§ 2072. Violations of Inland Navigational Rules

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. 1980

   Inland Navigational Rules Act of 1980

   Pub. L. 96–591 § 4 · 94 Stat. 3415

   Enacted · 33 U.S.C. § 2072

   Pub. L. 96–591, § 4, Dec. 24, 1980, 94 Stat. 3433

   Source evidence

   Code source credit
   Pub. L. 96–591, § 4, Dec. 24, 1980, 94 Stat. 3433

   Enacted provision · exact public law section
   Sec. 4. (a) Whoever operates a vessel in violation of this Act, or of Violations. 33 USC 2072. any regulation issued thereunder, or in violation of a certificate of alternative compliance issued under Rule 1 is liable to a civil penalty of not more than $5,000 for each violation. (b) Every vessel subject to this Act, other than a public vessel being Civil penalties. used for noncommercial purposes, that is operated in violation of this Act, or of any regulation issued thereunder, or in violation of a certificate of alternative compliance issued under Rule 1 is liable to a civil penalty of not more than $5,000 for each violation, for which penalty the vessel may be seized and proceeded against in the district court of the United States of any district within which the vessel may be found. (c) The Secretary may assess any civil penalty authorized by this section. No such penalty may be assessed until the person charged, or the owner of the vessel charged, as appropriate, shall have been given notice of the violation involved and an opportunity for a hearing. For good cause shown, the Secretary may remit, mitigate, or compromise any penalty assessed. Upon the failure of the person charged, or the owner of the vessel charged, to pay an assessed penalty, as it may have been mitigated or compromised, the Secretary may request the Attorney General to commence an action in the appropriate district court of the United States for collection of the penalty as assessed, without regard to the amount involved, together with such other relief as may be appropriate. (d) The Secretary of the Treasury shall withhold or revoke, at the request of the Secretary, the clearance, required by section 4197 of the Revised Statutes of the United States (46 U.S.C. 91) of any vessel, the owner or operator of which is subject to any of the penalties in this section. Clearance may be granted in such cases upon the filing of a bond or other surety satisfactory to the Secretary.

2. 1996

   Coast Guard Authorization Act of 1996

   Pub. L. 104–324 title III § 312(c) · 110 Stat. 3901

   1. Inserted · 33 U.S.C. § 2072(d)

      Pub. L. 104–324 inserted heading

   2. Amended · 33 U.S.C. § 2072(d)

      Pub. L. 104–324 amended text generally. Prior to amendment, text read as follows: “The Secretary of the Treasury shall withhold or revoke, at the request of the Secretary, the clearance, required by section 91 of title 46, Appendix, of any vessel, the owner or operator of which is subject to any of the penalties in this section. Clearance may be granted in such cases upon the filing of a bond or other surety satisfactory to the Secretary.”

   Source evidence

   Code amendment note
   Par. (d). Pub. L. 104–324 inserted heading and amended text generally. Prior to amendment, text read as follows: “The Secretary of the Treasury shall withhold or revoke, at the request of the Secretary, the clearance, required by section 91 of title 46, Appendix, of any vessel, the owner or operator of which is subject to any of the penalties in this section. Clearance may be granted in such cases upon the filing of a bond or other surety satisfactory to the Secretary.”

   Enacted provision · exact public law section
   (c) Inland Navigation Rules Act of 1980.— Section 4(d) of the Inland Navigational Rules Act of 1980 (33 U.S.C. 2072(d)) is amended to read as follows: “(d) Withholding of Clearance.— (1) If any owner, operator, or individual in charge of a vessel is liable for a penalty under this section, or if reasonable cause exists to believe that the owner, operator, or individual in charge may be subject to a penalty under this section, the Secretary of the Treasury, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance required by section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91). “(2) Clearance or a permit refused or revoked under this subsection may be granted upon filing of a bond or other surety satisfactory to the Secretary.”.

3 of 3 references resolved to an enrolled provision