486 
proaches, outside the territorial sea, to such ports or 
places. Such a designation shall recognize, within the des-
ignated area, the paramount right of navigation over all 
other uses. 
‘‘(b) LIMITATION.— 
‘‘(1) IN
GENERAL.—No designation may be 
made by the Secretary under this section if— 
‘‘(A) the Secretary determines such a des-
ignation, as implemented, would deprive any 
person of the effective exercise of a right grant-
ed by a lease or permit executed or issued 
under other applicable provisions of law; and 
‘‘(B) such right has became vested before 
the time of publication of the notice required by 
paragraph (1) of subsection (c). 
‘‘(2) CONSULTATION
REQUIRED.—The Sec-
retary shall make the determination under para-
graph (1)(A) after consultation with the head of the 
agency responsible for executing the lease or issuing 
the permit. 
‘‘(c) CONSIDERATION
OF
OTHER
USES.—Before 
making a designation under subsection (a), and in accord-
ance with the requirements of section 70004, the Sec-
retary shall—
487 
‘‘(1) undertake a study of the potential traffic 
density and the need for safe access routes for ves-
sels in any area for which fairways or traffic separa-
tion schemes are proposed or that may otherwise be 
considered and publish notice of such undertaking in 
the Federal Register; 
‘‘(2) in consultation with the Secretary of State, 
the Secretary of the Interior, the Secretary of Com-
merce, the Secretary of the Army, and the Gov-
ernors of affected States, as their responsibilities 
may require, take into account all other uses of the 
area under consideration, including, as appropriate, 
the exploration for, or exploitation of, oil, gas, or 
other mineral resources, the construction or oper-
ation of deepwater ports or other structures on or 
above the seabed or subsoil of the submerged lands 
or the Outer Continental Shelf of the United States, 
the establishment or operation of marine or estua-
rine sanctuaries, and activities involving recreational 
or commercial fishing; and 
‘‘(3) to the extent practicable, reconcile the 
need for safe access routes with the needs of all 
other reasonable uses of the area involved. 
‘‘(d) STUDY.—In carrying out the Secretary’s respon-
sibilities under subsection (c), the Secretary shall—
488 
‘‘(1) proceed expeditiously to complete any 
study undertaken; and 
‘‘(2) after completion of such a study, prompt-
ly— 
‘‘(A) issue a notice of proposed rulemaking 
for the designation contemplated; or 
‘‘(B) publish in the Federal Register a no-
tice that no designation is contemplated as a re-
sult of the study and the reason for such deter-
mination. 
‘‘(e) IMPLEMENTATION OF DESIGNATION.—In con-
nection with a designation made under this section, the 
Secretary— 
‘‘(1) shall issue reasonable rules and regulations 
governing the use of such designated areas, includ-
ing rules and regulations regarding the applicability 
of rules 9 and 10 of the International Regulations 
for Preventing Collisions at Sea, 1972, relating to 
narrow channels and traffic separation schemes, re-
spectively, in waters where such regulations apply; 
‘‘(2) to the extent that the Secretary finds rea-
sonable and necessary to effectuate the purposes of 
the designation, make the use of designated fairways 
and traffic separation schemes mandatory for spe-
cific types and sizes of vessels, foreign and domestic,
489 
operating in the territorial sea of the United States 
and for specific types and sizes of vessels of the 
United States operating on the high seas beyond the 
territorial sea of the United States; 
‘‘(3) may, from time to time, as necessary, ad-
just the location or limits of designated fairways or 
traffic separation schemes in order to accommodate 
the needs of other uses that cannot be reasonably 
accommodated otherwise, except that such an ad-
justment may not, in the judgment of the Secretary, 
unacceptably adversely affect the purpose for which 
the existing designation was made and the need for 
which continues; and 
‘‘(4) shall, through appropriate channels— 
‘‘(A) notify cognizant international organi-
zations of any designation, or adjustment there-
of; and 
‘‘(B) take action to seek the cooperation of 
foreign States in making it mandatory for ves-
sels under their control to use, to the same ex-
tent as required by the Secretary for vessels of 
the United States, any fairway or traffic sepa-
ration scheme designated under this section in 
any area of the high seas.
490 
‘‘§ 70004. Considerations by Secretary 
‘‘In carrying out the duties of the Secretary under 
sections 70001, 70002, and 70003, the Secretary shall— 
‘‘(1) take into account all relevant factors con-
cerning navigation and vessel safety, protection of 
the marine environment, and the safety and security 
of United States ports and waterways, including— 
‘‘(A) the scope and degree of the risk or 
hazard involved; 
‘‘(B) vessel traffic characteristics and 
trends, including traffic volume, the sizes and 
types of vessels involved, potential interference 
with the flow of commercial traffic, the presence 
of any unusual cargoes, and other similar fac-
tors; 
‘‘(C) port and waterway configurations and 
variations in local conditions of geography, cli-
mate, and other similar factors; 
‘‘(D) 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 self-propelled 
fishing vessels and recreational vessels; 
‘‘(E) the proximity of fishing grounds, oil 
and gas drilling and production operations, or
491 
any other potential or actual conflicting activ-
ity; 
‘‘(F) environmental factors; 
‘‘(G) economic impact and effects; 
‘‘(H) existing vessel traffic services; and 
‘‘(I) local practices and customs, including 
voluntary arrangements and agreements within 
the maritime community; and 
‘‘(2) at the earliest possible time, consult with 
and receive and consider the views of representatives 
of the maritime community, ports and harbor au-
thorities or associations, environmental groups, and 
other persons who may be affected by the proposed 
actions. 
‘‘§ 70005. International agreements 
‘‘(a) TRANSMITTAL
OF REGULATIONS.—The Sec-
retary shall transmit, via the Secretary of State, to appro-
priate international bodies or forums, any regulations 
issued under this subchapter, for consideration as inter-
national standards. 
‘‘(b) AGREEMENTS.—The President is authorized 
and encouraged to— 
‘‘(1) enter into negotiations and conclude and 
execute agreements with neighboring nations, to es-
tablish compatible vessel standards and vessel traffic
492 
services, and to establish, operate, and maintain 
international vessel traffic services, in areas and 
under circumstances of mutual concern; and 
‘‘(2) enter into negotiations, through appro-
priate international bodies, and conclude and execute 
agreements to establish vessel traffic services in ap-
propriate areas of the high seas. 
‘‘(c) OPERATIONS.—The Secretary, pursuant to any 
agreement negotiated under subsection (b) that is binding 
upon the United States in accordance with constitutional 
requirements, may— 
‘‘(1) require vessels operating in an area of a 
vessel traffic service to utilize or to comply with the 
vessel traffic service, including the carrying or in-
stallation of equipment and devices as necessary for 
the use of the service; and 
‘‘(2) waive, by order or regulation, the applica-
tion of any United States law or regulation con-
cerning the design, construction, operation, equip-
ment, personnel qualifications, and manning stand-
ards for vessels operating in waters over which the 
United States exercises jurisdiction if such vessel is 
not en route to or from a United States port or 
place, and if vessels en route to or from a United 
States port or place are accorded equivalent waivers
493 
of laws and regulations of the neighboring nation, 
when operating in waters over which that nation ex-
ercises jurisdiction. 
‘‘(d) SHIP REPORTING SYSTEMS.—The Secretary, in 
cooperation with the International Maritime Organization, 
may implement and enforce two mandatory ship reporting 
systems, consistent with international law, with respect to 
vessels subject to such reporting systems entering the fol-
lowing areas of the Atlantic Ocean: 
‘‘(1) Cape Cod Bay, Massachusetts Bay, and 
Great South Channel (in the area generally bounded 
by a line starting from a point on Cape Ann, Massa-
chusetts at 42 deg. 39′ N., 70 deg. 37′ W; then 
northeast to 42 deg. 45′ N., 70 deg. 13′ W; then 
southeast to 42 deg. 10′ N., 68 deg. 31′ W, then 
south to 41 deg. 00′ N., 68 deg. 31′ W; then west 
to 41 deg. 00′ N., 69 deg. 17′ W; then northeast to 
42 deg. 05′ N., 70 deg. 02′ W, then west to 42 deg. 
04′ N., 70 deg. 10′ W; and then along the Massa-
chusetts shoreline of Cape Cod Bay and Massachu-
setts Bay back to the point on Cape Ann at 42 deg. 
39′ N., 70 deg. 37′ W). 
‘‘(2) In the coastal waters of the Southeastern 
United States within about 25 nm along a 90 nm 
stretch of the Atlantic seaboard (in an area gen-
494 
erally extending from the shoreline east to longitude 
80 deg. 51.6′ W with the southern and northern 
boundary at latitudes 30 deg. 00′ N., 31 deg. 27′ 
N., respectively). 
‘‘SUBCHAPTER B—PORTS AND WATERWAYS 
SAFETY 
‘‘§ 70011. Waterfront safety 
‘‘(a) IN GENERAL.—The Secretary may take such ac-
tion 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 re-
sources therein from harm resulting from vessel or 
structure damage, destruction, or loss. 
‘‘(b) ACTIONS AUTHORIZED.—Actions authorized by 
subsection (a) include— 
‘‘(1) establishing procedures, measures, and 
standards for the handling, loading, unloading, stor-
age, stowage, and movement on a structure (includ-
ing the emergency removal, control, and disposition) 
of explosives or other dangerous articles and sub-
495 
stances, including oil or hazardous material as those 
terms are defined in section 2101; 
‘‘(2) prescribing minimum safety equipment re-
quirements for a structure to assure adequate pro-
tection 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; and 
‘‘(4) establishing procedures for examination to 
assure compliance with the requirements prescribed 
under this section. 
‘‘(c) STATE LAW.—Nothing in this section, with re-
spect to structures, prohibits a State or political subdivi-
sion thereof from prescribing higher safety equipment re-
quirements or safety standards than those that may be 
prescribed by regulations under this section. 
‘‘§ 70012. Navigational hazards 
‘‘(a) REPORTING PROCEDURE.—The Secretary shall 
establish a program to encourage fishermen and other ves-
sel operators to report potential or existing navigational 
hazards involving pipelines to the Secretary through Coast 
Guard field offices.