§50113 — Title 46 Shipping | U.S. Code

Summary

The Secretary of Transportation can require operators of vessels in U.S. foreign waterborne trade to file reports about a vessel’s use and performance. Those reports must be signed, verified, and filed when and how the Secretary’s rules say. If an operator does not file, they must pay $50 for each day of the violation. That penalty becomes a lien on the vessel and can be enforced in federal court where the ship is found. The Secretary may cancel or reduce the penalty.

Title 46, §50113

Shipping — Source: USLM XML via OLRC

(a)The Secretary of Transportation by regulation may require the operator of a vessel in the waterborne foreign commerce of the United States to file such report, account, record, or memorandum on the use and performance of the vessel as the Secretary considers desirable to assist in carrying out this subtitle. The report, account, record, or memorandum shall be signed and verified, and be filed at the times and in the manner, as provided by regulation.

(b)An operator not filing a report, account, record, or memorandum required by the Secretary under this section is liable to the United States Government for a civil penalty of $50 for each day of the violation. A penalty imposed under this section on the operator of a vessel constitutes a lien on the vessel involved in the violation. A civil action in rem to enforce the lien may be brought in the district court of the United States for any district in which the vessel is found. The Secretary may remit or mitigate any penalty imposed under this section.

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 5011346 App.:1122a.June 29, 1936, ch. 858, title II, § 212(A), as added June 25, 1956, ch. 437, 70 Stat. 332; Aug. 6, 1981, Pub. L. 97–31, § 12(70), 95 Stat. 159.

§50113 Use and Performance Reports by Operators of Vessels

Summary

Title 46, §50113

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata