
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC9118]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
               CHAPTER 99--OCEAN THERMAL ENERGY CONVERSION
 
 SUBCHAPTER I--REGULATION OF OCEAN THERMAL ENERGY CONVERSION FACILITIES 
                             AND PLANTSHIPS
 
Sec. 9118. Marine environmental protection and safety of life 
        and property at sea
        

(a) Coast Guard operations

    The Secretary of the department in which the Coast Guard is 
operating shall, subject to recognized principles of international law, 
prescribe by regulation and enforce procedures with respect to any ocean 
thermal energy conversion facility or plantship licensed under this 
chapter, including, but not limited to, rules governing vessel movement, 
procedures for transfer of materials between such a facility or 
plantship and transport vessels, designation and marking of anchorage 
areas, maintenance, law enforcement, and the equipment, training, and 
maintenance required (1) to promote the safety of life and property at 
sea, (2) to prevent pollution of the marine environment, (3) to clean up 
any pollutants which may be discharged, and (4) to otherwise prevent or 
minimize any adverse impact from the construction and operation of such 
ocean thermal energy conversion facility or plantship.

(b) Promotion of safety of life and property

    The Secretary of the department in which the Coast Guard is 
operating shall issue and enforce regulations, subject to recognized 
principles of international law, with respect to lights and other 
warning devices, safety equipment, and other matters relating to the 
promotion of safety of life and property on any ocean thermal energy 
conversion facility or plantship licensed under this chapter.

(c) Marking components for protection of navigation

    Whenever a licensee fails to mark any component of such an ocean 
thermal energy conversion facility or plantship in accordance with 
applicable regulations, the Secretary of the department in which the 
Coast Guard is operating shall mark such components for the protection 
of navigation, and the licensee shall pay the cost of such marking.

(d) Safety zones

    (1) Subject to recognized principles of international law and after 
consultation with the Secretary of Commerce, the Secretary of the 
Interior, the Secretary of State, and the Secretary of Defense, the 
Secretary of the department in which the Coast Guard is operating shall 
designate a zone of appropriate size around and including any ocean 
thermal energy conversion facility licensed under this chapter and may 
designate such a zone around and including any ocean thermal energy 
conversion plantship licensed under this chapter for the purposes of 
navigational safety and protection of the facility or plantship. The 
Secretary of the department in which the Coast Guard is operating shall 
by regulation define permitted activities within such zone consistent 
with the purpose for which it was designated. The Secretary of the 
department in which the Coast Guard is operating shall, not later than 
30 days after publication of notice pursuant to section 9112(d) of this 
title, designate such safety zone with respect to any proposed ocean 
thermal energy conversion facility or plantship.
    (2) In addition to any other regulations, the Secretary of the 
department in which the Coast Guard is operating is authorized, in 
accordance with this subsection, to establish a safety zone to be 
effective during the period of construction of an ocean thermal energy 
conversion facility or plantship licensed under this chapter, and to 
issue rules and regulations relating thereto.
    (3) Except in a situation involving force majeure, a licensee of an 
ocean thermal energy conversion facility or plantship shall not permit a 
vessel, registered in or flying the flag of a foreign state, to call at, 
load or unload cargo at, or otherwise utilize such a facility or 
plantship licensed under this chapter unless (A) the foreign state 
involved has agreed, by specific agreement with the United States, to 
recognize the jurisdiction of the United States over the vessel and its 
personnel, in accordance with the provisions of this chapter, while the 
vessel is located within the safety zone, and (B) the vessel owner or 
operator has designated an agent in the United States for receipt of 
service of process in the event of any claim or legal proceeding 
resulting from activities of the vessel or its personnel while located 
within such a safety zone.

(e) Rules and regulations; vessels; ``ocean thermal energy conversion 
        facility'' defined

    (1) The Secretary of the department in which the Coast Guard is 
operating shall promulgate and enforce regulations specified in 
paragraph (2) of this subsection and such other regulations as he deems 
necessary concerning the documentation, design, construction, 
alteration, equipment, maintenance, repair, inspection, certification, 
and manning of ocean thermal energy conversion facilities and 
plantships. In addition to other requirements prescribed under those 
regulations, the Secretary of the department in which the Coast Guard is 
operating may require compliance with those vessel documentation, 
inspection, and manning laws which he determines to be appropriate.
    (2) Within 1 year after August 3, 1980, the Secretary of the 
department in which the Coast Guard is operating shall promulgate 
regulations under paragraph (1) of this subsection which require that 
any ocean thermal energy conversion facility or plantship--
        (A) be documented;
        (B) comply with minimum standards of design, construction, 
    alteration, and repair; and
        (C) be manned or crewed by United States citizens or aliens 
    lawfully admitted to the United States for permanent residence, 
    unless--
            (i) there is not a sufficient number of United States 
        citizens, or aliens lawfully admitted to the United States for 
        permanent residence, qualified and available for such work, or
            (ii) the President makes a specific finding, with respect to 
        the particular vessel, platform, or moored, fixed or standing 
        structure, that application of this requirement would not be 
        consistent with the national interest.

    (3) For the purposes of the documentation laws, for which compliance 
is required under paragraph (1) of this subsection, ocean thermal energy 
conversion facilities and plantships shall be deemed to be vessels and, 
if documented, vessels of the United States for the purposes of chapters 
301 and 313 of title 46.
    (4) For the purposes of this subsection the term ``ocean thermal 
energy conversion facility'' refers only to an ocean thermal energy 
conversion facility which has major components other than water intake 
or discharge pipes located seaward of the highwater mark \1\
---------------------------------------------------------------------------
    \1\ So in original. Probably should be followed by a period.
---------------------------------------------------------------------------

(f) Protection of navigation

    Subject to recognized principles of international law, the Secretary 
of the department in which the Coast Guard is operating shall promulgate 
and enforce such regulations as he deems necessary to protect navigation 
in the vicinity of a vessel engaged in the installation, repair, or 
maintenance of any submarine electric transmission cable or equipment, 
and to govern the markings and signals used by such a vessel.

(Pub. L. 96-320, title I, Sec. 108, Aug. 3, 1980, 94 Stat. 986; Pub. L. 
98-623, title VI, Sec. 602(a)(6), (7), (e)(1), (15), Nov. 8, 1984, 98 
Stat. 3410-3412.)

                          Codification

    In subsec. (e)(3), ``chapters 301 and 313 of title 46'' substituted 
for ``the Ship Mortgage Act, 1920 (46 U.S.C. 911-984)'' on authority of 
Pub. L. 100-710, Sec. 105(a), Nov. 23, 1988, 102 Stat. 4751, section 
102(c) of which enacted subtitle III of Title 46, Shipping.


                               Amendments

    1984--Subsec. (d)(1). Pub. L. 98-623, Sec. 602(e)(1), substituted 
``navigational safety'' for ``reorganizational safety''.
    Subsec. (d)(3). Pub. L. 98-623, Sec. 602(e)(15), added par. (3) by 
inserting text of former subsec. (b)(3) of section 9119 of this title.
    Subsec. (e)(2)(C)(ii). Pub. L. 98-623, Sec. 602(a)(6), substituted 
``moored, fixed or standing'' for ``moored or standing''.
    Subsec. (e)(4). Pub. L. 98-623, Sec. 602(a)(7), added par. (4).
