46 U.S.C. § 41107

Monetary penalties or refunds

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(a)In General.—A person that violates this part or a regulation or order of the Federal Maritime Commission issued under this part is liable to the United States Government for a civil penalty or, in addition to or in lieu of a civil penalty, is liable for the refund of a charge. Unless otherwise provided in this part, the amount of the penalty may not exceed $5,000 for each violation or, if the violation was willfully and knowingly committed, $25,000 for each violation. Each day of a continuing violation is a separate violation.(b)Lien on Carrier’s Vessels.—The amount of a civil penalty or, in addition to or in lieu of a civil penalty, the refund of a charge, imposed on a common carrier under this section constitutes a lien on the vessels operated by the carrier. Any such vessel is subject to an action in rem to enforce the lien in the district court of the United States for the district in which it is found.(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1543; Pub. L. 117–146, § 8(a)(1), June 16, 2022, 136 Stat. 1276.)

Historical and Revision Notes
41107	46 App.:1712(a).	Pub. L. 98–237, § 13(a), Mar. 20, 1984, 98 Stat. 82; Pub. L. 105–258, title I, § 112(a), Oct. 14, 1998, 112 Stat. 1911.

Historical and Revision Notes

41107

46 App.:1712(a).

Pub. L. 98–237, § 13(a), Mar. 20, 1984, 98 Stat. 82; Pub. L. 105–258, title I, § 112(a), Oct. 14, 1998, 112 Stat. 1911.

In subsection (b), the words “is subject to an action in rem to enforce the lien” are substituted for “may be libeled therefore” to modernize the language.

Editorial NotesAmendments

2022—Pub. L. 117–146, § 8(a)(1)(A), inserted “or refunds” after “penalties” in section catchline.

Subsec. (a). Pub. L. 117–146, § 8(a)(1)(B), inserted “or, in addition to or in lieu of a civil penalty, is liable for the refund of a charge” after “civil penalty”.

Subsec. (b). Pub. L. 117–146, § 8(a)(1)(C), inserted “or, in addition to or in lieu of a civil penalty, the refund of a charge,” after “civil penalty”.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2015–2024 · leading case: SEC v. Jarkesy

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SEC v. Jarkesy (2024) scotus “§ 3545 (f) (Department of Housing and Urban Devel- opment); 46 U. S. C. § 41107 (a) (Federal Maritime Commis- sion); 47 U.”

MAVL Capital, Inc. v. Marine Transport Logistics, Inc. (2015) nyed “”); see also 46 U.S.C. § 41107 (b) (district courts may entertain actions in rem to enforce liens created by civil penalties imposed by the FMC); 46 U.”

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