1625-0072 Stat/Authority

§ 1231

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

Cape Ann at 42 deg. 39’ N., 70 deg. 37’ W) and 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 generally
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).
(Pub. L. 92–340, § 11, as added Pub. L. 95–474, § 2,
Oct. 17, 1978, 92 Stat. 1477; amended Pub. L.
105–383, title III, § 313, Nov. 13, 1998, 112 Stat.
3424.)
AMENDMENTS
1998—Subsec. (d). Pub. L. 105–383 added subsec. (d).

§ 1231. Regulations
(a) In general
In accordance with the provisions of section
553 of title 5, the Secretary shall issue, and may
from time to time amend or repeal, regulations
necessary to implement this chapter.
(b) Procedures
The Secretary, in the exercise of this regulatory authority, shall establish procedures for
consulting with, and receiving and considering
the views of all interested parties, including—
(1) interested Federal departments and agencies,
(2) officials of State and local governments,
(3) representatives of the maritime community,
(4) representatives of port and harbor authorities or associations,
(5) representatives of environmental groups,
(6) any other interested parties who are
knowledgeable or experienced in dealing with
problems involving vessel safety, port and
waterways safety, and protection of the marine environment, and
(7) advisory committees consisting of all interested segments of the public when the establishment of such committees is considered
necessary because the issues involved are
highly complex or controversial.
(Pub. L. 92–340, § 12, as added Pub. L. 95–474, § 2,
Oct. 17, 1978, 92 Stat. 1477.)
§ 1231a. Towing Safety Advisory Committee
(a) Establishment; membership
There is established a Towing Safety Advisory
Committee (hereinafter referred to as the ‘‘Committee’’). The Committee shall consist of eighteen members with particular expertise, knowledge, and experience regarding shallow-draft inland and coastal waterway navigation and towing safety as follows:
(1) Seven members representing the barge
and towing industry, reflecting a regional geographic balance.
(2) One member representing the offshore
mineral and oil supply vessel industry.
(3) One member representing holders of active licensed Masters or Pilots of towing vessels with experience on the Western Rivers
and the Gulf Intracoastal Waterway.
(4) One member representing the holders of
active licensed Masters of towing vessels in
offshore service.

Page 308

(5) One member representing Masters who
are active ship-docking or harbor towing vessel.1
(6) One member representing licensed or unlicensed towing vessel engineers with formal
training and experience.
(7) Two members representing each of the
following groups:
(A) Port districts, authorities, or terminal
operators.
(B) Shippers (of whom at least one shall be
engaged in the shipment of oil or hazardous
materials by barge).
(8) Two members representing the general
public.
(b) Appointments; Chairman, Vice Chairman,
and observers; publication in Federal Register
The Secretary of the department in which the
Coast Guard is operating (hereinafter referred to
as the ‘‘Secretary’’) shall appoint the members
of the Committee. The Secretary shall designate
one of the members of the Committee as the
Chairman and one of the members as the Vice
Chairman. The Vice Chairman shall act as
Chairman in the absence or incapacity of, or in
the event of a vacancy in the office of, the
Chairman. The Secretary may request the Secretary of the Army and the Secretary of Commerce to each designate a representative to participate as an observer on the Committee. The
Secretary shall, not less often than once a year,
publish notice in the Federal Register for solicitation of nominations for membership on the
Committee.
(c) Functions; meetings; public proceedings and
records; disclosures to Congress
The Committee shall advise, consult with, and
make recommendations to the Secretary on
matters relating to shallow-draft inland and
coastal waterway navigation and towing safety.
Any advice or recommendation made by the
Committee to the Secretary shall reflect the
independent judgment of the Committee on the
matter concerned. The Secretary shall consult
with the Committee before taking any significant action affecting shallow-draft inland and
coastal waterway navigation and towing safety.
The Committee shall meet at the call of the
Secretary, but in any event not less than once
during each calendar year. All proceedings of
the Committee shall be open to the public, and
a record of the proceedings shall be made available for public inspection. The Committee is authorized to make available to Congress any information, advice, and recommendations which
the Committee is authorized to give to the Secretary.
(d) Compensation and travel expenses; administrative services; personnel; authorization of
appropriations
Members of the Committee who are not officers or employees of the United States shall
serve without pay and members of the Committee who are officers or employees of the United
States shall receive no additional pay on ac1 So

in original.