Notes on 33 U.S.C. § 1503 : US Code - Notes

Search Notes on 33 U.S.C. § 1503 : US Code - Notes

(Pub. L. 93-627, Sec. 4, Jan. 3, 1975, 88 Stat. 2128; Pub. L. 98-
419, Sec. 2(b)-(e), Sept. 25, 1984, 98 Stat. 1607; Pub. L. 101-
380, title II, Sec. 2003(a)(1), Aug. 18, 1990, 104 Stat. 507; Pub.
L. 104-324, title V, Sec. 504, Oct. 19, 1996, 110 Stat. 3926; Pub.
L. 107-295, title I, Sec. 106(a)(2), Nov. 25, 2002, 116 Stat.
2086.)
REFERENCES IN TEXT
The Clean Air Act, referred to in subsec. (c)(6), is act July 14,
1955, ch. 360, 69 Stat. 322, as amended, which is classified
generally to chapter 85 (Sec. 7401 et seq.) of Title 42, The Public
Health and Welfare. For complete classification of this Act to the
Code, see Short Title note set out under section 7401 of Title 42
and Tables.
The Federal Water Pollution Control Act, as amended, referred to
in subsec. (c)(6), is act June 30, 1948, ch. 758, as amended
generally by Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816,
which is classified generally to chapter 26 (Sec. 1251 et seq.) of
this title. For complete classification of this Act to the Code,
see Short Title note set out under section 1251 of this title and
Tables.
The Marine Protection, Research and Sanctuaries Act, referred to
subsec. (c)(6), probably means Pub. L. 92-532, Oct. 23, 1972, 86
Stat. 1052, as amended, known as the Marine Protection, Research,
and Sanctuaries Act of 1972, which is classified generally to
chapters 27 (Sec. 1401 et seq.) and 41 (Sec. 2801 et seq.) of this
title and chapters 32 (Sec. 1431 et seq.) and 32A (Sec. 1447 et
seq.) of Title 16, Conservation. For complete classification of
this Act to the Code, see Short Title note set out under section
1401 of this title and Tables.
The Coastal Zone Management Act of 1972, referred to in subsec.
(c)(9), is title III of Pub. L. 89-454, as added by Pub. L. 92-583,
Oct. 27, 1972, 86 Stat. 1280, as amended, which is classified
generally to chapter 33 (Sec. 1451 et seq.) of Title 16,
Conservation. For complete classification of this Act to the Code,
see Short Title note set out under section 1451 of Title 16 and
Tables.
This chapter, referred to first three times in subsec. (e)(1) and
first time in subsec. (f), was in the original "this title" and was
translated as reading "this Act", meaning Pub. L. 93-627, which is
classified generally to this chapter, to reflect the probable
intent of Congress, because Pub. L. 93-627 does not contain titles.
The Outer Continental Shelf Lands Act, referred to in subsec.
(e)(3), is act Aug. 7, 1953, ch. 345, Sec. 2, 67 Stat. 462, as
amended, which is classified generally to subchapter III (Sec. 1331
et seq.) of chapter 29 of Title 43, Public Lands. For complete
classification of this Act to the Code, see Short Title note set
out under section 1331 of Title 43 and Tables.
AMENDMENTS
2002 - Subsec. (a). Pub. L. 107-295 inserted "or natural gas"
after "oil".
1996 - Subsec. (a). Pub. L. 104-324, Sec. 504(a), struck out at
end "A deepwater port, licensed pursuant to the provisions of this
chapter, may not be utilized -
"(1) for the loading and unloading of commodities or materials
(other than oil) transported from the United States, other than
materials to be used in the construction, maintenance, or
operation of the high seas oil port, to be used as ship supplies,
including bunkering for vessels utilizing the high seas oil port,
"(2) for the transshipment of commodities or materials, to the
United States, other than oil,
"(3) except in cases where the Secretary otherwise by rule
provides, for the transshipment of oil, destined for locations
outside the United States."
Subsec. (c)(7) to (10). Pub. L. 104-324, Sec. 504(b),
redesignated pars. (8) to (10) as (7) to (9), respectively, and
struck out former par. (7) which read as follows: "he has received
the opinions of the Federal Trade Commission and the Attorney
General, pursuant to section 1506 of this title, as to whether
issuance of the license would adversely affect competition,
restrain trade, promote monopolization, or otherwise create a
situation in contravention of the antitrust laws;".
Subsec. (e)(1). Pub. L. 104-324, Sec. 504(c), substituted "In
issuing a license for the ownership, construction, and operation of
a deepwater port, the Secretary shall prescribe those conditions
which the Secretary deems necessary to carry out the provisions and
requirements of this chapter or which are otherwise required by any
Federal department or agency pursuant to the terms of this chapter.
To the extent practicable, conditions required to carry out the
provisions and requirements of this chapter shall be addressed in
license conditions rather than by regulation and, to the extent
practicable, the license shall allow a deepwater port's operating
procedures to be stated in an operations manual, approved by the
Coast Guard, in accordance with section 1509(a) of this title,
rather than in detailed and specific license conditions or
regulations; except that basic standards and conditions shall be
addressed in regulations." for "In issuing a license for the
ownership, construction, and operation of a deepwater port, the
Secretary shall prescribe any conditions which he deems necessary
to carry out the provisions of this chapter, or which are otherwise
required by any Federal department or agency pursuant to the terms
of this chapter."
Subsec. (e)(2). Pub. L. 104-324, Sec. 504(d), substituted "his
license" for "his application".
Subsec. (f). Pub. L. 104-324, Sec. 504(e), inserted heading and
amended text generally. Prior to amendment, text read as follows:
"The Secretary may amend, transfer, or reinstate a license issued
under this chapter if the amendment, transfer, or reinstatement is
consistent with the findings made at the time the license was
issued."
1990 - Subsec. (c)(1). Pub. L. 101-380 substituted "section 2716
of this title" for "section 1517(l) of this title;".
1984 - Subsec. (b). Pub. L. 98-419, Sec. 2(b), substituted
provisions authorizing the Secretary, on application, to issue a
license for the ownership, construction, and operation of a
deepwater port and, on petition of the licensee, to amend,
transfer, or reinstate a license issued under this chapter for
provisions which had authorized the Secretary, upon application and
in accordance with the provisions of this chapter, to issue,
transfer, amend, or renew a license for the ownership,
construction, and operation of a deepwater port.
Subsec. (e)(1). Pub. L. 98-419, Sec. 2(e), inserted provision
that on petition of a licensee, the Secretary shall review any
condition of a license issued under this chapter to determine if
that condition is uniform, insofar as practicable, with the
conditions of other licenses issued under this chapter and is
reasonable, and necessary to meet the objectives of this chapter,
and that the Secretary shall amend or rescind any condition that is
no longer necessary or otherwise required by any Federal department
or agency under this chapter.
Subsec. (f). Pub. L. 98-419, Sec. 2(c), substituted provisions
authorizing the Secretary to amend, transfer, or reinstate a
license issued under this chapter if the amendment, transfer, or
reinstatement is consistent with the findings made at the time the
license was issued for provisions which had authorized the
Secretary to transfer such licenses if the Secretary determined
that such transfer was in the public interest and that the
transferee met the requirements of this chapter and the
prerequisites to issuance under subsec. (c) of this section.
Subsec. (h). Pub. L. 98-419, Sec. 2(d), substituted provision
that a license issued under this chapter remain in effect unless
suspended or revoked by the Secretary or until surrendered by the
licensee for provisions which had limited the terms of licenses to
not more than 20 years and which had granted each licensee a
preferential right of renewal for not more than 10 years, subject
to subsec. (c), upon such conditions and for such term as
determined by the Secretary to be reasonable and appropriate.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101-380 applicable to incidents occurring
after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
as an Effective Date note under section 2701 of this title.
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
(!1) So in original. Probably should be followed by a semicolon.
(!2) See References in Text note below.