46 U.S.C. § 55110 — Transportation of valueless material or

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 [H.R. 1442, enacted as Pub. L. 109–304] amends section 5501(a) of the Oceans Act of 1992 (Public Law 102–587, 106 Stat. 5084) [see note above] by adding a new paragraph (3). The intent of this amendment is to maintain the status quo under paragraph (2) of sec- tion 5501(a) of that Act, as it exists prior to the enact- ment of this codification legislation. Section 55109 of title 46, United States Code, as contained in this bill, is intended as a codification without substantive change of section 1 of the Act of May 28, 1906, as amended (46 App. U.S.C. 292). Therefore, the exceptions from that latter provision, which currently exist under such para- graph (2), are intended to continue to exist to the same extent under new section 55109 of title 46. In addition, if the original intent of such paragraph (2) was that the restriction contained in the pre-1992 amended version of that 1906 provision continues to apply to the vessels, persons, and entities described in such paragraph (2), then that outcome is intended to remain unchanged by this legislation, despite the repeal by this legislation of that 1906 provision. No expression as to the original in- tent of such paragraph (2) is intended by this legisla- tion.] Statutory Notes and Related Subsidiaries NONAPPLICABILITY TO CERTAIN VESSELS Pub. L. 109–304, § 19, Oct. 6, 2006, 120 Stat. 1711, re- pealed section 1 of act May 28, 1906, ch. 2566, 34 Stat. 204 (section 292 of the former Appendix to this title, from which this section was derived), except as may be appli- cable under section 5501(a)(2) of Pub. L. 102–587, set out below. Pub. L. 102–587, title V, § 5501(a)(2), (3), Nov. 4, 1992, 106 Stat. 5084, as amended by Pub. L. 109–304, § 17(i), Oct. 6, 2006, 120 Stat. 1709, provided that: ‘‘(2) The amendment made by paragraph (1) [amend- ing section 292 of the former Appendix to this title, from which this section was derived] does not apply to— ‘‘(A)(i) the vessel STUYVESANT, official number 648540; ‘‘(ii) any other hopper dredging vessel documented under chapter 121 of title 46, United States Code be- fore the effective date of this Act [Nov. 4, 1992] and chartered to Stuyvesant Dredging Company or to an entity in which it has an ownership interest; how- ever, this exception expires on December 3, 2022 or when the vessel STUYVESANT ceases to be docu- mented under chapter 121, whichever first occurs; and ‘‘(iii) any other non-hopper dredging vessel docu- mented under chapter 121 and chartered to Stuyvesant Dredging Company or to an entity in which it has an ownership interest, as is necessary (a) to fulfill dredging obligations under a specific con- tract, including any extension periods; or (b) as tem- porary replacement capacity for a vessel which has become disabled but only for so long as the disability shall last and until the vessel is in a position to fully resume dredging operations; however, this exception expires on December 8, 2022 or when the vessel STUYVESANT ceases to be documented under chap- ter 121, whichever first occurs; ‘‘(B) the vessel COLUMBUS, official number 590658, except that the vessel’s certificate of documentation shall be endorsed to prohibit the vessel from engaging in the transportation of merchandise (except value- less material), including dredge material of value, be- tween places within the navigable waters of the United States; ‘‘(C) a vessel that is engaged in dredged material excavation if that excavation is not more than a mi- nority of the total cost of the construction contract in which the excavation is a single, integral part, and the vessel is— ‘‘(i) built in the United States; ‘‘(ii) a non-self-propelled mechanical clamshell dredging vessel; and ‘‘(iii) owned or chartered by a corporation that had on file with the Secretary of Transportation, on August 1, 1989, the certificate specified in sec- tion 27A of the Merchant Marine Act, 1920 (46 App. U.S.C. 883–1) [now 46 U.S.C. 12118]; or ‘‘(D) any other documented vessel engaged in dredg- ing and time chartered to an entity that, on August 1, 1989, was, and has continuously remained, the par- ent of a corporation that had on file with the Sec- retary of Transportation on August 1, 1989, a certifi- cate specified in section 27A of the Merchant Marine Act, 1920 (46 App. U.S.C. 883–1) [now 46 U.S.C. 12118] if the vessel is— ‘‘(i) not engaged in a federally funded navigation dredging project; and ‘‘(ii) engaged only in dredging associated with, and integral to, accomplishment of that parent’s regular business requirements. ‘‘(3) The exceptions provided by paragraph (2) shall apply under section 55109 of title 46, United States Code, to the same extent as under former section 1 of the Act of May 28, 1906 [section 292 of the former Appen- dix to this title, from which this section was derived], as amended by paragraph (1).’’ § 55110. Transportation of valueless material or dredged material Section 55102 of this title applies to the trans- portation of valueless material or dredged mate- rial, 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. (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1637; Pub. L. 110–181, div. C, title XXXV, § 3527(b)(1), Jan. 28, 2008, 122 Stat. 602.) Page 480 TITLE 46—SHIPPING § 55111 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 55110 .......... 46 App.:883 (12th proviso). June 5, 1920, ch. 250, § 27 (12th proviso), 41 Stat. 999; Pub. L. 100–329, § 1(a), June 7, 1988, 102 Stat. 588. The words ‘‘or place’’ are omitted as surplus. The words ‘‘as defined in the Presidential Proclamation of March 10, 1983’’ are omitted because ‘‘exclusive eco- nomic zone’’ is defined in chapter 1 of the revised title. Editorial Notes AMENDMENTS 2008—Pub. L. 110–181 inserted ‘‘valueless material or’’ before ‘‘dredged material’’ in section catchline. Statutory Notes and Related Subsidiaries NONAPPLICABILITY OF PUB. L. 100–329 TO CERTAIN VESSELS Pub. L. 102–587, title V, § 5501(c), Nov. 4, 1992, 106 Stat. 5085, provided that: ‘‘The Act of June 7, 1988 (Public Law 100–329; 102 Stat. 588) [amending sections 316 and 883 (from which this section was derived) of the former Appendix to this title and enacting provisions set out below], including the amendments made by that Act, does not apply to a vessel— ‘‘(1) engaged in the transportation of valueless ma- terial or valueless dredged material; and ‘‘(2) owned or chartered by a corporation that had on file with the Secretary of Transportation on Au- gust 1, 1989, the certificate specified in section 27A of the Merchant Marine Act, 1920 (46 App. U.S.C. 883–1) [now 46 U.S.C. 12118].’’ TRANSPORTATION OF MUNICIPAL SEWAGE SLUDGE Pub. L. 100–329, § 3, June 7, 1988, 102 Stat. 589, provided that: ‘‘Notwithstanding the provisions of section 1 of this Act [amending section 883 of the former Appendix to this title, from which this section was derived], a vessel may transport municipal sewage sludge if that vessel, regardless of where it was built, is documented under the laws of the United States and, on the date of enactment of this Act [June 7, 1988], that vessel— ‘‘(1) is in use by a municipality for the transpor- tation of sewage sludge; or ‘‘(2) is under contract with a municipality for the transportation of sewage sludge.’’ VESSEL UNDER CONTRACT WITH MUNICIPALITY FOR TRANSPORTATION OF SEWAGE SLUDGE: APPLICABILITY OF PROVISIONS Pub. L. 100–329, § 4, June 7, 1988, 102 Stat. 589, provided that: ‘‘For purposes of the first paragraph of section 805(a) of the Merchant Marine Act, 1936 (46 App. U.S.C. 1223(a)) [now 46 U.S.C. 58101], a vessel described in sec- tion 3(2) of this Act [set out as a note above] is not a vessel engaged in domestic intercoastal or coastwise service, but the prohibitions in the second paragraph apply to that vessel.’’ CERTIFICATE OF DOCUMENTATION TO VESSEL TRANS- PORTING VALUELESS MATERIAL IN COASTWISE TRADE, OR DREDGED MATERIAL, WHETHER OR NOT OF VALUE; ISSUANCE, ENDORSEMENT, ETC. Pub. L. 100–329, § 5, June 7, 1988, 102 Stat. 589, provided that: ‘‘Notwithstanding the provisions of section 1 of this Act [amending section 883 of the former Appendix to this title, from which this section was derived], the Secretary of the department in which the Coast Guard is operating may issue a certificate of documentation under section 12106 [see section 12112] of title 46, United States Code, to a vessel that— ‘‘(1) is engaged in transporting only valueless mate- rial in the coastwise trade or transporting dredged material, whether or not of value, (A) from a point or place on the high seas within the Exclusive Economic Zone as defined in the Presidential Proclamation of March 10, 1983 [16 U.S.C. 1453 note], to a point or place in the United States or to another point or place on the high seas within such Exclusive Economic Zone or (B) from a point or place within the United States to a point or place on the high seas within such Ex- clusive Economic Zone; ‘‘(2) had a certificate of documentation issued under section 12105 [see section 12111] of that title on Octo- ber 1, 1987; ‘‘(3) had been sold foreign or placed under a foreign registry before that certificate was issued; and ‘‘(4) was built in the United States; except that such certificate of documentation shall be endorsed to restrict the use of such vessel to the trans- portation of valueless material in the coastwise trade, and to the transportation of dredged material, whether or not of value, (i) from a point or place on the high seas within such Exclusive Economic Zone to a point or place in the United States or to another point or place on the high seas within such Exclusive Economic Zone, or (ii) from a point or place within the United States to a point or place on the high seas within such Exclu- sive Economic Zone.’’ § 55111. Towing (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 coast- wise trade; and (2) has been issued a certificate of docu- mentation 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 endorse- ment. (b) APPLICABLE TOWING.—Subsection (a) ap- plies 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 coast- wise 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 mas- ter of a vessel towing another vessel in viola- tion of this section are each liable for a pen- alty 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 dis- trict in which the vessel is found. Clearance may not be granted to the vessel until the pen- alties 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 ton- nage of each towed vessel. (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1637.)