19 CFR 4.80 - Vessels entitled to engage in coastwise trade.

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§ 4.80 Vessels entitled to engage in coastwise trade.
(a) No vessel shall transport, either directly or by way of a foreign port, any passenger or merchandise between points in the United States embraced within the coastwise laws, including points within a harbor, or merchandise for any part of the transportation between such points, unless it is:
(1) Owned by a citizen and is so documented under the laws of the United States as to permit it to engage in the coastwise trade;
(2) Owned by a citizen, is exempt from documentation, and is entitled to or, except for its tonnage, would be entitled to be documented with a coastwise endorsement.
(3) Owned by a partnership or association in which at least a 75 percent interest is owned by such a citizen, is exempt from documentation and is entitled to or, except for its tonnage, or citizenship of its owner, or both, would be entitled to be documented for the coastwise trade. The term “citizen” for vessel documentation purposes, whether for an individual, partnership, or corporation owner, is defined in 46 CFR 67.3.
(b) Penalties for violating coastwise laws.
(1) The penalty imposed for the illegal transportation of merchandise between coastwise points is forfeiture of the merchandise or, in the discretion of the port director, forfeiture of a monetary amount up to the value of the merchandise to be recovered from the consignor, seller, owner, importer, consignee, agent, or other person or persons so transporting or causing the merchandise to be transported (46 U.S.C. 55102).
(2) The penalty imposed for the unlawful transportation of passengers between coastwise points is $300 for each passenger so transported and landed (46 U.S.C. 55103, as adjusted by the Federal Civil Penalties Inflation Act of 1990).
(c) Any vessel of the United States, whether or not entitled under paragraph (a) of this section to engage in the coastwise trade, and any foreign vessel may proceed between points in the United States embraced within the coastwise laws to discharge cargo or passengers laden at a foreign port, to lade cargo or passengers for a foreign port, in ballast, or to transport certain articles in accordance with § 4.93. Cargo laden at a foreign port may be retained onboard during such movements. Furthermore, certain barges of United States or foreign flag may transport transferred merchandise between points in the United States embraced within the coastwise laws, excluding transportation between the continental United States and a noncontiguous point in the United States embraced within the coastwise laws, in accordance with § 4.81a.
(d) No vessel owned by a corporation which is a citizen of the United States under the Act of September 2, 1958 (46 U.S.C. 12118), shall be used in any trade other than the coastwise and shall not be used in that trade unless it is properly documented for such use or is exempt from documentation and is entitled to or, except for its tonnage, would be entitled to a coastwise license. Such a vessel shall not be documented for nor engage in the foreign trade or the fisheries and shall not transport merchandise or passengers coastwise for hire except as a service for a parent or a subsidiary corporation as defined in the aforesaid Act or while under demise or bareboat charter at prevailing rates for use otherwise than in trade with noncontiguous territory of the United States to a common or contract carrier subject to part III of the Interstate Commerce Act, as amended (49 U.S.C. 901 through 923), which otherwise qualifies as a citizen of the United States under section 2 of the Shipping Act, 1916, as amended (46 U.S.C. 50501), and which is not connected, directly or indirectly, by way of ownership or control with such owning corporation.
(e) No vessel which has acquired the lawful right to engage in the coastwise trade, by virtue of having been built or documented under the laws of the United States, will have the right to engage in such trade if it:
(1) Thereafter has been sold foreign in whole or in part or placed under foreign registry, unless such vessel is 200 gross tons or less (as measured under chapter 143 of title 46, United States Code); or
(2) Has been rebuilt, unless the entire rebuilding, including the construction of any major components of the hull or superstructure of the vessel, was effected within the United States.
(f) No foreign-built vessel owned and documented as a vessel of the United States prior to February 1, 1920, by a citizen nor one owned by the United States on June 5, 1920, and sold to and owned by a citizen, shall engage in the American fisheries, but it is otherwise unlimited as to trade so long as it continues in such ownership (section 22, Merchant Marine Act, of June 5, 1920; 46 U.S.C. 13). No foreign-built vessel which is owned by a citizen, but which was not so owned and documented on February 1, 1920, or which was not owned by the United States on June 5, 1920, shall engage in the coastwise trade or the American fisheries. No foreign-built vessel which has been sold, leased, or chartered by the Secretary of Commerce to any citizen, shall engage in the American fisheries, but it is otherwise unlimited as to trade so long as it continues in such ownership, lease, or charter (section 9 of the Act of Sept. 7, 1916, as amended, 46 U.S.C. 56101 and 57109). A vessel engaged in taking out fishing parties for hire, unless it intends to proceed to a foreign port, is considered to be engaged in the coastwise trade and not the fisheries.
(g) Certain vessels not documented under the laws of the United States which are acquired by or made available to the Secretary of Commerce may be documented under section 3 of the Act of August 9, 1954 (50 U.S.C. 198). Such vessels shall not engage in the coastwise trade unless in possession of a valid unexpired permit to engage in that trade issued by the Secretary of Commerce under authority of section 3(c) of the said Act.
(h) A vessel which is at least 50 percent owned by a citizen as defined in 46 CFR subpart 68.05, and which, except for citizenship requirements, is otherwise entitled to be documented with a coastwise endorsement, may be documented with a limited coastwise endorsement, provided the vessel is owned by a not-for-profit oil spill response cooperative or by one or more members of such a cooperative who dedicate the vessel to the use of the cooperative (46 U.S.C. 12117). Notwithstanding 46 U.S.C. 55102, a vessel may be documented with such a limited endorsement even if formerly owned by a not-for-profit oil spill response cooperative or by one or more members thereof, as long as the citizenship criteria of 46 CFR subpart 68.05 are met. A vessel so documented may operate on the navigable waters of the United States or in the Exclusive Economic Zone only for the purpose of training for oil spill cleanup operations; deploying equipment, supplies and personnel for cleanup operations; and recovering and/or transporting oil discharged in a spill. Such vessel may also engage in any other employment for which a registry or fishing endorsement is not required, and may qualify to operate for other purposes by meeting the applicable requirements of 46 CFR part 67.
(i) Any vessel, entitled to be documented and not so documented, employed in a trade for which a Certificate of Documentation is issued under the vessel documentation laws (see § 4.0(c)), other than a trade covered by a registry, is liable to a civil penalty of $500 for each port at which it arrives without the proper Certificate of Documentation. If such a vessel has on board any foreign merchandise (sea stores excepted), or any domestic taxable alcoholic beverages, on which the duty and taxes have not been paid or secured to be paid, the vessel and its cargo are subject to seizure and forfeiture.
[T.D. 69-266, 34 FR 20422, Dec. 31, 1969, as amended by T.D. 79-160, 44 FR 31956, June 4, 1979; T.D. 83-214, 48 FR 46512, Oct. 13, 1983; T.D. 93-78, 58 FR 50257, Sept. 27, 1993; T.D. 97-82, 62 FR 51769, Oct. 3, 1997; T.D. 03-11, 68 FR 13820, Mar. 21, 2003; CBP Dec. 08-25, 73 FR 40725, July 16, 2008; CBP Dec. 12-21, 77 FR 73308, Dec. 10, 2012]

Title 19 published on 2013-04-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 6 - DOMESTIC SECURITY
U.S. Code: Title 8 - ALIENS AND NATIONALITY
U.S. Code: Title 19 - CUSTOMS DUTIES

§ 66 - Rules and forms prescribed by Secretary

§ 288 - Documented vessels

§ 293 - Documented vessels touching at foreign ports

§ 294 - No duty by reason of documented vessel touching at foreign port

§ 1322 - International traffic and rescue work; United States-Mexico Boundary Treaty of 1970

§ 1431 - Manifests

§ 1433 - Report of arrival of vessels, vehicles, and aircraft

§ 1434 - Entry; vessels

§ 1436 - Penalties for violations of arrival, reporting, entry, and clearance requirements

§ 1441 - Exceptions to vessel entry and clearance requirements

§ 1442 - Residue cargo

§ 1446 - Supplies and stores retained on board

§ 1447 - Place of entry and unlading

§ 1448 - Unlading

§ 1449 - Unlading at port of entry

§ 1450 - Unlading on Sundays, holidays, or during overtime hours

§ 1451 - Extra compensation

§ 1451a - Repealed.

§ 1452 - Lading on Sundays, holidays, or at night

§ 1453 - Lading and unlading of merchandise or baggage; penalties

§ 1454 - Unlading of passengers; penalty

§ 1457 - Time for unlading

§ 1458 - Bulk cargo, time for unlading

§ 1484b - Deferral of duty on large yachts imported for sale at United States boat shows

§ 1486 - Administration of oaths

§ 1490 - General orders

§ 1498 - Entry under regulations

§ 1505 - Payment of duties and fees

§ 1581 - Boarding vessels

§ 1584 - Falsity or lack of manifest; penalties

§ 1586 - Unlawful unlading or transshipment

§ 1622 - Foreign landing certificates

§ 1623 - Bonds and other security

§ 1624 - General regulations

§ 1706 - Importation in vessels under thirty tons and aircraft; licenses; labels as prima facie evidence of foreign origin of merchandise

§ 1706a - Civil penalties for trading without required certificate of documentation

§ 2071 note - Establishment of Service; Commissioner; appointment

U.S. Code: Title 28 - JUDICIARY AND JUDICIAL PROCEDURE
U.S. Code: Title 31 - MONEY AND FINANCE
U.S. Code: Title 33 - NAVIGATION AND NAVIGABLE WATERS
U.S. Code: Title 42 - THE PUBLIC HEALTH AND WELFARE
U.S. Code: Title 46 - SHIPPING

§ 501 - Waiver of navigation and vessel-inspection laws

§ 2107 - Civil penalty procedures

§ 2108 - Repealed.

§ 3502 - List or count of passengers

§ 5101 - Definitions

§ 5102 - Application

§ 5106 - Load line certificate

§ 5107 - Delegation of authority

§ 5108 - Special exemptions

§ 5109 - Reciprocity for foreign vessels

§ 5112 - Loading restrictions

§ 5113 - Detention of vessels

§ 5114 - Use of Customs Service officers and employees for enforcement

§ 5116 - Penalties

§ 8103 - Citizenship and Navy Reserve requirements

§ 10301 - Application

§ 10302 - Shipping articles agreements

§ 10314 - Advances

§ 10315 - Allotments

§ 12101 - Definitions

§ 12108

§ 12112 - Coastwise endorsement

§ 12118 - Owners engaged primarily in manufacturing or mineral industry

§ 12120 - Liquified gas tankers

§ 12132 - Loss of coastwise trade privileges

§ 14306 - Reciprocity for foreign vessels

§ 14502 - Measurement

§ 14511 - Application

§ 14512 - Standard tonnage measurement

§ 14513 - Dual tonnage measurement

§ 14701 - General violation

§ 14702 - False statements

§ 44101 - Application

§ 44102 - Financial responsibility to indemnify passengers for nonperformance of transportation

§ 44103 - Financial responsibility to pay liability for death or injury

§ 44104 - Civil penalty

§ 44105 - Refusal of clearance

§ 44106 - Conduct of proceedings

46 U.S. Code § 3901, 3902 - Repealed.

§ 50501 - Entities deemed citizens of the United States

§ 50502 - Applicability to receivers, trustees, successors, and assigns

§ 50503 - Oceanographic research vessels

§ 50504 - Sailing school vessels

§ 51101 - Policy

§ 51102 - Definitions

§ 51103 - General authority of Secretary of Transportation

§ 51104 - General authority of Secretary of the Navy

§ 51301 - Maintenance of the Academy

§ 51302 - Nomination and competitive appointment of cadets

§ 51303 - Non-competitive appointments

§ 51304 - Additional appointments from particular areas

§ 51305 - Prohibited basis for appointment

§ 51306 - Cadet commitment agreements

§ 51307 - Places of training

§ 51308 - Uniforms, textbooks, and transportation allowances

§ 51309 - Academic degree

§ 51310 - Deferment of service obligation under cadet commitment agreements

§ 51311 - Midshipman status in the Navy Reserve

§ 51312 - Board of Visitors

§ 51313 - Advisory Board

§ 51314 - Limitation on charges and fees for attendance

§ 51315 - Gifts to the Merchant Marine Academy

§ 51316 - Temporary appointments to the Academy

§ 51317 - Adjunct professors

§ 51501 - General support program

§ 51502 - Detailing of personnel

§ 51503 - Regional maritime academies

§ 51504 - Use of training vessels

§ 51505 - Annual payments for maintenance and support

§ 51506 - Conditions to receiving payments and use of vessels

§ 51507 - Places of training

§ 51508 - Allowances for students

§ 51509 - Student incentive payment agreements

§ 51510 - Deferment of service obligation under student incentive payment agreements

§ 51511 - Midshipman status in the Navy Reserve

§ 51701 - United States Maritime Service

§ 51702 - Civilian nautical schools

§ 51703 - Additional training

§ 51704 - Training for maritime oil pollution prevention, response, and clean-up

§ 51901 - Awards for individual acts or service

§ 51902 - Gallant Ship Award

§ 51903 - Multiple awards

§ 51904 - Presentation to representatives

§ 51905 - Flags and grave markers

§ 51906 - Special certificates for civilian service to armed forces

§ 51907 - Provision of decorations, medals, and replacements

§ 51908 - Prohibition against unauthorized manufacture, sale, possession, or display of awards

§ 52101 - Reemployment rights for certain merchant seamen

§ 53101 - Definitions

§ 53102 - Establishment of Maritime Security Fleet

§ 53103 - Award of operating agreements

§ 53104 - Effectiveness of operating agreements

§ 53105 - Obligations and rights under operating agreements

§ 53106 - Payments

§ 53107 - National security requirements

§ 53108 - Regulatory relief

§ 53109 - Repealed.

§ 53110 - Regulations

§ 53111 - Authorization of appropriations

§ 53301 - Definitions

§ 53302 - Authority for construction reserve funds

§ 53303 - Persons eligible to establish funds

§ 53304 - Vessel ownership

§ 53305 - Eligible fund deposits

§ 53306 - Recognition of gain for tax purposes

§ 53307 - Basis for determining gain or loss and for depreciating new vessels

§ 53308 - Order and proportions of deposits and withdrawals

§ 53309 - Accumulation of deposits

§ 53310 - Obligation of deposits and period for construction of certain vessels

§ 53311 - Taxation of deposits on failure of conditions

§ 53312 - Assessment and collection of deficiency tax

§ 53501 - Definitions

§ 53502 - Regulations

§ 53503 - Establishing a capital construction fund

§ 53504 - Deposits and withdrawals

§ 53505 - Ceiling on deposits

§ 53506 - Investment and fiduciary requirements

§ 53507 - Nontaxation of deposits

§ 53508 - Separate accounts within a fund

§ 53509 - Qualified withdrawals

§ 53510 - Tax treatment of qualified withdrawals and basis of property

§ 53511 - Tax treatment of nonqualified withdrawals

§ 53512 - FIFO and LIFO withdrawals

§ 53513 - Corporate reorganizations and partnership changes

§ 53514 - Relationship of old fund to new fund

§ 53515 - Records and reports

§ 53516 - Termination of agreement after change in regulations

§ 53517 - Reports

§ 53701 - Definitions

§ 53702 - General authority

§ 53703 - Application procedures

§ 53704 - Funding limits

§ 53705 - Pledge of United States Government

§ 53706 - Eligible purposes of obligations

§ 53707 - Findings related to obligors and operators

§ 53708 - Findings related to economic soundness

§ 53709 - Amount of obligations

§ 53710 - Contents of obligations

§ 53711 - Security interest

§ 53712 - Monitoring financial condition and operations of obligor

§ 53713 - Administrative fees

§ 53714 - Guarantee fees

§ 53715 - Escrow fund

§ 53716 - Deposit fund

§ 53717 - Management of funds in the Treasury

§ 53718 - Annual report to Congress

§ 53721 - Rights of obligee

§ 53722 - Actions by Secretary or Administrator

§ 53723 - Payments by Secretary or Administrator and issuance of obligations

§ 53724 - Rights to secured property

§ 53725 - Actions against obligor

§ 53731 - Commercial demonstration ocean thermal energy conversion facilities and plantships

§ 53732 - Eligible export vessels

§ 53733 - Shipyard modernization and improvement

§ 53734 - Replacement of vessels because of changes in operating standards

§ 53735 - Fisheries financing and capacity reduction

§ 53901 - Definitions

§ 53902 - Authority to provide insurance

§ 53903 - Insurable interests

§ 53904 - Liability insurance for persons involved in war or defense efforts

§ 53905 - Agency insurance

§ 53906 - Hull insurance valuation

§ 53907 - Reinsurance

§ 53908 - Additional insurance privately obtained

§ 53909 - War risk insurance revolving fund

§ 53910 - Administrative

§ 53911 - Civil actions for losses

§ 53912 - Expiration date

§ 54101 - Assistance for small shipyards and maritime communities

§ 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

§ 55110 - Transportation of valueless material or dredged material

§ 55111 - Towing

§ 55114 - Unloading fish from foreign vessels

§ 55119 - Yukon River

§ 55121 - Transportation of merchandise and passengers on Canadian vessels

§ 56101 - Approval required to transfer vessel to noncitizen

§ 57109 - Operation of vessels purchased, chartered, or leased from Secretary of Transportation

§ 60101 - Boarding arriving vessels before inspection

§ 60105 - Clearance of vessels

§ 60107 - Payment of fees on departing vessel

§ 60301 - Regular tonnage taxes

§ 60302 - Special tonnage taxes

§ 60303 - Light money

§ 60304 - Presidential suspension of tonnage taxes and light money

§ 60305 - Vessels in distress

§ 60306 - Vessels not engaged in trade

§ 60307 - Vessels engaged in coastwise trade or the fisheries

§ 60308 - Vessels engaged in Great Lakes trade

§ 60309 - Passenger vessels making trips between ports of the United States and foreign ports

§ 60310 - Vessels making daily trips on interior waters

§ 60312 - Rights under treaties preserved

§ 60503 - Reciprocal suspension of discriminating duties

§ 60504 - Reciprocal privileges for recreational vessels

Public Laws