Shipping - 46 USC Section 2110

01/19/04

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.
(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)
(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."
(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.
(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, 2006.

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.

AMENDMENTS
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, 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."

Last modified: April 20, 2006