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

Summary

The Secretary can act to stop or limit damage to bridges, docks, shore areas, and the waters themselves. That includes damage from cyber attacks, transnational organized crime, or threats from foreign states. Actions allowed include making rules for handling and removing dangerous items (including oil and hazardous material, as defined in section 2101), setting minimum safety equipment for structures, creating waterfront safety zones, requiring inspections to check compliance, and banning certain foreign government representatives from visiting facilities that need a facility security plan under section 70103(c) if their government is named in section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371). States may set stricter equipment or safety standards.

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