Page:United States Statutes at Large Volume 91.djvu/344

 91 STAT. 310

PUBLIC LAW 95-75—JULY 27, 1977

United States, shall certify that the vessel cannot comply fully with that requirement without interfering wath the special function of the vessel. (b) Whenever a certification is issued under the authority of subsection (a) hereof, the vessel involved shall comply with the requirement as to which the certification is made to the extent that the Secretary issuing the certification shall certify as the closest possible compliance by that vessel. Publication in (c) Notice of the certifications issued pursuant to subsections (a) Federal Register. and (b) hereof shall be published in the Federal Register. Rules. SEC. 7. (a) The Secretary of the Navy is authorized to promulgate 33 USC 1606. special rules with respect to additional station or signal lights or whistle signals for ships of war or vessels proceeding under convoy, and the Secretary of the department in which the Coast Guard is operating is authorized to promulgate special rules with respect to additional station or signal lights for fishing vessels engaged in fishing as a fleet. (b) The additional station or signal lights or whistle signals contained in the special rules authorized under subsection (a) hereof shall be, as far as possible, such that they cannot be mistaken for any light Publication in or signal authorized by the International Regidations. Notice of such Federal Register. special rules shall be published in the Federal Register and, after the effective date specified in such notice, they shall have effect as if they were a part of the International Regulations. Rules and SEC. 8. The Secretary of the department in which the Coast Guard regulations. is operating is authorized to promulgate such reasonable I'ules and 33 USC 1607. regulations as are necessary to implement the provisions of this Act and the International Regulations proclaimed hereunder. Penalties. SEC. 9. (a) Whoever operates a vessel, subject to the provisions of 33 USC 1608. this Act, in violation of this Act or of any regulation promulgated pursuant to section 8, shall be liable to a civil penalty of not more than $500 for each such violation. (b) Every vessel subject to the provisions of this Act, other than a public vessel being used for noncommercial purposes, which is operated in violation of this Act or of any regulation promulgated pursuant to section 8, shall be liable to a civil penalty of $500 for each such violation, for which penalty the vessel may be seized and proceeded against in the district court of the United States of any district within which such vessel may be found. (c) The Secretary of the department in which the Coast Guard is Notice and operating may assess any civil penalty authorized by this section. No hearing. such penalty may be assessed until the person charged, or the owner of the vessel charged, as appropriate, shall have been given notice of the violation involved and an opportunity for a hearing. For good cause shown, the Secretary may remit, mitigate, or compromise any penalty assessed. Upon the failure of the person charged, or the owner of the vessel charged, to pay an assessed penalty, as it may have been mitigated or compromised, the Secretary may request the Attorney General to commence an action in the appropriate district court of the United States for collection of the penalty as assessed, without regard to the amount involved, together with such other relief as may be appropriate.

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