1625-0072 Stat/Authority

Page 305

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

§ 1226

§ 1224. Considerations by Secretary

§ 1225. Waterfront safety

In carrying out his duties and responsibilities
under section 1223 of this title, the Secretary
shall—
(a) take into account all relevant factors
concerning navigation and vessel safety, protection of the marine environment, and the
safety and security of United States ports and
waterways, including but not limited to—
(1) the scope and degree of the risk or hazard involved;
(2) vessel traffic characteristics and
trends, including traffic volume, the sizes
and types of vessels involved, potential interference with the flow of commercial traffic, the presence of any unusual cargoes, and
other similar factors;
(3) port and waterway configurations and
variations in local conditions of geography,
climate, and other similar factors;
(4) the need for granting exemptions for
the installation and use of equipment or devices for use with vessel traffic services for
certain classes of small vessels, such as selfpropelled fishing vessels and recreational
vessels;
(5) the proximity of fishing grounds, oil
and gas drilling and production operations,
or any other potential or actual conflicting
activity;
(6) environmental factors;
(7) economic impact and effects;
(8) existing vessel traffic services; and
(9) local practices and customs, including
voluntary arrangements and agreements
within the maritime community; and

(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.

(b) at the earliest possible time, consult
with and receive and consider the views of representatives of the maritime community,
ports and harbor authorities or associations,
environmental groups, and other parties who
may be affected by the proposed actions.
(Pub. L. 92–340, § 5, formerly title I, § 104, July 10,
1972, 86 Stat. 427; renumbered and amended Pub.
L. 95–474, § 2, Oct. 17, 1978, 92 Stat. 1474; Pub. L.
107–295, title IV, § 443(2), Nov. 25, 2002, 116 Stat.
2132.)
AMENDMENTS
2002—Subsec. (a). Pub. L. 107–295 substituted ‘‘safety,
protection of the marine environment, and the safety
and security of United States ports and waterways,’’
for ‘‘safety and protection of the marine environment,’’
in introductory provisions.
1978—Pub. L. 95–474 substituted provision relating to
factors to be considered by the Secretary and to consultation by the Secretary with affected groups for provision relating to the issuance of rules and regulations
by the Secretary.
STUDY OF DESIRABILITY AND FEASIBILITY OF SHORESTATION SYSTEMS FOR MONITORING VESSELS
Section 3 of Pub. L. 95–474 authorized the Secretary,
in consultation with the Secretary of Commerce and
other appropriate departments or agencies of the Federal Government to study the desirability and feasibility of shore-station systems for monitoring vessels
within the Fishery Conservation Zone as defined in
former section 1802(8) of Title 16, Conservation, required the Secretary to report his findings to Congress,
within two years after Oct. 17, 1978, and authorized appropriations for such study for fiscal years 1979 and
1980.

(Pub. L. 92–340, § 6, formerly title I, § 105, July 10,
1972, 86 Stat. 427; renumbered and amended Pub.
L. 95–474, § 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, § 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 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.

§ 1226. Port, harbor, and coastal facility security
(a) General authority
The Secretary may take actions described in
subsection (b) of this section to prevent or respond to an act of terrorism against—
(1) an individual, vessel, or public or commercial structure, that is—
(A) subject to the jurisdiction of the
United States; and