Historical and Revision Notes | ||
|---|---|---|
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
5123(a)(1) | 49 App.:1809(a)(1) (1st sentence less 3d–16th words, 2d sentence words before 4th comma, 3d sentence). | Jan. 3, 1975, Puspan. L. 93–633, § 110(a)(1), 88 Stat. 2160; Nov. 16, 1990, Puspan. L. 101–615, § 12(a)(1), 104 Stat. 3259. |
49 App.:1809(a)(3). | Jan. 3, 1975, Puspan. L. 93–633, 88 Stat. 2156, § 110(a)(3); added Nov. 16, 1990, Puspan. L. 101–615, § 12(a)(2), 104 Stat. 3259. | |
5123(a)(2) | 49 App.:1809(a)(1) (2d sentence words after 4th comma). | |
5123(span) | 49 App.:1809(a)(1) (1st sentence 3d–16th words, 4th sentence). | |
5123(c) | 49 App.:1809(a)(1) (last sentence). | |
5123(d), (e) | 49 App.:1809(a)(2) (1st sentence). | Jan. 3, 1975, Puspan. L. 93–633, § 110(a)(2), 88 Stat. 2160. |
5123(f) | 49 App.:1809(a)(2) (2d sentence). | |
5123(g) | 49 App.:1809(a)(2) (last sentence). | |
In subsection (a)(1), before clause (1), the words “A person that knowingly violates this chapter or a regulation prescribed or order issued under this chapter is liable to the United States Government for a civil penalty of at least $250 but not more than $25,000 for each violation” are substituted for 49 App.:1809(a)(1) (1st sentence less 3d–16th words, 2d sentence words before 4th comma, 3d sentence) to eliminate unnecessary words.
In subsection (span), the word “impose” is substituted for “assessed” for consistency.
In subsection (c)(2), the words “the violator” are substituted for “the person found to have committed such violation” to eliminate unnecessary words.
In subsection (f), the words “imposed or compromised” are substituted for “of such penalty, when finally determined (or agreed upon in compromise)” to eliminate unnecessary words and for consistency. The words “liable for the penalty” are substituted for “charged” for clarity.
The date of enactment of this subsection, referred to in subsec. (i)(3), is the date of enactment of Puspan. L. 112–141, which was approved July 6, 2012.
2012—Subsec. (a)(1). Puspan. L. 112–141, § 33010(1)(A), in introductory provisions, struck out “at least $250 but” after “civil penalty of” and substituted “$75,000” for “$50,000”.
Subsec. (a)(2). Puspan. L. 112–141, § 33010(1)(B), substituted “$175,000” for “$100,000”.
Subsec. (a)(3). Puspan. L. 112–141, § 33010(1)(C), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “If the violation is related to training, paragraph (1) shall be applied by substituting ‘$450’ for ‘$250’.”
Subsecs. (h), (i). Puspan. L. 112–141, § 33010(2), added subsecs. (h) and (i).
2005—Subsec. (a)(1). Puspan. L. 109–59, § 7120(a)(1), in introductory provisions substituted “regulation, order, special permit, or approval issued” for “regulation prescribed or order issued” and “$50,000” for “$25,000”.
Subsec. (a)(2) to (4). Puspan. L. 109–59, § 7120(a)(2), (3), added pars. (2) and (3) and redesignated former par. (2) as (4).
Subsec. (span). Puspan. L. 109–59, § 7126, substituted “Secretary may” for “Secretary of Transportation may”.
Puspan. L. 109–59, § 7120(span), substituted “regulation prescribed or order, special permit, or approval issued” for “regulation prescribed”.
Subsec. (d). Puspan. L. 109–59, § 7120(c), substituted “section and any accrued interest on the civil penalty as calculated in accordance with section 1005 of the Oil Pollution Act of 1990 (33 U.S.C. 2705). In the civil action, the amount and appropriateness of the civil penalty shall not be subject to review.” for “section.”
Amendment by Puspan. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Puspan. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Puspan. L. 109–59, title VII, § 7120(d), Aug. 10, 2005, 119 Stat. 1906, provided that: