33 U.S.C. § 1701 — Untitled legal text

Page 655 TITLE 33—NAVIGATION AND NAVIGABLE WATERS §§ 1701 to 1709 and functions of the Secretary of Transportation relat- ing 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 Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 1607. Implementation by rules and regulations; authority to promulgate The Secretary of the department in which the Coast Guard is operating is authorized to pro- mulgate such reasonable rules and regulations as are necessary to implement the provisions of this chapter and the International Regulations proclaimed hereunder. (Pub. L. 95–75, § 8, July 27, 1977, 91 Stat. 310.) Statutory Notes and Related Subsidiaries 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 relat- ing 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 Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 1608. Civil penalties (a) Liability of vessel operator for violations Whoever operates a vessel, subject to the pro- visions of this chapter, in violation of this chap- ter or of any regulation promulgated pursuant to section 1607 of this title, shall be liable to a civil penalty of not more than $5,000 for each such violation. (b) Liability of vessel for violations; seizure of vessel Every vessel subject to the provisions of this chapter, other than a public vessel being used for noncommercial purposes, which is operated in violation of this chapter or of any regulation promulgated pursuant to section 1607 of this title, shall be liable to a civil penalty of not more than $5,000 for each such violation, for which penalty the vessel may be seized and pro- ceeded against in the district court of the United States of any district within which such vessel may be found. (c) Assessment of penalties; notice; opportunity for hearing; remission, mitigation, and com- promise of penalty; action for collection The Secretary of the department in which the Coast Guard is operating may assess any civil penalty authorized by this section. No such pen- alty may be assessed until the person charged, or the owner of the vessel charged, as appro- priate, shall have been given notice of the viola- tion 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 com- promised, the Secretary may request the Attor- ney General to commence an action in the ap- propriate district court of the United States for collection of the penalty as assessed, without re- gard to the amount involved, together with such other relief as may be appropriate. (Pub. L. 95–75, § 9, July 27, 1977, 91 Stat. 310; Pub. L. 96–591, § 6(3), (4), Dec. 24, 1980, 94 Stat. 3435.) Editorial Notes AMENDMENTS 1980—Subsec. (a). Pub. L. 96–591, § 6(3), substituted ‘‘$5,000’’ for ‘‘$500’’. Subsec. (b). Pub. L. 96–591, § 6(4), substituted ‘‘not more than $5,000’’ for ‘‘$500’’. Statutory Notes and Related Subsidiaries 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 relat- ing 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 Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. CHAPTER 31—OCEAN POLLUTION RE- SEARCH AND DEVELOPMENT AND MONI- TORING PLANNING §§ 1701 to 1709. Repealed. Pub. L. 102–567, title II, § 204, Oct. 29, 1992, 106 Stat. 4282 Section 1701, Pub. L. 95–273, § 2, May 8, 1978, 92 Stat. 228; Pub. L. 99–272, title VI, § 6071, Apr. 7, 1986, 100 Stat. 133, provided findings and purposes for chapter. Section 1702, Pub. L. 95–273, § 3, May 8, 1978, 92 Stat. 228; Pub. L. 99–272, title VI, § 6072(1), Apr. 7, 1986, 100 Stat. 133; Pub. L. 100–636, § 1(1)–(4), Nov. 8, 1988, 102 Stat. 3324, provided definitions for chapter. Section 1702a, Pub. L. 95–273, § 3A, as added Pub. L. 99–272, title VI, § 6072(2), Apr. 7, 1986, 100 Stat. 133; amended Pub. L. 100–636, § 1(5)–(7), Nov. 8, 1988, 102 Stat. 3324, provided for a National Ocean Pollution Program Office and a National Ocean Pollution Policy Board. Section 1703, Pub. L. 95–273, § 4, May 8, 1978, 92 Stat. 229; Pub. L. 96–255, § 2, May 30, 1980, 94 Stat. 420; Pub. L. 97–375, title II, § 202(c), Dec. 21, 1982, 96 Stat. 1822; Pub. L. 99–272, title VI, § 6073, Apr. 7, 1986, 100 Stat. 134; Pub. L. 100–636, § 1(5), Nov. 8, 1988, 102 Stat. 3324, provided for a comprehensive Federal Plan relating to ocean pollu- tion. Section 1704, Pub. L. 95–273, § 5, May 8, 1978, 92 Stat. 230; Pub. L. 100–636, § 1(5), Nov. 8, 1988, 102 Stat. 3324, provided for a comprehensive ocean pollution program in NOAA. Section 1705, Pub. L. 95–273, § 6, May 8, 1978, 92 Stat. 231; Pub. L. 100–636, § 1(5), Nov. 8, 1988, 102 Stat. 3324, provided for Federal financial assistance for programs under this chapter. Section 1706, Pub. L. 95–273, § 7, May 8, 1978, 92 Stat. 232; Pub. L. 100–636, § 1(5), Nov. 8, 1988, 102 Stat. 3324, provided for interagency cooperation in carrying out this chapter. Section 1707, Pub. L. 95–273, § 8, May 8, 1978, 92 Stat. 232; Pub. L. 99–272, title VI, § 6074, Apr. 7, 1986, 100 Stat. 135; Pub. L. 100–636, § 1(5), Nov. 8, 1988, 102 Stat. 3324, provided for dissemination of information on ocean and Great Lakes pollution research activities. Section 1708, Pub. L. 95–273, § 9, May 8, 1978, 92 Stat. 232, related to effect of this chapter on other laws. Section 1709, Pub. L. 95–273, § 10, May 8, 1978, 92 Stat. 232; Pub. L. 96–17, June 4, 1979, 93 Stat. 34; Pub. L. 96–255, § 1, May 30, 1980, 94 Stat. 420; Pub. L. 99–272, title VI, § 6075, Apr. 7, 1986, 100 Stat. 135; Pub. L. 100–636, § 1(8), Nov. 8, 1988, 102 Stat. 3324, authorized appropria- tions to carry out this chapter. Page 656 TITLE 33—NAVIGATION AND NAVIGABLE WATERS §§ 1801, 1802 Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 95–273, § 1, May 8, 1978, 92 Stat. 228, as amend- ed by Pub. L. 96–255, § 3, May 30, 1980, 94 Stat. 420, which provided that this chapter could be cited as the ‘‘Na- tional Ocean Pollution Planning Act of 1978’’, was re- pealed by Pub. L. 102–567, title II, § 204, Oct. 29, 1992, 106 Stat. 4282. CHAPTER 32—INLAND WATERWAYS TRUST FUND Sec. 1801, 1802. Repealed. 1803. Study with respect to inland waterway user taxes and charges. 1804. Inland and intracoastal waterways of the United States. §§ 1801, 1802. Repealed. Pub. L. 99–662, title XIV, § 1405(b), Nov. 17, 1986, 100 Stat. 4271 Section 1801, Pub. L. 95–502, title II, § 203, Oct. 21, 1978, 92 Stat. 1697, established Inland Waterways Trust Fund. See section 9506 of Title 26, Internal Revenue Code. Section 1802, Pub. L. 95–502, title II, § 204, Oct. 21, 1978, 92 Stat. 1698, made Inland Waterways Trust Fund avail- able for expenditures for navigation construction and rehabilitation projects on inland waterways. See sec- tion 9506 of Title 26. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Jan. 1, 1987, see section 1405(d)(1) of Pub. L. 99–662, set out as an Effective Date note under section 9506 of Title 26, Internal Revenue Code. § 1803. Study with respect to inland waterway user taxes and charges (a) Study directed The Secretary of Transportation, and the Sec- retary of Commerce, in consultation with the Secretary of the Treasury, the Secretary of Ag- riculture, the Secretary of Energy, the Attorney General of the United States, the Secretary of the Army, the Chairman of the Water Resources Council, and the Director of the Office of Man- agement and Budget, shall— (1) make a full and complete study with re- spect to inland waterway user taxes and charges, and (2) make findings and policy recommenda- tions with respect thereto. Such study shall include (but shall not be lim- ited to) a consideration of the matters listed in subsections (b), (c), (d), (e), and (f) of this sec- tion. (b) Considerations relating to the taxing mecha- nism (1) The extent to which the Federal Govern- ment should seek to recover some or all of Federal expenditures for the benefit of inland waterway transportation from the users of the facilities for which such expenditures are made. (2) The various forms of inland waterway user taxes and charges which could be estab- lished. (3) The various methods of collecting inland waterway user taxes and charges, and the ad- ministrative costs of such taxes and charges. (4) The classes and categories of users and other persons on whom inland waterway user taxes and charges should be imposed. (5) The waterways of the United States (in- cluding the Great Lakes, deep draft channels, and coastal ports) which should be included in any system of user taxes and charges, together with the economic effects of such taxes and charges. (6) The use of revenues derived from inland waterway user taxes and charges, including consideration of changes in, or alternatives to, the Trust Fund mechanism. (c) Considerations relating to economic effects The economic effects of waterway user taxes and charges on— (1) Carriers and users On— (A) carriers and shippers using the inland waterways, and (B) users (including ultimate consumers) of commodities which are transported on the inland waterways. (2) Regions, etc. On— (A) existing investment in industrial plants, agricultural interests, and commer- cial enterprises, and on related employment, in regions of the country served by inland water transportation directly or in combina- tion with other modes, and (B) future economic growth prospects in such regions, including anticipated shifts of industry and employment to other areas to- gether with an evaluation of effects on re- gional economies and their development, in- cluding consistency with Federal policies as set forth in other legislation. (3) Small business and industrial concentration and competition On— (A) small business enterprise, and (B) industrial concentration and competi- tion, both within the transportation indus- try and in any line of commerce (within the meaning of the antitrust laws). (4) Competitors On the freight rates charged by other modes of transportation and the extent of short-term and long-term diversion of traffic from the in- land waterways to such other modes. In con- sidering such diversion of traffic, there shall also be considered the effects of such diversion on— (A) the development of alternative sources of supply and on alternative modes of trans- portation and alternative routing to market, (B) the comparative safety of the handling and transportation of hazardous materials, and (C) the comparative energy efficiency of the modes and routes of the transportation involved. (5) Prices On prices of commodities shipped by inland waterways and by competing modes, including the costs of energy materials and the effects on electric power rates.