49 U.S. Code § 5122 - Enforcement

(a) General.— At the request of the Secretary, the Attorney General may bring a civil action in an appropriate district court of the United States to enforce this chapter or a regulation prescribed or order, special permit, or approval issued under this chapter. The court may award appropriate relief, including a temporary or permanent injunction, punitive damages, and assessment of civil penalties considering the same penalty amounts and factors as prescribed for the Secretary in an administrative case under section 5123.
(b) Imminent Hazards.—
(1) If the Secretary has reason to believe that an imminent hazard exists, the Secretary may bring a civil action in an appropriate district court of the United States—
(A) to suspend or restrict the transportation of the hazardous material responsible for the hazard; or
(B) to eliminate or mitigate the hazard.
(2) On request of the Secretary, the Attorney General shall bring an action under paragraph (1) of this subsection.
(c) Withholding of Clearance.—
(1) If any owner, operator, or individual in charge of a vessel is liable for a civil penalty under section 5123 of this title or for a fine under section 5124 of this title, or if reasonable cause exists to believe that such owner, operator, or individual in charge may be subject to such a civil penalty or fine, the Secretary of Homeland Security, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance required by section 60105 of title 46.
(2) Clearance refused or revoked under this subsection may be granted upon the filing of a bond or other surety satisfactory to the Secretary.

Source

(Pub. L. 103–272, § 1(d),July 5, 1994, 108 Stat. 780; Pub. L. 104–324, title III, § 312(a),Oct. 19, 1996, 110 Stat. 3920; Pub. L. 109–59, title VII, §§ 7119, 7126,Aug. 10, 2005, 119 Stat. 1905, 1909; Pub. L. 109–304, § 17(h)(1),Oct. 6, 2006, 120 Stat. 1709.)

Historical and Revision Notes
Revised Section Source (U.S. Code) Source (Statutes at Large)
5122(a) 49 App.:1808(a) (last sentence words after semicolon). Jan. 3, 1975, Pub. L. 93–633, §§ 109(a) (last sentence words after semicolon), 111(a), 88 Stat. 2159, 2161.
49 App.:1810(a).
5122(b) 49 App.:1810(b). Jan. 3, 1975, Pub. L. 93–633, § 111(b), 88 Stat. 2161; Nov. 16, 1990, Pub. L. 101–615, § 3(b), 104 Stat. 3247.

In this section, the words “bring a civil action” are substituted for “bring an action in” in 49 App.:1810 and “petition . . . for an order . . . for such other order” for consistency in the revised title and with other titles of the United States Code.
In subsection (a), the text of 49 App.:1808(a) (last sentence words after semicolon) and the words “for equitable relief” in 49 App.:1810(a) are omitted as surplus. The words “enforce this chapter” are substituted for “redress a violation by any person of a provision of this chapter” to eliminate unnecessary words. The words “regulation prescribed or order issued” are substituted for “order or regulation issued” for consistency in the revised title and with other titles of the Code. The words “The court may award appropriate relief, including” are substituted for “Such district courts shall have jurisdiction to determine such actions and may grant such relief as is necessary or appropriate, including mandatory or prohibitive injunctive relief, interim equitable relief, and” to eliminate unnecessary words.
In subsection (b)(1), before clause (A), the words “as is necessary” are omitted as surplus.
Amendments

2006—Subsec. (c)(1). Pub. L. 109–304substituted “Secretary of Homeland Security” and “section 60105 of title 46” for “Secretary of the Treasury” and “section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91)”, respectively.
2005—Subsec. (a). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation”.
Pub. L. 109–59, § 7119(a), substituted “this chapter or a regulation prescribed or order, special permit, or approval” for “this chapter or a regulation prescribed or order” and “The court may award appropriate relief, including a temporary or permanent injunction, punitive damages, and assessment of civil penalties considering the same penalty amounts and factors as prescribed for the Secretary in an administrative case under section 5123” for “The court may award appropriate relief, including punitive damages”.
Subsec. (b)(1)(B). Pub. L. 109–59, § 7119(b), substituted “or mitigate the hazard” for “or ameliorate the hazard”.
1996—Subsec. (c). Pub. L. 104–324added subsec. (c).

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

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14 CFR - Aeronautics and Space

14 CFR Part 13 - INVESTIGATIVE AND ENFORCEMENT PROCEDURES

49 CFR - Transportation

49 CFR Part 105 - HAZARDOUS MATERIALS PROGRAM DEFINITIONS AND GENERAL PROCEDURES

49 CFR Part 106 - RULEMAKING PROCEDURES

49 CFR Part 107 - HAZARDOUS MATERIALS PROGRAM PROCEDURES

49 CFR Part 109 - DEPARTMENT OF TRANSPORTATION HAZARDOUS MATERIALS PROCEDURAL REGULATIONS FOR OPENING OF PACKAGES, EMERGENCY ORDERS, AND EMERGENCY RECALLS

49 CFR Part 110 - HAZARDOUS MATERIALS PUBLIC SECTOR TRAINING AND PLANNING GRANTS

49 CFR Part 171 - GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

49 CFR Part 172 - HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING REQUIREMENTS, AND SECURITY PLANS

49 CFR Part 173 - SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS

49 CFR Part 174 - CARRIAGE BY RAIL

49 CFR Part 175 - CARRIAGE BY AIRCRAFT

49 CFR Part 176 - CARRIAGE BY VESSEL

49 CFR Part 177 - CARRIAGE BY PUBLIC HIGHWAY

49 CFR Part 178 - SPECIFICATIONS FOR PACKAGINGS

49 CFR Part 179 - SPECIFICATIONS FOR TANK CARS

49 CFR Part 180 - CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

 

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