1625-0118_Stat/Authority

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TITLE 33—NAVIGATION AND NAVIGABLE WATERS

sessed by the Secretary for which the vessel
may be proceeded against in any district court
of the United States having jurisdiction.
(c) Remission or mitigation
Any penalty assessed under this section may
be remitted or mitigated by the Secretary upon
such terms as he may deem proper.
(Pub. L. 92–63, § 9, Aug. 4, 1971, 85 Stat. 165.)
CHAPTER 25—PORTS AND WATERWAYS
SAFETY PROGRAM

1229.
1230.
1231.
1231a.
1232.
1232a.
1232b.

1233.
1234.
1235.
1236.

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

Sec.

1221.
1222.
1223.
1223a.
1224.
1225.
1226.
1227.
1228.

§ 1221

Statement of policy.
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

2002—Subsec. (a). Pub. L. 107–295 substituted ‘‘safety,
protection of the marine environment, and safety and
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
Pub. L. 95–474, § 1, Oct. 17, 1978, 92 Stat. 1471, 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
Pub. L. 92–340, § 1, July 10, 1972, 86 Stat. 424, 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
Pub. L. 95–474, § 6(a), Oct. 17, 1978, 92 Stat. 1492, 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
Pub. L. 95–474, § 6(c), Oct. 17, 1978, 92 Stat. 1493, 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

§ 1222

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

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
which the United States asserts exclusive fishery management authority; the seabed and
subsoil of the Outer Continental Shelf of the
United States, the resources thereof and the
waters superjacent thereto; and the recreational, economic, and scenic values of such
waters and resources.
(2) ‘‘Secretary’’ means the Secretary of the
department in which the Coast Guard is operating, except that ‘‘Secretary’’ means the Secretary of Transportation with respect to the
application of this chapter to the Saint Lawrence Seaway.
(3) ‘‘State’’ includes each of the several
States of the United States, the District of Columbia, the Commonwealth of Puerto Rico,
the Canal Zone, Guam, American Samoa, the
United States Virgin Islands, the Trust Territories of the Pacific Islands, the Commonwealth of the Northern Marianas, and any
other commonwealth, territory, or possession
of the United States.
(4) ‘‘United States’’, when used in geographical context, means all the States thereof.
(5) ‘‘Navigable waters of the United States’’
includes all waters of the territorial sea of the
United States as described in Presidential
Proclamation No. 5928 of December 27, 1988.
(Pub. L. 92–340, § 3, formerly title I, § 102, July 10,
1972, 86 Stat. 425; renumbered and amended Pub.
L. 95–474, § 2, Oct. 17, 1978, 92 Stat. 1471; Pub. L.
105–383, title III, § 301(a), Nov. 13, 1998, 112 Stat.
3417; Pub. L. 108–293, title III, § 304, Aug. 9, 2004,
118 Stat. 1042.)
REFERENCES IN TEXT
For definition of Canal Zone, referred to in par. (3),
see section 3602(b) of Title 22, Foreign Relations and
Intercourse.
Presidential Proclamation No. 5928, referred to in
par. (5), is set out under section 1331 of Title 43, Public
Lands.
AMENDMENTS
2004—Par. (2). Pub. L. 108–293 inserted ‘‘, except that
‘Secretary’ means the Secretary of Transportation
with respect to the application of this chapter to the
Saint Lawrence Seaway’’ after ‘‘in which the Coast
Guard is operating’’.
1998—Par. (5). Pub. L. 105–383, which directed the
amendment of section 102 of the Ports and Waterways
Safety Act by adding par. (5), was executed to this section, which is section 3 of that act, to reflect the probable intent of Congress and the renumbering of section
102 as section 3 by Pub. L. 95–474.
1978—Pub. L. 95–474 substituted provision relating to
definitions for provision defining ‘‘United States’’, permitting higher State or local safety standards, and pro-

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viding for consultation with appropriate agencies, the
inapplicability of this chapter to the Panama Canal,
delegation of powers with respect to the Saint Lawrence Seaway, and factors to be considered in issuance
of regulations.
TRANSFER OF FUNCTIONS
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.
TERMINATION OF TRUST TERRITORY OF THE PACIFIC
ISLANDS
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title
48, Territories and Insular Possessions.

§ 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