1998 Year of the Ocean The U.S. Marine Transportation System 



• Shore Protection Act of 1988 (33 U.S.C. §§ 2601 et seq.) 



• U.S. Public Vessel Medical Waste Anti-Dumping Act of 1988 (33 U.S.C. §§ 2501 et seq.) 



The legal regime covering this topic is based on a collection of important federal statutory 

 authorities. The following is a brief description of some of those authorities relating to maritime 

 transportation. The list is selective and is designed to illustrate some major maritime transportation 

 acts. The list is not meant to be comprehensive. 



I. PORTS AND WATERWAYS 



Deepwater Port Act of 1974 . as amended. 33 U.S.C. §§ 1501 et seq. 



The Act creates the regulatory regime for the location, ownership, construction, and operation of 

 deepwater ports in waters beyond the territorial limits of the United States. The Act provides for the 

 protection of the marine and coastal environments and the rights and responsibilities of states and 

 local communities. Deepwater ports are non-vessel, fixed or floating manmade structures that are 

 used as a port or terminal for the loading, unloading, or handling of oil for transportation to a state. 

 The Secretary of Transportation issues deepwater port permits; however, the National Oceanic and 

 Atmospheric Administration advises the Department of Transportation on the environmental 

 review criteria for deepwater port applications, the site evaluafion and preconstruction testing at 

 potential locations, and the designation of "adjacent coastal state" status (in other words, if the state 

 is subject to equal or greater risk than the state directiy connected to the port by pipeline). 



Ports and Waterways Safety Act of 1972 . as amended, (PWSA), 33 U.S.C. §§ 1221-1236 



The PWSA, as amended by the Port and Tanker Safety Act of 1978, P.L. 95-474, and the Oil 

 Pollution Act of 1 990 (OP A), is designed to promote navigation, vessel safety, and protection of 

 the marine environment. Generally, the PWSA applies in any port or place under the jurisdiction of 

 the United States, or in any area covered by an international agreement negotiated pursuant to 

 section. 33 CFR 2.05-30 defines waters subject to the jurisdiction of the U.S. as navigable waters, 

 other waters on lands owned by the U.S., and waters within U.S. territories and possessions of the 

 U.S. 



The PWSA authorizes the U.S. Coast Guard (USCG) to establish vessel traffic service/separation 

 schemes (VTSS) for ports, harbors, and other waters subject to congested vessel traffic. The VTSS 

 apply to commercial ships, other than fishing vessels, weighing 300 gross tons (270 gross metric 

 tons) or more. The OPA amended the PWSA to mandate that appropriate vessels must comply with 

 the VTSS. 



The PWSA was amended by the Port and Tanker Safety Act of 1978 (PTSA), P.L. 95-474. Under 

 the PTSA, Congress finds: that navigation and vessel safety and protection of the marine 



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