1625-0074 Stat/Authority

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§ 2110

TITLE 46—SHIPPING
HISTORICAL AND REVISION NOTES

Revised section

Source section (U.S. Code)

2106 ..............................................

46:170(14)
46:216e(e)
46:390d
46:391a(14)(C)
46:436
46:462
46:481(c)
46:497
46:526o
46:672(j)
46:1484(b)

Section 2106 provides that when a vessel is made liable in rem the vessel may be libeled and proceeded
against in a United States district court.

procedural regulations for assessing civil penalties ensure that the essential elements of due process, notice,
and opportunity to be heard, are provided to alleged
violators (see 33 CFR Subpart 1.07). The more rigid and
time-consuming procedures applicable to APA adjudications are unwarranted in the case of Coast Guard
civil penalty assessment procedures and would seriously hamper the orderly enforcement of these administrative penalties.
AMENDMENTS
2006—Pub. L. 109–241 substituted ‘‘this subtitle or subtitle VII’’ for ‘‘this subtitle’’ in two places in subsec. (a)
and in one place in subsec. (b).

AMENDMENTS

[§ 2108. Repealed. Pub. L. 109–304, § 15(5), Oct. 6,
2006, 120 Stat. 1702]

2006—Pub. L. 109–304 substituted ‘‘the district court of
the United States for any district’’ for ‘‘a district court
of the United States’’.

Section, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 507, related to refund of penalties unlawfully, improperly, or excessively imposed. See section 504 of this title.

§ 2107. Civil penalty procedures

§ 2109. Public vessels

(a) After notice and an opportunity for a hearing, a person found by the Secretary to have violated this subtitle or subtitle VII or a regulation
prescribed under this subtitle or subtitle VII for
which a civil penalty is provided, is liable to the
United States Government for the civil penalty
provided. The amount of the civil penalty shall
be assessed by the Secretary by written notice.
In determining the amount of the penalty, the
Secretary shall consider the nature, circumstances, extent, and gravity of the prohibited
acts committed and, with respect to the violator, the degree of culpability, any history of
prior offenses, ability to pay, and other matters
that justice requires.
(b) The Secretary may compromise, modify, or
remit, with or without consideration, a civil
penalty under this subtitle or subtitle VII until
the assessment is referred to the Attorney General.
(c) If a person fails to pay an assessment of a
civil penalty after it has become final, the Secretary may refer the matter to the Attorney
General for collection in an appropriate district
court of the United States.

Except as otherwise provided, this subtitle
does not apply to a public vessel of the United
States. However, this subtitle does apply to a
vessel (except a Saint Lawrence Seaway Development Corporation vessel) owned or operated
by the Department of Transportation or by any
corporation organized or controlled by the Department.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 506; Pub. L.
109–241, title III, § 306(b), July 11, 2006, 120 Stat.
528.)
HISTORICAL AND REVISION NOTES
Revised section
2107 ..............................................

Source section (U.S. Code)
33:364
46:7
46:65u
46:216e(d)
46:391a(14)
46:526o
46:526p
46:1484(c)

Section 2107 provides for standard procedures for the
handling of civil penalties for infractions of law or regulation. Some changes were made to increase some antiquated and inadequate penalties.
The assessment of civil penalties under this section
should not require an ‘‘on the record’’ hearing within
the meaning of the Administrative Procedures Act
(APA). It is intended that these civil penalties be assessed in a fair manner. However, the Committee recognizes that statutes passed in the last decade have involved the Coast Guard in tens of thousands of civil
penalty enforcement cases and that it is necessary that
the penalties be assessed efficiently. The Coast Guard’s

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 507; Pub. L.
99–509, title V, § 5102(b)(3), Oct. 21, 1986, 100 Stat.
1927; Pub. L. 109–241, title IX, § 902(e)(1), July 11,
2006, 120 Stat. 567; Pub. L. 111–281, title IX,
§ 903(a)(5)(A), Oct. 15, 2010, 124 Stat. 3010.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

2109 ..............................................

46:362
46:363
46:391a(4)

Section 2109 exempts public vessels from the applicability of the maritime safety and seamen’s welfare laws
of this subtitle although some public vessels are inspected under interagency voluntary agreements.
AMENDMENTS
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 ‘‘(except’’.
1986—Pub. L. 99–509 substituted ‘‘Except as otherwise
provided, this’’ for ‘‘This’’.
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 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 subtitle that is more than

§ 2110

TITLE 46—SHIPPING

$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; 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 fee 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.

Page 28

(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 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 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 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.
(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.

Page 29

§ 2111

TITLE 46—SHIPPING

107–295, title III, § 344, Nov. 25, 2002, 116 Stat. 2106;
Pub. L. 109–304, § 15(6), Oct. 6, 2006, 120 Stat. 1702.)
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, 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
2006—Subsec. (a)(2). Pub. L. 109–304, § 15(6)(A), substituted ‘‘part B of this subtitle’’ for ‘‘part B of this
title’’.
Subsec. (b)(2)(A)(iii). Pub. L. 109–304, § 15(6)(B), substituted ‘‘; 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 clearance required by section 60105 of this title’’ for ‘‘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)’’.
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 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 publiclyowned 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, § 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, § 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 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
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 relating 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 Security, and the Department of Homeland Security Reorganization 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 payment of the fee or charge to a Coast Guard boarding officer.’’

§ 2111. Pay for overtime services
(a) The Secretary may prescribe a reasonable
rate of extra pay for overtime services of civilian 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 equipment;
(2) the engagement and discharge of crews of
vessels;