(a) To 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 to protect the navigable waters and the resources therein from harm resulting from vessel or structure damage, destruction, or loss, each District Commander or Captain of the Port may:
(1) Direct the handling, loading, unloading, storage, and movement (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 46 U.S.C. 2101 on any structure on or in the navigable waters of the United States, or any land structure or shore area immediately adjacent to those waters; and
(2) Conduct examinations to assure compliance with the safety equipment requirements for structures.
[CGD 79-026, 48 FR 35404, Aug. 4, 1983, as amended by USCG-1998-3799, 63 FR 35531, June 30, 1998]
Notes of Decisions
Martin Operating P'ship, L.P. v. United States, 616 F. App'x 688 (5th Cir. 2015).
· cites it 4× “§ 127 applied was based on mistaken facts, but she explained that, at the time, because the John Zink, flare system had not been certified for use in a marine environment, she “felt it was necessary to exercise my Captain of the Port Authority to prevent damage to the port in…”
Martin Operating P'ship v. United States, 119 F. Supp. 3d 566 (S.D. Tex. 2014).
· cites it 2× “Additionally, 33 C.F.R. § 160.109 states that the District Commander or the Captain of the Port may direct the movement of “hazardous material” to prevent harm to the waterways, or adjacent shores and land structures.”
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