46 U.S.C. § 504 — Remission of fees and penalties

Page 17 TITLE 46—SHIPPING § 505 2012—Subsec. (b). Pub. L. 112–213 designated existing provisions as par. (1), inserted par. (1) heading, and added pars. (2) and (3). 2008—Subsec. (b). Pub. L. 110–417 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: ‘‘When the head of an agency responsible for the administration of the navi- gation or vessel-inspection laws considers it necessary in the interest of national defense, the individual may waive compliance with those laws to the extent, in the manner, and on the terms the individual prescribes.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Pub. L. 116–283, div. C, title XXXV, § 3502(a)(2), Jan. 1, 2021, 134 Stat. 4398, provided that: ‘‘The amendments made by paragraph (1) [amending this section] shall apply with respect to waivers issued after the date of the enactment of this Act [Jan. 1, 2021].’’ § 502. Cargo exempt from forfeiture Cargo on a vessel is exempt from forfeiture under this title if— (1) the cargo is owned in good faith by a per- son not the owner, master, or crewmember of the vessel; and (2) the customs duties on the cargo have been paid or secured for payment as provided by law. (Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1490.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 502 ............. 46 App.:326. R.S. § 4378. § 503. Notice of seizure When a forfeiture of a vessel or cargo accrues, the official of the United States Government re- quired to give notice of the seizure of the vessel or cargo shall include in the notice, if they are known to that official, the name and the place of residence of the owner or consignee at the time of the seizure. (Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1490.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 503 ............. 46 App.:327. R.S. § 4379. § 504. Remission of fees and penalties Any part of a fee, tax, or penalty paid or a for- feiture incurred under a law or regulation relat- ing to vessels or seamen may be remitted if— (1) application for the remission is made within one year after the date of the payment or forfeiture; and (2) it is found that the fee, tax, penalty, or forfeiture was improperly or excessively im- posed. (Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1491.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 504 ............. 46:2108. This section replaces 46 U.S.C. 2108, which was en- acted as part of the codification of subtitle II of title 46 in 1983. That provision was based on section 26 of the Act of June 26, 1884, ch. 121, 23 Stat. 59, which prior to the subtitle II codification appeared at 46 U.S.C. 8 (1982 ed.). In the enactment of 46 U.S.C. 2108, the scope of the 1884 provision was narrowed, presumably inadvertently. This section restores the remissions authority to its prior scope. Note that 19 C.F.R. § 4.24 (2003) still refers to ‘‘the authority to make refunds in accordance with section 26 of the Act of June 26, 1884 (46 U.S.C. 8)’’ as if that provision had not been replaced by 46 U.S.C. 2108 in 1983. § 505. Penalty for violating regulation or order A person convicted of knowingly and willfully violating a regulation or order of the Federal Maritime Commission or the Secretary of Transportation under subtitle IV or V of this title, for which no penalty is expressly provided, shall be fined not more than $500. Each day of a continuing violation is a separate offense. (Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1491.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 505 ............. 46 App.:1228 (last par.). June 29, 1936, ch. 858, title VIII, § 806(d); as added Aug. 4, 1939, ch. 417, § 13, 53 Stat. 1187; Pub. L. 97–31, § 12(125), Aug. 6, 1981, 95 Stat. 164. Subtitle II—Vessels and Seamen PART A—GENERAL PROVISIONS Chapter Sec. 21. General .................................................. 2101 23. Operation of Vessels Generally ....... 2301 PART B—INSPECTION AND REGULATION OF VESSELS 31. General .................................................. 3101 32. Management of Vessels ...................... 3201 33. Inspection Generally .......................... 3301 35. Carriage of Passengers ...................... 3501 37. Carriage of Liquid Bulk Dangerous Cargoes ............................................... 3701 [39. Repealed.] .............................................. 41. Uninspected Vessels Generally ....... 4101 43. Recreational Vessels .......................... 4301 45. Uninspected Commercial Fishing Industry Vessels ............................... 4501 47. Abandonment of Barges .................... 4701 49. Oceangoing Non-Passenger Com- mercial Vessels ................................. 4901 PART C—LOAD LINES OF VESSELS 51. Load Lines ............................................ 5101 PART D—MARINE CASUALTIES 61. Reporting Marine Casualties ........... 6101 63. Investigating Marine Casualties ..... 6301 PART E—MERCHANT SEAMEN LICENSES, CERTIFICATES, AND DOCUMENTS 71. Licenses and Certificates of Reg- istry ..................................................... 7101 73. Merchant Mariners’ Documents ...... 7301 75. General Procedures for Licensing, Certification, and Documentation 7501 77. Suspension and Revocation ............. 7701 PART F—MANNING OF VESSELS 81. General .................................................. 8101