§ 4702. Abandonment of barge prohibited

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1992

   Abandoned Barge Act of 1992

   Pub. L. 102–587 title V § 5302 · 106 Stat. 5039

   Enacted · 46 U.S.C. § 4702

   Added Pub. L. 102–587, title V, § 5302, Nov. 4, 1992, 106 Stat. 5082

   Source evidence

   Code source credit
   Added Pub. L. 102–587, title V, § 5302, Nov. 4, 1992, 106 Stat. 5082

   Enacted provision · exact public law section
   SEC. 5302. ABANDONMENT OF BARGES. Part B of subtitle II of title 46, United States Code, is amended by adding at the end the following new chapter: “CHAPTER 47— ABANDONMENT OF BARGES “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. “§ 4701. Definitions “In this chapter— “(1) ‘abandon’ means to moor, strand, wreck, sink, or leave a barge of more than 100 gross tons 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. “§ 4702. Abandonment of barge prohibited “(a) 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.” “§ 4703. Penalty for unlawful abandonment of barge “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. “§ 4704. Removal of abandoned barges “(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). “§ 4705. Liability of barge removal contractors “(a) (1) A barge removal contractor and its subcontractor 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.”.

2. 2006

   Pub. L. 109–304 § 15(18) · 120 Stat. 1485

   Struck · 46 U.S.C. § 4702

   Pub. L. 109–304 struck out subsec. (a) designation before “An owner”

   Source evidence

   Code amendment note
   Pub. L. 109–304 struck out subsec. (a) designation before “An owner”.

   Enacted provision · exact public law section
   (18) In section 4702, strike the subsection “(a)” designation.

2 of 2 references resolved to an enrolled provision