33 



is keeping a close watch, as you pointed out, in seeing that what 

 comes back in with the ships should be a commensurate amount of 

 garbage. And if there is an incinerator aboard, at least a commen- 

 surate amount of ash based on the normal burn-down cycle so it is 

 important that the industry do that, and it is certainly important 

 that Coast Guard have these occasional inspections in order to 

 keep everyone on its toes. So thank you, Mr. Chairman. 



Mr. Tauzin. Thank you, Mr. Hochbrueckner. Mr. Coble had an 

 additional question. 



Mr. Coble. I thank the Chairman. Admiral Henn, in this era of 

 political correction, I violated protocol a few minutes ago, and I 

 want to correct it. I said you and your MSO boys do a great job. I 

 want to correct my statement and amend it to read you men and 

 women of the Marine Safety Offices do a great job. I thank the 

 Chairman. 



Mr. Tauzin. Admiral Henn, Justice is not represented at the 

 panel this morning, and so you may be the only person I can ask 

 this of. The plea bargain that was entered into — perhaps, Mr. 

 Estes, you can tell me — was there any other conditions, any other 

 requirements placed upon the Regal Princess other than the pay- 

 ment of a criminal fine? 



Mr. Estes. There was an apology. The president of the company 

 apologized to the Court. There was a probation period that I think 

 was lifted when the fine was paid. But other than that, Mr. Chair- 

 man, I don't — maybe the Admiral had some — but I don't know of 

 any other condition other than that. 



Mr. Tauzin. I asked that because it may be that as Al has point- 

 ed out to us that the amount of the fine, while it is a big fine for 

 any citizen to pay, it may not be that big for a large corporate 

 entity. And my attendance at these little sessions which is kind of 

 the result of a plea bargain — it is a finding by the Court — my son 

 did something wrong on the highway — my attendance with him at 

 these sessions is a much bigger incentive for my son to drive better, 

 believe me, than his or my paying a fine. And he has gotten that 

 message last night. He will get it again tonight and two weeks 

 from now. 



It seems to me that in regards to prosecution and enforcement of 

 this Act, that maybe we need to consider some other incentives 

 when, in fact, violations are found other than the payment of the 

 fine, and that is one of the things we are going to look at as we 

 continue to examine the record of this hearing. Admiral Henn, do 

 you want to comment? 



Admiral Henn. Mr. Chairman, there is a provision, along with 

 the criminal fine, that allows for imprisonment of up to six years. 

 And I think certainly, as we see more cases coming down the pipe- 

 line, and there are more cases, I am happy to report — we will see 

 how this all plays out. Even without additional incentives, I would 

 point out that the civil penalty provisions allow a $25,000 maxi- 

 mum fine. We do find that people stand up and take notice wheth- 

 er they are a company or not, when we slam them with the $25,000 

 fine, sir. 



Mr. Estes. I can assure you, Mr. Chairman, that $500,000 fine re- 

 verberated through our industry, and it made an impact. I can 

 assure you of that. 



