86 STAT. ]
PUBLIC LAW 92-340-JULY 10, 1972
427
SEC. 104. The Secretary may issue reasonable rules, regulations, auth^rl^^.^"^ and standards necessary to implement this title. I n the exercise of his lulemaking authority the Secretary is subject to the provisions of chapters 5 and 7 of title 5, United States Code, I n preparing proposed 3 92°^8?staf.°i 9;. rules, regulations, and standards, the Secretary shall provide an ade- 5'use soo, quate opportunity for consultation and comment to State and local ^°^governments, representatives of the marine industry, port and harbor authorities, environmental groups, and other interested parties. SEC. 105. The Secretary shall, within one year after the effective Report to condate of this Act, report to the Congress his recommendations for legis- ^'•^^" lation which may be necessary to achieve coordination and/or eliminate duplication between the functions authorized by this Act and the functions of any other agencies. SEC. 106. Whoever violates a regulation issued under this title shall Penalty. be liable to a civil penalty of not more than $10,000. The Secretary may assess and collect any civil penalty incurred under this title and, in his discretion, remit, mitigate, or compromise any penalty. Upon failure to collect or compromise a penalty, the Secretary may request the Attorney General to commence an action for collection in any district court of the United States. A vessel used or employed in a violation of a regulation under this title shall be liable in rem and may be
- proceeded against in any district court of the United States having
jurisdiction. SEC. 107. Whoever willfully violates a regulation issued under this title shall be fined not less than $5,000 or more than $50,000 or imprisoned for not more than five years, or both, TITLE II—VESSELS CARRYING CERTAIN CARGOES IN BULK SEC, 201, Section 4417a of the Revised Statutes of the United States (46 U.S.C. 391a) is hereby amended to read as follows: " SEC. 4417a. (1) STATEMENT OF POLICY,—The Congress hereby finds and declares— "That the carriage by vessels of certain cargoes in bulk creates substantial hazards to life, property, the navigable waters of the United States (including the quality thereof) and the resources contained therein and of the adjoining land, including but not limited to fish, shellfish, and wildlife, marine and coastal ecosystems and recreational and scenic values, which waters and resources are hereafter in this section referred to as the 'marine environment', "That existing standards for the design, construction, alteration, repair, maintenance and operation of such vessels must be improved for the adequate protection of the marine environment, "That it is necessary that there be established for all such vessels documented under the laws of the United States or entering the navigable waters of the United States comprehensive minimum standards of design, construction, alteration, repair, maintenance, and operation to prevent or mitigate the hazards to life, property, and the marine environment, " (2) VESSELS INCLUDED,—All vessels, regardless of tonnage size, or manner of propulsion, and whether self-propelled or not, and whether carrying freight or passengers for hire or not, which are documented under the laws of the United States or enter the navigable waters of the United States, except public vessels other than those engaged in
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