1625-0049 Stat/Authority

§ 70011

TITLE 46—SHIPPING

by a line starting from a point on Cape Ann,
Massachusetts at 42 deg. 39′ N., 70 deg. 37′ W;
then northeast to 42 deg. 45′ N., 70 deg. 13′ W;
then southeast to 42 deg. 10′ N., 68 deg. 31′ W,
then south to 41 deg. 00′ N., 68 deg. 31′ W; then
west to 41 deg. 00′ N., 69 deg. 17′ W; then northeast to 42 deg. 05′ N., 70 deg. 02′ W, then west to
42 deg. 04′ N., 70 deg. 10′ W; and then along the
Massachusetts shoreline of Cape Cod Bay and
Massachusetts Bay back to the point on Cape
Ann at 42 deg. 39′ N., 70 deg. 37′ W).
(2) In the coastal waters of the Southeastern
United States within about 25 nm along a 90 nm
stretch of the Atlantic seaboard (in an area
generally extending from the shoreline east to
longitude 80 deg. 51.6′ W with the southern and
northern boundary at latitudes 30 deg. 00′ N., 31
deg. 27′ N., respectively).
(Added Pub. L. 115–282, title IV, § 401(a), Dec. 4,
2018, 132 Stat. 4257.)
SUBCHAPTER II—PORTS AND WATERWAYS
SAFETY
§ 70011. 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.
(b) Actions Authorized.—Actions authorized by
subsection (a) include—
(1) establishing procedures, measures, and standards for the handling, loading, unloading, storage, stowage, and movement on a 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;
(2) prescribing minimum safety equipment requirements for a structure to assure adequate
protection from fire, explosion, natural disaster, and other serious accidents or casualties;
(3) 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
(4) establishing procedures for examination to
assure compliance with the requirements prescribed under this section.
(c) State Law.—Nothing 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 that may be prescribed by regulations under this section.
(Added Pub. L. 115–282, title IV, § 401(a), Dec. 4,
2018, 132 Stat. 4258.)
§ 70012. Navigational hazards
(a) Reporting Procedure.—The Secretary shall
establish a program to encourage fishermen and
other vessel operators to report potential or ex-

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isting navigational hazards involving pipelines to
the Secretary through Coast Guard field offices.
(b) Secretary’s Response.—
(1) Notification by the operator of a pipeline.—Upon notification by the operator of a
pipeline of a hazard to navigation with respect
to that pipeline, the Secretary shall immediately notify Coast Guard headquarters, the Pipeline and Hazardous Materials Safety Administration, other affected Federal and State agencies, and vessel owners and operators in the pipeline’s vicinity.
(2) Notification by other persons.—Upon
notification by any other person of a hazard or
potential hazard to navigation with respect to
a pipeline, the Secretary shall promptly determine whether a hazard exists, and if so shall
immediately notify Coast Guard headquarters,
the Pipeline and Hazardous Materials Safety Administration, other affected Federal and State
agencies, vessel owners and operators in the pipeline’s vicinity, and the owner and operator of
the pipeline.
(c) Pipeline Defined.—For purposes of this section, the term “pipeline” has the meaning given
the term “pipeline facility” in section 60101(a)(18)
of title 49.
(Added Pub. L. 115–282, title IV, § 401(a), Dec. 4,
2018, 132 Stat. 4259.)
§ 70013. Requirement to notify Coast Guard of release of objects into the navigable waters of
the United States
(a) Requirement.—As soon as a person has knowledge of any release from a vessel or facility into
the navigable waters of the United States of any
object that creates an obstruction prohibited under section 10 of the Act of March 3, 1899, popularly known as the Rivers and Harbors Appropriations Act of 1899 (33 U.S.C. 403), such person shall
notify the Secretary and the Secretary of the
Army of such release.
(b) Restriction on Use of Notification.—Any
notification provided by an individual in accordance with subsection (a) may not be used against
such individual in any criminal case, except a prosecution for perjury or for giving a false statement.
(Added Pub. L. 115–282, title IV, § 401(a), Dec. 4,
2018, 132 Stat. 4259.)
References in Text
Section 10 of the Act of March 3, 1899, popularly known
as the Rivers and Harbors Appropriations Act of 1899, referred to in subsec. (a), means section 10 of act Mar. 3,
1899, ch. 425, 30 Stat. 1151, known as the Rivers and Harbors Appropriation Act of 1899, which is classified to section 403 of Title 33, Navigation and Navigable Waters.

SUBCHAPTER III—CONDITION FOR ENTRY
INTO PORTS IN THE UNITED STATES
§ 70021. Conditions for entry to ports in the
United States
(a) In General.—No vessel that is subject to
chapter 37 shall operate in the navigable waters
of the United States or transfer cargo or residue
in any port or place under the jurisdiction of the
United States, if such vessel—
(1) has a history of accidents, pollution incidents, or serious repair problems that, as deter-