1625-0005 Stat Authority

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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: 33USC1225]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 25--PORTS AND WATERWAYS SAFETY PROGRAM
Sec. 1225. Waterfront safety
(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.
(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.)
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.
Amendments
1978--Pub. L. 95-474 substituted provisions relating to waterfront
safety for provision requiring the Secretary to report to Congress

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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.
Section Referred to in Other Sections
This section is referred to in sections 1229, 1911 of this title;
title 42 section 7511b.

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WAIS Document Retrieval

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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 January 28, 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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