46 U.S.C. § 55106 — Merchandise transferred between barges

Page 477 TITLE 46—SHIPPING § 55107 if satisfied they are equivalent and at least as effective as those required for vessels of the United States. A satisfactory inspection under this paragraph shall be certified in writing by the Secretary of Homeland Security. (c) EFFECTIVE DATE.—Subsection (a) is not ef- fective until an appropriate vessel has been built and documented under chapter 121 of this title. (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1634; Pub. L. 109–241, title IX, § 902(o), July 11, 2006, 120 Stat. 569; Pub. L. 110–181, div. C, title XXXV, § 3525(a)(4), (b), Jan. 28, 2008, 122 Stat. 601.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 55105 .......... 46 App.:883 (2d–6th sentences, last sentence less pro- visos). June 5, 1920, ch. 250, § 27 (2d–6th sentences, last sentence less provisos), 41 Stat. 999; July 2, 1935, ch. 355, 49 Stat. 442; Pub. L. 97–389, title V, § 502, Dec. 29, 1982, 96 Stat. 1954. In subsection (a), the words ‘‘after December 31, 1983’’ are omitted as obsolete. The words ‘‘transportation of merchandise under section 55102 of this title’’ are sub- stituted for ‘‘For the purposes of this section’’ and ‘‘transportation by water of merchandise between points in the United States’’ for consistency with sec- tion 55102. In subsection (b)(2), the words ‘‘all current’’ are omit- ted as surplus. Subsection (c) is substituted for ‘‘or after such time as an appropriate vessel has been constructed and docu- mented as a vessel of the United States’’ to improve the organization. Editorial Notes REFERENCES IN TEXT Section 1004(5) of the Resource Conservation and Re- covery Act of 1976 (42 U.S.C. 6903(5)), referred to in sub- sec. (a), probably means section 1004(5) of the Solid Waste Disposal Act (42 U.S.C. 6903(5)), as added by sec- tion 2 of the Resource Conservation and Recovery Act of 1976, Pub. L. 94–580. AMENDMENTS 2008—Pub. L. 110–181, § 3525(b), repealed Pub. L. 109–241, § 902(o). See 2006 Amendment note below. Subsec. (b)(3). Pub. L. 110–181, § 3525(a)(4), incor- porated the substance of the amendment by Pub. L. 109–241, § 902(o), into this section by substituting ‘‘Sec- retary of Homeland Security’’ for ‘‘Secretary of the de- partment in which the Coast Guard is operating’’. See 2006 Amendment note below and section 18(a) of Pub. L. 109–304, set out as a Legislative Purpose and Construc- tion note preceding section 101 of this title. 2006—Pub. L. 109–241, § 902(o), which directed the amendment of section 883 of the former Appendix to this title from which this section was derived, was re- pealed by Pub. L. 110–181, § 3525(b). See 2008 Amendment note for subsec. (b)(3) and Historical and Revision notes above. § 55106. Merchandise transferred between barges (a) IN GENERAL.—On terms and conditions the Secretary of Homeland Security may prescribe by regulation, the Secretary may suspend the application of section 55102 of this title to the transportation of merchandise that is trans- ferred, when moving in the foreign trade of the United States, from a barge certified by the owner or operator as designed specifically for carriage on a vessel and carried regularly on a vessel in foreign trade, to another such barge owned or leased by the same owner or operator. However, this subsection does not apply to transportation between the continental United States and noncontiguous States, territories, or possessions to which the coastwise laws apply. (b) RECIPROCITY REQUIREMENT FOR FOREIGN VESSELS.—This section applies to a vessel of for- eign registry only if the Secretary of Homeland Security finds, based on information from the Secretary of State, that the government of the nation of registry extends reciprocal privileges to vessels of the United States. (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1635.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 55106 .......... 46 App.:883 (7th pro- viso). June 5, 1920, ch. 250, § 27 (7th proviso), 41 Stat. 999; July 2, 1935, ch. 355, 49 Stat. 442; Pub. L. 92–163, § 1, Nov. 23, 1971, 85 Stat. 486. In subsection (a), the words ‘‘non-self-propelled’’ are omitted as unnecessary because of the definition of ‘‘barge’’ in chapter 1 of the revised title. The words ‘‘between points in the United States’’ and ‘‘without re- gard to whether any such barge is under foreign reg- istry or qualified to engage in the coastwise trade’’ are omitted as surplus. § 55107. Empty cargo containers and barges (a) IN GENERAL.—Subject to subsections (b) and (c), and on terms and conditions the Sec- retary of Homeland Security may prescribe by regulation, section 55102 of this title does not apply to the transportation of— (1) empty cargo vans, empty lift vans, or empty shipping tanks; (2) equipment for use with cargo vans, lift vans, or shipping tanks; (3) empty barges specifically designed for carriage aboard a vessel and equipment (ex- cept propulsion equipment) for use with those barges; (4) empty instruments for international traf- fic exempted from the customs laws under sec- tion 322(a) of the Tariff Act of 1930 (19 U.S.C. 1322(a)); or (5) stevedoring equipment and material. (b) CONDITIONS.— (1) PARAGRAPHS (1)–(4).—Paragraphs (1)–(4) of subsection (a) apply only if the items named are owned or leased by the owner or operator of the vessel and transported for its use in handling its cargo in foreign trade. (2) PARAGRAPH (5).—Paragraph (5) of sub- section (a) applies only if the items named are— (A) owned or leased by the owner or oper- ator of the vessel or by the stevedoring com- pany having the contract for the loading or unloading of the vessel; and (B) transported without charge for use in the handling of cargo in foreign trade. (c) RECIPROCITY REQUIREMENT FOR FOREIGN VESSELS.—This section applies to a vessel of for- eign registry only if the Secretary of Homeland Security finds, based on information from the Secretary of State, that the government of the