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46 U.S.C. § 2107 — Civil penalty procedures
Federal law — U.S. Code and appendices · legal_authorities
**(a)** After notice and an opportunity for a hearing, a person found by the Secretary to have violated this subtitle or subtitle VII or a regulation prescribed under this subtitle or subtitle VII for which a civil penalty is provided, is liable to the United States Government for the civil penalty provided. The amount of the civil penalty shall be assessed by the Secretary by written notice. In determining the amount of the penalty, the Secretary shall consider 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 other matters that justice requires.
**(b)** The Secretary may compromise, modify, or remit, with or without consideration, a civil penalty under this subtitle or subtitle VII until the assessment is referred to the Attorney General.
**(c)** If a 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 for collection in an appropriate district court of the United States.
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**(a)** After notice and an opportunity for a hearing, a person found by the Secretary to have violated this subtitle or subtitle VII or a regulation prescribed under this subtitle or subtitle VII for which a civil penalty is provided, is liable to the United States Government for the civil penalty provided. The amount of the civil penalty shall be assessed by the Secretary by written notice. In determining the amount of the penalty, the Secretary shall consider 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 other matters that justice requires.
**(b)** The Secretary may compromise, modify, or remit, with or without consideration, a civil penalty under this subtitle or subtitle VII until the assessment is referred to the Attorney General.
**(c)** If a 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 for collection in an appropriate district court of the United States.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 361, act June 20, 1874, ch. 344, § 10, 18 Stat. 128; 1946 Reorg. Plan. No. 3, §§ 101–104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, required filing of reports to Coast Guard on accidents involving United States vessels and provided penalty for failure to comply. See sections 6101, 6103 of Title 46, Shipping.
Section 362, act June 20, 1874, ch. 344, § 11, 18 Stat. 128; 1946 Reorg. Plan No. 3, §§ 101–104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, required reporting of probable loss of vessels and provided penalty for failure to comply. See sections 6101, 6103 of Title 46.
Section 363, acts June 20, 1874, ch. 344, § 12, 18 Stat. 128; Feb. 14, 1903, ch. 552, § 10, 32 Stat. 829; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; 1946 Reorg. Plan No. 3, §§ 101–104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, related to transmission of reports by Coast Guard officials to Commandant of Coast Guard.
Section 364, acts June 20, 1874, ch. 344, § 13, 18 Stat. 128; Mar. 3, 1897, ch. 389, § 11, 29 Stat. 689; Feb. 14, 1903, ch. 552, § 10, 32 Stat. 829; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; 1946 Reorg. Plan No. 3, §§ 101–104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, related to remission and recovery of penalties. See [section 2107 of Title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section2107&num=0&edition=prelim).
Section 365, act Mar. 4, 1915, ch. 153, § 15, 38 Stat. 1184; 1946 Reorg. Plan No. 3, §§ 101–104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, related to reports by owners of barges in tow. See [section 6101 of Title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section6101&num=0&edition=prelim).
Section 366, act Mar. 4, 1915, ch. 153, § 15, 38 Stat. 1184; 1946
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Federal law — U.S. Code and appendices · legal_authorities
Page 29
TITLE 46—SHIPPING
§ 2109
that a report be made to the Secretary annually
about those matters that may require improve-
ment or amendment.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 506.)
HISTORICAL AND REVISION NOTES
Revised section
Source section (U.S. Code)
2105 ..............................................
46:4
Section 2105 requires the Secretary to investigate the
operation of this subtitle and all laws related to mari-
time safety and requires appropriate reports to ensure
that the Secretary is attentive to all the shipping laws
under the Secretary’s superintendence.
§ 2106. Liability in rem
When a vessel is made liable in rem under this
subtitle, the vessel may be libeled and proceeded
against in the district court of the United States
for any district in which the vessel is found.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 506; Pub. L.
109–304, § 15(4), Oct. 6, 2006, 120 Stat. 1702.)
HISTORICAL AND REVISION NOTES
Revised section
Source section (U.S. Code)
2106 ..............................................
46:170(14)
46:216e(e)
46:390d
46:391a(14)(C)
46:436
46:462
46:481(c)
46:497
46:526o
46:672(j)
46:1484(b)
Section 2106 provides that when a vessel is made lia-
ble in rem the vessel may be libeled and proceeded
against in a United States district court.
Editorial Notes
AMENDMENTS
2006—Pub. L. 109–304 substituted ‘‘the district court of
the United States for any district’’ for ‘‘a district court
of the United States’’.
§ 2107. Civil penalty procedures
(a) After notice and an opportunity for a hear-
ing, a person found by the Secretary to have vio-
lated this subtitle or subtitle VII or a regulation
prescribed under this subtitle or subtitle VII for
which a civil penalty is provided, is liable to the
United States Government
Source: Supplied 2024 U.S. Code historical extraction · 46 U.S.C. § 2107
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