An Act to amend the Shipping Act of 1916, and the International Shipping Act, 1933, to convert criminal penalties to civil penalties in certain instances, and for other purposes
PL 92-416 (H.R.755), enacted 08/29/1972

86 STAT. ] 
PUBLIC LAW 92-416-AUG. 29, 1972 
653 
Public Law 92-416 
• 
AN ACT 
To amend the Shipping Act. 1»16. aud the Intei-coastal Shipping Ait. 1!)33, to 
convert, criminal iienalties to civil penalties in certain instances, and for other 
purposes. 
August 29, 197:! 
[H. R.755] 
Be it enacted hy the Senat«' and House of Representative^ 
of the 
raited States o^ Amei-ica in Congress assembled^ That the Shipping 
Act. 1916 (46 L.S.C 801 et seq.), is amended as follows: 
(a) By deleting that part of the first sentence in the last paragraph 
of section 15, immediately preceding the proviso, and substituting tlie 
following : 
"Whoever violates any provision of this section or of section 14b 
shall be subject to a civil penalty of not more than $1,0()() for each 
(lay such violation continues :" 
(b) By deleting the last paragraph of section 16 and substituting 
the following: 
"Whoever violates any provision of this section other than para-
graphs First and Third hereof shall be subject to a civil penalty of 
not more than $5,000 for each sucli violation. 
"Whoever violates paragraphs First and Third hereof shall be 
guilty of a misdemeanor punishable by a tine of not more than $5,000 
for each offense." 
(c) By deleting section 18(b)(6) and substituting the following: 
"(6) Whoever violates any provision of this section shall be subject 
to a civil penalty of not more than $1,000 for each day such violation 
continues." 
(d) By amending the first paiagraph of section 23 to read as 
follows: 
"Orders of the (Commission ivlating to any violation of this Act 
or to any violation of any rule or le^ulation issued pursuant to this 
Act shall be made only after full hearing, and upon a sworn complaint 
or in proceedings instituted of its own motion." 
(e) By deleting section 32 and substituting therefor the following: 
"SEC. 32. (a) That whoever violates any provision of sections 14 
through 21 and section 44 of this Act, except where a different penalty 
is provided, shall be subject to a civil ])enalty not to exceed $5,000 
for each such violation. 
"(b) Whoever violates any provision of any other section of this 
Act, except where a different penalty is provided, shall be guilty of 
a misdemeanor, punishable by a fine not to exceed $5,000. 
"(c) Whoever violates any order, nile, or regulation of the Federal 
Maritime Commission made or issued in the exercise of its powers, 
duties, or functions, shall be subject to a civil penalty of not more than 
$1,000 for each day such violation continues." 
SEC. 2. The last sentence of section 2 of the Intercoastal Shipping 
Act, 1933 (46 U.S.C. 844), is amended to read as follows: 
"Whoever violates any provision of this section shall be subject to 
a civil penalty of not more than $1,000 for each day such violation 
continues." 
SEC. 3. Any civil penalty provided herein may be comj^romised by 
the Federal Maritime Commission, or may be recovered by the United 
States in a civil action. 
Approved August 29, 1972. 
Federal Mari-
time Commission. 
Shipping laws, 
civil penalties. 
39 Stat. 728. 
75 Stat. 763; 
78 Stat. 148. 
46 u s e 814. 
46 u s e 813a. 
49 Stat. 1518. 
46 u s e 815. 
46 u s e 817. 
46 u s e 822. 
46 u s e 831. 
46 u s e 812-
!20, 841b. 
79 Stat. 213. 
Civil penalty, 
compromise or 
recovery.