46 U.S.C. § 2107 — Civil penalty procedures

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 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, cir- cumstances, extent, and gravity of the prohib- ited acts committed and, with respect to the vi- olator, 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 Gen- eral. (c) If a person fails to pay an assessment of a civil penalty after it has become final, the Sec- retary may refer the matter to the Attorney General for collection in an appropriate district court of the United States. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 506; Pub. L. 109–241, title III, § 306(b), July 11, 2006, 120 Stat. 528.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 2107 .............................................. 33:364 46:7 46:65u 46:216e(d) 46:391a(14) 46:526o 46:526p 46:1484(c) Section 2107 provides for standard procedures for the handling of civil penalties for infractions of law or reg- ulation. Some changes were made to increase some an- tiquated and inadequate penalties. The assessment of civil penalties under this section should not require an ‘‘on the record’’ hearing within the meaning of the Administrative Procedures Act (APA). It is intended that these civil penalties be as- sessed in a fair manner. However, the Committee recog- nizes that statutes passed in the last decade have in- volved the Coast Guard in tens of thousands of civil penalty enforcement cases and that it is necessary that the penalties be assessed efficiently. The Coast Guard’s procedural regulations for assessing civil penalties en- sure that the essential elements of due process, notice, and opportunity to be heard, are provided to alleged violators (see 33 CFR Subpart 1.07). The more rigid and time-consuming procedures applicable to APA adju- dications are unwarranted in the case of Coast Guard civil penalty assessment procedures and would seri- ously hamper the orderly enforcement of these admin- istrative penalties. Editorial Notes AMENDMENTS 2006—Pub. L. 109–241 substituted ‘‘this subtitle or sub- title VII’’ for ‘‘this subtitle’’ in two places in subsec. (a) and in one place in subsec. (b). [§ 2108. Repealed. Pub. L. 109–304, § 15(5), Oct. 6, 2006, 120 Stat. 1702] Section, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 507, re- lated to refund of penalties unlawfully, improperly, or excessively imposed. See section 504 of this title. § 2109. Public vessels Except as otherwise provided, this subtitle does not apply to a public vessel of the United States. However, this subtitle does apply to a vessel (except a Great Lakes St. Lawrence Sea- way Development Corporation vessel) owned or operated by the Department of Transportation or by any corporation organized or controlled by the Department. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 507; Pub. L. 99–509, title V, § 5102(b)(3), Oct. 21, 1986, 100 Stat. 1927; Pub. L. 109–241, title IX, § 902(e)(1), July 11, 2006, 120 Stat. 567; Pub. L. 111–281, title IX, § 903(a)(5)(A), Oct. 15, 2010, 124 Stat. 3010; Pub. L. 116–260, div. AA, title V, § 512(c)(6)(A), Dec. 27, 2020, 134 Stat. 2756.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 2109 .............................................. 46:362 46:363 46:391a(4) Section 2109 exempts public vessels from the applica- bility of the maritime safety and seamen’s welfare laws