§ 1221. — Statement of policy.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1221]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 25--PORTS AND WATERWAYS SAFETY PROGRAM
Sec. 1221. Statement of policy
The Congress finds and declares--
(a) that navigation and vessel safety, protection of the marine
environment, and safety and security of United States ports and
waterways are matters of major national importance;
(b) that increased vessel traffic in the Nation's ports and
waterways creates substantial hazard to life, property, and the
marine environment;
(c) that increased supervision of vessel and port operations is
necessary in order to--
(1) reduce the possibility of vessel or cargo loss, or
damage to life, property, or the marine environment;
(2) prevent damage to structures in, on, or immediately
adjacent to the navigable waters of the United States or the
resources within such waters;
(3) insure that vessels operating in the navigable waters of
the United States shall comply with all applicable standards and
requirements for vessel construction, equipment, manning, and
operational procedures; and
(4) insure that the handling of dangerous articles and
substances on the structures in, on, or immediately adjacent to
the navigable waters of the United States is conducted in
accordance with established standards and requirements; and
(d) that advance planning is critical in determining proper and
adequate protective measures for the Nation's ports and waterways
and the marine environment, with continuing consultation with other
Federal agencies, State representatives, affected users, and the
general public, in the development and implementation of such
measures.
(Pub. L. 92-340, Sec. 2, formerly title I, Sec. 101, July 10, 1972, 86
Stat. 424; renumbered and amended Pub. L. 95-474, Sec. 2, Oct. 17, 1978,
92 Stat. 1471; Pub. L. 107-295, title IV, Sec. 443(1), Nov. 25, 2002,
116 Stat. 2132.)
Amendments
2002--Subsec. (a). Pub. L. 107-295 substituted ``safety, protection
of the marine environment, and safety and security of United States
ports and waterways'' for ``safety and protection of the marine
environment''.
1978--Pub. L. 95-474 substituted provision relating to Congressional
declaration of findings for provision relating to the authority of the
Secretary of the department in which the Coast Guard is operating to
prevent damage to vessels, bridges, and other structures and to protect
navigable waters from environmental harm.
Short Title of 1978 Amendment
Section 1 of Pub. L. 95-474 provided: ``That this Act [enacting
sections 1225, 1228 to 1231, and 1232 of this title, amending this
section, sections 1222 to 1224, 1226, and 1227 of this title, and
sections 214 and 391a of Title 46, Shipping, and enacting provisions set
out as notes under this section and section 1224 of this title and
section 391a of former Title 46] may be cited as the `Port and Tanker
Safety Act of 1978'.''
Short Title
Section 1 of Pub. L. 92-340, as amended by Pub. L. 95-474, Sec. 2,
Oct. 17, 1978, 92 Stat. 1471, provided that: ``This Act [this chapter]
may be cited as the `Ports and Waterways Safety Act'.''
Savings Provision
Section 6(a) of Pub. L. 95-474 provided that: ``Regulations
previously issued under statutory provisions which are amended by
section 2 of this Act [amending this section and sections 1222 to 1227,
of this title] shall continue in effect as though issued under the
authority of the Ports and Waterways Safety Act of 1972, as amended by
this Act [this chapter], until expressly abrogated, modified, or amended
by the Secretary. Any proceeding under title I of Public Law 92-340
[which enacted this section and sections 1222 to 1227 of this title] for
a violation which occurred before the effective date of this Act [Oct.
17, 1978] may be initiated or continued to conclusion as though such
public law had not been amended by this Act [amendment by section 2 of
Pub. L. 95-474].''
Separability
Section 6(c) of Pub. L. 95-474 provided that: ``If a provision of
this Act [see Short Title of 1978 Amendment note above] or the
application of such provision to any person or circumstances shall be
held invalid, the remainder of the Act and the application of such
provision to persons or circumstances other than those to which it is
held invalid shall not be affected thereby.''
Establishment of Vessel Traffic Control System for Prince William Sound
and Valdez, Alaska
Pub. L. 93-153, title IV, Sec. 402, Nov. 16, 1973, 87 Stat. 589,
provided that: ``The Secretary of the Department in which the Coast
Guard is operating is hereby directed to establish a vessel traffic
control system for Prince William Sound and Valdez, Alaska, pursuant to
authority contained in title I of the Ports and Waterways Safety Act of
1972 (86 Stat. 424, Public Law 92-340) [this chapter, prior to the
amendment by Pub. L. 95-474, Oct. 17, 1978, 92 Stat. 1471].''
