1625-0060 Stat/Authority

§ 70011

TITLE 46—SHIPPING

(c) PROHIBITIONS.—A vessel may not—
(1) anchor in any Federal navigation channel
unless authorized or directed to by the Captain of the Port;
(2) anchor in near proximity, within distances determined by the Coast Guard, to an
undersea pipeline or cable, unless authorized
or directed to by the Captain of the Port; and
(3) anchor or remain anchored in an anchorage ground during any period in which the
Captain of the Port orders closure of the anchorage ground due to inclement weather,
navigational hazard, a threat to the environment, or other safety or security concern.
(d) SAFETY EXCEPTION.—Nothing in this section shall be construed to prevent a vessel from
taking actions necessary to maintain the safety
of the vessel or to prevent the loss of life or
property.
(Added Pub. L. 117–263, div. K, title CXIII,
§ 11318(a), Dec. 23, 2022, 136 Stat. 4090.)
Statutory Notes and Related Subsidiaries
SAVINGS CLAUSE
Pub. L. 117–263, div. K, title CXIII, § 11318(c), Dec. 23,
2022, 136 Stat. 4091, provided that: ‘‘Nothing in this section [enacting this section and provisions set out as a
note under this section] shall limit any authority
available, as of the date of enactment of this Act [Dec.
23, 2022], to the captain of a port with respect to safety
measures or any other authority as necessary for the
safety of vessels located in anchorage grounds in the
navigable waters of the United States.’’
CONSTRUCTION; APPLICABILITY OF REGULATIONS
Pub. L. 117–263, div. K, title CXIII, § 11318(e), Dec. 23,
2022, 136 Stat. 4091, provided that: ‘‘The amendments
made by subsection (a) [enacting this section] may not
be construed to alter any existing rules, regulations, or
final agency actions issued under section 70006 of title
46, United States Code, as in effect on the day before
the date of enactment of this Act [Dec. 23, 2022], until
all regulations required under subsection (b) [136 Stat.
4091] take effect.’’

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 ade-

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quate 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,
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 accord-