1625-0049 Stat/Authority

Page 305

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

tions prescribed by the Secretary of the department in which the Coast Guard is operating:
(A) A self-propelled commercial vessel of
at least 65 feet overall length.
(B) A vessel carrying more than a number
of passengers for hire determined by the Secretary.
(C) A towing vessel of more than 26 feet in
overall length and 600 horsepower.
(D) Any other vessel for which the Secretary decides that electronic charts are
necessary for the safe navigation of the vessel.
(2) Exemptions and waivers
The Secretary may—
(A) exempt a vessel from paragraph (1), if
the Secretary finds that electronic charts
are not necessary for the safe navigation of
the vessel on the waters on which the vessel
operates; and
(B) waive the application of paragraph (1)
with respect to operation of vessels on navigable waters of the United States specified
by the Secretary, if the Secretary finds that
electronic charts are not needed for safe
navigation on those waters.
(b) Regulations
The Secretary of the department in which the
Coast Guard is operating shall prescribe regulations implementing subsection (a) of this section before January 1, 2007, including requirements for the operation and maintenance of the
electronic charts required under subsection (a)
of this section.
(Pub. L. 92–340, § 4A, as added Pub. L. 108–293,
title IV, § 410, Aug. 9, 2004, 118 Stat. 1045.)
§ 1224. Considerations by Secretary
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;

§ 1225

(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
(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.

§ 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, con-

§ 1226

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

trolled, 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, § 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.

Page 306

dures, or programs for passenger vessels or passenger terminals authorized under this chapter
is not required to be disclosed to the public.
(Pub. L. 92–340, § 7, as added Pub. L. 99–399, title
IX, § 906, Aug. 27, 1986, 100 Stat. 890; amended
Pub. L. 104–324, title III, § 302, Oct. 19, 1996, 110
Stat. 3917; Pub. L. 107–295, title I, § 107(a), Nov.
25, 2002, 116 Stat. 2088.)
PRIOR PROVISIONS
A prior section 1226, Pub. L. 92–340, § 7, formerly title
I, § 106, July 10, 1972, 86 Stat. 427; renumbered § 7 and
amended Pub. L. 95–474, § 2, Oct. 17, 1978, 92 Stat. 1475,
related to requirement respecting federally licensed pilots on any foreign or domestic self-propelled vessel engaged in the foreign trade when operating in the navigable waters of the United States in areas, etc., where
a pilot is not otherwise required by State law, prior to
repeal by Pub. L. 98–557, § 29(g), Oct. 30, 1984, 98 Stat.
2875.
AMENDMENTS
2002—Subsec. (b)(3). Pub. L. 107–295 added par. (3).
1996—Subsec. (c). Pub. L. 104–324 added subsec. (c).

AMENDMENTS

TRANSFER OF FUNCTIONS

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.

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.

§ 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
(B) located within or adjacent to the marine environment; or
(2) a vessel of the United States or an individual on board that vessel.
(b) Specific authority
Under subsection (a) of this section, the Secretary may—
(1) carry out or require measures, including
inspections, port and harbor patrols, the establishment of security and safety zones, and
the development of contingency plans and procedures, to prevent or respond to acts of terrorism;
(2) recruit members of the Regular Coast
Guard and the Coast Guard Reserve and train
members of the Regular Coast Guard and the
Coast Guard Reserve in the techniques of preventing and responding to acts of terrorism;
and
(3) dispatch properly trained and qualified
armed Coast Guard personnel on vessels and
public or commercial structures on or adjacent to waters subject to United States jurisdiction to deter or respond to acts of terrorism
or transportation security incidents, as defined in section 70101 of title 46.
(c) Nondisclosure of port security plans
Notwithstanding any other provision of law,
information related to security plans, proce-

REPORT ON USE OF NON-COAST GUARD PERSONNEL
Pub. L. 107–295, title I, § 107(b), Nov. 25, 2002, 116 Stat.
2088, provided that: ‘‘The Secretary of the department
in which the Coast Guard is operating shall evaluate
and report to the Congress on—
‘‘(1) the potential use of Federal, State, or local
government personnel, and documented United
States Merchant Marine personnel, to supplement
Coast Guard personnel under section 7(b)(3) of the
Ports and Waterways Safety Act (33 U.S.C. 1226(b)(3));
‘‘(2) the possibility of using personnel other than
Coast Guard personnel to carry out Coast Guard personnel functions under that section and whether additional legal authority would be necessary to use
such personnel for such functions; and
‘‘(3) the possibility of utilizing the United States
Merchant Marine Academy, State maritime academies, or Coast Guard approved maritime industry
schools in the United States, to provide training
under that section.’’

§ 1227. Investigatory powers
(a) Secretary
The Secretary may investigate any incident,
accident, or act involving the loss or destruction
of, or damage to any structure subject to this
chapter, or which affects or may affect the safety or environmental quality of the ports, harbors, or navigable waters of the United States.
(b) Powers
In an investigation under this section, the
Secretary may issue subpenas to require the attendance of witnesses and the production of documents or other evidence relating to such incident, accident, or act. If any person refuses to
obey a subpena, the Secretary may request the
Attorney General to invoke the aid of the appropriate district court of the United States to