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46 U.S.C. § 55110 — Transportation of valueless material or dredged material
Federal law — U.S. Code and appendices · legal_authorities
[Section 55102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55102&num=0&edition=prelim) applies to the transportation of valueless material or dredged material, regardless of whether it has commercial value, from a point in the United States or on the high seas within the exclusive economic zone, to another point in the United States or on the high seas within the exclusive economic zone.
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Stable record: federal_law:legal_authorities:record_usc_eacb78a3f261bc15d26c8b23
Source file: Laws/federal/codes/united-states-code/title-46/section-55110-transportation-of-valueless-material-or-dredged-material--2cb32d4c47.md
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Source location: Title 46, Chapter 551, § 55110; chapter-551-coastwise-trade.md
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[Section 55102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55102&num=0&edition=prelim) applies to the transportation of valueless material or dredged material, regardless of whether it has commercial value, from a point in the United States or on the high seas within the exclusive economic zone, to another point in the United States or on the high seas within the exclusive economic zone.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Prohibition.—** A subsidy may not be awarded or paid to a contractor under the operating-differential subsidy program, and a vessel may not be chartered to a person under chapter 575 of this title, if the contractor or charterer, or a holding company, subsidiary, affiliate, or associate of the contractor or charterer, or an officer, director, agent, or executive thereof, directly or indirectly—
(1) owns, charters, or operates a vessel engaged in the domestic intercoastal or coastwise service; or
(2) owns a pecuniary interest in a person that owns, charters, or operates a vessel in the domestic intercoastal or coastwise service.
**(b) Waiver.—** A person may apply to the Secretary of Transportation for a waiver of subsection (a). Before deciding on the waiver, the Secretary shall give the applicant and other interested persons an opportunity for a hearing. The Secretary may not grant the waiver if the Secretary finds it would—
(1) result in unfair competition to a person operating exclusively in the domestic intercoastal or coastwise service; or
(2) be prejudicial to the objectives and policy of this subtitle.
**(c) Continuous Operation Since 1935.—** The Secretary shall grant an application under subsection (b) without requiring further proof that the public interest and convenience will be served and without further proceedings as to the competition in the route or trade, if the contractor or other person, or a predecessor in interest, was in bona-fide operation as a common carrier by water in the domestic intercoastal or coastwise trade in 1935 over the route or in the trade for which the application is made and has so operated since that time or, if engaged in furnishing seasonal service only, was in bona-fide operation in 1935 during the season ordinaril
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 58101
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 55102
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this chapter—
(1) The term “coastal zone” means the coastal waters (including the lands therein and thereunder) and the adjacent shorelands (including the waters therein and thereunder), strongly influenced by each other and in proximity to the shorelines of the several coastal states, and includes islands, transitional and intertidal areas, salt marshes, wetlands, and beaches. The zone extends, in Great Lakes waters, to the international boundary between the United States and Canada and, in other areas, seaward to the outer limit of State title and ownership under the Submerged Lands Act ([43 U.S.C. 1301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1301&num=0&edition=prelim) et seq.), the Act of March 2, 1917 ([48 U.S.C. 749](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section749&num=0&edition=prelim)) [[48 U.S.C. 731](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section731&num=0&edition=prelim) et seq.], the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, as approved by the Act of March 24, 1976 [[48 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section1801&num=0&edition=prelim) et seq.], or section 1 of the Act of November 20, 1963 ([48 U.S.C. 1705](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section1705&num=0&edition=prelim)), as applicable. The zone extends inland from the shorelines only to the extent necessary to control shorelands, the uses of which have a direct and significant impact on the coastal waters, and to control those geographical areas which are likely to be affected by or vulnerable to sea level rise. Excluded from the
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1453
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this section:
(1) **Bowaters corporation.—** — The term “Bowaters corporation” means a corporation that has filed a certificate under oath with the Secretary, in the form and at the times prescribed by the Secretary, establishing that—
(A) the corporation is incorporated under the laws of the United States or a State;
(B) a majority of the officers and directors of the corporation are individuals who are citizens of the United States;
(C) at least 90 percent of the employees of the corporation are residents of the United States;
(D) the corporation is engaged primarily in a manufacturing or mineral industry in the United States;
(E) the total book value of the vessels owned by the corporation is not more than 10 percent of the total book value of the assets of the corporation; and
(F) the corporation buys or produces in the United States at least 75 percent of the raw materials used or sold in its operations.
(2) **Parent.—** — The term “parent” means a corporation that has filed a certificate under oath with the Secretary, in the form and at the times prescribed by the Secretary, establishing that the corporation—
(A) is incorporated under the laws of the United States or a State; and
(B) controls, directly or indirectly, at least 50 percent of the voting stock of a Bowaters corporation.
(3) **Subsidiary.—** — The term “subsidiary” means a corporation that has filed a certificate under oath with the Secretary, in the form and at the times prescribed by the Secretary, establishing that the corporation—
(A) is incorporated under the laws of the United States or a State; and
(B) has at least 50 percent of its voting stock controlled, directly or indirectly, by a Bowaters corporation or its parent.
**(b) Deemed Cit
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 12118
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Except when towing a vessel in distress, a vessel may not do any part of any towing described in subsection (b) unless the towing 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 of this title or is exempt from documentation but would otherwise be eligible for such a certificate and endorsement.
**(b) Applicable Towing.—** Subsection (a) applies to the towing of—
(1) a vessel between ports or places in the United States to which the coastwise laws apply, either directly or via a foreign port or place;
(2) a vessel from point to point within the harbors of ports or places to which the coastwise laws apply; or
(3) a vessel transporting valueless material or dredged material, regardless of whether it has commercial value, from a point in the United States or on the high seas within the exclusive economic zone, to another point in the United States or on the high seas within the exclusive economic zone.
**(c) Penalties.—**
(1) **Owner and master.—** — The owner and master of a vessel towing another vessel in violation of this section are each liable for a penalty of at least $350 but not more than $1,100. A penalty under this paragraph constitutes a lien on the vessel. The lien is enforceable in a district court of the United States for any district in which the vessel is found. Clearance may not be granted to the vessel until the penalties have been paid.
(2) **Vessel.—** — In addition to the penalties under paragraph (1), the towing vessel is liable for a penalty of $60 per ton based on the tonnage of each towed vessel.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 55111
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Federal law — U.S. Code and appendices · legal_authorities
Page 479
TITLE 46—SHIPPING
§ 55110
eligible for such a certificate and endorse-
ment.
(b) DREDGING
OF GOLD
IN ALASKA.—A docu-
mented vessel with a registry endorsement may
engage in the dredging of gold in Alaska.
(c) PENALTY.—If a vessel is operated in know-
ing violation of this section, the vessel and its
equipment are liable to seizure by and forfeiture
to the United States Government.
(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1637.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
55109 ..........
46 App.:292.
May 28, 1906, ch. 2566, § 1, 34
Stat. 204; Pub. L. 102–87,
title V, § 5501(a)(1), Nov. 4,
1992, 106 Stat. 5084.
Subsection (a)(1) is substituted for ‘‘(1) the vessel
meets the requirements of section 883 of this Appendix
and sections 802 and 803 of this Appendix for engaging
in the coastwise trade’’ for consistency with other sec-
tions of the revised title and to eliminate unnecessary
words. Section 883 requires (among other things) that
the vessel be owned by citizens of the United States,
and section 802 contains the requirements for certain
entities to qualify as citizens. Those requirements are
restated in section 50501 which applies to this section.
Section 883 also requires that the vessel be built in and
documented under the laws of the United States. Those
latter two requirements are covered by subsection
(a)(3). Note that the build requirement is a requirement
for a coastwise endorsement.
In subsection (a)(3), the words ‘‘or is exempt from
documentation but would otherwise be eligible for such
a certificate and endorsement’’ are added for consist-
ency with section 12102 as revised by the bill.
[H.R. Rep. No. 109–170, at 180 (2005) provided: Section
17(i) of the bill
Source: Supplied 2024 U.S. Code historical extraction · 46 U.S.C. § 55110
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.