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46 U.S.C. § 55105 — Transportation of hazardous waste

Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 55105 — Transportation of hazardous waste

**(a) In General.—** The transportation of hazardous waste, as defined in section 1004(5) of the Resource Conservation and Recovery Act of 1976 ([42 U.S.C. 6903(5)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6903/5&num=0&edition=prelim)), from a point in the United States to sea for incineration is deemed to be transportation of merchandise under [section 55102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55102&num=0&edition=prelim). **(b) Nonapplication to Certain Foreign Vessels.—** (1) **In general.—** — Subsection (a) does not apply to transportation performed by a foreign ocean incineration vessel owned by or under construction on May 1, 1982, for a corporation wholly owned by citizens of the United States under section 50501(a)–(c) of this title. (2) **Standards for incineration equipment.—** — Incineration equipment on a vessel described in paragraph (1) must meet standards of the Coast Guard and the Environmental Protection Agency. (3) **Inspection.—** — A vessel described in paragraph (1) shall be inspected by the Coast Guard, regardless of whether inspected by the nation in which it is registered. The inspection shall be the same as would be required of a vessel of the United States, including drydock inspection and internal examination of tanks and void spaces. The inspection may be made concurrently with an inspection by that nation or within one year after the initial issuance or next scheduled issuance of the Safety of Life at Sea Safety Construction Certificate. In making the inspection, the Coast Guard shall refer to the condition of the hull and superstructure established by the initial foreign certification as the basis for evaluating the current condition of the hull an

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Source location: Title 46, Chapter 551, § 55105; chapter-551-coastwise-trade.md

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 55102 — Transportation of merchandise

**(a) Definition.—** In this section, the term “merchandise” includes— (1) merchandise owned by the United States Government, a State, or a subdivision of a State; and (2) valueless material. **(b) Requirements.—** Except as otherwise provided in this chapter or chapter 121 of this title, a vessel may not provide any part of the transportation of merchandise by water, or by land and water, between points in the United States to which the coastwise laws apply, either directly or via a foreign port, unless the vessel— (1) is wholly owned by citizens of the United States for purposes of engaging in the coastwise trade; and (2) has been issued a certificate of documentation with a coastwise endorsement under chapter 121 or is exempt from documentation but would otherwise be eligible for such a certificate and endorsement. **(c) Penalty.—** Merchandise transported in violation of subsection (b) is liable to seizure by and forfeiture to the Government. Alternatively, an amount equal to the value of the merchandise (as determined by the Secretary of Homeland Security) or the actual cost of the transportation, whichever is greater, may be recovered from any person transporting the merchandise or causing the merchandise to be transported.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 101 — Agency

In this title, the term “agency” means a department, agency, or instrumentality of the United States Government.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6903 — Definitions

As used in this chapter: (1) The term “Administrator” means the Administrator of the Environmental Protection Agency. (2) The term “construction,” with respect to any project of construction under this chapter, means (A) the erection or building of new structures and acquisition of lands or interests therein, or the acquisition, replacement, expansion, remodeling, alteration, modernization, or extension of existing structures, and (B) the acquisition and installation of initial equipment of, or required in connection with, new or newly acquired structures or the expanded, remodeled, altered, modernized or extended part of existing structures (including trucks and other motor vehicles, and tractors, cranes, and other machinery) necessary for the proper utilization and operation of the facility after completion of the project; and includes preliminary planning to determine the economic and engineering feasibility and the public health and safety aspects of the project, the engineering, architectural, legal, fiscal, and economic investigations and studies, and any surveys, designs, plans, working drawings, specifications, and other action necessary for the carrying out of the project, and (C) the inspection and supervision of the process of carrying out the project to completion. (2A) The term “demonstration” means the initial exhibition of a new technology process or practice or a significantly new combination or use of technologies, processes or practices, subsequent to the development stage, for the purpose of proving technological feasibility and cost effectiveness. (3) The term “disposal” means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or haz

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6903 — Definitions

Page 6924 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6903 Subsec. (a)(4) to (11). Pub. L. 98–616, § 101(b)(2), struck out par. (4) which provided for regulating the treat- ment, storage, transportation, and disposal of haz- ardous wastes which have adverse effects on health and the environment, added pars. (4) to (7), and redesig- nated former pars. (5) to (8) as (8) to (11), respectively. Subsec. (b). Pub. L. 98–616, § 101(b)(1), added subsec. (b). § 6903. Definitions As used in this chapter: (1) The term ‘‘Administrator’’ means the Ad- ministrator of the Environmental Protection Agency. (2) The term ‘‘construction,’’ with respect to any project of construction under this chapter, means (A) the erection or building of new struc- tures and acquisition of lands or interests there- in, or the acquisition, replacement, expansion, remodeling, alteration, modernization, or exten- sion of existing structures, and (B) the acquisi- tion and installation of initial equipment of, or required in connection with, new or newly ac- quired structures or the expanded, remodeled, altered, modernized or extended part of existing structures (including trucks and other motor ve- hicles, and tractors, cranes, and other machin- ery) necessary for the proper utilization and op- eration of the facility after completion of the project; and includes preliminary planning to determine the economic and engineering feasi- bility and the public health and safety aspects of the project, the engineering, architectural, legal, fiscal, and economic investigations and studies, and any surveys, designs, plans, work- ing drawings, specifications, and other action necessary for the carrying out of the project, and (C) the inspection and supervision of the process of carrying out the proj

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 55105 — Transportation of hazardous waste

Page 476 TITLE 46—SHIPPING § 55104 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 55103 .......... 46 App.:289. June 19, 1886, ch. 421, § 8, 24 Stat. 81; Feb. 17, 1898, ch. 26, § 2, 30 Stat. 248. This section is substituted for the source provision for consistency with section 55102. See 19 C.F.R. §§ 4.80, 4.80a (2004). In subsection (b), the penalty amount reflects the ad- justment for inflation pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note). See 19 C.F.R. § 4.80(b)(2) (2004). § 55104. Transportation of passengers between Puerto Rico and other ports in the United States (a) DEFINITIONS.—In this section: (1) CERTIFICATE.—The term ‘‘certificate’’ means a certificate of financial responsibility for indemnification of passengers for non- performance of transportation issued by the Federal Maritime Commission under section 44102 of this title. (2) PASSENGER VESSEL.—The term ‘‘pas- senger vessel’’ means a vessel of similar size, or offering similar service, as any other vessel transporting passengers under subsection (b). (b) EXEMPTION.—Except as otherwise provided in this section, a vessel not qualified to engage in the coastwise trade may transport passengers between a port in Puerto Rico and another port in the United States. (c) EXPIRATION OF EXEMPTION.— (1) WHEN COASTWISE-QUALIFIED VESSEL OF- FERING SERVICE.—On a showing to the Sec- retary of the department in which the Coast Guard is operating, by the vessel owner or charterer, that a United States passenger ves- sel qualified to engage in the coastwise trade is offering or advertising passenger service be- tween a port in Puerto Rico and another port in the United States pursuant to a certific

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