Page:United States Statutes at Large Volume 120.djvu/1729

 120 STAT. 1698

PUBLIC LAW 109–304—OCT. 6, 2006

‘‘(A) may propose amendments to the annexes to the Convention; ‘‘(B) may propose a conference for amending annexes to the Convention; and ‘‘(C) shall consider and act on amendments to the annexes to the Convention adopted by the Maritime Safety Committee of the International Maritime Organization and communicated to the United States under article X(2) of the Convention. ‘‘(2) ACTION FOLLOWING APPROVAL OR OBJECTION.—If a proposed amendment to an annex is approved by the United States, the amendment shall enter into force as provided in article X of the Convention. If a proposed amendment is objected to, the Secretary of State promptly shall communicate the objection as provided in article X(3) of the Convention. ‘‘(d) APPOINTMENT OF ARBITRATOR.—The Secretary of State, with the concurrence of the Secretary of the department in which the Coast Guard is operating, shall appoint an arbitrator when one is required to resolve a dispute within the meaning of article XIII of the Convention. ‘‘§ 80509. Civil penalty ‘‘(a) IN GENERAL.—An owner, agent, or custodian who has been notified of an order issued under section 80505 of this title and fails to take reasonable and prompt action to prevent or stop a container subject to the order from being moved in violation of the order is liable to the United States Government for a civil penalty of not more than $5,000 for each container moved. Each day the container remains in service while the order is in effect is a separate violation. ‘‘(b) ASSESSMENT AND COLLECTION.— ‘‘(1) IN GENERAL.—After notice and an opportunity for a hearing, the Secretary of the department in which the Coast Guard is operating shall assess and collect any penalty under this section. ‘‘(2) FACTORS TO CONSIDER.—In determining the amount of the penalty, the Secretary shall consider the gravity of the violation, the hazards involved, and the record of the person charged with respect to violations of the Convention, this chapter, or regulations prescribed under this chapter. ‘‘(3) REMISSION, MITIGATION, OR COMPROMISE.—The Secretary may remit, mitigate, or compromise a penalty under this section. ‘‘(4) ENFORCEMENT.—If a person fails to pay a penalty under this section, the Secretary shall refer the matter to the Attorney General for collection in an appropriate district court of the United States.’’. SEC. 12. MARITIME ADMINISTRATION.

Section 109 of title 49, United States Code, is amended to read as follows: ‘‘§ 109. Maritime Administration ‘‘(a) ORGANIZATION.—The Maritime Administration is an administration in the Department of Transportation. ‘‘(b) MARITIME ADMINISTRATOR.—The head of the Maritime Administration is the Maritime Administrator, who is appointed

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