1625-0100 Stat Authority

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From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
January 2, 2001 and January 28, 2002]
[CITE: 33USC1223]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 25--PORTS AND WATERWAYS SAFETY PROGRAM
Sec. 1223. Vessel operating requirements
(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

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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.

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(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.
(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.)
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.
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

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``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.''
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.
Section Referred to in Other Sections
This section is referred to in sections 1224, 1229 of this title;
title 46 section 14305.

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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
January 2, 2001 and December 19, 2002]
[CITE: 33USC1231]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 25--PORTS AND WATERWAYS SAFETY PROGRAM
Sec. 1231. Regulations
(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.
(Pub. L. 92-340, Sec. 12, as added Pub. L. 95-474, Sec. 2, Oct. 17,
1978, 92 Stat. 1477.)
Section Referred to in Other Sections
This section is referred to in section 1911 of this title.

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