[Code of Federal Regulations]
[Title 33, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR138.140]

[Page 91-92]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
   CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)
 
PART 138--FINANCIAL RESPONSIBILITY FOR WATER POLLUTION (VESSELS)--Table of Contents
 
Sec. 138.140  Enforcement.

    (a) Any person who fails to comply with this part with respect to 
evidence of financial responsibility under section 1016 of OPA 90 (33 
U.S.C. 2716) is

[[Page 92]]

subject to a civil penalty. In addition, under section 4303(b) of that 
Act (33 U.S.C. 2716a(b)), the Attorney General may secure such relief as 
may be necessary to compel compliance with this part including 
termination of operations. Further, any person who fails to comply with 
this part with respect to evidence of financial responsibility under 
section 108(a)(1) of CERCLA (42 U.S.C. 9608(a)(1)), is subject to a 
Class I administrative civil penalty and a Class II administrative civil 
penalty or judicial penalty.
    (b) The Secretary of the Treasury shall withhold or revoke the 
clearance required by 46 U.S.C. App. 91 to any vessel subject to this 
part that does not produce evidence of financial responsibility required 
by this part.
    (c) The Coast Guard may deny entry to any port or place in the 
United States or the navigable waters of the United States, and may 
detain at a port or place in the United States in which it is located, 
any vessel subject to this part, which, upon request, does not produce 
evidence of financial responsibility required by this part.
    (d) Any vessel subject to this part which is found in the navigable 
waters without the necessary evidence of financial responsibility is 
subject to seizure by and forfeiture to the United States.
    (e) Knowingly and willfully using an invalid Certificate, or any 
copy thereof, is fraud.

[CGD 91-005, 59 FR 34227, July 1, 1994, as amended by CGD 96-052, 62 FR 
16703, Apr. 8, 1997]