Title 33 — Navigation and Navigable Waters
Chapter 29 — Deepwater Ports
§ 1509. Marine environmental protection and navigational safety
Statutory text
Regulations and procedures
Subject to recognized principles of international law and the provision of adequate opportunities for public involvement, the Secretary shall prescribe and enforce procedures, either by regulation (for basic standards and conditions) or by the licensee’s operations manual, with respect to rules governing vessel movement, loading and unloading procedures, designation and marking of anchorage areas, maintenance, law enforcement, and the equipment, training, and maintenance required (A) to prevent pollution of the marine environment, (B) to clean up any pollutants which may be discharged, and (C) to otherwise prevent or minimize any adverse impact from the construction and operation of such deepwater port.
Safety of property and life; regulations
The Secretary shall issue and enforce regulations with respect to lights and other warning devices, safety equipment, and other matters relating to the promotion of safety of life and property in any deepwater port and the waters adjacent thereto.
Marking of components; payment of cost
The Secretary shall mark, for the protection of navigation, any component of a deepwater port whenever the licensee fails to mark such component in accordance with applicable regulations. The licensee shall pay the cost of such marking.
Safety zones; designation; construction period; permitted activities
Subject to recognized principles of international law and after consultation with the Secretary of the Interior, the Secretary of Commerce, the Secretary of State, and the Secretary of Defense, the Secretary shall designate a zone of appropriate size around and including any deepwater port for the purpose of navigational safety. In such zone, no installations, structures, or uses will be permitted that are incompatible with the operation of the deepwater port. The Secretary shall by regulation define permitted activities within such zone. The Secretary shall, not later than 30 days after publication of notice pursuant to section 1504(c) of this title, designate such safety zone with respect to any proposed deepwater port.
In addition to any other regulations, the Secretary is authorized, in accordance with this subsection, to establish a safety zone to be effective during the period of construction of a deepwater port and to issue rules and regulations relating thereto.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Deepwater Port Act of 1974
Pub. L. 93–627 § 10 · 88 Stat. 2127
Enacted · 33 U.S.C. § 1509
Pub. L. 93–627, § 10, Jan. 3, 1975, 88 Stat. 2137
Source evidence
Code source credit
Pub. L. 93–627, § 10, Jan. 3, 1975, 88 Stat. 2137Enacted provision · exact public law section
Sec. 10. marine environmental protection and navigational safety (a) Subject to recognized principles of international law, 33 USC 1509. the Secretary shall prescribe by regulation and enforce procedures with respect to any deepwater port, including, but not limited to, rules governing vessel movement, loading and unloading procedures, designation and marking of anchorage areas, maintenance, law enforcement, and the equipment, training, and maintenance required (A) to prevent pollution of the marine environment, (B) to clean up any pollutants which may be discharged, and (C) to otherwise prevent or minimize any adverse impact from the construction and operation of such deepwater port. (b) The Secretary shall issue and enforce regulations with respect Regulations. to lights and other warning devices, safety equipment, and other mat-ters relating to the promotion of safety of life and property in any deepwater port and the waters adjacent thereto. (c) The Secretary shall mark, for the protection of navigation, any Marking of components. component of a deepwater port whenever the licensee fails to mark such component in accordance with applicable regulations. The licensee shall pay the cost of such marking. (d) (1) Subject to recognized principles of international law and Safety zones. after consultation with the Secretary of the Interior, the Secretary of Commerce, the Secretary of State, and the Secretary of Defense, the Secretary shall designate a zone of appropriate size around and including any deepwater port for the purpose of navigational safety. In such zone, no installations, structures, or uses will be permitted that are incompatible with the operation of the deepwater port. The Secretary shall by regulation define permitted activities within such zone. The Secretary shall, not later than 30 days after publication of notice pursuant to section 5(c) of this Act, designate such safety zone with respect to any proposed deepwater port. (2) In addition to any other regulations, the Secretary is authorized, in accordance with this subsection, to establish a safety zone to be effective during the period of construction of a deepwater port and to issue rules and regulations relating thereto.Deepwater Port Modernization Act
Pub. L. 104–324 § 507(a) · 110 Stat. 3901
Inserted · 33 U.S.C. § 1509(a)
Pub. L. 104–324, § 507(a), inserted “and the provision of adequate opportunities for public involvement” after “international law”
Substituted · 33 U.S.C. § 1509(a)
Pub. L. 104–324, § 507(a), substituted “shall prescribe and enforce procedures, either by regulation (for basic standards and conditions) or by the licensee’s operations manual, with respect to” for “shall prescribe by regulation and enforce procedures with respect to any deepwater port, including, but not limited to,”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 104–324, § 507(a), inserted “and the provision of adequate opportunities for public involvement” after “international law” and substituted “shall prescribe and enforce procedures, either by regulation (for basic standards and conditions) or by the licensee’s operations manual, with respect to” for “shall prescribe by regulation and enforce procedures with respect to any deepwater port, including, but not limited to,”.Enacted provision · exact public law section
(a) As Common Carrier.— Section 8(a) of the Deepwater Port Act of 1974 (33 U.S.C. 1507(a)) is amended by inserting after “subtitle IV of title 49, United States Code,” the following: “and shall accept, transport, or convey without discrimination all oil delivered to the deepwater port with respect to which its license is issued,”.
3 of 3 references resolved to an enrolled provision
Editorial Notes
Amendments
1996—Subsec. (a). Pub. L. 104–324, § 507(a), inserted “and the provision of adequate opportunities for public involvement” after “international law” and substituted “shall prescribe and enforce procedures, either by regulation (for basic standards and conditions) or by the licensee’s operations manual, with respect to” for “shall prescribe by regulation and enforce procedures with respect to any deepwater port, including, but not limited to,”.
Credits
1975–1996 · 2 acts
Show as published
(Pub. L. 93–627, § 10, , 88 Stat. 2137; Pub. L. 104–324, title V, § 508, , 110 Stat. 3927.)