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42 U.S.C. § 9120 — Marine environmental protection and safety of life and property at sea
Federal law — U.S. Code and appendices · legal_authorities
**(a) Coast Guard operations** The Secretary of the department in which the Coast Guard is operating shall, subject to recognized principles of international law, prescribe by regulation and enforce procedures with respect to any ocean thermal energy conversion facility or plantship licensed under this chapter, including, but not limited to, rules governing vessel movement, procedures for transfer of materials between such a facility or plantship and transport vessels, designation and marking of anchorage areas, maintenance, law enforcement, and the equipment, training, and maintenance required (1) to promote the safety of life and property at sea, (2) to prevent pollution of the marine environment, (3) to clean up any pollutants which may be discharged, and (4) to otherwise prevent or minimize any adverse impact from the construction and operation of such ocean thermal energy conversion facility or plantship.
**(b) Promotion of safety of life and property** The Secretary of the department in which the Coast Guard is operating shall issue and enforce regulations, subject to recognized principles of international law, with respect to lights and other warning devices, safety equipment, and other matters relating to the promotion of safety of life and property on any ocean thermal energy conversion facility or plantship licensed under this chapter.
**(c) Marking components for protection of navigation** Whenever a licensee fails to mark any component of such an ocean thermal energy conversion facility or plantship in accordance with applicable regulations, the Secretary of the department in which the Coast Guard is operating shall mark such components for the protection of navigation, and the licensee shall pay the cost of such marking.
**(d) Safety zones**
(1) Subject
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Source file: Laws/federal/codes/united-states-code/title-42/section-9120-marine-environmental-protection-and-safety-of-life-and-property-at-sea--05643ee3ba.md
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Source location: Title 42, Chapter 99, § 9120; chapter-099-ocean-thermal-energy-conversion.md
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**(a) Coast Guard operations** The Secretary of the department in which the Coast Guard is operating shall, subject to recognized principles of international law, prescribe by regulation and enforce procedures with respect to any ocean thermal energy conversion facility or plantship licensed under this chapter, including, but not limited to, rules governing vessel movement, procedures for transfer of materials between such a facility or plantship and transport vessels, designation and marking of anchorage areas, maintenance, law enforcement, and the equipment, training, and maintenance required (1) to promote the safety of life and property at sea, (2) to prevent pollution of the marine environment, (3) to clean up any pollutants which may be discharged, and (4) to otherwise prevent or minimize any adverse impact from the construction and operation of such ocean thermal energy conversion facility or plantship.
**(b) Promotion of safety of life and property** The Secretary of the department in which the Coast Guard is operating shall issue and enforce regulations, subject to recognized principles of international law, with respect to lights and other warning devices, safety equipment, and other matters relating to the promotion of safety of life and property on any ocean thermal energy conversion facility or plantship licensed under this chapter.
**(c) Marking components for protection of navigation** Whenever a licensee fails to mark any component of such an ocean thermal energy conversion facility or plantship in accordance with applicable regulations, the Secretary of the department in which the Coast Guard is operating shall mark such components for the protection of navigation, and the licensee shall pay the cost of such marking.
**(d) Safety zones**
(1) Subject to recognized principles of international law and after consultation with the Secretary of Commerce, the Secretary of the Interior, the Secretary of State, and the Secretary of Defense, the Secretary of the department in which the Coast Guard is operating shall designate a zone of appropriate size around and including any ocean thermal energy conversion facility licensed under this chapter and may designate such a zone around and including any ocean thermal energy conversion plantship licensed under this chapter for the purposes of navigational safety and protection of the facility or plantship. The Secretary of the department in which the Coast Guard is operating shall by regulation define permitted activities within such zone consistent with the purpose for which it was designated. The Secretary of the department in which the Coast Guard is operating shall, not later than 30 days after publication of notice pursuant to [section 9112(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9112/d&num=0&edition=prelim), designate such safety zone with respect to any proposed ocean thermal energy conversion facility or plantship.
(2) In addition to any other regulations, the Secretary of the department in which the Coast Guard is operating is authorized, in accordance with this subsection, to establish a safety zone to be effective during the period of construction of an ocean thermal energy conversion facility or plantship licensed under this chapter, and to issue rules and regulations relating thereto.
(3) Except in a situation involving force majeure, a licensee of an ocean thermal energy conversion facility or plantship shall not permit a vessel, registered in or flying the flag of a foreign state, to call at, load or unload cargo at, or otherwise utilize such a facility or plantship licensed under this chapter unless (A) the foreign state involved has agreed, by specific agreement with the United States, to recognize the jurisdiction of the United States over the vessel and its personnel, in accordance with the provisions of this chapter, while the vessel is located within the safety zone, and (B) the vessel owner or operator has designated an agent in the United States for receipt of service of process in the event of any claim or legal proceeding resulting from activities of the vessel or its personnel while located within such a safety zone.
**(e) Rules and regulations; vessels; “ocean thermal energy conversion facility” defined**
(1) The Secretary of the department in which the Coast Guard is operating shall promulgate and enforce regulations specified in paragraph (2) of this subsection and such other regulations as he deems necessary concerning the documentation, design, construction, alteration, equipment, maintenance, repair, inspection, certification, and manning of ocean thermal energy conversion facilities and plantships. In addition to other requirements prescribed under those regulations, the Secretary of the department in which the Coast Guard is operating may require compliance with those vessel documentation, inspection, and manning laws which he determines to be appropriate.
(2) Within 1 year after August 3, 1980, the Secretary of the department in which the Coast Guard is operating shall promulgate regulations under paragraph (1) of this subsection which require that any ocean thermal energy conversion facility or plantship—
(A) be documented;
(B) comply with minimum standards of design, construction, alteration, and repair; and
(C) be manned or crewed by United States citizens or aliens lawfully admitted to the United States for permanent residence, unless—
(i) there is not a sufficient number of United States citizens, or aliens lawfully admitted to the United States for permanent residence, qualified and available for such work, or
(ii) the President makes a specific finding, with respect to the particular vessel, platform, or moored, fixed or standing structure, that application of this requirement would not be consistent with the national interest.
(3) For the purposes of the documentation laws, for which compliance is required under paragraph (1) of this subsection, ocean thermal energy conversion facilities and plantships shall be deemed to be vessels and, if documented, vessels of the United States for the purposes of the Ship Mortgage Act, 1920 ([46 U.S.C. 911–984](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section911–984&num=0&edition=prelim)).
(4) For the purposes of this subsection the term “ocean thermal energy conversion facility” refers only to an ocean thermal energy conversion facility which has major components other than water intake or discharge pipes located seaward of the highwater mark 11 So in original. Probably should be followed by a period.
**(f) Protection of navigation** Subject to recognized principles of international law, the Secretary of the department in which the Coast Guard is operating shall promulgate and enforce such regulations as he deems necessary to protect navigation in the vicinity of a vessel engaged in the installation, repair, or maintenance of any submarine electric transmission cable or equipment, and to govern the markings and signals used by such a vessel.
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security.
(2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 542
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Federal law — U.S. Code and appendices · legal_authorities
If any provision of this chapter or any application thereof is held invalid, the validity of the remainder of the chapter, or any other application, shall not be affected thereby.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Environmental assessment program** The Administrator shall initiate a program to assess the effects on the environment of ocean thermal energy conversion facilities and plantships. The program shall include baseline studies of locations where ocean thermal energy conversion facilities or plantships are likely to be sited or operated; and research; and monitoring of the effects of ocean thermal energy conversion facilities and plantships in actual operation. The purpose of the program shall be to assess the environmental effects of individual ocean thermal energy facilities and plantships, and to assess the magnitude of any cumulative environmental effects of large numbers of ocean thermal energy facilities and plantships.
**(b) Program purposes** The program shall be designed to determine, among other things—
(1) any short-term and long-term effects on the environment which may occur as a result of the operation of ocean thermal energy conversion facilities and plantships;
(2) the nature and magnitude of any oceanographic, atmospheric, weather, climatic, or biological changes in the environment which may occur as a result of deployment and operation of large numbers of ocean thermal energy conversion facilities and plantships;
(3) the nature and magnitude of any oceanographic, biological or other changes in the environment which may occur as a result of the operation of electric transmission cables and equipment located in the water column or on or in the seabed, including the hazards of accidentally severed transmission cables; and
(4) whether the magnitude of one or more of the cumulative environmental effects of deployment and operation of large numbers of ocean thermal energy conversion facilities and plantships requires that an upper limit be placed on t
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9119
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Federal law — U.S. Code and appendices · legal_authorities
In this title, the term “vessel of the United States” means a vessel documented under chapter 121 of this title (or exempt from documentation under [section 12102(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12102/c&num=0&edition=prelim)), numbered under chapter 123 of this title, or titled under the law of a State.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 116
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Federal law — U.S. Code and appendices · legal_authorities
Page 7684
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 9119
‘‘vessel of the United States’’ as that term applies to
Title 46, see section 116 of Title 46.
AMENDMENTS
1984—Subsec. (d)(1). Pub. L. 98–623, § 602(e)(1), sub-
stituted ‘‘navigational safety’’ for ‘‘reorganizational
safety’’.
Subsec. (d)(3). Pub. L. 98–623, § 602(e)(15), added par. (3)
by inserting text of former subsec. (b)(3) of section 9119
of this title.
Subsec. (e)(2)(C)(ii). Pub. L. 98–623, § 602(a)(6), sub-
stituted ‘‘moored, fixed or standing’’ for ‘‘moored or
standing’’.
Subsec. (e)(4). Pub. L. 98–623, § 602(a)(7), added par. (4).
Statutory Notes and Related Subsidiaries
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relat-
ing thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu-
rity, and the Department of Homeland Security Reor-
ganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
§ 9119. Prevention of interference with other
uses of high seas
(a) License conditions
Each license shall include such conditions as
may be necessary and appropriate to ensure that
construction and operation of the ocean thermal
energy conversion facility or plantship are con-
ducted with reasonable regard for navigation,
fishing, energy production, scientific research,
or other uses of the high seas, either by citizens
of the United States or by other nations in their
exercise of the freedoms of the high seas as rec-
ognized under the Convention of the High Seas
and the general principles of international law.
(b)
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 9120
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