Page:United States Statutes at Large Volume 97.djvu/539

 PUBLIC LAW 98-89 —AUG. 26, 1983 97 STAT. 507 (b) The Secretary may compromise, modify, or remit, with or without consideration, a civil penalty under this subtitle until the assessment is referred to the Attorney Gleneral. (c) If a person fails to pay an assessment of a civil penalty after it Failure to pay has become final, the Secretary may refer the matter to the Attor- assessment. ney General for collection in an appropriate district court of the United States. § 2108. Refund of penalties The Secretary may refund or remit a civil penalty collected under this subtitle if— (1) application has been made for refund or remission of the penalty within one year from the date of payment; and (2) the Secretary finds that the penrnty was unlawfully, improperly, or excessively imposed. § 2109. Public vessels This subtitle does not apply to a public vessel of the United States. However, this subtitle does apply to a vessel (except a C!oast Guard or 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. § 2110. Fees prohibited 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, the licensing of masters, mates, pilots, and engineers, and the measurement or documentation of vessels, except when specifically provided for in this subtitle. § 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; (3) the measurement of vessels; and (4) the documentation of vessels. (b) Except for Sundays and holidays, the overtime rate provided under subsection (a) of this section is one-half day's additional pay for each 2 hours of overtime (or part of 2 hours of at least one hour). The total extra pay may be not more than 2 and one-half days' pay for any one period from 5 p.m. to 8 a.m. (c) The overtime rate provided under subsection (a) of this section for Sundays and holidays is 2 additional days' pay. (d) The owner, charterer, managing operator, agent, master, or individual in charge of the vessel shall pay the amount of the overtime pay provided under this section to the official designated by regulation. The official shall deposit the amount paid to the Treasury as miscellaneous receipts. Payment to the officer or employee entitled to the pay shall be maoe from the annual appro- priations for salaries and expenses of the Coast Guard. (e) The overtime pay provided under this section shall be paid if the authorized officers and employees have been ordered to report

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