StatA

§ 1509

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

copy of the application to the Governor of each
adjacent coastal State. The Secretary shall not
issue a license without the approval of the Governor of each adjacent coastal State. If the Governor fails to transmit his approval or disapproval to the Secretary not later than 45 days
after the last public hearing on applications for
a particular application area, such approval
shall be conclusively presumed. If the Governor
notifies the Secretary that an application,
which would otherwise be approved pursuant to
this paragraph, is inconsistent with State programs relating to environmental protection,
land and water use, and coastal zone management, the Secretary shall condition the license
granted so as to make it consistent with such
State programs.
(2) Any other interested State shall have the
opportunity to make its views known to, and
shall be given full consideration by, the Secretary regarding the location, construction, and
operation of a deepwater port.
(c) Reasonable progress toward development of
coastal zone management program; planning
grants
The Secretary shall not issue a license unless
the adjacent coastal State to which the deepwater port is to be directly connected by pipeline has developed, or is making, at the time the
application is submitted, reasonable progress toward developing an approved coastal zone management program pursuant to the Coastal Zone
Management Act of 1972 [16 U.S.C. 1451 et seq.]
in the area to be directly and primarily impacted by land and water development in the
coastal zone resulting from such deepwater port.
For the purposes of this chapter, a State shall be
considered to be making reasonable progress if
it is receiving a planning grant pursuant to section 305 of the Coastal Zone Management Act [16
U.S.C. 1454].
(d) State agreements or compacts
The consent of Congress is given to two or
more coastal States to negotiate and enter into
agreements or compacts, not in conflict with
any law or treaty of the United States, (1) to
apply for a license for the ownership, construction, and operation of a deepwater port or for
the transfer of such license, and (2) to establish
such agencies, joint or otherwise, as are deemed
necessary or appropriate for implementing and
carrying out the provisions of any such agreement or compact. Such agreement or compact
shall be binding and obligatory upon any State
or party thereto without further approval by
Congress.

Page 538

§ 1509. Marine environmental protection and
navigational safety
(a) Regulations and procedures
Subject to recognized principles of international law and the provision of adequate opportunities for public involvement, the Secretary shall prescribe and enforce procedures, either by regulation (for basic standards and conditions) or by the licensee’s operations manual,
with respect to rules governing vessel movement, loading and unloading procedures, designation and marking of anchorage areas, maintenance, law enforcement, and the equipment,
training, and maintenance required (A) to prevent pollution of the marine environment, (B) to
clean up any pollutants which may be discharged, and (C) to otherwise prevent or minimize any adverse impact from the construction
and operation of such deepwater port.
(b) Safety of property and life; regulations
The Secretary shall issue and enforce regulations with respect to lights and other warning
devices, safety equipment, and other matters relating to the promotion of safety of life and
property in any deepwater port and the waters
adjacent thereto.
(c) Marking of components; payment of cost
The Secretary shall mark, for the protection
of navigation, any component of a deepwater
port whenever the licensee fails to mark such
component in accordance with applicable regulations. The licensee shall pay the cost of such
marking.
(d) Safety zones; designation; construction period; permitted activities
(1) Subject to recognized principles of international law and after consultation with the
Secretary of the Interior, the Secretary of Commerce, the Secretary of State, and the Secretary
of Defense, the Secretary shall designate a zone
of appropriate size around and including any
deepwater port for the purpose of navigational
safety. In such zone, no installations, structures, or uses will be permitted that are incompatible with the operation of the deepwater
port. The Secretary shall by regulation define
permitted activities within such zone. The Secretary shall, not later than 30 days after publication of notice pursuant to section 1504(c) of
this title, designate such safety zone with respect to any proposed deepwater port.
(2) In addition to any other regulations, the
Secretary is authorized, in accordance with this
subsection, to establish a safety zone to be effective during the period of construction of a deepwater port and to issue rules and regulations relating thereto.

REFERENCES IN TEXT

(Pub. L. 93–627, § 10, Jan. 3, 1975, 88 Stat. 2137;
Pub. L. 104–324, title V, § 508, Oct. 19, 1996, 110
Stat. 3927.)

The Coastal Zone Management Act of 1972, referred to
in subsec. (c), is title III of Pub. L. 89–454 as added by
Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1280, as amended,
which is classified generally to chapter 33 (§ 1451 et seq.)
of Title 16, Conservation. For complete classification of
this Act to the Code, see Short Title note set out under
section 1451 of Title 16, and Tables.

1996—Subsec. (a). Pub. L. 104–324, § 507(a), inserted
‘‘and the provision of adequate opportunities for public
involvement’’ after ‘‘international law’’ and substituted ‘‘shall prescribe and enforce procedures, either
by regulation (for basic standards and conditions) or by
the licensee’s operations manual, with respect to’’ for

(Pub. L. 93–627, § 9, Jan. 3, 1975, 88 Stat. 2136.)

AMENDMENTS

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TITLE 33—NAVIGATION AND NAVIGABLE WATERS

‘‘shall prescribe by regulation and enforce procedures
with respect to any deepwater port, including, but not
limited to,’’.

§ 1510. International agreements
The Secretary of State, in consultation with
the Secretary, shall seek effective international
action and cooperation in support of the policy
and purposes of this chapter and may formulate,
present, or support specific proposals in the
United Nations and other competent international organizations for the development of
appropriate international rules and regulations
relative to the construction, ownership, and operation of deepwater ports, with particular regard for measures that assure protection of such
facilities as well as the promotion of navigational safety in the vicinity thereof.
(Pub. L. 93–627, § 11, Jan. 3, 1975, 88 Stat. 2138.)
§ 1511. Suspension or termination of licenses
(a) Proceedings by Attorney General; venue; conditions subsequent
Whenever a licensee fails to comply with any
applicable provision of this chapter, or any applicable rule, regulation, restriction, or condition issued or imposed by the Secretary under
the authority of this chapter, the Attorney General, at the request of the Secretary, may file an
appropriate action in the United States district
court nearest to the location of the proposed or
actual deepwater port, as the case may be, or in
the district in which the licensee resides or may
be found, to—
(1) suspend the license; or
(2) if such failure is knowing and continues
for a period of thirty days after the Secretary
mails notification of such failure by registered
letter to the licensee at his record post office
address, revoke such license.
No proceeding under this subsection is necessary
if the license, by its terms, provides for automatic suspension or termination upon the occurrence of a fixed or agreed upon condition,
event, or time.
(b) Public health or safety; danger to environment; completion of proceedings
If the Secretary determines that immediate
suspension of the construction or operation of a
deepwater port or any component thereof is necessary to protect public health or safety or to
eliminate imminent and substantial danger to
the environment, he shall order the licensee to
cease or alter such construction or operation
pending the completion of a judicial proceeding
pursuant to subsection (a) of this section.
(Pub. L. 93–627, § 12, Jan. 3, 1975, 88 Stat. 2138.)
CODIFICATION
In subsec. (a), ‘‘chapter’’ substituted for ‘‘title’’ to
conform to other substitutions for ‘‘Act’’ and as reflecting intent of Congress manifest throughout Pub. L.
93–627 in the use of the term ‘‘Act’’.

§ 1512. Recordkeeping and inspection
(a) Regulations; regulations under other provisions unaffected
Each licensee shall establish and maintain
such records, make such reports, and provide

§ 1513

such information as the Secretary, after consultation with other interested Federal departments and agencies, shall by regulation prescribe to carry out the provision of this chapter.
Such regulations shall not amend, contradict or
duplicate regulations established pursuant to
part I of the Interstate Commerce Act or any
other law. Each licensee shall submit such reports and shall make such records and information available as the Secretary may request.
(b) Access to deepwater ports in enforcement
proceedings and execution of official duties;
inspections and tests; notification of results
All United States officials, including those officials responsible for the implementation and
enforcement of United States laws applicable to
a deepwater port, shall at all times be afforded
reasonable access to a deepwater port licensed
under this chapter for the purpose of enforcing
laws under their jurisdiction or otherwise carrying out their responsibilities. Each such official
may inspect, at reasonable times, records, files,
papers, processes, controls, and facilities and
may test any feature of a deep water port. Each
inspection shall be conducted with reasonable
promptness, and such licensee shall be notified
of the results of such inspection.
(Pub. L. 93–627, § 13, Jan. 3, 1975, 88 Stat. 2139.)
REFERENCES IN TEXT
The Interstate Commerce Act, referred to in subsec.
(a), is act Feb. 4, 1887, ch. 104, 24 Stat. 379, as amended.
Part I of the Act, which was classified to chapter 1 (§ 1
et seq.) of former Title 49, Transportation, was repealed
by Pub. L. 95-473, § 4(b), Oct. 17, 1978, 92 Stat. 1467, the
first section of which enacted subtitle IV (§ 10101 et
seq.) of Title 49. For distribution of former sections of
Title 49 into the revised Title 49, see Table at the beginning of Title 49.

§ 1513. Public access to information
(a) Inspection of copies; reproduction costs; protected information
Copies of any communication, document, report, or information transmitted between any
official of the Federal Government and any person concerning a deepwater port (other than
contracts referred to in section 1504(c)(2)(B) of
this title) shall be made available to the public
for inspection, and shall be available for the purpose of reproduction at a reasonable cost, to the
public upon identifiable request, unless such information may not be publicly released under
the terms of subsection (b) of this section. Except as provided in subsection (b) of this section,
nothing contained in this section shall be construed to require the release of any information
of the kind described in subsection (b) of section
552 of title 5 or which is otherwise protected by
law from disclosure to the public.
(b) Information disclosure prohibition; confidentiality of certain disclosures
The Secretary shall not disclose information
obtained by him under this chapter that concerns or relates to a trade secret, referred to in
section 1905 of title 18, or to a contract referred
to in section 1504(c)(2)(B) of this title, except
that such information may be disclosed, in a
manner which is designed to maintain confidentiality—