§ 1225. — Waterfront safety.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1225]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 25--PORTS AND WATERWAYS SAFETY PROGRAM
Sec. 1225. 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. Such action may include, but need not be limited to--
(A) establishing procedures, measures, and standards for the
handling, loading, unloading, storage, stowage, and movement on
the 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 of title 46;
(B) prescribing minimum safety equipment requirements for
the structure to assure adequate protection from fire,
explosion, natural disaster, and other serious accidents or
casualties;
(C) 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
(D) establishing procedures for examination to assure
compliance with the requirements prescribed under this section.
(b) State law
Nothing contained 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
which may be prescribed by regulations hereunder.
(Pub. L. 92-340, Sec. 6, formerly title I, Sec. 105, July 10, 1972, 86
Stat. 427; renumbered and amended Pub. L. 95-474, Sec. 2, Oct. 17, 1978,
92 Stat. 1475.)
Codification
In subsec. (a)(2)(A), ``section 2101 of title 46'' substituted for
``section 4417a of the Revised Statutes [46 U.S.C. 391a]'' on authority
of Pub. L. 98-89, Sec. 2(b), Aug. 26, 1983, 97 Stat. 598, section 1 of
which enacted Title 46, Shipping.
Amendments
1978--Pub. L. 95-474 substituted provisions relating to waterfront
safety for provision requiring the Secretary to report to Congress
within one year his recommendations for legislation to achieve
coordination between functions authorized under Pub. L. 92-340 and the
functions of any other agencies and to eliminate duplication of these
functions.
Section Referred to in Other Sections
This section is referred to in sections 1229, 1911 of this title;
title 42 section 7511b.
