597 



ditlonal access and activity when necessary for the 

 protection of any vessel, structure, waters, or 

 shore area ; and 



(9) establish procedures for examination to as- 

 sure compliance with the minimum safety equip- 

 ment requirements for structures. 

 (Pub. L. 92-340, title I, § 101, July 10, 1972, 86 Stat. 

 424.) 



Short Title 

 Section 1 of Pub. L. 92-340 provided that: "This Act 

 [enacting this chapter and amending section 391a of Title 

 46 and enacting provisions set out as notes under section 

 391a of Title 46] may be cited as the 'Ports and Water- 

 ways Safety Act of 1972'." 



Establishment of Vessel Traffic Control System 

 For Prince William Sound and Valdez, Alaska 



Pub. L. 93-153. title rv, § 402. Nov. 16. 1973, 87 Stat. 589, 

 provided that: "The Secretary of the Department in which 

 the Coast Guard is operating is hereby directed to esta'b- 

 llsh a vessel traffic control system for Prince William 

 Sound and Valdez. Alaska, pursuant to authority con- 

 tained In title I of the Ports and Waterways Safety Act 

 of 1972 (86 Stat. 424, Public Law 92-340) [this chapter)." 



§1222. General provisions. 



(a) Definition. 



For the purpose of this Act, the term "United 

 States" includes the fifty States, the District of 

 Columbia, Puerto Rico, the territories and rwsses- 

 sions of the United States, and the Trust Territory of 

 the Pacific Islands. 



(b) Authority under other provisions and better 

 safety requirements prescribed by other agencies 

 unaffected. 



Nothing contained in this chapter supplants or 

 modifies any treaty or Federal statute or authority 

 granted thereunder, nor does it prevent a State or 

 political subdivision thereof from prescribing for 

 structures only higher safety equipment require- 

 ments or safety standards than those which may be 

 prescribed pursuant to this chapter. 



(c) Consultation with appropriate agencies. 



In the exercise of his authority under this chapter, 

 the Secretary shall consult with other Federal agen- 

 cies, as appropriate, in order to give due considera- 

 tion to their statutory and other responsibilities, and 

 to assure consistency of regulations applicable to 

 vessels, structures, and areas covered by this chap- 

 ter. The Secretary may also consider, utilize, and in- 

 corporate regulations or similar directory materials 

 issued by port or other State and local authorities. 



(d) Provisions of chapter inapplicable to Panama 

 Canal; delegation of powers with respect to Saint 

 Lawrence Seaway. 



This chapter shall not be applicable to the 

 Panama Canal. The authority granted to the Sec- 

 retary under section 1221 of this title shall not be 

 delegated with respect to the Saint Lawrence Sea- 

 way to any agency other than the Saint Lawrence 

 Seaway Development Corporation. Any other au- 

 thority granted the Secretary under this chapter 

 shall be delegated to the Saint Lawrence Seaway 

 Development Corporation to the extent that the 

 Secretary determines such delegation is necessary 

 for the proper operation of the Seaway. 



(e) Factors considered in the issue of regulations. 



In carrying out his duties and responsibilities 

 under this chapter to promote the safe and efficient . 

 conduct of maritime commerce the Secretary shall 

 consider fully the wide variety of interests which 

 may be affected by the exercise of his authority here- 

 under. In determining the need for, and the sub- 

 stance of, any rule or regulation or the exercise of 

 other authority hereunder the Secretary shall, 

 among other things, consider — 



( 1 ) the scope and degree of the hazards ; 



(2) vessel traffic characteristics including 

 minimum interference with the flow of commer- 

 cial traffic, traffic volume, the sizes and types of 

 vessels, the usual nature of local cargoes, and 

 similar factors ; 



(3) port and waterway configurations and the 

 differences in geographic, climatic, and other con- 

 ditions and circumstances; 



( 4 ) environmental factors ; 



(5) economic impact and effects; 



(6) existing vessel traffic control systems, serv- 

 ices, and schemes ; and 



(7) local practices and customs, including 

 voluntary arrangements and agreements within 

 the maritime community. 



(Pub. L. 92-340, title I 1 102, July 10, 1972, 86 Stat. 

 425.) 



§1223. Investigatory powers of Secretary; production 

 of witnesses and documents; proceedings for com- 

 pliance with subpenas; fees and allowances of 

 witnesses. 

 The Secretary may investigate any incident, acci- 

 dent, or act involving the loss or destruction of, or 

 damage to. any structure subject to this chapter, or 

 which affects or may affect the safety or environ- 

 mental quality of the ports, harbors, or navigable 

 waters of the United States. In any investigation 

 under this chapter, the Secretary may issue a sub- 

 pena to require the attendance of any witness and 

 the production of documents and other evidence. In 

 case of refusal to obey a subpena issued to any per- 

 son, the Secretary may request the Attorney Gen- 

 eral to invoke the aid of the appropriate district court 

 of the United States to compel compliance. Wit- 

 nesses may be paid fees for travel and attendance at 

 rates not exceeding those allowed in a district court 

 of the United States. (Pub. L. 92-340, title I, i 103, 

 July 10, 1972, 86 Stat. 426.) 



§ 1224. Rules and regulations. 



The Secretary may issue reasonable rules, regula- 

 tions, and standards necessary to implement this 

 chapter. In the exercise of his rulemaking authority 

 the Secretary is subject to the provisions of chapters 

 5 and 7 of Title 5. In preparing proposed rules, regu- 

 lations, and standards, the Secretary shall provide 

 an adequate opportunity for consultation and com- 

 ment to State and local governments, representatives 

 of the marine industry, port and harbor authorities, 

 environmental groups, and other interested parties. 

 (Pub. L. 92-340. title I, § 104, July 10, 1972, 86 Stat. 

 427.) 



§ 1225. Report to Congress. 

 The Secretary shall, within one year after July 10, 



