---
kind: "section"
citation: "46 C.F.R. § 272.31"
title: "46"
number: "272.31"
heading: "Determination of penalty."
url: "https://uscodex.org/cfr/46/272.31"
---

# §272.31. Determination of penalty.


Operators whose Eligible Vessels have undergone foreign repairs, which MARAD determines are non-emergency in nature, may be subject to a penalty in an amount equal to the total cost (exclusive of applicable U.S. Customs duties) of such foreign repairs and purchases, such penalty to be effected by a deduction from the Operator's total ODS otherwise accrued. The Director, Office of Ship Operating Assistance, shall notify the Operator by letter with respect to:

- (a) MARAD's determination of a penalty and the reasons therefore; and
- (b) **Whether the determination is final or subject to the submission of additional information.**

## Notes

### Authority

Authority: 46 App. U.S.C. 1114(b), 1173, 1176; 49 CFR 1.66.

### Source

Source: 55 FR 34919, Aug. 27, 1990, unless otherwise noted.