§5122 — Title 49 Transportation | U.S. Code

Summary

The Attorney General can file a lawsuit in federal court at the Secretary’s request to enforce the rules, permits, approvals, or orders under this chapter. The court can order relief like temporary or permanent stops, punitive damages, and civil penalties. The penalties use the same amounts and factors given for the Secretary in administrative cases under section 5123. If the Secretary believes there is an immediate danger from hazardous material, the Secretary can sue to stop or limit its movement or to remove or reduce the danger. If the Secretary asks, the Attorney General must bring that suit. If a vessel’s owner, operator, or person in charge is liable (or likely liable) for a penalty under section 5123 or a fine under section 5124, the Secretary of Homeland Security, when asked by the Secretary, must refuse or revoke any clearance required by section 60105 of title 46. Clearance can be restored if a satisfactory bond or surety is filed.

Title 49, §5122

Transportation — Source: USLM XML via OLRC

(a)At the request of the Secretary, the Attorney General may bring a civil action in an appropriate district court of the United States to enforce this chapter or a regulation prescribed or order, special permit, or approval issued under this chapter. The court may award appropriate relief, including a temporary or permanent injunction, punitive damages, and assessment of civil penalties considering the same penalty amounts and factors as prescribed for the Secretary in an administrative case under section 5123.

(b)(1)If the Secretary has reason to believe that an imminent hazard exists, the Secretary may bring a civil action in an appropriate district court of the United States—

(A)to suspend or restrict the transportation of the hazardous material responsible for the hazard; or

(B)to eliminate or mitigate the hazard.

(2)On request of the Secretary, the Attorney General shall bring an action under paragraph (1) of this subsection.

(c)(1)If any owner, operator, or individual in charge of a vessel is liable for a civil penalty under section 5123 of this title or for a fine under section 5124 of this title, or if reasonable cause exists to believe that such owner, operator, or individual in charge may be subject to such a civil penalty or fine, the Secretary of Homeland Security, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance required by section 60105 of title 46.

(2)Clearance refused or revoked under this subsection may be granted upon the filing of a bond or other surety satisfactory to the Secretary.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 5122(a)49 App.:1808(a) (last sentence words after semicolon).Jan. 3, 1975, Pub. L. 93–633, §§ 109(a) (last sentence words after semicolon), 111(a), 88 Stat. 2159, 2161. 49 App.:1810(a). 5122(b)49 App.:1810(b).Jan. 3, 1975, Pub. L. 93–633, § 111(b), 88 Stat. 2161; Nov. 16, 1990, Pub. L. 101–615, § 3(b), 104 Stat. 3247. In this section, the words “bring a civil action” are substituted for “bring an action in” in 49 App.:1810 and “petition . . . for an order . . . for such other order” for consistency in the revised title and with other titles of the United States Code. In subsection (a), the text of 49 App.:1808(a) (last sentence words after semicolon) and the words “for equitable relief” in 49 App.:1810(a) are omitted as surplus. The words “enforce this chapter” are substituted for “redress a violation by any person of a provision of this chapter” to eliminate unnecessary words. The words “regulation prescribed or order issued” are substituted for “order or regulation issued” for consistency in the revised title and with other titles of the Code. The words “The court may award appropriate relief, including” are substituted for “Such district courts shall have jurisdiction to determine such actions and may grant such relief as is necessary or appropriate, including mandatory or prohibitive injunctive relief, interim equitable relief, and” to eliminate unnecessary words. In subsection (b)(1), before clause (A), the words “as is necessary” are omitted as surplus.

Editorial Notes

Amendments

2006—Subsec. (c)(1). Pub. L. 109–304 substituted “Secretary of Homeland Security” and “section 60105 of title 46” for “Secretary of the Treasury” and “section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91)”, respectively. 2005—Subsec. (a). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation”. Pub. L. 109–59, § 7119(a), substituted “this chapter or a regulation prescribed or order, special permit, or approval” for “this chapter or a regulation prescribed or order” and “The court may award appropriate relief, including a temporary or permanent injunction, punitive damages, and assessment of civil penalties considering the same penalty amounts and factors as prescribed for the Secretary in an administrative case under section 5123” for “The court may award appropriate relief, including punitive damages”. Subsec. (b)(1)(B). Pub. L. 109–59, § 7119(b), substituted “or mitigate the hazard” for “or ameliorate the hazard”. 1996—Subsec. (c). Pub. L. 104–324 added subsec. (c).

§5122 Enforcement