46 U.S.C. § 2110 — Fees

Page 30 TITLE 46—SHIPPING § 2110 of this subtitle although some public vessels are in- spected under interagency voluntary agreements. Editorial Notes AMENDMENTS 2020—Pub. L. 116–260 substituted ‘‘Great Lakes St. Lawrence Seaway Development Corporation’’ for ‘‘Saint Lawrence Seaway Development Corporation’’. 2010—Pub. L. 111–281 amended directory language of Pub. L. 109–241, § 902(e)(1). See 2006 Amendment note below. 2006—Pub. L. 109–241, § 902(e)(1), as amended by Pub. L. 111–281, struck out ‘‘a Coast Guard or’’ after ‘‘(ex- cept’’. 1986—Pub. L. 99–509 substituted ‘‘Except as otherwise provided, this’’ for ‘‘This’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Pub. L. 111–281, title IX, § 903(a), Oct. 15, 2010, 124 Stat. 3010, provided that the amendment by section 903(a)(5)(A) is effective with enactment of Pub. L. 109–241. § 2110. Fees (a)(1) Except as otherwise provided in this title, the Secretary shall establish a fee or charge for a service or thing of value provided by the Secretary under this subtitle, in accord- ance with section 9701 of title 31. (2) The Secretary may not establish a fee or charge under paragraph (1) for inspection or ex- amination of a non-self-propelled tank vessel under part B of this subtitle that is more than $500 annually. The Secretary may not establish a fee or charge under paragraph (1) for inspec- tion or examination of a small passenger vessel under this title that is more than $300 annually for such vessels under 65 feet in length, or more than $600 annually for such vessels 65 feet in length and greater. The Secretary may not es- tablish a fee or charge under paragraph (1) for inspection or examination under this title for any publicly-owned ferry. (3) The Secretary may, by regulation, adjust a fee or charge collected under this subsection to accommodate changes in the cost of providing a specific service or thing of value, but the ad- justed fee or charge may not exceed the total cost of providing the service or thing of value for which the fee or charge is collected, includ- ing the cost of collecting the fee or charge. (4) The Secretary may not collect a fee or charge under this subsection that is in conflict with the international obligations of the United States. (5) The Secretary may not collect a fee or charge under this subsection for any search or rescue service. (b)(1) In addition to the collection of fees and charges established under subsection (a), in pro- viding a service or thing of value under this sub- title the Secretary may accept in-kind transpor- tation, travel, and subsistence. (2) The value of in-kind transportation, travel, and subsistence accepted under this paragraph may not exceed applicable per diem rates set forth in regulations prescribed under section 464 of title 37. (c) In addition to the collection of fees and charges established under subsection (a), the Secretary may recover appropriate collection and enforcement costs associated with delin- quent payments of the fees and charges. (d)(1) The Secretary may employ any Federal, State, or local agency or instrumentality, or any private enterprise or business, to collect a fee or charge established under this section. A private enterprise or business selected by the Secretary to collect fees or charges— (A) shall be subject to reasonable terms and conditions agreed to by the Secretary and the enterprise or business; (B) shall provide appropriate accounting to the Secretary; and (C) may not institute litigation as part of that collection. (2) A Federal agency shall account for the agency’s costs of collecting the fee or charge under this subsection as a reimbursable expense, and the costs shall be credited to the account from which expended. (e) A person that violates this section by fail- ing to pay a fee or charge established under this section is liable to the United States Govern- ment for a civil penalty of not more than $5,000 for each violation. (f) When requested by the Secretary, the Sec- retary of Homeland Security shall deny the clearance required by section 60105 of this title to a vessel for which a fee or charge established under this section has not been paid until the fee or charge is paid or until a bond is posted for the payment. (g) The Secretary may exempt a person from paying a fee or charge established under this section if the Secretary determines that it is in the public interest to do so. (h) Fees and charges collected by the Sec- retary under this section shall be deposited in the general fund of the Treasury as offsetting receipts of the department in which the Coast Guard is operating and ascribed to Coast Guard activities. (i) The collection of a fee or charge under this section does not alter or expand the functions, powers, responsibilities, or liability of the United States under any law for the perform- ance of services or the provision of a thing of value for which a fee or charge is collected under this section. (j) The Secretary may not establish or collect a fee or charge for the inspection under part B of this subtitle of training vessels operated by State maritime academies. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 507; Pub. L. 99–509, title V, § 5102(b)(4), Oct. 21, 1986, 100 Stat. 1927; Pub. L. 100–710, title I, § 104(a)(3), Nov. 23, 1988, 102 Stat. 4749; Pub. L. 101–508, title X, § 10401(a), Nov. 5, 1990, 104 Stat. 1388–397; Pub. L. 102–241, § 53, Dec. 19, 1991, 105 Stat. 2232; Pub. L. 102–582, title V, § 501(a), Nov. 2, 1992, 106 Stat. 4909; Pub. L. 102–587, title V, § 5207, Nov. 4, 1992, 106 Stat. 5075; Pub. L. 104–324, title XI, § 1112, Oct. 19, 1996, 110 Stat. 3970; Pub. L. 105–383, title II, § 207, Nov. 13, 1998, 112 Stat. 3416; Pub. L. 107–295, title III, § 344, Nov. 25, 2002, 116 Stat. 2106; Pub. L. 109–304, § 15(6), Oct. 6, 2006, 120 Stat. 1702; Pub. L. 113–281, title III, § 311(a), Dec. 18, 2014, 128 Stat. 3047; Pub. L. 115–232, div. C, title XXXV, § 3546(a), Aug. 13, 2018, 132 Stat. 2326.) Page 31 TITLE 46—SHIPPING § 2110 HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 2110 .............................................. 46:331 Section 2110 prevents the assessment of user fees for certain maritime safety and seamen’s welfare services unless otherwise provided for by law. These include: Measurement of tonnage and certifying the same, ex- cept that the compensation and necessary travel and subsistence expenses of the officers so measuring or certifying such vessels at the request of the owners thereof at a place other than a port of entry or a cus- toms station shall be paid by such owners; issuing of li- cense or granting of certificate of registry, record, or enrollment, including all indorsements on the same and oath; indorsement of change of master; certifying and receiving manifest, including master’s oath and permit; granting permit to vessels licensed for the fish- eries to touch and trade; granting certificate of pay- ment of tonnage dues; recording bill of sale, mortgage, hypothecation or conveyance, or the discharge of such mortgage or hypothecation; furnishing certificate of title; furnishing the crew list; certificate of protection to seamen; bill of health; shipping or discharging of seamen; apprenticing boys to the merchant service; in- specting, examining, and licensing steam vessels, in- cluding inspection certificate and copies thereof; and licensing of master, engineer, pilot, or mate of a vessel. Editorial Notes REFERENCES IN TEXT The Omnibus Budget Reconciliation Act of 1990, re- ferred to in subsec. (b)(5), is Pub. L. 101–508, Nov. 5, 1990, 104 Stat. 1388. For complete classification of this Act to the Code, see Tables. AMENDMENTS 2018—Subsec. (k). Pub. L. 115–232 struck out subsec. (k) which read as follows: ‘‘The Secretary may not plan, implement or finalize any regulation that would promulgate any new maritime user fee which was not implemented and collected prior to January 1, 1998, in- cluding a fee or charge for any domestic icebreaking service or any other navigational assistance service. This subsection expires on September 30, 2006.’’ 2014—Subsec. (b). Pub. L. 113–281, § 311(a)(1), amended subsec. (b) generally. Prior to amendment, subsec. (b) related to fees and charges in fiscal years 1993 and 1994. Subsec. (c). Pub. L. 113–281, § 311(a)(2), substituted ‘‘subsection (a),’’ for ‘‘subsections (a) and (b),’’. 2006—Subsec. (a)(2). Pub. L. 109–304, § 15(6)(A), sub- stituted ‘‘part B of this subtitle’’ for ‘‘part B of this title’’. Subsec. (b)(2)(A)(iii). Pub. L. 109–304, § 15(6)(B), sub- stituted ‘‘; and’’ for period at end. Subsec. (b)(5). Pub. L. 109–304, § 15(6)(C), substituted ‘‘The fee’’ for ‘‘The fees’’. Subsec. (f). Pub. L. 109–304, § 15(6)(D), substituted ‘‘Secretary of Homeland Security shall deny the clear- ance required by section 60105 of this title’’ for ‘‘Sec- retary of the Treasury shall deny the clearance re- quired by section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91)’’. Subsec. (j). Pub. L. 109–304, § 15(6)(E), substituted ‘‘State’’ for ‘‘state’’. 2002—Subsec. (k). Pub. L. 107–295 substituted ‘‘2006’’ for ‘‘2001’’. 1998—Subsec. (k). Pub. L. 105–383 added subsec. (k). 1996—Subsec. (a)(2). Pub. L. 104–324, § 1112, which di- rected amendment of section 10401(g) of Pub. L. 101–508 by inserting ‘‘The Secretary may not establish a fee or charge under paragraph (1) for inspection or examina- tion of a small passenger vessel under this title that is more than $300 annually for such vessels under 65 feet in length, or more than $600 annually for such vessels 65 feet in length and greater. The Secretary may not establish a fee or charge under paragraph (1) for inspec- tion or examination under this title for any publicly- owned ferry.’’ after ‘‘annually.’’, was executed by mak- ing insertion in subsec. (a)(2) of this section to reflect the probable intent of Congress, because section 10401(a) of Pub. L. 101–508 amended this section gen- erally, and section 10401 of Pub. L. 101–508 did not con- tain a subsec. (g). 1992—Subsec. (b)(1). Pub. L. 102–582, § 501(a)(1), sub- stituted ‘‘1993 and 1994’’ for ‘‘1991, 1992, 1993, 1994, and 1995’’ and ‘‘to which paragraph (2) of this subsection ap- plies’’ for ‘‘that is greater than 16 feet in length’’. Subsec. (b)(2). Pub. L. 102–582, § 501(a)(2), amended par. (2) generally. Prior to amendment, par. (2) read as fol- lows: ‘‘The fee or charge established under paragraph (1) of this subsection is as follows: ‘‘(A) for vessels greater than 16 feet in length but less than 20 feet, not more than $25; ‘‘(B) for vessels of at least 20 feet in length but less than 27 feet, not more than $35; ‘‘(C) for vessels of at least 27 feet in length but less than 40 feet, not more than $50; and ‘‘(D) for vessels of at least 40 feet in length, not more than $100.’’ Subsec. (j). Pub. L. 102–587 added subsec. (j). 1991—Subsec. (b)(5). Pub. L. 102–241 added par. (5). 1990—Pub. L. 101–508, as amended by Pub. L. 104–324, substituted ‘‘Fees’’ for ‘‘Fees prohibited’’ as section catchline and amended text generally. Prior to amend- ment, text read as follows: ‘‘Fees may not be charged or collected by the Secretary for services provided for in this subtitle related to the engagement and dis- charge of seamen, the inspection and examination of vessels under part B of this subtitle, and the licensing of masters, mates, pilots, and engineers, except when specifically provided for in this subtitle.’’ See 1996 Amendment note above. 1988—Pub. L. 100–710 substituted ‘‘and the licensing of masters, mates, pilots, and engineers’’ for ‘‘the licens- ing of masters, mates, pilots, and engineers, and the documentation of vessels’’. 1986—Pub. L. 99–509 substituted ‘‘examination of ves- sels under part B of this subtitle’’ for ‘‘examination of vessels’’ and struck out ‘‘measurement or’’ before ‘‘doc- umentation’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102–582, title V, § 501(b), Nov. 2, 1992, 106 Stat. 4910, provided that: ‘‘The amendments made by this section [amending this section] are effective October 1, 1992.’’ EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–710 effective Jan. 1, 1989, with certain exceptions and qualifications, see section 107 of Pub. L. 100–710, set out as an Effective Date note under section 31301 of this title. TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. ACCEPTANCE OF EVIDENCE OF PAYMENT OF COAST GUARD FEES Pub. L. 102–587, title V, § 5214, Nov. 4, 1992, 106 Stat. 5077, provided that: ‘‘The Secretary of Transportation may not issue a citation for failure to pay a fee or charge established under section 2110 of title 46, United States Code, to an owner or operator of a recreational vessel who provides reasonable evidence of prior pay- ment of the fee or charge to a Coast Guard boarding of- ficer.’’ Page 32 TITLE 46—SHIPPING § 2111 § 2111. Pay for overtime services (a) The Secretary may prescribe a reasonable rate of extra pay for overtime services of civil- ian officers and employees of the Coast Guard required to remain on duty between 5 p.m. and 8 a.m., or on Sundays or holidays, to perform services related to— (1) the inspection of vessels or their equip- ment; (2) the engagement and discharge of crews of vessels; (3) the measurement of vessels; and (4) the documentation of vessels. (b) Except for Sundays and holidays, the over- time rate provided under subsection (a) of this section is one-half day’s additional pay for each 2 hours of overtime (or part of 2 hours of at least one hour). The total extra pay may be not more than 2 and one-half days’ pay for any one period from 5 p.m. to 8 a.m. (c) The overtime rate provided under sub- section (a) of this section for Sundays and holi- days is 2 additional days’ pay. (d) The owner, charterer, managing operator, agent, master, or individual in charge of the ves- sel shall pay the amount of the overtime pay provided under this section to the official des- ignated by regulation. The official shall deposit the amount paid to the Treasury as miscella- neous receipts. Payment to the officer or em- ployee entitled to the pay shall be made from the annual appropriations for salaries and ex- penses of the Coast Guard. (e) The overtime pay provided under this sec- tion shall be paid if the authorized officers and employees have been ordered to report for duty and have reported, even if services requested were not performed. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 507.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 2111 .............................................. 46:382b Section 2111 provides for the payment of overtime rates for work performed by civilian officers and em- ployees of the Coast Guard for certain specified activi- ties. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 2112. Authority to change working hours In a port at which the customary working hours begin before 8 a.m. or end after 5 p.m., the Secretary may regulate the working hours of the officers and employees referred to in section 2111 of this title so that those hours conform to the prevailing working hours of the port. How- ever— (1) the total period for which overtime pay may be required under section 2111 of this title may not be more than 15 hours between any 2 periods of ordinary working hours on other than Sundays and holidays; (2) the length of the working day for the offi- cers and employees involved may not be changed; and (3) the rate of overtime pay may not be changed. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 508.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 2112 .............................................. 46:382b Section 2112 provides the Secretary with the author- ity to regulate the working hours of civilian officers and employees of the Coast Guard to conform with the prevailing working hours of a port. § 2113. Authority to exempt certain vessels If the Secretary decides that the application of a provision of part B, C, F, or G of this sub- title is not necessary in performing the mission of the vessel engaged in excursions or an oceano- graphic research vessel, or not necessary for the safe operation of certain vessels carrying pas- sengers, the Secretary by regulation may— (1) for a vessel, issue a special permit speci- fying the conditions of operation and equip- ment; (2) exempt an oceanographic research vessel from that provision under conditions the Sec- retary may specify; (3) establish different operating and equip- ment requirements for vessels defined in sec- tion 2101(53)(A) of this title; and (4) maintain different structural fire protec- tion, manning, operating, and equipment re- quirements for vessels that satisfied require- ments set forth in the Passenger Vessel Safety Act of 1993 (Public Law 103–206) before June 21, 1994. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 508; Pub. L. 103–206, title V, § 511(a), Dec. 20, 1993, 107 Stat. 2441; Pub. L. 104–324, title VII, § 710, Oct. 19, 1996, 110 Stat. 3935; Pub. L. 115–232, div. C, title XXXV, §§ 3541(b)(6), 3542(a), Aug. 13, 2018, 132 Stat. 2323, 2324; Pub. L. 117–263, div. K, title CXVI, § 11601(c)(1), Dec. 23, 2022, 136 Stat. 4146.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 2113 .............................................. 46:445 46:453 Section 2113 provides the Secretary with the author- ity to exempt certain vessels from the inspection and manning requirements of law when vessels are engaged in excursions or oceanographic research. This is the au- thority of the issuance of excursion permits when spe- cial circumstances justify the waiver of certain mari- time safety and seamen’s welfare laws for a short pe- riod of time. It also contains flexible exemption au- thority for regulation of oceanographic research ves- sels. Editorial Notes REFERENCES IN TEXT The Passenger Vessel Safety Act of 1993, referred to in par. (4), is Pub. L. 103–206, title V, Dec. 20, 1993, 107