Waterfront safety

46 U.S.C. § 70011

• Title: 46 — Shipping
• Chapter: SUBCHAPTER II—PORTS AND WATERWAYS SAFETY

Text

(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.

History

(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.)

Editorial Notes

Editorial Notes

Amendments
2025—Subsec. (a)(1). Pub. L. 119–60, §7321(c)(1), inserted ", including damage or destruction resulting from cyber incidents, transnational organized crime, or foreign state threats" after "adjacent to such waters".
Subsec. (a)(2). Pub. L. 119–60, §7321(c)(2), inserted "or harm resulting from cyber incidents, transnational organized crime, or foreign state threats" after "loss".
Subsec. (b)(5). Pub. L. 119–60, §7321(d), added par. (5).