US (United States) Code. Title 46. Subtitle II: Vessels and Seamen. Chapter 47: Abandonment of barges

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Shipping. Inspection and regulation

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  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
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-CITE-

46 USC CHAPTER 47 - ABANDONMENT OF BARGES 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 47 - ABANDONMENT OF BARGES

-HEAD-

CHAPTER 47 - ABANDONMENT OF BARGES

-MISC1-

Sec.

4701. Definitions.

4702. Abandonment of barge prohibited.

4703. Penalty for unlawful abandonment of barge.

4704. Removal of abandoned barges.

4705. Liability of barge removal contractors.

-End-

-CITE-

46 USC Sec. 4701 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 47 - ABANDONMENT OF BARGES

-HEAD-

Sec. 4701. Definitions

-STATUTE-

In this chapter -

(1) "abandon" means to moor, strand, wreck, sink, or leave a

barge of more than 100 gross tons as measured under section 14502

of this title, or an alternate tonnage measured under section

14302 of this title as prescribed by the Secretary under section

14104 of this title unattended for longer than forty-five days.

(2) "barge removal contractor" means a person that enters into

a contract with the United States to remove an abandoned barge

under this chapter.

(3) "navigable waters of the United States" means waters of the

United States, including the territorial sea.

(4) "removal" or "remove" means relocation, sale, scrapping, or

other method of disposal.

-SOURCE-

(Added Pub. L. 102-587, title V, Sec. 5302, Nov. 4, 1992, 106 Stat.

5081; amended Pub. L. 104-324, title VII, Sec. 718, Oct. 19, 1996,

110 Stat. 3937.)

-MISC1-

AMENDMENTS

1996 - Par. (1). Pub. L. 104-324 inserted "as measured under

section 14502 of this title, or an alternate tonnage measured under

section 14302 of this title as prescribed by the Secretary under

section 14104 of this title" after "100 gross tons".

SHORT TITLE

Section 5301 of Pub. L. 102-587 provided that: "This subtitle

[subtitle C (Secs. 5301-5305) of title V of Pub. L. 102-587,

enacting this chapter, amending section 12301 of this title, and

enacting provisions set out below] may be cited as the 'Abandoned

Barge Act of 1992'."

APPLICATION TO CERTAIN BARGES

Section 5303 of title V of Pub. L. 102-587 provided that:

"Chapter 47 of title 46, United States Code, as added by subsection

(a) [section 5302], does not apply to a barge abandoned before June

11, 1992, if the barge was removed before the date that is 1 year

after the date of enactment of this title [Nov. 4, 1992]."

-EXEC-

TERRITORIAL SEA OF UNITED STATES

For extension of territorial sea of United States, see Proc. No.

5928, set out as a note under section 1331 of Title 43, Public

Lands.

-End-

-CITE-

46 USC Sec. 4702 01/06/03

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TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 47 - ABANDONMENT OF BARGES

-HEAD-

Sec. 4702. Abandonment of barge prohibited

-STATUTE-

(a) (!1) An owner or operator of a barge may not abandon it on

the navigable waters of the United States. A barge is deemed not to

be abandoned if -

(1) it is located at a Federally- or State-approved mooring

area;

(2) it is on private property with the permission of the owner

of the property; or

(3) the owner or operator notifies the Secretary that the barge

is not abandoned and the location of the barge.

-SOURCE-

(Added Pub. L. 102-587, title V, Sec. 5302, Nov. 4, 1992, 106 Stat.

5082.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4703 of this title.

-FOOTNOTE-

(!1) So in original. No subsec. (b) has been enacted.

-End-

-CITE-

46 USC Sec. 4703 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 47 - ABANDONMENT OF BARGES

-HEAD-

Sec. 4703. Penalty for unlawful abandonment of barge

-STATUTE-

Thirty days after the notification procedures under section

4704(a)(1) are completed, the Secretary may assess a civil penalty

of not more than $1,000 for each day of the violation against an

owner or operator that violates section 4702. A vessel with respect

to which a penalty is assessed under this chapter is liable in rem

for the penalty.

-SOURCE-

(Added Pub. L. 102-587, title V, Sec. 5302, Nov. 4, 1992, 106 Stat.

5082.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4704 of this title.

-End-

-CITE-

46 USC Sec. 4704 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 47 - ABANDONMENT OF BARGES

-HEAD-

Sec. 4704. Removal of abandoned barges

-STATUTE-

(a)(1) The Secretary may remove a barge that is abandoned after

complying with the following procedures:

(A) If the identity of the owner or operator can be determined,

the Secretary shall notify the owner or operator by certified

mail -

(i) that if the barge is not removed it will be removed at

the owner's or operator's expense; and

(ii) of the penalty under section 4703.

(B) If the identity of the owner or operator cannot be

determined, the Secretary shall publish an announcement in -

(i) a notice to mariners; and

(ii) an official journal of the county in which the barge is

located

that if the barge is not removed it will be removed at the

owner's or operator's expense.

(2) The United States, and any officer or employee of the United

States is not liable to an owner or operator for damages resulting

from removal of an abandoned barge under this chapter.

(b) The owner or operator of an abandoned barge is liable, and an

abandoned barge is liable in rem, for all expenses that the United

States incurs in removing an abandoned barge under this chapter.

(c)(1) The Secretary may, after providing notice under subsection

(a)(1), solicit by public advertisement sealed bids for the removal

of an abandoned barge.

(2) After solicitation under paragraph (1) the Secretary may

award a contract. The contract -

(A) may be subject to the condition that the barge and all

property on the barge is the property of the barge removal

contractor; and

(B) must require the barge removal contractor to submit to the

Secretary a plan for the removal.

(3) Removal of an abandoned barge may begin thirty days after the

Secretary completes the procedures under subsection (a)(1).

-SOURCE-

(Added Pub. L. 102-587, title V, Sec. 5302, Nov. 4, 1992, 106 Stat.

5082.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4703 of this title.

-End-

-CITE-

46 USC Sec. 4705 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 47 - ABANDONMENT OF BARGES

-HEAD-

Sec. 4705. Liability of barge removal contractors

-STATUTE-

(a)(1) (!1) A barge removal contractor and its subcontractor (!2)

not liable for damages that result from actions taken or omitted to

be taken in the course of removing a barge under this chapter.

(2) Paragraph (1) does not apply -

(A) with respect to personal injury or wrongful death; or

(B) if the contractor or subcontractor is grossly negligent or

engages in willful misconduct.

-SOURCE-

(Added Pub. L. 102-587, title V, Sec. 5302, Nov. 4, 1992, 106 Stat.

5083.)

-FOOTNOTE-

(!1) So in original. No subsec. (b) has been enacted.

(!2) So in original. Probably should be followed by "are".

-End-

-CITE-

46 USC Part C - Load Lines of Vessels 01/06/03

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TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part C - Load Lines of Vessels

-HEAD-

PART C - LOAD LINES OF VESSELS

-MISC1-

HISTORICAL AND REVISION NOTES

Part C contains provisions that apply to load lines. A load line

is a mark drawn on a vessel that indicates whether a vessel is

overloaded. Load line requirements for international voyages are

based not only on domestic law but also the 1966 International Load

Line Convention.

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 2113, 14305 of this title.

-End-