§70011 — Title 46 Shipping | U.S. Code

Summary

The Secretary can act to stop or prevent harm to bridges, piers, and other structures in or on U.S. navigable waters, nearby land or shore areas, and the waters themselves. That includes damage from cyber attacks, organized crime that crosses borders, or threats from foreign governments. To do this, the Secretary can make rules about handling and moving explosives, oil, and hazardous materials (as defined in section 2101); require minimum safety equipment for structures; create water or waterfront safety zones to limit access; set up inspection procedures; and bar representatives of governments listed under section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371) from visiting facilities that must have a facility security plan under section 70103(c). States and local governments may set stricter safety equipment or safety standards than these federal rules.

Title 46, §70011

Shipping — Source: USLM XML via OLRC

(a)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, including damage or destruction resulting from cyber incidents, transnational organized crime, or foreign state threats; and

(2)protect the navigable waters and the resources therein from harm resulting from vessel or structure damage, destruction, or loss or harm resulting from cyber incidents, transnational organized crime, or foreign state threats.

(b)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;

(4)establishing procedures for examination to assure compliance with the requirements prescribed under this section; and

(5)prohibiting a representative of a government of country that the Secretary of State has determined has repeatedly provided support for acts of international terrorism under section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371) from visiting a facility for which a facility security plan is required under section 70103(c).

(c)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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2025—Subsec. (a)(1). Pub. L. 119–60, § 7321(c)(1), inserted “, including damage or destruction resulting from cyber incidents, transnational organized crime, or foreign state threats” after “adjacent to such waters”. Subsec. (a)(2). Pub. L. 119–60, § 7321(c)(2), inserted “or harm resulting from cyber incidents, transnational organized crime, or foreign state threats” after “loss”. Subsec. (b)(5). Pub. L. 119–60, § 7321(d), added par. (5).

§70011 Waterfront safety

Summary

Title 46, §70011

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata