[Code of Federal Regulations]
[Title 46, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 46CFR42.07-50]

[Page 18]
 
                           TITLE 46--SHIPPING
 
   CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)
 
PART 42_DOMESTIC AND FOREIGN VOYAGES BY SEA--Table of Contents
 
        Subpart 42.07_Control, Enforcement, and Rights of Appeal
 
Sec. 42.07-50  Penalties for violations.

    (a) The penalties for violation of various provisions of the load 
line acts or the regulations established thereunder are set forth in 46 
U.S.C. 5116. The Secretary of Transportation by 49 CFR 1.46(b) has 
transferred to the Commandant authority to assess, collect, remit or 
litigate any monetary penalty imposed under these laws.
    (b) The master and/or owner of a vessel that is operated, navigated, 
or used in violation of the provisions of the load line acts, or the 
regulations in this subchapter will be subject to the penalties as set 
forth in law, and the vessel shall also be liable therefor. Depending 
upon the gravity of the violations, the Coast Guard may do any one or 
more of the following:
    (1) Detain a vessel if deemed to be overloaded in violation of title 
46 U.S.C. 5112, in accordance with 46 U.S.C. 5113 and have the vessel 
surveyed by three disinterested surveyors.
    (2) Assess and collect applicable monetary penalties for certain 
violations as provided in 46 U.S.C. 5112 and 5116.
    (3) Initiate a criminal prosecution for certain violations when 
required by 46 U.S.C. 5112 or 5116.
    (4) Initiate an action of libel against the vessel involved if there 
is a failure to pay monetary penalties assessed.
    (5) Initiate a suspension or revocation proceeding, in addition to 
the foregoing actions described in this paragraph against any officer or 
seaman holding a valid Coast Guard license or merchant mariner's 
document and who may violate any provision of the load line acts, the 
1966 Convention, or the regulations in this subchapter, under the 
provisions of 46 U.S.C. Chapter 77, and the regulations in 46 CFR part 
5.
    (c) In determining offenses, 46 U.S.C. 5116 provides that `Each day 
of a continuing violation is a separate violation' and
    (d) The procedures governing the assessment, collection, remission 
and litigation of any monetary penalty proposed under 46 U.S.C. 5116 for 
a violation of either load line law or the applicable regulations in 
this subchapter, as well as the appeal procedures to be allowed, are in 
33 CFR subpart 1.07.

[CGFR 68-60, 33 FR 10054, July 12, 1968, as amended by CGFR 68-126, 34 
FR 9012, June 5, 1969; CGD 80-120, 47 FR 5722, Feb. 8, 1982; CGD 97-057, 
62 FR 51043, Sept. 30, 1997]

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