178 
‘‘(4) the Virgin Islands until the President declares by proclamation 
that the coastwise laws apply to the Virgin Islands. 
‘‘§ 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 provided in this chapter or 
chapter 121 of this title, a vessel may not provide any part of the transpor-
tation 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 Sec-
retary 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. 
‘‘§ 55103. Transportation of passengers 
‘‘(a) IN GENERAL.—Except as otherwise provided in this chapter or chap-
ter 121 of this title, a vessel may not transport passengers between ports 
or places 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 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. 
‘‘(b) PENALTY.—The penalty for violating subsection (a) is $300 for each 
passenger transported and landed. 
‘‘§ 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 fi-
nancial responsibility for indemnification of passengers for nonperform-
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ance of transportation issued by the Federal Maritime Commission 
under section 44102 of this title. 
‘‘(2) PASSENGER VESSEL.—The term ‘passenger vessel’ means a ves-
sel of similar size, or offering similar service, as any other vessel trans-
porting 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 be-
tween a port in Puerto Rico and another port in the United States. 
‘‘(c) EXPIRATION OF EXEMPTION.— 
‘‘(1) WHEN COASTWISE-QUALIFIED VESSEL OFFERING SERVICE.—On 
a showing to the Secretary of the department in which the Coast Guard 
is operating, by the vessel owner or charterer, that a United States 
passenger vessel qualified to engage in the coastwise trade is offering 
or advertising passenger service between a port in Puerto Rico and an-
other port in the United States pursuant to a certificate, the Secretary 
shall notify the owner or operator of each vessel transporting pas-
sengers under subsection (b) to terminate that transportation within 
270 days after the Secretary’s notification. Except as provided in sub-
section (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
SERV-
ICE.—On a showing to the Secretary, 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 
foreign vessel transporting passengers under subsection (b) to termi-
nate 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 passengers under subsection (b) expires at the end 
of that 270-day period. 
‘‘(d) DELAYING EXPIRATION.—If the vessel offering or advertising the 
service described in subsection (c) has not begun that service within 270 
days after the Secretary’s notification, the expiration provided by subsection 
(c) is delayed until 90 days after the vessel offering or advertising the serv-
ice begins that service. 
‘‘(e) REINSTATEMENT OF EXEMPTION.—If the Secretary finds that the 
service on which an expiration was based is no longer available, the expired 
authority to transport passengers is reinstated. 
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‘‘§ 55105. Transportation of hazardous waste 
‘‘(a) IN GENERAL.—The transportation of hazardous 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 VESSELS.— 
‘‘(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 citi-
zens of the United States under section 50501(a)–(c) of this title. 
‘‘(2) STANDARDS
FOR
INCINERATION
EQUIPMENT.—Incineration 
equipment on a vessel described in paragraph (1) must meet standards 
of the Coast Guard and the Environmental Protection Agency. 
‘‘(3) INSPECTION.—A vessel described in paragraph (1) shall be in-
spected by the Coast Guard, regardless of whether inspected by the na-
tion in which it is registered. The inspection shall be the same as would 
be required of a vessel of the United States, including drydock inspec-
tion 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 Certificate. 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 evaluating the current condition of the hull and super-
structure. The Coast Guard shall allow the substitution of fittings, ma-
terial, apparatus, equipment, and appliances different from those re-
quired for vessels of the United States 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 the department in which the Coast 
Guard is operating. 
‘‘(c) EFFECTIVE DATE.—Subsection (a) is not effective until an appro-
priate vessel has been built and documented under chapter 121 of this title. 
‘‘§ 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 appli-
cation of section 55102 of this title to the transportation of merchandise 
that is transferred, 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 
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181 
another such barge owned or leased by the same owner or operator. How-
ever, this subsection does not apply to transportation between the conti-
nental 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 foreign registry only if the Secretary of Homeland Se-
curity finds, based on information from the Secretary of State, that the gov-
ernment of the nation of registry extends reciprocal privileges to vessels of 
the United States. 
‘‘§ 55107. Empty cargo containers and barges 
‘‘(a) IN GENERAL.—Subject to subsections (b) and (c), and on terms and 
conditions the Secretary 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 (except propulsion equipment) for use with those 
barges; 
‘‘(4) empty instruments for international traffic exempted from the 
customs laws under section 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 op-
erator of the vessel and transported for its use in handling its cargo 
in foreign trade. 
‘‘(2) PARAGRAPH (5).—Paragraph (5) of subsection (a) applies only 
if the items named are— 
‘‘(A) owned or leased by the owner or operator of the vessel or 
by the stevedoring company 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 foreign registry only if the Secretary of Homeland Se-
curity finds, based on information from the Secretary of State, that the gov-
ernment of the nation of registry extends reciprocal privileges to vessels of 
the United States. 
‘‘§ 55108. Platform jackets 
‘‘(a) DEFINITIONS.—In this section: 
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182 
‘‘(1) COASTWISE QUALIFIED VESSEL.—The term ‘coastwise qualified 
vessel’ means a vessel that has been issued a certificate of documenta-
tion with a coastwise endorsement under chapter 121 of this title. 
‘‘(2) PLATFORM JACKET.—The term ‘platform jacket’ refers to a 
single physical component and includes any type of offshore explo-
ration, development, or production structure or component thereof, in-
cluding— 
‘‘(A) platform jackets; 
‘‘(B) tension leg or SPAR platform superstructures (including 
the deck, drilling rig and support utilities, and supporting struc-
ture); 
‘‘(C) hull (including vertical legs and connecting pontoons or 
vertical cylinder); 
‘‘(D) tower and base sections of a platform jacket; 
‘‘(E) jacket structures; and 
‘‘(F) deck modules (known as ‘topsides’). 
‘‘(b) AUTHORIZED TRANSPORTATION.—Section 55102 of this title does 
not apply to the transportation of a platform jacket in or on a non-coastwise 
qualified launch barge between two points in the United States, at one of 
which there is an installation or other device within the meaning of section 
4(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1333(a)), if— 
‘‘(1) the launch barge was built before December 31, 2000, and has 
a launch capacity of at least 12,000 long tons; and 
‘‘(2) the Secretary of Transportation makes a determination, in ac-
cordance with procedures established under subsection (c), that a suit-
able coastwise qualified vessel is not available for use in the transpor-
tation and, if needed, launch or installation of a platform jacket. 
‘‘(c) PROCEDURES TO MAXIMIZE USE OF COASTWISE QUALIFIED VES-
SELS.—The Secretary of Transportation shall adopt procedures imple-
menting this section that are reasonably designed to provide timely informa-
tion so as to maximize the use of coastwise qualified vessels. The procedures 
shall, among other things, establish that for purposes of this section, a 
coastwise qualified vessel shall be deemed to be not available only if— 
‘‘(1) on application by an owner or operator for the use of a non- 
coastwise qualified launch barge for transportation of a platform jacket 
under this section (which application shall include all relevant informa-
tion, including engineering details and timing requirements), the Sec-
retary promptly publishes a notice in the Federal Register— 
‘‘(A) describing the project and the platform jacket involved; 
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183 
‘‘(B) advising that all relevant information reasonably needed to 
assess the transportation requirements for the platform jacket will 
be made available to interested parties on request; and 
‘‘(C) requesting that information on the availability of coastwise 
qualified vessels be submitted within 30 days after publication of 
that notice; and 
‘‘(2)(A) no information is submitted to the Secretary within that 30 
day period; or 
‘‘(B) the owner or operator of a coastwise qualified vessel submits 
information to the Secretary asserting that the owner or operator has 
a suitable coastwise qualified vessel available for the transportation, but 
the Secretary determines, within 90 days after the notice is first pub-
lished, that the coastwise qualified vessel is not suitable or reasonably 
available for the transportation. 
‘‘§ 55109. Dredging 
‘‘(a) IN GENERAL.—Except as provided in subsection (b), a vessel may 
engage in dredging in the navigable waters of the United States only if— 
‘‘(1) the vessel is wholly owned by citizens of the United States for 
purposes of engaging in the coastwise trade; 
‘‘(2) the charterer, if any, is a citizen of the United States for pur-
poses of engaging in the coastwise trade; and 
‘‘(3) the vessel 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 certifi-
cate and endorsement. 
‘‘(b) DREDGING OF GOLD IN ALASKA.—A documented vessel with a reg-
istry endorsement may engage in the dredging of gold in Alaska. 
‘‘(c) PENALTY.—If a vessel is operated in knowing violation of this sec-
tion, the vessel and its equipment are liable to seizure by and forfeiture to 
the United States Government. 
‘‘§ 55110. Transportation of dredged material 
‘‘Section 55102 of this title applies to the transportation of valueless ma-
terial 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. 
‘‘§ 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— 
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‘‘(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 docu-
mentation but would otherwise be eligible for such a certificate and en-
dorsement. 
‘‘(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, re-
gardless of whether it has commercial value, from a point in the United 
States or on the high seas within the exclusive economic zone, to an-
other point in the United States or on the high seas within the exclu-
sive economic zone. 
‘‘(c) PENALTIES.— 
‘‘(1) OWNER AND MASTER.—The owner and master of a vessel tow-
ing another vessel in violation 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 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 ton-
nage of each towed vessel. 
‘‘§ 55112. Vessel escort operations and towing assistance 
‘‘(a) IN GENERAL.—Except in the case of a vessel in distress, only a ves-
sel of the United States may perform the following escort vessel operations 
within the navigable waters of the United States: 
‘‘(1) Operations that commence or terminate at a port or place in 
the United States. 
‘‘(2) Operations required by United States law or regulation. 
‘‘(3) Operations provided in whole or in part within or through navi-
gation facilities owned, maintained, or operated by the United States 
Government or the approaches to those facilities, other than facilities 
operated by the St. Lawrence Seaway Development Corporation on the 
St. Lawrence River portion of the Seaway. 
‘‘(b) ESCORT VESSELS.—For purposes of this section, an escort vessel 
is— 
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185 
‘‘(1) any vessel that is assigned and dedicated to assist another ves-
sel, whether or not tethered to that vessel, solely as a safety precaution 
to assist in controlling the speed or course of the assisted vessel in the 
event of a steering or propulsion equipment failure, or any other simi-
lar emergency circumstance, or in restricted waters where additional 
assistance in maneuvering the vessel is required to ensure its safe oper-
ation; and 
‘‘(2) in the case of a vessel being towed under section 55111 of this 
title, any vessel that is assigned and dedicated to the vessel being towed 
in addition to any towing vessel required under that section. 
‘‘(c) RELATIONSHIP TO OTHER LAW.—This section does not affect sec-
tion 55111 of this title. 
‘‘(d) PENALTY.—A person violating this section is liable to the Govern-
ment for a civil penalty of not more than $10,000 for each day during which 
the violation occurs. 
‘‘§ 55113. Use of foreign documented oil spill response ves-
sels 
‘‘Notwithstanding any other provision of law, an oil spill response vessel 
documented under the laws of a foreign country may operate in waters of 
the United States on an emergency and temporary basis, for the purpose 
of recovering, transporting, and unloading in a United States port oil dis-
charged as a result of an oil spill in or near those waters, if— 
‘‘(1) an adequate number and type of oil spill response vessels docu-
mented under the laws of the United States cannot be engaged to re-
cover oil from an oil spill in or near those waters in a timely manner, 
as determined by the Federal On-Scene Coordinator for a discharge or 
threat of a discharge of oil; and 
‘‘(2) the foreign country has by its laws accorded to vessels of the 
United States the same privileges accorded to vessels of the foreign 
country under this section. 
‘‘§ 55114. Unloading fish from foreign vessels 
‘‘(a) PROHIBITIONS.—Except as otherwise provided by this section or a 
treaty or convention to which the United States is a party, a foreign vessel 
may not unload, in a port of the United States— 
‘‘(1) its catch of fish taken on board on the high seas or fish prod-
ucts processed from that catch of fish; or 
‘‘(2) fish or fish products taken on board that vessel on the high seas 
from a vessel engaged in fishing operations or the processing of fish 
or fish products. 
‘‘(b) REGULATIONS
ON OBTAINING INFORMATION.—The Secretary of 
Commerce may prescribe regulations the Secretary considers necessary to 
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obtain information on the transportation of fish products by vessels of the 
United States for foreign fish processing vessels to points in the United 
States. 
‘‘(c) VIRGIN ISLANDS.— 
‘‘(1) IN GENERAL.—A foreign vessel of not more than 50 feet overall 
in length may unload its catch of fresh fish (whole or with the heads, 
viscera, or fins removed, but not frozen, otherwise processed, or further 
advanced) in a port of the Virgin Islands for immediate consumption 
in those islands. Fish unloaded under this paragraph may be sold or 
transferred only for immediate consumption. In the absence of satisfac-
tory evidence that a sale or transfer to an agent, representative, or em-
ployee of a freezer or cannery is for immediate consumption, the sale 
or transfer is deemed not to be for immediate consumption. This para-
graph does not prohibit the freezing, smoking, or other processing of 
fresh fish by the ultimate consumer of the fish. 
‘‘(2) SEIZURE, FORFEITURE, AND PENALTY.—Fish unloaded in the 
Virgin Islands that are retained, sold, or transferred, except as allowed 
by paragraph (1), are liable to seizure by and forfeiture to the United 
States Government. A person retaining, selling, transferring, buying, or 
receiving the fish is liable to the Government for a civil penalty of not 
more than $1,000 for each violation. A penalty or forfeiture under this 
paragraph may be compromised, modified, or remitted under section 
2107(b) of this title. 
‘‘(d) NORTHERN MARIANA ISLANDS.—Subsection (a) does not apply to 
the Northern Mariana Islands. 
‘‘§ 55115. Supplies on fish processing vessels 
‘‘Section 55102 of this title does not apply to supplies aboard a United 
States documented fish processing vessel that are necessary and used for 
processing or assembling fishery products aboard such a vessel. 
‘‘§ 55116. Canadian rail lines 
‘‘Section 55102 of this title does not apply to the transportation of mer-
chandise between points in the continental United States, including Alaska, 
over through routes in part over Canadian rail lines and connecting water 
facilities if the routes are recognized by the Surface Transportation Board 
and rate tariffs for the routes have been filed with the Board. 
‘‘§ 55117. Great Lakes rail route 
‘‘Section 55102 of this title does not apply to the transportation of mer-
chandise loaded on a railroad car or to a motor vehicle with or without a 
trailer, and with its passengers or contents when accompanied by the oper-
ator, when the railroad car or motor vehicle is transported in a railroad car 
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