Page:United States Statutes at Large Volume 106 Part 2.djvu/674

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106 STAT. 1554 PUBLIC LAW 102-388 —OCT. 6, 1992 SEC. 348. (a) DENIAL AND REVOCATION. — Chapter 121 of title 46, United States Code, is amended by adding at the end the following new section:

    • § 12123. Denial and revocation of endorsements

"The Secretary of Transportation is authorized to deny the issuance or renewal of a trade or recreational endorsement on a certificate of documentation issued under this chapter and to revoke such endorsement if that vessel's owner has not paid an assessment of a civil penalty after final agency action for a violation of law for which an assessment has been made by the Secretary.". (b) LIMITATIONS ON VESSEL OPERATIONS. —Section 12110(c) of title 46, United States Code, is amended by striking all of the first sentence through the first comma and inserting in lieu thereof the following: "When a vessel is operated after the Secretary has denied issuance or renewal of an endorsement or revoked the endorsement under section 12123 of this title and before the endorsement is reinstituted, or is employed in a trade for which an endorsement is required, without a certificate of documentation with an appropriate endorsement for that trade,". (c) TECHNICAL AMENDMENTS.— (1) Section 12103(a) of title 46, United States Code, is amended by striking "On" and inserting in lieu thereof "Except as provided in section 12123 of this title, on". (2) The analvsis for chapter 121 of title 46, United States Code, is amended by adding at the end the following new item: "12123. Denial and revocation of endorsements.". SEC. 349. Section 311(b) of the Federal Water Pollution Control 33 USC 1321. Act is amended by adding a new paragraph to read as follows: "(12) WITHHOLDING CLEARANCE.— If any owner, operator, or person in charge of a vessel is liable for a civil penalty under this subsection, or if reasonable cause exists to believe that the owner, operator, or person in charge may be subject to a civil penalty under this suDsection, the Secretary of the Treasury, upon the request of the Secretary of the department in which the Coast Guard is operating or the Administrator, shall with respect to such vessel refuse or revoke— "(A) the clearance required by section 4197 of the Revised Statutes of the United States (46 U.S.C. App. 91); "(B) a permit to proceed under section 4367 of the Revised Statutes of the United States (46 U.S.C. App. 313); and "(C) a permit to depart required under section 443 of the Tariff Act of 1930 (19 U.S.C. 1443); as applicable. Cleartuice or a permit refused or revoked under this paragraph may be granted upon the filing of a bond or other surety satismctory to the Secretary of the department in which the Coast Guard is operating or the Administrator.". SEC. 350. (a) WAIVER. — Notwithstanding any other provision of law, the obligations and liabilities of the Columbus and Greenville Railway under sections 505 and 511 of the Railroad Revitalization and Regulatory Reform Act of 1976, as amended, shall be suspended for the period beginning October 1, 1992, and ending September 30, 1994. ^ (b) REPAYMENT.—The obligations and Uabilities of the Columbus and Greenville Railway suspended under subsection (a) shall be repaid to the United States by the Railway on or before October