46 U.S.C. § 3317 — Fees

Page 67 TITLE 46—SHIPPING § 3318 not later than 2 years after the date of the enactment of this Act [Oct. 11, 2018].’’ REVIEW OF AUTHORITIES DELEGATED TO RECOGNIZED ORGANIZATIONS FOR ALTERNATIVE COMPLIANCE PRO- GRAM Pub. L. 115–265, title II, § 219, Oct. 11, 2018, 132 Stat. 3752, provided that: ‘‘(a) IN GENERAL.—Not later than 1 year after the date of the enactment of this Act [Oct. 11, 2018], the Commandant [of the Coast Guard] shall review the au- thorities that have been delegated to recognized orga- nizations for the alternative compliance program as de- scribed in subpart D of part 8 of title 46, Code of Fed- eral Regulations, and, if necessary, revise or establish policies and procedures to ensure those delegated au- thorities are being conducted in a manner to ensure safe maritime transportation. ‘‘(b) BRIEFING.—Not later than 1 year after the date of the enactment of this Act, the Commandant shall pro- vide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Rep- resentatives a briefing on the implementation of sub- section (a).’’ [For definition of ‘‘recognized organizations’’ as used in section 219 of Pub. L. 115–265, set out above, see sec- tion 203 of Pub. L. 115–265, set out as a note under sec- tion 2101 of this title.] § 3317. Fees (a) The Secretary may prescribe by regulation fees for inspecting or examining a small pas- senger vessel or a sailing school vessel. (b) When an inspection or examination under this part of a documented vessel or a foreign vessel is conducted at a foreign port or place at the request of the owner or managing operator of the vessel, the owner or operator shall reim- burse the Secretary for the travel and subsist- ence expenses incurred by the personnel as- signed to perform the inspection or examina- tion. Amounts received as reimbursement for these expenses shall be credited to the appro- priation for operations and support of the Coast Guard. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 517; Pub. L. 102–587, title V, § 5211, Nov. 4, 1992, 106 Stat. 5076; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8513(b), Jan. 1, 2021, 134 Stat. 4761.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 3317 .............................................. 46:390a(b) 46:382b–1 Section 3317 provides the regulatory authority for prescribing fees for the inspection of small passenger vessels and sailing school vessels. Although section 2110 generally prohibits fees of this nature, this provision is consistent with the exception that permits specific statutory authorization for fee collection. Subsection (b) requires the reimbursement of expenses for the con- duct of an inspection or examination at a foreign port or place when done there for the convenience of the owner or operator of the vessel. Editorial Notes AMENDMENTS 2021—Subsec. (b). Pub. L. 116–283 substituted ‘‘oper- ations and support’’ for ‘‘operating expenses’’. 1992—Subsec. (b). Pub. L. 102–587 substituted ‘‘under this part of a documented vessel or a foreign vessel’’ for ‘‘under this chapter of a documented vessel’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 98–89, set out as a note under section 3101 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. § 3318. Penalties (a) Except as otherwise provided in this part, the owner, charterer, managing operator, agent, master, or individual in charge of a vessel oper- ated in violation of this part or a regulation pre- scribed under this part, and a person violating a regulation that applies to a small passenger ves- sel, freight vessel of less than 100 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title, or sailing school ves- sel, are liable to the United States Government for a civil penalty of not more than $5,000. The vessel also is liable in rem for the penalty. (b)(1) A person that knowingly manufactures, sells, offers for sale, or possesses with intent to sell, any equipment subject to this part, and the equipment is so defective as to be insufficient to accomplish the purpose for which it is intended, commits a class D felony. (2) A person commits a class D felony if the person— (A) alters or services lifesaving, fire safety, or any other equipment subject to this part for compensation; and (B) by that alteration or servicing, inten- tionally renders that equipment unsafe and unfit for the purpose for which it is intended. (c) A person that employs a means or device whereby a boiler may be subjected to a pressure greater than allowed by the terms of the vessel’s certificate of inspection commits a class D fel- ony. (d) A person that deranges or hinders the oper- ation of any machinery or device employed on a vessel to denote the state of steam or water in any boiler or to give warning of approaching danger, or permits the water level of any boiler when in operation of a vessel to fall below its prescribed low-water line, commits a class D fel- ony. (e) A person that alters, defaces, obliterates, removes, or destroys any plans or specifications required by and approved under a regulation prescribed under section 3306 of this title, with intent to deceive or impede any official of the United States in carrying out that official’s du- ties, commits a class A misdemeanor. (f) A person commits a class D felony if the person— (1) forges or counterfeits with intent to make it appear genuine any mark or stamp prescribed for material to be tested and ap-