46 U.S.C. § 70034 — Regulations

Page 550 TITLE 46—SHIPPING § 70034 from, a port or place subject to the jurisdiction of the United States and that is in— (1) innocent passage through the territorial sea of the United States; or (2) transit through the navigable waters of the United States that form a part of an inter- national strait. (Added Pub. L. 115–282, title IV, § 401(a), Dec. 4, 2018, 132 Stat. 4261; amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8507(a)(6), Jan. 1, 2021, 134 Stat. 4753.) Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 substituted ‘‘I through III’’ for ‘‘A through C’’ in introductory provisions. § 70034. Regulations (a) IN GENERAL.—In accordance with section 553 of title 5, the Secretary shall issue, and may from time to time amend or repeal, regulations necessary to implement subchapters I through III and this subchapter. (b) CONSULTATION.—In the exercise of the regu- latory authority under subchapters I through III and this subchapter, the Secretary shall consult with, and receive and consider the views of all interested persons, including— (1) interested Federal departments and agen- cies; (2) officials of State and local governments; (3) representatives of the maritime commu- nity; (4) representatives of port and harbor au- thorities or associations; (5) representatives of environmental groups; (6) any other interested persons who are knowledgeable or experienced in dealing with problems involving vessel safety, port and wa- terways safety, and protection of the marine environment; and (7) advisory committees consisting of all in- terested segments of the public when the es- tablishment of such committees is considered necessary because the issues involved are highly complex or controversial. (Added Pub. L. 115–282, title IV, § 401(a), Dec. 4, 2018, 132 Stat. 4261; amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8507(a)(7), Jan. 1, 2021, 134 Stat. 4753.) Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 substituted ‘‘I through III’’ for ‘‘A through C’’ in subsecs. (a) and (b). Statutory Notes and Related Subsidiaries SAFETY OF SPECIAL ACTIVITIES Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], § 8343, Jan. 1, 2021, 134 Stat. 4710, provided that: ‘‘(a) IN GENERAL.—The Secretary of the department in which the Coast Guard is operating shall conduct a 2-year pilot program to establish and implement a process to— ‘‘(1) establish safety zones to address special activi- ties in the exclusive economic zone; ‘‘(2) account for the number of safety zones estab- lished for special activities; ‘‘(3) differentiate whether an applicant who re- quests a safety zone for such activities is— ‘‘(A) an individual; ‘‘(B) an organization; or ‘‘(C) a government entity; and ‘‘(4) account for Coast Guard resources utilized to enforce safety zones established for special activities, including— ‘‘(A) the number of Coast Guard or Coast Guard Auxiliary vessels used; and ‘‘(B) the number of Coast Guard or Coast Guard Auxiliary patrol hours required. ‘‘(b) BRIEFING.—Not later than 180 days after the expi- ration of the 2-year pilot program, the Commandant [of the Coast Guard] shall brief the Committee on Trans- portation and Infrastructure of the House of Represent- atives and the Committee on Commerce, Science, and Transportation of the Senate regarding— ‘‘(1) the process required under subsection (a); and ‘‘(2) whether the authority to establish safety zones to address special activities in the exclusive eco- nomic zone should be extended or made permanent in the interest of safety. ‘‘(c) DEFINITIONS.—In this section: ‘‘(1) SAFETY ZONE.—The term ‘safety zone’ has the meaning given such term in section 165.20 of title 33, Code of Federal Regulations. ‘‘(2) SPECIAL ACTIVITIES.—The term ‘special activi- ties’ includes— ‘‘(A) space activities, including launch and re- entry, as such terms are defined in section 50902 of title 51, United States Code, carried out by United States citizens; and ‘‘(B) offshore energy development activities, as described in section 8(p)(1)(C) of the Outer Conti- nental Shelf Lands Act (43 U.S.C. 1337(p)(1)(C)), on or near a fixed platform. ‘‘(3) UNITED STATES CITIZEN.—The term ‘United States citizen’ has the meaning given the term ‘eligi- ble owners’ in section 12103 of title 46, United States Code. ‘‘(4) FIXED PLATFORM.—The term ‘fixed platform’ means an artificial island, installation, or structure permanently attached to the sea-bed for the purpose of exploration or exploitation of resources or for other economic purposes.’’ SAFETY ZONES FOR PERMITTED MARINE EVENTS Pub. L. 114–120, title III, § 305, Feb. 8, 2016, 130 Stat. 54, provided that: ‘‘Not later than 6 months after the date of the enactment of this Act [Feb. 8, 2016], the Sec- retary of the department in which the Coast Guard is operating shall establish and implement a process to— ‘‘(1) account for the number of safety zones estab- lished for permitted marine events; ‘‘(2) differentiate whether the event sponsor who re- quested a permit for such an event is— ‘‘(A) an individual; ‘‘(B) an organization; or ‘‘(C) a government entity; and ‘‘(3) account for Coast Guard resources utilized to enforce safety zones established for permitted marine events, including for— ‘‘(A) the number of Coast Guard or Coast Guard Auxiliary vessels used; and ‘‘(B) the number of Coast Guard or Coast Guard Auxiliary patrol hours required.’’ § 70035. Investigatory powers (a) SECRETARY.—The Secretary may inves- tigate any incident, accident, or act involving the loss or destruction of, or damage to, any structure subject to subchapters I through III and this subchapter, or that affects or may af- fect the safety or environmental quality of the ports, harbors, or navigable waters of the United States. (b) POWERS.—In an investigation under this section, the Secretary may issue subpoenas to