Page:United States Statutes at Large Volume 92 Part 2.djvu/195

 PUBLIC LAW 95-474—OCT. 17, 1978

92 STAT. 1475

"(4) the need for granting exemptions for the installation and use of equipment or devices for use with vessel traffic services for certain classes of small vessels, such as selfpropelled fishing vessels and recreational vessels; "(5) the proximity of fishing grounds, oil and gas drilling and production operations, or any other potential or actual conflicting activity; "(6) environmental factors; " (7) economic impact and effects; " (8) existing vessel traffic services; and "(9) local practices and customs, including voluntary arrangements and agreements within the maritime community; and "(b) at the earliest possible time, consult with and receive and consider the views of representatives of the maritime community, ports and harbor authorities or associations, environmental groups, and other parties who may be affected by the proposed actions. "SEC. 6. WATERFRONT SAFETY.

33 USC 1225.

"(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; and "(2) protect the navigable waters and the resources therein from harm resulting from vessel or structure damage, destruction, or loss. Such action may include, but need not be limited to— "(A) establishing procedures, measures, and standards for the handling, loading, unloading, storage, stowage, and movement on the 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 4417a of the Revised Statutes, as amended; Po5^ p. 1480. "(B) prescribing minimum safety equipment requirements for the structure to assure adequate protection from fire, explosion, natural disaster, and other serious accidents or casualties; "(C) 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; and "(D) establishing procedures for examination to assure compliance with the requirements prescribed under this section. "(b) STATE LAW.—Nothing contained 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 which may be prescribed by regulations hereunder, "SEC. 7. PILOTAGE.

"The Secretary may require federally licensed pilots on any selfpropelled vessel, foreign or domestic, engaged in the foreign trade, when operating in the navigable waters of the United States in areas and under circumstances where a pilot is not otherwise required by

33 USC 1226.

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