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 certificate, the Secretary shall notify the owner or oper- ator of each vessel transporting passengers under subsection (b) to terminate that trans- portation within 270 days after the Secretary’s notification. Except as provided in subsection (d), the authority to transport passengers under subsection (b) expires at the end of that 270-day period. (2) WHEN NON-COASTWISE-QUALIFIED VESSEL OFFERING SERVICE.—On a showing to the Sec- retary, by the vessel owner or charterer, that a United States passenger vessel not qualified to engage in the coastwise trade is offering or advertising passenger service between a port in Puerto Rico and another port in the United States pursuant to a certificate, the Secretary shall notify the owner or operator of each for- eign vessel transporting passengers under sub- section (b) to terminate that transportation within 270 days after the Secretary’s notifica- tion. Except as provided in subsection (d), the authority of a foreign vessel to transport pas- sengers under subsection (b) expires at the end of that 270-day period. (d) DELAYING EXPIRATION.—If the vessel offer- ing or advertising the service described in sub- section (c) has not begun that service within 270 days after the Secretary’s notification, the expi- ration provided by subsection (c) is delayed until 90 days after the vessel offering or adver- tising the service begins that service. (e) REINSTATEMENT OF EXEMPTION.—If the Sec- retary finds that the service on which an expira- tion was based is no longer available, the ex- pired authority to transport passengers is rein- stated. (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1633.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 55104(a)(1) .. 46 App.:289c(b) (re- lated to meaning of certificate). Pub. L. 98–563, Oct. 30, 1984, 98 Stat. 2916. 55104(a)(2) .. 46 App.:289c(e). 55104(b) ...... 46 App.:289c(a). 55104(c) ...... 46 App.:289c(b). 55104(d) ...... 46 App.:289c(c). 55104(e) ...... 46 App.:289c(d). In subsection (a), the definition of ‘‘certificate’’ is added based on the language in 46 App. U.S.C. 289c(b)(1) and (2) to avoid repeating the substance of the defini- tion twice in the section. In subsection (b), the words ‘‘Notwithstanding any other provision of law’’ and ‘‘directly or by way of a foreign port’’ are omitted as unnecessary. § 55105. Transportation of hazardous waste (a) IN GENERAL.—The transportation of haz- ardous waste, as defined in section 1004(5) of the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6903(5)), from a point in the United States to sea for incineration is deemed to be transportation of merchandise under section 55102 of this title. (b) NONAPPLICATION TO CERTAIN FOREIGN VES- SELS.— (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 EQUIP- MENT.—Incineration equipment on a vessel de- scribed in paragraph (1) must meet standards of the Coast Guard and the Environmental Protection Agency. (3) INSPECTION.—A vessel described in para- graph (1) shall be inspected by the Coast Guard, regardless of whether inspected by the nation in which it is registered. The inspec- tion shall be the same as would be required of a vessel of the United States, including dry- dock 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 Cer- tificate. 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 evalu- ating the current condition of the hull and su- perstructure. The Coast Guard shall allow the substitution of fittings, material, apparatus, equipment, and appliances different from those required for vessels of the United States 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