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46 U.S.C. § 70011Waterfront safety

submitted 8 years ago by Pub. L. 115-282 to r/title-46-SHIPPING · 319 words · no verdicts yet

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The Secretary may act to protect bridges, structures, and nearby shorelines from damage, including cyber and foreign threats. Allowed actions include cargo safety rules, safety equipment rules, and safety zones. States may still set stricter safety rules for structures.

(a) In General. The Secretary may take action needed to: prevent damage to or destruction of any bridge or structure on or in U.S. navigable waters, or any land structure or shore area right next to those waters — including damage from cyber incidents, transnational organized crime, or foreign state threats; and protect the navigable waters and their resources from harm caused by vessel or structure damage, destruction, or loss, or by cyber incidents, transnational organized crime, or foreign state threats. (b) Actions Authorized. These actions can include: setting rules for handling, loading, unloading, storing, and moving explosives or other dangerous items — including oil or hazardous material as defined in section 2101 — on a structure, including emergency removal and disposal; setting minimum safety equipment rules for a structure to guard against fire, explosion, natural disaster, and other serious accidents; creating water or waterfront safety zones or other measures to limit, control, or condition access when needed to protect a vessel, structure, water, or shore area; creating inspection procedures to check compliance with these rules; and barring a representative of a government the Secretary of State has found repeatedly supports international terrorism, under section 620A of the Foreign Assistance Act of 1961, from visiting a facility that must have a facility security plan under section 70103(c). (c) State Law. Nothing in this section stops a state or its political subdivisions from setting higher safety equipment or safety standards for structures than this section's regulations require.
the actual law source: uscode.house.gov ↗public domain
(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, 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.—

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)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.

Source credit: (Added Pub. L. 115–282, title IV, § 401(a), Dec. 4, 2018, 132 Stat. 4258; amended Pub. L. 119–60, div. G, title LXXIII, § 7321(c), (d), Dec. 18, 2025, 139 Stat. 1766.)

history & why it existsrecord from the source credit
  • 2018Enacted · Pub. L. 115-282 · 132 Stat. 4258
  • 2025Amended · Pub. L. 119-60 · 139 Stat. 1766

A history note hasn’t been published yet. The record shows enactment by Pub. L. 115-282 on 2018-12-04.

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