PUBLIC LAW 109–304—OCT. 6, 2006
120 STAT. 1555
‘‘(B) $15,000 for each additional passenger accommodation between 501 and 1,000. ‘‘(C) $10,000 for each additional passenger accommodation between 1,001 and 1,500. ‘‘(D) $5,000 for each additional passenger accommodation over 1,500. ‘‘(2) MULTIPLE VESSELS.—If the owner or charterer is operating more than one vessel subject to this chapter, the amount of financial responsibility shall be based on the number of passenger accommodations on the vessel with the largest number of passenger accommodations. ‘‘(c) AVAILABILITY TO PAY JUDGMENT.—The amount determined under subsection (b) shall be available to pay a judgment for damages (whether less than or more than $20,000) for death or injury to a passenger or other individual on a voyage to or from a port in the United States. ‘‘(d) MEANS OF ESTABLISHING.—Financial responsibility under this section may be established by one or more of the following if acceptable to the Commission: ‘‘(1) Insurance. ‘‘(2) Surety bond issued by a bonding company authorized to do business in the United States. ‘‘(3) Qualification as a self-insurer. ‘‘(4) Other evidence of financial responsibility. ‘‘§ 44104. Civil penalty ‘‘A person that violates section 44102 or 44103 of this title is liable to the United States Government for a civil penalty of not more than $5,000, plus $200 for each passage sold, to be assessed by the Federal Maritime Commission. The Commission may remit or mitigate the penalty on terms the Commission considers proper. ‘‘§ 44105. Refusal of clearance ‘‘The Secretary of Homeland Security shall refuse the clearance required by section 60105 of this title, at the port or place of departure from the United States, of a vessel that is subject to this chapter and does not have evidence issued by the Federal Maritime Commission of compliance with sections 44102 and 44103 of this title. ‘‘§ 44106. Conduct of proceedings ‘‘Part A of this subtitle applies to proceedings conducted by the Federal Maritime Commission under this chapter.’’. SEC. 8. SUBTITLE V OF TITLE 46.
(a) SUBTITLE ANALYSIS.—The analysis of subtitle V of title 46, United States Code, is amended to read as follows: ‘‘PART A—GENERAL ‘‘Chapter Sec. ‘‘501. Policy, Studies, and Reports ................................................................ 50101 ‘‘503. Administrative ........................................................................................ 50301 ‘‘505. Other General Provisions ..................................................................... 50501
‘‘PART B—MERCHANT MARINE SERVICE ‘‘511. General ..................................................................................................... 51101
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