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46 U.S.C. § 70121 — Withholding of clearance

Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 70121 — Withholding of clearance

**(a) Refusal or Revocation of Clearance.—** If any owner, agent, master, officer, or person in charge of a vessel is liable for a penalty under section 70119, or if reasonable cause exists to believe that the owner, agent, master, officer, or person in charge may be subject to a penalty under section 70119, the Secretary may, with respect to such vessel, refuse or revoke any clearance required by [section 60105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section60105&num=0&edition=prelim). **(b) Clearance Upon Filing of Bond or Other Surety.—** The Secretary may require the filing of a bond or other surety as a condition of granting clearance refused or revoked under this subsection.

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Source file: Laws/federal/codes/united-states-code/title-46/section-70121-withholding-of-clearance--b87db6e7b8.md
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Source location: Title 46, Chapter 701, § 70121; chapter-701-port-security.md

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 60105 — Clearance of vessels

**(a) Vessels of the United States.—** Except as otherwise provided by law, a vessel of the United States shall obtain clearance from the Secretary of Homeland Security before proceeding from a port or place in the United States— (1) for a foreign port or place; (2) for another port or place in the United States if the vessel has on board foreign merchandise for which entry has not been made; or (3) outside the territorial sea to visit a hovering vessel or to receive merchandise while outside the territorial sea. **(b) Other Vessels.—** Except as otherwise provided by law, a vessel that is not a vessel of the United States shall obtain clearance from the Secretary before proceeding from a port or place in the United States— (1) for a foreign port or place; (2) for another port or place in the United States; or (3) outside the territorial sea to visit a hovering vessel or to receive or deliver merchandise while outside the territorial sea. **(c) Regulations.—** The Secretary may by regulation— (1) prescribe the manner in which clearance under this section is to be obtained, including the documents, data, or information which shall be submitted or transmitted, pursuant to an authorized data interchange system, to obtain the clearance; (2) permit clearance to be obtained before all requirements for clearance are complied with, but only if the owner or operator of the vessel files a bond in an amount set by the Secretary conditioned on the compliance by the owner or operator with all specified requirements for clearance within a time period (not exceeding 4 business days) established by the Secretary; and (3) permit clearance to be obtained at a place other than a designated port of entry, under conditions the Secretary may prescribe.

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 9504 — Highway Trust Fund

**(a) Creation of Trust Fund** There is established in the Treasury of the United States a trust fund to be known as the “Highway Trust Fund”, consisting of such amounts as may be appropriated or credited to the Highway Trust Fund as provided in this section or section 9602(b). **(b) Transfer to Highway Trust Fund of amounts equivalent to certain taxes and penalties** (1) **Certain taxes** — There are hereby appropriated to the Highway Trust Fund amounts equivalent to the taxes received in the Treasury before October 1, 2028, under the following provisions— (A) section 4041 (relating to taxes on diesel fuels and special motor fuels), (B) section 4051 (relating to retail tax on heavy trucks and trailers), (C) section 4071 (relating to tax on tires), (D) section 4081 (relating to tax on gasoline, diesel fuel, and kerosene), and (E) section 4481 (relating to tax on use of certain vehicles). For purposes of this paragraph, taxes received under sections 4041 and 4081 shall be determined without reduction for credits under section 6426 and taxes received under section 4081 shall be determined without regard to tax receipts attributable to the rate specified in section 4081(a)(2)(C). (2) **Liabilities incurred before October 1, 2028** — There are hereby appropriated to the Highway Trust Fund amounts equivalent to the taxes which are received in the Treasury after September 30, 2028, and before July 1, 2029, and which are attributable to liability for tax incurred before October 1, 2028, under the provisions described in paragraph (1). (3) **Repealed. Pub. L. 109–59, title XI, § 11161(c)(2)(C), Aug. 10, 2005, 119 Stat. 1972]** (4) **Certain taxes not transferred to Highway Trust Fund** — For purposes of paragraphs (1) and (2), there shall not be taken into

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 70118 — Enforcement by State and local officers

**(a) In General.—** Any State or local government law enforcement officer who has authority to enforce State criminal laws may make an arrest for violation of a security zone regulation prescribed under section 70051 or security or safety zone regulation under section 70116(b) or a safety zone regulation prescribed under section 10(d) of the Deepwater Port Act of 1974 ([33 U.S.C. 1509(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1509/d&num=0&edition=prelim)) by a Coast Guard official authorized by law to prescribe such regulations, if— (1) such violation is a felony; and (2) the officer has reasonable grounds to believe that the person to be arrested has committed or is committing such violation. **(b) Other Powers not Affected.—** The provisions of this section are in addition to any power conferred by law to such officers. This section shall not be construed as a limitation of any power conferred by law to such officers, or any other officer of the United States or any State. This section does not grant to such officers any powers not authorized by the law of the State in which those officers are employed.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 70121 — Withholding of clearance

Page 589 TITLE 46—SHIPPING § 70122 Editorial Notes CODIFICATION Another section 70119 was renumbered section 70118 of this title. AMENDMENTS 2006—Pub. L. 109–241 designated existing provisions as subsec. (a), inserted heading, substituted ‘‘day during which the violation continues’’ for ‘‘violation’’, and added subsec. (b). § 70120. In rem liability for civil penalties and certain costs (a) CIVIL PENALTIES.—Any vessel operated in violation of this chapter or any regulations pre- scribed under this chapter shall be liable in rem for any civil penalty assessed pursuant to sec- tion 70119 for such violation, and may be pro- ceeded against for such liability in the United States district court for any district in which the vessel may be found. (b) REIMBURSABLE COSTS OF SERVICE PRO- VIDERS.—A vessel shall be liable in rem for the reimbursable costs incurred by any service pro- vider related to implementation and enforce- ment of this chapter and arising from a viola- tion by the operator of the vessel of this chapter or any regulations prescribed under this chap- ter, and may be proceeded against for such li- ability in the United States district court for any district in which such vessel may be found. (c) DEFINITIONS.—In this subsection— (1) the term ‘‘reimbursable costs’’ means costs incurred by any service provider acting in conformity with a lawful order of the Fed- eral government or in conformity with the in- structions of the vessel operator; and (2) the term ‘‘service provider’’ means any port authority, facility or terminal operator, shipping agent, Federal, State, or local gov- ernment agency, or other person to whom the management of the vessel at the port of sup- ply is entrusted, for— (A) services rendered to or in relation to vessel

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