1625-0023 Stat/Authority

Page 301

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

Sec.

1222.
1223.
1223a.
1224.
1225.
1226.
1227.
1228.
1229.
1230.
1231.
1231a.
1232.
1232a.
1232b.
1233.
1234.
1235.
1236.

Definitions.
Vessel operating requirements.
Electronic charts.
Considerations by Secretary.
Waterfront safety.
Port, harbor, and coastal facility security.
Investigatory powers.
Conditions for entry to ports in the United
States.
Applicability.
International agreements.
Regulations.
Towing Safety Advisory Committee.
Enforcement provisions.
Navigational hazards.
Requirement to notify Coast Guard of release
of objects into the navigable waters of the
United States.
Regulations as to regattas or marine parades.
Enforcement of regulations; use of public or
private vessels.
Transfer of authority to regulate to head of
other department.
Penalties for violations of regulations.

§ 1221. Statement of policy
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.
(Pub. L. 92–340, § 2, formerly title I, § 101, July 10,
1972, 86 Stat. 424; renumbered and amended Pub.
L. 95–474, § 2, Oct. 17, 1978, 92 Stat. 1471; Pub. L.
107–295, title IV, § 443(1), Nov. 25, 2002, 116 Stat.
2132.)
AMENDMENTS
2002—Subsec. (a). Pub. L. 107–295 substituted ‘‘safety,
protection of the marine environment, and safety and

§ 1222

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 1986 AMENDMENT
Pub. L. 99–399, title IX, § 901, Aug. 27, 1986, 100 Stat.
889, provided that: ‘‘This title [enacting section 1226 of
this title and sections 1801 to 1809 of the former Appendix to Title 46, Shipping] may be cited as the ‘International Maritime and Port Security Act’.’’
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, § 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, § 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].’’

§ 1222. Definitions
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