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(continued) 05' N., 70 deg. 02' W, then
west to 42 deg. 04' N., 70 deg. 10' W; and then along the
Massachusetts shoreline of Cape Cod Bay and Massachusetts Bay back
to the point on Cape Ann at 42 deg. 39' N., 70 deg. 37' W) and in
the coastal waters of the Southeastern United States within about
25 nm along a 90 nm stretch of the Atlantic seaboard (in an area
generally extending from the shoreline east to longitude 80 deg.
51.6' W with the southern and northern boundary at latitudes 30
deg. 00' N., 31 deg. 27' N., respectively).
-SOURCE-
(Pub. L. 92-340, Sec. 11, as added Pub. L. 95-474, Sec. 2, Oct. 17,
1978, 92 Stat. 1477; amended Pub. L. 105-383, title III, Sec. 313,
Nov. 13, 1998, 112 Stat. 3424.)
-MISC1-
AMENDMENTS
1998 - Subsec. (d). Pub. L. 105-383 added subsec. (d).
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1223, 1911 of this title.
-End-
-CITE-
33 USC Sec. 1231 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 25 - PORTS AND WATERWAYS SAFETY PROGRAM
-HEAD-
Sec. 1231. Regulations
-STATUTE-
(a) In general
In accordance with the provisions of section 553 of title 5, the
Secretary shall issue, and may from time to time amend or repeal,
regulations necessary to implement this chapter.
(b) Procedures
The Secretary, in the exercise of this regulatory authority,
shall establish procedures for consulting with, and receiving and
considering the views of all interested parties, including -
(1) interested Federal departments and agencies,
(2) officials of State and local governments,
(3) representatives of the maritime community,
(4) representatives of port and harbor authorities or
associations,
(5) representatives of environmental groups,
(6) any other interested parties who are knowledgeable or
experienced in dealing with problems involving vessel safety,
port and waterways safety, and protection of the marine
environment, and
(7) advisory committees consisting of all interested segments
of the public when the establishment of such committees is
considered necessary because the issues involved are highly
complex or controversial.
-SOURCE-
(Pub. L. 92-340, Sec. 12, as added Pub. L. 95-474, Sec. 2, Oct. 17,
1978, 92 Stat. 1477.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1911 of this title.
-End-
-CITE-
33 USC Sec. 1231a 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 25 - PORTS AND WATERWAYS SAFETY PROGRAM
-HEAD-
Sec. 1231a. Towing Safety Advisory Committee
-STATUTE-
(a) Establishment; membership
There is established a Towing Safety Advisory Committee
(hereinafter referred to as the "Committee"). The Committee shall
consist of sixteen members with particular expertise, knowledge,
and experience regarding shallow-draft inland and coastal waterway
navigation and towing safety as follows:
(1) seven members from the barge and towing industry,
reflecting a regional geographic balance;
(2) one member from the offshore mineral and oil supply vessel
industry; and
(3) two members from each of the following -
(A) port districts, authorities, or terminal operators;
(B) maritime labor;
(C) shippers (of whom at least one shall be engaged in the
shipment of oil or hazardous materials by barge); and
(D) the general public.
(b) Appointments; Chairman, Vice Chairman, and observers;
publication in Federal Register
The Secretary of the department in which the Coast Guard is
operating (hereinafter referred to as the "Secretary") shall
appoint the members of the Committee. The Secretary shall designate
one of the members of the Committee as the Chairman and one of the
members as the Vice Chairman. The Vice Chairman shall act as
Chairman in the absence or incapacity of, or in the event of a
vacancy in the office of, the Chairman. The Secretary may request
the Secretary of the Army and the Secretary of Commerce to each
designate a representative to participate as an observer on the
Committee. The Secretary shall, not less often than once a year,
publish notice in the Federal Register for solicitation of
nominations for membership on the Committee.
(c) Functions; meetings; public proceedings and records;
disclosures to Congress
The Committee shall advise, consult with, and make
recommendations to the Secretary on matters relating to
shallow-draft inland and coastal waterway navigation and towing
safety. Any advice or recommendation made by the Committee to the
Secretary shall reflect the independent judgment of the Committee
on the matter concerned. The Secretary shall consult with the
Committee before taking any significant action affecting
shallow-draft inland and coastal waterway navigation and towing
safety. The Committee shall meet at the call of the Secretary, but
in any event not less than once during each calendar year. All
proceedings of the Committee shall be open to the public, and a
record of the proceedings shall be made available for public
inspection. The Committee is authorized to make available to
Congress any information, advice, and recommendations which the
Committee is authorized to give to the Secretary.
(d) Compensation and travel expenses; administrative services;
personnel; authorization of appropriations
Members of the Committee who are not officers or employees of the
United States shall serve without pay and members of the Committee
who are officers or employees of the United States shall receive no
additional pay on account of their service on the Committee. While
away from their homes or regular places of business, members of the
Committee may be allowed travel expenses, including per diem in
lieu of subsistence, as authorized by section 5703 of title 5. The
Secretary shall furnish to the Committee an executive secretary and
such secretarial, clerical, and other services as are considered
necessary for the conduct of its business. There are authorized to
be appropriated such sums as may be necessary to implement the
provisions of this subsection.
(e) Termination
Unless extended by subsequent Act of Congress, the Committee
shall terminate on September 30, 2005.
-SOURCE-
(Pub. L. 96-380, Oct. 6, 1980, 94 Stat. 1521; Pub. L. 97-322, title
I, Sec. 118(d), Oct. 15, 1982, 96 Stat. 1587; Pub. L. 98-557, Sec.
16(a), Oct. 30, 1984, 98 Stat. 2866; Pub. L. 101-225, title I, Sec.
105(b), Dec. 12, 1989, 103 Stat. 1910; Pub. L. 104-324, title III,
Sec. 304(c), Oct. 19, 1996, 110 Stat. 3917; Pub. L. 107-295, title
III, Sec. 336, Nov. 25, 2002, 116 Stat. 2105.)
-COD-
CODIFICATION
Section was not enacted as part of the Ports and Waterways Safety
Act which comprises this chapter.
-MISC1-
AMENDMENTS
2002 - Subsec. (e). Pub. L. 107-295 substituted "September 30,
2005" for "September 30, 2000".
1996 - Subsec. (e). Pub. L. 104-324 substituted "September 30,
2000" for "September 30, 1995".
1989 - Subsec. (e). Pub. L. 101-225 substituted "September 30,
1995" for "September 30, 1990".
1984 - Subsec. (e). Pub. L. 98-557 substituted "on September 30,
1990" for "five years from the date of enactment of this Act".
1982 - Subsec. (b). Pub. L. 97-322, Sec. 118(d)(1), required the
Secretary, not less often than once a year, to publish notice in
the Federal Register for solicitation of nominations for membership
on the Committee.
Subsec. (c). Pub. L. 97-322, Sec. 118(d)(2), authorized the
Committee to make available to Congress any information, advice,
and recommendations which the Committee is authorized to give to
the Secretary.
Subsec. (d). Pub. L. 97-322, Sec. 118(d)(3), inserted
introductory provisions respecting compensation and travel expenses
of members of the Committee.
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
-End-
-CITE-
33 USC Sec. 1232 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 25 - PORTS AND WATERWAYS SAFETY PROGRAM
-HEAD-
Sec. 1232. Enforcement provisions
-STATUTE-
(a) Civil penalty
(1) Any person who is found by the Secretary, after notice and an
opportunity for a hearing, to have violated this chapter or a
regulation issued hereunder shall be liable to the United States
for a civil penalty, not to exceed $25,000 for each violation. Each
day of a continuing violation shall constitute a separate
violation. The amount of such civil penalty shall be assessed by
the Secretary, or his designee, by written notice. In determining
the amount of such penalty, the Secretary shall take into account
the nature, circumstances, extent and gravity of the prohibited
acts committed and, with respect to the violator, the degree of
culpability, any history of prior offenses, ability to pay, and
such other matters as justice may require.
(2) The Secretary may compromise, modify, or remit, with or
without conditions, any civil penalty which is subject to
imposition or which has been imposed under this section.
(3) If any person fails to pay an assessment of a civil penalty
after it has become final, the Secretary may refer the matter to
the Attorney General of the United States, for collection in any
appropriate district court of the United States.
(b) Criminal penalty
(1) Any person who willfully and knowingly violates this chapter
or any regulation issued hereunder commits a class D felony.
(2) Any person who, in the willfull (!1) and knowing violation of
this chapter or of any regulation issued hereunder, uses a
dangerous weapon, or engages in conduct that causes bodily injury
or fear of imminent bodily injury to any officer authorized to
enforce the provisions of this chapter or the regulations issued
hereunder, commits a class C felony.
(c) In rem liability
Any vessel subject to the provisions of this chapter, which is
used in violation of this chapter, or any regulations issued
hereunder, shall be liable in rem for any civil penalty assessed
pursuant to subsection (a) of this section and may be proceeded
against in the United States district court for any district in
which such vessel may be found.
(d) Injunction
The United States district courts shall have jurisdiction to
restrain violations of this chapter or of regulations issued
hereunder, for cause shown.
(e) Denial of entry
Except as provided in section 1228 of this title, the Secretary
may, subject to recognized principles of international law, deny
entry into the navigable waters of the United States to any port or
place under the jurisdiction of the United States or to any vessel
not in compliance with the provisions of this chapter or the
regulations issued hereunder.
(f) Withholding of clearance
(1) If any owner, operator, or individual in charge of a vessel
is liable for a penalty or fine under this section, or if
reasonable cause exists to believe that the owner, operator, or
individual in charge may be subject to a penalty or fine 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 91 of title 46, Appendix.
(2) Clearance refused or revoked under this subsection may be
granted upon filing of a bond or other surety satisfactory to the
Secretary.
-SOURCE-
(Pub. L. 92-340, Sec. 13, as added Pub. L. 95-474, Sec. 2, Oct. 17,
1978, 92 Stat. 1478; amended Pub. L. 101-380, title IV, Sec.
4302(j), Aug. 18, 1990, 104 Stat. 539; Pub. L. 104-324, title III,
Sec. 312(b), Oct. 19, 1996, 110 Stat. 3920.)
-MISC1-
AMENDMENTS
1996 - Subsec. (f). Pub. L. 104-324 amended heading and text of
subsec. (f) 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."
1990 - Subsec. (b)(1). Pub. L. 101-380, Sec. 4302(j)(1),
substituted "commits a class D felony" for "shall be fined not more
than $50,000 for each violation or imprisoned for not more than
five years, or both".
Subsec. (b)(2). Pub. L. 101-380, Sec. 4302(j)(2), which directed
the substitution of "commits a class C felony." for "shall, in lieu
of the penalties prescribed in paragraph (1), be fined not more
than $100,000, or imprisoned for not more than 10 years, or both.",
was executed by making the substitution for "shall, in lieu of the
penalties prescribed in paragraph (1), be fined not more than
$100,000, or imprisoned for not more than ten years, or both."
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101-380 applicable to incidents occurring
after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
as an Effective Date note under section 2701 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1911 of this title; title
14 section 91.
-FOOTNOTE-
(!1) So in original. Probably should be "willful".
-End-
-CITE-
33 USC Sec. 1232a 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 25 - PORTS AND WATERWAYS SAFETY PROGRAM
-HEAD-
Sec. 1232a. Navigational hazards
-STATUTE-
(a) Reporting procedure
The Secretary shall establish a program to encourage fishermen
and other vessel operators to report potential or existing
navigational hazards involving pipelines to the Secretary through
Coast Guard field offices.
(b) Secretary's response
(1) Upon notification by the operator of a pipeline of a hazard
to navigation with respect to that pipeline, the Secretary shall
immediately notify Coast Guard headquarters, the Office of Pipeline
Safety, other affected Federal and State agencies, and vessel
owners and operators in the pipeline's vicinity.
(2) Upon notification by any other person of a hazard or
potential hazard to navigation with respect to a pipeline, the
Secretary shall promptly determine whether a hazard exists, and if
so shall immediately notify Coast Guard headquarters, the Office of
Pipeline Safety, other affected Federal and State agencies, vessel
owners and operators in the pipeline's vicinity, and the owner and
operator of the pipeline.
(c) Establishment of standards
The Secretary shall, within six months after November 16, 1990,
establish standards, for the purposes of this section, for what
constitutes a hazard to navigation.
(d) "Pipelines" defined
For purposes of this section, the term "pipelines" has the
meaning given the term "pipeline facilities" in section
60101(a)(18) of title 49.
-SOURCE-
(Pub. L. 92-340, Sec. 14, as added Pub. L. 101-599, Sec. 2, Nov.
16, 1990, 104 Stat. 3040.)
-COD-
CODIFICATION
In subsec. (d), "section 60101(a)(18) of title 49" substituted
for "the Natural Gas Pipeline Safety Act of 1968 [49 App. U.S.C.
1671 et seq.] and the Hazardous Liquid Pipeline Safety Act of 1979
[49 App. U.S.C. 2001 et seq.]" on authority of Pub. L. 103-272,
Sec. 6(b), July 5, 1994, 108 Stat. 1378, the first section of which
enacted subtitles II, III, and V to X of Title 49, Transportation.
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
-End-
-CITE-
33 USC Sec. 1233 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 25 - PORTS AND WATERWAYS SAFETY PROGRAM
-HEAD-
Sec. 1233. Regulations as to regattas or marine parades
-STATUTE-
The Commandant of the Coast Guard is authorized and empowered in
his discretion to issue from time to time regulations, not contrary
to law, to promote the safety of life on navigable waters during
regattas or marine parades.
-SOURCE-
(Apr. 28, 1908, ch. 151, Sec. 1, 35 Stat. 69; Mar. 4, 1913, ch.
141, Sec. 1, 37 Stat. 736; 1946 Reorg. Plan No. 3, Secs. 101-104,
eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097.)
-COD-
CODIFICATION
Section was not enacted as part of the Ports and Waterways Safety
Act which comprises this chapter.
Section was formerly classified to section 454 of former Title
46, Shipping.
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
Coast Guard transferred to Department of Transportation, and all
functions, powers, and duties relating to Coast Guard of Secretary
of the Treasury and of other officers and offices of Department of
the Treasury transferred to Secretary of Transportation by Pub. L.
89-670, Sec. 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2)
of Pub. L. 89-670, however, provided that notwithstanding such
transfer of functions, Coast Guard shall operate as part of Navy in
time of war or when President directs as provided in section 3 of
Title 14, Coast Guard. See section 108 of Title 49, Transportation.
For transfer of functions of other officers, employees, and
agencies of Department of the Treasury, with certain exceptions, to
Secretary of the Treasury with power to delegate, see Reorg. Plan
No. 26 of 1950, Secs. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64
Stat. 1280, 1281, set out in the Appendix to Title 5, Government
Organization and Employees. Functions of Coast Guard, and
Commandant of Coast Guard, were excepted from transfer when Coast
Guard is operating as part of Navy under sections 1 and 3 of Title
14.
"Commandant of the Coast Guard" substituted for "Secretary of
Commerce" on authority of Reorg. Plan No. 3 of 1946, Secs. 101-104,
set out in the Appendix to Title 5.
Upon incorporation into the Code, the words "Secretary of
Commerce" were substituted for "Secretary of Commerce and Labor" to
conform to act Mar. 4, 1913, which provided that the Secretary of
Commerce and Labor should be called the Secretary of Commerce.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1234, 1235, 1236 of this
title.
-End-
-CITE-
33 USC Sec. 1234 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 25 - PORTS AND WATERWAYS SAFETY PROGRAM
-HEAD-
Sec. 1234. Enforcement of regulations; use of public or private
vessels
-STATUTE-
To enforce such regulations the Commandant of the Coast Guard may
detail any public vessel in the service of the Coast Guard and make
use of any private vessel tendered gratuitously for the purpose, or
upon the request of the Commandant of the Coast Guard the head of
any other department may enforce the regulations issued under
sections 1233 and 1235 of this title by means of any public vessel
of such department and of any private vessel tendered gratuitously
for the purpose.
-SOURCE-
(Apr. 28, 1908, ch. 151, Sec. 2, 35 Stat. 69; Mar. 4, 1913, ch.
141, Sec. 1, 37 Stat. 736; 1946 Reorg. Plan No. 3, Secs. 101-104,
eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097.)
-COD-
CODIFICATION
Section was not enacted as part of the Ports and Waterways Safety
Act which comprises this chapter.
Section was formerly classified to section 455 of former Title
46, Shipping.
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
Coast Guard transferred to Department of Transportation, and all
functions, powers, and duties relating to Coast Guard of Secretary
of the Treasury and of other officers and offices of Department of
the Treasury transferred to Secretary of Transportation by Pub. L.
89-670, Sec. 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2)
of Pub. L. 89-670, however, provided that notwithstanding such
transfer of functions, Coast Guard shall operate as part of Navy in
time of war or when President directs as provided in section 3 of
Title 14, Coast Guard. See section 108 of Title 49, Transportation.
For transfer of functions of other officers, employees, and
agencies of Department of the Treasury, with certain exceptions, to
Secretary of the Treasury with power to delegate, see Reorg. Plan
No. 26 of 1950, Secs. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64
Stat. 1280, 1281, set out in the Appendix to Title 5, Government
Organization and Employees. Functions of Coast Guard, and
Commandant of Coast Guard, were excepted from transfer when Coast
Guard is operating as part of Navy under sections 1 and 3 of Title
14.
"Commandant of the Coast Guard" substituted for "Secretary of
Commerce" and a reference to Department of Commerce changed to
Coast Guard on authority of Reorg. Plan No. 3 of 1946, Secs.
101-104, set out in the Appendix to Title 5.
Upon incorporation into the Code, the words "Secretary of
Commerce" were substituted for "Secretary of Commerce and Labor" to
conform to act Mar. 4, 1913, which provided that the Secretary of
Commerce and Labor should be called the Secretary of Commerce.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1235, 1236 of this title.
-End-
-CITE-
33 USC Sec. 1235 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 25 - PORTS AND WATERWAYS SAFETY PROGRAM
-HEAD-
Sec. 1235. Transfer of authority to regulate to head of other
department
-STATUTE-
The authority and power bestowed upon the Commandant of the Coast
Guard by sections 1233 and 1234 of this title may be transferred
for any special occasion to the head of another department by the
President whenever in his judgment such transfer is desirable.
-SOURCE-
(Apr. 28, 1908, ch. 151, Sec. 3, 35 Stat. 69; Mar. 4, 1913, ch.
141, Sec. 1, 37 Stat. 736; 1946 Reorg. Plan No. 3, Secs. 101-104,
eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097.)
-COD-
CODIFICATION
Section was not enacted as part of the Ports and Waterways Safety
Act which comprises this chapter.
Section was formerly classified to section 456 of former Title
46, Shipping.
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
Coast Guard transferred to Department of Transportation, and all
functions, powers, and duties relating to Coast Guard of Secretary
of the Treasury and of other officers and offices of Department of
the Treasury transferred to Secretary of Transportation by Pub. L.
89-670, Sec. 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2)
of Pub. L. 89-670, however, provided that notwithstanding such
transfer of functions, Coast Guard shall operate as part of Navy in
time of war or when President directs as provided in section 3 of
Title 14, Coast Guard. See section 108 of Title 49, Transportation.
For transfer of functions of other officers, employees, and
agencies of Department of the Treasury, with certain exceptions, to
Secretary of the Treasury with power to delegate, see Reorg. Plan
No. 26 of 1950, Secs. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64
Stat. 1280, 1281, set out in the Appendix to Title 5, Government
Organization and Employees. Functions of Coast Guard, and
Commandant of Coast Guard, were excepted from transfer when Coast
Guard is operating as part of Navy under sections 1 and 3 of Title
14.
"Commandant of the Coast Guard" substituted for "Secretary of
Commerce" on authority of Reorg. Plan No. 3 of 1946, Secs. 101-104,
set out in the Appendix to Title 5.
Upon incorporation into the Code, the words "Secretary of
Commerce" were substituted for "Secretary of Commerce and Labor" to
conform to act Mar. 4, 1913, which provided that the Secretary of
Commerce and Labor should be called the Secretary of Commerce.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1234, 1236 of this title.
-End-
-CITE-
33 USC Sec. 1236 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 25 - PORTS AND WATERWAYS SAFETY PROGRAM
-HEAD-
Sec. 1236. Penalties for violations of regulations
-STATUTE-
For any violation of regulations issued pursuant to sections 1233
to 1235 of this title the following penalties shall be incurred:
(a) A licensed officer shall be liable to suspension or
revocation of license in the manner now prescribed by law for
incompetency or misconduct.
(b) Any person in charge of the navigation of a vessel other than
a licensed officer shall be liable to a penalty of $5,000.
(c) The owner of a vessel (including any corporate officer of a
corporation owning the vessel) actually on board shall be liable to
a penalty of $5,000, unless the violation of regulations shall have
occurred without his knowledge.
(d) Any other person shall be liable to a penalty of $2,500.
The Commandant of the Coast Guard is authorized and empowered to
mitigate or remit any penalty herein provided for in the manner
prescribed by law for the mitigation or remission of penalties for
violation of the navigation laws.
-SOURCE-
(Apr. 28, 1908, ch. 151, Sec. 4, 35 Stat. 69; Mar. 4, 1913, ch.
141, Sec. 1, 37 Stat. 736; 1946 Reorg. Plan No. 3, Secs. 101-104,
eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; Pub. L. 101-380,
title IV, Sec. 4302(k), Aug. 18, 1990, 104 Stat. 539.)
-REFTEXT-
REFERENCES IN TEXT
The navigation laws, referred to in text, are classified
generally to this title.
-COD-
CODIFICATION
Section was not enacted as part of the Ports and Waterways Safety
Act which comprises this chapter.
Section was formerly classified to section 457 of former Title
46, Shipping.
-MISC1-
AMENDMENTS
1990 - Subsecs. (b) to (d). Pub. L. 101-380 substituted "$5,000"
for "$500" in subsecs. (b) and (c) and "$2,500" for "$250" in
subsec. (d).
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101-380 applicable to incidents occurring
after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
as an Effective Date note under section 2701 of this title.
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
Coast Guard transferred to Department of Transportation, and all
functions, powers, and duties relating to Coast Guard of Secretary
of the Treasury and of other officers and offices of Department of
the Treasury transferred to Secretary of Transportation by Pub. L.
89-670, Sec. 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2)
of Pub. L. 89-670, however, provided that notwithstanding such
transfer of functions, Coast Guard shall operate as part of Navy in
time of war or when President directs as provided in section 3 of
Title 14, Coast Guard. See section 108 of Title 49, Transportation.
For transfer of functions of other officers, employees, and
agencies of Department of the Treasury, with certain exceptions, to
Secretary of the Treasury with power to delegate, see Reorg. Plan
No. 26 of 1950, Secs. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64
Stat. 1280, 1281, set out in the Appendix to Title 5, Government
Organization and Employees. Functions of Coast Guard, and
Commandant of Coast Guard, were excepted from transfer when Coast
Guard is operating as part of Navy under sections 1 and 3 of Title
14.
"Commandant of the Coast Guard" substituted for "Secretary of
Commerce" on authority of Reorg. Plan No. 3 of 1946, Secs. 101-104,
set out in the Appendix to Title 5.
Upon incorporation into the Code, the words "Secretary of
Commerce" were substituted for "Secretary of Commerce and Labor" to
conform to act Mar. 4, 1913, which provided that the Secretary of
Commerce and Labor should be called the Secretary of Commerce.
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