1625-0039 Stat/Authority

§ 70011

TITLE 46—SHIPPING

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 existing 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,

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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 determined by the Secretary, creates reason to
believe that such vessel may be unsafe or may
create a threat to the marine environment;
(2) fails to comply with any applicable regulation issued under section 70034, chapter 37, or
any other applicable law or treaty;
(3) discharges oil or hazardous material in
violation of any law of the United States or in
a manner or quantities inconsistent with any
treaty to which the United States is a party;
(4) does not comply with any applicable vessel traffic service requirements;
(5) is manned by one or more officers who
are licensed by a certificating State that the
Secretary has determined, pursuant to section
9101 of title 46, does not have standards for li-