-

(Apr. 28, 1908, ch. 151, Sec. 1, 35 Stat. 69; Mar. 4, 1913, ch.

141, Sec. 1, 37 Stat. 736; 1946 Reorg. Plan No. 3, Secs. 101-104,

eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097.)

-COD-

CODIFICATION

Section was not enacted as part of the Ports and Waterways Safety

Act which comprises this chapter.

Section was formerly classified to section 454 of former Title

46, Shipping.

-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.

Coast Guard transferred to Department of Transportation, and all

functions, powers, and duties relating to Coast Guard of Secretary

of the Treasury and of other officers and offices of Department of

the Treasury transferred to Secretary of Transportation by Pub. L.

89-670, Sec. 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2)

of Pub. L. 89-670, however, provided that notwithstanding such

transfer of functions, Coast Guard shall operate as part of Navy in

time of war or when President directs as provided in section 3 of

Title 14, Coast Guard. See section 108 of Title 49, Transportation.

For transfer of functions of other officers, employees, and

agencies of Department of the Treasury, with certain exceptions, to

Secretary of the Treasury with power to delegate, see Reorg. Plan

No. 26 of 1950, Secs. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64

Stat. 1280, 1281, set out in the Appendix to Title 5, Government

Organization and Employees. Functions of Coast Guard, and

Commandant of Coast Guard, were excepted from transfer when Coast

Guard is operating as part of Navy under sections 1 and 3 of Title

14.

"Commandant of the Coast Guard" substituted for "Secretary of

Commerce" on authority of Reorg. Plan No. 3 of 1946, Secs. 101-104,

set out in the Appendix to Title 5.

Upon incorporation into the Code, the words "Secretary of

Commerce" were substituted for "Secretary of Commerce and Labor" to

conform to act Mar. 4, 1913, which provided that the Secretary of

Commerce and Labor should be called the Secretary of Commerce.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1234, 1235, 1236 of this

title.

-End-

-CITE-

33 USC Sec. 1234 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 25 - PORTS AND WATERWAYS SAFETY PROGRAM

-HEAD-

Sec. 1234. Enforcement of regulations; use of public or private

vessels

-STATUTE-

To enforce such regulations the Commandant of the Coast Guard may

detail any public vessel in the service of the Coast Guard and make

use of any private vessel tendered gratuitously for the purpose, or

upon the request of the Commandant of the Coast Guard the head of

any other department may enforce the regulations issued under

sections 1233 and 1235 of this title by means of any public vessel

of such department and of any private vessel tendered gratuitously

for the purpose.

-SOURCE-

(Apr. 28, 1908, ch. 151, Sec. 2, 35 Stat. 69; Mar. 4, 1913, ch.

141, Sec. 1, 37 Stat. 736; 1946 Reorg. Plan No. 3, Secs. 101-104,

eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097.)

-COD-

CODIFICATION

Section was not enacted as part of the Ports and Waterways Safety

Act which comprises this chapter.

Section was formerly classified to section 455 of former Title

46, Shipping.

-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.

Coast Guard transferred to Department of Transportation, and all

functions, powers, and duties relating to Coast Guard of Secretary

of the Treasury and of other officers and offices of Department of

the Treasury transferred to Secretary of Transportation by Pub. L.

89-670, Sec. 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2)

of Pub. L. 89-670, however, provided that notwithstanding such

transfer of functions, Coast Guard shall operate as part of Navy in

time of war or when President directs as provided in section 3 of

Title 14, Coast Guard. See section 108 of Title 49, Transportation.

For transfer of functions of other officers, employees, and

agencies of Department of the Treasury, with certain exceptions, to

Secretary of the Treasury with power to delegate, see Reorg. Plan

No. 26 of 1950, Secs. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64

Stat. 1280, 1281, set out in the Appendix to Title 5, Government

Organization and Employees. Functions of Coast Guard, and

Commandant of Coast Guard, were excepted from transfer when Coast

Guard is operating as part of Navy under sections 1 and 3 of Title

14.

"Commandant of the Coast Guard" substituted for "Secretary of

Commerce" and a reference to Department of Commerce changed to

Coast Guard on authority of Reorg. Plan No. 3 of 1946, Secs.

101-104, set out in the Appendix to Title 5.

Upon incorporation into the Code, the words "Secretary of

Commerce" were substituted for "Secretary of Commerce and Labor" to

conform to act Mar. 4, 1913, which provided that the Secretary of

Commerce and Labor should be called the Secretary of Commerce.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1235, 1236 of this title.

-End-

-CITE-

33 USC Sec. 1235 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 25 - PORTS AND WATERWAYS SAFETY PROGRAM

-HEAD-

Sec. 1235. Transfer of authority to regulate to head of other

department

-STATUTE-

The authority and power bestowed upon the Commandant of the Coast

Guard by sections 1233 and 1234 of this title may be transferred

for any special occasion to the head of another department by the

President whenever in his judgment such transfer is desirable.

-SOURCE-

(Apr. 28, 1908, ch. 151, Sec. 3, 35 Stat. 69; Mar. 4, 1913, ch.

141, Sec. 1, 37 Stat. 736; 1946 Reorg. Plan No. 3, Secs. 101-104,

eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097.)

-COD-

CODIFICATION

Section was not enacted as part of the Ports and Waterways Safety

Act which comprises this chapter.

Section was formerly classified to section 456 of former Title

46, Shipping.

-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.

Coast Guard transferred to Department of Transportation, and all

functions, powers, and duties relating to Coast Guard of Secretary

of the Treasury and of other officers and offices of Department of

the Treasury transferred to Secretary of Transportation by Pub. L.

89-670, Sec. 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2)

of Pub. L. 89-670, however, provided that notwithstanding such

transfer of functions, Coast Guard shall operate as part of Navy in

time of war or when President directs as provided in section 3 of

Title 14, Coast Guard. See section 108 of Title 49, Transportation.

For transfer of functions of other officers, employees, and

agencies of Department of the Treasury, with certain exceptions, to

Secretary of the Treasury with power to delegate, see Reorg. Plan

No. 26 of 1950, Secs. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64

Stat. 1280, 1281, set out in the Appendix to Title 5, Government

Organization and Employees. Functions of Coast Guard, and

Commandant of Coast Guard, were excepted from transfer when Coast

Guard is operating as part of Navy under sections 1 and 3 of Title

14.

"Commandant of the Coast Guard" substituted for "Secretary of

Commerce" on authority of Reorg. Plan No. 3 of 1946, Secs. 101-104,

set out in the Appendix to Title 5.

Upon incorporation into the Code, the words "Secretary of

Commerce" were substituted for "Secretary of Commerce and Labor" to

conform to act Mar. 4, 1913, which provided that the Secretary of

Commerce and Labor should be called the Secretary of Commerce.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1234, 1236 of this title.

-End-

-CITE-

33 USC Sec. 1236 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 25 - PORTS AND WATERWAYS SAFETY PROGRAM

-HEAD-

Sec. 1236. Penalties for violations of regulations

-STATUTE-

For any violation of regulations issued pursuant to sections 1233

to 1235 of this title the following penalties shall be incurred:

(a) A licensed officer shall be liable to suspension or

revocation of license in the manner now prescribed by law for

incompetency or misconduct.

(b) Any person in charge of the navigation of a vessel other than

a licensed officer shall be liable to a penalty of $5,000.

(c) The owner of a vessel (including any corporate officer of a

corporation owning the vessel) actually on board shall be liable to

a penalty of $5,000, unless the violation of regulations shall have

occurred without his knowledge.

(d) Any other person shall be liable to a penalty of $2,500.

The Commandant of the Coast Guard is authorized and empowered to

mitigate or remit any penalty herein provided for in the manner

prescribed by law for the mitigation or remission of penalties for

violation of the navigation laws.

-SOURCE-

(Apr. 28, 1908, ch. 151, Sec. 4, 35 Stat. 69; Mar. 4, 1913, ch.

141, Sec. 1, 37 Stat. 736; 1946 Reorg. Plan No. 3, Secs. 101-104,

eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; Pub. L. 101-380,

title IV, Sec. 4302(k), Aug. 18, 1990, 104 Stat. 539.)

-REFTEXT-

REFERENCES IN TEXT

The navigation laws, referred to in text, are classified

generally to this title.

-COD-

CODIFICATION

Section was not enacted as part of the Ports and Waterways Safety

Act which comprises this chapter.

Section was formerly classified to section 457 of former Title

46, Shipping.

-MISC1-

AMENDMENTS

1990 - Subsecs. (b) to (d). Pub. L. 101-380 substituted "$5,000"

for "$500" in subsecs. (b) and (c) and "$2,500" for "$250" in

subsec. (d).

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.

-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.

Coast Guard transferred to Department of Transportation, and all

functions, powers, and duties relating to Coast Guard of Secretary

of the Treasury and of other officers and offices of Department of

the Treasury transferred to Secretary of Transportation by Pub. L.

89-670, Sec. 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2)

of Pub. L. 89-670, however, provided that notwithstanding such

transfer of functions, Coast Guard shall operate as part of Navy in

time of war or when President directs as provided in section 3 of

Title 14, Coast Guard. See section 108 of Title 49, Transportation.

For transfer of functions of other officers, employees, and

agencies of Department of the Treasury, with certain exceptions, to

Secretary of the Treasury with power to delegate, see Reorg. Plan

No. 26 of 1950, Secs. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64

Stat. 1280, 1281, set out in the Appendix to Title 5, Government

Organization and Employees. Functions of Coast Guard, and

Commandant of Coast Guard, were excepted from transfer when Coast

Guard is operating as part of Navy under sections 1 and 3 of Title

14.

"Commandant of the Coast Guard" substituted for "Secretary of

Commerce" on authority of Reorg. Plan No. 3 of 1946, Secs. 101-104,

set out in the Appendix to Title 5.

Upon incorporation into the Code, the words "Secretary of

Commerce" were substituted for "Secretary of Commerce and Labor" to

conform to act Mar. 4, 1913, which provided that the Secretary of

Commerce and Labor should be called the Secretary of Commerce.

-End-

-HEAD-