master, or person in charge of the vessel, such vessel shall be liable for the penalty and may be seized and proceeded against by way of libel in the district court of the United States in any district in which such vessel may be found. (15) Increased penalty in event of personal injury or death for violation of section or regulations When the death or bodily injury of any person results from the violation of this section or any regulations made in pursuance thereof, the person or persons who shall have knowingly violated or caused to be violated such provisions or regulations shall be fined not more than $10,000 or imprisoned not more than ten years, or both.

(16) Transportation of motor vehicles carrying gasoline, etc.; penalty for violations

The transportation by vessels of gasoline or any other inflammable or combustible liquid or inflammable gas when carried by motor vehicles using the same as a source of their own motive power, or motive power for driving auxiliaries forming a part of the vehicle, shall be lawful under the conditions as set forth in the regulations established by the Commandant of the Coast Guard under this section: Provided, however, That the motor or motors in any vehicle be stopped immediately after entering the said vessel, and that the same be not restarted until immediately before said vehicle shall leave the vessel after said vessel has been made fast to the wharf or ferry bridge at which she lands. All other fire, if any, in such vehicle shall be extinguished before entering the said vessel and the same shall not be relighted until after said vehicle shall leave the vessel: Provided further, That the Commandant of the Coast Guard, may, by regulation, permit the operation on board vessels of motive power for driving auxiliaries forming a part of motor vehicles, under such conditions as he may deem proper: Provided further, That any owner, charterer, agent, master, or other person having charge of a vessel shall have the right to refuse to transport motor vehicles the fuel tanks of which contain gasoline or other inflammable or combustible liquid or inflammable gas used as a source of power for the vehicle or its auxiliaries: Provided further, That the owner, motor carrier, and operator of any such vehicle in which all fires have not been extinguished or the motor or motors stopped as required by this subsection or regulations established thereunder, and the owner, charterer, agent, master, or person in charge of the vessel on which such vehicle is transported, shall each be liable to a penalty of not more than $500, for which the motor vehicle and vessel, respectively, shall be liable: And provided further, That a violation of this subsection shall not subject any person to the penalty provided in subsection (14) or (15) of this section.

(17) Civil penalty for violation of section or regulations; assessment; criteria; action by Attorney General; compromise by Secretary; deduction from any Federal obligation; deposit in Treasury (A) Any person (except an employee who acts without knowledge) who is determined by the Secretary, after notice and an opportunity for a

hearing, to have knowingly committed an act which is a violation of any provision of this section, or of any regulation issued under this section, shall be liable to the United States for a civil penalty of not more than $10,000 for each day of each violation. The amount of such civil penalty shall be assessed by the Secretary by written notice. In determining the amount of such penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the violation committed and, with respect to the person found to have committed such violation, the degree of culpability, any history of prior offenses, ability to pay, effect on ability to continue to do business, and such other matters as justice may require.

(B) Such civil penalty may be recovered in an action brought by the Attorney General on behalf of the United States, in the appropriate district court of the United States or, prior to referral to the Attorney General, such civil penalty may be compromised by the Secretary. The amount of such penalty, when finally determined (or agreed upon in compromise), may be deducted from any sums owed by the United States to the person charged. All penalties collected under this subsection shall be deposited in the Treasury of the United States as miscellaneous receipts.

(R.S. § 4472; Feb. 27, 1877, ch. 69, § 1, 19 Stat. 252; Feb. 20, 1901, ch. 386, 31 Stat. 799; Feb. 18, 1905, ch. 586, 33 Stat. 720; Mar. 3, 1905, ch. 1457, § 8, 33 Stat. 1031; May 28, 1906, ch. 2565, 34 Stat. 204; Jan. 24, 1913, ch. 10, 37 Stat. 650; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; Oct. 22, 1914, ch. 336, 38 Stat. 766; Mar. 29, 1918, ch. 30, 40 Stat. 499; Mar. 2, 1925, ch. 387, 43 Stat. 1093; Oct. 9, 1940, ch. 777, § 1, 54 Stat. 1023; Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; July 16, 1952, ch. 887, 66 Stat. 730; Oct. 15, 1966, Pub. L. 89-670, § 6(e)(4), 80 Stat. 937; Jan. 3, 1975, Pub. L. 93-633, title I, § 113(a), (f), 88 Stat. 2161, 2163.)

REFERENCES IN TEXT

226, 228, 229, 230 to 234, 239, 240, 361, 362, 364, 371 to 373, 375 to 382, 384, 385, 391, 391a, 392 to 394, 399 to 404, 405 to 416, 435 to 440, 451 to 453, 460, 461 to 463, 464, 466, 467 to 482, and 489 to 498 of this title. For complete classification of R.S. §§ 4399 to 4500 to the Code, see Tables.

Section 835 of title 18, referred to in subsec. (7)(e), was repealed by Pub. L. 96-129, title II, § 216(b), Nov. 30, 1979, 93 Stat. 1015. See chapter 29 (§ 2001 et seq.) of Title 49, Appendix, Transportation.

CODIFICATION

R.S. § 4472 derived from act Feb. 28, 1871, ch. 100, § 4, 16 Stat. 441.

Section as enacted in the Revised Statutes, was as follows: "No loose hay, loose cotton, or loose hemp, camphene, nitroglycerine, naphtha, benzine, benzole, coal-oil, crude or refined petroleum, or other like explosive burning fluids, or like dangerous articles, shall be carried as freight or used as stores on any steamer carrying passengers; nor shall baled cotton or hemp be carried on such steamers unless the bales are compactly pressed and thoroughly covered with bagging of similar fabric, and secured with good rope or iron bands; nor shall gunpowder be carried on any such vessel, except under special license; nor shall oil of vitriol, nitric or other chemical acids be carried on such steamers except on the decks or guards thereof, or in such other safe part of the vessel as shall be prescribed by the inspectors. Refined petroleum, which will not ignite at a temperature less than one hundred and ten degrees of Fahrenheit thermometer, may be carried on board such steamers upon routes where there is no other [practical] [practicable] mode of transporting it, and under such regulations as shall be prescribed by the board of supervising inspectors with the approval of the Secretary of the Treasury; and oil or spirits of turpentine may be carried on such steamers when put up in good metallic vessels, or casks or barrels well and securely bound with iron and stowed in a secure part of the vessel; and friction-matches may be carried on such steamers when securely packed in strong tight chests or boxes, the covers of which shall be well secured by locks, screws, or other reliable fastenings, and stowed in a safe part of the vessel at a secure distance from any fire or heat. All such other provisions shall be made on every steamer carrying passengers or freight, to guard against and extinguish fire, as shall be prescribed by the board of supervising inspectors, and approved by the Secretary of the Treasury."

It was amended by act Feb. 27, 1877, by striking out, after the words “upon routes where there is no other," the word "practical" and substituting therefor the word "practicable."

It was further amended by act Feb. 20, 1901, by adding, at the end of the section as originally enacted, the fourth sentence, including two provisos: “Nothing in the foregoing or following sections of this chapter shall prohibit the transportation by steam vessels of gasoline or any of the products of petroleum when carried by motor vehicles (commonly known as automobiles) using the same as a source of motive power: Provided, however, That all fire, if any, in such vehicles or automobiles be extinguished before entering the said vessel, and that the same be not relighted until after said vehicle shall have left the same: Provided further, That any owner, master, agent, or other person having charge of passenger steam vessels shall have the right to refuse to transport automobile vehicles the tanks of which contain gasoline, naphtha, or other dangerous burning fluids."

Said last mentioned amendment was itself amended by act Feb. 18, 1905, by changing the first proviso therein to read as follows: "Provided, however, That all fire, if any, in such vehicles or automobiles be extinguished immediately after entering the said vessel, and that the same be not relighted until immediately before said vehicle shall leave the vessel."

The section was again amended, by act Mar. 3, 1905, with the exception of the last five provisos and the

last sentence and except for a reference therein to the Secretary of Commerce and Labor, by substituting "nitroglycerin" for "nitroglycerine"; "and secured in such manner as shall be prescribed by the regulations established by the Board of Supervising Inspectors with the approval of the Secretary of Commerce and Labor" for "with bagging of similar fabric, and secured with good rope or iron bands"; "fires" for "fire" in first proviso; and "Secretary of Commerce and Labor" for "Secretary of the Treasury".

It was further amended by acts May 28, 1906, Jan. 24, 1913, Oct. 22, 1914, Mar. 29, 1918, and Mar. 2, 1925, by adding the following provisos and last sentence: "Provided, however, That nothing in the provisions of this chapter shall prohibit the transportation by vessels not carrying passengers for hire, of gasoline or any of the products of petroleum for use as a source of motive power for the motor boats or launches of such vessels: Provided further, That nothing in the foregoing or following sections of this chapter shall prohibit the use, by steam vessels carrying passengers for hire, of lifeboats equipped with gasoline motors, and tanks containing gasoline for the operation of said motordriven lifeboats: Provided, however, That no gasoline shall be carried other than that in the tanks of the life boats: Provided, further, That the use of such lifeboats equipped with gasoline motors shall be under such regulations as shall be prescribed by the Board of Supervising Inspectors with the approval of the Secretary of Commerce: Provided, however, That nothing in the foregoing or following sections of this chapter shall prohibit the transportation and use by vessels carrying passengers or freight for hire of gasoline or any of the products of petroleum for the operation of engines to supply an auxiliary lighting and wireless system independent of the vessel's main power plant: Provided, further, That the transportation or use of such gasoline or any of the products of petroleum shall be under such regulations as shall be prescribed by the Board of Supervising Inspectors, with the approval of the Secretary of Commerce: Provided, however, That kerosene and lubricating oils made from refined products of petroleum which will stand a fire test of not less than three hundred degrees Fahrenheit may be used as stores on board steamers carrying passengers, under such regulations as shall be prescribed by the Board of Supervising Inspectors with the approval of the Secretary of Commerce. The owner of any automobile in which all fire has not been extinguished and the motors stopped immediately after the automobile has taken its position on any vessel found on navigable waters of the United States and in which such fires do not remain extinguished and the motors remain idle until the vessel is made fast to the wharf or ferry bridge at which she lands shall incur a penalty of not more than $500, for which the automobile shall be liable."

Phrase "and the Philippine Islands" following "Panama Canal Zone" in subsec. (1) was omitted pursuant to Proc. No. 2695, which proclaimed the independence of the Philippines under the authority of section 1394 of Title 22, Foreign Relations and Intercourse, and under which section Proc. No. 2695 is set out as a note.

Section was formerly classified to section 465 of this title.

AMENDMENTS

1975-Subsec. (6)(a). Pub. L. 93-633, § 113(f)(1). substituted "flammable" for "inflammable" wherever appearing, inserted "or combustible" preceding "liquids", incorporated substance of former proviso in the penultimate sentence, included therein reference to any flammable liquid, substituted provision for a standard based on lower flash point for the liquid than is defined as safe pursuant to regulations establishing the defining flashpoint criteria for flammable and combustible liquids for prior provision respecting transportation of the combustible liquid which gives off in

flammable vapors (as defined by flash-point in open cup tester as used for test of burning oil) at or below a temperature of 150 degrees Fahrenheit and above 80 degrees Fahrenheit, and authorized the Secretary of Transportation to prescribe regulations and revise them when necessary.

Subsec. (6)(b)(iv). Pub. L. 93-633, § 113(f)(2), substituted "flammable or combustible liquids" for "inflammable liquids".

Subsec. (14). Pub. L. 93-633, § 113(a)(1), in the first sentence, inserted "criminal" preceding "penalty" and "or imprisoned not more than 5 years, or both" preceding "for each violation".

Subsec. (17). Pub. L. 93-633, § 113(a)(2), added subsec. (17).

(e).

1952-Subsec. (7)(e). Act July 16, 1952, added par.

1940-Act Oct. 9, 1940, amended section generally. EFFECTIVE DATE OF 1975 Amendment; ContinuaNCE OF PRIOR PROVISIONS; TWO YEAR LIMITATION AFTER JANUARY 3, 1975, FOR ARRANGEMENTS, INCLUDING LICENSES, ETC., TO COMPLY WITH PUB. L. 93-633; PENDING PROCEEDINGS UNAFFECTED

Amendment by Pub. L. 93-633 effective Jan. 3, 1975, except as otherwise provided, see section 114 of Pub. L. 93-633, set out as an Effective Date note under section 1801 of Title 49, Appendix, Transportation.

EFFECTIVE DATE OF 1940 AMENDMENT

Section 9 of act Oct. 9, 1940 provided that: "The Act [enacting sections 170a, 170b, and 463a of this title, amending sections 170, 391a, 402, and 414 of this title and sections 382 to 385 of former Title 18, Criminal Code and Criminal Procedure, and enacting provisions set out as notes under this section] shall become effective six months after the date of approval [Oct. 9, 1940], except as to subsection (7) of section 1 hereof [section 170(7) of this title], which subsection shall become effective on the date of approval. Such initial regulations as may be necessary to make the Act effective shall be promulgated within ninety days from the date of approval hereof: Provided, however, That during any national emergency proclaimed by the President, he may, in his discretion, accelerate any or all provisions of this section."

SEPARABILITY OF PROVISIONS

Section 10 of act Oct. 9, 1940 provided that: "If any provision of this Act [see Effective Date of 1940 Amendment note set out above], or the application thereof to any person or circumstance is held invalid, the remainder of the Act, and the application of the provisions thereof, shall not be affected thereby."

TRANSFER OF FUNCTIONS

All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise in the Bureau of Customs of the Department of the Treasury to which appointments were required to be made by the President with the advice and consent of the Senate were ordered abolished with such offices to be terminated not later than December 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 FR. 7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government Organization and Employees. All functions of the offices eliminated were already vested in the Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5.

The Coast Guard was transferred to the Department of Transportation, and all functions, powers, and duties relating to the Coast Guard of the Secretary of the Treasury and of other officers and offices of the Department of the Treasury were transferred to the Secretary of Transportation by Pub. L. 89-670, $6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2) of Pub. L. 89-670, however, provided that notwithstanding such transfer of functions, the Coast Guard shall

operate as part of the Navy in time of war or when the President directs as provided in section 3 of Title 14, Coast Guard. See section 108 of Title 49, Transportation.

For transfer of functions of other officers, employees, and agencies of the Department of the Treasury, with certain exceptions, to the Secretary of the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees. Functions of the Coast Guard, and the Commandant of the Coast Guard, were excepted from transfer when the Coast Guard is operating as part of the Navy under sections 1 and 3 of Title 14.

"Commandant of the Coast Guard" was substituted for "Secretary of Commerce" throughout section and for "Board of Supervising Inspectors and approved by the Secretary of Commerce" in subsec. (6)(b), and "the Bureau of Marine Inspection and Navigation of the Department of Commerce and" following "enforced primarily by" in subsec. (12) was omitted on authority of Reorg. Plan No. 3 of 1946, §§ 101-104, set out as a note under section 1 of this title.

"Secretary of Transportation" was substituted for "Interstate Commerce Commission" in subsec. (7)(e), on authority of Pub. L. 89-670, which created the Department of Transportation and transferred all powers, duties, and functions of the Interstate Commerce Commission and of the Chairman, members, offices, and officers thereof under sections 831-835 of Title 18, Crimes and Criminal Procedure, to the Secretary of Transportation. See section 1655(e)(4) of Title 49, Appendix, Transportation.

Upon incorporation into the Code, the words "Secretary of Commerce" were substituted for "Secretary of Commerce and Labor" to conform to act Mar. 4, 1913.

FEDERAL RULES OF CIVIL PROCEDURE

Admiralty and maritime rules of practice (which included libel procedures) were superseded, and civil and admiralty procedures in United States district courts were unified, effective July 1, 1966, see rule 1 and Supplemental Rules for Certain Admiralty and Maritime Claims, Title 28, Appendix, Judiciary and Judicial Procedure.

CROSS REFERENCES

boats, launches, or lifeboats equipped with engines using an inflammable or combustible fuel, nor shall anything contained in said section prohibit such motorboats, launches, or lifeboats from carrying such inflammable or combustible fuel in their tanks: Provided, That no such inflammable or combustible fuel for the engines of such motorboats, launches, or lifeboats shall be carried except as may be prescribed by regulations of the Commandant of the Coast Guard: Provided further, That the use of such lifeboats shall be under such regulations as shall be prescribed by the Commandant of the Coast Guard.

(Oct. 9, 1940, ch. 777, § 2(b), 54 Stat. 1028; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097.)

EFFECTIVE DATE

Section effective six months after Oct. 9, 1940, see section 9 of act Oct. 9, 1940, set out as an Effective Date of 1940 Amendment note under section 170 of this title.

SEPARABILITY OF PROVISIONS

Invalidity of any provision of act Oct. 9, 1940, as not affecting remaining provisions, see section 10 of act Oct. 9, 1940, set out as a note under section 170 of this title.

TRANSFER OF FUNCTIONS

The Coast Guard was transferred to the Department of Transportation, and all functions, powers, and duties relating to the Coast Guard of the Secretary of the Treasury and of other officers and offices of the Department of the Treasury were transferred to the Secretary of Transportation by Pub. L. 89-670, § 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2) of Pub. L. 89-670, however, provided that notwithstanding such transfer of functions, the Coast Guard shall operate as part of the Navy in time of war or when the President directs as provided in section 3 of Title 14, Coast Guard. See section 108 of Title 49, Transportation.

For transfer of functions of other officers, employees, and agencies of the Department of the Treasury, with certain exceptions, to the Secretary of the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees. Functions of the Coast Guard, and the Commandant of the Coast Guard, were excepted from transfer when the Coast Guard is operating as part of the Navy under sections 1 and 3 of Title 14.

"Commandant of the Coast Guard" was substituted for "Board of Supervising Inspectors with the approval of the Secretary of Commerce" on authority of Reorg. Plan No. 3 of 1946, §§ 101-104, set out as a note under section 1 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 170b of this title.

§ 170b. Authorization of appropriations

There are authorized to be appropriated such sums of money as may be necessary to carry out the provisions of this Act.

(Oct. 9, 1940, ch. 777, § 8, 54 Stat. 1028.)

REFERENCES IN TEXT

This Act, referred to in text, is act Oct. 9, 1940, ch. 777, 54 Stat. 1023, as amended, which enacted sections

170a, 170b, and 463a of this title, amended sections 170, 391a, 402, and 414 of this title and sections 382 to 385 of former Title 18, Criminal Code and Criminal Procedure, and enacted provisions set out as notes under section 170 of this title. Section 463a of this title was repealed by Pub. L. 86-244, § 3(a)(8), Sept. 9, 1959, 73 Stat. 476 and, pursuant section 3(b) of Pub. L. 86-244, a reference in any other law to section 463a of this title is to be deemed a reference to section 481 of this title. Sections 382 to 385 of former title 18 were repealed by act June 25, 1948, ch. 645, § 17, 62 Stat. 862, and reenacted as sections 831 to 835 of Title 18, Crimes and Criminal Procedure. For complete classification of this Act to the Code, see Tables.

EFFECTIVE DATE

Section effective six months after Oct. 9, 1940, see section 9 of act Oct. 9, 1940, set out as an Effective Date of 1940 Amendment note under section 170 of this title.

SEPARABILITY OF PROVISIONS

Invalidity of any provision of act Oct. 9, 1940, as not affecting remaining provisions, see section 10 of act Oct. 9, 1940, set out as a note under section 170 of this title.

§ 171. Repealed. June 25, 1948, ch. 645, § 17, 62 Stat. 862

Section, act Aug. 2, 1882, ch. 374, § 8 (part), 22 Stat. 189, related to penalties for carrying explosives or other dangerous articles on vessels carrying steerage passengers. See section 2278 of Title 18, Crimes and Criminal Procedure. For remainder of section 8, which was not repealed, see section 156a of this title.

EFFECTIVE DATE OF REPEAL

Repeal of section effective Sept. 1, 1948, see section 20 of act June 25, 1948, set out as an Effective Date note preceding section 1 of Title 18, Crimes and Criminal Procedure.

§§ 172 to 175, 178, 179. Repealed. Oct. 9, 1940, ch. 777, § 7, 54 Stat. 1028

Section 172, R.S. § 4278, related to the transportation of nitroglycerin or oil.

Section 173, R.S. § 4279, related to packing and marking of nitroglycerin or oil.

Section 174, R.S. § 4280, related to State regulation of transportation, packing and marking of nitroglycerin or oil.

Section 175, R.S. § 4288, related to shipping inflammable materials.

Section 178, act Aug. 26, 1935, ch. 697, § 1, 49 Stat. 868, related to transportation of flammables, explosives, and other dangerous cargo.

Section 179, act Aug. 26, 1935, ch. 697, § 2, 49 Stat. 869, related to the penalty for violation of section 178 of this title.

For subject matter of these sections, see section 170 of this title.

EFFECTIVE DATE OF REPEAL

Repeal of sections effective Oct. 9, 1940, see section 9 of act Oct. 9, 1940, set out as an Effective Date of 1940 Amendment note under section 170 of this title.

SEPARABILITY OF PROVISIONS

Invalidity of any provision of act Oct. 9, 1940, as not affecting remaining provisions, see section 10 of act Oct. 9, 1940, set out as a note under section 170 of this title.

§ 183

Liability with respect to carriage of goods by sea, see section 1300 et seq. of this title.

§ 181. Liability of masters as carriers

If any shipper of platina, gold, gold dust, silver, bullion, or other precious metals, coins, jewelry, bills of any bank or public body, diamonds, or other precious stones, or any gold or silver in a manufactured or unmanufactured state, watches, clocks, or timepieces of any description, trinkets, orders, notes, or securities for payment of money, stamps, maps, writings, title deeds, printings, engravings, pictures, gold or silver plate or plated articles, glass, china, silks in a manufactured or unmanufactured state, and whether wrought up or not wrought up with any other material, furs, or lace, or any of them, contained in any parcel, or package, or trunk, shall lade the same as freight or baggage, on any vessel, without at the time of such lading giving to the master, clerk, agent, or owner of such vessel receiving the same a written notice of the true character and value thereof, and having the same entered on the bill of lading therefor, the master and owner of such vessel shall not be liable as carriers thereof in any form or manner; nor shall any such

master or owner be liable for any such goods beyond the value and according to the character thereof so notified and entered. (R.S. § 4281.)

CODIFICATION

R.S. 4281 derived from act Feb. 28, 1871, ch. 100, § 69, 16 Stat. 458.

SHORT TITLE

Sections 190 to 196 of this title are popularly known as the "Harter Act".

CROSS REFERENCES

Amount of liability when nature and value of goods not declared, see section 1304 of this title. Sections unaffected by sections 190 to 195 of this title, see section 196 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 196, 1308 of this title.

§ 182. Loss by fire

No owner of any vessel shall be liable to answer for or make good to any person any loss or damage, which may happen to any merchandise whatsoever, which shall be shipped, taken in, or put on board any such vessel, by reason or by means of any fire happening to or on board the vessel, unless such fire is caused by the design or neglect of such owner. (R.S. § 4282.)

CODIFICATION

R.S. § 4282 derived from act Mar. 3, 1851, ch. 43, § 1, 9 Stat. 635.

CROSS REFERENCES

Liability of carrier and ship for loss from fire, see section 1304 of this title.

Remedies reserved, see section 187 of this title. Section unaffected by sections 190 to 195 of this title, see section 196 of this title.

Vessels within application of this section, see section 188 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 187, 188, 196, 1308 of this title; title 42 section 9607.

§ 183. Amount of liability

(a) Privity or knowledge of owner; limitation

The liability of the owner of any vessel, whether American or foreign, for any embezzlement, loss, or destruction by any person of any property, goods, or merchandise shipped or put on board of such vessel, or for any loss, damage, or injury by collision, or for any act, matter, or thing, loss, damage, or forfeiture, done, occasioned, or incurred, without the privity or knowledge of such owner or owners, shall not, except in the cases provided for in subsection (b) of this section, exceed the amount or value of the interest of such owner in such vessel, and her freight then pending.

(b) Seagoing vessels; losses not covered in full

In the case of any seagoing vessel, if the amount of the owner's liability as limited under subsection (a) of this section is insufficient to