
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 46USC2110]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
                       Part A--General Provisions
 
                           CHAPTER 21--GENERAL
 
Sec. 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 accordance with section 9701 of 
title 31.
    (2) The Secretary may not establish a fee or charge under paragraph 
(1) for inspection or examination of a non-self-propelled tank vessel 
under part B of this title \1\ that is more than $500 annually. The 
Secretary may not establish a fee or charge under paragraph (1) for 
inspection 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 establish a fee or charge under 
paragraph (1) for inspection or examination under this title for any 
publicly-owned ferry.
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    \1\ So in original. Probably should be ``subtitle''.
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    (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 adjusted 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, including 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) The Secretary shall establish a fee or charge as provided in 
paragraph (2) of this subsection, and collect it annually in fiscal 
years 1993 and 1994, from the owner or operator of each recreational 
vessel to which paragraph (2) of this subsection applies.
    (2) The fee or charge established under paragraph (1) of this 
subsection is as follows:
        (A) in fiscal year 1993--
            (i) for vessels of more than 21 feet in length but less than 
        27 feet, not more than $35;
            (ii) for vessels of at least 27 feet in length but less than 
        40 feet, not more than $50; and
            (iii) for vessels of at least 40 feet in length, not more 
        than $100.\2\
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    \2\ So in original. The period probably should be ``; and''.

        (B) in fiscal year 1994--
            (i) for vessels of at least 37 feet in length but less than 
        40 feet, not more than $50; and
            (ii) for vessels of at least 40 feet in length, not more 
        than $100.

    (3) The fee or charge established under this subsection applies only 
to vessels operated on the navigable waters of the United States where 
the Coast Guard has a presence.
    (4) The fee or charge established under this subsection does not 
apply to a--
        (A) public vessel; or
        (B) vessel deemed to be a public vessel under section 827 of 
    title 14.

    (5) The Secretary shall provide to each person who pays a fee or 
charge under this subsection a separate document on which appears, in 
readily discernible print, only the following statement: ``The fees \3\ 
for which this document was provided was established under the Omnibus 
Budget Reconciliation Act of 1990. Persons paying this fee can expect no 
increase in the quantity, quality, or variety of services the person 
receives from the Coast Guard as a result of that payment.''
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    \3\ So in original. Probably should be ``fee''.
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    (c) In addition to the collection of fees and charges established 
under subsections (a) and (b), the Secretary may recover appropriate 
collection and enforcement costs associated with delinquent 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 failing to pay a fee or 
charge established under this section is liable to the United States 
Government for a civil penalty of not more than $5,000 for each 
violation.
    (f) When requested by the Secretary, the Secretary of the Treasury 
shall deny the clearance required by section 4197 of the Revised 
Statutes of the United States (46 App. U.S.C. 91) 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 Secretary 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 performance 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 \4\ maritime academies.
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    \4\ So in original. Probably should be capitalized.
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    (k) 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, including a fee or 
charge for any domestic icebreaking service or any other navigational 
assistance service. This subsection expires on September 30, 2001.

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 507; Pub. L. 99-509, title V, 
Sec. 5102(b)(4), Oct. 21, 1986, 100 Stat. 1927; Pub. L. 100-710, title 
I, Sec. 104(a)(3), Nov. 23, 1988, 102 Stat. 4749; Pub. L. 101-508, title 
X, Sec. 10401(a), Nov. 5, 1990, 104 Stat. 1388-397; Pub. L. 102-241, 
Sec. 53, Dec. 19, 1991, 105 Stat. 2232; Pub. L. 102-582, title V, 
Sec. 501(a), Nov. 2, 1992, 106 Stat. 4909; Pub. L. 102-587, title V, 
Sec. 5207, Nov. 4, 1992, 106 Stat. 5075; Pub. L. 104-324, title XI, 
Sec. 1112, Oct. 19, 1996, 110 Stat. 3970; Pub. L. 105-383, title II, 
Sec. 207, Nov. 13, 1998, 112 Stat. 3416.)

                      Historical and Revision Notes
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          Revised section                Source section (U.S. Code)
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2110..............................  46:331
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    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, except 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 customs 
station shall be paid by such owners; issuing of license 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 fisheries to touch and 
trade; granting certificate of payment 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; inspecting, examining, and licensing steam vessels, including 
inspection certificate and copies thereof; and licensing of master, 
engineer, pilot, or mate of a vessel.

                       References in Text

    The Omnibus Budget Reconciliation Act of 1990, referred 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

    1998--Subsec. (k). Pub. L. 105-383 added subsec. (k).
    1996--Subsec. (a)(2). Pub. L. 104-324, Sec. 1112, which directed 
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 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 establish a fee or charge under 
paragraph (1) for inspection or examination under this title for any 
publicly-owned ferry.'' after ``annually.'', was executed by making 
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 generally, and section 10401 of Pub. L. 101-508 did not 
contain a subsec. (g).
    1992--Subsec. (b)(1). Pub. L. 102-582, Sec. 501(a)(1), substituted 
``1993 and 1994'' for ``1991, 1992, 1993, 1994, and 1995'' and ``to 
which paragraph (2) of this subsection applies'' for ``that is greater 
than 16 feet in length''.
    Subsec. (b)(2). Pub. L. 102-582, Sec. 501(a)(2), amended par. (2) 
generally. Prior to amendment, par. (2) read as follows: ``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 amendment, 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 discharge 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 licensing of masters, mates, 
pilots, and engineers, and the documentation of vessels''.
    1986--Pub. L. 99-509 substituted ``examination of vessels under part 
B of this subtitle'' for ``examination of vessels'' and struck out 
``measurement or'' before ``documentation''.


                    Effective Date of 1992 Amendment

    Section 501(b) of Pub. L. 102-582 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 30101 of this title.


          Acceptance of Evidence of Payment of Coast Guard Fees

    Section 5214 of Pub. L. 102-587 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 payment of the fee or charge to a Coast Guard boarding 
officer.''
