46 U.S.C. § 55101 — Application of coastwise laws

Page 474 TITLE 46—SHIPPING § 55101 out former subcl. (III), which read as follows: ‘‘environ- mental mitigation measures and operational improve- ments directly related to enhancing the efficiency of ports and intermodal connections to ports; or’’. Subsec. (a)(5)(A). Pub. L. 117–81, § 3513(b)(1)(C)(i), sub- stituted ‘‘or subsection (b)’’ for ‘‘or subsection (d)’’. Subsec. (a)(5)(B). Pub. L. 117–81, § 3513(b)(1)(C)(ii), sub- stituted ‘‘subsection (b)’’ for ‘‘subsection (d)’’. Subsec. (a)(6)(B)(iii). Pub. L. 117–81, § 3513(b)(1)(D), added cl. (iii). Subsec. (a)(7)(B). Pub. L. 117–81, § 3513(b)(1)(E)(i), sub- stituted ‘‘subsection (b)’’ for ‘‘subsection (d)’’ in two places and ‘‘25 percent’’ for ‘‘18 percent’’. Subsec. (a)(7)(C)(ii). Pub. L. 117–81, § 3513(b)(1)(E)(ii), substituted ‘‘subsection (b)(3)(A)(ii)(III)’’ for ‘‘sub- section (d)(3)(A)(ii)(III)’’. Subsec. (a)(8)(A). Pub. L. 117–81, § 3513(b)(1)(F)(i), sub- stituted ‘‘or subsection (b)’’ for ‘‘or subsection (d)’’. Subsec. (a)(8)(B). Pub. L. 117–81, § 3513(b)(1)(F)(ii), sub- stituted ‘‘subsection (b)’’ for ‘‘subsection (d)’’ in cls. (i) and (ii). Subsec. (a)(9), (10)(A). Pub. L. 117–81, § 3513(b)(1)(G), (H)(i), substituted ‘‘subsection (b)’’ for ‘‘subsection (d)’’ in introductory provisions. Subsec. (a)(10)(B) to (D). Pub. L. 117–81, § 3513(b)(1)(H)(ii), (iii), added subpar. (B) and redesig- nated former subpars. (B) and (C) as (C) and (D), respec- tively. Subsec. (a)(12). Pub. L. 117–81, § 3513(b)(1)(I)(i), sub- stituted ‘‘subsection (b)’’ for ‘‘subsection (d)’’ in intro- ductory provisions. Subsec. (a)(12)(D). Pub. L. 117–81, § 3513(b)(1)(I)(ii), added subpar. (D). Subsec. (b). Pub. L. 117–81, § 3513(b)(2)(A), substituted ‘‘Inland River’’ for ‘‘Inland’’ in heading. Pub. L. 117–81, § 3513(a)(2), redesignated subsec. (d) of section 50302 of this title as subsec. (b) of this section. See Codification note above. Subsec. (b)(1). Pub. L. 117–81, § 3513(b)(2)(B), sub- stituted ‘‘subsection (a)(7)(B)’’ for ‘‘subsection (c)(7)(B)’’. Subsec. (b)(3)(A)(ii)(III). Pub. L. 117–81, § 3513(b)(2)(C), substituted ‘‘subsection (a)(3)(B)’’ for ‘‘subsection (c)(3)(B)’’. Subsec. (b)(5)(A). Pub. L. 117–81, § 3513(b)(2)(D), sub- stituted ‘‘subsection (a)(8)(B)’’ for ‘‘subsection (c)(8)(B)’’ in introductory provisions. Subsec. (c). Pub. L. 117–81, § 3513(a)(2), redesignated subsec. (e) of section 50302 of this title as subsec. (c) of this section. See Codification note above. Subsec. (c)(3). Pub. L. 117–81, § 3513(b)(3), substituted ‘‘subsection (a) or subsection (b)’’ for ‘‘subsection (c) or subsection (d)’’ and ‘‘subsection (a)(2)’’ for ‘‘subsection (c)(2)’’. PART D—PROMOTIONAL PROGRAMS CHAPTER 551—COASTWISE TRADE Sec. 55101. Application of coastwise laws. 55102. Transportation of merchandise. 55103. Transportation of passengers. 55104. Transportation of passengers between Puerto Rico and other ports in the United States. 55105. Transportation of hazardous waste. 55106. Merchandise transferred between barges. 55107. Empty cargo containers and barges. 55108. Platform jackets. 55109. Dredging. 55110. Transportation of valueless material or dredged material. 55111. Towing. 55112. Vessel escort operations and towing assist- ance. 55113. Use of foreign documented oil spill response vessels. 55114. Unloading fish from foreign vessels. 55115. Supplies on fish processing vessels. 55116. Canadian rail lines. Sec. 55117. Great Lakes rail route. 55118. Foreign railroads whose road enters by ferry, tugboat, or towboat. 55119. Yukon River. 55120. Transshipment of imported merchandise in- tended for immediate exportation. 55121. Transportation of merchandise and pas- sengers on Canadian vessels. 55122. Floating dry docks. 55123. Priority loading for coal. Editorial Notes AMENDMENTS 2021—Pub. L. 116–283, div. A, title X, § 1024(b)(1)(B)(ii), Jan. 1, 2021, 134 Stat. 3842, added item 55123. 2014—Pub. L. 113–291, div. C, title XXXV, § 3502(b), Dec. 19, 2014, 128 Stat. 3904, added item 55122. 2008—Pub. L. 110–181, div. C, title XXXV, § 3527(b)(2), Jan. 28, 2008, 122 Stat. 602, inserted ‘‘valueless material or’’ before ‘‘dredged material’’ in item 55110. § 55101. Application of coastwise laws (a) IN GENERAL.—Except as provided in sub- section (b), the coastwise laws apply to the United States, including the island territories and possessions of the United States. (b) EXCEPTIONS.—The coastwise laws do not apply to— (1) American Samoa; (2) the Northern Mariana Islands, except as provided in section 502(b) of the Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America (48 U.S.C. 1801 note); or (3) the Virgin Islands until the President de- clares by proclamation that the coastwise laws apply to the Virgin Islands. (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1632; Pub. L. 110–181, div. C, title XXXV, § 3527(a), Jan. 28, 2008, 122 Stat. 602.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 55101(a) ...... 46 App.:877 (words before last pro- viso). June 5, 1920, ch. 250, § 21, 41 Stat. 997; Apr. 16, 1936, ch. 228, 49 Stat. 1207; Pub. L. 97–31, § 12(47), Aug. 6, 1981, 95 Stat. 157. 55101(b)(1) .. 48:1664. June 14, 1934, ch. 523, 48 Stat. 963. 55101(b)(2) .. 48:1801 note (Cov- enant § 503(b)). Pub. L. 94–241, § 1, Mar. 24, 1976, 90 Stat. 263; Pub. L. 98–213, § 9, Dec. 8, 1983, 97 Stat. 1461; Pub. L. 104–208, div. A, title I, § 101(d) [title I], Sept. 30, 1996, 110 Stat. 3009–196. 55101(b)(3) .. 46 App.:877 note. Proc. No. 3215, Dec. 12, 1957, 72 Stat. c19. 55101(b)(4) .. 46 App.:877 (last proviso). In subsection (a), the words ‘‘apply to the United States, including’’ are substituted for ‘‘extend to’’ for clarity. The words ‘‘From and after February 1, 1922’’ and ‘‘not covered thereby on June 5, 1920’’ are omitted as obsolete. The requirement to establish adequate steamship service to the island Territories and posses- sions is omitted as obsolete. Subsection (b)(2) is based on section 503(b) of the Cov- enant To Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America (48 U.S.C. 1801 note). Subsection (b)(3) is based on Proc. No. 3215, Dec. 12, 1957, 72 Stat. c19, which provided that the President, Page 475 TITLE 46—SHIPPING § 55103 ‘‘under and by virtue of the authority vested in me by the aforesaid section 21 of the Merchant Marine Act, 1920 [46 App. U.S.C. 877], do hereby declare and proclaim that the period for the establishment of an adequate shipping service for Canton Island is extended until fur- ther notice by proclamation of the President, and that the extension of the coastwise laws of the United States to Canton Island is deferred until it is declared by proclamation of the President that such adequate shipping service has been established’’. In subsection (b)(4), the words ‘‘and fix a date for the going into effect of same’’ are omitted as surplus. The provisos of 46 App. U.S.C. 877 relating to the Phil- ippine Islands are omitted as obsolete because of the independence of the Philippine Islands. See Proc. No. 2695, July 4, 1946, 60 Stat. 1352 (22 U.S.C. 1394 note). Editorial Notes REFERENCES IN TEXT Section 502(b) of the Covenant To Establish a Com- monwealth of the Northern Mariana Islands in Polit- ical Union With the United States of America, referred to in subsec. (b)(2), is contained in section 1 of Pub. L. 94–241, set out as a note under section 1801 of Title 48, Territories and Insular Possessions. AMENDMENTS 2008—Subsec. (b). Pub. L. 110–181 inserted ‘‘or’’ after semicolon at end of par. (2), redesignated par. (4) as (3), and struck out former par. (3) which read as follows: ‘‘Canton Island until the President declares by procla- mation that the coastwise laws apply to Canton Island; or’’. § 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 pro- vided in this chapter or chapter 121 of this title, a vessel may not provide any part of the trans- portation of merchandise by water, or by land and water, between points in the United States to which the coastwise laws apply, either di- rectly or via a foreign port, unless the 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 or is exempt from docu- mentation but would otherwise be eligible for such a certificate and endorsement. (c) PENALTY.—Merchandise transported in vio- lation of subsection (b) is liable to seizure by and forfeiture to the Government. Alter- natively, 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 re- covered from any person transporting the mer- chandise or causing the merchandise to be transported. (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1632.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 55102 .......... 46 App.:883 (words before 1st proviso, 11th proviso). June 5, 1920, ch. 250, § 27 (words before 1st proviso, 11th proviso), 41 Stat. 999; July 2, 1935, ch. 355, 49 Stat. 442; Pub. L. 95–410, title II, § 213, Oct. 3, 1978, 92 Stat. 904; Pub. L. 101–329 [100–329], § 1(a)(1), [§ 1(a)] June 7, 1988, 102 Stat. 588; Pub. L. 102–587, title V, § 5501(b), Nov. 4, 1992, 106 Stat. 5085. In subsection (a)(1), the words ‘‘(as defined in section 2101 of the [sic] title 46)’’ are omitted because the defi- nition of ‘‘State’’ is being moved to chapter 1 and will apply to the entire title. In subsection (b), the words ‘‘may not provide any part of the transportation of’’ are substituted for ‘‘No . . . shall be transported’’ and ‘‘or for any part of the transportation’’ because of the reorganization of the language. The words ‘‘including Districts, Territories, and possessions thereof’’ are omitted because of the definition of ‘‘United States’’ in chapter 1 of the revised title. The words ‘‘to which the coastwise laws apply’’ are substituted for ‘‘embraced within the coastwise laws’’ for consistency with section 55101. The words ‘‘is wholly owned by citizens of the United States for pur- poses of engaging in the coastwise trade’’ are sub- stituted for ‘‘owned by persons who are citizens of the United States’’, and the words ‘‘has been issued a cer- tificate of documentation with a coastwise endorse- ment under chapter 121’’ are substituted for ‘‘docu- mented under the laws of the United States’’, for clar- ity and consistency in the revised title. The words ‘‘or is exempt from documentation but would otherwise be eligible for such a certificate and endorsement’’ are added for consistency with section 12102 as revised by the bill. The requirement that the vessel be built in the United States is omitted from this section for consist- ency with the requirements for a coastwise endorse- ment, which also require that the vessel be built in the United States except in certain circumstances. The words ‘‘or vessels to which the privilege of engaging in the coastwise trade is extended by section 808 of this Appendix or section 22 of this Act’’ are omitted because the relevant portion of section 808, and section 22, have been repealed. In subsection (c), the words ‘‘any person’’ are sub- stituted for ‘‘any consignor, seller, owner, importer, consignee, agent, or other person or persons’’ to elimi- nate unnecessary words. § 55103. Transportation of passengers (a) IN GENERAL.—Except as otherwise provided in this chapter or chapter 121 of this title, a ves- sel may not transport passengers between ports or places 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 coast- wise trade; and (2) has been issued a certificate of docu- mentation with a coastwise endorsement under chapter 121 or is exempt from docu- mentation but would otherwise be eligible for such a certificate and endorsement. (b) PENALTY.—The penalty for violating sub- section (a) is $300 for each passenger transported and landed. (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1633.)