US (United States) Code. Title 32. Chapter 10: Anchorage grounds and harbor regulations generally

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

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-CITE-

33 USC CHAPTER 10 - ANCHORAGE GROUNDS AND HARBOR

REGULATIONS GENERALLY 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 10 - ANCHORAGE GROUNDS AND HARBOR REGULATIONS GENERALLY

-HEAD-

CHAPTER 10 - ANCHORAGE GROUNDS AND HARBOR REGULATIONS GENERALLY

-MISC1-

Sec.

471. Establishment by Secretary of Transportation of

anchorage grounds and regulations generally.

472. Marking anchorage grounds by Commandant of the Coast

Guard.

473. Repealed.

474. Anchorage and general regulations for St. Marys River.

475. Regulations for Pearl Harbor, Hawaii.

476. Restrictions on tanker traffic in Puget Sound and

adjacent waters.

-End-

-CITE-

33 USC Sec. 471 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 10 - ANCHORAGE GROUNDS AND HARBOR REGULATIONS GENERALLY

-HEAD-

Sec. 471. Establishment by Secretary of Transportation of anchorage

grounds and regulations generally

-STATUTE-

The Secretary of Transportation is authorized, empowered, and

directed to define and establish anchorage grounds for vessels in

all harbors, rivers, bays, and other navigable waters of the United

States whenever it is manifest to the said Secretary that the

maritime or commercial interests of the United States require such

anchorage grounds for safe navigation and the establishment of such

anchorage grounds shall have been recommended by the Chief of

Engineers, and to adopt suitable rules and regulations in relation

thereto; and such rules and regulations shall be enforced by the

Coast Guard under the direction of the Secretary of Transportation:

Provided, That at ports or places where there is no Coast Guard

vessel available such rules and regulations may be enforced by the

Chief of Engineers under the direction of the Secretary of

Transportation. In the event of the violation of any such rules and

regulations by the owner, master, or person in charge of any

vessel, such owner, master, or person in charge of such vessel

shall be liable to a penalty of $100; and the said vessel may be

holden for the payment of such penalty, and may be seized and

proceeded against summarily by libel for the recovery of the same

in any United States district court for the district within which

such vessel may be and in the name of the officer designated by the

Secretary of Transportation.

-SOURCE-

(Mar. 4, 1915, ch. 142, Sec. 7, 38 Stat. 1053; Aug. 4, 1949, ch.

393, Secs. 1, 20, 63 Stat. 496, 561; Pub. L. 89-670, Sec. 6(b)(1),

Oct. 15, 1966, 80 Stat. 938; Pub. L. 97-449, Sec. 2(d)(1), Jan. 12,

1983, 96 Stat. 2440.)

-COD-

CODIFICATION

Section was from the Rivers and Harbors Appropriation Act of

1915.

-MISC1-

PRIOR PROVISIONS

Section probably supersedes acts May 16, 1888, ch. 257, Secs. 1,

2, 25 Stat. 151, relative to anchorage grounds in port of New York,

Mar. 3, 1899, ch. 424, Sec. 1, 30 Stat. 1074, extending anchorage

regulations for port of New York, Feb. 6, 1893, ch. 64, Secs. 1, 2,

27 Stat. 431, relative to anchorage grounds in port of Chicago, and

June 6, 1900, ch. 819, Secs. 1, 2, 31 Stat. 682, relative to

anchorage grounds in Kennebec River.

AMENDMENTS

1983 - Pub. L. 97-449 substituted "Secretary of Transportation"

for "Secretary of War" wherever appearing. See Transfer of

Functions note below.

-TRANS-

TRANSFER OF FUNCTIONS

"Coast Guard" and "Coast Guard vessel" substituted in text for

"Revenue Cutter Service" and "revenue cutter", respectively, the

Revenue Cutter Service and Life-Saving Service having been combined

to form the Coast Guard by act Jan. 28, 1915, ch. 20, Sec. 1, 38

Stat. 800. That act was repealed by act Aug. 4, 1949, ch. 393, Sec.

20, 63 Stat. 561, section 1 of which reestablished the Coast Guard

by enacting Title 14, Coast Guard.

"Secretary of Transportation" substituted for "Secretary of the

Treasury" in provision covering enforcement of rules and

regulations by Coast Guard pursuant to section 6(b)(1) of Pub. L.

89-670, which transferred to Secretary of Transportation functions,

powers, and duties of Secretary of the Treasury and of other

offices and officers of Department of the Treasury relating to

Coast Guard. Section 6(b)(2) of Pub. L. 89-670, however, provided

that notwithstanding such transfer of functions, the Coast Guard

shall operate as part of the 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.

Section 6(g)(1)(A) of Pub. L. 89-670, transferred functions,

powers, and duties of Secretary of the Army [formerly War] and

other officers and offices of Department of the Army [formerly War]

relating generally to water vessel anchorages under this section to

Secretary of Transportation. Pub. L. 97-449 amended this section to

reflect the transfer made by section 6(g)(1)(A) of Pub. L. 89-670,

and repealed section 6(g)(1)(A).

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. 472 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 10 - ANCHORAGE GROUNDS AND HARBOR REGULATIONS GENERALLY

-HEAD-

Sec. 472. Marking anchorage grounds by Commandant of the Coast

Guard

-STATUTE-

The Commandant of the Coast Guard shall provide, establish, and

maintain, out of the annual appropriations for the Coast Guard,

buoys or other suitable marks for marking anchorage grounds for

vessels in waters of the United States, when such anchorage grounds

have been defined and established by proper authority in accordance

with the laws of the United States.

-SOURCE-

(Sept. 15, 1922, ch. 313, 42 Stat. 844; 1939 Reorg. Plan No. II,

Sec. 2(a), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1432.)

-TRANS-

TRANSFER OF FUNCTIONS

"Commandant of the Coast Guard" and "Coast Guard" substituted in

text for "Commissioner of Lighthouses" and "Lighthouse Service",

respectively, on authority of Reorg. Plan No. II of 1939, Sec.

2(a), set out in the Appendix to Title 5, Government Organization

and Employees, which transferred and consolidated the Bureau of

Lighthouses (of which the Lighthouse Service was a part and of

which the Commissioner of Lighthouses was the head) and its

functions with the Coast Guard (of which the Commandant was the

Chief).

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, excepted from transfer when Coast Guard

is operating as part of Navy under sections 1 and 3 of Title 14,

Coast Guard.

Coast Guard transferred to Department of Transportation, and

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 the

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 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. 473 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 10 - ANCHORAGE GROUNDS AND HARBOR REGULATIONS GENERALLY

-HEAD-

Sec. 473. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80

Stat. 637

-MISC1-

Section, act Mar. 2, 1895, ch. 172, Sec. 2, 28 Stat. 740,

provided that the powers and authority conferred upon the harbor

master, District of Columbia, may in his absence or disability be

exercised by the pilot of the harbor police boat.

-End-

-CITE-

33 USC Sec. 474 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 10 - ANCHORAGE GROUNDS AND HARBOR REGULATIONS GENERALLY

-HEAD-

Sec. 474. Anchorage and general regulations for St. Marys River

-STATUTE-

The Commandant of the Coast Guard is authorized and directed to

adopt and prescribe suitable rules and regulations governing the

movements and anchorage of vessels and rafts in Saint Marys River

from Point Iroquois, on Lake Superior, to Point Detour, on Lake

Huron, and for the purpose of enforcing the observance of such

regulations the Secretary of Transportation is authorized to detail

one or more Coast Guard vessels for duty upon the request of the

Commandant of the Coast Guard on said river.

All officers of the Coast Guard who are directed to enforce the

regulations prescribed by the above rules are empowered and

directed, in case of necessity, or when a proper notice has been

disregarded, to use the force at their command to remove from

channels or stop any vessel found violating the prescribed rules.

In the event of the violation of any such regulations or rules of

the Commandant of the Coast Guard by the owners, master, or person

in charge of such vessel, such owners, master, or person in charge

shall be liable to a penalty not exceeding $200: Provided, That the

Commandant of the Coast Guard may remit said fine on such terms as

he may prescribe: Provided also, That nothing in this section shall

be construed to amend or repeal chapter (!1) 4 of this title.

-SOURCE-

(Mar. 6, 1896, ch. 49, Secs. 1-3, 29 Stat. 54, 55; Apr. 26, 1906,

ch. 1874, Secs. 1, 2, 34 Stat. 136; 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; Oct. 14, 1949, ch. 393, Secs. 1,

20, 63 Stat. 496, 561; Pub. L. 89-670, Sec. 6(b)(1), Oct. 15, 1966,

80 Stat. 938.)

-REFTEXT-

REFERENCES IN TEXT

Chapter 4 of this title, referred to in last par., was in the

original "the Act entitled 'An Act to regulate navigation on the

Great Lakes, and their connecting and tributary waters as far east

as Montreal,' approved February eighth, eighteen hundred and

ninety-five", which was classified generally to chapter 4 (Sec. 241

et seq.) of this title and was repealed by Pub. L. 96-591, Sec.

8(b), Dec. 24, 1980, 94 Stat. 3435, eff. Mar. 1, 1983, pursuant to

47 F.R. 15135, Apr. 8, 1982. See section 7 of Pub. L. 96-591, set

out as an Effective Date note under section 2001 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

"Coast Guard vessels" and "Coast Guard" substituted in text for

"revenue cutters" and "Revenue-Cutter Service", respectively, the

Revenue Cutter Service and Life-Saving Service having been combined

to form the Coast Guard by act Jan. 28, 1915, ch. 20, Sec. 1, 38

Stat. 800. That act was repealed by act Aug. 4, 1949, ch. 393, Sec.

20, 63 Stat. 561, section 1 of which reestablished the Coast Guard

by enacting Title 14, Coast Guard.

Secretary of Commerce and Labor designated Secretary of Commerce

by act Mar. 4, 1913, which created Department of Labor.

Functions of Secretary of Commerce under this section transferred

to Commandant of Coast Guard by Reorg. Plan No. 3 of 1946, Secs.

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

Organization and Employees.

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, excepted from transfer when Coast Guard

is operating as part of Navy under sections 1 and 3 of Title 14,

Coast Guard.

Coast Guard transferred to Department of Transportation, and

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 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.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

33 USC Sec. 475 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 10 - ANCHORAGE GROUNDS AND HARBOR REGULATIONS GENERALLY

-HEAD-

Sec. 475. Regulations for Pearl Harbor, Hawaii

-STATUTE-

For the proper control, protection, and defense of the naval

station, harbor, and entrance channel at Pearl Harbor, Territory of

Hawaii, the Secretary of the Navy is authorized, empowered, and

directed to adopt and prescribe suitable rules and regulations

governing the navigation, movement, and anchorage of vessels of

whatsoever character in the waters of Pearl Harbor, island of Oahu,

Hawaiian Islands, and in the entrance channel to said harbor, and

to take all necessary measures for the proper enforcement of such

rules and regulations.

-SOURCE-

(Aug. 22, 1912, ch. 335, 37 Stat. 341.)

-COD-

CODIFICATION

Section is from the Naval Appropriation Act for 1913.

-MISC1-

ADMISSION OF HAWAII AS STATE

Admission of Hawaii into the Union was accomplished Aug. 21,

1959, on issuance of Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868,

73 Stat. c74, as required by sections 1 and 7(c) of Pub. L. 86-3,

Mar. 18, 1959, 73 Stat. 4, set out as notes preceding section 491

of Title 48, Territories and Insular Possessions.

-End-

-CITE-

33 USC Sec. 476 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 10 - ANCHORAGE GROUNDS AND HARBOR REGULATIONS GENERALLY

-HEAD-

Sec. 476. Restrictions on tanker traffic in Puget Sound and

adjacent waters

-STATUTE-

(a) The Congress finds that -

(1) the navigable waters of Puget Sound in the State of

Washington, and the natural resources therein, are a fragile and

important national asset;

(2) Puget Sound and the shore area immediately adjacent thereto

is threatened by increased domestic and international traffic of

tankers carrying crude oil in bulk which increases the

possibility of vessel collisions and oil spills; and

(3) it is necessary to restrict such tanker traffic in Puget

Sound in order to protect the navigable waters thereof, the

natural resources therein, and the shore area immediately

adjacent thereto, from environmental harm.

(b) Notwithstanding any other provision of law, on and after

October 18, 1977, no officer, employee, or other official of the

Federal Government shall, or shall have authority to, issue, renew,

grant, or otherwise approve any permit, license, or other authority

for constructing, renovating, modifying, or otherwise altering a

terminal, dock, or other facility in, on, or immediately adjacent

to, or affecting the navigable waters of Puget Sound, or any other

navigable waters in the State of Washington east of Port Angeles,

which will or may result in any increase in the volume of crude oil

capable of being handled at any such facility (measured as of

October 18, 1977), other than oil to be refined for consumption in

the State of Washington.

-SOURCE-

(Pub. L. 95-136, Sec. 5, Oct. 18, 1977, 91 Stat. 1168.)

-End-