cer within 20 days. The Hearing Officer includes the District Commander's comments in the record and furnishes a copy to the party. Upon receiving the District Commander's comments, or not later than 20 days after receipt of the appeal if no comments are submitted by the District Commander, the Hearing Officer forwards all naterials in the case to the Commandant.

(b) The Commandant issues a written decision in each case and furnishes copies to the party, the District Commander, and the Hearing Officer. The Commandant may affirm, reverse, or modify the decision, or remand the case for new or additional proceedings. In the absence of a remand, the decision of the Commandant on appeal shall be final. In addition to the actions which may be taken by the Commandant on appeal, the Commandant may also remit, mitigate or suspend the assessment in whole or in part. Upon the taking of remission, mitigation, or suspension action, the Commandant will inform the party of the action and any conditions placed on the action.

§ 1.07-80 Reopening of hearings.

(a) At any time prior to final agency action in a civil penalty case, a party may petition to reopen the hearing on the basis of newly discovered evidence.

(b) Petitions to reopen must be in writing describing the newly found evidence and must state why the evidence would probably produce a different result favorable to the petitioner, whether the evidence was known to the petitioner at the time of the hearing and, if not, why the newly found evidence could not have been discovered in the exercise of due diligence. The party must submit the petition to the Hearing Officer and provide a copy to the District Commander.

(c) The District Commander may file comments in opposition to the petition. If comments are filed, a copy is provided the party.

(d) A petition to reopen is considered by the Hearing Officer unless an appeal has been filed, in which case the petition is considered by the Commandant.

(e) The decision on the petition is decided on the basis of the record, the

petition, and the comments in opposition, if any. The petition is granted only when newly found evidence is described which has a direct and material bearing on the issues and when a valid explanation is provided as to why the evidence was not and could not have been, in the exercise of due diligence, produced at the hearing. The decision is rendered in writing.

(f) Following a denial of a petition to reopen, the party is given 30 days to file an appeal if one has not already been filed, or to amend an appeal which has already been filed.

§ 1.07-85 Collection of civil penalties.

(a) Authority for the collection of civil penalties is hereby delegated to the Commander of each Coast Guard District.

(b) Payment of a civil penalty may be made by check or postal money order payable to the U.S. Coast Guard.

(c) Within 30 days after the Commandant's decision on appeal, or within 30 days after the Hearing Officer's decision in a case in which no appeal has been filed, the party must submit payment of any assessed penalty to the District Commander. Failure to make timely payment will result in the institution of appropriate action under the Federal Claims Collection Act and the regulations issued thereunder.

(d) When a penalty of not more than $200 has been assessed under the Federal Boat Safety Act of 1971, the matter may be referred for collection of the penalty directly to the Federal Magistrate of the jurisdiction wherein the person liable may be found, for the institution of collection procedures under supervision of the district court, if the court has issued an order delegating such authority under section 636(b) of Title 28, United States Code.

§ 1.07-90 Criminal penalties.

(a) Prosecution in the Federal courts for violations of those laws or regulations enforced by the Coast Guard which provide, upon conviction, for punishment by fine or imprisonment is a matter finally determined by the

Department of Justice. This final determination consists of deciding whether and under what conditions to prosecute or to abandon prosecution.

(b) Except in those cases where the approval of the Commandant is required, the District Commander is authorized to refer the case to the U.S. attorney. The Commandant's approval is required in the following cases where evidence of a criminal offense is disclosed:

(1) Marine casualties or accidents resulting in death.

(2) Marine Boards (46 CFR Part 4). (3) Violations of port security regulations (33 CFR Parts 6, 121 to 126 inclusive).

(c) The District Commander will identify the laws or regulations which were violated and make specific recommendations concerning the proceedings to be instituted by the U.S. attorney in every case.

This appendix lists penalty provisions of statutes the Coast Guard is authorized to enforce. It includes penalty provisions of laws that the Coast Guard enforces and administers under this part. It also includes penalty provisions of laws that another agency administers, but the Coast Guard enforces when violations occur on the high seas and waters over which the United States has jurisdiction. Although this list is intended to be complete, the omission of any statute from the list has no effect upon the authority of the Coast Guard to enforce a statute not listed. It also states the penalty procedure for violation of each provision ("civil" or "criminal") used by the Coast Guard.

TITLE 8-ALIENS AND NATIONALITY

CHAPTER 8-THE COOLY TRADE

8 U.S.C. 334-Punishment for engaging in cooly trade (criminal)

8 U.S.C. 338-Involuntary transportation of Chinese, Japanese, etc. for purpose of holding to service; penalty (criminal)

TITLE 14-COAST GUARD

CHAPTER 5-FUNCTIONS AND POWERS

14 U.S.C. 83-Unauthorized aids to maritime navigation; penalty (criminal)

14 U.S.C. 84-Interference with aids to navigation; penalty (criminal)

14 U.S.C. 85-Failure to maintain lights; penalty (criminal)

CHAPTER 17-ADMINISTRATION

14 U.S.C. 638 Coast Guard ensigns and pennants (criminal)

14 U.S.C. 639-Penalty for unauthorized use of words "Coast Guard" (criminal)

CHAPTER 25-GENERAL PROVISIONS FOR COAST GUARD RESERVE AND AUXILIARY

14 U.S.C. 892-Unauthorized use of Coast Guard Auxiliary flags, pennants, uniforms, insignia (criminal)

TITLE 15-COMMERCE AND TRADE

CHAPTER 24-TRANSPORTATION OF GAMBLING DEVICES

15 U.S.C. 1176-Penalties (criminal)

TITLE 16-CONSERVATION

CHAPTER 5A-PROTECTION AND CONSERVATION OF WILDLIFE GAME, FUR-BEARING ANIMALS AND FISH

16 U.S.C. 668cc-4-Importation of endangered species; penalties for violations; civil penalties for nonwillful violations (civil and criminal)

CHAPTER 10-NORTHERN PACIFIC HALIBUT

FISHING

16 U.S.C. 772e-Penalties and forfeitures (criminal)

16 U.S.C. 772f-Penalties relative to records and reports (civil)

CHAPTER 10A-SOCKEYE OR PINK SALMON

FISHING

16 U.S.C. 776c-Penalties and forfeitures (criminal)

CHAPTER 11-REGULATION OF LANDING, CURING AND SALE OF SPONGES TAKEN FROM GULF OF MEXICO AND STRAITS OF FLORIDA

16 U.S.C. 783-Punishment for violations of law; liability of vessels (criminal)

CHAPTER 31-EMBEZZLEMENT AND THEFT

18 U.S.C. 641-Public money, property, or records (criminal)

18 U.S.C. 642-Tools and materials for counterfeiting purposes (criminal)

18 U.S.C. 643-Accounting generally for public money (criminal)

18 U.S.C. 651-Disbursing officer falsely certifying full payment (criminal)

18 U.S.C. 652-Disbursing officer paying lesser in lieu of lawful amounts (criminal) 18 U.S.C. 653-Disbursing officer misusing public funds (criminal)

18 U.S.C. 654-Officer or employee of United States converting property of another (criminal)

18 U.S.C. 659-Interstate or foreign baggage, express or freight; State prosecutions (criminal)

18 U.S.C. 661-Within special maritime and territorial jurisdiction (criminal)

18 U.S.C. 662-Receiving stolen property within special maritime and territorial jurisdiction (criminal)

CHAPTER 45-FOREIGN RELATIONS

18 U.S.C. 952-Diplomatic codes and correspondence (criminal)

18 U.S.C. 957-Possession of property in aid of foreign government (criminal)

18 U.S.C. 960-Expedition against friendly nation (criminal)

18 U.S.C. 961-Strengthening armed vessel of foreign national (criminal)

18 U.S.C. 962-Arming vessel against friendly nation (criminal)

18 U.S.C. 963-Detention of armed vessel (criminal)

18 U.S.C. 964-Delivering armed vessel to belligerent nation (criminal)

18 U.S.C. 965-Verified statements as prerequisite to vessel's departure (criminal) 18 U.S.C. 966-Departure of vessel forbidden for false statements (criminal)

18 U.S.C. 967-Departure of vessel in aid of neutrality (criminal)

18 U.S.C. 969-Exportation of arms, liquors, and narcotics to Pacific Islands (criminal)

CHAPTER 47—FRAUD AND FALSE STATEMENTS

18 U.S.C. 1001-Statements and entries generally (criminal)

18 U.S.C. 1002-Possession of false papers to defraud United States (criminal)

18 U.S.C. 1015-Naturalization, citizenship or alien registry (criminal)

18 U.S.C. 1016-Acknowledgement of appearance or oath (criminal)

18 U.S.C. 1017-Government seals wrongfully used and instruments wrongfully sealed (criminal)

18 U.S.C. 1018-Official certificates or writings (criminal)

18 U.S.C. 1022-Delivery of certificate, voucher, receipt for military or naval property (criminal)

CHAPTER 77-PEONAGE AND SLAVERY

18 U.S.C. 1581-Peonage; obstructing enforcement (criminal)

18 U.S.C. 1582-Vessels for slave trade (criminal)

18 U.S.C. 1583-Enticement into slavery (criminal)

18 U.S.C. 1584-Sale into involuntary servitude (criminal)

18 U.S.C. 1585-Seizure, detention, transportation or sales of slaves (criminal)

18 U.S.C. 1586-Service on vessels in slave trade (criminal)

18 U.S.C. 1587-Possession of slaves aboard vessel (criminal)

18 U.S.C. 1588-Transportation of slaves from United States (criminal)

CHAPTER 79-PERJURY

18 U.S.C. 1621-Perjury generally (criminal) 18 U.S.C. 1622-Subornation of perjury (criminal)

CHAPTER 81-PIRACY AND PRIVATEERING

18 U.S.C. 1651-Piracy under law of nations (criminal)

18 U.S.C. 1652-Citizens as pirates (criminal)

18 U.S.C. 1653-Aliens as pirates (criminal) 18 U.S.C. 1654-Arming or serving on privateers (criminal)

18 U.S.C. 1655-Assault on commander as piracy (criminal)

18 U.S.C. 1656-Conversion or surrender of vessel (criminal)