33 U.S.C. § 1509 — Marine environmental protection and

Page 645 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1511 § 1509. Marine environmental protection and navigational safety (a) Regulations and procedures Subject to recognized principles of inter- national law and the provision of adequate op- portunities for public involvement, the Sec- retary shall prescribe and enforce procedures, ei- ther by regulation (for basic standards and con- ditions) or by the licensee’s operations manual, with respect to rules governing vessel move- ment, loading and unloading procedures, des- ignation and marking of anchorage areas, main- tenance, law enforcement, and the equipment, training, and maintenance required (A) to pre- vent pollution of the marine environment, (B) to clean up any pollutants which may be dis- charged, and (C) to otherwise prevent or mini- mize any adverse impact from the construction and operation of such deepwater port. (b) Safety of property and life; regulations The Secretary shall issue and enforce regula- tions with respect to lights and other warning devices, safety equipment, and other matters re- lating to the promotion of safety of life and property in any deepwater port and the waters adjacent thereto. (c) Marking of components; payment of cost The Secretary shall mark, for the protection of navigation, any component of a deepwater port whenever the licensee fails to mark such component in accordance with applicable regu- lations. The licensee shall pay the cost of such marking. (d) Safety zones; designation; construction pe- riod; permitted activities (1) Subject to recognized principles of inter- national law and after consultation with the Secretary of the Interior, the Secretary of Com- merce, the Secretary of State, and the Secretary of Defense, the Secretary shall designate a zone of appropriate size around and including any deepwater port for the purpose of navigational safety. In such zone, no installations, struc- tures, or uses will be permitted that are incom- patible with the operation of the deepwater port. The Secretary shall by regulation define permitted activities within such zone. The Sec- retary shall, not later than 30 days after publi- cation of notice pursuant to section 1504(c) of this title, designate such safety zone with re- spect to any proposed deepwater port. (2) In addition to any other regulations, the Secretary is authorized, in accordance with this subsection, to establish a safety zone to be effec- tive during the period of construction of a deep- water port and to issue rules and regulations re- lating thereto. (Pub. L. 93–627, § 10, Jan. 3, 1975, 88 Stat. 2137; Pub. L. 104–324, title V, § 508, Oct. 19, 1996, 110 Stat. 3927.) Editorial Notes AMENDMENTS 1996—Subsec. (a). Pub. L. 104–324, § 507(a), inserted ‘‘and the provision of adequate opportunities for public involvement’’ after ‘‘international law’’ and sub- stituted ‘‘shall prescribe and enforce procedures, either by regulation (for basic standards and conditions) or by the licensee’s operations manual, with respect to’’ for ‘‘shall prescribe by regulation and enforce procedures with respect to any deepwater port, including, but not limited to,’’. § 1510. International agreements The Secretary of State, in consultation with the Secretary, shall seek effective international action and cooperation in support of the policy and purposes of this chapter and may formulate, present, or support specific proposals in the United Nations and other competent inter- national organizations for the development of appropriate international rules and regulations relative to the construction, ownership, and op- eration of deepwater ports, with particular re- gard for measures that assure protection of such facilities as well as the promotion of naviga- tional safety in the vicinity thereof. (Pub. L. 93–627, § 11, Jan. 3, 1975, 88 Stat. 2138.) § 1511. Suspension or termination of licenses (a) Proceedings by Attorney General; venue; con- ditions subsequent Whenever a licensee fails to comply with any applicable provision of this chapter, or any ap- plicable rule, regulation, restriction, or condi- tion issued or imposed by the Secretary under the authority of this chapter, the Attorney Gen- eral, at the request of the Secretary, may file an appropriate action in the United States district court nearest to the location of the proposed or actual deepwater port, as the case may be, or in the district in which the licensee resides or may be found, to— (1) suspend the license; or (2) if such failure is knowing and continues for a period of thirty days after the Secretary mails notification of such failure by registered letter to the licensee at his record post office address, revoke such license. No proceeding under this subsection is necessary if the license, by its terms, provides for auto- matic suspension or termination upon the oc- currence of a fixed or agreed upon condition, event, or time. (b) Public health or safety; danger to environ- ment; completion of proceedings If the Secretary determines that immediate suspension of the construction or operation of a deepwater port or any component thereof is nec- essary to protect public health or safety or to eliminate imminent and substantial danger to the environment, he shall order the licensee to cease or alter such construction or operation pending the completion of a judicial proceeding pursuant to subsection (a) of this section. (Pub. L. 93–627, § 12, Jan. 3, 1975, 88 Stat. 2138.) Editorial Notes CODIFICATION In subsec. (a), ‘‘chapter’’ substituted for ‘‘title’’ to conform to other substitutions for ‘‘Act’’ and as re- flecting intent of Congress manifest throughout Pub. L. 93–627 in the use of the term ‘‘Act’’.