33 CFR 401.204 - Criminal penalties.

§ 401.204 Criminal penalties.

(a) Prosecution in the Federal courts for violations of Seaway Regulations enforced by the Corporation that provide, upon conviction, for punishment by fine or imprisonment is a matter finally determined the Department of Justice. This final determination consists of deciding whether and under what conditions to prosecute or to abandon prosecution.

(b) The Corporation's Chief Counsel is hereby authorized to determine whether or not a violation of the Seaway Regulations carrying a criminal penalty is one that would justify referral of the case to the U.S. Attorney.

(c) The Corporation's Chief Counsel will identify the regulations that were violated and make specific recommendations concerning the proceedings to be instituted by the U.S. Attorney in every case.

(d) Referral of a case to the U.S. Attorney for prosecution terminates the Corporation's authority with respect to the criminal aspects of a violation.

( 68 Stat. 93-96, 33 U.S.C. 981- 990, as amended sec. 104, Pub. L. 92-340 86 Stat. 424 and secs. 12 and 13 of sec. 2 of Pub. L. 95-474, 92 Stat. 1471, and 49 CFR 1.52)
[ 50 FR 10963, Mar. 19, 1985]

Title 33 published on 07-Jun-2017 03:52

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 33 CFR Part 401 after this date.

  • 2017-03-03; vol. 82 # 41 - Friday, March 3, 2017
    1. 82 FR 12418 - Seaway Regulations and Rules: Periodic Update, Various Categories
      GPO FDSys XML | Text
      DEPARTMENT OF TRANSPORTATION, Saint Lawrence Seaway Development Corporation
      Final rule.
      This rule is effective on March 20, 2017.
      33 CFR Part 401