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



environment are matters of major national importance; that increased vessel traffic in the Nation's 

 ports and waterways creates substantial hazard to life, property or the marine environment; that 

 incicased supervision of vessel and port operations is necessary in order to (1) reduce the possibility 

 of vessel or cargo loss, or damage to life, property or the marine environment; (2) prevent damage 

 to structures in, on, or immediately adjacent to the navigable waters of the United States or the 

 resources within such waters; (3) insure that vessels operating in the navigable waters of the United 

 States shall comply with all applicable standards and requirements for vessel construction, 

 equipment, manning and operational procedures; and (4) insure that the handling of dangerous 

 articles and substances on the structures in, on, or immediately adjacent to the navigable waters of 

 the United States is conducted in accordance with established standards and requirements; and that 

 advance planning is critical in determining proper and adequate protective measures for the 

 Nation's ports and waterways and the marine environment, with continuing consultation with other 

 federal agencies, state representatives, affected users and the general public, in the development and 

 implementation of such measures. 



The PTSA provided broader regulatory authority over regulated and non-regulated areas. The 

 PTSA provided for improvements in the supervision and control of all types of vessels operating in 

 navigable waters of the United States, and in the safety of foreign or domestic tank vessels that 

 transport or transfer oil or hazardous cargoes in ports or places subject to United States Jurisdiction. 

 The PTSA also reflects certain tank vessel standards and requirements accepted intemationally, 

 specifically those developed by the International Conference on Tanker Safety and Pollution 

 Prevention. 



Rivers and Harbors Act of 1899 , as amended, (RHA), 33 U.S.C. §401et seq. 



The RHA prohibits the unauthorized obstruction of navigable waters of the United States. The 

 construction of any structure or the excavation of or deposit of fill in the navigable waters of the 

 United States is prohibited without a permit fi-om the Army Corps of Engineers. The Act also 

 prohibits the discharge of refuse and other substances into navigable waters, but this aspect of the 

 RHA has been largely superseded by the Clean Water Act. 



II. NAVIGATION 



Bridges over Navigable Waters . 33 U.S.C. §§ 491-535 



The sections within Title 33 between sections 491 and 535 area a collection of several bridge laws 

 that are intended to prevent any interference with navigable waters of the U.S. whether by bridges, 

 dams, dikes or other obstructions to navigation except by express permission of the U.S. The 

 Secretary of Transportation's authority has been delegated to the Commandant of the Coast Guard. 

 There is, however, an advance approval category where the Commandant has given his advance 

 approval for bridges over waters navigable in law but not navigable in fact. See 33 CFR 1 15.70. 



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