2018 US Code
Title 46 - Shipping
Subtitle II - Vessels and Seamen
Part A - General Provisions
Chapter 21 - General
Sec. 2110 - Fees
|Citation||46 U.S.C. § 2110 (2018)|
|Section Name||§2110. Fees|
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
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, including 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), 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 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, §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 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
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."
|Publication Title||United States Code, 2018 Edition, Title 46 - SHIPPING|
|Category||Bills and Statutes|
|Collection||United States Code|
|SuDoc Class Number||Y 1.2/5:|
|Contained Within||Title 46 - SHIPPING
Subtitle II - Vessels and Seamen
Part A - General Provisions
CHAPTER 21 - GENERAL
Sec. 2110 - Fees
|Laws In Effect As Of Date||January 14, 2019|
|Statutes at Large References||97 Stat. 507
100 Stat. 1927
102 Stat. 4749
104 Stat. 1388-397, 1388
105 Stat. 2232
106 Stat. 4909, 5075, 4910, 5077
110 Stat. 3970
112 Stat. 3416
116 Stat. 2106
120 Stat. 1702
128 Stat. 3047
132 Stat. 2326
|Public Law References||Public Law 98-89, Public Law 99-509, Public Law 100-710, Public Law 101-508, Public Law 102-241, Public Law 102-582, Public Law 102-587, Public Law 104-324, Public Law 105-383, Public Law 107-295, Public Law 109-304, Public Law 113-281, Public Law 115-232|